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HomeMy WebLinkAboutYouth Services ProgramRESOLUTION 2010-464 ADOPTED DOC ID: 5999 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010464 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and the County of Suffolk in connection the 2010 Youth Services Program in the amount of $10,585 for the term January 1, 2010 through December 31,2010, all in accordance with the approval of thc Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Conncilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell ABSENT: Louisa P. Evans Y02 111-25-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency IFMS NO. SCSEXE10000002839 Contract This Contract ("the Contract") is between the County of Suffolk ("the County"), a municipal corporation of the State of New York, acting through its duly constituted Youth Bureau ("the Department"), located at H. lee Dennison Building 3~ Floor, 100 Veterans Memorial H~ghway, Hauppauge, New York (Marling Address: P.O. Box 6100 Hauppauge, New York 11788-0099); and Town of Southold ("the Contractor"), a New York municipal corporation, having its principal place of business at 53095 Main Street, P.O. Box 1179, Southold, New York 11971 and Family Service League (Implementing Agency), a New York not-for-profit corporation, having its principal place of business at 790 Park Avenue, Huntington, New York 11743. The Contractor has been designated to receive funds from the County for various delinquency prevention programs ("the Services") through the Contractor and its Implementing Agency as set forth in Article I, entitled "Description of Services and Budget." Term of Contract: Total Cost of the Contract: Terms and Conditions: January 1, 2010 through Dec~mber 31, 2010 Shall not exceed $10,585, as set forth in Article I, attached. Shall be as set forth in Articles I through VI, attached hereto and made a part hereof. la Witness Whereof, the parties hereto have executed the Contract as of the latest date written below: Town of By:. Title Date Chief Depu~.~ou~ty Executive Date: / fO penalties of perjury that I am an officerpf ~-~]~rvice Leagne familiar with §A5-7 of A~icle V of the Suffolk County Code, Nl~nm~ ~ e~- .~oc~7-/x~olc~ memal! Title require~_ ~IV~ qualify for~on thereunder. Federal Tax ~. 3z~ifie~ _ .~ ~ q~ for ~x~on ~d~. 1 of 27 pages illlll[lli 0006391 Y02 11~-25-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency Departme: By: Louis ^ Medina MSW ) ] Executive Director "-I ]~5~ / IFMS NO. SCSEXE10000002839 Approved as to Legality: Christine Malafi, County Attorney By: Patricia M. Jordan Assistant County A,t~ Date ' I I 'MI /~c /' 2 of 27 pages ¥02 1%25-2009 template Rev. 4-15-10; Law No. 10-YO- Youth BUreau Implementing Agency List of Articles Article I Page # Description of Services and Budget ..................................................................................................................... 6 Article I A ................................. Department Specific Provisions ................................................................ . 1. Certificate of Incorporation; Board Meetings ................................................................... 7 2. Contractor's Staff .................................................................................................................................. 7 a. Prior Approval ...................................................................................................................... 7 b. Current Procedures ....................... "7 3. Human Services Division Technical Assistance and Training .............................................................. 8 4. Youth Sports ........................................................................................ · . . 8 Article II Definitions ............................................................................................................................................................... 9 Meanings of Terms ...................................... 9 2. Elements of Interpretation .................................................................................................................. l0 Article III ............................................................................................................................................................. I ! General Terms and Conditions ............................................. 1. Contractor Responsibilities .................................................................................................................. 11 a. Duties and Obligations .............................................................................................................. 11 b. Qualifications, Licenses, and Professional Standards ............................................................... I 1 c. Notifications .............................................................................................................................. 11 d. Documentation of Professional Standards ...................... . 11 e. Credentialing ............................................................................................................................. 11 f. Engineering Certificate .............................................................................................................. 11 2. Termination ......................................................................................................................................... 12 a. Thirty Days Termination ............................... . ....... 12 b. Event of Default; Termination on Notice .................................................................................. 12 c. Termination Notice .................................................................................................................... t 2 d. Duties upon Termination ........................................................................................................... 12 3. Indemnification and Defense ............................................................................................................... 12 4. Insurance .............................................................................................................................................. 12 5. Independent Contractor ....................................................................................................................... 13 6. Severability .......................................................................................................................................... 13 7. Merger; No Oral Changes .................................................................................................................... 13 8. Set-Off Rights ...................................................................................................................................... 13 9. Non-Discrimination in Services .......................................................................................................... 14 10. Nonsectarian Declaration ..................................................................................................................... 14 11. Governing Law .................................................................................................................................... 14 12. No Waiver ............................................................................................................................................ 14 13. Conflicts of Interest ............ : ................................................................................................................ 14 14. Cooperation on Claims ........................................................................................................................ 14 15. Confidentiality ..................................................................................................................................... 14 3 of 27 pages ¥02 11425-2009 template Rev. 4-15-10; Law No. 10-YO- ¥o~.th BUreau Implementing Agency 16. Assignment and Subcontracting .......................................................................................................... 14 17. No Intended Third Party Beneficiaries ................................................................................................ 15 18. Certification as to Relationships ............................................ i ............................................................. 15 19. Publications and Publicity ................................................................................................................... 15 20. Copyrights and Patents ........................................................................................................................ 15 a. Copyrights .................................................................................................................................. 15 b. Patents ........................................................................................................................................ 15 21. Arrears to County ................................................................................................................................ 15 22. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction ......................................................................................................................................... 15 Article IV ............................................................................................................................................................. ! 6 Suffolk County Legislative Requirements ......................................................................................................... 16 1. Contractor's/Vendor's Public Disclosure Statement ........................................................................... 16 2. Living Wage Law ................................................................................................................................ 16 3. Use of County Resources to Interfere with Collective Bargaining Activities ..................................... 16 4. Lawful Hiring of Employees Law ....................................................................................................... 5. Gratuities ............................................................................................................................................. I~ 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas .............................. 17 7. Child Sexual Abuse Reporting Policy ................................................................................................. 17 8. Non Responsible Bidder ...................................................................................................................... 17 9. Use of Funds in Prosecution of Civil Actions Prohibited ................................................................... 18 10. Work Experience Participation ............................................................................................................ 18 11. Suffolk County Local Laws Website Address ..................................................................................... 18 Article V Notices and Contact Persons ............................................................................................................................... 19 1. Notices Relating to Payments, Reports, Insurance, Indemnification, or Other Submissions .............. 19 2. Notices Relating to Termination and/or Litigation ............... t .............................................................. 19 Article VI ............................................................................................................................................................. 20 General Fiscal Terms and Conditions 1. General Payment Terms ....................................................................................................................... 20 a. Presentation of Suffolk County Payment Voucher .................................................................... 20 b. Voucher Documentation ............................................................................................................ 20 c. Payment by County .................................................................................................................... 20 d. Budget Modification .................................................................................................................. 