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Community Development Block Grant Program
RESOLUTION 2009-550 ADOPTED DOC ID: 5092 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-550 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk~ Office of Community Development in connection with the 2009 Community Development Block Grant Program in the amount of $130,000, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell haw No. /~/- ~-~ ~ o //~ Rev.' 10/30/08 Community Development Block Grant Contract I~MS No. AGREEMENT This Agreement, is between the County of Suffolk (County), a municipal corporation of the State of New York, acting through its duly constituted Office of Community Development, ("Department") located at 100 Veterans Memorial Highway, P.O. Box 6100, Hanppauge, N.Y. 11788, and the Town of Southold, (Contractor), a municipal corporation under the laws of the State of New York, located at Town Hall - P.O. Box 1179, 53095 Main Road, Southold, N.Y. 11971. The Contractor has heretofore expressed its desire to undertake or assist in undertaking essential community development and housing assistance activities as set forth in the Housing and Community Development Act of 1974, as amended (hereinafter referred to as "the Act"), as set forth in Article VIII entitled "Description of Services", attached. The County has received and accepted a grant fi'om the U.S. Department of Housing and Urban Development (hereinafter referred tO as "HUD") for the purposes of the Act pursuant to Suffolk County Resolution No. q~ ~ of ,~ 004 and thc parties desire to undertake various eligible activities under the Act; and the parties heretofore have entered into a cooperative Agreement for said purposes. Term of Agreement: As provided in paragraph 24 of Article VI of this Contract, unless sooner terrainated as provided in paragraph (2) of Article II of this Contract. Total Cost of Agreement: Shall not exceed $130,000.00 as set forth in Articles VII and VIII, attached. Terms and Conditions: Shall be set forth in Articles I through VIII, attached hereto and made a part hereof. In Witness Where, of, the par~i~s hereto have executed this Nam e~oo fCiC o~nt rOa c~t~ i~'~ ~4~Jd . Tom Supe~sor Fed. T~ ~ ~ 11-fi001939 Hon. Sco~ A. Russell, hereby c~ifies under pen~fies of pe0~ ~a I ~ ~ offi~ of To~ of Sou~old, ~at I have ~ad md I ~ f~ili~ wi~ ~A5-7 of~do Contract as 0fthe latest date written above. COUNTY OF SUFFOLK By: Name: Title: Deputy Coun~ Executive V of the Suffolk~nty Code, and that Town of Southold meets Approved: alt r~u!tem~, er x_emo~, er~undy~ ~__ / / Office of Com%nity Dev/~ment Hon. Scott A. Russell By: Approved as to Legality: Christine Malafi, Suffolk County Attorney By: ~'-' '~'~.~_~ Assistant Coun~ A~omey ~ I" Nam~./$o-s~j~ T. Sans'['v'~rino Ti~. Community..j)¢yclo~m0at Director l~ate: (~ Page 1 of 34 Law No. - I~MS No. Rev. 10/30/08 Community Development Block Grant Contract List of Articles Page # Article I: .......................................... 2..; ......................................................................................................... 5 Definitions ............................................................................................. , ............................ ,:. ........................... 5 I. Meanings of Terms ....................................................................................................................... 5 2~ Elements of Interpretation ......................... ~ .................................................................................. 6 Article 1I ................................................................................................................................................... 7 General Terms and Conditions ..................................................................................................................... 7 1. Contractor Responsibilities .......................................................................................................... 7 a. Duties and Obligations ........................................................................................................ 7 b. Qualifications, Licenses, and Professional Standards ......................................................... 7 c. NotificatiOns ........................................................................................................................ 7 d. Documentation of Professional Standards .......................................................................... 7 e. Engineering Cert'ificate ....................................................................................................... 8 2~ Termination ................................................................................................................................ 8 a. Thirty Day Termination ...................................................................................................... 8 b. Event of Default; Termination on Notice ............................................................................ 8 c. Termination Notice ............................................................................................................. 8 d. Duties Upon Termination .............................................................................................. '..... 8 3. Indemnification and Defense ...................................................................................................... 8 4. Insurance .................................................................................................................................... 9 5. Independent Contractor ............................................. : ................................................................ 10 6. Severability ................................................................................................................................. 10 7. Merger; No Oral Changes ......................................................................................................... 10 8. Set-OffRights ............................................................................................................................ 10 9. Nun-Discrimination in Services ................................................................................................. 10 10. Constitutional Prohibition .......................................................................................................... 10 I 1. Governing Law ........................................................................................................................... 11 12. No Waiver ........................................................................... ~ ...................................................... 11 13. Conflicts of Interest .................................................................................................................... 11 14. Cooperation on Claims ............................................................................................. i ................. 11 15. Confidentiality ......................... ~ .................................................................................................. 11 . t6~ Assignment and Subcontracting ................................................................................................. 11 17. Obligations of Contractor With Respect to Certain Third Party Relationship .................................................................................... 11 18~ Certification as to Relationships ................................................................................................. 13 19. Publications and. Publicity .......................................................................................................... 13~ 20. Copyrights andPatents ............................................................................................................... 13 o. Copyrights ........................................................................................................................... 1J b. Patents ..................................................................................................... ; ........................... 13 Lawful Hiring of Employees Law in Connection with ConWacts for Conslructinn Or Future Construc~on ............................................... .'. ...................................................... 13 County Legislative Requirements .................................................................................................... 14 1. Conlxactur's/Vendor's Public Disclosure Statement .................................................................. 14 2. Use of County Resources to Interfere with Collective Bargaining Activities ............................ 14 3. Lawful Hiring of Employees Law ............. ~ ................................................................................ 14 4. Gratuities ......................................................................................................... :, ......................... 15 5. Prohibition Against Conlracting with Corporations that Reincorpomte Overseas ..................... 16 6. Child Sexual Abuse Reporting Policy ........................................................................................ 16 7. Non Responsible Bidder ............................................................................................................. 16 8. Use of Funds in Prosecution of Civil Actions Prohibited ........................................................... 16 9. Work Experience Participation.. .................................................................................................. 16 10. Suffolk County Local Laws Website Address ............................................................................ 16 Article III: Suffolk Article IV: ....................................... ,.... ......................................................................................................... 17 Notices and Contact Persons ................... ~.,...; ................................................................................... I~T Page 2 of 34: Law No~ -- I}'MS No. Rev.. 10/30/08 Community Development Block Grant Contract l. Notices Relating to P~Ymants, R. epor~, Insurance, or Other Submissions ............... - .17 2.. Notices Relating to Termination and/or Litigations ............. ~ ...................................................... 17 Article V: ................................................................................................................. i~i ................................ 19 General Fiscal Terms and Conditions .................................................................................................... 19 1. General Payment Terms ............................................................................................................. 19 a. Presentation of Su~olk County Payment Voucher ............... 19 b. Voucher Documentation ...................................................................................................... 19 ~. Payment by County .............................................................................................................. 19 d. Budget Modffication ............................................................................................................ 19 e. Taxe~ .................................................................................................................................... 19 f. Final Voucher ........ 20 2. Subject to Appropriation of Funds .............................................................................................. 20 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures ...................... 20 4. Aecoonfing Procedures ............................................. 20 5. Audit of Financial Statements ............ 21 6. Financial Statements and Audit Requirements ...................................... 22 7. Statement of Other Contracts ......................................... 22 8. Miscellaneous Fiscal Terms and Conditions ............................................................................... 22 a. Limit of County's Obligations .................................................................................. 