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Home My WebLink AboutYouth Services ProgramSouthold Town Board - Letter Board Meeting of~l, 2009 RESOLUTION 2009-318 ADOPTED Item # 5.13 DOC. ID: 4929 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-318 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 21, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and the County of Suffolk in connection with the 2009 Youth Services Program, in an amount not to exceed $10,585, commencing on January 1, 2009 through December 31, 2009, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William Ru]and, Councilman AYES: Rulancl. Orlando, Krupski Jr., Wickham, Evans, Russell Generated April 22, 2009 Page 22 PATRICIA A. F1NNEGAN TOWN ATTORNEY patricia.finnegan@t own.southald.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM APT 3~ 2009 To: Jim McMahon F rom: Lynne Krauza $ .,: -- .- 5.:. -.,~. Secretary to the Town Attorney April 29, 2009 2009 Youth Services Program Agreement Date: Subject: Pursuant to your instructions, I am enclosing four counterparts of the Contract between the Town of Southold and the County of Suffolk, all of which have been signed by Supervisor Russell, in connection with the referenCed matter. I am also enclosing two Union Organizing Certifications, both of which have been executed by Supervisor Russell as well. Kindly provide our office with a fully executed original Contract as soon as it is available. If you have any questions, please feel free to call me. Thank you for your attention. /Ik Enclosures / cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) .~ev. 3-24-2009; Law No. 09 IFMS No. SCSEXEC09000002839 YO2 - Implementing .agency; Youth Bureau Development Delinquency Preventions Programs 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 Youth Bureau ("the Department"), located at H. Lee Dennison Building-3rd Floor, 100 Veterans Memorial Highway, Hauppauge, New York (Mailing Address: P.O. Box 6100 Hauppauge, New York 11788-0099), and the Town of Southold ("the Contractor"), a New York municipal corporation, having its principal place of business at Southold Town Hall, Main Street, Southold, New York 11971 and Family Service League (Implementing Agency), not- for-profit corporation, having its principal place of business at 790 Park Avenue, Huntington, New York 11743. The parties hereto desire to make various delinquent prevention programs available to the County through the Contractor and its Implementing Agency as listed in the attached Article VI, entitled "Description of Services." Term of Agreement: January 1, 2009 through December 31, 2009. State Aid Percentage: 0% Percentage of Advance: 0% Total Cost of Agreement: Shall not exceed $10,585, as set forth in Article VI, attached. 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 Southo~ Title ,~c-~C2~ c,' ~x ~. Fed. TaxlD# [t-~[~3~ Date ~ - ~ b'-~ ED c~ ~o'7'~' r~- I~ ~ ~ hereby certifies under penalties of perjury that I am an officer of ~ ~,d o~- ~o o77.1~ tdthat I have read and I am familiar with §A5-7 of Article V of the Suffolk County Code, andthat -F'(3cO~ Ota ~c~oo77~{ meets all requkement~ to qualify for exemption thereunder // Y02 County of Suffolk Title: Deputy County Executive Date: · I J Approv~ ~ ~ Depa~me~ ~0~/ By: / Y ~ g' ~e ~ ~uis ~. Medin~ M.S.W. ] Executive Director ( Date I of 38 pages 0003125 Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO9000002839 YO2 -~Implement ng Agency; Youth Bureau Development Delinquency Prevention Programs By: ~ Title V,e, Federal T~ Date ~ ~, ~ 5 hereby ce~fies ~der~fies of p~j~ t~t I am an of ~ ~c~ ~ .~ ,~tI~veread~d I m fa~i~ wi~ {A5-7 of ~cle V of~e Suffolk Co~W Code,~t ~,}~q~]~ ~q~ ~eUall reqarem~ to~if~ for exertion ~er~der. Approved as to Legality: Christine Malafi, County Attorney Patricia M. Assistant Colmt'y"~tto~ey/ _ Date l I YO2 2 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs List of Articles Page # Article I ............................................................................................................................................................... 6 Definitions .............................................................................................................................................................. 6 1. Meanings of Terms ................................................................................................................................ 6 2. Elements of Interpretation ..................................................................................................................... 8 Article II ............................................................................................................................................................... 9 General Terms 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 ......................................................................... 10 e. Credentialing ..................................................................................................................... 10 f. Engineering Certificate ...................................................................................................... 10 2. Termination ......................................................................................................................................... 10 a. Thirty Days Termination ................................................................................................... 10 b. Event of Default; Termination on Notice .......................................................................... 10 c. Termination Notice ............................................................................................................ 11 d. Duties upon Termination ................................................................................................... 11 e. Termination by Contractor ................................................................................................ 11 3. Indemnification and Defense ............................................................................................................... 11 4. Insurance .......... ~ ................................................................................................................................... 12 5. Independent Contractor ....................................................................................................................... 13 6. Severability .................................................................................................................................... ,....13 7. Merger; No Oral Changes .................................................................................................................... 13 8. Set-Off Rights ...................................................................................................................................... 14 9. Non-Discrimination in Services .......................................................................................................... 14 10. Nonsectarian Declaration ..................................................................................................................... 14 11. Governing Law .................................................................................................................................... 15 12. No Waiver ............................................................................................................................................ 15 13. Conflicts of Interest ............................................................................................................................. 15 14. Cooperation on Claims ........................................................................................................................ 15 15. Confidentiality ..................................................................................................................................... 15 16. Assignment and Subcontracting .......................................................................................................... 15 17. No Intended Third Party Beneficiaries ................................................................................................ 16 18. Certification as to Relationships .......................................................................................................... 16 19. Publications and Publicity ................................................................................................................... 16 20. Copyrights and Patents ...................................................................................................................... ~. 16 a. Copyrights .......................................................................................................................... 16 b. Patents ................................................................................................................................ 16 21. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction ......................................................................................................................................... 17 22. Certificate of Incorporation; Board Meetings ...................................................................................... 17 Y02 3 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs 23. Contractor's Staff ................................................................................................................................ 17 a. Prior Approval ................................................................................................................... 17 b. Current Procedures ............................................................................................................. 17 24. Human Services Division Technical Assistance and Training ............................................................ 19 Article III ............................................................................................................................................................. 20 Suffolk County Legislative Requirements ......................................................................................................... 20 1. Contractor's/Vendor's Public Disclosure Statement ........................................................................... 20 2. Living Wage Law ................................................................................................................................ 20 3. Use of County Resources to Interfere with Collective Bargaining Activities ..................................... 20 4. Lawful Hiring of Employees Law ....................................................................................................... 21 5. Gratuities ............................................................................................................................................. 22 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas .............................. 