20 e. Budget and/or Services Revisions ............................................................................................. 20 f. Taxes ............................................................ ~ ............................................................................. 21 g. Final Voucher ............................................................................................................................ 21 2. Subject to Appropriation of Funds ...................................................................................................... 21 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures .............................. 21 4. Accounting Procedures ........................................................................................................................ 21 5. Audit of Financial Statements ............................................................................................................. 22 6. Financial Statements and Audit Requirements .................................................................................... 22 7. Furniture, Fixtures, Equipment, Materials, Supplies ........................................................................... 23 a. Purchases, Rentals or Leases Requiring Prior Approval ........................................................... 23 b. Purchase Practices/Proprietary Interest of County ..................................................................... 23 4 of 27 pages ¥02 11~5-2009 template Rev. 4-15-10; Law No. 10-¥O- ¥0uth Bureau Implementing Agency c. County's Right to Take Title and Possession ............................................................................ 23 d. Inventory Records, Controls and Reports .................................................................................. 23 e. Protection of Property in Contractor's Custody ........................................................................ 24 f. Disposition of Property in Contractor's Custody ...................................................................... 24 8. Lease or Rental Agreements ................................................................................................................ 24 9. Statement of Other Contracts .............................................................................................................. 24 10. Miscellaneous Fiscal Terms and Conditions .............................. .24 a. Limit of County's Obligations ................................................................................................... 24 b. Duplicate Payment from Other Sources .................................................................................... 24 c. Funding Identification ............................................................................................................... 24 d. Outside Funding for Non-County Funded Activities ......................................................... 24 e. Potential Revenue ...................................................................................................................... 25 f. Payments Contingent upon State/Federal Funding .................................................................... 25 g. Denial of Aid .............. 25 h. Budget ........................................................................................................................................ 25 i. Payment of Claims ..................................................................................................................... 25 j. Payments Limited to Actual Net Expenditures .......................... : ............................................... 25 k. Travel Costs ............................................................................................................................... 25 I. Attendance at Conferences ..................................... . 25 m. Salaries .......................... 25 n. Salary Increases ......................................................................................................................... 25 o. Contractor Vacancies ................................................................................................................. 26 p. No Limitation On Rights ........................................................................................................... 26 q. Comptroller's Rules and Regulations ........................................................................................ 26 Exhibits Exhibit 1 Public Disclosure ............................................................................................................................... 27 Exhibit 2 Living Wage ....................................................................................................................................... 27 Exhibit 3 Union Certification ............................................................................................................................ 27 Exhibit 4 Lawful Hiring .................................................................................................................................... 27 Exhibit 5 Certification Regarding Lobbying ................................................................................................... 27 Exhibit 6 Budget Modification Request ........................................................................................................... 27 Exhibit 7 Budget/Services Revisions Approval ............................................................................................... 27 Exhibit 8 Standard Operating Procedure A-07 Amendment I and Executive Order 4-04 ........................ 27 Exhibit 9 Comptroller's Rules .......................................................................................................................... 27 5 of 27 pages Y02 11~25'2009 template Rev. 4-15-10; Law No. 10-YO- Youth B'ureau Implementing Agency Article I Description of Services and Budget NOTE: All references in this Contract to Contractor shall be deemed to refer to the Contractor and to the Implementing Agency, except as otherwise indicated; provided that all provisions relating to Contractor's staffshall be deemed to apply only to the Implementing Agency. (For Services and Budget See Two Pages Attached) 6 of 27 pages NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICE8 INDIVIDUAL PROGRAM APPMCATION Agency Summary County of Suffolk County:. Suffolk Implemenfl.gAgency: Town of Southold ProgramT~le: Southold Youth Services 53095 Main Road PO Box 1179) Southold F~ieml IDt: 11-6001939 Char#i~ Reg.#: NA Youth and Family counseling for youth at risk. OCF8 Fund~ 'Youth B~u ~ s (100%) of T $m~ NY Period of Actual Program Operation FROM 1/1/2010 Houm of Operation FROM 8:00 AM [~Daily. I"1 Weekly Z~ Cede: TO 12/31/2010 TO 4: 00PM [] Monthly 11971 Scott. Russell@Town. Southold. NY.US Director EMNLADDRE88 James McMahon CONTACT pERSON' James.M~Mahon@Town. Southold. NY.US EMNt. ADORE88 Scott A. Russell Supervisor FLOWN. OFFICER TITLE E~ADD~S8 Th~ Agen~-~ I~: /-1Prlwte. Not for Profit []Public Town of Southold ,(611) 765-1283 TELEPHONE NUMBER ( 31) 7 5-,015 FAX NUt. ER (631) 765-1889 ~ NU~ ,( ) ~ Moot 81gnlflcmnt (3 Ibxlmum) M~anbly NY8 ~ ~ ~ ~ T~ ~ (8~ C~, 8~, ~p) ~ ~ ~ ~. P~'g ~ ~ )ffice Town Hall, PO Box 1i~ 1 1 Sou~hOld, NY 11971 I. SDedfy Program Code and Name of Other Participating Municipalities: OCF$4107(Rev. 03/2OO2)FRONT NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES PROGRAM BUDGET APPENDIX B PROS.~ COOE: I D I~ 14/ I ? I 0 CO.~C~ NUUB~ I AGENCYAIUNICIPAMTY: Town of SoLttho]d In I/ lC)I~1o IO I~--~1 I I I I I I PROGRAMTITLE: Southold Youth Services PERSONAL SERVICES: FUND TYPEk TOTAL SALARIES AND WAGES TOTAL FRINGE BENEFITS TOTAL pERSONAL SERVICES (1) CONTRACTED SERVICES AND STIPENDS TOTAL CONTRACTED SERVICES (2) TOTAL MAINTENANCE & OPERATION (3) UST EQUIPMENT TO BE PURCHASED OR RENTED: (UNIT COST OVER ~ AND UFE EXPECTANCY OF OVER 'WVO YEARS) pROGRAM SITE ADDRESS TOTAL FACIUTY REPAIRS (4) TOTAL OCFS PROGRAM AMOUNT I '~ / ~1, $-~o~,- . $ + TOTAL OCFS FUNDS REQUESTED IIIST OF oTHER FUNDING SOURCES I $ $ $ REIMBURSABLE TOTAL ' MUNICIPAL FUNDING OTHER SOURCES Y02 11-.2.5-2009 template Rev 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency Article I A Department Specific Provisions 1. Certificate of Incorporation; Board Meetings Thc Contractor shall furnish thc Department with certificd copies of its Ccrtificato of Incorporation and by-laws, including any amendments thereto, at the time it signs this Contract, to the extent not already on file with the Department. and any amendments thereto during the term of this Contract promptly upon their adoption, and a llst of the board members governing the Contractor from time to time. The contractor shall not dissolve any existing corporation or cstablish any new corporation with the responsibility for the operation of the program without the prior written approval o£the Department. Minutes of the Contractor's annual board meeting and one other board meeting, no longer than six (6) months thereafter, should be forwarded to the Department within two (2) weeks after the conclusion of the meetings. 2. Contractor's Staff a. Prior Approval The Department shall have thc right to prior approval of the filling of any position now vacant or hereafter becoming vacant and may, in the exercise of that right, promulgate reasonable regulations involving position control which shall, when promulgated, be deemed to be incorporated by reference in and be made part of this Contract. b. Current Procedures The Contractor, at its own expense, agrees to furnish to the Department resumes of all personnelto be hired for thc Services referred to in this Contract, prior to their being hired. Resumes shall include, but not limited to: i.) Previous job title(s) of the individual employee and the length of employment under each title; and/or ii.) Previous experience and length of previous experience with a task or tasks similar or equal to the Serviccs. Contractor Letters Thc Contractor agrcas to furnish to thc County letter(s) regarding all personnel to be hired for the Services. The letter(s) shall include, but not 7 of 27 pages be limited to: i.) Thc specific tasks to be performed by the individual cmployecs during the course of thc Services. ii.) Salarias and hours to be worked by thc individual employees during the course of thc Services. County Approval The County reserves thc right to approve principal services personnel proposed by thc Contractor at the time of entering into this Contract. Reasons for the County not approving said personnel shall be for lack of qualification or lack of'demonstration by the Contractor that said proposed personnel will not have a deleterious effect on thc proper and efficient operation of the Services. Job Descriptions, Qualifications The Contractor will nominate to the Department a Service director chosen on thc basis of the job description below. The Department shall review such nominations and may confirm them. Other staffpositions provided for in this Contract will be filled in accordance with written job descriptions as provided below. Employment of any staffmcmbcr under thc terms of this Contract shall bc subject to ongoing review for compatcncy and aptitude of thc staffmcmber by thc Depattmcnt or its designees. The Department may recommend dismissal or ~uspansion ofany staff mcmbcr under this Contract. Service Director i.) Qualifications: Graduation from an accredited college and/or university with a Master's Degree in Social Work; or a Bachelor's Degree (4-year college dagrec) plus 2 years Experience in Human Services. ii.) Duties: Responsible for overall Service; hires and fires staff; chairs youth advisory committee; administers and directs all Contractor Services; is responsible to Board of Directors of the Contractor and has immediate charge of and responsibility for the Services; renders direct services to clients as requii'ed; selects, trains and supervises program aides, nonprofassional staffand volunteers; has charge of petty cash account; make purchases and cxpcnds funds under thc direction of the treasurer of thc corporation or such other officers as the Board of the corporation may direct. Y02 11-25-2009 template Rev. 4-15-10; Law No. 10-YO- YOuth Bureau Implementing Agency Youth Worker i.) Qualifications: Bachelor's Degree (4- year college degree from an accredited college). ii.) Duties: Provides counseling, group work services, and professional supervision in {ounge activities, is responsible to the Service director. Also shall keep written records and