22 b. Duplicate Payment fi.om Other Sources ................................................................................ 22 c. Funding Identification ................................ 22 - d. Payments Contingent Upon StatedFederal F'~nding .............................................................. 22 e. Denial of Aid ........................................................................................................................ f.'B udg~t ................................................................................................................................... 2.~ g. Payment of Claims h. Payments Limited to Actual Net Expenditures .................................................... 23 i. No Limitation On Rights ...................................................................................................... 23 Article VI: Federal Requirements .............................................................................................................. , ...................... 24 1. Grant Administration .................................................................................................................. 24 2. County-Contractor Relationship ................................................................................................. 24 "3. National Objectives .................................................................................. 24 4. Performance. ....................................................................................................... ; ....................... 24 5. Citizen Participation .................................................................................................................... 25 6. Flood Disaster Protection ........................................ 25 7. Equal Employment Opportunity and Affu'mative Action ........................................................... 25 8. Lead Based Paint:Hazard ............................................................................................................ 28 9. Fire Pr~vanfion and Control Att ........................................... 28 10. Federal Labor Standards Provialons ............................................................ 28 I 1. Compliance with Air and Water AO.a ......................................................................................... 28 12~ Reincafion Assistance and Acquisition of Reni Property ................................................ 29 13. Consolidated Plan ....................... 29 14. Displacement ............................................................................................................................. 29 15. Books and Records of Accountthg ................................................... ).~. ....................................... 29 16..Pro Income 17. Real Property ............................................................................................................................... 30 18. Reversion of Asset~ ..................................................................................... a .............................. 30 I9. Promtrement of Equipment Services, Supplies and Materials ................................................. 30 20. Use of Federal Funds forLobb in Y g ........................................................................... · ................. .~1 21. Political Activities ....................................................................................................................... 31 22. Funding Identification...'..,~ .................. ~. ..................................................................................... 31 23. Offset of Arrears or Default: .......................................... 31 24. Effective Dates 25. Force Majeure ................................................. : ........................................................................... 31 page3 of 3~ Law No. -- IF/VIS No. Rev. I0/30/08 Community Development Block Grant Contract Article VIII: Envirnnmenml Requirements .....~ ............................................................................................................... Article VIII: Description of Services -Project Description and Budget .......................................................................... Exhibits ..................................................................................................................................................... Exhibit 1 Public Disclosure (Department to Indicate Exempt or Non-Exempt _ . ........... 34 Exhibit 2 Union Certification (Department to Indicate Exempt .__ or Non-Exempt ) ........... 34 Exhibit 3 Lawful Hiring ............................................................................................................................ 24 Exhibit 4 Certification Regarding Lobbying ........................................................................................... 34 Law ~-o. -- Rev. 10/30/08 Community Development Block Grant Contract ARTICLE I DEFINITIONS IF1VIS No. 1. Meanings of Terms As used herein: "Audit of Financial Statements" means the examination by the Comptroller and any Federal or State auditing authority of fac 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 ~'ly presented. "Budgef' meam the Cenlractor's summary or plan of the intended revenues and expenditures necessary 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 signatoU ¢orpomtien, any person, employee, agent, servant, sub-centractor and any successor and assign of any one or more of the foregoing performing the Services. ~County" means the County of Suffolk, its departments and ~encies. "County Attorney" means the County Attorney of the County of Suffolk. "Department" means the signatory department approving the Contract. "Engineering Services" means the definition of the pract/ce of engineering and the definition ofpructice of land surveying, as the case may tSe, under Sections 7201 and Section 7203 of the Education Law, respectively. "Event of Defanlt" means a.. · The Contractor's failure to perform any duty required_ of it under paragraphs l(b)-(e) of Article II of the Contract;, or b. Tho Conlractor's failure to maintain the amount and types of insurance required by the Contract; or c. The Contractor's failure to comply with any Federal, State or local law, rule, or regulation, and County policies or directives; or d. The Contractor's bankruptcy or insolvency, or falsification of records or reports, or misuse of funds; or e. The Contmctur's failure to cooperate in an Audit of F~nancial S.t.atements; or fi 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 C.ounty determines, in its sole discretion, is dangerous. "Federal" means the United States gove~maant, its departments and agencies. "Fringe Benefits" means non-wage benefi, ts which accompany or are in addltion to a person?s salary, such as paid insurance, sick leave, profit,sharing plans, paid:holidays, ~mkvacations;. Page:5 of 3~ Law No. IFMS No. Rev. 10/30/08 . Community Development Block Grant Contract "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 tree 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 most 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 and, if exercised by the County, the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms, associations, partnerships (including limited partnerships), lrusts, corporations and other · legal entities, including public bodies, as well as natural persons, and shall include successors end assigns. Capitalized terms .used, but not otherwise defined; herein, shall have the meanings assigned to them in the Contract. Page:6;of 3:4~ Law No. IFMS No. Rev. 10/30/08 · Community Development Block Grant Contract Article H General Terms and Coi~ditions 1. Contractor Responsibilities a. Duties and Obligations i.) It shall be the duty of the ConWactor 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. The Contractor for the consideration herein provided, agrees to complete in the most substantial workmanlike manner the community development project(s) as described in Articles VII and VIII, attached hereto and made a part hereof (hereinaiter referred to as "CD Project(s)". CD Projects shall not be located outside the jurisdictional boundaries of the Contractor without the written approval of the County and the affected jurisdiction. ii.) The Contractor shall promptly take all action as may be necessary to render the Services. iii.) The Contractor shall not take any action that is inconsistent with the provisions of the Contract. bo Qualifications, Licenses, and Professional Standards i.) The Contractor represents and warra~, ts'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. c. Notifications i.) The ConWactor 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 ConWactor to perform the Services. ii;) In the event that a person is no lc~nger licensed to perform the Services, tha Contractor must immediately notify the Department, but in no eventshall such notification be later than five (5) days aiter a license holder has lost the license required to qualify him or the Contractor to perform the Services. iii.) In the 'tvent that the Contractor is not able to perform the. Services due to aloss 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 ConWactremalns to be performed, and the termination of the license does not affect the ConWactor's ability to render the Services, every other term and provision of the Contract shall be valid and en~or, ceable to the fullest extent permitted by law. d. Documentation of Professional Standards The Contractor shall maintain on tile, in one location in Suffoik 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 oft he Contract. Such documentation shall be kept, maintained, and available for inspection by the County upon 24 hours notice. oo Engineering Certificate ' In the event that the Contract requires any Engineering Services, the Contractor shall submit to the Department no later than~the due dat~'for!.su,bmissi0n: for approval iof any engineering work product, the Certificate of Authorization P. age Tof 3:4; Law No. Rev. 10/30/08 Community Development Block Grant Contract IFMS No. ("Certificate"), issud'd pursuant to § 7210 of the New York Education Law, of every pemon performing any Engineering Services. The failure to file, submit or maintain the Ceffificate 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.) ii.) The County may immediately terminate the Contract, for cause, upon such terms and conditions it deems appropriate, upon an Event of Default. If the Contractor defaults under any other provision of the Contract, the County may terminate the ConWact, on not less than 5 days notice, upon such terms and conditions it deems appropriate. Termination Notice Any notice providing for termination shall be delivered as provided for in Article 4 of the Conu'act. d. Duties upon Termination i.) The ConWactor shall discontinue the Services as directed in the termination notice. ii.) The County shall pay the Contractor for the Services rendered through the date of termination. iii.) 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 reimbm'se the. County the balance of any funds advanced to the ConWantor 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 eonsmaed:as a limitation on the County's rights set forth in paragraph 8 of this Article II. 3. Indemnification and Defense The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees fi.om and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses caused by any acts or omissions or negligence of the Contractor, including reimbursement of the cost ofreasunable attorneys' fees incurred by the County, its agents, servants, officials, and employees jn any action or proceeding arising out of or in connection with the Contract. The Contractor hereby represents and warrants that it will not infringe upon any copyright. The Con~'actor agrees that it shall protect,indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all'liabilities, fit/es;, penalties, actions, damages, elaim~, demands, judgments, losses, suits or actions, costs, and expenses arising out of any claim asserted for infringemant of copyright, including reimbursement of the cost of reasonable:attorneys~ f~es;incurred:by the County, its agents, servants, officials, and employees in any action or proceeding arising o.ul~ of or in connection with any claim asserted for infringement of copyright. Page:8,of 3;4~ Law No. Rev. 10/30/08 Community Development Block Grant Contract IFMS No. The Contractor shall continuously maintain during the Term of the Contract insurance in mounts and types as follows: i.) Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occmce 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, ifrequirad by law. Contractor shall furnish to the County, prior to its execution of the Contract, thc 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 thd Contractor shall prOvide and maintain coverage during the term of the ConWact for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. iv.) Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per-occurrence or clalms-mado coverage basis. (Delete this clause if not applicable) The County may mandate an increase in the liabiliiy 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 rating of A- or better. The ConWactor shall furnish to thc County, prior to the execution of the Contract, declaration pages for each policy of insurance, other than a policy for commercial general liability insurance, and upon demand, a hue and certified original'copy of each such policy evidencing compliunce with the afuresald insurance requirements. In the case of commercial general liability insurance, the Contractor shall furnish a declaration page or insuring ConU'act 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 cgmpliance 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, nourenewal, 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, nourenewal, or'material change in any insurance policy. In the event the Conl~actor 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. .. Page 9of34~ Law No. Rev. 10~0~8 .. Communi~D~elopmentBIock Grant Contract IFMS No. 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 ConUact and the County, as the case may be. 6o 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 unanfomeable, 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. Merger; No Oral Changes It is expressly agreed that the Contract represents the entire agreement of the parties, and that all previous understandings are merged in the Contract. No modification of the Contract shall be valid unless written in form and executed by both parties. Set-Off Rights The County shall have all of its common law, equitabl~, 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-offrights subject to approval by the County Attorney. In cases of set-offpursuant to a Comptroller's audit, the County shall only exercise such right after the finalization thereof, and only after consultation with the County Attorney. 9. Non-Discrimination In Services This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part L No person in the United States shall, on the grounds of race, color, religion,, sex~ sexual orientation, age, creed, ancestry, disability or other handicap or marital/familial status, military status or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. This Agreement is also subject to the requh, ements of Title VIII of the Civil Rights Act of 1968, known as the "Fair Housing Act", which provides that it is the policy of the United States to provide, within constitutional limitations, fair housing throughout the United States, and prohibits any person from discriminating in the sale or rental of housing, the financing of housing, or the provision of brokerage services, including in any way making unavailable or denying a dwelling to any person, because of race~ color, religion, sex, sexual orientation, age, creed, ancestry, disability or other handicap or marital/familial status, military status or national origin. The Contractor is required to administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing. In addition, the Contractor must make Community Development funds avail, able in accordance with the Fair Housing Act, Executive Order 11063, as amended by Executive Order 12259 (Equal Opportunity in Housing), Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans With Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and the requirements of Execntive Order 11246 (Equa. l Employment Opportunity), as amended by Executive Orders 11375 and 12086. 10. Constitutional Prohibition: in accordance with First Amendment Church and State Principles, the ConWactor shall comply with 24 CFR 570.2000) of the federal regulafinns.regarding the us6 of Community Development funds by religious organizations and CPD Notice 04-10. Page 10 of 34 Law NO. Rev. 10/30/08 Community Development Block Grant Contract IFMS No. 11. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venues shall be designated in the Supreme Court, Suffolk County, the United States District Court for the' Eastam District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. 12. No Waiver No waiver shall be inferred fi.om any failure or forbearance of the County to enfume any provision of this Contract in any particular instance or instances, but the same shall otherwise remain in full force and effect notwithstanding any such failure or forbearance. 13. 14. 16. 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 ofthe County. bo 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 al~er full disclosure is obtained. 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. Confidentiality Any document of the County, or any document created by the Contractor used in rendering the Services~ shall remain the propexty of the County and shall be kept confidential in accordance with applicable laws, rules, and regulations. Assignment and Subcontracting The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the Contract, or any of its fight, 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 eunsent of the County, and any attempt to do any of the foregoing without such consent shall be void ab initin. bo 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 be construed as enlarging 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 fi.om any term or provision of the Contract. Obligations of Contractor With Respect to Certain Third-Party Relationships: The. Contractor shall remain full~'obligated under the provisions of this Contract, notwithstanding its designation of any third party, or parties for the undertaking 6f all or any part of the.program for which assistance is being provided under this Ci)ntractto the C0nWactor: The Contractor shall comply with all lawful requirements applicable to the County as the applicant:under the Housing and community Development Act of 1974, as amended. Page 11 of 34 Law No. Rev. 10/30/08 Community Development Block Grant Contract IFMS No.. Any contract between the Contractor and a third-party subrecipient shall be in cQmpliancc with all applicable Federal, state, and local laws, roles and regulations and shall include the following provisions in a written agreement: a) A description of each task to be undertaken by the subrecipient, a schedule for completing each task and a budget ~'or each task. b) Specification of records, reports and data to be maintained or submitted. c) Designation of whether program income is to be returned to the Contractor or retained by the subrecipient. Where the subrecipient is to retain the program income, the specific activities to be undertaken with the program income shall be indicated, and all the provisions of the Contract shall apply to the activities undertaken. All program income shall be substantially disbursed for agreed-upon activities before the Contractor shall request additional cash withdrawals for the same activities. d) Requirement of compliance with applicable OMB Circulars. e) Compliance with the folio, wing Federal law and regulations: l) Public Law 88-352 the Civil Rights Act of 1964 and Public Law 90-284 known as the Fair Housing Act. 2) 3) Section 109 of the Act requiring that no person be excluded from participation or denied benefits, or be subjected to discrimination on the grounds of race, color, national origin, sex, creed, ancesU3', disability or other handicap or marital/familiar status. Section 1 l0 of the Act regarding labor standards for contractor or subcontractors performing construction work. 4) Section 202(a) of the Flood Disaster Protection Act of 1973. 5) Executive Order 11246 which prohibits discrimination in employment and Section 3 of the Housing and Urban Development Act of 1968 regarding the provision of employment to low income persons residing within the boundaries of the Consortium. 0 g) h) 6) 7) 8) 9) 42 U:S.C. 3535(d) 4821 and 4851 of the Lead-Base Paint Poisoning Prevention Act. 24 CFR Part 24 prohibiting the use of debarred, suspended or ineligible Contractor or subrecipients. 24: CFR Part 570.511 regulations prohibiting persons receiving benefits Who have a conflict of interest. 24 CFR Part 570.2000) which prescribes the use of CDBG funds by religious organizations. Indication that the Contract may be terminated for deffiult, inability, or failure to perform. Kequirement that any CDBG funds on hand or accounts receivable at the time of termination shall be returned to the Contractor: Provision to ensure that any real property under the subrecipient's control that was acquired or'improved in whole or in part with CDBG funds in excess of $25,000 is either: 1) Used to meet one of the national objectives for at least five year afler expiration of the Contract, or such longer period of time as determined appropriate by the County; or 2) Disposed of ~n.a manner which results in the Contractor being reimbursed in the amount of the current fair market value of the property less any portion attributable to expenditures ofnon-CDBG funds for acquisition of, or improvement to, the property. Page 12 of 34 Law No. Rev. 10/30/08 Community Development Block Grant Contract IFMS No. Provision to ensure ~hat: 1) No Federal appropriated funds have been p~id or will be paid,'by or on behalf of the subreeipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection With the awarding of any Federal cuntract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Contract. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal cun~rac~ grant, loan, or cooperative Cuntract' the subrecipiant shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 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 fmancial relationship, or any relationship within the third degree of consanguinity, between the Cor~tractor, its parmers, members, directors, or 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. ARer 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." The County shall have the right of prior approval of press releases and any other information provided to the media, in any form, concerning the Services provided pursuant to this Agreement. 20. Copyrights and Patents a. Copyrights If the work of the Con~ractor should result in the production of originnl 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, nonexclnsive license to produce, reproduce, publish, translate or otherwise use any such materials. 21. b. Patents 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 any other person designated by the County, a royalty-flee, nonexclusive license to produce or otherwise use any item so discovered or patented. Lawful Hiring of Employees Law in Connection with Contracts for ConstruCtion or Future Construction In the event that this Cuntract is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk County Code Chapter 234, es more full. y set forth in the Article entitled "Suffolk County Legislative Requirements", the Contractor shall maintain the documantation.mandated to bo kept by this law on the ¢ons'a'uction 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 hooks to indicate their presence on the Construction Site during such working hours. ·: End of Text for Article H Page 13 of 34 Law No. Rev. 10f30/08 .. Community Development Block Grant Contract IFMS No. Article HI Suffolk County Legislative RequirementS' 2.