23 7. Child Sexual Abuse Reporting Policy ................................................................................................. 23 8. Non Responsible Bidder ...................................................................................................................... 23 9. Use of Funds in Prosecution of Civil Actions Prohibited ................................................................... 23 10. Work Experience Participation ............................................................................................................ 23 11. Suffolk County Local Laws Website Address ..................................................................................... 24 Article IV ............................................................................................................................................................. 25 Notices and Contact Persons ............................................................................................................................... 25 1. Notices Relating to Payments, Reports, Insurance, or Other Submissions ......................................... 25 2. Notices Relating to Termination and/or Litigation .............................................................................. 25 Article V ........................................................... .; ................................................................................................ 27 General Fiscal Terms and Conditions ............................................................................................................... 27 1. General Payment Terms ....................................................................................................................... 27 a. Presentation of Suffolk County Payment Voucher ............................................................ 27 b. Voucher Documentation .................................................................................................... 27 c. Payment by County ............................................................................................................ 27 d. Budget Modification .......................................................................................................... 27 e. Taxes .................................................................................................................................. 28 f. Final Voucher .................................................................................................................... 28 2. Subject to Appropriation of Funds ...................................................................................................... 28 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures .............................. 29 4. Accounting Procedures ........................................................................................................................ 29 5. Audit of Financial Statements ............................................................................................................. 29 6. Financial Statements and Audit Requirements .................................................................................... 30 7. Furniture, Fixtures, Equipment, Materials, Supplies ........................................................................... 31 a. Purchases, Rentals or Leases Requiring Prior Approval ................................................... 31 b. Purchase Practices/Proprietary Interest of County ............................................................. 31 c. County's Right to Take Title and Possession .................................................................... 32 d. Inventory Records, Controls and Reports .......................................................................... 32 e. Protection of Property in Contractor's Custody ................................................................ 32 f. Disposition of Property in Contractor's Custody .............................................................. 33 8. Lease or Rental Agreements ................................................................................................................ 33 9. Statement of Other Contracts .............................................................................................................. 33 Y02 4 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; youth Bureau Development Delinquency Prevention Programs 10. g. h. i. j. k. 1. m. n. o. Miscellaneous Fiscal Terms and Conditions ....................................................................................... 33 Limit of County's Obligations ........................................................................................... 33 Duplicate Payment from Other Sources ............................................................................ 33 Funding Identification .................................... , ................................................................... 33 Potential Revenue .............................................................................................................. 34 Payments Contingent upon State/Federal Funding .................... : ....................................... 34 Denial of Aid ..................................................................................................................... 34 Budget ................................................................................................................................ 34 Payment of Claims ............................................................................................................. 34 Payments Limited to Actual Net Expenditures .................................................................. 35 Travel Costs ....................................................................................................................... 35 Attendance at Conferences ................................................................................................ 35 Salaries ............................................................................................................................... 35 Salary Increases ................................................................................................................. 35 No Limitation On Rights ................................................................................................... 35 Comptroller's Rules and Regulations for Consultant's Agreements ................................. 36 Article Vi ............................................................................................................................................................. 37 Description of Services and Budget ................................................................................................................... 37 Exhibits ....................................................................................... ~ ..................................................................... 38 Exhibit 1 Public Disclosure (Department to lndieate Exempt X or Non-exempt__) ........................ 38 Exhibit 2 Living Wage ....................................................................................................................................... 38 Exhibit 3 Union Certification ............................................................................................................................ 38 Exhibit 4 Lawful Hiring .................................................................................................................................... 38 Exhibit 5 Certification Regarding Lobbying ................................................................................................... 38 Y02 5 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Article I Definitions Meanings of Terms As used herein: "Audit of Financial Statements" means the examination by the Comptroller and any Federal or State auditing authority of the financial statements of the Contractor resulting in the publication of an independent opinion on whether or not those financial statements are relevant, accurate, complete, and fairly presented. "Budget" means the Contractor's summary or plan of the intended revenues and expenditures necessary to render the Services. "Budget Deficiency Plan" means an analysis of the cost of the Services, changes in fiscal conditions, and required modifications to the Contract to continue to render the Services. "Comptroller" means the Comptroller of the County of Suffolk. "Contract" means all terms and conditions herein forming all rights and obligations of the Contractor and County. "Contractor" means the signatory New York municipal corporation responsible for the performance of the Services by the Implementing Agency and responsible for the submission of claims for payment to the County and forwarding such payment to the Implementing Agency for the Services. "Implementing ge cy means the s~gnatory New York not-for-profit corporation performing the Serwces. "County" means the County of Suffolk, its departments and agencies. "County Attorney" means the County Attomey of the County of Suffolk. "Department" means the signatory department approving the Contract. "Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying, as the case may be, under Sections 7201 and Section 7203 of the Education Law, respectively. "Event of Default" means The Contractor's failure to perform any duty required of it under paragraphs 1 (b)-(e) of Article II of the Contract; or The Contractor's failure to maintain the amount and types of insurance required by the Contract; or Y02 The Contractor's failure to comply with any Federal, State or local law, rule, or regulation, 6 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs and County policies or directives; or d. Thc Contractor's bankruptcy or insolvency, or falsification of records or reports, or misuse of funds; or e. The Contractor's failure to cooperate in an Audit of Financial Statements; or f. The Contractor's failure to submit, or failure to timely submit, documentation to obtain Federal or State funds; or g. The inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the Contractor; or h. Any condition the County determines, in its sole discretion, is dangerous. "Federal" means the United States government, its departments and agencies. "Fund Source" means any direct or indirect sum payable to the Contractor by the County. "Legislature" means the Legislature of the County of Suffolk. "Management Letter" means a letter, certified as true by the Contractor's certified public account or chief financial officer of findings and recommendations for improvements in internal fiscal control that were identified during an Audit of Financial Statements, but which were not required to be included in an audit report. "Municipal Corporation" means a town, village or school district. "Services" means all that which the Contractor must do and any part thereof