reports of work accomplished; shall demonstrate ability to learn, abiJity to relate successfully to clients and the community, and capacity for development in professional use of self in relationships. Service Aides i.) Qualifications: High School Diploma and preferably some paid experience in youth work. ii) Duties: Report to Service director; shall carry out assignments as paraprofessionals; shall keep written records and reports of work accomplished; shall demonstrate ability to learn, ability to relate successfully to clients and community, and capacity for development in professional use of self in relationships Human Services Division Technical Assistance and Training The Contractor agrees to participate in the Human Services Division Technical Assistance and Training Program. Such agreed participation will include stafftraining on the topic of HIV/AIDS and not more than three (3) days-per- year attendance at training on topics that may include, but not be limited to, contract financial reporting, the setting of service goals and objectives, and service development. The Contractor may participate, at its election, in any additional training made available by the Human Services Division. Youth Sports In accordance with Local Law No. 44 - 2009, all contract agencies that conduct youth sports programs are required to develop and maintain a written plan or policy addressing incidents of possible or actual concussion or other head injuries among spor~s program participants. Such plan or policy must bc submitied prior to the award of the County contract, grant or funding. Receipt of such plan or poticy by the County does not represent approval or endorsement of any such plan or policy, nor shalt thc County be subject to 8 of 27 pages any liability in connection with any such plan or policy. End of Tex! for Article IA yYo0~2t.11'25-2009 template Rev, 4-t5-t0; Law No. 10-YO- ;h I~i~reau Implementing Agency Article I1 Definitions i. ~lennings of Terms As Used herein: "Audit of ,~ .... thc Co,~ financial Statements" means the exammanon, ny thc fin~'~P!r°ller and any Federal or State auditing authority of publican_e~al Statcments of the Contractor resulting in the financialun of an independent opinion on whetber or not th~se prcscntedstatements arc relevant, accurate, complete, and fmrly "Budlger' n~ , · - ~ intended ~ eons the Contract.o.r s summary or plan o~tne. Services. 'evenues and expenditures necessary to render the ~eBrUv~c~ee, t I)efleienev Plan,, means an analysis of the cost of the the Co~. changes il fiscal conditions, and required modifications to act to Continue to render the Services. "C°ml~tr°ller" means the Comptroller of the County of Suffolk. "Contract,, -'-' -*-o~-an formina all ri hts and oblioa . r~¢ans all terms and conumon~ -,- .... g '~ t~°ns of the Contractor and the County. '-tot means the signatory corporation, its officers, officials, ar~y one or more of the foregoing performing the Serwccs. agnnciea, means the County of Suffolk, its depaflments and suC~f~kt.3' Attorney,, means the County Attorney of thc County of "Depart~ne~ t" means the signatory department approving the Contract. case ma2~, '~ ara cl the definition of practice of land surveying, as thc Educatic~r~u~_~ · Under Section 7201 and Section 7203 of thc State ax,y, respectively. Thc Contractor's failure to perform any duty requised of it undcr paragraphs I (b)-(c) of Article Ill of the Contract; or Thc Contractor's failure to maintain thc amount and types of insurance required by thc Contract; or The Contractor's failure to comply with any Federal, State or local law, rule, or regulation, and County policies or directives; or The Contractor's bankruptcy or insolvency; or e. Thc Contractor's failure to cooperate in an Audit of Financial Statements; or f. The Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfcasance in financial record keeping arising out of, or in connection with, any contract with the County; or The Contractor's failure to submit, or failure to g' timely submit, documentation to obtain Federal or State funds; or h. Thc inability oftbe County or thc Contractor to obtain Federal or State funds duc to any act or omission of thc Contractor; or i. Any condition the County determines, in its sole discretion that is dangerous. "Federal" means thc United States govemmcot, its departments and agencies. "Fringe Benefits" means non-wage benefits which accompany, or arc in addition to, a person's salary, such as paid insurance, sick leave, profit-sharing plans, paid holidays, and vacations. "Fund Source" means any direct or indirect sum payable to thc Contractor by the County pursuant m any lawful obligation. "Legislature" means the Legislatorc of the County of Suffolk. "Management Letter" mcans a letter, certified as truc by thc Contractor's certified public account or chief financial officcr of findings and recommendations for improvements in internal fiscal control that w~re 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, tl~e contract necessary t~ render the assistance and benefit intended by the Contract. "State" means the State of New York. Statement of Other Contr means a complete list of all othcr contracts under which money has been or will b~ paid to thc Contractor from the County, Federal, or State gov~mmcots, or a Municipal Corporation, and (i) which arc currently in effect or (ii) which have expired within the past twelve (I 2) months and have no been renewed. "Suffolk County Payment Voucher" means the document authorized and required by the Comptroller for r~lease of paymcot. "Term" means the time period set forth on page one of the Contrac and, if exercised by the County, the option period. 9 of 27 pages ¥02 11-.2.5-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency Co Article I11 General Terms and Conditions Contractor Responsibilities a. Duties and Obligations i.) It shall be the duty of the Contractor to discharge, or cause to be discharged, all of its responsibilities, and to administer funds received in the interest of the County in accordance with the provisions of the Contract. ii.) The Contractor shall promptly take ail action as may be necessary to render the Services. iii.) The Contractor shall not take any action that is inconsistent with the provisions of the Contract. Qualifications, Licenses, and Professional Standards i.) The Contractor represents and warrants that it has, and shall continuously possess, during the Term, the required licensing, education, knowledge, experience, and character necessary to qualify it to render thc Services. ii.) The Contractor shall continuously have during the Term all required authorizations, certificates, certifications, registrations, licenses, permits, and other approvals required by Federal, State, County, or local authorities necessary to qualify it to render the Services. Notifications i.) Thc Contractor shall immediately notify thc County, in writing, of any disciplinary proceedings, commenced or pending, with any authority relating to a license held by any person necessary to qualify him or thc Contractor to perform the Services. ii.) In the event that a person is no longer licensed to perform the Services, the Contractor mus~ immediately notify the County, but in no event shall such notification bc later than five (5) days after a license holder has lost thc license required to qualify the license holder or thc Contractor to perform the Services. 11 of 27 pages iii.) In the event that the Contractor is not able to perform the Services due to a loss of license, thc Contractor shall not be reimbursed for the Services rendered after thc effective date of termination of such license. Without limiting the generality of the foregoing, if any pan oftbe Contract remains to be performed, and the termination oftbe license does not affect the Contractor's ability to render the Services, every other term and provision of the Contract shall be valid and enforceable to thc fullest extent permitted by law. Documentation of Professional Standards The Contractor shall maintain on file, in one location in Suffolk Cougty, all records that demonstrate that it has complied with sub- paragraphs (b) and (c) above. The address oftbe location of the aforesaid records and documents shall be provided to the County no later than the date of execution oftbe Contract. Such documentation shall be kept, maintained, and available for inspection by the County upon twenty-roar (24) hours notice. Credentialing i.) In the event that thc Depanment, or any division thereof, maintains a credentialing process to qualify the Contractor to render the Scrvices, the Contractor shall complete the required credentialing process. In the event that any State credential, registration, certification, or license, Drug Enforcement Agency registration, or Medicare or Medicaid certification is restricted, suspended, or temporarily or permanently revoked, it is thc duty of the Contractor to contact thc Dcpanment, or division thereof, as the case may be, in writing, no later than three (3) days after such restriction, suspension, or revocation. ii.) The Contractor shall forward to the Department, or division thereof, as the case may be, on or before July I of each year during the Term, a complete list of the names and addresses of all persons providing the Services, as well as their respective areas of certification, credentialing, registration, and licensing. Engineering Certificate In thc event that the Contract requires an~' Engineering Services, thc Contractor shall submit to the County, no later than the due date for ¥02 11-25-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency submission for approval of any engineering work product, the Certificate of Authorization ("Certificate"), issued pursuant to § 7210 of the New York Education Law, of every person performing any Engineering Services. The failure to file, submit or maintain the Certificate shall be grounds for rejection of any engineering work product submitted for approval. Termination a. Thirty Days Termination Thc County shall have the right to tcrminate the Contract without cause, for any reason, at any time, upon such terms and conditions it deems appropriate, provided, however, that no such termination shah be effective unless thc Contractor is given at least thirty (30) days notice. b. Event of Default; Termination on Notice i.) ii.) The County may immediately terminate the Contract, for cause, upon such terms and conditions il deems appropriate, in the Event of Default. If the Contractor defaults under any other provision of the Contract, the County may terminate the Contract, on not less than five (5) days notice, upon such terms and conditions it deems appropriate. c. Termination Notice Any notice providing for termination shall be delivered as provided for in Article V of the Contract. d. Duties upon Termination i.) Thc Contractor shall discontinue thc Services as directed in thc termination notice. ii.) Thc County shall pay thc Contractor for thc Scrviccs rendered through thc date of termination. iii.) Thc County shall be released from any and all liability under thc Contract, cffeetivc as of thc datc oftbe tcrmination notice. iv.) Upon termination, thc Contractor shall reimburse the County the balance of any funds advanced to the Contractor by the County no later than thirty (30) days after termination of the Contract. The provisions of this subparagraph 12 of 27 pages shall survive thc cxpiration or termination of the Contract. v.) Nothing contained in this paragraph shall be construed as a limitation on the County's rights set forth in paragraph 8 of this Article III. Indemnification and Defense The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabifitics, fines, penalties, actions, damages, claims, dcmands, judgments, losses, suits or actions, costs, and expenses caused by the ncgligance or any acts or omissions of thc Contractor, including reimbursement of the cost of reasonable attorneys' fccs incurred by the County, its agents, scrvants, officials, and employees in any action or proceeding arising out of or in connection with thc Contract. ho co The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing thc Services. Thc Contractor agrees that it shall protect, indemnify, and hold harmlcss thc County, its agents, scrvants, officials, and employees from and against all liabilities, fines, pana]tias, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses arising out of any claim asserted for infringcmcnt of copyright, including reimbursement of thc cost of reasonable attorneys' fees