The URL can be used to link to this page

Home My WebLink AboutEnhanced DWI Enforcement �O f0 1 RESOLUTION 2024-666 ADOPTED DOC ID: 20471 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-666 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30,2024: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski, Jr. to execute the Suffolk County Probation DWI Enforcement Contract and related documentation between the Town of Southold and the Suffolk County Department of Probation for the Enhanced-DWI Enforcement Program in an amount not to exceed$19,000.00 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: Brian O. Mealy, Councilman SECONDER:Anne H. Smith, Councilwoman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans I , t , COUNTY OF SUFFOLK r Edward P. Romaine SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PROBATION Gerard J.Cook DIRECTOR October 21,2024 own of Southold 53095 route 25 Southold,NY 11971 i RE: Fully Executed Agreement: Suffolk County,NY STOP-DWI Dear Mr.Krupski: Enclosed for your records is the fully executed Amended Agreement No. 001-3198-4980-AVM1-00005 and IFMS # SC PRO 000000105039 for STOP-DWI enforcement. The Contract period is from January 1,2024 through December 31, 2024. The total cost of the Agreement is based on a fee for service budget. Please submit your claims forms 30 days after the close of each month to: Department of Probation P.O. Box 188 Yaphank,NY 11980 Attention: Accounting Unit If you have any questions concerning this Agreement,please do not hesitate to contact me at 631-852-5089 or Stacey.demmeka,suffolkcountyny.gov Very truly yours, Stacey Demme, MBA Financial Analyst SD Enclosures CC: Accounting Unit(copy) Robert Marino,Chief Planner Cheryl Kehlenbeck,Audit&Control(original) Office of the Clerk of the Legislature(original) Stephanie M.Suarez,Asst.County Attorney(copy) YAPHANK AVENUE YAPHANK,LONG ISLAND,NEW YORK 11980-0188 (631)852-5100 S t Rev. 1/JO/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DW,I/Southold Agreement No. 001-3198-4980-AVM1-00005 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 Probation ("the Department"),located at 100 East Avenue,Yaphank,NY 11980(mailing address:PO Box 188,Yaphank,NY 11980); and Town of Southold("the Contractor"),a New York Not-For-Profit Corporation,a Municipal Corporation, having an address at 53095 Route 25, Southold,NY 11971 The Contractor has been designated to receive funds from the County for enhanced DWI enforcement funds ("the Services") as set forth in Article I, entitled"Description of Services." Term of the Contract: January 1, 2024 through December 31, 2024; Total Cost of the Contract: Shall not exceed$19,000.00,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 SUFFOLK By: Albert J. pski,Jr. By' -64t-'r'MSD1r Kevin B. Molloy Chief Deputy Co ty ecutiv Fed. Tax ID#:I1�1-6001939 Date: q ;7(6`/�,�y- Date: i0 k�� Albert J.Krupski,Jr.,hereby certifies under penalties of Approved: perjury that I am an officer of Town of Southold,that I have Department of Probation read and I am familiar with§A5-8 of Article V of the Suffolk County Code,and that Town of Southold meets all By: / requirements to qualify for exemption thereunder. Gerard J. Cook u� Director � (p c�T Date Date [SIGNA VRE] Approved as to Form: Recommended Christopher J. Clayton County Attorney By: By: - 1 C-aerdmater C-h4 r n ` ��, Date ?iJ/Z-f Stephanie M. Suarez Assistant County Attorney Date: q d � IIIIIIIIIIIIIIIIIIII'IIIIIIIIIIIIIII II I IIII 0085809 1 of 26 pages Rev. 1130/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWI/Southold Agreement No. 001-3198-4980-AVM2-00005 List of Articles ArticleI .............................................................................................................................................................................5 Descriptionof Services..........................................................................................................................................................5 1. Conflicting Provisions .......................................................................................................................... 2. Services................................................................................................................................................. 5 3. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013..... 5 4. SuffolkSTAT......................................................................................................................................... 6 ArticleII .............................................................................................................................................................................7 Definitions .............................................................................................................................................................................7 1. Meanings of Terms...............................................................................................................................7 2. Elements of Interpretation............................... . ................................................................................... 8 ArticleIII .............................................................................................................................................................................9 GeneralTerms and Conditions............................................................................................................................................9 1. Contractor Responsibilities................................................................................................................... 9 a. Duties and Obligations.................................................................................................................... 9 b. Qualifications,Licenses, and Professional Standards..................................................................... 9 c. Notifications..................................................................................:................................................. 9 d. Documentation of Professional Standards...................................................................................... 9 e. Credentialing................................................................................................................................... 9 f. Engineering Certificate................................................................................................................... 9 2. Termination........................................................................................................................................... 9 a. Thirty Days Termination................................................................................................................. 9 b. Event of Default; Termination on Notice ..................................................................................... 10 c. Termination Notice........................................................................................................................ 10 d. Duties upon Termination............................................................................................................... 10 3. Indemnification and Defense.............................................................................................................. 10 4. Insurance.........................................................................................................................:.:................. 10 5. Independent Contractor.................................................................................................'...................... 11 6. Severability......................................................................................................................................... 11 7. Merger;No Oral Changes................................................................................................................... 11 8. Set-Off Rights..................................................................................................................................... 11 9. Non-Discrimination in Services and Employment............................................................................. 11 10.Nonsectarian Declaration.................................................................................................................... 12 11. Governing Law .................................................................................................................................... 12 12.No Waiver........................................................................................................................................... 12 13. Conflicts of Interest............................................................................................................................. 12 14. Cooperation on Claims ....................................................................................................................... 12 15. Confidentiality.................................................................................................................................... 12 16. Assignment and Subcontracting...........................................................................;.............................. 12 17. Changes to Contractor......................................................................................................................... 12 18.No Intended Third Party Beneficiaries........................................................................................... 13 19. Certification as to Relationships......................................................................................................... 13 20. Publications......................................................................................................................................... 13 21. Copyrights and Patents........................................................................................................................ 14 a. Copyrights..................................................................................................................................... 14 2 of 26 pages Rev. 1130/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWI/Southold Agreement No. 001-3198-4980-AVM1-00005 b. Patents........................................................................................................................................... 14 22. Arrears to County................................................................................................................................ 14 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction........................................................................................................................................ 14 24. Certification Regarding Lobbying...................................................................................................... 14 25. Record Retention................................................................................................................................ 14 26. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013... 14 27.Notice.................................................................................................................................................. 15 ArticleIV ...........................................................................................................................................................................16 SuffolkCounty Legislative Requirements.........................................................................................................................16 1. Contractor'sNendor's Public Disclosure Statement.......................................................................... 16 2. Living Wage Law................................................................................................................................ 16 3. Use of County Resources to Interfere with Collective Bargaining Activities .................................... 16 4. Lawful Hiring of Employees Law....................................................................................................... 16 5. Gratuities............................................................................................................................................. 17 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas............................. 17 7. Child Sexual Abuse Reporting Policy................................................................................................ 17 8. Non Responsible Bidder..................................................................................................................... 