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STOP-DWI Program
RESOLUTION 2010-345 ADOPTED DOC ID: 5892 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-345 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 4, 2010: 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 for the 2010 STOP-DWI Program in an amount not to exceed $19,000.00, for the term January 1, 2010 through December 31, 2010, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Rev. 04-14-2010; Law No. 10-DWI-014- Itl/IFS No. SC PRO 0000000 4084 STOP-DWI I~unicipal Enforcement/Town of Southold Contract This Contract ("the Contract") is between the Count3.. of Suffblk ("the County"). a mutscipal cot-potation of'the State ofNex~ York. acting tkrough its duly constituted Department of Probation/STOP . DWI Program ("the Department"), located at H. Lee Dennison Building, 11a Floor, 100 Veterans Memorial Highway, Hauppauge, New York (mailing address: Box 6100, Hauppauge, Ne~ York 11788- 0099; and The Town of Southold ("the Contractor"), a Municipal Corporation. havina an address at P.O. Box 1179, Southold, Nm~ York 11971-1652. - The Contractor has been designated to receive funds from the Count5, for increased enforcement ("the Sen'ices") of Ne~ York State Vehicle and Tragic law's relatina to driving and drivina as set fo~h in .~icle L emided "Description of Se~qces." Term of the Contract: .lanu~3' I, 20I 0 tl~ough December 31, 2010. Total Cost of the Contract: Shall not exceed $19,000.00, as set fo~h in ~icle I, a~ached Terms and Conditions: ShalI be as set fonh in ~icles I t~ough VI_ auached hereto and made a p~ hereof. In Witness~reof rt~e pa~ies hereto baxe executed the Contract as of the latest date ~i~en beloxx. Title ~ ~ o[~o~ - Fed. Tax 1D # I I,-6001939 Date ~'J q[~f0 __ _ '-~'(Do"t~~._C. ~ff. hereby certifies under penalties of per, ur), that I am an o~cer of the Town of Southold. that I have read and I am hmiliar with ~A5-7 of Article V of the Suffolk Co~D Code. and that der Approved as to Legality: Christine Malafi, Count)Attorney Just~ W Smiloff Assistant Coun¢ Attome~ Name: _~onnle R. Co~O Title: ~ Date: Approved: 0005605 IJst of Articles t of 25 pages Rev. 04-'14-2010; Law No. 10-DWI-014- IMFS No. SC PRO 0000000 4084 STOP-DWI Municipal Enforcement/i'own of Southold Article I Page # escription of Services/Budget ............................................................................................................... Article II Definitions .............................................................................................................................................................. 7 l. Meanings of Terms ............................................................................................................................... 7 2. Elements of Interpretation ..................................................................................................................... 8 Article III enera Terms and Cond tons ........................................................................................................................... 9 ]. Contractor ResponsibiIities ................................................................................................................... 9 a. Duties and Obligations ................................................................................................................ g b. Qualifications, Licenses, and Professional Standards ............................................................... 9 . c. Notifications ................................................................................................................................. 9 d. Documentation of Professional Standards ................................................................................. 9 e. Credentialing .......................................................... 9 f. Engineering Certificate ........................................... ' ......................................................... 9 2. Termination ......................................................................................................................................... 10 a. Thirty Days Termination ......................................................................................... 10 b. Event of Default; Termination on Notice ................................... ' ........ 10 c. Termination Notice .................................................................................................................... 10 d. Duties upon Termination ........................................................................................................... 10 3. Indemnification and Defense .............................................................................................................. ! 0 4. Insurance ............................................................................................................................................. 10 5. Independent Contractor ....................................................................................................................... 1 ] 6. Severability ......................................................................................................................................... 1 7. Merger; No Oral Changes ................................................................................................................... 11 g. Set-OffRights ..................................................................................................................................... 11 9. Non-Discrimination in SClMces .......................................................................................................... 12 10. Nonsectarian Decimation .................................................................................................................... 12 ! l. Governing Law ................................................................................................................................... 12 12. No Waiver ........ : .................................................................................................................................. 12 13. Conflicts of interest ............................................................................................................................. 12 ] 4. Cooperation on Claims 1,5. Confidentiality ................................................................ 16. Assignment and Subcontracting .......................................................................................................... 12 17. No Lqtcnded Third Party Bencfici~ries ................................................................................................ 13 18. Certification as to Relationships ......................................................................................................... 13 ] 9. Publications and Publicity .............................................................................. 20. Cop3~ights and Patents ........................................................................................................................ 13 a. Copyrights ................................................................................................................................. 13 ~ b, Patents ...................................................................................................................................... 13 21. Arrears to Cotmty ................................................................................................................................ 13 -32. Lawful Hiring o£ Employees Law in Cormection with Contracts for Construction or Future Construction ........................................................................................................................................ Article IV ............................................................................................................................................................ '14 Suffolk County Legislative Requirements ....................................................................................................... '14 l. Contractor's~/endor's Public Disclosure Statement .......................................................................... 2. Living Wage.Law ................................................................................................................................ 14 3. Usc of Co~mty Resources to Lmeffcre with Co]]ectiv¢ Bargaining Activities .................................... ]4 2 of 25 pages Rev. 04-14-2010; Law No. 10-DWI-014- IMFS No. SC PRO 0000000 4084 STOP-DWi Municipal Enforcement/Town of Southold 4. Lawful Hiring of Employees Law. .......................... 5. Gratuities ..................................................................................................................................... 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas.. · . 15 7. Child Sexual Abuse Reporting Policy ' 8. Non Responsible Bidder ................................................................................................................ 9. Use of rands in Prosecution of Civil Actions Prohibited ............................................................ 15 10. Work Experience Participation ....................................... .16 I6 1 I. Suffolk Count, Local Laws Website Address .................................................................................... 16 Article V Notices an~t"~;'~t~ct Pem~'r~'_;' ............................................................................................................................ 17 · Notmes Relating to Pasmaents' Renorts insurance T-.~'-'[~_'"".[ ........... ~, ,., . ~ . , r , ~ .mucmlllllCarlOil,,or Uther buomisslonq 1 ? z. r~otmes Kelatmg to Termination and/or Litio~tlnn ...................... .,oleV, ..................................................................................................................................................... General Fiscal lerms and Conditions .................................................................................... 18 1. General Payment Terms ........................... ' ......................... a. Presentat,on of Suffolk County Payment ~);;~g;; .................................................................... 18 b. Voucher Documentation ...................................................................................................... 18 c. Payment by County ........................................................................................................ 18 d. Budget Modification .............................................................................................................. 18 e. Budget and/or Services Revisions ................................................................................ 18 f. Taxes ...................................................... 1 g. Final Voucher ............... ' ..................................................................... 9 .2. Subject to Appropriationo F d JJiJilliJiJiiJiiiiljiil............................................................................... 19 ~. Personne. l Salaries, Pension and Employee Benefit Plans Rul;~"~;';~2'~:~ ................................... 19 4. Accounting Procedures ............ . ......... 5. Audit of Financial Statements ................. ' ....................... : ........................................................... 19 6. Financial Statements and Audit Requirement 'iiiiilji ........................................................................... 20 7. Furmture, F~xtures, Equipment, Mater/als, Supplies .......... ' .............................................. 20 ~a. ~Purc.hase5 Rentals or Leases Requiring Prior Approv~'l .......................................................... ~2! u. ~urcnase wractices/Proprietary Interest of Count-, ......................................................... c. ' ' · ~ ................................................................... 21 County s Right to Take Title and Possession .......... 21 Inventory Records, Controls and Reports ................................................................................ 21 e. Protection of Property in Contractor'.,s Custody .................................................................... 22 f. Disposition of Property in Contractor s Custody ............................................................. '..Ji .. 22 8. Lease or Rental Agreements .................................................................. 9. Statement of Other Contracts ................... ' ............................................ 2_ 10. Miscell.aneous Fiscal Terms and Conditio' ' 'Jii'""jiiiljil ...................................................................... 22 ~. L~mit of County's Obligations .................. ' ................................................................... 22 · Duplicate Payment from Other Sources .......................................................................... 22 c. Funding Identification ................................................................................... 22 _d. ~Ou. ts,d.? Fund,ng for Non-County Funded Activ t es .......................................................... 22 u. ~'olentlal Revenue ............. ' ................................................................ 22 f. _Paym,ents Contingent upon State/Federai' ;; ; ............... : .................................................. _2_3 g. Iflenia~ of A d ................................................................. 23 h. Budget .... ' ........................................................................................................................ 23 i. Payment ;i'~i;;~l';' iiiiiii'i ...................................................................................................... 23 j, Payments Limited to Actuai ~';i'~;;;~; i;;;; ......................................................................... 23 k. Travel Costs .......................................................................... 23 I. Attendance at Conference;' ;;;;; ........................................................................................ 23 m. Sa ar es .................................................................................. 23 3 of 25 pages Rev. 04-14-2010; Law No. 10-DWI-014~ IIVIFS No. SC PRO 0000000 4084 STOP-DWI Municipal Enforcement/Town of Southold n. Salary Increases .............................................................................................................. 23 o. Contractor Vacancies ...................................................... 24 p No Limitation On Rights ................................. iii..,...i ...... ii ..iiii....iii ...... ii....iii.~..iiii....iii..iiiiii.iiii 24 Exhibits q' Comptroller's Rules and Regulations ..................................................................................... 24 Exhibit I Living Wage ............................................................................. .......................................................... 25 25 Exhibit 2 Union Certification ............................................................................................................................ 