incun'cd by thc County, its agents, servants, offiqials, and employeas in any action or proceeding arising out of or in connection with any claim asserted for infringement of copyright. Thc Contractor shall dcfand thc County, its agents, servants, officials, and employees in any procceding or action, including appeals, arising out of, or in connection with, thc Contract, and any copyright infringement proc, ceding or action. At thc County's option, thc County may require thc Contractor to pay rcasonablc attorneys' fccs for thc dcfansc of any such suit. Thc Contractor shall continuously maintain, during thc Term of thc Contract, insurancc in amounts and types as follows: i.) Commercial General Liability insurance, including contractual liability covcragc, in an amount not lcss than Two Million DoUars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for Y'02 11,-*75-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency property damage. The County shall bc named an additional insured. ii.) Automobile Liability insurance (if any vehicles arc used by thc Contractor in the performance oftbe Contract) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand Dollars ($I00,000.00) for property damage per occurrence. iii.) Workers' Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. Thc Contractor shall furnish to thc County, prior to its execution of thc Contract, thc documentation required by thc State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law §108, the Contract shall bc void and of no effect unless thc Contractor shall provide and maintain coverage during thc Term for the benefit of such employees as are required to be covered by thc provisions of thc Workers' Compensation Law. iv.) Professional Liability insurance in an 6. amount not less than Two Million Dollars ($2,000.000.00} on either a per-occurrence or claims-made coverage basis. Thc County may mandate an increase in thc liability limits set forth in thc immediately preceding paragraphs (4Xa)(i), (ii), and (iv). All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating orA- or better. do The Contractor shall furnish to the County, prior to the execution of the Conlract, declaration pages for each policy of insurance, other than a policy for commercial general liability insurance, and upon demand, a true and certified original copy of each such policy evidencing compliance with the aforesaid insurance requirements. In the 8. case of commercial general liability insurance, the Contractor shall furnish to the County, prior to the execution of the Contract, a declaration page or insuring agreement and endorsement page evidencing the County's status as an additional insured on said policy, and upon demand, a true and certified original copy of such 13 of 27 pages policy evidencing compliance with the aforesaid insurance requirements. All evidence of insurance shall provide for the County to be notified in writing thirty (30) days prior to any cancellation, nonranewal, or material change in the policy to which such evidence relates. It shall be the duty ofthe Contractor to notify the County immediately of any canc. ellation, nonrenewal, or material change in any insurance policy. In the event thc Contractor shall fail to provide evidence of insurance, the County may provide the insurance required in such manner as thc County deems appropriate and deduct the cost thereof from a Fund Source. If thc Contractor is a Municipal Corporation and has a self-insurance program under which it acts as a self-insurer for any of such required coverage,, the Contractor shall provide proof, acceptable to the County, of self-funded coverage. Independent Contractor The Contractor is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding anything herein, the Contract shall not be construed as creating a principal-agent relationship between thc County and the Contractor or thc Contractor and the County, as the case may be. Severability It is expressly agreed that if any term or provision of thc Contract, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, thc remainder oftbe Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of the Contract shall be valid and shall be enforced to the fullest extent permitted by law. Merger; No Oral Changes It is expressly agreed that the Contract represents the entire agreement of the parties and that all previous understandings arc herein merged in the Contract. No modification of the Contract shall be valid unless in written form and executed by both parties. Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-orE These rights shall include, but not be limited to, the County's option to withhold from a Fund Source an amount no greater than any moneys due and owing to the County for any reason. The County shall Y02 ;11-2572009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency 10, exercise its set-offrights subject to approval by the County Attorney. In cases ofset-offpursuant to a Comptroller's audit, thc County shall only exercise such right after the finalization thereof, and only al~er consultation with the County Attorney. Non-Discrimination in Services The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status: i.) deny any individual the Services provided pursuant to the Contract; or ii.) provide the Services to an individual that is different, or provided in a different manner, from those provided to others pursuant to the Contract; or iii.) subject an individual to segregation or separate treatment in any matter related to the individual's receipt of the Services provided pursuant to the Contract; or 13. iv.) restrict an individual in any way from any advantage or privilege e~ioyad by others receiving the Services provided pursuant to the Contract; or v.) treat an individual differently from others in determining whether or not the individual satisfies any eligibility or other requirements or conditions which individuals must meet in order to receive the Services provided pursuant to the Contract. The Contractor shall not utilize criteria or 14. methods of administration which have the effect of subjecting individuals to discrimination because of tbeir race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, or have the effect of substantially impairing the Contract with respect to individuals ora particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, in determining: 15. i.) the Services to be provided, or ii.) the class of individuals to whom, or the situations in which, the Services will be provided; or iii.) the class of individuals to be afforded an opportunity to receive the Services. Nonsectarian Declaration 16. The Services performed under the Contract are secular in nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to further the advancement 14 of 27 pages I1. 12. of any religion. The Services will be available to all eligible individuals regardless of religious belief or affiliation. Governing Law Thc 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 designated in the Supreme Court, Suffolk County, thc United States District Court for the Eastern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. No Waiver It shall not bc construed that any failure or forbearance of the County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. Such provision shall otherwisc remain in full force and effect, notwithstanding any such failure or forbearance. Conflicts of Interest The Contractor shall not, 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 between its obligations under the Contract and its private interests. The Contractor is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue as long as the Term. The determination as to whether or when a conflict may potentially exist shall ultimately be made by the County Attorney after full disclosure is obtained. Cooperation on Claims The Contractor and the County shall render diligently to each other, without compensation, any and ail cooperation thru may be required to defend the other party, its employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives arising out of or in connection with the Contract. Confidentiality Any document of the County, or any document created by thc Contractor and used in rendering the Services, shall remain the property of the County and shall be kept confidential in accordance with applicable laws, rules, and regulations, Assignment and Subcontracting Thc Contractor shall not delegate its dutias under the Contxact, or assign, transfer, convey, sublet, or otherwise dispose of the Contract, or any of its right, title or interest therein, or its power to 17. 18. 19; Y02 11-2.5-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency execute the Contract, or assign all or any portion oftbe monies that may bc duc or become duc hcrcueder, (collectively referred to in this paragraph 16 as "Assignment"), to any other person, entity or thing without the prior written consent of the County, and any attempt to do any oftbe foregoing without such consent shall be void ab initio. 20. Such Assignment shall be subject to all of thc provisions of thc Contract and to any other condition the County requires. No approval of any Assignment shall be construed as enlarging any obligation oftbe County undcr the terms and provisions of thc Contract. No Assignment &the Contract or assumption by any person of any duty of thc Contractor under thc Contract shall provide for, or othcrwisc be construed as, rclcasing thc Contractor from any term or provision of the Contract. No Intended Third Party Beneficiaries The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a beneficiary oftpe Contract and no third party shall have the right to make any claim or assert any right under the Contract. Certification as to Relationships Thc Contractor certifies under penalties of perjury that, other than through the funds provided in thc Contract and other valid agreements with the County, there is no known spouse, life panner, business, commercial, economic, or financial relationship with the County or its elected officials. The Contractor also certifies that there is no relationship within the third degree of consanguinity, between the Contractor, any of its partners, members, directors, or shareholders owning five (5%) percent or more oftbe Contractor, and thc County. 21. 22. Publications and Publicity The Contractor shall not issue or publish any book, aniclc, report, or other publication related to the Services without first obtaining written prior approval from the County. After approval in writing is obtained, all such printed matter or other publication shall contain the following statement in clear and legible print: "This publication is fully or panially funded by the Suffolk County Executive's Office." The Contractor shall not issue press releases or any other information to the media, in any form, concerning the Services, without obtaining prior written approval from thc County. Copyrights and Patents a. Copyrights If thc work of the Contractor should result in thc production of original books, manuals, films, or other materials for which a copyright may be granted, thc Contractor may secure copyright protection. However, the County reserves to itself, and thc Contractor hereby gives to the County, and to any other person designated by thc County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate, or otherwise usc any such materials. b. Patents lftbe Contractor makes any discovery or invention during the Term, or as a result of work performed under the Contract, the Contractor may apply for and secure for itsalf patent protection. However, the County reserves to itself, and the Contractor hereby gives to the County, and to any other person designated by the County, a royalty-free, nonexclusive license to produce or otherwise use any item so discovered or patented. Arrears to County Consultant warrants that, cxccpt as may otherwisc be authorized by agreement, it is not in arrears to the County upon any debt, contract, or any other lawful obligation, and is not in default to the County as surety. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction In thc event that the Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk County Code Chapter 234, as more fully set for~ in the Article entitled "Suffolk County L~gislative Requirements," the Contractor shall maintain the documentation mandated to be kept by this law on the construction site at all times. Employee sign-in sheets and register/log books shall be kept on the construction site at all times and all covered employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the construction site during such working hours. End of Text for Article Ill 15 of 27 ;a;es ¥02 11-.2.5-2009 template Rev. 4-15-10; Law No. 10-Ye- Youth Bureau Implementing Agency Article IV Suffolk County Legislative Requirements Contractor's/Vendor's Public Disclosure Statement It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of section A5-7 of Article V of the Suffolk County Code. Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-7 of Article V of the Suffolk County Code, the Contractor represents and warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-7 and shall file an update of such statement with the Comptroller on or before the 31 st day of January in each year of the Contract's duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of the Contract, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (I 5%) of the amount of the Contract. Required Form: Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure Statement" Living Wage Law It shall be thc duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 347, of the Suffolk County Code. This Contract is su~iect to thc Living Wage Law of the County of Suffolk. Thc law requires that, unless specific exemptions apply, all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. Required Forms: Suffolk County Living Wage Form LW-I; eatitled "Suffolk County Department of Labor - Living Wage Unit Notice of Application for County Compensation (Contract)" Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department of Labor - Living Wage Unit Living Wage Certification/Declaration - Subject To Audit" 16 of 27 pages Use of County Resources to Interfere with Collective Bargaining Activities It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 466 of the Suffolk County Code. County Contractors (as defined by section 466-2) shall comply with all requirements of Chapter 466 of thc Suffolk County Code, including the following prohibitions: a. The Contractor shall not use County funds to assist, promote, or deter union organizing. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. The Contractor shall not use County funds to assist, promote, or deter union organizing. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If thc Services are performed on County property, the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non- intimidation agreement, and a majority authorization card agreement. If the Services are for the provision of human services and are not to be performed on County property, the Contractor must adopL at the leasL a neutrality agreement. Under the provisions of Chapter 466, the County shall have the authority, under appropriate circumstances, to terminate the Contract and to seek other remedies as set forth therein. for violations of this Law. Required Form: Suffolk County Labor Law Form DOL-LOI; 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 duty oftbe Contractor to read, become familiar with, and comply with the requirements of Chapter 234 of the Suffolk County Code. This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensation from the County through any granL loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred Y02 11-,~5-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency percent (100%) funded by thc County, shall submit a completed sworn affidavit (under penalty of perjury), thc form of which is attached, certifying that they have complied, in good faith, with thc requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to thc allan and nationality status of`thc owners tbercot~ The affidavit shall be executed by an authorized representative of the covered employer or owner, as thc case may be; shall be pail of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers, and the owners thereof`, as the case may be, that are assigned to perf,orm work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of pe~:iury), the form of which is attached, certifying that they have compbed, in good f,aith, with the requirements of Title 8 of Ibc United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof`, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be par1 of any exeeutad contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January i of each year for the duration of any contract and upon the renewal or amendment of'the contract, and wbencver a new contractor or subcontractor is hired under the terms of the contract. 6o The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the f,ailure to file any such statement shall constitute a material breach of the Contract. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate the Contract for violations of`this Law and to seek other remedies available under the law. The documentation mandated to be kept by this law shall at all times be kept on site. Employee sign-in sheets and register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the law, shall be required to sign such sign-in sheets/register/Jog books to indicate their presence on the site during such working hours. Required Forms: Suffolk County Lawful Hiring of Employees Law Form LHE- I; entitled "Suffolk County Department of`Labor - 17 of 27 pages Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. SECTION 1324a) With Respect To Lawf,ul Hiring of Employees." "Affidavit Of Compliaoce With The Requirements Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring Of Employees" Form LHE-2. Gratuities It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 386 of the Suffolk County Code. Thc Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of the County or the State or of any political par~y, with the purpose or intent of securing an agreement or securing f'avorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement. Prohibition Against Contracting with Corporations that Reincorporate Overseas It shall be the duty of`the Contractor to read, become familiar with, and comply with thc requirements of sections A4-13 and A4-14 of Article IV of the Suffolk County Code. The Contractor represents that it is in compliance with sections A4-13 and A4-14 of Article IV of the Suffolk County Code. Such law provides that no contract for consulting services or goods and services shall bc awarded by the County to a business previously incorporated within the U.S.A. that has rcincorporated outside the U.S.A. Child Sexual Abuse Reporting Policy It shall be the duty of thc Contractor to read, become familiar with, and comply with the requirements of Article IV of Chaptar 577 of the Suffolk County Code. The Contractor shall comply with Article IV of, Chapter 577, oftbe Suffolk County Cede. entitled "Child Sexual Abuse Reporting Policy," as now in effect or amended bereafier 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 duty of the Contractor to read, becomi: familiar with, and comply with thc requirements of Article II of Chapter 143 of`the Suffolk County Code. Upon signing thc Contract, thc Contractor certifies that it has not been convicted ora criminal offense within the last tan (10) years. Thc term "conviction" shall mcan a finding of guilty ai~er a trial or a plea of guilty to an offense covered under thc provision of`section 143-5 of thc Suffolk Y0,2 11),.25-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency County Code under"Nonresponsible Bidder." Use of Funds in Prosecution of Civil Actions Prohibited It shall bc thc duty of thc Contractor to raad, become familiar with, and comply with thc requirements of section 590-3 of Article Ill of Chapter 590 of thc Suffolk County Code. The Contractor shall not usc any of the moneys, in parl or in whole, and either directly or indirectly, received under the Contract in connection with the prosecution of any civil action against the County in any .jurisdiction or any.judicial or administrative forum. 11. I O. Work Experience Participation If the Contractor is a nonprofit or governmental agency or institution, each of the Contractor's locations in the County at which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to Chapter 211 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum of Understanding CMOU") with the Suffolk County Department of Labor for work experience is in effect at the beginning of the Term of the ContracL the Contractor, iht is a nonprofit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in thc circumstances. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County website at htr p://www.co.suffolk, n¥, ns End of Text for Article IV 18 of 27 pages 102,11-25.-2009 temp ate Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency Article V Notices and Contact Persons Notices Relating to Payments, Reports, Insurance, Indemnification, or Other Submissions Any communication, notice, claim for payment, report, insurance, or other submission necessary or required to be made regarding the Contract shall be in writing, delivered as follows, and shall be given to the County or the Contractor, as the case may be, or their designated representative at the following addresses or at such other address that may be specified in writing by the parties: By Personal Delivery and First Class Mail; or First Class and Certified Mail, Return Receipt Requested; or by Nationally Recognized Overnight Courier. Suffolk County Youth Bureau H. Lee Dennison Building. 3rd-Floor 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, NY 11788 Contact Name: Patrick Policastro At the address set forth on page one of the Contract, to the attention of the person who executed the Contract or such other designee as the parties may agree in writing. Notices Relating to Termination and/or Litigation In the event thc Contractor receives a notice of claim or becomes a party (plaintiff, petitioner, defendant, respondent, third party complainant, third party defendant, etc.) to any legal action or proceeding related to the Contract, the Contractor shall immediately deliver to the County Attorney, at the address set forth below, copies of all papers filed by or against the Contractor. Any communication or notice regarding termination shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: By Personal Delivery and First Class Mail; First Class and Certified Mail, Return Receipt Requested; or by Nationally Recognized Overnight Courier: Suffolk County Youth Bureau H. Lee Dennison Building, 3rd-Floor 100 Veterans Memorial Highway P.O. Box 6100 Hanppaugc, NY 11788 Contact Name: Patrick Policastro and to Christine Malafi, County Auorney, 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 afiter thc mailing thereof; or (ii) if by nationally recognized overnight courier service, upon the first business day subsequent to the transmit+al thercol~ or (iii) if personafiy, pursuant to New York Civil Practiee Law and Rules Section 31 I; or (iv) if by fax or email, upon the trnnsrnittal thereof. "Business Day" means any day except a Saturday, a Sunday, or any day in which commercial banks are required or authorized to close in Suffolk County, New York. Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated suceessor(s). End of Text for Article V 19 of 27 pages Y0211-25-2009 temp ate Rev 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency Article VI General Fiscal Terms and Conditions Payment Terms Presentation of Suffolk County Paymenl Voucher co [n order for payment to be made by thc County to the Contractor for the Services, the Contractor shall prepare and present a Suffolk County Payment Voucher, which shall be documented by sufficient, competent and evidential matter. do b. Voucher Documentation Thc Suffolk County Payment Voucher shall list all information regarding the Services and other items for which expenditures have been or will be made in accordance with the Contract. Either upon execution of the Contract (for the Services already rendered and expenditures already made), or not more than thirty (30) days after the expenditures were made, and in no event after the 31a day of January following the end of each year oftbe Contract, the Contractor shall furnish the County with detailed documentation in support of the payment for the Services or expenditures under the Contract e.g. dates oftbe Service, worksite locations, activities, hours worked, pay rates and program budget categories. The Suffolk County Payment Voucher shall include time records, certified by the Contractor as true and accurate, of all personnel for whom expenditures are claimed during thc period. Time and attendance records ora project director, if any, shall bc certified by thc Chairperson, President or other designated member of the Board ofDirecturs ot'the Contractor. All Suffolk County Payment Vouchers must bear a signature as that term is defined pursuant to New York State 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 thc Contract and submitted for reimbursement must be documented and must comply with accounting procedures as set forth by the Suffolk County Department of'Audit and Control. Documentation, including any other form(s) required by County or thc Suffolk County Department of Audit and Control, shall be furnished to the County pursuant to, and as limited by, thc Regulations for Accounting Procedures for Contract Agencies of thc Suffolk County Department of Audit and Control [n addition to any other remedies that the County may have, failure to supply thc required documentation will disqualify thc Contractor from any further County contracts. 