17 9. Use of Funds in Prosecution of Civil Actions Prohibited................................................................... 18 10. Youth Sports....................................................................................................................................... 18 11. Work Experience Participation........................................................................................................... 18 12. Safeguarding Personal Information of Minors.................................................................................... 18 13. Contract Agency Performance Measures and Reporting Requirements.............................................. 18 14. Suffolk County Local Laws Website Address.................................................................................... 18 ArticleV ...........................................................................................................................................................................19 GeneralFiscal Terms and Conditions.......................................................................................................................:.......19 1. General Payment Terms...................................................................................................................... 19 a. Presentation of Suffolk County Payment Voucher....................................................................... 19 b. Voucher Documentation............................................................................................................... 19 c. Payment by County....................................................................................................................... 19 d. Budget Modification...............................................................................::.................................... 19 e. Budget and/or Services Revisions................................................................................................. 19 f. Taxes.............................................................................................................................................20 g. Final Voucher................................................................................................................................20 2. Subject to Appropriation of Funds......................................................................................................20 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures.............................. 20 4. Accounting Procedures.......................................................................................................................20 5. Audit of Financial Statements............................................................................................................. 21 6. Financial Statements and Audit Requirements...................................................................................21 a. "Subrecipients"—Federally Funded Programs and Grants...........................................................21 7. Furniture, Fixtures, Equipment, Materials, Supplies..........................................................................22 a. Purchases, Rentals or Leases Requiring Prior Approval ..............................................................22 b. Purchase Practices/Proprietary Interest of County........................................................................22 c. County's Right to Take Title and Possession...............................................................................22 d. Inventory Records, Controls and Reports..................................................................................... 22 e. Protection of Property in Contractor's Custody............................................................................23 3 of 26 pages Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 n. Q STOP-DWI/Southold Agreement No. 001-3198-4980-AVM1=00005 f. Disposition of Property in Contractor's Custody..........................................................................23 8. Lease or Rental Agreements...............................................................................................................23 9. Statement of Other Contracts..............................................................................................................23 10. Miscellaneous Fiscal Terms and Conditions......................................................................................23 a. Limit of County's Obligations......................................................................................................23 b. Duplicate Payment from Other Sources........................................................................................23 c. Funding Identification...................................................................................................................23 d. Outside Funding for Non-County Funded Activities....................................................................23 e. Potential Revenue.........................................................................................................................24 f. Payments Contingent upon State/Federal Funding.......................................................................24 g. Denial of Aid.................................................................................................................................24 h. Budget...........................................................................................................................................24 i. Payment of Claims........................................................................................................................24 j. Payments Limited to Actual Net Expenditures............................................................................. 24 k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 ....................................24 1. Salaries..................................................:.......................................................................................24 in. Salary Increases.............................................................................................................................24 n. Contractor Vacancies....................................................................................................................24 o. No Limitation On Rights ..............................................................................................................25 p. Comptroller's Rules and Regulations...........................................................................................25 ArticleVI ...........................................................................................................................................................................26 Budget ...........................................................................:...............................................................................................26 4 of 26 pages Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWI/Southold Agreement No.001-3198-4980-AVM1-00005 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 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 Contractor agrees to the following: a. This is a reimbursement program. The Contractor incurs the cost of the Services and is reimbursed by the County according to the approved budget. All costs must be documented, and the reimbursement request must be in accordance with the terms and conditions of this Contract. b. Contractor agrees that all monies provided pursuant to this Contract shall be used to aid in increased enforcement (hereinafter, "DWI enforcement") of laws prohibiting driving while intoxicated by alcohol or ability impaired by one or more drugs (hereinafter collectively referred to as"DWI'or "DWI-related offenses"). These funds shall only be used to reimburse Contractor for patrol duties during overtime hours, which duties must be exclusively related to increased DWI enforcement ("DWI overtime patrols"). In addition to DWI overtime patrols, these funds may be used to train personnel involved in DWI enforcement as well as enforcement of DWI-related warrants. c. Contractor agrees that the hours of DWI overtime patrols shall include those dates and times that have historically reflected high incidences of DWI arrests as well as high incidences of automobile accidents and fatalities attributed to DWI-related offenses.When scheduling DWI overtime patrols Contractor may take into consideration seasonal traffic considerations and other activities related to increased incidences of DWI, as well as staff availability. d. The goal of these increased patrols is an increase in the number of DWI arrests and a reduction in the number of alcohol-related automobile accidents and fatalities. 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." 5 of 26 pages ARTICLE I , Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWI/Southold Agreement No.001-3198-4980-AVM1=00005 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 ("Ms"), for the prior month's data and analysis of the Contract performance measures to the Department in accordance with the submission procedures specified by the Department.KPIs,if required, shall be submitted no later than the 15'�'of each month of the Contract Term. End of Text fo-A ticle T 6 of 26 pages ARTICLE I Rev. 130/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWI/Southold Agreement No. 001-3198-4980-AVM1-00005 Article II required by the Contract with an insurer that has designated Definitions the New York Superintendent of Insurance as its lawful agent for service of process;or 1. Meanings of Terms d. the Contractor's failure to comply with any Federal, As used herein: State or local law,rule,or regulation,and County policies or directives;or "Audit of Financial Statements"means the examination by the Comptroller and any Federal or State auditing authority of e. the Contractor's bankruptcy or insolvency;or the financial statements of the Contractor resulting in the publication of an independent opinion on whether or not f. the Contractor's failure to cooperate in an Audit of those financial statements are relevant, accurate, complete, Financial Statements;or and fairly presented. g. the Contractor's falsification of records or reports, "Budget" means the Contractor's summary or plan of all misuse of funds,or malfeasance or nonfeasance in financial intended revenue, whether received in the form of fees, record keeping arising out of, or in connection with, any grants,County funding,or any other source,and expenditures contract with the County;or .necessary to render the Services. h. the Contractor's failure to submit, or failure to "Budget Deficiency Plan"means an analysis of the cost of timely submit, documentation to obtain Federal or State the Services, changes in fiscal conditions, and required funds;or modifications to the Contract to continue to render the Services. i. the inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the "Comptroller" means the Comptroller of the County of Contractor;or Suffolk. j. any condition that the County determines,in its sole "Contract"means all terms and conditions of this Contract discretion,is dangerous. forming all rights and obligations of the Contractor and the County. k. the failure to comply with Local Law 41-2013 and related contractual requirements. "Contractor"means the signatory corporation,its officers, officials, employees, agents, servants, sub-contractors, "Federal" means the United States government, its volunteers,and any successor or assign of any one or more of departments,and agencies. the foregoing performing the Services. "Fringe Benefits" means non-wage benefits which "County"means the County of Suffolk,its departments,and accompany,or are in addition to,a person's salary,such as agencies. paid insurance,sick leave,profit-sharing plans,paid holidays, and vacations. "County Attorney" means the County Attorney of the County of Suffolk. "Fund Source"means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful "Department"means the signatory department approving the obligation. Contract. "Legislature"means the Legislature of the County of Suffolk. "Engineering Services"means the definition of the practice of engineering and the definition of practice of land "Management Letter"means a letter certified as true by the surveying, as the case may be, under Section 7201 and Contractor's certified public accountant or chief financial Section 7203 of the State Education Law,respectively. officer of findings and recommendations for improvements in internal fiscal control that were identified during an Audit of "Event of Default"means Financial Statements, but which