25 Exhibit 3 Lawful Hiring .......................................................................................................................... 25 Exhibit 4 Cert ficat on Regard ng Lobby ng .................................................................................................. 25 Exhibit 5 Budget Modification Request ......................................................................................... ~... 25 Exhibit 6 Budget/Serv ces Rev sons Approva ............................................................................................ 25 Exhibit ? Standard Operating Procedure A-07 Amendment 1 and Executive Order 4-04 ........................ 25 Exhibit 8 Comptroller's Rules .......................................................................................................................... 25 Exhibit 9 Sample Suffolk County STOP-DWi Claim Payroll Register ......................................................... 25 Exhibit 10 Sample Suffolk County STOP-DWi Claim Record of Fringe Benefits ......................................... 25 Exhibit 11 Sample Quarterly Expenditure Report ........................................................................................... 25 Exhibit 12 Sample Stop-DWI Monthly Arrest Report ....................................................................................... 25 4 of 25 pages Rev. 04-14-2010; Law No. 10-DWI-014- Ir~FS No. SC PRO 0000000 4084 STOP-DWI I~unicipal Enforcement/Town of Southold Article I Description of Sen'ices/Budget Reports/Progress Meetings a. The C°ntract°r will be responsible for issuing timely reports in oral presentations and in writing on the status of pending and proposed activities, as may reasonably be requested by the Department. Depending upon the nature of the services provided under this Agreement, the parties ma), meet from time to time; the meeting time, place and attendees shall be as mutually agreed upon by the parties. All v,~tten reports will also be made available to the County in electronic format. Alt reports w/Il use the format set forth in the forms included in Exhibit F "Forms" to this Contract. The Contractor will be required to submit a "Suffolk Count3, STOP-DWI Claim Payroll Register" form detailing all salary and wage expenses for which reimbursement is being sought pursuant to this Contract for the period claimed. Such Form shall be submitted with each Standard Suffolk County Voucher that the Contractor submits to the Count5, pursuant to this Contract. A sample of such form is attached to this Contract as Exhibit 11. The Contractor will be required to submit a "Suffolk County STOP-DWI Claim Record of Fringe Benefits" form detailing all fringe benefit expenses for which reimbursement is being sought pursuant to this Contract for the period claimed. Such Form shall be submitted with each Standard Suffolk County Voucher that the Contractor submits to the County pursuant to this Contract. A sample of such form is attached to this Contract as Exhibit 12. A "Quarterly Expenditure Report" must be submitted to the Count3, STOP-DWI Coordinator within 30 days of the close of each quarter for which this Contract is in effect. A sample of such Report is attached to this Contract as Exhibit 13. Co A "STOP-DWI Monthly Arrest Report" must be submitted to the Department within 30 days of the close of each month for which this Contract is in effect. A sample of'such Report is attached to this Contract as Exhibit 14. Services The monies provided under this Agreement must be used by the Contract to aid the suppression of drunk driving through intensified police patrols to identify vehicle and traffic violations related to drank driving. This should result in an increased number of arrests for driving while intoxicated and a reduction of alcohol related crashes and fatalities. Funding shall be used by the Contractor to schedule and pay police officers employed by the Contractor for overtime for patrol duties exclusively to identify and arrest intoxicated drivers, as well as for related training and warrant enforcement. The hours of enforcement shall include times and days which have historically reflected high incidences of drank driving, alcohol related crashes and fatalities. Scheduling may be organized due to seasonal traffic considerations and other activities related to incidences of drinking and driving. Scheduling of personnel may be dependent upon availability of sta~ 5 of 25 pages Rev. 04-14-2010; Law No. 10~DWI-014- Ill/iFS No. SC PRO 0000000 4084 STOP-DWI Municipal Enforcement/Town of Southold 3. Budget ITEMIZED EXPENDITURE CATEGORIES Personnel Ser¥ices for Police Officer's at rates established by their personnel contracts - Salaries: Fringe Benefits: $19,000.00 (Overtime) $0.00 Total of Personnel Services: $19,000 00 Other Services 0.00 Total of All Services: $19,000 00 The total mount of this Contract is to be expended on or prior to 12/31/10 to perform the Services set forth in Paragraph 2 of this Article I or any revisions and/or modifications to such Services and/or this Budget that was approved by the Department in wTiting. The Contractor will not be reimbursed for all other costs, including but not limited to those related to administration, staff support and related operational equipment. End of Article I 6 of 25 pages Rev. 04-14-2010; Law No. i0-DWI-014- I~FS No. SC PRO 0000000 4084 STOP-DWI Municipal Enforcement/Town of Southold Article 11 Definitions 1. Meanings of Terms As used herein: "Audit of Financial Statements" means the examination by the Comptroller and an), Federal or State auditing authori~ of the financial statements of the Contractor resulting in the publication of an independent opinion on whether or not those financial statements are relevant, accurate, complete, and falrb presented. "Budget" means the Contractor's summaod or plan of the intended revenues and expenditures necessary to render the Services. "Budget Deficiency Plan" means an analysis of thc cost of the Services, changes in fiscal conditions, and required modifications to the Contract to continue to render the Services. "Comptroller" means the Comptroller of the Coun~ of Suffolk. "Contract" mea~s all terms and conditions herein forming all rights and obligations of the Contractor and the CounU. "Contractor" means the signatoD' corporation, its officers, officials, ernployees, agents, servants, sub-contractors and any successor or assign of any one or 0aore of the foregoing performing the Sen'ices. '~County" means the Count5_' of Suffolk_ its departments and agencies. "County Attorney" means the CounD' Attorney of the Count). of Suffolk. "Department" means the signatoD department approving the Contract. "Eugineering Services" means the definition o£the practice of engineering and the definition of practice of land sup/eying, as the case may be, under Section 7201 and Section 7203 of the State Education Law, respectively, "Event of Default" means The Contractor's failure to perform any duty required of it under paragraphs I(b)-(e) of Article II1 of the Contract; or bo The Contractor's failure to maintain the amount and D'pes of insurance required by the Contract; or The Contractor's failure to comply with an3 Federal. State or local lax% rule. or regulation. and CounD' policies or directives; or d. The Contractor's bankruptc? or insolvency; or The Contractor's failure to cooperate in an Audil of Financial Statements: or The Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfeasance in financial record keeping arising out of. or in connection with. any contract with the Count5_: or The Contractor's failure to submit, or faiJure to fimeJ) submiL documentation to obtain Federal or State fimds: or The inabiliD of the CounD' or the Contractor to obtain Federal or State f'dnds due to an)' act or omission &the Contractor: or .An), condition the CounD determines, in its sole discretion, that is dangerous. "Federal" means the United States government, its departments and agencies. "Fringe Benefits" means non-wage benefits which accompany, or are in addition to. a person's salaD., such as paid insurance, sick leave, profit-sharing plans, paid holidays, and vacations. "Fund Source" means an), direct or indirect sum payable to the Contractor by the CounD' pursuant to an5 lax~%l obligation. "Legislature" means the Legislature of the Count' of Suffolk. "Management Letter" means a letter, certified ~s true by the Contractor's certified public account or chief financial officer of findings and recommendations for improvements in internal fiscal control that were identified during an Audit of Financial Statements, but which were not required to be included in an audit report. "Municipal Corporation" means a town, village or school district. "Services" means all that which the Contractor must do and any' part thereof arising out of, or in connection with, the contract necessao., to render the assistance and benefit intended by the Contract. "State" means the State of Nexx 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 Count', Federal. or State governments, or a Municipal Corporation, and (i) which m-e currently in effect or (ii) which have expired within the past P, velve (12) months and have not been renewed. "Suffolk Count), 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 Count,. the option period. 7 of 25 pages Rev. 04-14-2010; Law No. 10-DWI-014- I~/IFS No. SC PRO 0000000 4084 STOP-DWI I~lunicipal EnforcemenffTown of Southold 2. Elements of Interpretation Words of the mazculine gender shall mean and include correlative ~ords of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice ~ersa. Words importing persons shall include firms, associations. partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons, and shall include successors and assigns. Capitalized terms used, but not othem, ise defined, herein, shall have the meanings assigned to them in the Contract. .End of Text for Article II 8 of 25 pages Rev. 04-14-2010; Law No. 10-DWI-014- STOP-DWI II/lunicipal Enforcement/Town of Southold Article I11 General Terms and Conditions Contractor Responsibilities a. Duties and Obligations i.) [t shall be the dut?. of the Contractor to discharge, or cause to be discharged, all of its responsibilities, and to administer funds received in the interest of the Coun~ in accordance with the provisions of the Contract. ii.) The Contractor shall prompfiy take all action as may be necessaD' to render the See,ices. iii.) The Contractor shall not take any action that is inconsistent with the provisions of the Contract. Qualifications, Licenses, and Professional Standards i.) The Contraclor represents and warrants that it has, and shah continuously possess, during the lerm, the required licensing, education. 'knox~ledge, experience, and character necessary to qualify it to render the Sen,ices. ii.) The Contractor shall continuously have during the Term all required authorizations, certificates, ceriifications, registrations, licenses. permits, and other approvals required by Federal, State, Count), or local authorities necessar3 to qualify it to render the Ser~icas. Notiftcations h) The Contractor shall immediately noti~ the Count'. in writing, of any discip}inar3_ proceedings, commenced or pending, with any author/W relating to a license held by any person necessazT to quali~' him or the Contractor to perform the Sara'ices. ii.) In the event that a person is no longer licensed to perform the Ser,,icas, the Con(ractor must immediately noti[' the Count). but in no event shall such notification be later than five (5) days after a license holder has lost the license required to qualify the license holder or {he Contractor lo perform the Serqcas. 9 of 25 pages IEIFS No. $C PRO 0000000 4084 iii.) In the event that the Contractor is not able to perfoml the Sen'ices due to a loss o£ license, the Contractor shall not be reimbursed for the Sen'ices rendered after the effective date of termination of such license. Without limiting the generaliP._' of the foregoing, if any part of the Contract remains to be performed, and the termination of the license does not affect the Contractor's ability' to render the Servicas. eyeD- other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted by law. Documentation of Profesalona[ Standards The Contractor shall maintain on file. in one location in Suffolk County, all records that demonstrate that it has complied with sub- parag'raphs (b) and (c) above. The address of the location of the aforesaid records and documents shall be provided to the Counv.d no later than the date of execution of the Contract. Such documentation shall be kept, maintained: and available for inspection by the County upon t~xen~-four (24) hours notice. Credentialing i.) In the event that the Department. or any division thereof, maintains a credentialing process to quailS- the Contractor to render the Sen, ices, the Contractor shall complete the required credentialing process. In the event that any State credential, registration. certification, or license, Drag Enforcement Agency registration, or Medicare or Medicaid certification is restricted, suspended, or temporarily or permanently revoked, it is the duty of the Contractor to contact the Department. or division thereof, ~ the case ma)' be, in w-citing? no later than three (3) days after such restriction, suspension, or revocation. ii.) The Contractor shall forward to the Department, or division thereof, as the case may be. on or before July 1 of each 3:ear during the Term. a complete list of the names and addresses of all persons providing the Services, as well as their respective areas of certification. credentialing, registration, and licensing. Engineering Certificate In the event that the Contract requires any Engineering Sev, dces. the Contractor shall submil to the Count)., no later than the due date for Rev. 04-14-2010; Law No. 10-DWI-014- STOP-DWI I~lunicipal Enforcement/Town of Southold submission ['or apprnval nfan) engineering ~ork product, the Certificate of Authorization ("Certificate')~ issued pursanm to ~; 7210 of the Ne~ York Education Law. of exer,. person performing any Engineering Services. The failure to file. submit or maintain the Certificate shall he grounds for r~iection of an.x engineering work produci submitted for approval. 