- 3o 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 CompS'oiler the verified public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-7 and shall file an update of such statement with the Comp~'nller on or before the 3 Ist day of January in each year of the Contract's duration. The Contractor acknowledges that such filing is a material, contractual and stetutory 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 fifieen percent (15%) of the amount of the Contract. Required Form: Suffolk County Form SCEX 2~; entitled "Contractor's/Vendor's Public Disclosure Statement" Use of County Resources to Interfere with CollectiVe Bargaining Activities It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chepter 466 of the Suffolk County Code. County Con~ractors (as defined by Section 466-2) shall anmply 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. The County of Suffolk 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 supervisom if the purpose of such meeting is to assist, promote, or deter union organizing. If the services are performed on County property the Con~a'actor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, nonintimidation 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 neutxality agreement. Under the provisions of Chapter 466, the County shall have the authority, m~der appropriate circumstances, 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-LO 1; entitled '*Suffolk County Department of Labor - Labor Mediation Unit Union Organizing !2ertlficationfDeclaration - Subject to Audit" 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. Page 14 of 34 Law No. Rev. 10/30/08 Community Development Block Grant Contract IFMS No. This Contract is subject to th6' Lawful Hiring of Employees Law of the County of Suffolk. It provided that all covered employers, (as defined), and the oWners thereof, as the case may be, that are recipients of compensation fi.om 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 i~ one hundred percent (100%) funded by the County, shall subntit a completed sworn affidavit (under penalty of perjury), the form of which is attached, ce~fying 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 Contract, lease 6r other financial compensation Contract with the County; and shall be made available to the public up?n request. All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case 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 sworn 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 Contract, lease or other financial compensation Contract 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 subconWactor no later than January 1 of each year for the duration of any conUact 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 this Contract. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate this Contract for violatinns ofthisLaw and to seek otherremedies available under the law. The documentation mandated to be kept by this law shall at all times 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 ~overed 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 Deparmaent of Labor-"Notice Of Application m 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. .. Gratuities It shall be the duty of*he Contractor to read, become familiar with, and comply with the requirements of Chapter 386 of thc 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 p~litical 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. Page 15 of 34 Law No. Rev. 10f30/08 Community Development Block Grant Contract IFMS No. Prohibition Against Contracting with Corporations that Reincorporate Ove~rseas It shall be the duty of the Cuna'actur 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 it is in compliance with Sections A4-13 and A4-14 of Article 1V 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 reinunrporated outside the U.S.A. 6. 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 1V 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 hereafter or of any other Suffolk County Local Law that may become applicable during the term of the Con~'act with regard to child sexual abuse reporting policy. Non Responsible Bidder It shall be thc 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 convigted 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 Sectiun 143-5 of the Suffolk County Code under "Nourespons~le Bidder." 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 An'icle 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. Work Experience Participation If the Contractor is a nonprofit or governmental agency or institution, each of the Conlractor'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 191amorandmn of Understanding ("MOU") with the Suffolk County Deper~nent 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 governmental agency or institution, shall enter into such MOU as soon as possible after the execution of the Conlract 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 Cona'act, for which the County may withhold payment, terminate this Contract or exercise such other remedies as may be appropriate in the circumstances. 10. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County website at htm://www.co.suffolk.nv.us." , Oo End of Text for Article HI Page 16 of 34 Law No. Rev. 10/30/08 .. Community Development Block Grant Contract IFMS No. Article IV Notices and Contact Persons Notices Relating to Payments, Reports, Insurance, or Other Submissions Any communication, notice, claim for payment, repo~ insurance, or other submission necessary or required to be made regarding the Contract shall be in writing, delivered az follows, and shall be given to the County or the Contractor, az the case may be, or their desi§nated representative at the following addresses or at such other address that may be specified in writing by the parties: By Personal Delivery and First Cla~s Mail; or First Class and Certified Mail, Return Receipt Requested; or by Nationally Recognized Overnight Courier; or Fax Transmittal; or Emall: Suffolk County Community Development H. Lee Dennison Building P.O. Box 6100 100 Veterans Memorial Highway Hauppaugc, N.Y. 11788 At,ua: Joseph T. Sanseverino, Office of Community Development Email: j oe.sanseverino(~co.suffolk.nv.us Fax No.: (631) 853-5688 and Christine Malafi, County Attomey Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 Emall: chfistine.malafi~suffolkcountvnv.~ov Fax No.: (631) 853-5169 Contractor: Atthe 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. Emall: Fax No. Notices Relating to Termination and/or Litigation a. In the event the Con~'actor receives a notice or claim or becomes a party (plaintiff, petitioner, defendant, respondent, third party complainant, third party defendant, etc.) to ~ny legal action or proceeding related to this Contract, the ConWaetor 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 az follows: Suffolk County Community Development H. Lee Dennison Building P.O. Box 6100 100 ¥~terans Memorial Highway Hauppauge, N.Y. 11788 Attn: Joseph T. Sanseverino, Office of Community Development Emall: joe.sanseverino~co.suffo/k.n¥.us Fax No.: (631) 853-5688 Page 17 of 34 Law No. Rev. 10/30/08 · Community Development Block Grant Contract IFMS No. Christine Malafi, County Attorney Suffolk County Department of Law H. Lee Dennison Building · 100 Veterans Memorial Highway Hanppauge, New York 11788 Emall: chrisfine.malafi(~.suffolkcountvnv.~,ov Fax No.: (631) 853-5169 and Christine Malafi, County Attorney Suffolk County Deparmaent of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 Email: Fax No. ConWactor: 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. Notices shall be deemed to have been duly delivered (i) if mailed, upon the seventh business day aRer the mailing thereof; or (ii) if by nationally recognized overnight courier service, upon the first business day subsequent to the mmsmitml thereof; or (iii) if perannally, pursuant to New York Civil Practice Law and Rules Section 311; or (iv) if by fax or email, upon the Iransmittal 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 Page 18 of 34 Rev. 10/30/08 · Community Development Block Grant Contract IFMS No. Article V General Payment 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 ConWactor 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 Cuntract. Either with the Contract (for the Services already rendered and expenditures already made) or not more than 30 days after the expenditures were made and in no event after the 31 st 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 rotes 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 dtiring the period. Time and attendance records ora 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 soch 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 Deparanent 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 ~'emedies that the County may have, failure ~o supply the required documentation will disqualify the Contractor from any further County cuntracts. c. Payment by County Payment by thc County shall be made within 30 days after approval of the Suffolk County Payment Voucher by the Comptroller. d. Budget Adjustments Payments to the Cuntractor are limited to funds deposited with the County pursuant to the Federal grant. Said payment to the Cuntractor shall be for approved project expenditures, not to exceed the budget as listed in Article VIII plus assigned program income. If requested by the Contractor, the County may increase or decreas~e the costs of any CD Project(s), subject to applicable I-IUD regulations and approval by the County, with the understanding that the total -allocated to the Con~ctor as specified in Article VIII hereof, shall remain unchanged unless such change is approved by the County, and provided that the funding committed does not exceed the amount of grant award plus assigned program e. Taxes The charges payable to ~e. ConWactor under the Contract are exclusive of federal, state; and local taxes, the County being a municipality exempt from payment of such taxes. Page 19 of 34 Law No. Rev. 10/30/08 Community Development Block Grant Contract IFMS No. Final Voucher '~ ' The acceptance by the Contractor of payment of ail bi]lings made on the final approved Suffolk County Payment Voucher shall operate as and shall be a release of the County f~om all claims by the Contractor. Subject to Appropriation of Funds The Conwact 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 ConU'actor shall not be reimbursed for any project or part thereof, other than administrative activities, which occurred prior to HUD's "Notice of Removal of Grant Conditions and Release of Funds." (See A~cle VII). Activities which require compliance with Federal regulations 24 CFR Part 58 environmental standards as a condition precedent to Release of Funds are attached hereto as Article VII and made part hereof, this includes the filing for Environmental Review as appropriate. Compliance with Environmental regulations shall also apply to all new or revised activities developed subsequent to the execution of this Agreement. 3. 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 mae 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. bo 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. 4. Accounting Procedures The Con~'actor shall maintain accounts, books, records, documents, other evidence, and accounting procedures and practices which sufficiently and properly reflect ail direct and indirect costs of any nature expended in the performance of the ConWaet in accordance with generally accepted accounting principles and with rules, regulations and financial directives as may be promulgated by the Suffolk County Depamnentof Audit and Control:and! Department. The Contractor shall permit inspection and andit of such accounts,books, records, d0cumants and. other evidence by Dep ,ar~nant and the Suffolk County Comptro]ler, or their represuntativas,.as oilen as; in,their' Page 20 of 34 Law No. Rev. 10/30/08 .. Community Development Block Grant Contract IFMS No. 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 o[ seven (7) years alter 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 aceass and the right to examine any of said materials during said period. Such access is granted notwithstanding any exemption fi.om disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade searets and commercial 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 Tenn. 5. 