arising out of or in connection with the contract necessary to render the assistance and benefit intended by the Contract. "State" means the State of New York. "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, the Federal, or the State governments or a Municipal Corporation and (i) which are currently in effect or (ii) which have expired within the past 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. Y02 7 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - ImPlementing Agency; Youth Bureau Development Delinquency Prevention Programs 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 finns, 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 I Y02 8 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Article II General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations i.) All references in this Contract to Contractor shall be deemed to refer to the Contractor and to the Implementing Agency, except as otherwise indicated; provided that all provisions relating to Contractor's staffshall be deemed to apply only to the Implementing Agency. ii.) It shall be the duty of the Contractor to discharge, or cause to be discharged, all of its responsibilities and to administer funds received in the interest of the County in accordance with the provisions of the Contract. iii.) The Contractor shall promptly take all action as may be necessary to render the Services. iv.) The Contractor shall not take any action that is inconsistent with the provisions of the Contract. Qualifications, Licenses, and Professional Standards i.) The Contractor represents and warrants that it has, and shall continuously possess, during the Term, the required licensing, education, knowledge, experience, and character necessary to qualify it to render the Services. ii.) The Contractor shall continuously have during the Term of the Contract all required authorizations, certificates, certifications, registrations, licenses, permits, and other approvals required by Federal, State, County, or local authorities necessary to qualify it to render the Services. Notifications i.) The Contractor shall immediately notify the County, in writing, of any disciplinary proceedings, commenced or pending, with any authority relating to a license held by any person necessary to qualify him or the Contractor to perform the Services. ii.) In the event that a person is no longer licensed to perform the Services, the Contractor must immediately notify the Department, but in no event shall such notification be later than five (5) days after a license holder has lost the license required to qualify him or the Contractor to perform the Services. iii.) In the event that the Contractor is not able to perform the Services due to a loss of license, the Contractor shall not be reimbursed for the Services rendered after the effective date of termination of such license. Without limiting the generality of the foregoing, if any part of the Contract remains to. be performed, and the termination of the license does not affect the Contractor's ability to render the Services, every other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted by law. Y02 9 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs d. Documentation of Professional Standards The Contractor shall maintain on file, in one location in Suffolk County, all records that demonstrate that it has complied with sub-paragraphs (b) and (c) above. The address of the location of the aforesaid records and documents shall be provided to the County no later than the date of execution of the Contract. Such documentation shall be kept, maintained, and available for inspection by the County upon 24 hours notice. e. Credentialing i.) In the event that the Department, or any division thereof, maintains a credentialing process to qualify the Contractor to render the Services, the Contractor shall complete the required credentialing process. In the event that any State credential, registration, certification, or license, Drug Enforcement Agency registration, or Medicare or Medicaid certification is restricted, suspended, or temporarily or permanently revoked, it is the duty ofth~ Contractor to contact the Department, or division thereof, as the case may be, in writing, no later than three (3) days after such restriction, suspension, or revocation. ii.) The Contractor shall forward to the Department, or division thereof, as thc case may be, on or before July 1 of each year during the Term, a complete list of the names and addresses of all persons providing the Services, as well as their respective areas of certification, credentialing, registration, and licensing. £ Engineering Certificate In the event that the Contract requires any Engineering Services, the Contractor shall submit to the Department no later than the due date for submission for approval of any engineering work product, the Certificate of Authorization ("Certificate"), issued pursuant to § 7210 of the New York Education Law, of every person performing any Engineering Services. The failure to file, submit or maintain the Certificate shall be grounds for rejection of any engineering work product submitted for approval. 2. ~ Termination a. Thirty Days Termination The County shall have the right to terminate the Contract without cause, for any reason, at any time, upon such terms and conditions it deems appropriate, provided, however, that no such termination shall be effective unless the Contractor is given at least 30 days notice. b. Event of Default; Termination on Notice i.) The County may immediately terminate the Contract; for cause, upon such terms and conditions it deems appropriate, upon an Event of Default. YO2 10 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs ii.) If the Contractor defaults under any other provision of the Contract, the County may terminate the Contract, on not less than 5 days notice, upon such terms and conditions it deems appropriate. c. Termination Notice Any notice providing for termination shall be delivered as provided for in Article 4 of the Contract. Duties i.) ii.) upon Termination The Contractor shall discontinue the Services as directed in the termination notice. The County shall pay the Contractor for the Services rendered through the date of termination. iii.) iv.) The County shall be released from any and all liability under the Contract, effective as of the date of the termination notice. Upon termination, the Contractor shall reimburse the County the balance of any funds advanced to the Contractor by the County no later than 30 days after termination of the Contract. The provisions of this subparagraph shall survive the expiration or termination of the Contract. v.) Nothing contained in this paragraph shall be construed as a limitation on the County's rights set forth in paragraph 8 of this Article II. e. Termination by Contractor The Contractor may terminate this Contract by giving not less than sixty (60) days prior written notice to the Department, specifying the reasons for termination and the effective date of termination. Indemnification and Defense ao The Contractor agrees that it shall protect, indemnify and hold harmless the County and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described or referred to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals, or at the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors or agents, if any, in connection with the services described or referred to in this Agreement. Y02 11 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - ImPlementing Agency; Youth Bureau Development Delinquency Prevention Programs be The Contractor hereby represents and warrants the Contractor, will not infringe upon any copyrighted work or material in accordance with the Federal Copyright Act during the performance of this Contract. Furthermore, the Contractor agrees that it shall protect, indemnify and hold harmless the County and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorney's fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described or referred to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals, or, at the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors, lessees, licensees, invitees or agents, if any, in connection with the services described or referred to in this Agreement. 4. Insurance Y02 The Contractor shall continuously maintain during the Term of the Contract insurance in amounts and types as follows: i.) Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Doll.ars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage. The County shall be named an additional insured. ii.) Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of the Contract) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand Dollars ($100,000.00) for property damage per occurrence. iii.) Workers' Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. Contractor shall furnish to the County, prior to its execution of the Contract, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law § 108, the Contract shall be void and of no effect unless the Contractor shall provide and maintain coverage during the term of the Contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per-occurrence or claims-made coverage basis. The County may mandate an increase in the liability limits set forth in the immediately preceding paragraphs (4)(a)(i), (ii), and (iv). All policies providing such coverage shall be issued by insurance companies with an A.M. Best 12of38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs rating of A- or better. The Contractor shall fumish to the County, prior to the execution of the Contract, declaration pages for each policy of insurance, other than a policy for commemial general liability insurance, and upon demand, a true and certified original copy of each such policy evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the Contractor shall furnish a declaration page or insuring agreement and endorsement page evidencing the County's status as an additional insured on said policy, and upon demand, a true and certified original copy of such policy evidencing compliance with the aforesaid insurance requirements. All evidence of insurance shall provide for the County to be notified in writing 30 days prior to any cancellation, nonrenewal, or material change in the policy to which such evidence relates. It shall be the duty of the Contractor to notify the County immediately of any cancellation, nonrenewal, or material change in any insurance policy. In the event the Contractor shall fail to provide evidence of insurance, the County may provide the insurance required in such manner as the County deems appropriate and deduct the cost thereof from a Fund Source. If the Contractor is a Municipal Corporation and has a self-insurance program under which it acts as a self-insurer for any of such required coverage, the Contractor shall provide proof, acceptable to the County, of self-funded coverage. 