were not required to be included in an audit report. a. the Contractor's failure to perform any duty required of it under paragraphs 1(b)-(e)of Article III of the "Municipal Corporation"means a town,village,or school Contract;or district. b. the Contractor's failure to maintain the amount and "Services"means all that which the Contractor must do,and types of insurance with an authorized insurer as required by any part thereof arising out of, or in connection with, the the Contract;or Contract as described in Article I"Description of Services." C. the Contractor's failure to maintain insurance "State"means the State of New York. 7 of 26 pages ARTICLE II Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-AM/Southold Agreement No.001-3198-4980-AVM1-00005 "Statement of Other Contracts"means a complete list of all other contracts under which money has been or will be 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 II 8 of 26 pages ARTICLE II Rev. U30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-D.WI/Southold Agreement No.001-3198-4980-AVM1-00005 . Article III Contract remains to be performed, and the General Terms and Conditions termination of the license does not affect the Contractor's ability to render the Services, every 1. Contractor Responsibilities other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted a. Duties and Obligations by law. i.) It shall be the duty of the Contractor to d. Documentation of Professional Standards discharge, or cause to be discharged, all of its responsibilities,and to administer funds received in The Contractor shall maintain on file, in one location in the interest of the County in accordance with the Suffolk County, all records that demonstrate that it has provisions of the Contract. complied with sub-paragraphs(b)and(c)above. The address of the location of the aforesaid records and documents shall ii.) The Contractor shall promptly take all be provided to the County no later than the date of execution action as may be necessary to render the Services. of the Contract. Such documentation shall be kept, maintained,and available for inspection by the County upon iii.) The Contractor shall not take any action twenty-four(24)hours notice. that is inconsistent with the provisions of the Contract. e. Credentialing iv.) Services provided under this Contract i.) In the event that the Department,or any shall be open to all residents of the County. division thereof,maintains a credentialing process to qualify the Contractor to render the Services,the b. Qualifications, Licenses, and Professional Contractor shall complete the required Standards credentialing process. In the event that any State credential, registration, certification or license, The Contractor represents and warrants that it has,and shall Drug Enforcement Agency registration, or continuously possess,during the Term,the required licensing, Medicare or Medicaid certification is restricted, education,knowledge,experience,and character necessary to suspended,or temporarily or permanently revoked, qualify it to render the Services. it is the duty of the Contractor to contact the Department,or division thereof,as the case may be, The Contractor shall continuously have during the Term all in writing,no later than three(3) days after such required authorizations, certificates, certifications, restriction,suspension,or revocation. registrations,licenses,permits,and other approvals required by Federal, State, County, or local authorities necessary to ii.) The Contractor shall forward to the qualify it to render the Services. Department,or division thereof,as the case may be, on or before July 1 of each year during the Term,a C. Notifications complete list of the names and addresses of all persons providing the Services, as well as their i.) The Contractor shall immediately notify respective areas of certification, credentialing, the County, in writing, of any disciplinary registration,and licensing. proceedings, commenced or pending, with any authority relating to a license held by any person f. Engineering Certificate necessary to qualify him,her,or the Contractor to perform the Services. In the event that the Contract requires any Engineering Services,the Contractor shall submit to the County,no later ii.) In the event that a person is no longer than the due date for submission for approval of any licensed to perform the Services, the Contractor engineering work product, the Certificate of Authorization must immediately notify the County, but in no ("Certificate"),issued pursuant to § 7210 of the New York event shall such notification be later than five(5) Education Law,of every person performing any Engineering days after a license holder has lost the license Services. The failure to file, submit, or maintain the required to qualify the license holder or the Certificate shall be grounds for rejection of any engineering Contractor to perform the Services. work product submitted for approval. iii.) In the event that the Contractor is not 2• Termination able to perform the Services due to a loss of license,the Contractor shall not be reimbursed for a. Thirty Days Termination the Services rendered after the effective date of termination of such license. Without limiting the The County shall have the right to terminate the Contract generality of the foregoing, if any part of the without cause,for any reason,at any time,upon such terms 9 of 26 pages ARTICLE III Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWI/Southold Agreement No. 001-3198-4980-AVM1a=00005 and conditions it deems appropriate,provided,however,that no such termination shall be effective unless the Contractor is b. The Contractor hereby represents and warrants that given at least thirty(30)days'notice. it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect, b. Event of Default;Termination on Notice indemnify,and hold harmless the County,its agents,servants, officials,and employees from and against all liabilities,fines, i.) The County may immediately terminate penalties, actions, damages, claims, demands, judgments, the Contract, for cause, upon such terms and losses,suits or actions,costs,and expenses arising out of any conditions it deems appropriate, in the Event of claim asserted for infringement of copyright, including Default as defined in Article II. reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and ii.) If the Contractor defaults under any other employees in any action or proceeding arising out of or in provision of the Contract, the County may connection with any claim asserted for infringement of terminate the Contract, on not less than five (5) copyright. days' notice, upon such terms and conditions it deems appropriate. C. The Contractor shall defend the County,its agents, servants, officials, and employees in any proceeding or C. Termination Notice action, including appeals, arising out of, or in connection with, the Contract, and any copyright infringement Any notice providing for termination shall be delivered as proceeding or action.Alternatively,at the County's option, provided for in paragraph 27 of this Article III. the County may defend any such proceeding or action and require the Contractor to pay reasonable attorneys' fees or d. Duties upon Termination salary costs of County employees of the Department of Law for the defense of any such suit. i.) The Contractor shall discontinue the Services as directed in the termination notice. 4. Insurance ii.) Subject to any defenses available to it, a. The Contractor shall continuously maintain,during the County shall pay the Contractor for the the Term of the Contract,insurance in amounts and types as Services rendered through the date of termination. follows: iii.) The County is released from any and all i.) Commercial General Liability insurance, liability under the Contract,effective as of the date including contractual liability coverage, in an of the termination notice. amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury iv.) Upon termination, the Contractor shall and Two Million Dollars ($2,000,000.00) per reimburse the County the balance of any funds occurrence for property damage. The County shall advanced to the Contractor by the County no later be named an additional insured. than thirty (30) days after termination of the Contract. The provisions of this subparagraph shall ii.) Automobile Liability insurance (if any survive the expiration or termination of the non-owned or owned vehicles are used by the Contract. Contractor in the performance of the Contract)in an amount not less than Five Hundred Thousand V.) Nothing contained in this paragraph shall Dollars($500,000.00)per person,per accident,for be construed as a limitation on the County's rights bodily injury and not less than One Hundred set forth in paragraphs 1(c) (iii) and 8 of this Thousand Dollars ($100,000.00) for property Article III. damage per occurrence.The County shall be named an additional insured. 3. Indemnification and Defense iii.) Workers'Compensation and Employer's a. The Contractor shall protect,indemnify,and hold Liability insurance,Disability Benefits insurance, harmless the County, its agents, servants, officials, and including coverage for Paid Family Leave Benefits, employees from and against all liabilities, fines, penalties, in compliance with all applicable New York State actions,damages,claims,demands,judgments,losses,suits laws and regulations, if required by law. The or actions,costs,and expenses caused by the negligence or Contractor shall furnish to the County,prior to its any acts or omissions of the Contractor, including execution of the Contract, the documentation reimbursement of the cost of reasonable attorneys' fees required by the State of New York Workers' incurred by the County, its agents, servants, officials, and Compensation Board of coverage or exemption employees in any action or proceeding arising out of, or in from coverage pursuant to §§ 57 and 220 of the connection with,the Contract. Workers' Compensation Law.In accordance with 10 of 26 pages ARTICLE III Rev. 1130/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-D`VI/Southold Agreement No.001-3198-4980-AVM1-00005 General Municipal Law§ 108,the Contract shall construed as creating a principal-agent relationship between be void and of no effect unless the Contractor shall the County and the Contractor or the Contractor and the provide and maintain coverage during the Term for County,as the case may be. the benefit of such employees as are required to be covered by the provisions of the Workers' 6. Severability Compensation Law. It is expressly agreed that if any term or provision of this iv.) Professional Liability insurance in an Contract, or the application thereof to any person or amount not less than Two Million Dollars circumstance, shall be held invalid or unenforceable to any ($2,000,000.00) on either a per-occurrence or extent, the remainder of the Contract, or the application of claims-made coverage basis. such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable,shall not b. The County may mandate an increase in the liability be affected thereby,and every other term and provision ofthe limits set forth in the immediately preceding paragraphs Contract shall be valid and shall be enforced to the fullest (4)(a)(i),(ii),and(iv). extent permitted by law. C. All policies providing such coverage shall be issued 7. Merger;No Oral Changes by insurance companies authorized to do business in New York with an A.M.Best rating of A-or better. It is expressly agreed that the Contract represents the entire d. The Contractor shall furnish to the County,prior to agreement of the parties and that all previous understandings the execution of the Contract, declaration pages for each are herein merged in the Contract. No modification of the policy of insurance, other than a policy for commercial Contract shall be valid unless in written form and executed by general liability insurance, and upon demand, a true and both parties. certified original copy of each such policy evidencing compliance with the aforesaid insurance requirements. S• Set-Off Rights e. In the case of commercial general liability insurance The County shall have all of its common law,equitable,and the Contractor shall furnish to the County, prior to the statutory rights of set-off. These rights shall include,but not execution of the Contract, a declaration page or insuring be limited to,the County's option to withhold from a Fund agreement and endorsement page evidencing the County's Source an amount no greater than any sum due and owing to status as an additional insured on said policy, and upon the County for any reason. The County shall exercise its set- demand, a true and certified original copy of