2. Termination a. Thirty Days Termination The County shall have the right to terminate the Contracl without cause, for any re.on, al any ume, upon such terms and conditions it deems appropriate, provided, however, that no such termination shall be effective unless the Contractor is given al least thim. (30) days notice b. Event of Default: Termination on Notice i,) ii.] /he Coun~ may immediately terminate the Contract. for cause, upon such terms and conditions it deems appropriate, in the Event of Default. If the Contractor defaults unoer an) other provision of the Contract_ the Counu may terminate the Contract_ on not less than five 15 } days nonce, upon such terms and conditions it deem-, appropriate. c. Termination Notice .Any notice providing for termination shall be delivered as provided for in Article V of the Contract. d. Duties upon Termination i.) The Contractor shall discontinue the Services as directed in the termination notice. ii,) The Counls. shall pa5' the Contractor for the Services rendered through the date of termination. iii.) The County shall be released from any md all liability under the Contract_ effective as of the date of the termination notice. iv.) Upon termination, the Contractor shall reimburse the County the balance of any funds advanced to the Contractor b) the Coun~ no later than thin) (30) days after termination of the Con~-act` The provisions of this subpara~aph I~IFS No. SC PRO 0000000 4084 l0 of 25 pages shall survive the expiration or lerrnination of the Contract. Nothing contained in this para.apb shall be construed as a limitation on the County's rights set forth in para.apb 8 of this Article IlL Indemnification and Defense The Contractor shall protect, indemni[', and hold harmless the Coun~~, 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 the negligence or any acts or omissions of the Contractor. including reimbursement of the cost of reasonable attorneys' fees incurred by the County., its agents, servants, officials, and employees in any action or proceeding arising oul of or in connection with the Contract. The Contractor hereby represents and warrants that it will not infringe upon any cop) right jn performing the Services. The Contractor a~ees that it shall protect, indemni~, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines. penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses arising out of any claim asserted for infringement of copyright, including reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and employees in an.',, action or proceeding arising out of or in connection with an3 claim asserted for infringement of copyright` The Contractor shall defend the Count).', its agents, sen'ants, officials, and employees in any proceeding or action, including appeals, arising out of, or in connection with. the Contract and an> copyxight infringement proceeding or action. At the County's option, the County ma) require the Contractor to pay reasonable attorneys' fees for the defense of a~y such suit. The Contractor shall continuously maintain, during the Term of the Contract. insurance in amounts and types as follows: i.) Commercial General Liability insurance, including contractual liability coverage, in an amount not less than lwo Million Dollars ($2.000,000.00) per occurrence for bodib inju% and Two Million Dollars ($2.000.000.00) per occurrence for Rev. 04-14-2010; Law No. 10-DWI-014- I~/IFS No. SC PRO 0000000 4084 STOP-DWI I~lunicipal EnforcementJTown of Southold propen3 damage. The Count~ shall be named an additional insured. ii.) Automobile Liabifity insurance (il' 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 injuO and not lets than One Hundred Thousand Dollars {$100,000.00) for propert3 damage per occurrence. iii.) Workers' Compensation and Employer's Liabifity insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. Thc Contractor shall furnish to the Count)'. prior to its execution of the Contract. the documentation required b3 the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation La~. In accordance with General iVlunicipal Law ~108, the Contrac shall be void and of no effect unless the Contractor shall provide and maintain coverage during the Term for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per-occurrence or claims-made coverage basis. Thc Count' may mandate an increase in the liabifirv lim s se forth n the~ immediately preceding para~aphs (4)(a)(i), (ii), and (iv) All policies providing such coverage shall be issued by insurance companies with an AdVh Best rating of A- or betler. The Contractor shall furnish to the Counts, prior to the execution of the ContracL declaration pages for each policy of thsurance, other than a poficy for commercial general liabilit5' insurance. and upon demand, a true and certified original cops. of each such policy evidencing compliance with the aforesaid insurance requirements. In the 8. case of commercial general [iabilits, insurance. the Contractor shall furnish to the Count5', prior to the execution of the Contract, a declaration page or insuring a~eemem and endorsement page e'.,idencing the Count5's status as an additional insured on said pollo.'., and upon demand, a true and certified original cop)of such 11 of 25 pages poiic) evidencing compliance xxith the aforesaid insurance requirements. All exidence ofiasurance shall provide for the Count)_ to be notified in writing third.' (30) days prior to an)' cancellation, nonrenewah or material change in the policy to ~hich such evidence relates. It shall be the due.., of the Contractor to notify the Count5 immediately of any cancellation, nonrenewaL or material change in any insurance polic). In the event the Contractor shall fail to provide evidence of insurance, the Count3' ma)' provide the insurance required in such manner as the Count3 deems appropriate and deduct the cost thereof from a Fund Source. ff the Contractor is a Municipal Corporation and has a self-insurance prn~m'~ under which it acts as a self-insurer for any of such required coverage, the Contractor shall provide proof. acceptable to the Count, of self-funded coverage. Independent Contractor The Contractor is not. and shall never be. considered an employee of the Count3. for any purpose. NoV, vithstanding an)lhing herein, the Contract shall not be consmaed as creating a principal-agent relationship between the County and the Contractor or the Contractor and the Count,;5 as the case ma) be. Severability It is expressly a~eed that if an) term or provision of the Contract, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of the Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable. shall not be affected thereby, and eve~' other term and provision of the Contract shall be valid and shall be enforced to the fullest extent permitred by law. Merger; No Oral Changes It is expressl3 a~eed that the Contract represents the entire agreement of the parties and that all previous understandings are herein merged in the Contract. No modification of the Contract shall be valid unless in wri~en form and executed by both parties. Set-OffRights The Coun~ sha. l} haxe all of its common [ax~, equitable. and statutor3 rights ofset-of~ These rights shall include, but not be limited to. the Counts's option Io withhold from a Fund Source an amOUnl no ~eater than any moneys due and oMn?. to the Count?.. for mi2, reason. The Count5' shall exercise its set-off righls subject to approval b3 the Counts' 10. ,Rev. 04-14-2010; Law No. 10-DWI-014- STOP-DWI Municipal Enforcement/Town of Southold audit, the Coun~ shall onl5 exercise such right after the finalization thereo£ and onb after consultation with the Count5. Attorney. Non-Discrimination in Services The Contractor shall not_ on the ~ounds of race. creed, color, national origin, sex, age. disabdi~, sexual orientation, militaD, status, or marital status: i.) deny any individual the Services provided pursuant to the Contract: or ii.) provide the Services to aa individual that is different, or provided in a difl~rent manner, f~om those provided to others pursuant to the Contract; or iii.) subject an individual to se~egation or separate treatment in any matter related to the individual's receipt of the Sen'ices provided pursuant to the Contract; or 13. iv.) restrict an individual in any wax from any advantage or privilege enjoyed b3 others receiving the Sen'ices provided pursuant to the Contract; or v.) treat an individual differently from others in determining whether or not the individual satisfies any eligibility or other requirements or conditions which individuals must meet in order to receive the Sen, ices provided pursuant to the Contract. The Contractor shall not utilize criteria or 14, methods of administration which have the eflkct of subjecting individuals to discrimination because of their race, creed, color, national origin, sex, age. disabiliD', sexual orientation. military' status, or marital status, or have the effect of substarlfially impairing the Contract with respect to individuals ora particular race, creed. color, national origin, sex, age, disabilit), sexual orientation, militaD, status, or marital status, in determining: 15. i.) the SerMces to be provided, or ii.) the class of individuals to whom. or the situations in which, the Sen'ices will be provided; or iii.) the class of individuals to be afforded an opportuniD to receive the Services. Nonsectarian Declaration 16. The Ser,,ices performed under the Contract are secular in nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to fi~rther the advancemem of an5 religion. The Services ~ill be available to all 12 of 25 pages I~/IFS No. SC Pro 0000000 4084 eligible individuals regardless of religious belief or affiliation. 11. Governing Law The Contract shall be governed by and construed in accordance with the laws of the State of New York. without regard to conflict of laws. Venue shall be desi~ated in the Supreme Court. Suffolk Counp,., the United States District Court for the Eastam District of New York, or. if appropriate, a court of inferior jufisdiction in Suffolk Counb'. No Waiver It shall not be construed that any failure or forbearance of the Count) to enforce an5' provision of the Contract in any particular instance or instances is a waiver of that provision. Such provision shall othemdse remain in full force and effect_ notx~4thstanding any such failure or forbearance. Conflicts of Interest The Contractor shall noL during the Term, pursue a course of conduct which would cause a reasonable person to believe that he or she is likely to be engaged in acts that create a substantial conflict bet~een its obligations under the Contract and its private interests. The Contractor is charged with the duD· to disclose to the County the existence of any such adverse interests, whether existing or potential. This dut). shall continue ~s long as the Term. The determination as to whether or when a conflict may potentially exist shall ultimately be made by' the County Attorney afrer full disclosure is obtained. Cooperation on Claims The Contractor ~ad the CounD' shall render diligently to each other, without compensation, any and all cooperation that ma)' 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 parE,., its employees or designated representatives arising out of or in connection with the Contract. Canfidentiali~ Any document of the Count', or any document created by the Contractor and used in rendering the Sen'ices, shall remain the property of the CounD' and shall be kept confidential in accordance Mth applicable laws. rules, and regulations. Assignment and Subcontracting The Contractor shall not delegate its duties under the Contract, or assign, transfer, convey, sublet. or otherxvise dispose of the Contract. or an> of its right, title or interest therein, or its poxver to execute the Contract. or &ssi=°n all or an) portion Rev. 04-14-2010; Law No. 10-DWI-014- STOP-DWI 03unicipal Enforcement/Town of Southold of the monies that ma) be due or become due hereunder. {colleativel5 referred to in this paragraph 16 as '~Assignment'¥ to tm) other person, entily or thing withoui the prior wfitten consent of the Count. and any at, erupt to do of the foregoing ~ithout such coasent shall be void ab initio Such Assignment shall be subject to all of the provisions of the Contract and to any other condition the Count?. requires. No approval of any Assignmem shall be construed as enlarging any obligation of the CounP._ under the terms and provisions of the Contract. No Assignment of the Contract or assumption by any person of any du~' of the Contractor under the Contract shall provide for. or otherwise bt construed as. rele~ing the Contractor from an5 term or provision of the Contract. 17. No Intended Third ParD' Beneficiaries The Contract is entered into soleb for the benefit of the Count3_' and the Contractor. No third pan?.' shall be deemed a beneficiar:, of the Contract and no third part)., shall have the right to make an> claim or a~sert an) right under the ContracL 18. Certification as to Relationships The Contractor certifies under penalties of perjury that, other than through the funds provided in the Contract and other valid a~eements with the Count:. there is no known spouse, life partner: business, commercial, economic, or financial relationship with the Count/,_' or its erected officials. The Contractor also certifies that there is no relationship within the third degree of consanguiniD', between the Contractor, any of its partners, members, directors, or shareholders oxx~ing five (5%) percent or more of the Contractor, and the Count3_'. 19. Publications and Publicity The Contractor shall not issue or publish any book. article, reporL or other publication related to the Sep,'ices without first obtaining written prior approval from the County. A~er approval in writing is obtained, all such printed matter or other publication shall contain the following statement in clear and legible print: "Th s pub cat on s fu .,. or partially' funded by the Suffolk Count)_ Executive's Office." The Contractor shall not issue press releases or any other information to the media, in any form. concerning the Sen'ices. without obtaining prior written approval from the Coun~ II~IFS No. SC PRO 0000000 4084 20. CopyrigOts and Patents 21. 22, a. Copyrights If the work of the Contractor should result in the production of original books, manuals, films, or other materials for which a copyright may be ~anted. the Contractor may secure copyright protection. However, the Couniy reserves to itself, and the Contractor hereb) gives to the Counts., and to any other person designated by the Count, a ro_',alts-free, nonexclusive license to produce, repr6duce, publish, translate, or otherwise use any such materials. b. Patents If the Contractor makes an), discoveD, or invention during the Term, or as a result of work performed under the Contract, the Contractor ma)' apply for and secure for itself patent protection. However. the CounD reserves to itself, and the Contractor hereby gives to the Count3.,. and to an) other person designated by the CounD'. a royal~'-ffee, nonexcfusive license to produce or other~ise use an3 item so discovered or patented. Arrears to County. authorized b5 a~eement, it is not in arrears to the CounD upon any debt, contract, or any other lay, fei obligation, and is not in default to the Count3.' as surety.'. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction In the event that the Contract is subjecl to the La~%l Hiring o£Employees Law of the Count) of Suffolk. Suffolk County.' Code ~hapter 234, as more fully set forth in the Article entitled "Suffolk CounD' Legislative Requirements," the Contractor shall maintain the documentation mandated to be kept by this law on the construction site at all times. Employee sign-in sheets and register/log book~ shall be kept on the construction site at all times and all covered employees, ~s defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the construction site during such working hours. End of Text for Article III 13 of 28 pages Rev. 04-14-2010; Law No. 10-DWI-014- STOP-DWI Municipal Enforcement/Town of Southold Article IV Suffolk Couni? Legislative Requirements Contractor'sB'endor's Public Disclosure Statement It shall be the dut> of the Contractor to read, become famifiar with, and comply with the requirements of section A5-7 of An[cie V of the Suffolk Count' Code. Unless certified by an officer of the Contractor as being exempt fi.om the requirements of seat[on A5-7 of Article V of the Suffolk County Code. the Contractor represents and wan'ants that it has filed with the Comptroller 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 Comptroller on or before the 31st day of Jlmuary in each year of the Contract's duration. The Contractor ac 'knowledgas that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of the Contract, for which the Count)., shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fi[teen percent (15%) of the amount of the Contract. Required Form: Suffolk Count2,.' Form SCEX 22: entitled "Contractor's/¥endor's Public Disclosure Statement" Living Wage Law It shall be the dut) of the Contractor to read, become familiar with, and comply with the requirements of Chapter 347, of the Suffolk Coun.O Code. This Contract is subject to the Liviog Wage Law of the Count' of Suffolk. The law requires that. unless specific exemptions apply, all employers (as defined) under sen, ice contracts and recipients of CounO' financial assistance, (as defined) shall provide payment ora minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk CounO' Living Wage Law of the Coun0y of Suffolk. Under the provisions of the Living Wage Law, the CounO' shall have the authorii?, under appropriate circumstances, to terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. Required Forms: Suffolk CounB' Living Wage Form LW-1: entitled "Suffolk Count>' Department of Labor- Living Wage Unit Notice of Application for CounO' Compensation (Contract)" Suffolk Count>' Living Wage Form LW-38: entitled "Suffolk CounO Department of Labor- LMng W~e Unit Living Wage Certification/Declaration - Subject To Audit" IItI1FS No. SC PRO 0000000 4084 14 of 25 pages Use of Count>' Resources to Interfere with Collective Bargaining Activities fi shall be the due,.' of the Contraclor 1o read. become familiar with. and comply with the requirements of Chapter 466 of the Suftb[k CounO Code. CounO Contractors (as defined by section 466-2) shat[ compl3 with all requirements o£Chapter 466 of the Suffolk CounE,' Code. including the following prohibitions: The Contractor shall not use Count' funds to assist, promote, or deter union organizing. No Count). funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. The Contractor shall not use Count3.' funds to assist, promote, or deter union organizing. No employer shall use Count> propert-, to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If the Sen, ices are performed on CounO properO', the Contractor must adopt a reasonable access agreement, a neutralit,v agreement fair communication a~m-eement, non- intimidation agreement and a majority authorization card a~eement. If the Sev,'ices are for the provision of human services and are not to be performed on County.' property., the Contractor must adopL at the least a neutrality agreement Under the provisions of Chapter 466, the Count5' shall have the authorio,: under appropriate circumstances, to terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. Required Form: Suffolk CounO' Labor Law Form DOL-LO 1; entitled "Suffolk County Department of Labor- Labor Mediation Unit Union Organizing Certification/Declaration - Subject to Audit" Lawful Hiring of Employees Law It shall be the duD' of the Contractor to read. become familiar with. and comply with the requirements of Chapter 234 of the Suffolk Counb Code. This Contract is subject to the LaxxT'ul Hiring of Employees Law of the Count3. of Suffolk. It provides that all covered employers, (as defined), and the ox~ers thereo[ as the case may be. that are recipients of compensation from the Count>' through any ~ant, loan, subs[d3, funding, appropriation, pa3ment tax incentive, contract. subcontract, license agreement lease or other financial compensation a~eement issued b_v the Coun~' or an awarding agency, where such compensation is one hundred Rev. 04-14-2010; Law No. 10-DWI-014- STOP-DWI IViunicipal EnforcementJTown of Southold percem (100%1 funded by Ihe Count). shall submit a completed s~om affidavit (under penal~ ofperjuD), the lbrm of which is attached, ceftin,lng lhat the_', have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect tn the hiring of covered employees las defined) and with respect to the alien and nafionali~ status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case max be; shall be part of any executed contract_ subcontracL license a~eemenL lease or other financial compensation agreement with the Count'; and shall be made available to the public upon request. All conh-actors and subconn-actors (as defined) of covered employers, and the ox~ers thereo[ as the case ma3 be, that are assigned to perform work in connection with a Count3.' contract, subcontract, license agreement, lease or other financial compensation a~eement issued by the Coun~ or awarding agency, where such compensation is one hundred percent (100°,4) funded by the Coun~~, shall submit to the covered employer a completed sworn affidavit (under penalty ofperju .fy), the form of which is attached. certifying that they have complied, in good faith, with the requirements ofTfile 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respecl to the a]ian and nationalits_ 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 max be: shall be part of any executed contract, subcontract, license aDeemenL lease or other financial compensation agJeement beP. veen the covered employer and the Count'; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, oxvner, contractor and subcontractor no later than January. I of each year for the duration of any contract and upon the renewal or amendment of the contract, and whene',,er a new contraclor or subcontractor is hired under the terms of the contract. The Contractor acknowledges thai such filings are a material, contractual and statutory duP,.' and that the failure to file any such statement shall constitute a material breach of the Contract. Under the provisions of the Lavff~l Hiring of Employees Law, the Coun~~ shall have the authori~, to terminate the Contract for violations of this Law and to seek other remedies available under the law. The documentation mandated to be kept by this lax~ shall at all times be kep~ on site. Employee sign-in sheets and register/log books shall be kepi on site at all times during working hours and all covered employees, as defined in the law. shall be required to sig~ such sign-in sheets/registefflog books to indicate their presence on the site during such working hours. IMFS No.' SC PRO 0000000 4084 Required Forms: Suffolk Count3.' Lax~Txil Hiring of Employees Law Form LHE-I: entitled -Suffolk Coun~ Department of Labor - 15 of 25 pages Notice Of Application To Cend} Compliance With Federal Lau (8 U.S.C SECTION 1324al With Respect ~o La~fful Hiring of Empfuyees" "&ffidavit Of Compliance With The Requirements Of 8 U.S.C. Section 1324a With Respect 1o Laxfful Hiring Of Employees" Form LHE-2 5. Gratuities It shall be the dui3 of the Contractor to read, become familiar ~ ith. and comply with the requirements of Chapter 386 of the Suffolk Counb Code. The Contractor represents and warrants that it has not offered or given any ~atui~, to any official, employee or agent of the CounP,j or the State or of any political with the purpose or intent of securing an ~agreement or securing favorable treatment with respect to the awarding or amending of an a~eement or the making of any determinations with respect to the performance ol:an agreement. Prohibition Against Contracting with Corporations thai Reincorporate Overseas It shall be the du~' of the Contractor to read, become familiar with. and comply x~ith the requirements of sections A4-13 and A4-14 of Article IV of the Suffolk Counbj Code. The Contractor represents that it is i0 compliance with sections A4-13 and A4-14 of Article IV of the Suffolk Count5' 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 h~s reincorporated outside the U.S.A. Child Sexual Abuse Reporting Policy Il shall be the du~ of the Contractor to read, become familiar with. and comply with the requirements of Article IV of Chapter 577 of the Suffolk Count' Code. The Contractor shall compl3 with Article IV of Chapter 577, of Ihe Suffolk CounD 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 Contract with regard to child sexual abuse reporting policy'. Non Responsible Bidder It shall be the duP,_ of the Contractor to read. become familiar with. and comply x~ith the requirements of Article II of Chapter 143 of the Suffolk Coun~ Code. Upon signing the Contract- the Contractor certifies that il has not been convicted of a criminal offense within the ten ( 107 )ears. The term "conviction" shall mean a finding of guilt3 after a trial or a plea ofguil~ to an offense Rev. 04-14-2010; Law No. 10-DWI-014- STOP-DWI Equnicipal Enforcement/Town of Southotd covered under the provision of section 143-5 of the Suffolk Coun~ Code under"Nonresponsibte 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 Article III of Chapter 590 of the Suffolk Coun~ Code. The Contraclor shall not use an3' 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 CounV..' in any jurisdiction or any judicial or administrative forum. 10. Work Experience Participation If the Contractor is a nonprofit or govemmemal agenc.x or institution, each of the Contractor's locations in the Counv:' at which the Sen, ices are provided shall be a work site for Ill/IFS No. SC PRO 0000000 4084 11. public-assistance clients of Suffolk Counb pursuant to Chapter 21 I of the Suffolk Count~ Code at all times during the Term orthe Contract. If no Memorandum of Understanding ("MOU") with the Suffolk Count' Department of Labor for work experience is in eft'ecl at the beginning of the Ierm of the Contract. the Contractor, if it is a nonprofit or governmental agencx or institution, shall enter into such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the Counb max withhold paymenk terminate the Contract or exercise such other remedies as max' be appropriate in the circumstances. Suffolk Count)' Local Laws Website Address SuffoLk Count' Local Laws, Rules and Regulations can be found on the Suffolk Count' website at End of Text for Article IV 16 of 25 pages Rev, 04-14-2010; Law No. 10-DWI-014- STOP-DWI Municipal EnforcementJTown of Southold Article V Notices and Contact Persons Notices Relating to Payments, Reports, Insurance, Indemnification. hr Other Submissions .An3 communication, notice, claim for payment repom insurance, or other submission necessar3 or required to be made regarding the Contract shall be in writing, delivered as follows, and shall be given to the Coun~ or thc Contractor, as the case max be. or their designated representative at the following addresses or at such other address that max be specified in writint by the parties: By Personal Deliveu and First Class Mail; or First Class and Certified Mail, Return Receipt Requested; or by Nationally Recognized Overnight Courier: or Fax Transmittal: or Emaih Suffolk Count), STOP-DWI H. Lee Dennison Building, 11th Floor I00 Veterans Memorial Highway P.O. Box 6100 Haupgnuge, New York 11788 Maria Perez-Lent, Coordinator Emaih maria.perez-lent~su ffolkcountyny.gov Fax No. (631) 853-6145 At the address set forth un 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. Email: chiefcoch r a n(~town.so ut hold.ny, us Fax No. 73;4-2315 2, Notices Relating to Termination and/or Litigation ]n the event the Contractor receives a notice of claim or becomes a par~_~ (plaintiff, petitioner, defendant, respondent, third part), complainant. third part2,.' defendant, etc.) to my legal action or proceeding related to the Contract. the Contractor shall immediately deliver to the Count5_' Attorney, at the address set forth below, copies of all papers filed by or against the Contractor. b. b. .4~y communication or notice regarding III/IFS No. SC PRO 0000000 4084 terminalion shall be in writing and shall be given to the Coun~ or the Contractor or their designated representative at the following addresses or at such other addresses that max be specified in wriling by the parties and must be delivered as follows: By Personal Deliver). and First Class Mail: First Class and Certified Mail, Return Receipt Requested; or by Nationally Recognized Overnight Courier: Suffolk County STOP-DWI H. Lee Dennison Building, IIth Floor 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, New York 11788 Contact Name: Maria Perez-Lent, Coordinator and to Christine Malafi, Count)' Attorney, Suffolk County Department of Law, H. Lee Dennison Building, 100 Veterans Memorial Highway, Sixth Floor, Hauppauge, New York 11788 Contractor: At the address set forth on page one of the Contract, attention to the person who executed the Contract or such other designee as the parties may agree in writing. Notices shall be deemed to have been duly delivered (i) if mailed, upon the seventh business day after the mailing thereof; or (ii) if by nationally recognized overnight courier service, upon the first business day subsequent to the transmittal thereof...' or (iii) if personally, pursuant to New York Civil Practice Law and Rules Section 311; or (iv) if by fax or email, upon the transmitlal thereof. "Business Day" meoJts any day except a Saturday. a Sunday, or any day in which commercial banks are required or authorized to close in Suffolk CounD', New York. Each party shall give prompt written notice to the other part), of the appointment of successor(s) to the designated contact person(s) or his or her desi~aged successor(s). End of Text for Article V 17 of 25 pages Rev. 04-14-2010; Law No. 10-DWI-014- STOP-DWI I~lunicipal Enforcement/Town of Southold Article VI General Fiscal Terms and Conditions I. General Payment Terms Presentation of Suffolk Count3 Payment Voucher In order for paymem to be made b> the Count' to the Contractor for the Services. the Contractor shall prepm'e and present a Suffolk Count' Payment Voucher, which shall be documented by sufficienL competent and evidential maner. b. Voucher Documentation The Suffolk Count).' Payment Voucher shall list all information regm-ding the Sen'ices and other items for which expenditures have been or will be made in accordance with the Contract. Either upon execution of the Contract (for the Sen'ices already rendered and expenditures already made), or not more than thir~' (30) days after [he expenditures were mace, and in no event after the 31 ~ da3 of Januao' following the end of each year of the Contract. the Contractor shall furnish the Coun~ with detailed documentation in support of the payment for the Services or expenditures under the Contract e.g. dates of the Service, x~orksi~e locations, activities, hours worked, pax rates and program budget categories. The Suffolk County' Payment Voucher shall include time records, certified by the Contractor as true and accurate, of alt personnel for whom expenditures are claimed during the period. Time and attendance records ora project director, ff any, shall be certified by the Chairperson, President or other designated member of the Board of Directors of the Contractor. All Suffolk Count).' Pa3'ment Vouchers must bear a signature as that term is defined pursuant to New York Stale General Construction Law §46 by duly authorized persons, and certification of such authorization with certified specimen signatures thereon must be filed with the County by a Contractor official empowered to sign the Contract. Disbursements made by the Contractor in accordance with the Contract and submitted for reimbursement must be documented and must comply with accounting procedures as set forth by the Suffolk County Department of Audit and Controh Documentation, including any other form(s) required by Coun~ or the Suffolk Coun~ Department of Audit and Control, shall be furnished to the Count2,_ pursuant to. and as limited by, the Regulations for Accounting Procedures for Contract Agencies of the Suffolk Count, Department of Audit and Control. in addition to any other remedies that the CounU may have, failure to supply the required documentation x~ill disquali~ the Contractor fi-om an)' further Coun~ contracts. 