5. Independent Contractor The Contractor is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding anything in the Contract, it shall not be construed as creating a principal-agent relationship between the County and the Contractor or the Contract and the County, as the case may he. 6. Severability It is expressly agreed that if any term or provision of the Contract, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of the Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of the Contract shall be valid and shall be enforced to the fullest extent permitted by law. 7. Merger; No Oral Changes It is expressly agreed that the Contract represents the entire agreement of the parties and that all previous understandings are herein merged in the Contract. No modification of the Contract shall be valid unless written in form and executed by both parties. Y02 13 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs 8. Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold from a Fund Source an amount no greater than any moneys due and owing to the County for any reason. The County shall exemise its set- off rights subject to approval by the County Attomey. In cases of set-off pursuant to a Comptroller's audit, the County shall only exercise such right after the finalization thereof, and only after consultation with the County Attorney. Non-Discrimination in Services The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status: i.) deny any individual the Services provided pursuant to the Contract; or ii.) provide the Services to an individual that is different, or provided in a different manner, from those provided to others pursuant to the Contract; or iii.) subject an individual to segregation or separate treatment in any matter related to the individual's receipt of the Services provided pursuant to the Contract; or iv.) restrict an individual in any way from any advantage or privilege enjoyed by others receiving the Services provided pursuant to the Contract; or v.) treat an individual differently from others in determining whether or not the individual satisfies any eligibility or other requirements or condition which individuals must meet in order to receive the Services provided pursuant to the Contract. The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, or have the effect of substantially impairing the Contract with respect to individuals of a particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, in determining: i.) ii.) iii.) the Services to be provided, or the class of individuals to whom, or the situations in which, the Services will be provided; or the class of individuals to be afforded an opportunity to receive the Services. 10. Nonsectarian Declaration The Services performed under the Contract are secular in nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to further the advancement of any religion. The Services will be available to all eligible individuals regardless of religious belief or affiliation. Y02 14 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Burenu Development Delinquency Prevention Programs 11. Governing Law The Contxact shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venue shall be designated in the Supreme Court, Suffolk County, the United States District Court for the Eastern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. 12. No Waiver No waiver shall be inferred from any failure or forbearance of the County to enfome any provision of the Contract in any particular instance or instances, but the same shall otherwise remain in full rome and effect notwithstanding any such failure or forbearance. 13. Conflicts of Interest ao The Contractor shall not, during the Term, engage in any activity that is contrary to and/or in conflict with the goals and purposes of the County. b+ It shall be the duty of the Contractor, during the Term, to disclose to the County the existence of any interest adverse to the County, whether existing or potential. The determination as to whether or when a conflict exists, or may potentially exist, shall ultimately be made by the County Attorney after full disclosure is obtained. 14. Cooperation on Claims Each party signing the Contract shall render diligently to the other party, without compensation, any and all cooperation that may be required to defend the other party, its employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives arising out of or in connection with the Contract. 15. Confidentiality Any document of the County, or any document created by the Contractor used in rendering the Services, shall remain the property of the County and shall be kept confidential in accordance with applicable laws, rules, and regulations. 16. Assignment and Subcontracting The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the Contract, or any of its right, title or interest therein, or its power to execute the Contract, or assign all or any portion of the monies that may be due or become due hereunder, (collectively referred to in this paragraph 16 as "assignment"), to any other person without the prior written consent of the County, and any attempt to do any of the foregoing without such consent shall be void ab initio. Y02 Such assignment shall be subject to all of the provisions of the Contract and to any other condition the County requires. No approval of any assignment shall he construed as enlarging 15 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs any obligation of the County under the terms and provisions of the Contract. No assignment of the Contract or assumption by any person of any duty of the Contractor under the Contract shall provide for, or otherwise be construed as, releasing the Contractor from any term or provision of the Contract. 17. No Intended Third Party Beneficiaries The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a beneficiary of the Contract and no third party shall have the right to make any claim or assert any right under the Contract. 18. Certification as to Relationships The Contractor certifies that, other than through the funds provided in the Contract and other valid agreements with the County, there is no known spouse, life partner, business, commercial, economic, or financial relationship, or any relationship within the third degree of consanguinity, between the Contractor, its partners, members, directors, and shareholders owning five percent or more of the Contractor and the County. 19. Publications and Publicity The Contractor shall not issue or publish any book, article, report, or other publication related to the Services without first obtaining written prior approval from the County. After approval in writing is obtained, all such printed matter or other publication shall contain the following statement in clear and legible print: "This publication is fully or partially funded by the Suffolk County Executive's Office." be The Contractor shall not issue press releases or any other information to the media, in any form, concerning the Services without obtaining prior written approval from the County. 20. Copyrights and Patents a. Copyrights If the work of the Contractor should result in the production of original books, manuals, films, or other materials for which a copyright may be granted, the Contractor may secure copyright protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other person designated by the County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate, or otherwise use any such materials. b. Patents Y02 If the Contractor makes any discovery or invention during the Term, or as a result of work performed under the Contract, the Contractor may apply for and secure for itself patent protection. However, the County reserves, and the Contractor hereby gives to the County, and tO 16 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs any other person designated by the County, a royalty-free, nonexclusive license to produce or otherwise use any item so discovered or patented. 21. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction In the event that the Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk County Code Chapter 234, as more fully set forth in the Article entitled "Suffolk County Legislative Requirements," the Contractor shall maintain the documentation mandated to be kept by this law on the construction site at all times. Employee sign-in sheets and register/log books shall be kept on the construction site at all times and all covered employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the construction site during such working hours. 22. Certificate of Incorporation; Board Meetings The Contractor shall furnish the Department with certified copies of its Certificate of Incorporation and by-laws, including any amendments thereto, at the time it signs this Contract, to the extent not already on file with the Department, and any amendments thereto during the term of this Contract promptly upon their adoption, and a list of the board members governing the Contractor from time to time. The Contractor shall not dissolve any existing corporation or establish any new corporation with the responsibility for the operation of the program without the prior written approval of the Department. Minutes of the Contractor's annual board meeting and one other board meeting, no longer than six (6) months thereafter, should be forwarded to the Department within two (2) weeks aider the conclusion of the meetings. 