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 Deparlmant shall have access to and the right to examine, audit, excerpt, copy or transcn~oe any pertinent transactions or other records relating to services under the Contract. The Contractor's failure to cooperate in any Audit of Financial Statements shall be an Event of Default. If such an audit discloses overpayments by the County to the Contractor, within thirty (30) days niter 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 fi.om any amounts due or becoming due to the Contractor fi.om the County under the Contract or otherwise. b. The provisions of this paragraph shall survive the expiration or termination of the Contract. 6. Financial Statements and Audit Requirements bt Co Notwithstanding any other reporting or ceffification 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" (Janumy 1 to December 31) in which the Contractor has received, or will receive, $300,000 or more fi.om 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 reflectingthe accounting records of the Contractor in accordance with generally accepted accounting ptinciples. The Cantxactor is encouraged to solicit requests for proposals fi.om 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, ~s applicable; and iii.) a satisfactory peer review issued within not more than three yea~s 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 clearl'y~lifferentiate 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 Auditur must also prepare a Management Letter based on the audit. page 21 of 3~ Law No. Rev. 10/30/08 Community De~,elopment BlOck Grant Contract 1FMS No. f. 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 fi-om Federal awarding agencies, or as a subrecipient expending Federal awards received fi.om a pass-through entity, such as New York State or Suffolk County, during any fiscal year within which it receives funding under the Con~act, the audit must be conducted, ~nd the audit report ("Single Audit Report") must be, in accordance with OMB Circular No. A-133 (revised June 27, 2003). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass- through entity, to the ex~ant required by the OMB Circular referred to above. The Conlractor must submit to the County a statement in writing, certified by its chief financial officer, which states thc amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must mail or deliver the certified statement to Deparlment 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, Hauppauge, 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. Copies of all financial statements, Management Letters, Single Audit Reports and other audit reports must be transmitted to Depar~ent and to the Executive Director of Auditing Services at the address set forth above. The reports must be submitted within thirty (30) days after completion of the audit, but in no event later than nine (9) months afl-or the end of the Contractor's fiscal year to which the audit relates. These requirements do not preclude the Depax'anant or the Comptroller or their authorized representatives or Federal or State auditors fi.om 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. The Cunlractur agrees that it will comply with the applicable provisions of Federal Office Management and Budget Circulars A-87~ A-110, A-128 and 27 CFR Part 85. i. The provisions of this paragraph shall survive the expiration or termination of the Contract. 7. 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, orifthe County exercises its option right, the Contractor shall attach athen current Statement of Other Contracts. 8. 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. Duplicate Payment from Other Sources Payment by the County for the Services shall not duplicate payment received by the Contractor from any other c. Funding Identification The Contractor shall promptly submit to the County upon request, a schedule for all programs funded by the County itemizing for each such.program the sums received, their source and the total program budget. Page 22of35 Law No. Rev. 10/30/08 Community Development Block Grant Contract IFMS No. d. Payments Contingent upon State/Federal Funding Payments under the Contract is subject to end contingent upon continued funding by the federal govemmant~ In such event, no payment shall be made until the Contn~ctor submits documentation in the manner end form as shall. be required by the federal government. If[ate submission of claims precludes the County from claiming federal reimbursement, such late claims shall not be honored. If, for any reason, the full araount 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 Deparh'uent, provided that eny 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 un Event of Default. e. Denial of Aid Ifa State or Federal government agency is funding the Contract end 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 ofeny act, omission or negligence on the part of the ConWactor, then the County may deduct and withhold from eny payment due to the Contractor en amount equal to the reimbursement denied by the state or federal government agency, end the County's obligation to the Contractor shall be reduced by eny such amounts. In such un event, ffthere should be a balence due to the County after it has made a final payment to the Contractor under the Contract, on demend by the County, the ConWactor shall reimburse the County for the amount of the balence 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 Conlxactor to obtain Federal or State funds due to eny act or omission of the Contractor shall be an Event of Default. f. Budget The Contractor represents end agrees that the Budget, as listed in Article VIII,. at~ached hereto and made a part herenfplus program income assigned to the Contractor by the County, includes all costs of materials, appliances, tools and labor needed by the Contractor to undertake the CD Project(s). g. Payment of Claims Upon receipt of a Suffolk County Payment Voucher, the County, at Ws discretion, may pay the Con~xactor during the Term, in advence, an amount not to exceed one sixth (1/6) of the maximum amount to be paid by the County set forth on the first page of the Contract h. Payments Limited to Actual Net Expenditures The Contractor agrees that if, for eny reason whatsoever, the Contractor shall spend during the Term for the purposes set forth in the Contract en 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, end amounts received end that the.total amount to-be paid by the 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 then 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 end submit such payment to the County, along with the final Suffolk County Payment Voucher. No Limitation On Rig.h. ts Notwithstanding anything in this Article V, the County shall have available to it all rights end remedies under the Contract and at law and equity. End of Article,V Page:23; o£ 3~4~ Law No. Rev. 10/30/08 · Community Development Block Grant Contract Article VI 1FMS No. Federal Requirements 1. Grant Administration: a) Authorization: Notwithstanding any other provision of this Agreement, the Contractor must submit evidence, and the County must certify, prior to any commitment of funds under this Agreement, that all grant responsibilities have been met and are in accordance with applicable regulations. Upon such certification, the County will give notice authorizing the Contractor to begin CD Project(s). b) Supervision: It is agreed that the nature and extent of the CD Project(s) undertaken pursuant to this Agreement shall be subject to the general supervision of the County. The County as applicant is primarily responsible for the program. The Contractor agrees to comply fully with rules, regulations, criteria, guidelines and expenditure controls heretofore adopted or to be adopted by the County and Federal Governments pursuant to law. 2. County-Contractor Relationship: The relationship of the Contractor to the County shall be governed as expressly provided for in the Suffolk County Cooperation Agreement and this Agreement. 3. National Objectives: Contractor certifies that the CD projects carried out under this Agreement meet the National Objectives as defined in 24 CFR 570.208. 4. Performance: The Contractor agrees to begin work on its CD Project(s) within a reasonable time after the effective date of this contract and meet timely expenditure requirements. The Contractor will be considered to meet timely requirements if by January 15~ of each year its total balance of unexpended funds from all program years does not exceed 1.5 times the Cuntmctor's most recent annual Commun!ty Development allocation. If the Contractor has unexpended balances from previbus years' funding, which are from four or more years prior to the current program year, or If the Contractor has a past history of not meeting timely expenditure requirements, or If the Contractor, by Ianuary I5t~ has a total balance of unexpended funds from all program years, which exceed 1.5 times the Contr~. ctor's most recent annual Community Development allgeatiun, the County may take the following actions either singularly or in combination: a) b) c) d) e) 0 g) Require the Contractor to submit information to the County regarding the reasons for lack of performance and actions being taken to remove the causes for delay. Require the Contractor to demonstrate to the County that the Coflffaetor has the capacity to cart3, out CD Project(s) and meet Community Development timely expenditure requirements. Require the Contractor to submit to the County progress schedules for completing CD Project(s) in compliance with Commmaity Development timely expenditure requirements. Issue a letter of warning to the Contractor advising that more serious sanctions will be taken if the deficiency is not corrected or is repeated. Require the Contract.or to suspend, diseontiune or not incur costs for CD Project(s). Condition or reduce th~.Contractor's allocation of Community Development funds in the succeeding year. Reduce the Contractor's atlocafiun of Community Development funds in the current year by 100 percent of the total balance ofunexpended funds, from all program years, which exceed L5 times the Contractor's most recent annual Community Development allocation. page~2~[~of.3~: Law No. Rev. 10/30/08 .. Community Development Block Grant Contract IFMS No. 5. Citizen Participation: -' The ConWactor agrees to provide citizens with adequate information concerning the amount of funds available for proposed Community Development projects, the range of eligible activities, and other important program requirements. The Canna'actor also . agrees to provide citizens with adequate opportunities to articulate needs, express preferences about proposed activities, assist in the selection of priorities, and otherwise assist end participate in the development of the Housing and Community Development Program. Pursuant to this requirement, each Contractor shall hold at least one public hearing during the annual application preparation period, prior to the submission to HUD. The County shall also hold at least one pre-submission public hearing. 6. Flood Disaster Protection: This Agreement is subject to Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) which provides that no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes (as defined under Section 3(a) of said Act (42 U.S.C. 400(a)), one year aRer a community has been formally notified of its identification as a community containing an area of special flood hazard, for use in any area that has been identified by the Director of the Federal Emergency Management Agency as an area having special flood hazards unless the community in which such area is situated is then participating in the National Insurance Program. Notwithstanding the date of HUD approval of the recipient's submission of the grantee's annual action plan, funds provided under this part shall not be expended for acquisition or construction purposes in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hn~nrds unless the community in which the area is situated is participating in the National Flood Insurance. Program in accordance with 44 CFR Par~s 59-79, or less than a year has passed since FEMA notification to the community regarding such hazards; and flood insurance is obtained in accordance with Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Federal Government as having special flood hazards and in which the sale of flood insurance has been made available under the Flood Insurance Act of 1968, as amended, 42 USC 4001, et. seq., provisions obligating the transferee end its successors or assigns to obtain and maintain, during the ownership of such lend, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required, notwithstanding the fact that the conslruction on such land is not itself funded with assistance provided under this Agreement. 