such policy off rights subject to approval by the County Attorney. In evidencing compliance with the aforesaid insurance cases of set-off pursuant to a Comptroller's audit,the County requirements. shall only exercise such right after the finalization thereof, and only after consultation with the County Attorney. f. All evidence of insurance shall provide for the County to be notified in writing thirty(30)days prior to any 9. Non-Discrimination in Services and Employment cancellation,nonrenewal,or material change in the policy to which such evidence relates. It shall be the duty of the a. The Contractor shall not, on the grounds of race, Contractor to notify the County immediately of any creed, color, national origin, sex, age, disability, sexual cancellation,nonrenewal,or material change in any insurance orientation,military status,or marital status policy. i.) deny any individual the Services g. In the event the Contractor shall fail to provide provided pursuant to the Contract;or evidence of insurance,the County may provide the insurance required in such manner as the County deems appropriate and ii.) provide the Services to an individual that deduct the cost thereof from a Fund Source. is different, or provided in a different manner, from those provided to others h. If the Contractor is a Municipal Corporation and pursuant to the Contract;or has a self-insurance program under which it acts as a self- insurer for any of such required coverage,the Contractor shall iii.) subject an individual to segregation or provide proof, acceptable to the County, of self-funded separate treatment in any matter related coverage. to the individual's receipt of the Services provided pursuant to the Contract;or 5. Independent Contractor iv.) restrict an individual in any way from The Contractor is not, and shall never be, considered an any advantage or privilege enjoyed by employee of the County for any purpose. Notwithstanding others receiving the Services provided anything contained in this Contract,the Contract shall not be pursuant to the Contract;or 11 of 26 pages ARTICLE III Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 g STOP-DWI/Southold Agreement No.001-3198-4980-AVM1200005 conduct which would cause a reasonable person to believe V.) treat an individual differently from others that he or she is likely to be engaged in acts that create a in determining whether or not the substantial conflict between its obligations under the Contract individual satisfies any eligibility or and its private interests. The Contractor is charged with the other requirements or conditions which duty to disclose to the County the existence of any such individuals must meet in order to receive adverse interests, whether existing or potential. This duty the Services provided pursuant to the shall continue as long as the Tenn.The determination as to Contract;or whether or when a conflict may potentially exist shall ultimately be made by the County Attorney after full vi.) discriminate against employees or disclosure is obtained. applicants for employment. 14. Cooperation on Claims b. The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting The Contractor and the County shall render diligently to each individuals to discrimination because of their race, creed, other, without compensation, any and all cooperation that color,national origin,sex,age,disability,sexual orientation, may be required to defend the other party,its employees and military status, or marital status, or have the effect of designated representatives, against any claim, demand or substantially impairing the Contract with respect to action that may be brought against the other party, its individuals of a particular race,creed,color,national origin, employees or designated representatives arising out of,or in sex, age, disability, sexual orientation, military status, or connection with,the Contract. marital status,in determining: i.) the Services to be provided;or 15. Confidentiality ii.) the class of individuals to whom,or the Any document of the County,or any document created by the situations in which,the Services will be Contractor and used in rendering the Services,shall remain provided;or the property of the County and shall be kept confidential in accordance with applicable laws,rules,and regulations. iii.)' the class of individuals to be afforded an opportunity to receive the Services. 16. Assignment and Subcontracting 10. Nonsectarian Declaration a. The Contractor shall not delegate its duties under the Contract,or assign,transfer,convey,subcontract,sublet, The Services performed under the Contract are secular in or otherwise dispose of the Contract,or any of its right,title nature. No funds received pursuant to the Contract shall be or interest therein, or its power to execute the Contract, or used for sectarian purposes or to further the advancement of assign all or any portion of the moneys that may be due or become due hereunder, (collectively referred to in this any religion. The Services will be available to all eligible paragraph 16 as"Assignment"),to any other person,entity or individuals regardless of religious belief or affiliation. thing without the prior written consent of the County,and any attempt to do any of the foregoing without such consent shall 11. Governing Law be void ab initio. The Contract shall be governed by, and construed in b. Such Assignment shall be subject to all of the accordance with,the laws of the State of New York,without provisions of the Contract and to any other condition the regard to conflict of laws.Venue shall be designated in the County requires. No approval of any Assignment shall be Supreme Court, Suffolk County,the United States District construed as enlarging any obligation of the County under the Court for the Eastern District of New York,or,if appropriate, terms and provisions of the Contract. No Assignment of the a court of inferior jurisdiction in Suffolk County. Contract or assumption by any person of any duty of the Contractor under the Contract shall provide for,or otherwise 12. No Waiver be construed as, releasing the Contractor from any term or provision of the Contract. It shall not be construed that any failure or forbearance of the County to enforce any provision of the Contract in any 17. Changes to Contractor particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, a. The Contractor may,from time to time,only with notwithstanding any such failure or forbearance. the County's written consent,enter into aPermitted Transfer. For purposes of the Contract,a Permitted Transfer means: 13. Conflicts of Interest i.) if the Contractor is a partnership, the The Contractor shall not,during the Term,pursue a course of withdrawal or change, whether 12 of 26 pages ARTICLE III Rev. V30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWUSouthold Agreement No. 001-3198-49807AVMI-00005 voluntary,involuntary or by operation of law, of the partners, or transfer of vi.) such other information as the County partnership interests (other than the may reasonably require. purchase of partnership interests by existing partners,by the partnership itself d. The County agrees that any request for its consent or the immediate family members by to a Permitted Transfer shall be granted,provided that the reason of gift, sale or devise), or the transfer does not violate any provision of the Contract,and dissolution of the partnership without the transferee has not been convicted of a criminal offense as immediate reconstitution thereof,and described under Article II of Chapter 189 of the Suffolk County Code. The County shall grant or deny its consent to ii.) if the Contractor is a closely held any request of a Permitted Transfer within twenty(20)days corporation (i.e. whose stock is not after delivery to the County of the Transfer Notice, in publicly held and not traded through an accordance with the provisions of Paragraph 27 of Article III exchange or over the counter): of the Contract. If the County shall not give written notice to the Contractor denying its consent to such Permitted Transfer 1. the dissolution, merger, (and setting forth the basis for such denial in reasonable consolidation or other detail)within such twenty(20)-day period,then the County reorganization of the shall be deemed to have granted its consent to such Permitted Contractor;and Transfer. 2. the sale or other transfer of e. Notwithstanding the County's consent, twenty percent(20%)or more of the shares of the Contractor i.) the terms and conditions of the Contract (other than to existing shall in no way be deemed to have been shareholders, the corporation waived or modified;and itself or the immediate family members of shareholders by ii.) such consent shall not be deemed reason of gift,sale or devise). consent to any further transfers. b. If the Contractor is a not-for-profit corporation,a 18. No Intended Third Party Beneficiaries change of twenty percent (20%) or more of its shares or members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a C. The Contractor shall notify the County in writing, beneficiary of the Contract and no third party shall have the which notice(the"Transfer Notice")shall include: right to make any claim or assert any right under the Contract. i.) the proposed effective date of the 19. Certification as to Relationships Permitted Transfer, which shall not be less than thirty(30)days nor more than The Contractor certifies under penalties of perjury that to the one hundred eighty(180)days after the best of its knowledge,other than through the funds provided date of delivery of the Transfer Notice; in the Contract and other valid agreements with the County, ii.) a summary of the material terms of the there is no known spouse,life partner,business,commercial, proposed Permitted Transfer; economic, or financial relationship with the County or its elected officials. The Contractor also certifies to the best of iii.) the name and address of the proposed its knowledge that there is no relationship within the third transferee; degree of consanguinity,between the Contractor,any of its partners, members, directors, or shareholders owning five iv.) such information reasonably required by (5%)percent or more of the Contractor,and the County. The the County, which will enable the foregoing certification shall not apply to a contractor that is a County to determine the financial municipal corporation or a government entity. responsibility, character,and reputation of the proposed transferee,nature of the 20. Publications proposed assignee/transferee's business and experience; Any book,article,report,or other publication related to the Services provided pursuant to this Contract shall contain the V.) all executed forms required pursuant to following statement in clear and legible print: Article IV of the Contract, that are required to be' submitted by the "This publication is fully or partially funded by the County of Contractor;and Suffolk." 13 of 26 pages ARTICLE III Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWI/Southold Agreement No. 001-3198-4980-AVMl'00005 termination of this Contract. 21. Copyrights and Patents 22. Arrears to County a. Copyrights Contractor warrants that, except as may otherwise be Any and all materials generated by or on behalf of the authorized by agreement, it is not in arrears to the County Contractor while performing the Services(including,without upon any debt,contract,or any other lawful obligation,and is limitation,designs,images,video,reports,analyses,manuals, not in default to the County as surety. films,tests,tutorials,and any other work product of any kind) and all intellectual property rights relating thereto ("Work 23. Lawful Hiring of Employees Law in Connection with Product')are and shall be the sole property of the County. Contracts for Construction or Future Construction The Contractor hereby assigns to the County its entire right, title and interest,if any,to all Work Product,and agrees to do In the event that the Contract is subject to the Lawful Hiring all acts and execute all documents,and to use its best efforts of Employees Law of the County of Suffolk,Suffolk County to ensure that its employees, consultants, subcontractors, Code Article II of Chapter 353,as more fully set forth in the vendors and agents do all acts a^.d execute any documents, Article entitled"Suffolk County Legislative Requirements," necessary to vest ownership in the County of any and all the Contractor shall maintain the documentation mandated to Work Product. The Contractor may not secure copyright be kept by this law on the construction site at all times. protection. The County reserves to itself,and the Contractor Employee sign-in sheets and register/log books shall be kept hereby gives to the County, and to any other person on the construction site at all times and all covered designated by the County, consent to produce, reproduce, employees, as defined in the law, shall be required to sign publish,translate,display or otherwise use the Work Product. such sign-in sheets/register/log books to indicate their This paragraph shall survive any completion,expiration or presence on the construction site during such working hours. termination of this Contract. 