23. Contractor's Staff a. Prior Approval The Department shall have the right to prior approval of the filling of any position now vacant or hereafter becoming vacant and may, in the exercise of that right, promulgate reasonable regulations involving position control which shall, when promulgated, be deemed to be incorporated by reference in and be made part of this Contract. Y02 Current Procedures Resumes The Contractor, at its own expense, agrees to furnish to the Department resumes of all personnel to be hired for the Services referred to in this Contract, prior to their being hired. Resumes shall include, but not be limited to: i.) Previous job titles(s) of the individual employee and the iength of employment under each title; and/or 17 of 38 pages Rev. 3-24-2009; Law No. 09 1FMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Previous experience and length of previous experience with a task or tasks similar or equal to the Services. Contractor Letters The Contractor agrees to furnish to the County letter(s) regarding all personnel to be hired for the Services. The letter(s) shall include, but not be limited to: i.) The specific tasks to be performed by the individual employees during the course of the Services; ii.) Salaries and hours to be worked by the individual employees during the course of the Services. County Approval The County reserves the right to approve principal services personnel proposed by the Contractor at the time of entering into this Contract. Reasons for the County not approving said personnel shall be for lack of qualification or lack of demonstration by the Contractor that said proposed personnel will not have a deleterious effect on the proper and efficient operation of the Services. Job Descriptions, Qualifications The Contractor will nominate to the Department a Service director chosen on the basis of the job description below. The Department shall review such nominations and may confirm them. Other staffpositions provided for in this Contract will be filled in accordance with written job descriptions as provided below. Employment of any staff member under the terms of this Contract shall be subject to ongoing review for competency and aptitude of the staff member by the Department or its designees. The Department may recommend dismissal or suspension of any staff member under this Contract Service Director i.) Qualifications: Graduation from an accredited college and/or university with a Master's Degree in Social Work; or a Bachelor's Degree (4-year college degree) plus 2 years experience in Human Services. ii.) Duties: Responsible for overall Service; hires and fires staff; chairs youth advisory committee; administers and directs all Contractor Services; is responsible to Board of Directors of the Contractor and has immediate charge of and responsibility for the Services; renders direct services to clients as required; selects, trains and supervises program aides, nonprofessional staff and volunteers; has charge of a petty cash account; makes purchases and expends funds under the direction of the treasurer of the corporation or such other officers as the Board of the corporation may direct. Youth Worker i.) Qualifications: Bachelor's Degree (4-year college degree from an accredited college). ii.) Duties: Provides counseling, group work services, and professional supervision in lounge activities, is responsible to the Service director. Also shall keep written records and reports of work accomplished; shall demonstrate ability to learn, ability tO relate successfully to clients and the community, and capacity for development in professional use of self in relationships. Y02 18 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementiug Agency; Youth Bureau Development Delinquency Prevention Programs 24. Service Aides i.) Qualifications: High School Diploma and preferably some paid experience in youth work. ii.) Dnties: Report to Service director; shall carry out assignments as paraprofessionals; shall keep written records and reports of work accomplished; shall demonstrate ability to learn, ability to relate successfully to clients and community, and capacity for development in professional use of self in relationships. Human Services Division Technical Assistance and Training The Contractor agrees to participate in the Human Services Division Technical Assistance and Training Program. Such agreed participation will include staff training on the topic of HIV/AIDS and not more than three (3) days-per-year attendance at training on topics that may include, but not be limited to, contract financial reporting, the setting of service goals and objectives, and service development. The Contractor may participate, at its election, in any additional training made available by the Human Services Division. End of Text for Article I1 Y02 19 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Article III Suffolk County Legislative Requirements 1. Contractor's/Vendor's Public Disclosure Statement It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of section A5-7 of Article V of the Suffolk County Code. Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-7 of Article V of the Suffolk County Code, the Contractor represents and warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County Administrative Code Article ¥, Section A5-7 and shall file an update of such statement with the Comptroller on or before the 31st day of January in each year of the Contract's duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of the Contract, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15°,4) oftbe amount of the Contract. Required Form: Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure Statement" 2. Living Wage Law It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 347, of the Suffolk County Code. This Contract is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate cimumstances, to terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. Required Forms: Suffolk County Living Wage Form LW-1; entitled "Suffolk County Department of Labor - Living Wage Unit Notice of Application for County Compensation (Contract)" Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department of Labor- Living Wage Unit Living Wage Certification/Declaration - Subject To Audit" Use of County Resources to Interfere with Collective Bargaining Activities It shall be the duty of thc Contractor to read, become familiar with, and comply with the requirements of Chapter 466 of the Suffolk County Code. Y02 20 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 ~ Implementing Agency; Youth Bureau Development Delinquency Prevention Programs County Contractors (as defined by section 466-2) shall comply with all requirements of Chapter 466 of the Suffolk County Code including the following prohibitions: a. The Contractor shall not use County funds to assist, promote, or deter union organizing. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. e. The Contractor shall not use County funds to assist, promote, or deter union organizing. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If the Services are performed on County property the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non-intimidation agreement, and a majority authorization card agreement. If the Services are for the provision of human services and are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions of Chapter 466, the County shall have the authority, under appropriate cimumstances, to terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. Required Form: Suffolk County Labor Law Form DOL-LO1; entitled "Suffolk County Department of Labor - Labor Mediation Unit Union Organizing Certification/Declaration - Subject to Audit" 4. Lawful Hiring of Employees Law It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 234 of the Suffolk County Code. The Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit a completed swom affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. Y02 All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case 21 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed swom affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. 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 upon the renewal or amendment of the contract, and whenever a new contractor or subcontractor is hired under the terms of the contract. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the Contract. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate the Contract for violations of this Law and to seek other remedies available under the law. The documentation mandated to be kept by this law shall at all time be kept on site. Employee sign-in sheets and register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the site during such working hours. Required Forms: Suffolk County Lawful Hiring of Employees Law Form LHE-1; entitled "Suffolk County Department of Labor-"Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. SECTION 1324a) With Respect To Lawful Hiring of Employees" "Affidavit Of Compliance With The Requirements Of 8 U.S.C. Section 1324a With ResPect To Lawful Hiring Of Employees" Form LHE-2. 5. Gratuities It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 386 of the Suffolk County Code. The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of the County or the State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement. Y02 22 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 ¥02 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of sections A4-13 and A4-14 of Article IV of the Suffolk County Code. The Contractor represents that itis in compliance with sections A4-13 and A4-14 of Article IV of the Suffolk County Code. Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. 7. Child Sexual Abuse Reporting Policy It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article IV of Chapter 577 of the Suffolk County Code. The Contractor shall comply with Article IV of Chapter 577, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy," as now in effect or amended herealter or of any other Suffolk County Local Law that may become applicable during the term of the Contract with regard to child sexual abuse reporting policy. 8. Non Responsible Bidder It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article II of Chapter 143 of the Suffolk County Code. Upon signing the Contract, the Contractor.certifies that it has not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision of section 143-5 of the Suffolk County Code under "Nonresponsible Bidder." 9. Use of Funds in Prosecution of Civil Actions Prohibited It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of section 590-3 of Article III of Chapter 590 of the Suffolk County Code. The Contractor shall not use any of the moneys, in part or in whole, and either directly or indirectly, received under the Contract in connection with the prosecution of any civil action against the County in any jurisdiction or any judicial or administrative forum. 10. Work Experience Participation Y02 If the Contractor is a nonprofit or governmental agency or institution, each of the Contractor's locations in the County at which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to Local Law No. 15-1993 at all times during the term of the Contract. If no Memorandum of Understanding ("MOU") with the Suffolk County Department of Labor for work experience is in effect at the beginning of the term of the Contract, the Contractor, if it is a nonprofit or 23 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs governmental agency or institution, shall enter into such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. 11. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County website at http://www.co.suffolk.ny.us." End of Text for Article III Y02 24 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECOg00000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Article IV Notices and Contact Persons 1. Notices Relating to Payments, Reports, Insurance, Indemnification or Other Submissions Any communication, notice, claim for payment, report, insurance, or other submission necessary or required to be made regarding the Contract shall be in writing, delivered as follows, and shall be given to the County or the Contractor, as the case may be, or their designated representative at the following addresses or at such other address that may be specified in writing by the parties: By Personal Delivery and First Class Mail; or First Class and Certified Mail, Return Receipt Requested; or by Nationally Recognized Overnight Courier; or Fax Transmittal; or Email: County-' Suffolk County Youth Bureau H. Lee Dennison Building- 3rd Floor 100 Veterans Memorial Highway, P.O Box 6100 Hauppange, NY 11788 Attention: Patrick Policastro Contractor: At the address set forth on page one of the Contract, to the attention of the person who executed the Contract or such other designee as the parties may agree in writing. 