7. Equal Employment Opportunity and Affirmative Action: a) Equal Opportunity: In carrying out the Community Development Program, the Contractor shall ensure that no person, on the grounds of mca, color, creed, ancestxy, disability or other handicap, age, marital/familial status, military status, national origin, sexual orientation, religion or sex be excluded from participation in, be denied thn benefits of, or be subjected to discrimination under any progrmn or activity funded in whole or in part with Community DevelOpmentBlock Grant funds. The Conlractor shall take aftkmative action to insure that applicants for employment are employed, and that employees are ~rented during employment, without regard to their race, golor,:creed, ancestry, disability or other handicap, marital/familial status, military status, religion, sex, sexual orientation, age or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for Iraining, incinding apprenticeship. The Con~ructor shall post in conspicuous places, available to employees and applicants ia employment, notices to be provided by the Federal-Government setting forth the provisions of this non-diseriminatiun clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to mca, color, religion, sex, sexual orientation, age, creed, ~nceslry, disability or other handicap, marital/familial status, military status, or national origin. The ConWactor shall incorporate the foregoing requirements of this Subparagraph a in all of its conlructs for program work, except contracts governed by Subparagraph b of this Paragraph, and will require all of its contractors for such work to incorporate such requirements in all subc~h .~acts for program work. The Contractor shall have its own Affii'mative Kction Plan which meets Federal requirements on file with the County Community Development Offii:O and:approved by HUDor be bound by a Cunsortium-wide Aflh-mative Action Plan l?age:25~ o~3~ Law No. Rev. 10/30/08 . Community Development Block Grant Contract IFMS No. developed hy the County and applicable to local personnel funded with Community Development Block Grant funds. The County Community Development Director shall be designated as the Consortium's Affirmative Action Officer. Separate Community Development Agencies, will be required to develop and implement their own Affkmative . Action Plan, unless such a plan has alrea~ty been developed and approved by HUD. The Agency's Plan must be submitted to the U.S. Department of Houaing and Urban Development for its review and approval. If the Plan is not acceptable to the County or HUD, the Community Development Agency will be required to submit a revised Plan(s), until approved by HUD. All employees of the Contractor paid with CDBG funds must meet all New York State Civil Service Requirements for employment; however, this provision shall not apply to any Community Development Agency or its employees. b) Contracts Subject to Executive Order 11246, as amended, shall be subject to mid Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted consm~ction contracts. The Contractor shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or part with assistance provided under this Contract, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: I. The Contractor will not discriminate against any employee Or applicant for employment because of race, color, religion, sex, age, creed, ancesiry, disability or other handicap or marital/familial status or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, flee fi.om such discrimination. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause. The Contractor will, in all solicitations for advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race,, color, religion, sex, age, creed, ancestry, disability or other handicap or marital/familial status or national origin. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining Contract or other contract or understandin~ a notice to be provided by the contract Compliance Officer advising the said labor union or workers representatives of the Contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will comply with ali provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports r~iuired by Executive Order 1.1246 of September 24, 1965; 24 CFR 570.603; and 24 CFR 570.607; and by the rules, regulations, and orders of the Secretaries of Labor and Housing and Urban Development, or pursuant there'to, and will permit access to his books, records and accounts by the Federal Government and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the Contractor's non-compliance with the non discrimination clauses of this contract or with any of such r~l~s, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally assisted:coustruction contract procedures authorized in Executive Order 11246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Page Law No. Rev. 10/30/08 Community Development Block Grant Contract IFMS No. The Contractor will include the portion of the sentence imme~ately preceding Paragraph 1 through 7 in every subcontract or purchase order unless exempted by roles,' regulations, or orders of the Secretary of Labor issues pursuant to Sectibn 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Con~'actor wi]] take such action with- respect to any subcontract or purchase order as the Federal Government may direct as a means of enfoming such provisions, including sanctions for non-compliance; providing, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a "result of such direction of the Federal government, the Contractor may ~:equest the United States to enter into such litigation to protect the interest of the United States." Thc Contractor fu~er agreas that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federaliy-assisted construction work; provided, however, that if the ConWactur so participating is a s~atc or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under thc contract. The Conlractor agrees that it will assist and cooperate actively with the Federal Government and the Secretary of Labor in obtaining the compliance of cunlraetor's and subcontractors with the equal opportunity clause and the roles, regulation, and relevant orders of the Secretary of Labur; that it will furnish the Department and the Secretary of Labor such information as they may require for the supervision of such compliance and that it will otherwise a~sist the Federal Government in ~e discharge of its primary responsibility for securing compliance. The Con.actor further agrees that it will refrain fiom entering into any contract or conU'act modification subject to Execmive Order 11246 with a contractor debarred from, or who has not demunsU'ated eligibility for, Government cun~'acts and Federally- assisted construction cuntracts pursuant to the Executi~,e Order and will carry out such sanctions and penalties for violation of the equal opportunity clause by any Government Contractor in accordance with procedures established by the Secreta~ of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undemkings, the Federal Government may take any or all of the following aetiuns: cancel, terminate, or suspend in whole or in part the grant or loan guarantees; refrain from extending any fiuther assistance to the Contractor under the program with respect to which the failure or refusal occurred until the satisfactory assurance of future compliance has been received from such Contractor, and refer the case t? the Department of Jnstice for appropriate legal proceedings. d) Section 3 of the Housing and Urban Development Act The Con~ractor shall comply with Section 3 of the Housing and Urban Development Act of 1968 as same may be amended fiom time to time. In planning and caring out Community Development projects, the Con.actor shall ensure, to the greatest extant feas~le, that opportunities for training and employment be given to lower income persons residing within the boundaries of the County consortium and that cun~aets for work on Community Development projects be awarded to elig~le business eonce, ros which are located in or owned in substantial part by persons residing within the boundaries of the Consortium. The Contractor shall cause or require to be inserted in fall, in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set forth in 24 CFR 135.20(b). The Contractor shall provide such copies of 24 CFR Par~ 135 as may be necessary for the informat~o~n of parties to conWacts required to contain the Section 3 clause. e) Minority Business and Women's Business Enterprise The Contractor must comply with Executive Orders 11625 and 12432 and at a maximum make good faith efforts to encourage the use of minority and women's business enterprise in connection with Community Development funded activities. The Con. actor, to the'maximum extent possible, shall ensure the inclusion of minorities and women, and entities owned by minorities and:women, including; without limitation, real estate firms, constructiun firms, appraisal firms, management finns, financial institutions, invesUnant banking firms, underwriters, accountants, and providers of legal services, in all con~racts entered into with such persons, or entities, public: and:private, in order to facilitate the activities of the Community Development Program. ' · page:27 of 34i Law No. Rev. 10/30/08 .. Community Development Block Grant Contract IFMS~No. 8. Lead Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is Subject to the requirements of 24 CFR Part 35, subparts A, B and R and subpam C through M when applicable. Any rehabilitation or acquisition.of residential smactares by the Cunlxactor with assistance provided under this Agreement shall b~ made subje, ct to Leac[-Based Paint Poisoning Prevention, and the Contractor shall be responsible for notifications, cerdfied hazard evaluations, certified hazard reduction, certified safe construction work places, certified clearances and record keeping. 9. Fire Prevention and Control Act: Housing assistance provided in the form of a grant, contract, loan guarantee, cooperative Agreement, interest subsidy, interest or direct appropriation under this Contract is subject to the provisions of the Fire Administration Authorization Act of 1992 (Pub. L. 102-522). The Contractor shall be required to comply with applicable fire protection and safety standards. 10. Federal Labor Standards Provisions: The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as mended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The CunWactor agrees to comply with the Copelund Anti-Kick Back Act ( t 8 U.S.C. 874 et seq. ) and its implementing regulations of the U.S. DeparUnent of Labor at 29 CFR Part 5. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Deparlment for review upon request. The ConWactor agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all cunWactors engaged under conWacts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this conWact, shall comply with Federal requirements adopted by the Department pertaining to such cunWacts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts l, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the CunWactor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full; in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. I1. Compliance With Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857, et. seq.; the Federal Water Pollution Control Act, as amended, 33 USC 1251, et. seq.; and the regulations of the Environmental Protection Agency with respect thereto, at40 CFR 15, as may be amended from time to time. In compliance with said regulations, the Contractor shall cause or require to be inserted in full in all contracts and subcon~"acts with respect to any non-exempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: A stipulation by the conlractor or subcontractors that any facility to be utilized in the performance of any non- exempt contract or subcontract is not listed on the List of ViOlatifi~ Facilities issued by the Enyironmental Protection Agency (EPA) pursu .ant to 40 CFR 15.20. b) Agreements by the Contractor to comply with all their requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, envy, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. Page 28 of 34 Law No. Rev. 10~0~8 Communi~ DevelopmentBIock GrantContract IFMS No. c) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received fi.om the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. d) Agreement by the Contractor that he will include or cause to be included the criteria and requirements in subparagraphs a through d of this Paragraph in every non-exempt subcontract and requiring that the Contractor will take such action as the Federal Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section I 13(c)(I) of the Clean Air Act or Section 209(c) of the Federal Water Pollution Control Act. 12. Relocation Assistance and Acquisition of Real Property: The Contractor shall provide fair and reasonable relocation payments and assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the government-wide URA regulations at 49 CFR Part 24, tn or for families, individuals, partnerships, corporation, or associations displaced as a result of any acquisition of real property for un activity assisted under the program. The Contractor shall inform potential displaced persons. 0fthe benefits, policies and procedures provided for under HUD regulations. The Contractor shall carry out the relocation process in such a manner as tn provide such displaced persons with uniform and consistent services, including any services required to insure that the relocation process does not result in different or separate treatment to such displaced persons on account of their race, color, religion, national origin, age, sex, or source of income. In acquiring real property, the Contractor should be guided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the government-wide UPA regulations at 49 CFR Part 24. 13. Consolidated Plan: The Contractor, as party to the Community Development Program, and as a participant in the Suffolk County Consortium, acknowledges that it is contractually and otherwise legally bound per prior resolution of its governing body to use its best efforts to ensure the carrying out of the goals of the Consolidated Plan approved by HUD. The Contractor shall also be contractually and legally bound to use its best efforts to ensure the carrying out of the Consolidated Plan which is currently in effect. 14. Displacement: This Agreement is subject to the requirements of Section 104(6) of the ACT which requires the implementation of a policy to minimize the displacement of persons fi.om their homes and neighborhoods and to mitigate adverse effects of such displacement on low and moderate income persons. In accordance, the Contractor shall follow the Suffolk County Community Development Consortium Policy and Procedures on Displacement when implementing CD Proje~.te. 15. Books and Records of Accounting: The Contractor agrees that it shall keep and maintain separate books of account ahd records concerning all costa incurred in the performance of this Agreement, and that it shall have available for audit and inspection by the County or by authorized representatives of HUD, all the Contractor's ~acilities, books and other financial and statistical data, whether related to the CD prOject(s) or other.vise: The Contractnr. agrees to maintain or submit to the County, as individually required, the following data or documents, or information to complete tim following documents: Project Description Forms Environmental Survey Page 29 of 34 Law No. Rev. 10/30/08 COmmunity Development Block Grant Contract 1FMS No. · Demographic Survey · Budget Modifications HUD/EEO-4 Employment Data Form · Minority Business Enterprise Report · Other data as may be required by HUD 16. Program Income: The County shall assign program income generated by the Contractor for the purpose of carrying out eligible Community Development activities. All provisions of this Agreement shall apply to the use of program income assigned to the Cun~actor by the County. The Contractor shall inform the County of all income ganemted by the expenditure of Community Development funds received by the Contractor and to substantially disburse assigned program income for eligible Community Development Activities before additional cash withdrawals are made by the County fi-om the U.S. Treasury for the same activity. The County will require at the end of the program year, the remittance by the Contractor of all or part of any program income balances (including investments thereof) held by the Contractor (except those needed for immediate cash needs, cash balances ora revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). Ifa Contractor withdraws fi.om the Suffolk County Consortium prior to the expiration of the Cooperation Agreement between the Contractor and the County, all program income received and not expended in accordance with this Agreement shall be due and payable to the County. 17. Real Property: Real property acquired or improved in whole or in part using Community Development funds that is within the control of the Contractor shall require the following actions: a) b) The timely notification of the County by the Contractor of any modification or change in the use of the real property fi.om that planned at the time of acquisition or improvement including disposition; Reimbursement of the County in an amount equal to the current fair market value (less any portion thereof am'ibutable to expenditures of non-Community Development funds) ofpropere/acquired or improved with Community Development funds that is sold or transferred for a use whiqh does not qualify under the Community Development regulations; and, c) Return of program income to the County generated fi.om the disposition or transfer of propen'y prior to or subsequent to the close-out, change of status or termination of the Cooperation Agreement between the County end the Contractor. lg. Reversion of Assets: Any real property under the Contractor's control that was acquired or improved in whole or in part with Community Development funds in excess of $25,000 shall be either: a) Used to meet one of the national objectives in 24 CFR Part 570 until five (5) years afier expiration of this Agreement or termination of the Cooperation Agreemen.t,.or such longer period of time as determined appropriate by the County; or b) Disposed of in a manner which results in the County being reimbursed in the amount of the current fair market value of the property less any pordon thereof at~ributabl'e to expenditures of non-Community Development funds for acquisition of, or improvement to, the property. 19. Procurement of Equipment, Supplies and Materials: o The procurement of equipment, s~rvices, materials and supplies shall be undertaken in accordance with the requirements of 2~ CFR 85, Administrative Requirements for Grants and Cunpemtive Agreements to Local Governments. Page 30 of 34 Law No. Rev. 10/30/08 Community Development Block Grant Contract IFMS No. The Contractor shall maintai~ ~in inventory of non-expendable personal property in accordance with 24 CFR 85 and title to all the materials, appliances, and tools, purchased with funds provided.under this Agreement, shall vest in the ConU'actor and shall be used, managed and disposed of in accordance with 24 CFK Part 85. 20. Use of Federal Funds for Lobbying: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal conUact, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal cunlrnct, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal conU~act, grant; loan, or cooperative Contract, the Contractor shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. Thc Contractor shall require that the language of this certification be included in the award for all subawards at all tiers (including subconWacts, subgrnnt~, and conWacts under grants, loans, and cooperative agreements) and that all subrecipient~ shall certif~ and disclose same accordingly. 21. Political Activities: The Contractor shall be governed by the provisions of the Hatch Act (5 USC 1501, et. scq.) regarding employees' political participation. 22. Funding Identification: The Contractor shall keep the County apprised of any grants or sources of funding received for the Program aa and may retain any such funding that results in enhancement of services and does not duplicate funding for the program covered by this Agreement. if the program covered by this is funded in whole or in part by other governmental agencies, it is agreed that the funding by the County under this Agreement shall be reduced or refunded to the County to the extent that such other funding duplicates funding for the program covered by this Agreement_ 23~ Offset of Arrears or Default: The Contractor wan'ants that it is not, and shall not be during the term of this Agreement, in arrears to the County for taxes or upon debt or conS'ant end is not, and shall not be during the term of this Agreement, in default a~ surety, Contractor or otherwise on any obligation to the County, and the ConU'actur agree~ that the County may withhold the arnonnt of any such arrearage or default from amounts payable to the Contractor under this Agreement. 24. Effective Dates:- This Agreement shall commence on the date of grant approval by HUD, and shall terminate (1) with the completion of all the aforementioned CD Project(s), and (2) with the completion and acceptance of an audit by HUD and the County. 25. Force Majeure: Neither party shall be held responsible for any delay or failure in performance hereunder to the extent such delay or failure is caused by fire, flood, explosion, war, st~ke, embargo, civil or military authority, act of God, act or omission of carriers, power failure or similar causes beyond its control ("ford6 m. ajeure conditions"). If any force majeure condition occurs, the party delayed or unable to perform shall give immediate notice to the other party. Page 31 of 34 Law No. Rev. 10/30/08 Community Development Block Grant Contract IFMS No, Article VII ENVIRONMENTAL REQUIREMENTS CONDITIONAL APPROVALS ON USE OF FUNDS TOWN/VILLAGE OF SOUTHOLD 2009 (YEAR 35) 1. Funds may be obligated or utilized for the payment of responsible administrative costs related to the planning and execution of projects listed below and other related activities specified under 24 CFR 58.34 as exempt from environmental review requirements, including eligible planning, design and environmental activities. However, a determination must be documented in writing that each activity or project is exempt and meets the conditions specified for such exemption under this section. 2. The obligation Or utilization of funds for the activities shown.below, except as provided under section (1), above, is prohibited without the further express written authorization of HUD through a Release of Funds: PROJECT NUMBER 100102-03E-09 PROJECT · Southold Recreation Center BUDGET 19,500.00 100301-14A-09 Home Improvement Program 77,500.00 102801-05L-09 North Fork Early l~eaming Center 7,500.00 104901-05L-09 Robert Perry Day Care Center 7,500.00 105701-05-09 Community Action Southold Town 5,000.00 109901-2 lA-09 AdminisWation 13,000.00 Total Budget 130,000.00 Page 32 of 34 Law No. - Rev. 10/30/08 .. Community Development Block Grant Contract WMS No. Article VIII Project Descriptions and Budget (Description of Services) The projects attached hereto have been approved for the receipt of federal Community Development Block Grant assistance. Project expenditures are not to exceed budgeted amount as described in the attached project description forms plus assigned program income unless approved by the County. Page 33 of 34 Grantee Name: SUFFOLK COUNTY CPHP Version 2.0 Project Name: 0001-CONSORTIUM HOME IMPROVEMENT PROGRAM ' Description: I IZOZS Project #: 10003.