20 of 27 pages Payment by County Payment by the County shall be made within thirty (30) days after approval of thc Suffolk County Payment Voucher by the Comptroller, Budget Modification i.) The parties shall use thc Contract Budget Modification Request form ("Budget Modification") for revisions to the Budget and Services not involving an increase to the total cost oftbe Contract. The Contractor shall submit to the County the Budget Modification proposed revisions for either Budget or the Services. Such request must be made in advance of incurring any expenditure for which the revision is needed. ii.) When the County and thc Contractor agree as to such revisions, the Contractor shall execute the Budget Modification form. The Contractor shall return il to the County for iii.) Upon complete execution of the Budget Modiftcation form, the County shall return a copy to the Contractor. The revision shall not be effective until the Budget Modification is completely executed. iv.) Thc Budget Modification form may be submitted only twice per calendar year and may only be submitted prior to November 15~h of that year. Budget and/or Services Revisions i.) The parties shall use the Contract Budget/Services Revision Approval Form (Budget/Services Revisions) for revisions to the Budget and Services involving any change to the total cost of the Contract via resolution of the Legislature or by the County's adopted annual budget. The Contractor shall submit to the County, proposed revisions for either Budget or any necessary changes of Services to be provided. ¥02 11-25-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency ii.) When the County and the Contractor agree as to such revisions, thc Contractor shall execute the Budgct/Scrviccs Revisions form and shall return it to thc County. those terms and conditions in no less than fourteen (14) days. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures iii.) Upon complete execution of the form by the parties, thc County shall return a copy to the Contractor. Thc revision shall not be effective until the Budget /Services Revisions is completely executed. The charges payable to the Contractor under the Contract are exclusive of federal, state, and local taxes, the County being a municipality exempt from payment of such taxes. Final Voucher bo Upon request, the Contractor shall submit to the County a current copy, certified by the Contractor as true and accurate, of its: i.) salary scale for all positions listed in the Budget; ii.) personnel rules and procedures; iii.) pension plan and any other employee benefit plans or arrangements. The Contractor shall not be entitled to reimbursement for costs under any pension or benefit plan thc Comptroller deems commcrciaUy unreasonable. The acceptance by the Contractor of payment of all billings made on the fina1 approved Suffolk County Payment Voucher shall operate as and shall be a release of the County from all claims by the Contractor. Subject to Appropriation of Funds The Contract is subject to the amount of funds appropriated and any subsequent modifications thereof by the Legislature, and no liability shall be incurred by the County beyond the amount of funds appropriated by the Legislature for the Services. If the County fails to receive Federal or State funds originally intended to pay for the Services, or to reimburse the County, in whole or in part, for payments made for the Services, the County shall have the sole and exclusive right to: i.) Determine how to pay for the Services; ii.) Determine future payments to thc Contractor; and 4o iii.) Determine what amounts, if any, arc reimbursable to thc County by the Contractor and the terms and conditions under which such reimbursement shall be paid. The County may, during the Term, impose a Budget Deficiency Plan. In the event that a Budget Deficiency Plan is imposed, the County shall promptly notify the Contractor in writing of the terms and conditions thereof, which shall be deemed incorporated in and made a part of the Contract, and the Contractor shall implement 21 of 27 oaaes Notwithstanding anything in this paragraph 3 of this Article VI, the County shall not be limited in requesting such additional financial information it deems reasonable. Accounting Procedures Thc Contractor shall maintain accounts, books, records, docuraeets, other evidcnce, and accounting procedures and practices which sufiSciently and properly reflect all dircct and indirect costs of any nature expended in thc performance of the Contract. in accordance with generally accepted accounting priociplas and with rules, regulations and financial directives, as may be promulgated by the Suffolk County Department of Audit and Control and thc Department. The Contractor shall permit inspection and audit of such accounts, books, records, documents and other evidence by the Department and thc Suffolk County Comptroller, or their representatives, as often as, in their judgment, such inspection is deemed necessary. Such right of inspection and audit as set forth in subparagraph b. below shall exist during the Term and for a period of seven (7} years aRcr cxpiration or termination of thc Contract. The Contractor shall retain all accounts, books, racords, and othcr docuracnts relevant to the Contract for seven (7) years after final payment is madc by the County. Federal, State, and/or County auditors and any persons duly antborizcd by thc County shall have full access and the right to examine any of said materials during said period. Such access isgramed notwithstanding any exemption from disclosure that may bc claimed for those records which are subject to nondisclosure agreements, trade secrets and Y02 11-~5-2009 template Rev. 4-15-10; Law No. 10-YO- You~th Bureau Implementing Agency commercial information or financial information that is privileged or confidential. The Contractor shall utilize the accrual basis of accounting and will submit all financial reports and claims based on this method of accounting during the Term. Audit of Financial Statements All payments made under the Contract are subject to audit by the Comptroller pursuant to Article V of the Suffolk County Charter. The Contractor further agrees that the ComptroUer 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 County to the Contractor, within thirty (.30) days after the issuance of an official audit report by the Comptroller or his duly designated representatives, the Contractor shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed p]an of repaymant to the Comptroller. If there is no response, or if satisfactory repayments are not made, the County may recoup overpayments from any amounts due or becoming due to the Contractor from the County under the Contract or otherwise. The provisions of this paragraph shall survive the expiration or termination of the Contract. Financial Statements and Audit Requirements Notwithstanding any other reporting or certification requirements of Federnl, 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 County, whether under the Contract or other agreements with the County, and shall submit a report to the County on (he overall financial condition and operations of thc Contractor, including a balance sheet and statement of income and cxpensas, attested by the Auditor as fairly and accurately reflecting the accounting records of thc Contractor in accordance with generally accepted accounting principles. The Contractor may solicit requests for proposals from a number of qualified accounting firms and review carefully the costs of, and qualifications for, this type of work before selecting the Auditor. The Audilor should be required to meet the following minimum requirements: 22 of 27 I~aaes i.) a current license issued by thc New York State Education Department; ii.} sufficient auditing experience in the nonprofit, gnveromcntal or profit- making arcas, as applicable; and iii.) a satisfactory peer review issued within not more than three (3) years prior to the date when the Auditor was selected to conduct the audit. The audit must be conducted in accordance with generally accepted governmental auditing standards. Financial statements must clearly differentiate between County-funded programs and other programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged for this purpose. The Auditor must also prepare a Management Letter based on the audit. In the event the Contractor is a non-profit organization or unit of local government and expends five hundred thousand ($500,000.00) dollars or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass-through entity, such as New York State or Suffolk County, during any fiscal year within which it receives funding under the Contract, the audit must bo conducted, and the audit report ("Single Audit Report") must be, in accordance with OMB Circular No. A-133 (revised June 27, 2003). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass. through entity, to the extent required by the OMB Circular referred to above. The Contractor must submit to the County a statement in writing, certified by its chief financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must mail or deliver the certified statement to the Department and to the Executive Director of Auditing Services, Suffolk County Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memor/al Highway, P. O. Box 6100, Hanppauge, New York I 1788-0099, as soon as possible after the end of the Contractor's fiscal year. Thc statement must includc all Federal funding received directly from the Federal government and all Fedcral funds passed through from thc County and othcr pass-through entities. Copies of all financial statements, Managcmcnt Letters, Single Audit Reports and other audit Y02 11-25-2009 template Rev. 4-15-10; Law No. 10-YO- YOuth Bureau Implementing Agency ho reports must be transmitted to the County and to the Executive Director of Auditing Services at the address set forth above. The reports must be submitted within thirty (30) days after completion oftbe audit, but in no event later than nine (9) months after the end of the Contractor's fiscat year, to which the audit relates. These requirements do not preclude the County, the Comptroller, or their authorized representatives, or Federal or State auditors from auditing all records of the Contractor. Therefore, the records of the Contractor must be made available to authorized representatives of Federal, State and County government for that purpose. The provisions of this paragraph shall survive the expiration or termination of the Contract. Furniture, Fixtures, Equipment, Materials, Supplies a. Purchases, Rentals or Leases Requiring Prior Approval Prior to placing any order to purchase, rent or !ease any furniture, fixtures, or equipment valued In excess of one thousand dollars ($1,000.00} per unit for which the Contractor will seek reimbursement from the County, thc Contractor shall submit to the County a written request for approval to make such a proposed purchase, rental or lease, with a list showing thc quantity and description of each item, its intended location and use, estimated unit price or cost, and estimated total cost of thc proposed ordcr. Written approval of thc County shall be required before thc Contractor may proceed with such proposed purchase, rental or lease of furniture, fixtures or equipmant. All items purchased must bc new or like new unless specifically described otherwise in the Budget. Purchase Practices/Proprietary Interest of County i.) ii.) The Contractor shall follow the general practices that are designed to obtain furniture, fixtures, equipment, materials, or supplies at the most reasonable price or cost possible. The County reserves the right to purchase or obtain furniture, fixtures, equipment, materials, or