18 of 25 pages I~FS No. SC PRO 0000000 4084 e. Payment bx Count).' Pa)ment b) the Coun~ shall be made ~ithin thirty (30) day's after approval of the Suffolk Count). Payment Voucher b.x the Comptroller. d. Budget Modification i.) The parties shall use the Contract Budget Modification Request form ("Budget Modification") for revisions tn the Budget and Sen'ices not involving an increase to the lotal cost of the Contract. The Contractor shall submit to the Count' the Budget Modification proposed revisions for either Budget or the Ser',,ices. Such requesl must be made in advance of incurring any expendi~re for which the revision is needed. ii.) Vv~en the Count).' and the Contractor a~ee as to such revisions, the Contractor shall execute the Budget Modification form. The Contractor shall return it to the Count?- for execution. Upon complete execution of the Budget Modification form, the Coun.ty shall return a copy to the Contractor. The revision shall not be effective until the Budget Modification is completely executed. iv.) The Budget Modification form may be submitted only twice per calendar year and may only be submitted prior to November 15~ of tha~ year. Budget and/or Services Revisions i.) ii.) The parties shall use the Contract Budget/Services Revision Approval Form (Budget/Sen'ices Revisions} for ~evisions to the Budget and Sen'ices involving any change to the total cost of the Contract via resolution o£the Legislature or by the County's adopted annual budget. The Contractor shalI submit t6 the CounB', proposed revisions for either Budget or any necessary changes of Sec'ices to be provided. When the Count5 and the Contractor a~ee as to such revisions, the Contractor shall execute the Budget/Sen'ices Revisions form. The Contractor shall return it 1o the Count5,. Rev. 04-14-2010; Law No. 10-DWI-0'I4- STOP-DWI Municipal EnforcementFrown of Southold iii.) by the parties, the Count) shall return a cop3 to the Contractor. The revision shall not be effective until the Budget /Services Revisions is completely The charges payable to the Contractor under the Conrracl are exclusive of federal, state, and local taxes, rite Count3. being a municipalit3 exempt from payment of such taxes. g. Final Voucher The acceptance by the Contractor of payment of all billings made on the final approved Suffolk Count)' Paymem Voucher shall operate as and shall be a release of the Count)' from all claims by the Contractor. 2. Subject to Appropriation of Funds The Contract is sut~iect to the amount of funds appropriated and any subsequent modifications thereof by the Legislature. and no liabilit3 shall be incurred b3 the Coun~ beyond the amount of funds appropriated by the Legislature for the Sen'ices. if the Count3' fails to receive Federal or State funds originally intended to pay for the Services. or to reimburse the Count)', in whole or in part, for pa3ments made for the Services, the Count2..' shall have the sole and exclusive right to: i.) . Determine ho~ to pa3 for the Services; ii.) Determine future p~'ments to the Contractor; and iii.) reimbursable to the Count)' by the conditions under which such reimbursement shall be paid. The Counq, ma3', during the Term, impose a Budget Deficiency Plan. In the event that a Budget Deficiency Plan is imposed, the Counu' shall promptly no/'i~r the Contractor in writing of the terms and conditions thereofi ~vhicb shall be deemed incorporated in and made a part of the Contract. and the Contractor shall implement those terms and conditions in no ]ess than fourleen 04) days. Ii, IFS No. SC PRO 0000000 4084 19 of 25 pages Personnel Salaries. Pension and Employee Benefit Plans. Rules and Procedures Upon request- the Contractor shall submit to the CounD a current copy. certified by the Contractor as true and accurate, of its: i.) salaD, scale for all positions listed in the Budget: ii.) personnelrulesand procedures: iii.) pension plan and an)' other employee benefit plans or arrangements. The Contractor shall not be entitled to reimbursement for costs under any pension or benefit plan the Comptroller deems commercially unreasonable. Notwithstanding anxxhing in this para~aph 3 of this Article VI, the Count)~ shall not be limited in requesting such additional financial information it deems reasonable. Accounting Procedures The Contractor shall maintain accounts, books. records, documents, other evidence, and accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of an), nature expended in the pefformanc~ of the Contract, in accordance with generally accepted accounting principles and with rules, regulations and financial directives, as may be promulgated b) the Suffolk Count3, Department of Audit and Control and the Department. The Contractor shall permit inspection and audit of such accounts, books. records, documents and other evidence by the Department and the Suffolk Count3' Comptroller. or their representatives, as oflen as, in their jud_wrnent, such inspection is deemed neeessaD,. Such right of inspection and audit 03 set forth in subpara~aph b. bethx~ shall exist during the Term and for a period of seven (7) 5ears after expiration or termination of the Contract. The Contractor shall retain all accounts, books, records, and other documents relevant to the Contract for seven (7) 3.ears after final payment is made by the Count).'. Federal_ State. ancLtor Count) auditors and any persons duly authorized by the CounD' shall have full access and the right to examine any of said materials during said period. Such access is ~anted noV, vithstanding an3 exemption from disclosure that may be claimed for those records which ate su'~iect to nondisclosure agreements, trade secrets and commercial information or financial information that is prMleged or confidential Rev. 04-14-2010; Law No. 10-DWI-014- STOP-DWI Municipal Enforcement/Town of Southold The Contractor shall utilize the accrual basis of accounting and will submit all financial reports and claims based on this method of accounting during the Term. Audit of Finanalal Statements All payments made under the Contract subject to audit by the Comptroller pursuant to Article V of the Suffolk Count' Charter. The Contractor further agrees that the Comptroller and the Department shall have access to and the right to examine, audit, excerpt_ copy or transcribe any pertinent transactions or other records relating to services under the Contract. If such an audit discloses overpayments by the Count3, to the Contractor, within thirty {30~ da.ss after the issuance of an official audit report by the Comptroller or his duly designated representatives, the Contractor shall repay the amount of such overpayment by check to the order of the Suffolk Count' Treasurer or shall submit a proposed plan of rapayment to the Comptroller. If there is no response, or if satisfactory rapa.wnents are not made, the Count2,.' ma}' recoup overpayments from any amounts due or becoming due to the Contractor from the Count' under the Contract or other, vise. The provisions of this paragraph shall survive the expiration or termination of the Contract, Financial Statements and Audit Requirements Notv,,ithstandiag any other reporting or certification requirements of Federak 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" in which the Contractor has received, or will receive, three hundred thousand ($300.000.00) dollars or more from the Count', whether under the Contract or other a~eements with the Count, and shall submit a report to the Count3. on the overall financial condition and operations of the Contractor,.including a balance sheet and statement of income and expenses, attested by the Auditor as fairly and accurately reflecting the accounting records of the Contractor in accordance with generally accepted accounting principles. The Contractor ma5' solicit requests for proposals from a number of qualified accounting firms and review carefully the costs of. and qualifications for. this t3'pe of work before selecting the Auditor. The Auditor should be required to ntect the fofiox~ lng minimum requirements: 20 of 25 pages IItI1FS No. SC PRO 0000000 4084 i.) a current License issued b3 the Ney. York State Education Department: ii.) sufficient auditing experience in the nonprofit. governmental or profit- making areas, as applicable; and iii.) a satisfactor2: peer re~,iew issued within not more than three (3) years prior to the date when the Auditor was selected to conduct the audit. The audit musl be conducted in accordance with generally accepted gnvemmental auditing standards Financial statements must clearly differentiate between Coun~:-funded programs and other pro.ams that the Contractor may be operating. The use ofsubsidim3., schedules should be encouraged for this purpose. The Auditor must also prepare a Management Letter based on the audit. In the event the Contractor is a non-profit organization or unit of local gox eminent and expends five hundred thousand ($500.000.00) dollars 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 enfit3', such as New York State or Suffolk Count3', during any fiscal year within which it receives lhnding under the Contract, the audit must be conducted, and the audit report ("Single Audit Report") must be, in accordance with OMB Circular No. A-133 (revised June 27, 2003). Single Audit Repons must also be submitted to the designated clearinghouse, cognizant agency and/or pass- through entit3', to the extent required by the OMB Circular referred to above, The Contractor must submit to the Court .ty a statement in writing, certified by its chief financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal yea~. The Contractor must mail or deliver the certified statement to the Daparanent and to the Executive Director of Auditing Sen'ices. Suffolk CounB' Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial Highway, P. O. Box 6100, Hauppauge, New York I 1788-0099, 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 Count3 and other pass-through entities. Copies of all financial statements, Management Letters. Single Audit Repons and other audit Rev. 04-14-2010; Law No. 10-DWI-014- STOP-DWI Equnicipal EnforcementJTown of Southold the Executive Director of Auditing Serxices at submined ~ithin thirc5_ (301 days after completion of the audit, bul in no event later than nine months after the end of the Contractor's fiscal year. to ~xhich the audit relates These requirements do not preclude the County. the Comptroller. or their authorized auditing all records of the Contractor. Therefore, available to authorized representatives of Federal, State and Counu govemmem for that purpose. The provisions of this para.apb shall survive the expiration or termination of the Contract. 7. Furniture, Fixtures, Equipment, Materials, Supplies Purchases, Rentals or Leases Requiring Prior Approval Prior to placing any order Io pumhase, rent or lease any furniture, fixtures, or equipment valued in excess of one thousand dollars {$1,000.00) per unit for x;hich the Contractor will seek reimbursement fi-om the CounB., the Contractor shall submit to the CounP/a x~cirten request for approval to make such a proposed purchase. rental or lease, with a list showing the quantity and description of each item, its intended location and use. estimated unit price or cost. and estimated total cost of the proposed order. Written approval of the Count). shall be required before the Contractor may proceed with such proposed purchase, rental or lease of bdmiture, fixtures or equipment. All items pumhased must be ne~ or like new unless specifically described othenvise in the Budget. Purchase Practices/Proprietary Interest of County i.) The Contractor shall follow the general practices that are designed to obtain furniture, fixtures, equipmenL materials, or supplies at the most reasonable price or cost possible, ii.) The Coun~ reserves the right to purchase or obtain furniture, fixtures. equipment, materials, or supplies for the Contractor in accordance with the pro.aromatic needs of the Contract. If the Count: exercises this fight, the amount budgeted for the items so purchased or obtained b3 the County for the Contractor shall not be available tu the Contractor for any purpose whatsoever Title to an? such items purch~-sed or otherwise obtained b} the 21 of 25 pages I~FS No. SC PRO 0000000 4084 CounD fbr the pro.ams encompassed b? the Contract and entrusted to the Contractor. shaft remain in the CounD'. iii.) The Coun~ shall retain a proprieta.?' interest in all furniture, removable fixtures, equipment_ materials, and supplies purchased or obtained by the Contractor and paid for or reimbursed to the Contraclor pursuant to the terms of the Contract or any prior a~eement betx~een the parties. iv,) The Contractor shall attach labels indicating the Cqun~'s propriean3' interest or title in all such propen?. CounB"s Right to Take Title and Possession Upon the termination or expiration of the Contract or an5 renewal thereof, the discontinuance of the business of the Contractor, the failure of the Contractor to comply with the terms of the Contract, the bankruptcy of the Contractor. an assignment for the benefit of its creditors, or the failure of the Contractor to satis~ an} judgment ~ainst it within thirE: (30) days of filing of the judgment, the Count.' shall have the right to take title to and possession of all furniture, removable fixtures, equipment, materials, and supplies referred to in subpara~aph 7(b) above and the same shall thereupon become the property of the County without any claim for reimbursement on the part of the Contractor. Inventory Records, Controls and Reports The Contractor shall maintain proper and accurate inventoD' records and controls for all such furniture: removable fixtures and equipment acquired pursuant to the Contract and all prior agreements behveen the parties, if any. Three (3) months before the expiration date of the Contract, the Contractor shall make a physical count of all items of furniture, removable fixtures and equipment in its custody, checking each item against the aforesaid inventoD, records. A report setting forth the results of such physical