24. Certification Regarding Lobbying The County shall be deemed to be the author of all the Work Product. The Contractor acknowledges that all Work Product Together with this Contract and as a condition precedent to shall constitute "work made for hire" under the U.S. its execution by the County, the Contractor shall have copyright laws. To the extent that any Work Product does not executed and delivered to the County the Certification constitute a "work made for hire," the Contractor hereby Regarding Lobbying (if payment under this Contract may assigns to the County all right,title and interest,including the exceed $100,000) as required by Federal regulations, and right,title and interest to reproduce, edit, adapt,modify or shall promptly advise the County of any material change in otherwise use the Work Product, that the Contractor may any of the information reported on such Certification, and have or may hereafter acquire in the Work Product,including shall otherwise comply with,and shall assist the County in all intellectual property rights therein, in any manner or complying with, said regulations as now in effect or as medium throughout the world in perpetuity without amended during the term of this Contract. compensation. This includes,but is not limited to,the right to reproduce and distribute the Work Product in electronic or 25. Record Retention optical media,or in CD-ROM,on-line or similar format. The Contractor shall retain all accounts,books,records,and b. Patents other documents relevant to the Contract for seven(7)years after final payment is made by the County. Federal, State, If the Contractor develops, invents, designs or creates any and/or County auditors and any persons duly authorized by idea, concept, code, processes or other work or materials the County shall have full access and the right to examine any during the Term, or as a result of any Services performed of said'materials during said period. Such access is granted under the Contract("patent eligible subject matter'),it shall be the sole property of the County. The Contractor hereby notwithstanding any exemption from disclosure that maybe assigns to the County its entire right,title and interest,if any, claimed for those records which are subject to nondisclosure to all patent eligible subject matter,and agrees to do all acts agreements, trade secrets and commercial information or and execute all documents, and to use its best efforts to financial information that is privileged or confidential ensure that its employees, consultants, subcontractors, Without limiting the generality of the foregoing, records vendors and agents do all acts and execute any documents, directly related to contract expenditures shall be kept for a necessary to vest ownership in the County of any and all period'of ten(10)years because the statute of limitations for patent eligible subject matter. The Contractor may not apply the New York False Claims Act(New York False Claims Act for or secure for itself patent protection. The County reserves § 192),'is ten(10)years. to itself,and the Contractor hereby gives to the County,and to any other person designated by the County, consent to 26. Contract Agency Performance Measures and produce or otherwise use any item so discovered and/or the Reporting Requirements—Local Law No.41-2013 right to secure a patent for the discovery or invention. This paragraph shall survive any completion, expiration or a. If payment under this Contract may exceed $50,000,it is subject to the requirements of Suffolk County 14 of 26 pages ARTICLE III Rev. V30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWI/Southold Agrees►ent.No..001-3198-4980-AVM1-00005 . 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 entitled "Suffolk County Legislative Requirements." b. The Contractor shall cooperate with the Department in all aspects necessary to help carry out the requirements of the Law.Based on criteria established by the Contractor in conjunction with the Department,the Contractor shall submit monthly reports regarding the Contractor's performance relative to the established criteria, on dates and times as specified by the Department,as more fully set forth in Article I and Article IV of this Contract. C. The Contractor shall submit an annual report to the Department regarding the Contractor's performance no later than July 31 of each year of the Term.All performance data and reports will be subject to audit by the Comptroller. 27. Notice 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 15 of 26 pages ARTICLE III Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 c STOP-DWI/Southold Agreement No. 001-3198-4980-AVMl°00005 Article IV AUDIT." Suffolk County Legislative Requirements 3. Use of County Resources to Interfere with Collective NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Bargaining Activities REQUIREMENTS FORMS REFERENCED HEREIN ARE It shall be,,the duty of the Contractor to read,become familiar AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON with, and comply with the requirements of Article I of THE SIGNATURE PAGE OF THIS CONTRACT. Chapter 803 of the Suffolk County Code. 1. Contractor's/Vendor's Public Disclosure Statement County Contractors (as defined by section 803-2) shall comply with all requirements of Chapter 803 of the Suffolk It shall be the duty of the Contractor to read,become familiar County Code,including the following prohibitions: with,and comply with the requirements of section A5-8 of Article V of the Suffolk County Code. a. The Contractor shall not use County funds to assist, promote,or deter union organizing. Unless certified by an officer of the Contractor as being exempt from use requirements of sectionA5-8 of Article V of b. No County funds shall be used to reimburse the the Suffolk County Code, the Contractor represents and Contractor for any costs incurred to assist,promote,or deter warrants that it has filed with the Comptroller the verified union organizing. public disclosure statement required by Suffolk County Administrative Code Article V,section A5-8 and shall file an C. No employer shall use County property to hold a update of such statement with the Comptroller on or before meeting with employees or supervisors if the purpose of such the 31st day of January in each year of the Contract's meeting is to assist,promote,or deter union organizing. duration. The Contractor acknowledges that such filing is a material,contractual and statutory duty and that the failure to If the Services are performed on County property, the file such statement shall constitute a material breach of the Contractor must adopt a reasonable access agreement, a Contract, for which the County shall be entitled, upon a neutrality agreement, fair communication agreement, non- determination that such breach has occurred,to damages,in intimidation agreement, and a majority authorization card addition to all other legal remedies,of fifteen percent(15%) agreement. of the amount of the Contract. If the Services are for the provision of human services and are Required Form: not to be performed on County property,the Contractor must Suffolk County Form SCEX 22; entitled adopt,at the least,a neutrality agreement. "Contractor's/Vendor's Public Disclosure Statement" Under the provisions of Chapter 803,the County shall have 2. Living Wage Law the authority,under appropriate circumstances,to terminate the Contract and to seek other remedies as set forth therein, It shall be the duty of the Contractor to read,become familiar for violations of this Law. with,and comply with the requirements of Chapter 575, of the Suffolk County Code. Required Form: Suffolk County Labor Law Form DOL-LO1 (Revised This Contract is subject to the Living Wage Law of the 2/2020); entitled "Suffolk County Department of Labor, County of Suffolk. The law requires that, unless specific Licensing & Consumer Affairs — Union Organizing exemptions apply, all employers(as defined)under service Certification/Declaration-Subject to Audit." contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to 4. Lawful Hiring of Employees Law employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk It shall be the duty of the Contractor to read,become familiar County Living Wage Law of the County of Suffolk.Under with, and comply with the requirements of Article II of the provisions of the Living Wage Law,the County shall have Chapter 353 of the Suffolk County Code. the authority,under appropriate circumstances,to terminate the Contract and to seek other remedies as set forth therein, This Contract is subject to the Lawful Hiring of Employees for violations of this Law. Law of the County of Suffolk. It provides that all covered employers,(as defined),and the owners thereof,as the case Required Forms: may be,that are recipients of compensation from the County Suffolk County Living Wage Form DOL-LWl/38(Revised through any grant, loan, subsidy, funding, appropriation, 12/2021) entitled "SUFFOLK COUNTY DEPARTMENT payment, tax incentive, contract, subcontract, license OF LABOR, LICENSING & CONSUMER AFFAIRS— agreement,lease or other financial compensation agreement NOTICE OF APPLICATION FOR COUNTY issued by the County or an awarding agency, where such COMPENSATION-LIVING WAGE compensation is one hundred percent(100%)funded by the CERTIFICATION/DECLARATION-SUBJECT TO County, shall submit a completed sworn affidavit (under 16 of 26 pages ARTICLE IV Rev. 1%30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWI/Southold Agreement No. 001-3198-4980-AVM1-00005 penalty of perjury),the form of which is attached,certifying LICENSING, & CONSUMER AFFAIRS —NOTICE OF that they have complied,in good faith,with the requirements APPLICATION TO CERTIFY COMPLIANCE WITH of Title 8 of the United States Code Section 1324a with FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH respect to the hiring of covered employees(as defined)and RESPECT TO LAWFUL HIRING OF EMPLOYEES, with respect to the alien and nationality status of the owners Suffolk County Code,Chapter 353(2006)"DOL-LHE 1/2 thereof. The affidavit shall be executed by an authorized (REVISED 8/2017). representative of the covered employer or owner,as the case 5. Gratuities may be;shall be part of any executed contract,subcontract, license agreement, lease or other financial compensation It shall be the duty of the Contractor to read,become familiar agreement with the County; and shall be made available to with,and comply with the requirements of Chapter 664 ofthe the public upon request. Suffolk County Code. All contractors and subcontractors (as defined) of covered The Contractor represents and warrants that it has not offered employers,and the owners thereof,as the case may be,that or given any gratuity to any official,employee or agent of the are assigned to perform work in connection with a County County or the State or of any political party,with the purpose contract, subcontract, license agreement, lease or other or intent of securing an agreement or securing favorable financial compensation agreement issued by the County or treatment with respect to the awarding or amending of an awarding agency,where such compensation is one hundred agreement or the making of any determinations with respect percent(100/o)funded by the County, shall submit to the to the performance of an agreement. covered employer a completed sworn affidavit(under penalty of perjury),the form of which is attached,certifying that they 6. Prohibition Against Contracting with Corporations have complied,in good faith,with the requirements of Title 8 that Reincorporate Overseas of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and It shall be the duty of the Contractor to read,become familiar nationality status of the owners thereof,as the case may be. with, and comply with the requirements of sections A4-13 The affidavit shall be executed by an authorized and A4-14 of Article IV of the Suffolk County Code. representative of the contractor,subcontractor,or owner,as the case may be; shall be part of any executed contract, The Contractor represents that it is in compliance with subcontract, license agreement, lease or other financial sections A4-13 and A4-14 of Article IV of the Suffolk compensation agreement between the covered employer and County Code. Such law provides that no contract for the County;and shall be made available to the public upon consulting services or goods and services shall be awarded by request. the County to a business previously incorporated within the U.S.A.that has reincorporated outside the U.S.A. An updated affidavit shall be submitted by each such employer,owner,contractor and subcontractor no later than January 1 of each year for the duration of any contract and 7. Child Sexual Abuse Reporting Policy upon the renewal or amendment of the Contract, and whenever a new contractor or subcontractor is hired under the It shall be the duty of the Contractor to read,become familiar terms of the Contract. with, and comply with the requirements of Article II of Chapter 880 of the Suffolk County Code. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any The Contractor shall comply with Article II of Chapter 880, such statement shall constitute a material breach of the of the Suffolk County Code, entitled"Child Sexual Abuse Contract. Reporting Policy,"as now in effect or amended hereafter or of any other Suffolk County Local Law that may become Under the provisions of the Lawful Hiring of Employees applicable during the term of the Contract with regard to Law, the County shall have the authority to terminate the child sexual abuse reporting policy. Contract for violations of this Law and to seek other remedies available under the law. 8. Non Responsible Bidder The documentation mandated to be kept by this law shall at It shall be the duty of the Contractor to read,become familiar all times be kept on site. Employee sign-in sheets and with, and comply with the requirements of Article II of register/log books shall be kept on site at all times during Chapter 189 of the Suffolk County Code. working hours and all covered employees,as defined in the law,shall be required to sign such sign-in sheets/register/log Upon signing the Contract,the Contractor certifies that it has books to indicate their presence on the site during such not been convicted of a criminal offense within the last ten working hours. (10)years. The term"conviction"shall mean a finding of guilty after a trial or a plea of guilty to an offense covered Required Forms: under section 189-5 of the Suffolk County Code under "SUFFOLK COUNTY DEPARTMENT OF LABOR, "Nonresponsible Bidder." 17 of 26 pages ARTICLE IV Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWI/Southold Agreement No. 001-3198-4980-AVMI-0,0,005 9. Use of Funds in Prosecution of Civil Actions 13. Contract Agency Performance Measures and Prohibited Reporting Requirements It shall be the duty of the Contractor to read,become familiar It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Article III of with, and comply with the requirements of Suffolk County Chapter 893 of the Suffolk County Code. Local Law No. 41-2013, a Charter Law to Implement Performance Measurement to Increase Accountability and The Contractor shall not use any of the moneys,in part or in Enhance Service Delivery by Contract Agencies(Article VIII whole, and either directly or indirectly,received under the of Chapter 189 of the Suffolk County Code)as more fully set Contract in connection with the prosecution of any civil forth in Article I and Article III of this Contract. action against the County in any jurisdiction or any judicial or administrative forum. All contract agencies having a contract in excess of$50,000 shall cooperate with the contract's administering department 10. Youth Sports to identify the key performance measures related to the objectives of the services that the contract agency provides It shall be the duty of the Contractor to read,become familiar and shall develop an annual performance reporting plan.The with,'and comply with Article III of Chapter 730 of the contract agency shall cooperate with the administering Suffolk County Code. department and the County Executive's Performance Management Team to establish appropriate performance All contract agencies that conduct youth sports programs are indicators and targets for monthly evaluation of the contract required to develop and maintain a written plan or policy agency's performance. addressing incidents of possible or actual concussion or other head injuries among sports program participants.Such plan or 14. Suffolk County Local Laws Website Address policy must be submitted prior to the award of a County contract,grant or funding. Receipt of such plan or policy by Suffolk County Local Laws,Rules and Regulations can be the County does not represent approval or endorsement of accessed on the homepage of the Suffolk County Legislature. any such plan or policy,nor shall the County be subject to any liability in connection with any such plan or policy. 15. Suffolk County Code of Ethics 11. Work Experience Participation As required by Suffolk County Standard Operating Procedure If the Contractor is a not-for-profit or governmental agency or A-06, the following is a link to the Suffolk County Ethics institution,each of the Contractor's locations in the County at Booklet,which contains the provisions of the Suffolk County which the Services are provided shall be a work site for Code of Ethics: — public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during https://suffolkeountyny.gov/Portals/0/formsdocs/Boardofethics/2 the Term of the Contract. If no Memorandum of %2024%20BLUE%20BOOK%20UPDATED.pdf Understanding("MOU")with the Suffolk County Department - - - of Labor for work experience is in effect at the beginning of 16. Notification of Cyber Security Breach the Term of the Contract,the Contractor, if it is a not-for- profit or governmental agency or institution,shall enter into such MOU as soon as possible after the execution of the It shall be the duty of the Contractor to read,become familiar Contract and failure to enter into or to perform in accordance with,and comply with the requirements of section A5-22 of with such MOU shall be deemed to be a failure to perform in Article V of the Suffolk County Administrative Code. accordance with the Contract, for which the County may The Contractor(as defined in section A5-22)certifies that it withhold payment, terminate the Contract or exercise such has policies and procedures in place for the effective other remedies as may be appropriate in the circumstances. management of any cyber security breach, event or attack. The Contractor shall, within 48 hours, notify the Chief 12. Safeguarding Personal Information of Minors Information Security Officer ("CISO") at the Office of Information Technology located at William J. Lindsay It shall be the duty of the Contractor to read,become familiar County Complex - Building 50, 725 Veterans Memorial with, and comply with the requirements of Suffolk County Highway,Hauppauge,New York 11788 and the Department Local Law No. 20-2013, a Local Law to Safeguard the named on the signature page of this Contract, of any cyber Personal Information of Minors in Suffolk County. breach,event or attack,as defined in section A5-22 of Article All contract agencies that provide services to minors are 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 breach,event or attack,shall provide a written report of the prohibited from selling or otherwise providing to any third findings of the completed investigation to the CISO. party,in any manner whatsoever,the personal or identifying information of any minor participating in their programs. End of Text for Article IV 18 of 26 pages ARTICLE IV Rev. 1130/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-D'WI/Southold Agreement No. 001-3198-4980-AVM1-00005 Article V any further County contracts. General Fiscal Terms and Conditions C. Payment by County 1. General Payment Terms Payment by the County shall be made within thirty(30)days a. Presentation of Suffolk County Payment after approval of the Suffolk County Payment Voucher by the Voucher Comptroller. In order for payment to be made by the County to the d. Budget Modification Contractor for the Services,the Contractor shall prepare and present a Suffolk County Payment Voucher,which shall be i•) The parties shall use the Contract Budget documented by sufficient,competent and evidential matter. Modification Request form ("Budget Each Suffolk County Payment Voucher submitted for Modification") for revisions to the payment is subject to Audit at any time during the Term or Budget and Services not involving an any extension thereof. This provision shall survive expiration increase to the total cost of the Contract. or termination of this Contract for a period of not less than If the Contractor is seeking such a seven(7)years,and access to records shall be as set forth in modification, the Contractor shall paragraph 25 of Article III,and paragraph 4(b)of 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 Contractor The Suffolk County Payment Voucher shall list all shall sign the Budget Modification form information regarding the Services and other items for which and return it to the County for execution expenditures have been or will be made in accordance with along with any other documentation the the Contract. Either upon execution of the Contract(for the Department may require. Services already rendered and expenditures already made),or not more than thirty(30) days after the expenditures were ii.) Such request must be made advance of made,and in no event after the 315L day of January following incurring any expenditure for which the the end of each year of the Contract, the Contractor shall revision is needed. furnish the County with detailed documentation in support of the payment for the Services or expenditures under the iii.) Upon complete execution of the Budget Contract, e.g., dates of the Service, worksite locations, Modification form, the County shall activities, hours worked, pay rates and all program Budget return a copy to the Contractor. The categories. The Suffolk County Payment Voucher shall revision shall not be effective until the include time records,certified by the Contractor as true and Budget Modification is completely accurate,of all personnel for whom expenditures are claimed executed. during the period. Time and attendance records of a Contractor's Director/Executive Director shall be certified by iv.) The Budget Modification form may be the Chairperson,President or other designated member of the submitted only twice per calendar year Board of Directors of the Contractor and shall be maintained and may only be submitted prior to by the Contractor for audit. All Suffolk County Payment November 151'•of that year. Vouchers must bear a signature as that term is defined pursuant to New York State General Construction Law§46 e. Budget and/or Services Revisions by duly authorized persons, and certification of such authorization with certified specimen signatures thereon must i.) The parties shall use the Contract be filed with the County by a Contractor official empowered Budget/Services Revision Approval to sign the Contract. Form (Budget/Services Revisions) for revisions to the Budget and Services Disbursements made by the Contractor in accordance with the involving any change to the total cost of Contract and submitted for reimbursement must be the Contract due to a resolution of the documented and must comply with accounting procedures as Legislature, changes to the County's set forth by the Suffolk County Department of Audit and adopted annual budget,or for any other Control. Documentation, including any other form(s) reason necessitating revisions to the required by County or the Suffolk County Department of Budget or Services. Audit and Control,shall be furnished to the County pursuant ii.) When the County and the Contractor to, and as limited by, the Regulations for Accounting agree as to such revisions, the Procedures for Contract Agencies of the Suffolk County Department will enter the information Department of Audit and Control. In addition to any other into the Budget/Services Revisions Form remedies that the County may have, failure to supply the and send it to the Contractor for required documentation will disqualify the Contractor from signature.The Contractor shall return it 19 of 26 pages ARTICLE V Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-nWT/Souithold Agreement No. 001-31984980-AVM1 60005 to the County for execution along with 3. Personnel Salaries, Pension and Employee Benefit any other documentation the Department Plans,Rules and Procedures may require. a. Upon request, the Contractor shall submit to the iii.) Upon complete execution of the form by County a current copy,certified by the Contractor as true and the parties, the County shall return a accurate,of its copy to the Contractor. The revision shall not be effective until the i.) salary scale for all positions listed in the Budget/Services Revisions Form is Budget; completely executed. ii.) personnel rules and procedures; f. Taxes iii.) pension plan and any other employee The charges payable to the Contractor under the Contract are benefit plans or arrangements. exclusive of federal,state,and local taxes,the County being a municipality exempt from payment of such taxes. b. The Contractor shall not be entitled to Final Voucher reimbursement for costs under any pension or benefit plan the g' Comptroller deems commercially unreasonable. The acceptance by the Contractor of payment of all billings C. Notwithstanding anything in this paragraph 3 of made on the final approved Suffolk County Payment Voucher shall operate as and shall be a release of the County from all this Article V,the County shall not be limited in requesting such additional claims by the Contractor through the date of the Voucher. financial information it deems reasonable. 