supplies for thc Contractor in accordance with the pmgnunmatic needs of the Contract. If the County exercises this right, the amount budgeted for the items so purchased or obtained by thc County for the Contractor shall not be available to the Contractor for any purpose whatsoever. Title to any such items purchased or otherwise obtained by the 23 of 27 naaes iii.) County for the programs encompassed by the Contract and entrusted to the Contractor, shall remain in thc County. .Thc County shall retain a proprietary mtcrest in all furniture, removable fixtures, equipment, materials, and supplies purchased or obtained by the Contractor and paid for or reimbursed to the Contractor pursuant to thc terms of the Contract or any prior agrecmcnt between the parties. iv.) The Contractor shall attach labels indicating thc County's proprietary interest or title in all such property. County's Right to Take Title and Possession Upon the tcrmination or expiration of the Contract or any renewal thereof, the discontinuance of the business of the Contractor, the failure of the Contractor to comply with the terms afthe Contract, the bankruptcy of the Contractor, an assignment for the benefit of its creditors, or the failure of the Contractor to satisfy any.iudgment against it within thirty (30) days of filing of the judgmenL the County shall have the right to take title to and possession of all furniture, removable fixtures, equipment, materials, and supplies referred to in subparagraph 7(b) above and the same shall thereupon become the property oftbe County without any claim for reimbursement on the pan of the Contractor. Inventory Records, Controls and Reports The Contractor shall maintain proper and accurate inventory records and controls for all such furniture, removable fixtures and equipment acquired pursuant to the Contract and all prior agreements between the panics, if any. Three (3) months before the expiration date of the Contract, !he Contractor shall make a physical count of'all ~tcms of furniture, removable fixtures and equ!pment in its custody, checking each item against thc aforesaid inventory records. A report setting forth the results of such physical count shall bc prepared by thc Contractor on a form or forms designated by thc County, certified and signed by an authorized o~cia[ of thc Contractor, and one ti) 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 thc termination or expiration date of the Contract, the Contractor shall submit to the County six (6) 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 furnitare, removable f~xtures and equipment on the aforesaid expiration date, and Y02.11-2~-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency revised, if nccessary, to include any inventory changes during thc Fast three (3) months of the Protection of Property in Contractor's Custody The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, fixtures, equipment, material or supplies in its custody against damage or loss by fire, burglary, theft, disappearance, vandalism, or misuse. In the event of burglary, theft, vandalism, or disappearance of any 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 may be made thereon. In the event of loss of or damage to any item of furniture, fixtures, equipment, materials, or supplies from any cause, the Contractor shall immediately send the County a detailed written raport thereon. Disposition of Property in Contractor's Custody Upon termination of the County's funding of any of the Services covered by the Contract, or at any other time that the County may direct, the Contractor shall make access available and render all necessary assistance for physical removal by the County or its designee of any or all furniture, removable fixtures, equipment, materials or supplies in the Contractor's custody in which the County has a proprietary interest, in the same condition as such property was received by the Contractor, reasonable wear and tear excepted. Any disposition, settlemanls or adjustments connected with such property shall be in accordance with the rules and regulations of the County and the State of New York. 8. Lease or Rental Agreements If lease payments or rental costs are included in the Budget as an item of expease reimbursable by the County, the Contractor shall promptly submit to the County, upon request, any lease or rental agreement. If dut/ng the Term, the Contractor shall enter into a lease or rental agreement, or shall renew a lease or rental agreement, the Contractor shall, prior to the execution thereof, submit such lease or rental agreement, to the County for approval. Statement of Other Contracts Prior to the execution of the Contract. the Contractor shall submit a Statement of Other Contracts to the County, which shall be attached as an exhibit to the Contract. Iftbe Contract is amended during the Term, or if he County exercises its option right, the Contractor shall attach a then current Statement of Other Contracts. 24 of 27 pages 10. Miscellaneous Fiscal Terms and Conditions bo Limit of County's Obligations The maximum amount to be paid by the County is set forth on the first page oftbe Contract. Duplicate Payment from Other Sources Payment by the County for the Services shall not duplicate payment received by the Contractor from any other source. c. Funding Identification The Contractor shall promptly submit to the County upon request, a schedule for all programs funded by the County itemizing for each such program the sums received, their source and the total program budget. Outside Funding for Non-County Funded Activities Notwithstanding thc foregoing provisions of thc 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 grant awards or from providing additional educational activities/services which may result in the Contractor incurring additional costs, as long as the following conditions are met: i.) The County is not the Fund Source for the additional services; ii.) Sufficient funding is available for or can be generated by the Contractor to cover the cost incurred by the Contractor to provide these additional services; and lfsufficiant funding is not available or cannot be generated, the County shall not be held liable for any of the additional costs incurred by the Contractor in furnishing such additional services. Pt/or to scheduling any such additional services on County-owned property. the Contractor shall obtain written County approval. Thc Contractor shall, to the County's satisfaction, submit any documcntation requcsted by thc Department reflecting the change, and identify thc additional services to be provided and the source of funding that shall be utilized to covcr thc expenditures incurred by thc Contractor in undcrtaking thc additional services. iii.) iv.) ¥02 11-25-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bm:eau Implementing Agency e, Potential Revenue The Contractor shall actively seek and take reasonable steps to secure all petential funding from grants and contracts with other agencies for programs funded by the County. Payments Contingent upon State/Federal Funding Payments under the Contract may be subject to and contingent upon continued funding by State and/or Federal agencies. In such event, no payment shall be made until the Contractor submits documentation in the manner and form as shall be required by State and/or Federal agency. If late submission of claims precludes the County from claiming State or Federal reimbursement, such late claims shall not be honored. If, for any reason, the full amount of such funding is not made available to the County, the Contract may be terminated in whole or in part, or the amount payable to the Contractor may be reduced at the discretion of the County, provided that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction, and provided that money has been appropriated for payment of such costs. Denial of Aid Ifa State or Federal government agency is funding thc Contract and fails to approve aid in reimbursement to the County for payments made hereunder by the County to the Contractor for expenditures made during the Term because of any act, omission or negligence on thc part of the Contractor, then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal government agency, and the County's obligation to the Contractor shall be reduced by any such amounts. In such an event, if there should be a balance due to the County at'er it has made a final payment to the Contractor under the Contract, on demand by the County, the Contractor shall reimburse the County for the amount of the balance due the County, payable to the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. Budget The Contractor expressly represents and agrees that the Budget, to the extent applicable, lists all personnel and/or all other costs of the Services. Payment of Claims Upon receipt ora Suffolk County Payment Voucher, the County, at its discretion, may pay 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 County 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 Contract an amount less than, or receive amounts more than, provided in the Budget, the total cost oftbe 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 County shall not exceed the lesser of(i) approved actual net expenditures or (ii) the total cost of the Contract on the cover page and in the Budget. Upon termination or expiration of tbe Contract. if the Contractor's total amount of allowable expenses is less than the total amount of the payments made during the Term, the Contractor shall prepare a check payable to the Suffolk County Treasurer for the difference between the two amounts and submit such payment to the County, along with thc final Suffolk County Payment Voucher. Travel Costs Reimbursement to the Contractor for travel costs shall not exceed amounts allowed to County employees. Attendance at Conferences All conferences that are partially or fully funded by the County that the Contractor's staffwish to attend must be pre-approved, in writing, by the County and must be in compliance with Suffolk County Standard Operating Procedure A-07 and Executive Order No. 4-2004. Salaries The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all withholding and payroll taxes to the Federal/State governments has been provided to the County. Salary Increases No salary, wage, or other compensation for the Services shall be increased over thc amount stated in the Budget without the prior written approval of the County. 25 of 27 pages ¥02 11-25-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bureau Implementing Agency o. Contractor Vacancies The County shall have the right of prior approval of the Contractor's filling of any position vacant as of the date of execution of the Contract or as may thereafter become vacant, and, in the exercise of that right, may promulgate reasonable regulations involving position control which shall be deemed to be incorporated by reference in, and be made part of, the Contract. p. No Limitation On Rights Notwithstanding anything in this Article VI, the County shall have available to it all rights and remedies under the Contract and at law and equity. Comptroller's Rules and Regulations The Contractor shall comply with the "Comptroller's Rules and Regulations for Consultant Agrccmants" as promulgated by thc County Departmcnt of Audit and Control and any amcndmcnts thereto during thc Term. Thc County shall provide the Contractor with a copy of any amendments to thc "Comptroller's Rules and Regulations for Consultant Agreements' during the Term. End of Text for Article VI 26 of 27 pages Y02 11-35-2009 template Rev. 4-15-10; Law No. 10-YO- Youth Bu~reau Implementing Agency Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibits Public Disclosure Living Wage Union Certification Lawful Hiring Certification Regarding Lobbying Budget Modification Request Budget/Services Revisions Approval Standard Operating Procedure A-07 Amendment 1 and Executive Order 4-04 Comptroller's Rules 27 of 2? pages Certification Regarding Lobbying for Contract, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with the awarding of any contract, the making of any grant, the making of any loan the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any contract, grant, loan, or cooperative agreement. If any funds other than State or Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with this contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying', in accordance with its instructions. The undersigned shall require that the language of this certification 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 certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering'into this transaction imposed by Section 1352, Title 31, U.S. Code..Failure to file the required certification shall bo subject to civil penalty by the Federal government of not less than $10,000 and not more than $100,000 for each such failure. Provider: AgreementNumber: sign: Title: Date: Page I of 1 Page_ of COUNTY OF SUFFOLK OFFICE OF BUDGET CONTRACT BUDGET MODIFICATION REQUEST The program budget contained in the Agreement of ,20 between the COUNTY OF SUFFOLK and is hereby amended as follows: LINE NO. DESCRI~I'ION (as cl~u~d) $ CHANGE (HEADING) Show whether County or/t~ share $ BEFORE $ A~-I'~ + or - NET CHANGE $ Except as set forth above, this budget modification shall not be deemed to change any condition or provision in the said Agre~nent. By: By: Name: Name: Title: Title: Date: Dept.: Agency: Dhte: Louis A. Medina Execmive Director Suffolk County Youth Bor~u FOR THE COUNTY OF SUFFOLK APPROVED BY: DATE: NOTE: This form is not to be used to affect any net increase in the budget. USE REVERSE FOR SUPPORTING STATEMENTS STANDARD OPERATING PROCEDURE OFFICE OF THE COUNTY EXECUTIVE D~tc: 08/0~ Approved by: STEVE LEVY SUFFOLK COUNTY EXECUTIVE N~mben A-07 Amendment TRAVEL~ CONFI~.RKNCE~ AND MEETING ATTENDANCE THIS SOP SUPERSEDES THE SHEETS IN THE SOP MANUAL THAT IS IDENTIFIED AS "SOP A-0T' DATED 40../97. HOLDERS OF THE SOP MANUAL SHOULD REMOVE AND DISCARD THE CITED SHEETS AND REPLACE THEM WITH THIS DOCUMENT. I. Partake: This SOP details how employees can obtain appwval for conference attendance, travel out of Suffolk County during county time for conferences or seminars, and government related meetings with an overnight stay. 2. Scooe: This SOP applies to all County Employees in all county departments, offices, or agencies. 