count shall be prepped by the Contractor on a form or forms designated by the Coun~~, certified and signed by an authorized official of the Contractor. and one (I) copy thereof shall be delivered to the County within five (5) days after the date set for the aforesaid physical count. Within five {5) days after the termination or expiration date of the Contract. the Contractor shall submit lo the CounD six 16) copies of the same report updated to such date of the Contract. certified and signed by an authorized official of the Contractor, based on a physical count of all items of furniture, removable fixtures and equipment on the aforesaid expiration date: and Rev. 04-14-2010; Law No. 10-DWI-0'I4- IMFS No. SC PRO 0000000 4084 STOP-DWI Municipal Enforcement/Town of Southold revised` if necessar?, to include ~n5 imentoo changes during the last three (3) months of the Term. Protection of Property in Contractor's Custody The Contractor shall maintain vigilance and take all reasonable precautions to prolecl the furniture. fixtures, equipment, material or supplies in its custody against damage or loss by fire. burgiaO.. theft, disappearance, vandalism, or misuse. In the event of burglary, thefl~ vandalism, or disappearance of an~. item of furaiture, fixtures, equipment material or supplies, the Contractor shall immediately notify the police and make a record thereof, including a record of the results of any investigation which ma2,' be made thereon, in the event of loss of or damage to any item of furniture, fixtures, equipment, materials, or supplies from any cause, the Contractor shall immediately send the Count). a detailed written report thereon. Disposition of Property.' in Contractor's Custody Upon termination of the County's lhnding of an2, of the Sen4ces covered by the ContracL or al an3 other time that the Count ma3 direc~ the Contractor shall make access available and render all necessar3 assistance for physical removal by the County or its designee of any or all furniture, removable fiatures, equipment, materials or supplies in the Contractor's custody in which the County' has a proprietar3 interesL in the same condition as such propero.' was received by the Contractor, reasonable wear and tea- excepted. Any disposition, settlements or adjustments connected with such propem, shall be in accordance with the rules and regulations of the Count).' and the State of Nex~ York. Lease or Rental Agreements If lease payments or rental costs are included in the Budget ms an item of expense reimbursable by the County. the Contractor shall promptly submit to the Count, upon request, any lease or rental agreement If during the Term. the Contractor shall enter into a lease or rental a~eemenh or shall rene~ a lease or rental a~eement, the Contractor shall, prior to the execution thereof, submil such lease or rental a~eement, to the CounU for approxal. Statement of Other Contracts Prior to the execution of the ContracL the Contractor shall submit a Statement of Other Contracts to the County, which shall be attached as an exhibit to the Contract. If the Contract is amended during the Term. or if the Count exercises its option righL the Contractor shall attach a then current Statement of Other Contracts. 10. 22 of 25 pages Miscellaneous Fiscal Terms and Conditions a. Limit of CounB's Obligations The maximum amount to be paid b? the Count2,.' is set forth on the first page of the Contract. b. Duplicate Payment from Other Sources Payment by the Count>. for the Senices shall nol duplicate payment received by the Contractor fi.om an3 other source. c. Funding Identification The Contractor shall promptly submit to the CounP: upon request, a schedule for all pro.ams funded b5 the Count2,. itemizing for each such progr~ the sums received_ their source and the total pro.am budget. Outside Funding for Non-CounB, Funded Activities No~'ithstanding the foregoing provisions of the Contract. it is the intent of the County that the terms and conditions of the Contract shall not limit the Contractor from applying for and accepting outside want a~ards or fi.om providing additional educational activities/sen'ices which max result in the Contractor incurring additional costs, as long ~s the following conditions are met: i.) ii.) iii.) The Count)., is not the Fund Source for the additional services; Sufficient funding is available for or can be generated by the Contractor to cover the cost incurred by the Contractor to provide these additional sen'ices; and If sufficient funding is not available or cannot be generated, the County shall not he held liable for any of the additional costs incurred by lhe Contractor in furnishing such additional sen, ices. Prior to scheduling any such additional seP,'ices on County-owned propert?, the Contractor shall obtain written County approval. The Contractor shall, to the Count-.. 's satisfaction, submit any documentation requested b) the Department reflecting the change, and identif3, the additional sen'ices to be provided and the source of funding that shall be utilized to cover the expenditures incurred b2, the Contractor in undertaking the additional sen'ices. Rev. 04-14-2010; Law No. 10-DWI-014- IMFS No. SC PRO 0000000 4084 STOP-DWI iVlunicipal Enforcement/Town of Southold e. Potential Revenue The Contractor shall actixel3 seek and take reasonable steps to secure all potential funding fi.om ~ants and contracts with other agencies for pro,ams funded b2. the Count. Payments Contingent upon State/Federal Funding PaaTnents under the Contract may be subject to and contingent upon continued funding by State and/or Federal agencies. In such evenh no pa.wnent shall be made until the Contractor submits documentation in the manner and form as shall be required by State and/or Federal agenc3. If late submission of claims precludes the Count2..' fi.om claiming State or Federal reimbursement, such late claims shall not be honored. If, for any reason, the full amount of such funding is not made available to the County, the Contract may be terminated in whole or in part. or the amount pa,x~ble to the Contractor may be reduced at the discretion of the Count2..', provided that an) such termination or reduction shall not apply to allowable costs incurred by the Contractor priar to such termination or reduction. and provided that money has been appropriated for payment of such costs. g, Denial of Aid ffa State or Federal government agency is funding the Contract and fails to approve aid in reimbursement to the Coun~ for pa2.~ents made hereunder by the Count,__ to the Contractor for expenditures made during the Term because of any act, omission or negligence on the part of the Contractor, then the County ma2, deduct and withhold fi.om any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal government ~ency, and the Counts"s obligation to the Contractor shall be reduced by any such amounts. In such an event, if there should be a balance due to the Count' after Jt has made a final paymem to the Contractor under the Contract, on demand by the Count3., the Contractor shall reimburse the Count2..' for the amount of the balance due the Count2.,', payable to the Suffolk Coun~ Tremsurer. The provisions of this subpara~aph shall survive the expiration or termination of the Contract. h. Budget that the Budget. to the extent applicable, lists all personnel and/or all other costs of the SeP, dces. i. Payment of Claims Upon receipt ora Suffolk Count Payment Voucher. the Counu, at its discretion, may pa3: the Contractor during the Term, in advance, an amount not to exceed one sixth ( I/6} of the maximum amount to be paid by the Count5' set forth on the first page of the Contract. Payments Limited to Actual Net Expenditures The Contractor agrees that if, for any reason whatsoever, the Contractor shall spend during the Term for the purposes set forth in the Contracl an amount less than. or receive amounts more than, provided in the Budget, the total cost of the Contract shall be reduced to the net amount of approved, actual Contractor expenditures made for such purposes, and amounts received and that the total amount to be paid by the Counts' shall nol 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 expirmion of the Contract, if the Contractor's tulal amount of alinwable expenses is less than.the total amount oftbe payments made during the Term. the Contractor shall prepare a check payable to the Suffolk CounD' Treasurer for the difference between the Pao amounts and submit such paymem to the Coun~~, along with the final Suffolk Count3., Payment VoucheL Travel Costs Reimbursement to the Contractor for travel costs shall not exceed amounts allowed to County employees. Attendance at Conferences All conferences that m-e partially or fully funded b3 the County that the Contractor's staffwish to attend must be pre-approved, in writing, by the Count5 and must be in compliance with Suffolk Count5' Standard Operating Procedure A-07 and Executive Order No. 4-2004. Salaries The Contractor shall not be eligible to receive an) salar~ reimbursement until proof of deposit or payment of all withholding and pa2.TOII taxes to the Federal/State governments h~ been provided to the Coun¢:. Salary Increases No salara, xxage, or other compensation for the Set,ices shall be increased oxer the amounl stated in the Budget without the prior ix ritten approval of the CounD~. 23 of 25 pages Rev. 04-14-2010; Law No. 10-DWI-014- II~FS No. SC PRO 0000000 4084 STOP-DWI il/lunicipal Enforcement/Town of Southold o. Contractor Vacancies The Count? shall have the right of prior approval of the Contractor's filling of an) position ~acam as of the date of execution of the Contract or as max thereafter become vacant, and, in the exercise of that right, max, promulgate reasonable regulalions involving position control which shall be deemed to be incorporated by reference in. and be made pan of. the Contract. No Limitation On Rights Nov, vithstanding an.x~.hing in this Article VI, the Count).' shall have available to it all rights and remedies under the Contract and at law and equib'. Comptroller's Rules and Regulations The Contractor shall comply with the "Comptroller's Rules and Regulations for Consultant A~eements" as promulgated by the Count). Depanmem of Audit and Control and any amendments thereto during the Term. The Counp: shall provide the Contractor with a copy of any amendments to the "Comptroller's Rules and Regulations for Consultant A~eements' during the Term. ' End of Article V1 24 of 25 pages Rev. 04-14-2010; Law No. 10-DW1-014- II~FS No. SC PRO 0000000 4084 STOP-DWI Municipal Enforcement/Town of Southold Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibits Living Wage Union Certification Lawful Hiring Certification Regarding Lobbying Budget Modification Request Budget/Sen, ices Revisions Approval Standard Operating Procedure A-07 Amendment 1 and Executive Order 4-04 Comptroller's Rules Sample Suffolk County STOP-DWI Claim Payroll Register Sample Suffolk CounD, STOP-DWI Claim Record of Fringe Benefits Sample Quarterly Expenditure Report Sample Stop-DWI Monthly Arrest Report 25 of 25 pages Section I Check ii applicable i/we fl~nhcr agree ihai any tenant or Leaseholder of Ibis compan} ihal empio., s at least ica ( 10} persons and occupies prope,~., or uses equipmem or proper~ chat is improved or deveJopcd ~ a re'qd[ ol'campensaiion or any conlractor or subconirac~or o~ this compan5 Ihat employs aI i.*a~ ~en i 10~ persons in producing or providing goods or se,wice_~ io fids compan> ih~!! cue used in ihe prt~ect or manet for which ihis company has received compensation shall comply all Ihe proxisions of!he Law. indudin~ those specified above (Cimp~cr d~e purpose ofmoniioring compliance wdh reguladon~ under tiffs Chaplet of ihe Suffolk Coun~ Code. investigating employee comp]aims of noncompliance and evaluating the operation and ¢ [YeCL~ ofthls Chapter: including the produciion to[ inspection & cop} ing of payroll records for aa.'. or all empleyees for thc term of the conrrac[ or For ave ! 5, > ears xGfichever perlod o£compfiance is longer AIl puyrol! and bencfit rco>rds requirsd b} ihe Counp.., will be maJnlained for inspection for a similar period of time. (Chapter 347-7 D) The Count' Oepamnent of L~N:,or shall review ~he records of an> Covered Emplo) er a~ least once eyed dwee years to verifi., compliance wiih the provisions o£1he Law. IChnpter 347-4 C~ Section The LA mg !~ age La~ does nol appl) [o lhi> contract for ihe following reusonlsl: applicable Section 111 Contraclor Name: To~4n of Southold Federal Emplo>er ID~: 116001939 53095 Route 25- POB 1179 Southold, NY 11971 (631) 765-2600 STOP DWI Oescriptionofpr~eo¢otsecvlce: $19,000.00 ~ .._/~__ _~' ~'~'- ~ / 4/8/10 Carl'sl~ran, 3r., Chief of Police SUFFOLK COUNTS' DF P 4RTMENT 'OF ~.~_BOR - £_,, J_, x G U;4 GE UNIT NOT!CE OF APP=tCAT_O,., FOR COUNTY COMPENSAi'[ON {Contract) 1) 2) 4) 6) Li'.in~ \', az¢ La~:. Su~b!k Couni3 Code. Chamer ~47 (~00 To Be Completed By Applicant/Employer/Contractor NAME: Southold Town Police Department -: ~ ,_,. 11-6001939 ~ ENDOR .. CONTACT: Carl±ske E. Cochran, Jr. Cniet o~ Police _4A~DRES§: 41405 Route 25- POB 911 3) CONT1L~CT ED #: 5) TELEPHONE #: (63I) 765-2600 Peconic, NY 11958 7) 8) 9) TEP..M OF CONTtL~CT (DATES): 1/1/10 to 12/31/10 PRO,TECT N:~-ME: ( iF DIFFERENT FROM #i) STOP owl AM©UNT: $19,000.00 10) AWgA~.D!NGAGENCS: S__uffolk County STOP-DWI 11) BRIE_~ DgSC_~HPt iO!~ OF PROo~-CT OR SERV!CE: STOP DWI Enforcement 12) PROJECTED EMPLOYJiENT NEEDS: (attacl~ a statement listing, by.job classification, the total wor~orce dedicated to pen?orming this contract or se~wice, including calculation of estimated net increase or decrease in jobs as a result of funding). 13) PROJECTED WAGE LEVELS: (attach a statement listing projected wage levels, compensated days off and medical benefits for total world'orce dedicated to fuH~lling the terms of this contract, broken down annually for each >'ear of the term of the contract). L\V- . .ex ised 4/05! POLICE DEPADTivlIfNT TO\VN O[ 801JTI-IOI_D Te ephone £mer~enc. Dial L) I Suffolk County Department of Law Addendum to LW-1 Re: Items 12 and 13 The Southold Town Police Department will participate in the Suffolk County STOP-DWI program in the following manner: Officers will be assigned on a voluntary overtime basis to work tours of duty exclusively assigned to violations of section 1192 of the V&TL. Officers assigned will only be full time officers covered by the current contract. The lowest hourly rate for an officer is $19.38 with a minimum of 34 compensated days off All participating officers receive a full medical benefit package. All wage/benefit information is on file and available for inspection at your request. .~.dmintsr*am,' i (iS I , 7(~5 2(~00 2{~[11 ° F,~x . (G 1 , -(~B-27 t 5 SUFFOLI< COUNTY D£PART~I£~T OF LABOR- LABOR ~I£DIATION L,~IT U,'~IO.,~ ORGANIZING CERTIFICATION/DECLAIL-\TIO,~ SLBJECT TO AtiDIT If the followil~g definition of "Coun~ Contractor" (bnion Organizing Lng5 Chapter 466-2) applies to the below. Completed forms must be submi.ed to ~he assnrdin8 ~genc). any of the above." Section I ~ Coumx: Loca! La~ ~o. 26-2003. the Suffolk Count:; Lnion Or~izine Law ~the law~ and~ as ~o the goods an~;or ~pplicable promote, or deter union organizing (Chapter 46~3 B) Depanmenl of Law upon request. (Chapter 466-3 l) Counb oi' Iwe will nol coerce or imimidale employees, explicifl) or implicitly, in selec[ing or noi ~dectin~ a bargaining Section I1 To~n of Southold 53095 Route 25 - POB 1179 Southold, NY 11971 (631) 765-2600 Descrip6on ofprojeci or scr'.