2. Notices Relating to Termination and/or Litigation In the event the Contractor receives a notice of claim or becomes a party (plaintiff, petitioner, defendant, respondent, third party complainant, third party defendant, etc.) to any legal action or proceeding related to the Contract, the Contractor shall immediately deliver to the County Attorney, at the address set forth below, copies of all papers filed by or against the Contractor. Any communication or notice regarding termination shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: By Personal Delivery and First Class Mail; First Class and Certified Mail, Return Receipt Requested; or by Nationally Recognized Overnight Courier: County: Suffolk County Youth Bureau H. Lee Dennison Building- 3td Floor 100 Veterans Memorial Highway, P.O Box 6100 Hauppauge, NY 11788 Attention: Patrick Policastro and Y02 25 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Christine Malafi, County Attorney, Suffolk County Department of Law, H. Lee Dennison Building, 100 Veterans Memorial Highway, Hauppauge, New York 11788 Contractor: At the address set forth on page one of the Contract, attention to the person who executed the Contract or such other designee as the parties may agree in writing. Notices shall be deemed to have been duly delivered (i) if mailed, upon the seventh business day after the mailing thereof; or (ii) if by nationally recognized overnight courier service, upon the first business day subsequent to the transmittal thereof; or (iii) if personally, pursuant to New York Civil Practice Law and Rules Section 311; or (iv) if by fax or email, upon the transmittal thereof. "Business Day" means any day except a Saturday, a Sunday, or any day in which commercial banks are required or authorized to close in Suffolk County, New York. Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated successor(s). End of Text for Article IV Y02 26 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Y02 Article V General Fiscal Terms and Conditions General Payment Terms a. Presentation of Suffolk County Payment Voucher In order for payment to be made by the County to the Contractor for the Services, the Contractor shall prepare and present a Suffolk County Payment Voucher, which shall be documented by sufficient, competent and evidential matter. b. Voucher Documentation The Suffolk County Payment Voucher shall list all information regarding the Services and other items for which expenditures have been or will be made in accordance with the Contract. Either with the Contract (for the Services already rendered and expenditures already made) or not mom than 30 days after the expenditures were made and in no event after the 31st day of January following the end of each year of the Contract, the Contractor shall furnish the County with detailed documentation in support of the payment for the Services or expenditures under the Contract e.g. dates of the Service, worksite locations, activities, hours worked, pay rates and program budget categories. The Suffolk County Payment Voucher shall include time records, certified by the Contractor as true and accurate, of all personnel for whom expenditures are claimed during the period. Time and attendance records of a project director, if any, shall be made by the Chairperson, President or other designated member of the Board of Directors of the Contractor. All Suffolk County Payment Vouchers must be signed in ink by duly authorized persons, and certification of such authorization with certified specimen signatures thereon must be filed with the County by a Contractor official empowered to sign the Contract. Disbursements made by the Contractor in accordance with the Contract and submitted for reimbursement must be documented and must comply with accounting procedures as set forth by the Suffolk County Department of Audit and Control. Documentation, including any other form(s) required by County or the Suffolk County Department of Audit and Control, shall be furnished to the County pursuant to, and as limited by, the Regulations for Accounting Procedures for Contract Agencies of the Suffolk County Department of Audit and Control. In addition to any other remedies that the County may have, failure to supply the required documentation will disqualify the Contractor from any further County contracts. c. Payment by County Payment by the County shall be made within 30 days after approval of the Suffolk County Payment Voucher by the Comptroller. d. Budget Modification i.) The parties shall use the Contract Budget Modification Request form ("Budget Modification") for revisions to the Budget. The Contractor shall submit to the County the 27of38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECOg00000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Budget Modification, proposed revisions for either Budget or the Services. Such request must be made in advance of incurring any expenditure for which the revision is needed. ii.) When the CounW and the Contractor agree as to such revisions, the Contractor shall execute thc Budget Modification. Thc Contractor shah sign the form and return it to the County for execution. iii.) Upon complete execution of the Budget Modification, the County shall return a copy to the Contractor. The revision shall not be effective until the Budget Modification is completely executed. e. Taxes - The charges payable to the Contractor under the Contract are exclusive of federal, state, and local taxes, the County being a municipality exempt from payment of such taxes. f. Final Voucher The acceptance by the Contractor of payment of all billings made on the final approved Suffolk County Payment Voucher shall operate as and shall be a release of the County from all claims by the Contractor. 2. Subject to Appropriation of Funds The Contract is subject to the amount of funds appropriated and any subSequent modifications thereof by the Legislature, and no liability shall be incurred by the County beyond the amount of funds appropriated by the Legislature for the Services. If the County fails to receive Federal or State funds originally intended to pay for the Services, or to reimburse the County, in whole or in part, for payments made for the Service, the County shall have the sole and exclusive right to: i.) Determine how to pay for the Services; ii.) Determine future payments to the Contractor; and iii.) Determine what amounts, if any, are reimbursable to the County by the Contractor and the terms and conditions under which such reimbursement shall be paid. The County may during the Term impose a Budget Deficiency Plan. In the event that a Budget Deficiency Plan is imposed, the County shall promptly notify the Contractor in writing of the terms and conditions thereof, which shall be deemed incorporated in and made a part of the Contract, and the Contractor shall implement those terms and conditions in no less than 14 days. Any Budget Deficiency Plan shall be deemed to be incorporated by reference and made part of the Contract. Y02 28 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Y02 Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures Upon request, the Contractor shall submit to the County a current copy, certified by the Contractor as tree and accurate, of its~ i.) salary scale for all positions listed in the Budget; ii.) personnel rules and procedures; iii.) pension plan and any other employee benefit plans or arrangements. The Contractor shall not be entitled to reimbursement for costs under any pension or benefit plan the Comptroller deems commercially unreasonable. Notwithstanding anything in this paragraph 3 of this Article V, the County shall not be limited in requeSting such additional financial information it deems reasonable. Accounting Procedures The Contractor shall maintain accounts, books, records, documents, other evidence, and accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the Contract in accordance with generally accepted accounting principles and with rules, regulations and financial directives as may be promulgated by the Suffolk County Department of Audit and Control and Department. The Contractor shall permit inspection and audit of such accounts, books, records, documents and other evidence by Department and the Suffolk County Comptroller, or their representatives, as often as, in their judgment, such inspection is deemed necessary. Such right of inspection and audit as set forth in subparagraph b. below shall exist during the Term and for a period of seven (7) years after expiration or termination of the Contract. The Contractor shall retain all accounts, books, records, and other documents relevant to the Contract for seven (7) years after final payment is made by the County. Federal, State, and/or County auditors and any persons duly authorized by the County shall have full access and the right to examine any of said materials during said period. Such access is granted notwithstanding any exemption from disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and commemial information or financial information that is privileged or confidential. 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 Term. Audit of Financial Statements All payments made under the Contract are subject to audit by the Comptroller pursuant to Article V of the Suffolk County Charter. The Contractor further agrees that the Comptroller and Department shall have access to and the right to examine, audit, excerpt, copy or transcribe any 29 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs pertinent transactions or other records relating to services under the Contract. The Contractor's failure to cooperate in any Audit of Financiai Statements shall be an Event of Default. If such an audit discloses overpayments by the County to the Contractor, within thirty (30) days after the issuance of an official audit report by the Comptroller or his duly designated representatives, the Contractor shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no response or if satisfactory repayments are not made, the County may recoup overpayments from any amounts due or becoming due to the Contractor from the County under the Contract or otherwise, the provisions of this subparagraph shall survive the expiration or termination of the Contract and shall be in addition to any rights of the County set forth in the Contract. b. The provisions of this paragraph shall survive the expiration or termination of the Contract. 