-14A-09 lUOG Code: INY369103 SUFFOLK COUNTY Grants and deferred loans to Iow and moderate income home owners for home improvements. Town of Brookhaven: $690,000; Town of Rlverhead: $80,000; Town of Smithtown: $50,000; Town of Southampton: $30,000; Town of= Southold: $77,500; LHH Location: t~~ ----- ~~ Consortium-wide Select one: [Owner Occupied Housing Explanation: Expected Completion Date: 3/31/203.3 -- Objec~e Category ~) Decent Hous~eg (~ Suitable Living Environment © Econo icOpporm ity Outcome Categories i Improve the qualib/df owner hcus~ng [] Availa bilib//Acces~ bilib/ [] Affordability 2 [] Sustalnability 3' . 10 Housing Units ' I' Proposed 48 !AccompI. Type: I' Proposed M Underway Underway ~ ~ Complete Complete ~ ~ AccompLType: I~' ;Proposed AccompI. Type: II' Proposed ~ ~ Underway Underway '~ E~ complete complete ~ Underway Underway Complete ComPlete Proposed Outcome Performance Measure Actual Outcome NUMBER OF UN]TS UN~TS BROUGHT FROM SUB° REHAB~L.rFATED STANDARD TO STANDARD ~ Actoal Amoont -~'~'! Amount I* propoaed mt. oo,ooo Propo.d Actual Amount ~ Actual Amount .~~o~p,. T~: I" ~repoa~d.U.its ~l ^~or~.r~: t" 'i;';epoaed Uo~ts O~t a, ctual Units ~1 I Actual Units ~. Accompl. Type: I ~ Proposed Units Accom~l. Type: ~' Proposed Units Actual Units Actual Units Project (1) CPMP Grantee Name: SUFFOLK COUNTY CPNP Version 2.0 Project Name: 1001-SOUTHOLD. RECREATION CENTER Description: 55 IIDTS Project #. 1100102-03E-09 IUOG Code: ]NY369103 SUFFOLK COUNTY TOWN OF $OUTHOLD Removal of architectural barriers at Town Recreation Center to allow elcledy and diSabled persons access to the facility. Installation of a handicap lift:, LMC Location: . 1170 Peconic Lane Peconic, NY 11958 Select one: I Public Fadlities Explanation: Expected Completion Date: 3/31/2012 - Objective Category 0 Dece~t Housing ~) Suitable Living Environment 0 Economic Opportunity ~ ...... ~~.~_..~-_ Outcome Categories I Improve quality / increase quanUty of neighborhood fiadllties for Iow-income persons v [] Aveilability/Acco~ibility Proposed ~C Underway Underway ~t Complete Complete E I~ v Proposed ~ Ax:~ornpL Type:, AccompL Type: I TM Proposed ~ ~. Underway Underway '~* E complete complete ~ Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome NUMBER OF PERSONS NEW ACCESS TO A FACILt'P~ ASSISTED ~- Actual Amount ~ A~'_'_=! Amount I Proposed Amt. ~. Fund Source: I v I Proposed Amt. Fund Source: ~J A,~,,~! Amount E Actual Amount ~: Actual Units ~ A,.~-.=,! Units O I Proposed Units ~ Accompl. Type: I~' i Propose"Actual UnitsUnits Accomp,. T pe:,, Units Project (55) CPMP Grantee Name: SUFFOLK COUNTY CPHP Version 2.0 Project Name: Z028-NORTH FORK EARLY LEARNING CENTER Description: 156IZDlSProject #: 11o280z~05L-09 luoG Code: INY369103 SUFFOLK COUNTY TOWN OF SOUTHOLD Provision of day care to Iow and moderate income families LHC Location: 150 Aldrich Lane ~ , , Public Laurel, NY 11948 Select one: Explanation: Expected Completion Date: 3/31/2011 O Decent Housing (~ Suitable Living Environment Economic Opportuni~ . . :-. [] Outcome Categories 11 Improve t~e services'for iow/mod income persons [] Availability/Accessibility 0! People I TM PropoSed 20 Accom01. T~ge: ,I ~' Proposal ~' 'Underway Underway · Complete Complete Accompl. Type: ~' Proposed Accompl. Type: I TM Proposed -- Underway Underway '*E Complete Complete § AccompL Type: t ~' Proposed Accompl. Type: t ~' Proposed ~: Underway Underway Complete Complete Proposed Outcome Performance Measure Actual, Outcome NUMBER OF PERSONS NEW ACCESS TO A SERVICE ASSZSTED ~ ~SG '~' ~ropesed Amt. 7,500 ,=uod Source: ? I Propoeed Amt. ~. Actual Amount Actual Amount ~. Fund Source: I ~' Proposed Amt- I Fund Suurce: I ~, I Proposed Amt. Actual Amount Actual Amount O Actual Units Actual Units ~. AccompL Type: I le Proposed Units ~ AccompL Type: I TM Proposed Units Actual Units~1~1 Actual Units Project (56) CP.M P Grantee Name: SUFFOLK COUNTY C°MP Version Project Name: 1049-ROBERT PERRY CHILD DAY CARE CENTER Description: 157 IZDZS Project #:' 110490:L-05L-09 . lUOG Code: INY369103 SUFFOLK COUNTY TOWN OF SOUTHOLD Provision of assistance to a child care center servicing Iow and moderate income families in the Greenport area. LMC Location: . , 612 Third Street LPUblic Se~ces ~_~ Greenport, NY 1~.944 Select one: Explanation: Expected Completion Date: - Objective Catego~' C) Decent Housing ~) Suitable Uving Environment 0 Economic Opportunity -- :~=:~-~'~= ....... :-~--~ ~ Outcome Categories i Improve fl~e services'for Iow/mod income persons [] Availabilib//Acce~ billty [] Affordability 2 Sustainabllity 3 ~~ Underway Underway i ~ Complete Complete U '- ' Underway Underway '~ E complete complete ,~ Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome NUMBER OF PERSONS NEW ACCESS OF A SERVICE A$$I:~fED ~. Actual Amount m, Actual Amount ~. ; Fund. Source: I. t Proposed Amt. ~11 Fund Source: I~' Proposed Amt. Actual Amount ~1 Act.al Amount [ Accompl. Type: I' [ Propos~d. UnitsActual Units ~ Accompl. Type: l' ActuaIPr°p°SedunitsUnits Actual Units~1 Actual Units Project (57) CPMP Grantee Name: SUFFOLK COUNTY CPMP Version 2.0 Project Name: I057-COMMUN~'I'Y AC ~ 1ON SOUTHOLD TOWN Description: 58 IZDZS Project #: 1105701-05-09 IUOG Code: INY369103 SUFFOLK COUNTY TOWN OF SOUTHOLD Provision of emergency assistance, food, clothing and shelter for homeless and Dower income persons provided ~hrough CommuniW Action Southold Town, [nc. Location: 7379 Route 25 Greenpor~, i~Y 11944 Select one: IpublicService~ Explanation: Expected Completion Date: 3/31/2011 - Ob~'~dve Category (~ Decent Housing ~) Suitable Uving Environment 0 Economic O~por~uni~ ~ - Outcome Categories i Improve t~e services'for Iow/mod income persons [] Availability/Accessibilib/ [] Affordabili~/ 2 [] Sustainabilib/ 3 ~ 01 People [ ~' IProposed 50 Accompl. Type: I ~' Proposed ~ Underway Underway ~ Complete Complete E mpI. l' Proposed mpl. u '- Underway Underway '~ E complete complete < UnderwaY Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome NUMBER OF PERSONS NEW ACCESS OF A SERVICE ASSISTED 0S Public Sewlces (General) 570.201(e) I' 1 Matrix Codes · -ICDBG I~' Proposed Amt. !5,000 ~F~ndso~rce: IT Proposed Amt. ~- Actual Amount Actual Amount _' I' Proposed Amt. I' ' ~ Fund Source: Fund Source: I ~' Proposed Amt. E Actual Amount Actual Amount .al AccompL Type: Proposed. Units Accompl. Type: I ~ Proposed Units ~ a, ctual Units - Actual Units Project (58) CPMP: Grantee Name: SUFFOLK COUNTY CPMP Version 2,0 Project Name: 1099-ADMINIST~.RATJON Description: 59IzozsProject #. 1i09902-21A-09 IUOG Code: INY369103 SUFFOLK COUNTY TOWN OF SOUTHOLD Funds provided to the Town of Southold for the general administration of the CDBG Program Location: ,. 53095 Hain Road Select one: Southold, NY 11971 Explanation: Expected Completion Date: 3/32/2011 - CYojec~va Category O Decent Housing O Suitable Uving Environment Outcome Categories [] Availability/Accessibility [] Affordability Sustainamlity 3 j ~ Underway Underway · Jl Complete Complete ~ ~, Underway Underway ~: Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome ~- Actual Amount Actual Amount ~ I Fund Source: I ~r I Proposed Amt. [] Fund Source: J~J Proposed Amt. Actual Amount ........ Actual Amount ~ AccompL Type: t' IPropO~'d'u"its m Accomp,. Type: I";") Proposed Units ~ Actual Units Actual Units O Actual Units e~j~l Actual Units Project (59) CPNP. [,aw No. Rev. 10/30/08 Community Development Block Grant Contract Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Public Disclosure Union Certification Lawful Hiring Certification Regarding Lobbying (Department to Indicate Exempt_ (Department to Indicate Exempt -__ IFMS No. X or Non-Exempt ) or Non-Exempt. X ) Page 34 o£34 Suffolk County, New York _ Deparencnt 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 I, ]iii, and IV below. If thc following definitions do not apply, the contractor/beneficiary must complete Sections II, IH and IV below. Completed forrfls 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 wriRen contract with thc 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 subcontract with an~/of the above." ~ , Section lJ . ~/The Union Organizing Law applies to this contract. I/we hereby agres to comply with all thc provisions :of Suffolk I C.~ .I County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as to the goods and/or ~ services that are thc subject of the contract with the County of Suffolk shall not usc County funds to assist, pmmoto, Check if or deter union organizing (Chapter 466-3 A), nor suck reimbursement fi'om thc County for costs incurred to ass/st, 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 fu~hcr agree that l/we will not usu County property to hold men~gs to assist, premote, or dctor union organizing. (Chapter 466-3E) I/We further agree that if any expenditures or costs incurred to assist, promote; or deter union organizing arc 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 bi made available to tho pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-3 I) I/we further affirm to the following as to the goods and/or services that are the subject of the contract with thc Co0nty of Suffolk: · I/We will not express to employees any false or misleading information that is intended to influence thc determination'of employee preferences regarding union representation; · . I/we Will not ~oarce or intimidate employens, explicitly or implicitly, in ~electing ur n°t selectinga 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 6r her decision in selecting or not selecting a bargaining representative; · I/we understand my/our obligation to limit disruptions caused by prerecognitiun labor disputes through the adoption of nonermfi-ontational procedures for thc resolution ofprerenognition labor disputes with employees engaged in the production of goods or the rendering of service, s for the County; and · I/we have or will adopt any or all of the above-refarancexl procedures, or their functional c~tuivalant, to ensure the efficient, timely, and quality provision of goods and services to thc County. Ewe shall include a list of said [~roccdures in such cettifieatiun. Section H Check if Applicable The Union Organizing Law does not apply to this contract for the following reason(s): DOL-LOI (3/5/08) Suffolk County, New York Department of Labor Section III Contractor Name: Contractor Address: Federal Employer ID#: Andount &Assistance: Vendor #: Contractor 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 court 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 of p~erjury under the Laws of the State' of New York that the undersigned is authorized to provide this ,..7 · Authorized Signature · ' Date Print Nam~ ahd Title o f Au'tho~ze~ Represuntati~e DOL-LOI (3/5/08) SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICI~ OF NON-APPLICABILITY FOR COM~aLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HILLING OF EMPLOYEES Suffolk County Code, Chapter 234 (2006) To Be Completed By Awarding Agency The Lawful Hiring of Employees Law does not apply to the covered employer, contractoror sub- contractor, listed below. Please check the appropriate box to indicate the basis for non-applicability. Contractor Name: Contractor Address: Federal Employer ID# Contractor Pho.ne #: Description of project or Service: 1) ~ Recipients of compensation from the County, through any grant, loan, subsidy, agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is NOT one hundred percent (100%) funded by the County. 2) ~ · This law shall not apply to the subcontractors of not-for-profit corporations. Authorized County Signature Print Name and Title of Authorized County Representative. Date LI-l~-6 (01/07) Certification Regarding Lobbying for Contract, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with the awarding of any contract, the making of any grant, the making of any loan the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any contract, grant, loan, or cooperative agreement. If any funds other than State or Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and. Federal executive and/or legislative bodies in connection with this contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall' require that the language of this c~rtification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that ail subreCipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Failure to file the required certification shall be subject to civil penalty by the Federal government of not less than $10,000 and not more than $100,000 for each such failure. Sign: Name: Title: Date: Agreement Number: Page. 1: of;l~