~ce: STO~DWI reuer~!~£11?k>=rlD~. 116001939 Z. meuni oi qssisi~nc~ ~$19 , 000.00 certification, and ~ha~ the ~/~ ~- 4/8/~0 Carlisle E. Cochran, Jr., Chief of Police SL FFOLK COUNT~ DEPA'RTMENT OF LABOR NOTICE OF APPLIC :TION TO CERTIFY COMPLIANCE WITH FEDERAL LAW ~8 U.S.C. SECTION 1324A) ~h ITIq RESPECT TO LAWFUL HIRING OF EMPLO~ EES Su.,%o!k Coun~ Code Chapier 234 (2006! To Be Completed By Applicant/Co~ ered Emplo)er//O~ner EMPLOYER/COFLP./BUSINESS/COMPANY NAME: Southold Town Police Department 1) ADDRESS: 41405 Route 25- POB qll Peconic, NY 11958 2) NOT-FOR-PROFIT: YES NO X (SUBMIT PROOF OF IRS NOT-FOR-PROFIT STATUSI 3) VENDOR#: 11-6001939 4) **CONTILACT ID: (l f Imown) (If known~ 51) CONTACT: Carl±sle E. Cochran, J$'~TELEPHONE#: (63i) 765-2600 Chief of Police 7) TER_M OF CONTP~AC/ OR EXTENSION (PROVIDE DATES)~ 1/1/10 to 12/31/10 8) AIVlOUNT OF CONTRACT OR EXTENSIOb,: $19.0O0. OD 9) BRIEF DESCRIPTION OF PROJECT OR SERVICE STOP DWI Enforcement SUBCOiYTRACTOR: 1) ADDRESS: 2) VENDOR~: 3) TELEPHONE #: 4) CONTACT: 5) DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE: EVIDENCE OF COMPLIANCE: COPIES OF THE FOLLOWING MUST BE iviAiNTAtNED BY COVERED EMPLOYERS OR Tile OWNERS THEREOF FOR EACH EMPLOYEE FOR THE TI,ME PERIODS SET FORTH IN SUFFOLK COU.NTY CODE, CHAPTER 234. SECTION 5 (C): A. United Slates p~ssport; or B. resident alien card or alien registration card; or C. birth certificate indicating that person was born in the United States: or D. (1) a dri~ er's license, il'it contains a photograph nf rite mdi~iduah and (2)a socialsecurib' account number card (other dmn such a card which specifies on its facetlmt ~heissuan£eof~hecarddoesno authorize emplo)ment in d~e United States}; or E. employment a,thorization documents such as an H-I B x isa. tt-2B xisa, and L-I ~isa. o~ uther ~ork visa as ma? be authorized b? the United States Go~ernment at the time ihe Count> contrad is a~arded for cmeredenlplo?ees. LHE-I L03/07~ Ai.-FLDA'~]T OF COMPLLANCE \X!TH TI:liE REQU]REBLENTS OF 8 U.S.C. SECTION 1324a X~,qTH RESPECT TO LAWFUL HILLING OF EMPLOYEES State of New York '~ ss: Conn,'of Suffolk } Carlisle E. Cochran, Jr. being dui>, sworn, deposed and sa}s: (Pr nt Na~ e ofDepo ent) }. [ an1 ~l~r/authorized representati;e of Southold To~,m Police Departmen~ ICircle one) [i%;aine of Coqp.. Business. Company) 2. l certi~ that I have compiled, in good thith, with tile requirements of ]'itle 8 of the United States Code (U.S.C.) section 1324a (Aliens and Nationalit>) wi~b respect to the hiring of cove~ed emplo5 ees and with respec~ to the alien and nationaliu: status of the owners thereof, as set fo~b in Suftblk County Code Chapter 234 (2006) (Signature of Deponent) Sworn to befbre me this ~-k da) of April .20 10 (%lotar) Publicl I MICHELLE L MARTOCCHIA NOTARY PUBLIC - STATE OF NEW ¥O1:~ NO. 01MA615667t QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES NOV. 27, ~0..19, LHE-2 (01/07) Certification Regardin9 Lobbying for Contract, Granta, Loans and Cooperative Agreements The undersigned certifies to tne 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 e~ension continuation renewal, amendment, or modification of any contract, grant, ioan, 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 Repod Lobbying', in accordance with its instructions The undersigned shall require that the language of this ce,~ification 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 all subrecipients shall ce~iify and disclose accordingly This certification is a materia! representation of fac~ upon which reliance was placed when this transaction was made or entered into Submission of this ce~iification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, US 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 Providei': County of Suffolk SC PRO 00000003330 Agreement Number: Sign: ~ Name: Carlisle E. Cochran, Jr. Title: Chief of Police Date: 4/8/10 Page I of 1 COUNTY OF SUFFOLK OFFICE OF BUDGET AND MANAGEMENT CONTRACT BUDGB7 MODIFICATION REQUEST Page 1 of I %ne program budgei contained in the Agreement. of COUNTY OF SUFFOLK and Program Name is hereby amended as follows: Contract Ne. be[ween the 'LINE NUMBER (HEADING) ' DESCRIPTION $ BEFORE $ AFTER $CHANGE+ OR- NE]- CHANGE $ Except as set fodh above, trois budget modification shall not be deemed to change any condition or provision in the said Agreement. By: By: Name: Name: Title: Title: Date: Dept: Agency: Date: FOR THE COUNTY OF SUFFOLK APPROVED BY: / BUDGET DIRECTOR DATE: NOTF_: This form is not to bs use¢ to affect an.,,, net increase in the budget USE REVERSE EOR SUPPORTING STATEMENTS E×~. Fo~m 23 (10;,'72) Contractor: Contract Budget/Program Description Approval Form Revision No. Agreement No. Agreement Period: Law No.: Date last executed/amended: Budget Period to which this revision applies: Items that are being changed by this revision: Budget: Adopting ~ Revising_ Pseudo Code: New Budqet amount: Amount of Increase/Decrease; Pl~ogram: Deleted: Other Changes: (identify): Added: S~ppoding documentation attached Reso ution, Budget ' Program Narrative Other Department of Contl'acto~: By: By: Name: ' Name: Title: Title: Date Federal Tax I.D.#:. County ExecuUvs Budge{ Office: Name: Title: Date Date Fiuanae Unit: By: Name: Title: Date Division: By: Name: Title: Date STANDARD OPERATING PROCEDURE OFFICE OF TILE COUNTY EXECUTIYE Date: 08/05 Number: A-07 Amendment 1 Approved by: STEVE TRAYEL. CONFERENCE, AND 1VEEETLNG ATTENDANCE THIS SOP SUPERSEDES TILE SHEETS IN THE SOP .MANUAL THAT IS IDENTIFIED AS "SOP A-07" DATED 4~/97. HOLDERS OF THeE SOP MANUAL SHOULD REMOVE AND DISCARD THE CITED SHEETS AND REPLACE THEM x.~qTH THIS DOCUMENT. 1. Purpose: This SOP details how employees can obtain approval for conference attendance, travel out of Suffolk County during count' time for conferences or seminars, and government related meetings with an ovemigin stay. 2. Scope: This SOP applies to all Counb' Employees in all count' departments, offices, or agencies. 3. Nature of Chan~es: This procedure amends the previous version dated 3/22/04. The new procedure will require the booking of hotel accommodations, rental ears, airplane travel, and AMTR_AK be handled ffa-ough a designated travel agency. 4. Definitions: (I) A Conference is defined as a large group of people assembling together to discuss a wide range of topics. The Annual New York State Association of Counties Conference is a0 example of a conference. (2) A M~tino~ is defined as a one da3', regularly scheduled or impromptu, gathering of people for a specific purpose. A meeting of the LegislatiYe Subcomminee of the New York State Association of Counties is an example of a meeting. (3) A Seminar is del'reed as a group of people assembling for education or training related to performance of a one's job duties as a count, employee. 5. Procedure: A. Conferences 1) No more than twvo (2) persons from a depar'nnent will be permitted to at-tend a conference, meeting, or seminar. Certain exceptions will be granted if a conference, meeting or seminar has programs with conflicting hours, if it requires more than one person to attend, or if special circumstances warrant more attendees (e.g., mandated training). 2) No reimbursement will be made for an overnight stay in New York Cits, Nassau or Suffolk County. Employees x~'ill be required to commute to conferences, meetings, and seminars in these locations. Reimbursement for meals shall be limited to those instances in which it is required by binding legal obligation. 3) An application for conference attendance, an~i travel, Executive Fon'n 10, must be submitted so that it arrives at the County Executive's Budget Office at least two weeks prior to the conference date. If an emergency need to attend a conference arises, the form should be faxed to the Deputy County.- Executive for Finance and Management for approval. Any applications submitted less than two (2) weeks prior to the conference date shall be automatically denied, unless a documented emergency caused by an unforeseen event beyond the control of the applicant has caused the delay in filing the application. In no circumstances should an employee attend a conference before the conference form has been approved. There w'ill be no reimbursement for conference attendance forms submitted after the date of the conference for individuals who attended conferences prior to receiving an approved Conference Attendance Form and a personal day or vacation day will have to be charged by such employee in the absence of such approval. 4) Ali travel needing hotel accommodations, airline travel, car rental, and AMTR~K shall be arranged through a designated travel agency. 5) Supporting information such as brochures, program descriptions, itineraries, documentation, fees, rationale, application, etc., must be submitted with Executive Form # 10. 6) The Rules and Regulations governing travel orders and accounts, promulgated by the county Department of Audit and Control, must be followed in preparing Executive Form #10. 7) The box indicating '~Total Cost of this Conference" and the section at the bottom indicating "Travel Cost" and "Total ~ost" should be filled in on all copies. All applications for conference attendance will be rettmaed to the respective deparunent, office or agency if any of the above procedures have not been adhered to. COUNTY OFSUFFOLK Steve Levy SUFFOLK COUNTY EXECUTIVE H. ~ee De~on Exec~ve Office B~cl~g P.O. Box 6100 Haup~e ~ 117~99 (631)) EXECUTIVE ORDER NO. 4,=2004 TO: FROM: RE: All Department Heads Hon. Steve Levy, Suffolk County Executive Travel Vouchers Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be advised that any requests for approval or payment for travel under Sections 2-t6 and 3-2 of the SUFFOLK COUNTY ADMINISTRATIVE CODE shall not be approved by the County Executive unless it secures the approval of the Chief .Deputy County Executive and Deputy County Executive for Finance and Management. .STE~VE"-f_EV~( //' '~ County Executive of Suffolk County . cc: Henry L. Barton, Jr., Clerk of the Legislature EO,-t ravel-vo uchers-4-2004 COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steve Levy COUNTY EXBCUTfV~ EXECUTIVE ORDER NO. 1-2005 AMENDING EXECUTIVE ORDER NO. 4-2004 TO: FROM: RE: All Department Heads Steve Levy, County Executive of Suffolk County Travel Vouchers - Update Please be acivised that Executive Order No. 4-2004, Travel Vouchers, is hereby amended to read as follows: Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be advised that any requests for approval or payment for travel under Sections 2-16 and 3-2 of the SUFFOLK COUNTY ADMINISTRATIVE CODE shall not be approved by the County Executive unless it secures the approval of: 1_].. Paul Sabatino II, [the] Chief Deputy County Executive; and [Deputy County Executive for Finance and Management] Jeffrey Szabo, Deputy County Executive and Chief of Staff. This Executive Order supersedes Executive Order No. 4-2004, Travel Vouchers.. DATED: March /,~./,2005. STEVE ~y'~'t/ ~ COUNTY EXECUTIVE OF SUFFOLK COUNTY ] Brackets denote deletion of existing language. Underlining denotes addition of new language, Henry L. Barton, Jr., Clerk of the Legislature Kevin S. Law, Esq.., Chief Deputy County Executive for Administration and General Counsel Paul Sabatino II, Esq., Chief Deputy County Executive Frederick BJ Pollert, Deputy County Executive for Finance and Management Jeffrey Szabo Deputy County Executive and Chief of Staff Jeanine Dillon, Assistant Deputy County Executive Adam Santiago, County Executive Assistant, Intergovernmental Relations Division Amy Engel, County Executive Assistant Executive's Technology Unit EO-1-2005.Travel-Vouch ers-updat ed COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steve Levy EXECUTIVE ORDER NO. 1A-2005 AMENDING EXECUTIVE ORDER NO, 4-2004 TO: FROM: RE; All Department Heads Steve Levy, County Executive of Suffolk County Travel Vouchers - Update Please be advised that Executive Order No. 4-2004, Travel Vouchers, is hereby amended to read as follows: Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be advised that any requests for approval or payment for travel and related expenses and attendance under Sections [2-16 and 3-2] 2-17 and 3-1 of the SUFFOLK COUNTY ADMINISTRATIVE CODE shall [not] on,!y be approved by the County Executive [unless it secures the approval of] or by: 1 .) Paul Sabatino II, Chief Deputy County Executive; and 2.) Jeffrey Szabo, Deputy County Executive and Chief of Staff. This Executive Order supersedes Executive Order No. 4-2004, Travel Vouchers. DATED: July, V 'i~0.5~' [ ] Brackets denote deletion of existing language. Underlining denotes addition of new language. CC: Henry L. Barton, Jr., Clerk of the Legislature Kevin S. Law, Esq., Chief Deputy County Executive for Administration and General Counsel Paul Sabatino II, Esq., Chief Deputy County Executive Frederick B. Poilert, Deputy County Executive for Finance and Management Jeffrey Szabo Deputy County Executive and Chief of Staff Jeanine Dillon, Assistant Deputy County Executive Adam Santiago, County Executive Assistant, Intergovernmental Relations Division Amy Engel, County Executive Assistant Executive's Technology Unit EO_ 1A.20OS-Travel-Vouchers-updated- 1 A COUNTY OF SUFFOLK DEPARTlVIENT OF AUDIT AND CONTROL ComPtroller's Rules and Regulations for Consultant's Agreements REVISION D EFFECTIVE 6/01/01 JOSEPH SAWICKI, JR. COUNTY COMPTROLLER TABLE OF CONTENTS Purpose ..................................................................................... Scope ..................................................................................... Definitions ..................................................................................... Allowable Claims ................................................................................. Claim Submission ................................................................................ Out of Pocket Expenses ........................................................................ Sub-Contractor Claims ......................................................................... Certified Statements ............................................................................. EXHIBITS EXHIBIT A County of Suffolk, Standard Payment Voucher - FORM PV ..................................................... EXHIBIT B Consultant's Time Summary - FORMA&C108 .......................................... EXHIBIT C Consultant's Expense Summary - FORM A& C 109 .......................................... EXHIBIT D Employee's Overtime Expense Summary - FORM A & C 110 .......................................... ~age 4 6 ? 9 10 11 12 -1- 1. Purpose- This tVlanual establishes procedures for the reimbursement of - expenditures for consultants under contract with the County, 2. Scope- These instructions apply to all County departments and agencies utilizing consultant services. 