6. Financial Statements and Audit Requirements co Notwithstanding any other reporting or certification requirements of Federal, State, or local authorities, the Contractor shall obtain the services of an independent licensed public accountant or certified public accountant (the "Auditor") to audit its financial statements for each Contractor's "fiscal year" (January 1 to December 31) in which the Contractor has received, or will receive, $300,000 or more from the County, whether under the Contract or other agreements with the County, and shall submit a report to the County on the overall financial condition and operations of the Contractor, including a balance sheet and statement of income and expenses, attested by the Auditor as fairly and accurately reflecting the accounting records of the Contractor in accordance with generally accepted accounting principles. The Contractor is encouraged to solicit requests for proposals from a number of qualified accounting firms and to review carefully the costs of, and qualifications for, this type of work before selecting the Auditor. The Auditor should be required to meet the following minimum requirements: i.) a current license issued by the New York State Education Department; ii.) sufficient auditing experience in the nonprofit, governmental or profit-making areas, as applicable; and iii.) a satisfactory peer review issued within not more than three years prior to the date when the Auditor was selected to conduct the audit. The audit must be conducted in accordance with generally accepted governmental auditing standards. Financial statements must clearly differentiate between County-funded programs and other programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged for this purpose. The Auditor must also prepare a Management Letter based on the audit. In the event the Contractor is a non-profit organization or unit of local government and expends $500,000 or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass-through entity, such as New York State or Suffolk County, during any fiscal year within which it receives funding under the Contract, the audit must be conducted, and the audit report ("Single Audit Report") must be, in accordance with OMB Cimular No. A-133 (revised June 27, Y02 30 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs 2003). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass-through entity, to the extent required by the OMB Circular referred to above. e. The Contractor must submit to the County a statement in writing, certified by its chief financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must mail or deliver the certified statement to Dep .artment and to the Executive Director of Auditing Services, Suffolk County Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial Highway, P. O. Box 6100, Hanppauge, New York 11788-0099, as soon as possible after the end of the Contractor's fiscal year. The statement must include all Federal funding received directly from the Federal government and all Federal funds passed through from the County and other pass-through entities. f. Copies of all financial statements, Management Letters, Single Audit Reports and other audit reports must be transmitted to Department and to the Executive Director of Auditing Services at the address set forth above. The reports must be submitted within thirty (30) days al~er completion of the audit, but in no event later than nine (9) months after the end of the Contractor's fiscal year to which the audit relates. g. These requirements do not preclude the Department or the Comptroller or their authorized representatives or Federal or State auditors from auditing all records of the Contractor. Therefore, the records of the Contractor must be made available to authorized representatives of Federal, State and County government for that purpose. h. The provisions of this paragraph shall survive the expiration or termination of the Contract. 7. Furniture, Fixtures, Equipment, Materials, Supplies a. Purchases, Rentals or Leases Requiring Prior Approval Prior to placing any order to purchase, rent or lease any furniture, fixtures, or equipment valued in excess of one thousand dollars ($300.00) per unit for which the Contractor will seek reimbursement from the County, the Contractor shall submit to the County a written request for approval to make such a proposed purchase, rental or lease, with a list showing the quantity and description of each item, its intended location and use, estimated unit price or cost, and estimated total cost of the proposed order. Written approval of the County shall be required before the Contractor may proceed with such proposed purchase, rental or lease of furniture, fixtures or equipment. All items purchased must be new or like new unless specifically described otherwise in the Budget. b. Purchase Practices/Proprietary Interest of County i.) The Contractor shall follow all of the general practices that are designed to obtain furniture, fixtures, equipment, materials, or supplies at the most reasonable price or cost' possible. Y02 ii.) The County reserves the right to purchase or obtain for the Contractor furniture, fixtures, equipment, materials, or supplies in accordance with the programmatic needs of the Contract. If the County exercises this right, the amount budgeted for the items so 31 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs purchased or obtained by the County for the Contractor shall not be available to the Contractor for any purpose whatsoever. Title to any such items purchased or otherwise obtained by the County for the programs encompassed by the Contract and entrusted to the Contractor, shall remain in the County. iii.) The County shall retain a proprietary interest in all furniture, removable fixtures, equipment, materials, and supplies purchased or obtained by the Contractor and paid for or reimbursed to the Contractor pursuant to the terms of the Contract or any prior agreement between the parties. The Contractor shall attach labels indicating the County's proprietary interest or title in all such property. c. County's Right to Take Title and Possession Upon the termination or expiration of the Contract or any renewal thereof, the discontinuance of the business of the Contractor, the failure of the Contractor to comply with the terms of the Contract, the bankruptcy of the Contractor, an assignment for the benefit of its creditors, or the failure of the Contractor to satisfy any judgment against it within thirty (30) days of filing of the judgment, the County shall have the right to take title to and possession of all furniture, removable fixtures, equipment, materials, and supplies referred to in subparagraph 7(b) above and the same shall thereupon become the property of the County without any claim for reimbursement on the part of the Contractor. d. Inventory Records, Controls and Reports The Contractor shall maintain proper and accurate inventory records and controls for all such furniture, removable fixtures and equipment acquired pursuant to the Contract and all prior agreements between the parties, if any. Three (3) months before the expiration date of the Contract, the Contractor shall make a physical count of all items of furniture, removable fixtures and equipment in its custody, checking each item against the aforesaid inventory records. A report setting forth the results of such physical count shall be prepared by the Contractor on a form or forms designated by the County, certified and signed by an authorized official of the Contractor, and one (1) copy thereof shall be delivered to the County within five (5) days after the date set for the aforesaid physical count. Within five (5) days after the expiration date oflhe Contract, the Contractor shall submit to the County six (6) copies of the same report updated to the expiration date of the Contract, certified and signed by an authorized official of the Contractor, based On a physical count of all items of furniture, removable fixtures and equipment on the aforesaid expiration date, and revised, if necessary, to include any inventory changes during the last three (3) months of the Term. e. Protection of Property in Contractor's Custody Y02 The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, fixtures, equipment, material or supplies in its custody against damage or loss by fire, burglary, theft, disappearance, vandalism, or misuse. In the event of burglary, theft, vandalism, 32 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs or disappearance of any item of furniture, fixtures, equipment, material or supplies, the Contractor shall immediately notify the police and make a record thereof, including a record of the results of any investigation which may be made thereon. In the event of loss of or damage to any item of furniture, fixtures, equipment, materials, or supplies from any cause, the Contractor shall immediately send the County a detailed written report thereon. f. Disposition of Property in Contractor's Custody Upon termination of the County's funding of any of the Services covered by the Contract, or at any other time that the County may direct, the Contractor shall make access available and render all necessary assistance for physical removal by the County or its designee of any or all furniture, removable fixtures, equipment, materials or supplies in the Contractor's custody in which the County has a proprietary interest, in the same condition as such property was received by the Contractor, reasonable wear and tear excepted. Any disposition, settlements or adjustments connected with such property shall be in accordance with the rules and regulations of the County and the State of New York. 8. Lease or Rental Agreements If lease payments or rental costs are included in the Budget as an item of expense reimbursable by the County, the Contractor shall promptly submit to the County, upon request, any lease or rental agreement. If during the Term, the Contractor shall enter into a lease or rental agreement, or shall renew a lease or rental agreement the Contractor shall, prior to the execution thereof, submit such lease or rental agreement, to the County for approval. 9. Statement of Other Contracts Prior to the execution of the Contract, the Contractor shall submit a Statement of Other Contracts to the County, which shall be attached as an exhibit to the Contract. If the Contract is amended during the Term, or if the County exercises its option right, the Contractor shall attach a then current Statement of Other Contracts. 