2. Subject to Appropriation of Funds 4. Accounting Procedures a. The Contract is subject to the amount of funds a. The Contractor shall maintain accounts, books, appropriated each fiscal year and any subsequent records, documents, other evidence, and accounting modifications thereof by the County Legislature, and no procedures and practices which sufficiently and properly liability shall be incurred by the County beyond the amount of reflect all direct and indirect costs of any nature funds appropriated each fiscal year by the County Legislature expended in the performance of the Contract, in for the Services. accordance with generally accepted accounting principles and with rules, regulations and financial b. If the County fails to receive Federal or State funds directives,as may be promulgated by the Suffolk County originally intended to pay for the Services,or to reimburse the Department of Audit and Control and the Department. County, in whole or in part, for payments made for the The Contractor shall permit inspection and audit of such Services,the County shall have the sole and exclusive right accounts,books,records,documents and other evidence to: by the Department and the Suffolk County Comptroller, or their representatives,as often as, in their judgment, i.) determine how to pay for the Services; such inspection is deemed necessary. Such right of inspection and audit as set forth in subparagraph b. ii.) determine future payments to the below shall exist during the Term and for a period of Contractor;and seven (7) years after expiration or termination of the Contract. iii.) determine what amounts, if any, are reimbursable to the County by the b. The Contractor shall retain all accounts, books, Contractor and the terms and conditions records, and other documents relevant to the Contract under which such reimbursement shall for seven(7)years after final payment is made by the be paid. County. Federal,State,and/or County auditors and any persons duly authorized by the County shall have full C. The County may,during the Term,impose a Budget access and the right to examine any of said materials Deficiency Plan. In the event that a Budget Deficiency Plan during said period. Such access is granted is imposed,the County shall promptly notify the Contractor in notwithstanding any exemption from disclosure that may writing of the terms and conditions thereof,which shall be be claimed for those records which are subject to deemed incorporated in and made a part of the Contract,and nondisclosure agreements,trade secrets and commercial the Contractor shall implement those terms and conditions in information or financial information that is privileged or no less than fourteen(14)days. confidential. C. The Contractor shall utilize the accrual basis of accounting and will submit all financial reports and claims based on this method of accounting during the 20 of 26 pages ARTICLE V Rev. 1130/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-D.WI/Southold AgreementNo.. 001-3198-4980-AVM1-00005 Term. Education Department; ii.)sufficient auditing experience in the not-for- 5. Audit of Financial Statements profit,governmental or profit-making areas, as applicable;and a. All payments made under the Contract are subject iii.)a satisfactory peer review issued within not more to audit by the Comptroller pursuant to Article V of the than three(3)years prior to the date when the Auditor was selected to conduct the Suffolk County Charter. The Contractor further agrees that the Comptroller and the Department shall have access to and audit. the right to examine, audit, excerpt, copy or transcribe any pertinent transactions or other records relating to services C. The audit must be conducted in accordance with under the Contract. If such an audit discloses overpayments generally accepted governmental auditing standards. by the County to the Contractor,within thirty(30)days after Financial statements must clearly differentiate between the issuance of an official audit report by the Comptroller or County-funded programs and other programs that the his duly designated representatives,the Contractor shall repay Contractor may be operating. The use of subsidiary the amount of such overpayment by check to the order of the schedules should be encouraged for this purpose. The Suffolk County Comptroller or shall submit a proposed plan Auditor must also prepare a Management Letter based of repayment to the Comptroller. If there is no response,or if on the audit. satisfactory repayments are not made,the County may recoup a. "Subrecipients"—Federally Funded Programs overpayments from any amounts due or becoming due to the and Grants Contractor from the County under the Contract or otherwise. b. The provisions of this paragraph shall survive the i•) In the event the Contractor is a expiration or termination of the Contract for a period of seven "Subrecipient"as that term is defined in 2 (7) years, and access to records shall be as set forth in CFR§ 200.93 and the Contractor expendsseven hundred fifty thousand($750,000.00) paragraph 25 of Article III,and paragraph 4(b)of Article V. dollars or more of Federal moneys,whether as a recipient expending awards received 6. Financial Statements and Audit Requirements directly from Federal awarding agencies or as a Contractor expending Federal awards a. Notwithstanding any other reporting or certification received from a pass-through entity such as requirements of Federal, State,or local authorities,the New York State and/or Suffolk County, Contractor shall obtain the services of an independent during any fiscal year within which it licensed public accountant or certified public accountant receives funding under the Contract, the (the"Auditor")to audit its financial statements for each audit referred to under this paragraph 6 must Contractor's"fiscal year"in which the Contractor has be conducted and any the audit report must received, or will receive, three hundred thousand be in accordance with OMB Uniform Grant ($300,000.00)dollars or more from the County,whether Guidance—2 CFR Part 200("Single Audit under the Contract or other agreements with the County, Report"). Single Audit Reports must also be and shall submit a report to the County on the overall uploaded to the Federal Audit financial condition and operations of the Contractor, Clearinghouse,to the extent required by the including a balance sheet and statement of income and OMB Uniform Grant Guidance referred to expenses,attested by the Auditor as fairly and accurately above. In addition,the Single Audit Report, reflecting the accounting records of the Contractor in respective financial statements and any accordance with generally accepted accounting Management Letters must be submitted to principles. The audited financial statements including the Department set forth on page one of this respective Management Letters must be emailed to the Contract and emailed to the Executive Executive Director of Auditing Services at Director of Auditing Services at AuditsCasuffolkcountvny.eov within thirty (30) days subrecinientmonitoring_asuffolkcountynv.� after completion of the audit,but in no event later than ov within thirty(30)days after completion nine(9)months after the end of the Contractor's fiscal of the audit,but in no event later than nine year, to which the audit relates. The Contractor may (9)months after the end of the Contractor's solicit requests for proposals from a number of qualified fiscal year,to which the audit relates. accounting firms and review carefully the costs of,and qualifications for,this type of work before selecting the ii.) In the event the Contractor is a Auditor. "Subrecipient"as that term is defined in 2 CFR§200.93 and the Contractor expends b. The Auditor should be required to meet the less than seven hundred fifty thousand following minimum requirements: ($750,000.00) dollars of Federal moneys, whether as a recipient expending awards i.)a current license issued by the New York State received directly from Federal awarding 21 of 26 pages ARTICLE V Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-DWI/Southold Agreement No. 001-3198-4980-AVM1-60005 agencies or as a Contractor expending new or like new unless specifically described otherwise in tie Federal awards received from a pass- Budget. through entity such as New York State and/or Suffolk County, during any fiscal b. Purchase Practices/Proprietary Interest of year the Contractor must email a certified County Exemption Letter,the form of which shall be provided by the Department, on the i.) The Contractor shall follow the general Contractor's Letterhead and a Schedule of practices that are designed to obtain Federal Funds Expended to the respective furniture,fixtures,equipment,materials, County Department and the Executive or supplies at the most reasonable price Director of Auditing Services at or cost possible. subrecipientmonitoring@a.suffolkcountnny. ov within thirty(30)days of the end of the ii.) The County reserves the right to Contractor's fiscal year. The Schedule of purchase or obtain furniture, fixtures, Federal Funds Expended must include all equipment,materials,or supplies for the Federal funding received directly from the Contractor in accordance with the Federal government and all Federal funds programmatic needs of the Contract. If passed through from the County and other the County exercises this right, the pass-through entities. amount budgeted for the items so purchased or obtained by the County for iii.) Subrecipients may include, but not the Contractor shall not be available to necessarily be limited to, not-for-profit the Contractor for any purpose organizations;units of state government or whatsoever. Title to any such items a unit of local governments. purchased or otherwise obtained by the County for the programs encompassed a. Copies of any other audit reports including oversight agency by the Contract and entrusted to the audits must be submitted to the Department set forth on page Contractor,shall remain in the County. one of this Contract and emailed to the Executive Director of Auditing Services at Audits@suffolkeoiLnMy.gov within iii.) The County shall retain a proprietary thirty(30)days after completion of the audit(s). interest in all furniture, removable fixtures, equipment, materials, and b. The requirements set forth in this paragraph 6 shall not supplies purchased or obtained by the preclude the authorized representatives of the County, the Contractor and paid for or reimbursed to Comptroller,or Federal or State entities from conducting any the Contractor pursuant to the terms of other duly authorized audit(s) of records and financial the Contract or any prior agreement statements of the Contractor. The Contractor shall make such between the parties. records and financial statements available to authorized representatives of Federal,State and County government for iv.) The Contractor shall attach labels that purpose. indicating the County's proprietary interest or title in all such property. c. 