3, Definitions- a, Consultant- An individual or firm engaged to provide outside professional services to Suffolk County departments and agencies. b, Consultant's A.qreement- Awritten contract describing the specific services to be rendered by the consultant and the amount and terms of payment for the services to be made by the County. The consultant's agreement shall constitute the sole authorization for payment of claims. The consultant's agreement shall be prepared in accordance with the County Executive's Operating Procedure~, SOP #1-05. Non-specific general purpose or lump sum payment agreements are not recommended. 4. Allowable Claims- Only claims which are submitted for expenditures specifically identified in the agreement will be approved for payment. Generally, the agreement will stipulate a maximum fee for services rendered which is based upon a rate per day or per hour. Accordingly, a rate schedule is an integral part of each consultant's agreement. Increases will be allowed only by amendment to the agreement. Out°of-pocket expenditures are reimbursable if it is so stipulated in the consultant's agreement. -2- 5. Claim Submission. Consultants should submit their claims for reimbursement through the County department or unit responsible for the consultant's assignment, using appropriate forms, as indicated below: a. Claim Voucher- A County of Suffolk Standard Payment Voucher Form FORM-PV (Exhibit A) must accompany each consultant claim. The claim voucher should refer to the consultant's agreement under which payment is requested and indicate the category of expenses or contract covenant applicable to the claim voucher. It should be initialed by the departmental unit representative under whose supervision or jurisdiction the work was pertormed, signifying that the consultant has complied with all the terms and conditions of the agreement under which the payment is requested. The voucher must then be signed by the department head or his duly authorized representative and forwarded to the Department of Audit and Control for payment. b. consultant's Time Summary, Form A&C 108 (Exhibit B) - The Consultant's Time Summary should be used to record daily hours worked by each staff member of the consultant working on'the project. Space is provided to record and extend the hours and wages of each staff member assigned to the project on one form. The completed Form A&C 108 must be signed by an authorized individual of the consultant's firm. It should then be attached to FORI~ PV, County of Suffolk Standard Payment Voucher Form. A copy of the consultant's payroll register with a cover letter indicating the individuals charged to the project for the claim period will be accepted as a substitute for the Consultant's Time Summary. -3- c. Consultant's Expense Summary~ Form A&C 109 (Exhibit C) - The Consultant's Expense Summary should be used to detail expenses for travel, meals, lodging or other necessary and reasonable out-of-pocket expenditures incurred on the project. Each expense item should be documented by a receipted bill, sales slip or invoice, which total the daily expenditures shown · on the form. The completed Form A&C 109 must be signed by an authorized individual of the consultant's firm. It should then be attached to FORM PV, County of Suffolk Standard Payment Voucher Form. d. Employee's Overtime Expense Summary~ Form A&C 110, (Exhibit D)- The County will reimburse employee overtime expenses only when there is a contractual obl!gation to do so. The consultant must fill in all applicable information for each day that overtime is claimed. The County will reimburse overtime related expenses (mileage, taxi fare, meals) only if these benefits are part of the company's own policy regarding employee overtime and these expenses are a pass-through expense of the company and ultimately paid to the employee, The consultant must provide the County with a printed copy of its overtime policy in order to have such claims considered. The completed Employee's Overtime Expense Summary (FORIVI A&C 110) must be signed by an authorized individual of the consultant's firm. It should then be attached to FORI~a PV, County of Suffolk Standard Payment Voucher Form. -4- 6. Out-of-Pocket Expenses- If these expenses are reimbursable under the . consultant's agreement, the following rules and guidelines should be considered before incurring such expenses and submitting claims: a. Meals- Meals are reimbursable under a consultant's contract only if the purpose of the meal is valid, that is, authorized under the contract as subsistence while traveling. Effective January 1, t987, the per diem meal allowance shall be in accordance with the current maximum reimbursement rate for food as established by the U.S. General Services Administration for the New York region. As published in IRS Publication 1542 per meal rates shall be prorated. (2001 rate is $38.00 per diem including tax, prorated as follows: $12.66 per meal: breakfast, lunch, and dinner.) Audit and Control should be contacted for allowable rates for future fiscal periods. (Gratuities, at a reasonable and customary rate, shall be reimbursed over and above the stated limits.) The County will not honor claims for the reimbursement of "business meals" submitted by members of the consultant's firm who are not traveling out of town (overnight) in per[ormance of the contract. Where a consultant meets the necessary criteria to be reimbursed for meals, no receipts will be necessary but a certified statement will be required. -5- b. Lodclinqs- Effective January 1, 1987, claims for lodgings will be reimbursed at a rate not to exceed the current maximum reimbursement rate for lodging as established by the U.S. General Services Administration for the New York region as published in the IRS Publication 1542 (2001 rate is $149.00 per diem, including taxes.) Claims for lodgings must be accompanied by paid receipts. Audit and Control should be contacted for the allowable rate for future fiscal periods. c. Air Fare- Airfare will only be reimbursed at the economy coach rate and a receipt will be necessary. Individuals choosing to.fly first class will not be reimbursed for the premium expenses incurred. d. Milea.qeo The County will reimburse mileage claims in accordance with the applicable current rate being allowed by the U.S. Internal Revenue Service (2001 rate is $ .34 1/2 per mile). Consultant must provide origin, destination and miles traveled for each trip. Audit and Control should be contacted for the allowable rate for future fiscal periods. e. Taxis- Taxi fares up to $25.00 will be reimbursed based on actual receipt or certified statement. Any taxi expenses in excess of $25.00 per trip will require receipts. Receipts and certified statements shall include origin and destination, as well as the purpose of the trip. f. Subways and Buses {local)- A certified statement will be adequate documentation for these expenses. g. Tolls- Receipts or certified statements will be adequate documentation for this expense. -6- h. Telephone Expense- Telephone expenses up to $25.00 per month will.be reimbursed based on a receipt or certified statement. Telephone expenses totaling over $25.00 will require copies of the telephone company bills with the appropriate calls circled. i. Photocopies- In lieu of a specific contract for photocopies, the County will reimburse at a cost not to exceed $.15 per copy, including labor. A certified statement will suffice for reimbursement. 7. Sub-Contractor Claims- When the consultant is authorized in the Consultant's Agreement to hire a sub-contractor, the Comptroller's office should be supplied a copy of the sub-contractor's agreement. Claims will not be processed if they are not in compliance with the contract between the Consultant and the County. The reporting requirements of the sub-contractor will be the same as that of the Consultant. Details of all expenditures claimed must be documented in the same manner. If the sub-contractor's agreement with the Consultant is a lump=sum payment agreement, detailed documentation reporting requirements are waived. 8. Certified Statements- When the consultant incurs minor travel or other out-of- pocket expenses for which receipts are not available, he shall prepare an itemized statement detailing the type and amount of expense, including the time, date, and place incurred. After summarizing expenses claimed, the consultant must add and sign the following certification terminology: "1 DID INCUR THIS EXPENSES AS A RESULT OF BUSINESS CONDUCTED IN RELATION TO THE CONTRACT WITH SUFFOLK COUNTY." Signature of Authorized Person -9o EXHIBIT A EO. Box 6100, ~'lauppaug¢. NY 11788-0099 '~:-'.'-27~<. : '~?' ' '.= '. - - . . '3 ~-..9. ~.~' ..:., ... · -, , ............. , , . ,. ..... ~.~ -- ~',~- ~ - " ' ...... - =" ~';'~7 -'~'~'~-'~' =:'q O5 Additlonnl Commeat~ SIGNED DATE TITLE PAYEE'S SIGNATURE TIT~E NAME OF COMPANY - 10- EXHIBIT B COUNTY OF SUFFOLK COUNSULTANT'S TIME SUMMARY DEPARTMENT OF AUDIT & CONTROL- FORM A&C 108 CONSULTANT'S NAME PERIOD BEGINNING PERIOD ENDING 3 ~ fi 7 10 11 i28 13 14 [5 16 TOTAL La, TE TOTAL Name of Staff Member 17 1 $ 19 20 ! 1 22 23 ~.4 -~5 26 27 ~.9 30 g I HOURS ~ER HR DUE TOTAL REIMBURSABLE CONSULTANT TIME: $ AUTHORIZED SIGNATURE EXHIBIT C COUNTY OF SUFFOLK COUNSULTANT'S EXPENSE SUMMARY DEPARTMENT OF AUDIT & CONTROL - FORM A&C 109 CONSULTANT'S NAME PERIOD BEGINNING PERIOD ENDING I 6 l0 11 12 13 14 [5 16 AMOUNT Expenditure Items 17 [8 19 >.0 21 22 !3 .>4 ~5 26 27 .~8 29 30 Il DUE &ir, Rail or Bus Fransponation ~.uto Rental or Mil~age ~.~ach Schedule) Foils and Parking Fees Faxi or Limousine a. ttach Schedule) Vleal/Tips ~odging/Tips Telephone and Telegraph Materials or Supplies Equipment Other Supporting Services Attach Schedule) $ All expenditures should be covered by receipted bills and/or valid explanation. TOTAL REIMBURSABLE CONSULTANT TIME: Necessary purchases of materials, supplie~, equipment or services should be tg vendor, iption, unit cost and purpose. AUTNOPdZED SIGNATURE - ].2- EXHIBIT D EMPLOYEE'S OVERTIME EXPENSE SUMMARY (Submit with Consultant's Expense Summar~j) Department of Audit and C( trol FO Employee's Name: Regular Rate $: IOvertime Rate $: Date Straiqht Time Total S.T. Overtime Worked O.T. O,T. Hours x From To Hours From To Hours O.T. Rate Purpose of Overtime Total ~; URSABLE OVERTIME EXPENSER Date Meals * Mileage Allowance * Taxi or Limo Total Per Day $ tTotal $ ALL EXPENDITUR£S SHOULD BE COVERED BY RECEIPTED BILLS ~NDIOR VALID EXPLANATIONS State origin and destination. Use back of sheef~ if necessary, Consultant's Name Authorized Signature FORM A&C 110 Suffolk County STOP-DWI Claim Payroll Register Personal Services - Page 1 Month of ,2009 Voucher #: Claiming Agency: Instructions: Use this form to detail all SalaryNVage Expenses for your project, for the period claimed. Submit this form together with a Standard Suffolk County Voucher to insure prompt processing. Check Date Number Payee Job Title Service Period I Amount CERTIFICATION: I certifl/that the above information is just, true and correct; that no part thereof has been previously reported, and that such expenditures are proper and necessary. Project Director or Fiscal Officer: Signature and Title Date: / / Note: This register is not sufficient verification to support your claims. You MUST send additional material such as payroll records to support interim or post-audit of project expenses. You must maintain such documents on file as well. Use Page 2 of this form to record fringe benefit and Consultant costs for this project only if they are part of your contract budget. Suffolk County STOP-DWI Claim Record of Fringe benefits Personal Services - Page 2 Month of ,2009 Voucher #: Claiming Agency: Instructions: Use this form to detail all Fringe Benefit Expenses for your project, for the period claimed. Submit this form together with a Standard Suffolk County Voucher to insure prompt processing. Fringe Benefit Expenses must be part of your original contract to Check Date Number Payee be considered valid expenses. Job Title Service Period Amount CERTIFICATION: I certify that the above information is just, true and correct; that no part thereof has been previously reported, and that such expenditures are proper and necessary. Project Director or Fiscal Officer: Signature and Title Date: / / Note: This register is not sufficient verification to support your claims. You MUST send additional matedal such as payroll records to suppod interim or post-audit of project expenses You must maintain such documents on file as well. Use Page 1 of this form to record SalaryANage costs for this project. Program Title: Quarterly Expenditure Report To: Suffolk County STOP-DWI Program From: Contract Period: From: To: Project Budget Category I Budgeted Amount PERSONAL SERVICES WAGES/SALARIES FRINGE BENEFITS SUBTOTAL OTHER THAN PERSONAL SERVICES SUPPLIES/MATERIALS TRAVEL EQUIPMENT PURCHASE ALL OTHER COSTS SUB TOTAL TOTAL PROJECT COSTS Expended this Month ITotal Expended to Date I Balance Remainin~l $ $ $ 15 $ $ $ l$ $ $ $ $ ' I $ $ $ $ $ $ I$ $ CERTIFICATION: I certify that the above information is a complete, accurate, and up-to-date portrayal of actual necessary expenditures made for my project during the time period indicated. Project Director or Fiscal Officer: / / Signature and Title Date: INSTRUCTIONS: The Project Director or Project Fiscal Officer must submit a Quaderly Expenditure Report to the STOP-DWI Coordinator within 30 days after the close of each quarter. Such report, when submitted in conjunction with "Standard Vouchers", will help monitor overall project progress, ensure proper cash flow to maintain the project, and help you plan and control expenditures for the duration of the project. All expenditures submitted should reflect only those incurred for the period submitted. BUDGET AMMENDMENTS: You may not exceed the Total Project Budgeted Amount or Project Budget Category Amounts without written approval, as per conditions of the contract. Expenditures may be disallowed if they exceed limitations without prior written approval from the County. R~EPORTING AGENCY STOP-DWI rt/IONTHLY ARREST REPORT SUFFOLK COUNTY .REPORTING PERIOD Total number of Eersons arrested and charged with a violation of 1192. Total number of charges for: a. 1192.1 b. 1192.2 c. 1192.2 and 1192.3 d. 1192.3 e. 1192.4 Total number of persons arrested for Section 1192 violations by sex: a. Male b. Female -- 6. Total number of persons arrested for Section 1192 violations by day: a. Sunday b. Monday Tuesday Wednesday -- e. Thursday f. Friday g. Saturday 7. Total number of persons arrested for Section 1192 violations by time intervals: a. 6:01 AM to 6:00 PM b. 6:01 PM to 9:00 PM c. 9:01 PM to 12:00 AM d. 12:01 AM to 3:00 AM e. 3:01 AM to 6:00 AM Total number of persons arrested for Section 1192 violations by age: a. under 18 b. 18 c. 19 - d. 20 -- e. 21-24 -- f. 25-29 g. 30-34 h. 35-39 i. 40-44 - J. 45-49 -- k. 50-54 -' I. 55-59 - m. 60-64 - n. 65-69 -' o. 70 and over ~ Total number of persons arrested for Section 1192 violations by BAC Level: a. Chemical test refusals: b. Test administered - result--~-nnot available: _ Negative .01 .... 16 .02_ .17 .03 _ .18' .04 .19 .o5_--- .20.- .06_ .21_ .07 .22 .23 .09- _ .24- .10_ .25~__ .11 _ .26 .12 .27 - 13 _ .28 14_, .29~ 15. 30_