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations The maximum amount to be paid by the County is set forth on the first page of the Contract. b. Duplicate Payment from Other Sources Payment bY the County for the Services shall not duplicate payment received by the Contractor from any other source. e. Funding Identification The Contractor shall promptly submit to the County upon request, a schedule for all programs Y02 33 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Y02 funded by the County itemizing for each such program the sums received, their source and the total program budget. Potential Revenue The Contractor shall actively seek and take reasonable steps to secure .all potential funding from grants and contracts with other agencies for programs funded by the County. Payments Contingent upon State/Federal Funding Payments under the Contract may be subject to and contingent upon continued funding by the state and/or federal government(s). In such event, no payment shall be made until the Contractor submits documentation in the manner and form as shall be required by the state and/or federal government. If late submission of claims precludes the County from claiming state or federal reimbursement, such late claims shall not be honored. If, for any reason, the full amount of such funding is not made available to the County, the Contract may be terminated in whole or in part, or the amount payable to the Contractor may be reduced at the discretion of Depaament, provided that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction, and provided that money has been appropriated for payment of such costs. The Contractor's failure to submit, or failure to timely submit, such documentation shall be an Event of Default. Denial of Aid If a State or Federal government agency is funding the Contract and fails to approve aid in reimbursement to the County for payments made hereunder by the County to the Contractor for expenditures made during the Term because of any act, omission or negligence on the part of the Contractor, then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal govemment agency, and the County's obligation to.the Contractor shall be reduced by any such amounts. In such an event, if there should be a balance due to the County after it has made a final payment to the Contractor under the Contract, on demand by the County, the Contractor shall reimburse the County for the amount of the balance due the County, by check to the order of the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. The inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the Contractor shall be an Event of Default. Budget The Contractor expressly represents and agrees that the Budget, to the extent applicable, lists all personnel and/or all other costs of the Services. Payment of Claims Upon receipt of a Suffolk County Payment Voucher, the County, at it's discretion, may pay the 34 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Contractor during the Term, in advance, an amount not to exceed one fourth (1/4) of the maximum amount to be paid by the County set forth on the first page of the Contract. i. Payments Limited to Actual Net Expenditures The Contractor agrees that if, for any reason whatsoever, the Contractor shall spend during the Term for the purposes set forth in the Contract an amount less than, or receive amounts more than, provided in the Budget, the total cost of the Contract shall be reduced to the net amount of approved, actual Contractor expenditures made for such purposes, and amounts received and that the total amount to be paid by thc County shall not exceed the lesser of(i) approved actual net expenditures or (ii) the total cost of the Contract on the cover page and in the Budget. Upon termination or expiration of the Contract, if the Contractor's total amount of allowable expenses are less than the total amount of the payments made during the Term, the Contractor shall prepare a check payable to the Suffolk County Treasurer for the difference between the two amounts and submit such payment to the County, along with the final Suffolk County Payment Voucher. j. Travel Costs Reimbursement to the Contractor for travel costs shall not exceed amounts allowed to County employees. k. Attendance at Conferences All conferences that are partially or fully funded by the County that the Contractor's staff wish to attend must be pre-approved, in writing, by the County and must be in compliance with Standard Operating Procedure A-07 and Executive Order No. 4-2004. I. Salaries The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all withholding and payroll ta,~es to the Federal/State governments has been provided to the County. m. Salary Increases No salary, wage, or other compensation for the Services shall be increased over the amount stated in the Budget without the prior written approval of the County. n. No Limitation On Rights Notwithstanding anything in this Article V, the County shall have available to it all rights and remedies under the Contract and at law and equity. Y02 35 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Comptroller's Rules and Regulations for Consultant's Agreements The Contractor shall comply with thc "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 this Contract. Thc County shall 1)rovidc thc Contractor with a copy of any amendments to the "Comptroller's Rules and Regulations for Consultant's Agreements" during the term of this Contractor. End of Article V Y02 36 of 38 pages Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Article VI Description of Services and Budget Y02 37 of 38 pages Sponsoring Munlcipar~y: Implementing Agency: pro,ram Title: Agency Address: CO S0~'~OLK ~ OF S(73IHOLD ~ SERVIC~ INDIVIDUAL PROGRAM APPLICATION Funding Category: YEDP/$~v-/CE County: Sby~OLK To , Program Budget $~ . _ _ (100%) OCFS Funds Requested $ { 3 2 % of total) Program Code: 09470010S004 SOUT~DLD NY 11971 c~, state Federal ID #: 11-6001939 Charities Reg #: Not Applicable J~Execut]ve rDitector [] Board Chairperson Period of Actual P,og~ 12/31/09 (6~1) 765-1889 DIRIECIOR ( ) 765-1283 I ) The Agency is: [] Private, Not-for-Profit [] Public [] Religioaa Corporation PROGRAM SITES - Most Significant (3 Maximum) NY; ONLY Assembly NYS Senate Local City Council Type Address(S~eet~City,State,Zlp) DiSt. No. Dist No. ~an'g Bd. District SOb~F~DLD 11971 PROGRAM SUMMARY: (MAXIMUM OF 350 CHARACTERS - approximately 45 Words) ~ IS DESi(t~HD TO D~T,TV~R ]2DZV'J/7,.lP~ (IX~S~3 ,'r'k~ ~ (~ISIS IN,~_~VHNi'IC~ s~v-/c~ TO 50 YOtr~I. PROGRAM PROFILE Problem/ Target J Need I PopulationJ Primary 519 [ 840 J Secondary J Number of YoUth Service Methods To be Served 524 J 530. 56 [] Direct Services will NOT be provided by this program Sex of program participants Male: 45% Female: 5596 Ethnlelty - Whites: 80 % Black: 10 % Hispanic: 10 % Native American: Age-0-4: 0% 5-9: 0.% 10-15: 0% 16;20: 0 % Unduplicated Count J of Youth and Clients Served (All Activities} 5O Target Population: Service Methods: HISTORY OF INVOLVEM~N~ IADIVIBt~L C~ ,TNF= C5~ISIS I1VIPi~VS~TICN 0 % Asian: 0% Other: 0 % OCFS410?(Rev. O3/2OO2)FRONT NEW YORK STATE OFFICE OF CHILDREN AND FAMILy SERVICES PROGRAM BUDGET APPENDIX B PRO~COD~IDI¢~ 15/l? 10 In CO"~CTNUMBE~ I.. AGENCY/MUNIClPALr[Y: Town of SouthoZd I/ lC)I$1o'1o 1~4'1 I I I I I I PROGRAMTITLE.: Southold Youth S~rvices PERSONAL SERVICES: FUND TYPE: S REQUESTED TOTAL SALARIEs AND WAGES TOTAL FRINGE BENEFITS TOTAL .PERSONAL SERVICES (1) CONTRACTED SERVICES AND STIPENDS TOTAL CONTRACTED SERVICES (2) TOTAL MAINTENANCE & OPERATION (3) ' LIST EQUIPMENT TO BE PURCHASED OR RENTED: (UNIT COST OVER $500 AND LIFE EXPECTANCY OF OVER TWO YEARS) P~OGRAM S~TE ADDRESS TOTAL FAClLI3~F REPAIRS (4) $ $ $ TOTAL OCFS PROGRAM AMOUNT I + LIST OF OI~IER FUNDING SOURCES TOTAL oCFS FUNDS REQUESTED I $ REIMBURS/~LE TOTAL ' MUNICIPAL FUNDING $ OTHER SOURCES * USE AN ASTERISK NEXT TO THE FIGURES LISTED TO IDENTIFY THOSE ITEMS FOR WHICH OCF$ REIMBURSEMENT IS NOT BEING REQUESTED. USE (7K) TO IDENTIFY ONLY IN KJND SERVICES. EQUIPMENt, ETC DONA TED TO PROGRAA~ WHERE ALLOWED. Rev. 3-24-2009; Law No. 09 IFMS No. SCSEXECO900000 YO2 - Implementing Agency; Youth Bureau Development Delinquency Prevention Programs Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Public Disclosure Living Wage Union Certification Lawful Hiring Certification Regarding Lobbying Exhibits (Department to Indicate Exempt __ X or Non-exempt__ Y02 38 of 38 pages Suffolk County, New York Department of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections 1, III, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, III and IV below. Completed forms must be submitted to the awarding agency. County 'Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subconlract with any of the above? Section I The Union Organizing Law applies to this conlract. I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as to the goods and/or services that are the subject of the contract with the County of Suffolk shall not use County funds to assist, promote, Check if or deter union organizing (Chapter 466-3 A), nor seek reimbursement fi.om the County for costs incurred to assist, Applicable promote, or deter union organizing. (Chapter 466-3 B) I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3 H) I/we further agree that I/we will not use County property to hold meetings te assist, promote, or deter union organizing. (Chapter 466-3E) I/we fuaher agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, I/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as applicable, that no reimbursement fi.om County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-3 I) I/we further affu-m to the following as to the goods and/or services that are the subject of the contract with the County of SuffoLk: · I]we will not express to employees any false or misleading information that is intended'to influence the determination of employee preferences regarding union representation; · I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; · I/we will not require an employee, individually or in a group, to attend a meeting or an event that is intended to influence his or her decision in selecting or not selecting a bargaining representative; · I/we understand my/our obligation to limit disruptions caused by prerecognitinn labor disputes through the adoption of nonconfi.ontational procedures for the resolution ofprerecognition labor disputes with employees engaged in the production of goods or the rendering of services for the County; and · I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said procedures in such certification. Section II Check if Applicable The Union Organizing Law does not apply to this contract for the following reason(s): DOL-LO1 (3/5/08) S~ffolk County, New York Department of Labor Section III Contractor Name: Con~'actor Address: Con.actor Phone #: Description of project or service: Section IV In the event any part of the Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a cour~ of competent jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ab initio. Section V I declare under penalty o~jury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and ~ve~ Authorized Sig~t~e ' t Date l~int Name and Title ~f Au~orized Representativer DeL-Lei (3/5/08) CONTRACTORNAME STATEMENT OF OTHER CONTRACTS ADDRESS CONTACT PHONE NUMBER PROGRAM~ AGREEMENT CONTRACT WITH~ TERM OF AGREEMENT AMOUNT NUMBER 1. Indicate (a) type of organization - County, State, Federal or Other and (b) name of Department, Agency or Organization.