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 expiratibn 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 the Prior to placing any order to purchase, rent or lease any Contractor to satisfy any judgment against it within thirty(30) furniture, fixtures, or equipment valued in excess of one days of filing of the judgment,the County shall have the right thousand dollars ($1,000.00) per unit for which the to take title to and possession of all furniture, removable Contractor will seek reimbursement from the County, the fixtures, equipment, materials, and supplies and the same Contractor shall submit to the County a written request for shall thereupon become the property of the County without approval to make such a proposed purchase,rental or lease, any claim for reimbursement on the part of the Contractor. with a list showing the quantity and description of each item, its intended location and use,estimated unit price or cost,and d. Inventory Records,Controls and Reports estimated total cost of the proposed order. Written approval of the County shall be required before the Contractor may The Contractor shall maintain proper and accurate inventory proceed with such proposed purchase, rental or lease of records and controls for all such furniture,removable fixtures furniture,fixtures or equipment. All items purchased must be 22 of 26 pages ARTICLE V Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-aWI/Southold , Agreement No. 001-3198-4980-AVM1-00005 • and equipment acquired pursuant to the Contract and all prior prior to the execution thereof, submit such lease or rental agreements between the parties, if any. Three (3) months agreement,to the County for approval. before the expiration date of the Contract,the Contractor shall make a physical count of all items of furniture, removable 9. Statement of Other Contracts fixtures and equipment in its custody, checking each item against the aforesaid inventory records. A report setting forth Prior to the execution of the Contract,the Contractor shall the results of such physical count shall be prepared by the submit a Statement of Other Contracts to the County. If the Contractor on a form or forms designated by the County, Contract is amended during the Term, or if the County certified and signed by an authorized official of the exercises its option right,the Contractor shall submit a then Contractor,and one(1)copy thereof shall be delivered to the current Statement of Other Contracts. County within five(5)days after the date set for the aforesaid physical count. Within five(5)days after the termination or expiration date of the Contract,the Contractor shall submit to 10. Miscellaneous Fiscal Terms and Conditions the County six(6)copies of the same report updated to such date of the Contract, certified and signed by an authorized a. Limit of County's Obligations official of the Contractor, based on a physical count of all items of furniture,removable fixtures and equipment on the The maximum amount to be paid by the County is set forth on aforesaid expiration date,and revised,if necessary,to include the first page of the Contract. any inventory changes during the last three(3)months of the Term. P Y b. Duplicate Pa ment from Other Sources e. Protection of Property in Contractor's Custody Payment by the County for the Services shall not duplicate payment received by the Contractor from any other source. The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, fixtures, C. Funding Identification equipment,material or supplies in its custody against damage or loss by fire,burglary,theft,disappearance,vandalism,or The Contractor shall promptly submit to the County upon request misuse. In the event of burglary, theft, vandalism, or t, a schedule for all programs funded by the County, disappearance of any item of furniture,fixtures,equipment, itemizing for each such program the sums received, their material or supplies,the Contractor shall immediately notify source and the total program budget. the police and make a record thereof,including a record of the results of any investigation which may be made thereon. In d. Outside Funding for Non-County Funded the event of loss of or damage to any item of furniture, Activities fixtures,equipment,materials,or supplies from any cause,the Notwithstanding the foregoing provisions ofthe Contract,it is Contractor shall immediately send the County a detailed the County intent of the C that the terms and conditions of the written report thereon. �' Contract shall not limit the Contractor from applying for and f. Disposition of Property in Contractor's Custody accepting outside grant awards or from providing additional educational activities/services which may result in the Upon termination of the County's funding of any of the Contractor incurring additional costs,as long as the following Services covered by the Contract,or at any other time that the conditions are met: County may direct,the Contractor shall make access available and render all necessary assistance for physical removal by i.) The County is not the Fund Source for the County or its designee of any or all furniture,removable the additional services; fixtures,equipment,materials or supplies in the Contractor's ii.) Sufficient funding is available for or can custody in which the County has a proprietary interest,in the be generated by the Contractor to cover same condition as such property was received by the the cost incurred by the Contractor to 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 additional costs incurred by the S. Lease or Rental Agreements Contractor in furnishing such additional If lease payments or rental costs are included in the Budget as services. 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 23 of 26 pages ARTICLE V Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 p, STOP-DWI/Southold Agreement No. 001-3198-4980-AVM1-00005 documentation requested by the Department reflecting the change, and i. Payment of Claims identify the additional services to be provided and the source of funding that Upon receipt of a Suffolk County Payment Voucher, the shall be utilized to cover the County,at its discretion,may pay the Contractor during the expenditures incurred by the Contractor Term,in advance,an amount not to exceed one sixth(1/6)of in undertaking the additional services. the maximum amount to be paid by the County set forth on the first page of the Contract. e. Potential Revenue j. Payments Limited to Actual Net Expenditures The Contractor shall actively seek and take reasonable steps to secure all potential funding from grants and contracts with The Contractor agrees that if,for any reason whatsoever,the other agencies for programs funded by the County: Contractor shall spend during the Term for the purposes set forth in the Contract an amount less than,or receive amounts f. Payments Contingent upon State/Federal more than, provided in the Budget, the total cost of the Funding Contract shall be reduced to the feet amount of actual Contractor expenditures made for such purposes. The total Payments under the Contract may be subject to and amount to be paid by the County shall not exceed the lesser of contingent upon continued funding by State and/or Federal (i)actual net expenditures or(ii)the total cost of the Contract agencies. In the event payments are subject to such funding on the cover page and in the Budget. Upon termination or no payment shall be made until the Contractor submits expiration of the Contract,if the Contractor's total amount of documentation in the manner and form as shall be required by allowable expenses is less than the total amount of the State and/or Federal agency. If late submission of claims payments made during the Term,the Contractor shall prepare precludes the County from claiming State or Federal a check payable to the Suffolk County Comptroller for the reimbursement, such late claims by the Contractor shall not difference between the two amounts and submit such payment be paid by the County subject to subparagraph g.below,if, to the County,along with the final Suffolk County Payment for any reason,the full amount of such funding is not made Voucher. available to the County,the Contract may be terminated in whole or in part,or the amount payable to the Contractor may k. Travel, Conference, and Meeting Attendance: be,reduced at the discretion of the County,provided that any SOP A-07 Amendment I such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or Reimbursement to the Contractor for travel costs shall not reduction,and provided that money has been appropriated for exceed amounts allowed to County employees. All payment of such costs. conferences that are partially or fully funded by the County that the Contractor's staff wishes to attend must be pre- g. Denial of Aid approved, in writing, by the County and must be in compliance with Suffolk County Standard Operating If a State or Federal government agency is funding the Procedure A-07 which may be viewed online at the County's Contract and fails to approve aid in reimbursement to the website, SuffolkCountyny.gov; go to "Government," then County for payments made hereunder by the County to the "Comptroller,"then"Consultant's Agreements." Contractor for expenditures made during the Term because of any act,omission or negligence on the part of the Contractor, 1. Salaries then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement The Contractor shall not be eligible to receive any salary denied by the state or federal government agency, and the reimbursement until proof of deposit or payment of all County's obligation to the Contractor shall be reduced by any withholding and payroll taxes to the Federal/State such amounts. In such an event,if there should be a balance governments has been provided to the County. due to the County after it has made a final payment to the Contractor under the Contract,on demand by the County,the In. Salary Increases Contractor shall reimburse the County for the amount of the balance due the County, payable to the Suffolk County No salary,wage,or other compensation for the Services shall Comptroller. The provisions of this subparagraph shall be increased over the amount stated in the Budget without the survive the expiration or termination of the Contract. prior written approval of the County. h. Budget n. Contractor Vacancies The Contractor expressly represents and agrees that the The County shall have the right of prior approval of the Budget lists all revenue,expenditures,personnel,personnel Contractor's filling of any vacant position as of the date of costs and/or all other relevant costs necessary to provide the execution of the Contract or as may thereafter become vacant, Services. and,in the exercise of that right.The County may promulgate 24 of 26 pages ARTICLE V Rev. 11,130/2024; Law No.24-PR-031 SC PRO 00000015039 STOP-D,WI/Southold Agreement No. 001-3198-49,807AVM1-00005 • reasonable regulations involving filling of vacancies which shall be deemed to be incorporated by reference in, and be made part of,the Contract,provided,however,that subject to the availability of funding, approval for the hiring of replacement clerical shall be a Contractor determination. o. No Limitation On Rights Notwithstanding anything in this Article V to the contrary, the County shall have available to it all rights and remedies under the Contract and at law and equity. P. Comptroller's Rules and Regulations The Contractor shall comply with the"Comptroller's Rules and Regulations for 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 25 of 26 pages ARTICLE V Rev. 1/30/2024; Law No.24-PR-031 SC PRO 00000015039 ; STOP-DWI/Suaxth,ala1 Agreement No.001-3198.14980-AVM1-00905 Article VI Budget The monies provided under this Contract must be used by the Contractor to aid the suppression of DWI. The Contractor shall schedule and pay police officers employed by the Contractor to perform patrol duties on an overtime basis, that are exclusively related to identifying and arresting motorists engaged in DWI. These patrols should result in an increased number of arrests for DWI and a reduction of alcohol-related crashes and fatalities. Funds may also be used to pay for training related to such patrols and for warrant enforcement. The hours of enforcement shall include times and days which have historically reflected high incidences of DWI and crashes and fatalities.caused by motorists engaged in DWI. Scheduling may be organized due to seasonal traffic considerations and other activities related to incidences of DWi and may be dependent upon staff availability. For the term of the Contract, the Contractor will receive funding in the amount of$19,000.00. The Contractor shall expend said funding to cover the overtime and fringe benefits earned by police officers employed by the Contractor while performing the Services set forth above, as follows: Overtime: $19,000.00 Total of Personnel Services: $19,000.00 Other Services 0.00 Total of All Services: $19,000.00 The Contractor will not be reimbursed for any costs not listed in the budget set forth above, including but not limited to those costs related to administraffon; staff support, and related operational equipment. End of Text for Article VI 26 of 26 pages ARTICLE VI Suffolk County Department of Probation P.O. Box 188 Yaphank, NY 11980 Town of Southold 53095 Route 25 Southold, NY 11971 . l��4�Iil} :�:`�`E:'�sl�pi�i,�}i•iii�l�i3t��i'�jitt��l]i3' �