3. ~: This procedure amends thc previous version dated 3/'22/04. The new procedure will require the booking of hotel accommodations, rental cars, airplane travel, and AMTRAK be handled through a designated Iravel ag~cy. (I) A Can£erence 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 an example of a conference. (2) A Meetine is defined as a one day, regularly scheduled or impromptu, gathering of people for a specific purpose. A meeting of thc Legislative Subcommittee of the New York State Association of Counties is an example of a meeting. (3) A S~r0inar is defined as a group of people assembling for education or training related to performance of a one's job duties as a county employee. · $. P~ocedUre: Conferences 1) ~No more than two (2) persons from a department will be permitted to attend 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 wan'ant more attendees (e.g., mandated training). 2) ~To reimbursement will be made for an overnight stay in New York City, Nassau or Suffolk County. Employees will be required to commute to confermaces, meetings, and seminars in these lo~ations. Reimbursement for meals shall be limited to those instances in which it is required by binding legal obligation. 3) An application for conference attendance, and travel, Executive Form 10, must be submitted so that it arrives at the County Executive's Budget Offic~ at least two weeks prior to thc conference data. If an cmcrgcncy necd to attend a confcrcncc arises, thc form should bc faxed to thc 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 cvent beyond thc control of thc applicant has caused the delay in filing the application. In no circumstances should an cmploycc attend a confcrencc before thc conference form has becn approved. There will bc 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) All travel needing hotel accommodations, airline travel, car rental, and AMTRAK shall be arranged through a designated travel agency. ~) Supporting information such as brochures, program descriptions, itineraries, documentation, fees, rationale, application, etc., must be submitted with Executive Form # I 0. ~) The Rulcs and Regulations governing travel orders and accounts, promulgated by the county Dcpm-~ment of Audit and Control, must be followed in preparing Executive Form #10. '~'~) The box indicating "Total Cost of this Conference" and thc section at thc bottom indicating "Travel Cost" and "Total Cost" should be filled in on all copies. oAt~.l~.il ~plications for conference attendance will be returned to the respective depari~ent, ~or agency if any of the above procedures have not been adhered to. COUNTY OF SUFFOLK OFFICE OF THE COUNTY COMPTROLLER JOSEPH SAWICKI, JR. Comptroller DEPARTMENT OF AUDIT AND CONTROL Comptroller's Rules and Regulations for Consultant's Agreements Revised 12/2009 TABLE OF CONTENTS Purpose ....................................................................................... 1 Scope .......................................................................................... Definitions .................................................................................... 1 Allowable Claims ........................................................................... Claim Submission ........................................................................... 2 Out of Pocket Expenses ................................................................... 3 Sub-Contractor Claims ..................................................................... 5 Certified Statements ........................................................................ 6 EXHIBITS EXHIBIT A EXHIBIT B County of Suffolk, Standard Payment Voucher FORM PV ...................................................... 8 Consultant's Time Summary - FORMA&C108 ............................................. 9 EXHIBIT C Consultant's Expense Summary FORM A & C 109 ............................................ 10 1 1. Purpose - This manual 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 finn engaged to provide outside professional services to Suffolk County departments and agencies. b. Consultant's Agreement - A written contract describing the specific services to be rendered by the consultant and the mount 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 Procedures, 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 rote per day or per hour. Accordingly, a rote 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 Claim Submission - Consultants should submit their claims for reimbursement through the County department or agency responsible for the consultant's assignment, using appropriate forms, as indicated below: a. Claim Voucher - A County of Suffolk Standard Payment Voucher Form (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 performed, 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. FORJVI A&C 108 (Exhibit B) - The Consultant's Time Summary should be used to record daily hours worked bY each staffmember 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 and authorized individual of the consultant's fn'm. It should then be attached to the County of Suffolk Standard Payment 3 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. 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 totals 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 the County of Suffolk Standard Payment Voucher Form. 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 sustenance while traveling. Effective October 1, 2009, 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 (rev. October 2009), the 2009 per diem meal and incidental rate is Co do 4 $71.00 per diem including tax. 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 state limits). The County will not honor claims for the reimbursement of"business meals" submitted by members oftbe consultant's firm who are not traveling out of town (overnight) in performance of the contract. Where a consultant meets the necessary criteria to be reimbursed for meals, no receipts will be necessary but a certified stateman~ will be required. b. Lodging - Effective October 1, 2009, claims for lodging 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 (rev. October, 2009). The 2009 per diem rate for lodging is $130.00 including taxes. Claims for lodging must be accompanied by paid receipts. Audit and Control should be contacted for the allowable rate for future fiscal periods. .~.irfare - 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. Mileage - The County will reimburse mileage claims in accordance with the applicable current rate allowed by the U.S. Internal Revenue Service. As of January I, 2009 the rate is $.55 per mile and January 1, 2010 the 5 rote is $.50 per mile. The 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 statement will be adequate documentation for these expenses. h. ~ses - 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 ora specific contract for photocopies, the County will reimburse at a cost not to exceed $. 15 per copy, including labor. A certified statement will be adequate documentation for reimbursement. Sub-Contractor Clalrns- 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 6 not in compliance with the contract between the Consultant and the County. The reporting requirement 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: "The above expenses are true and just and are a result of business conducted in accordance ~ith the terms of the contract with Suffolk County, and have not be been previously paid." Signature of Authorized Person EXHIBITS PERIOD I~D~G AUTHOI~ SIGNA'I'~ PH~JOD Suffolk County, New York D~ .arlment of Labor S~UFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION UNIT UNION ORG~A~OZ~G CERTIFICATION/I)EC~LARATiON_ SUBJECT TO AUDIT If the follow/ag de£mition of "County Coat · contractor's/bane , . -- cactof (Umon O n/zJn ..... ficlorys bnsmess or transaction ~+~ o ....... r~a g Law Chapter 466-2) annli~ ~ . -- ~".~ .uJ.uWiSlg oelinltions do not annl~ &k .... , .... ~-v.,uGu~axgiflFy must eom lete Secti nelow. (.1ompleted forms must be .,.k--:._.,. .[ try, mc ~uurluctor/oaneilelary must eOmnlpt. ~o,.+. P o,..,on~Lcu to me awarding agency. -- --~ ...... eons · ~ounty or ~;urto/k or any of its aeenci~ ....... ty~ -- . r supplyml goods or serv/ces vursuant program; pursuant to a Suffolk County re/mborsement for serv/ces provided/n any calendar year;, or pursuant to a subcontract with an of the above." Section I ] The Un/un Organ/zing Law applies to tiffs conWact. I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 26-2003, the Suffolk County Un/on Organie/_ug Law (the law) and, as to the goods and/or services that are the subject of the cunlract wIth the County of Suffolk shall not ese County funds to assist, promote, Check if or deter un/on organ/zing (Chapter 466-3 A), nor seek reimbursement ~rom the County for costs incurred to assist, Applicable promote, or deter union organ/zing. (Chapter 466-3 B) I/w.e further.agr, ee~. t~ take al~ act~n neces~ery t~ ensure tha~ C~unty fands ere n~t esed ~ ass. union organizing (Chapter 416-3/4) 1st, promote, or deter I/we further ~ree that I/we w/Il not use County property to hold meetings to assist, promote, or deter un/on organ/z~. (Chapter I/we further agree that ~fany exponditures or costs recurred to essist, promote, or deter un/on organ/zing are made, I/we shall maintain records su~¢ient to show that no County funds were esed for those expenditures and, as applicable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or anthofity, the County Comptroller, orthe County Department of Law Upon request. (Chapter 466-3 1) J/we fi]tther a~flrm to the following as to the gco~ end/or settees that are · County of Suffolk. the subject of the con~act with the · I/we will not express to employees any false or mislcedin~ informatiun that is intunded to influence the dston~inatiun of employee prefi:rances regarding union r~tntion; we will not reqmre an employee, individually or in a group, to attend n meeting or an event that is intended to · influence his or her decision in selecting or not selecting a bargaining represenMfive. I/we understand my/nor obliga~un to limit disruptions caused by prerecosn/tion labor disputes through the adoption ofnonconfrontafional procedures for the resolu~on o~ · · · · . rprereoogn/tion labor disputes with employees · engaged m the produclion of goods or the rendering of services for the County; and I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure · th~ efficien~ timely, and quality provision of goods and services to the County. Vwe shall include a list of said -=~ures in such certification. ~ Tile U~n/un Organizing Law does not apply to this con=ct for the following reason(s): ~ f ~ ~; · O, '~-f' Cheek if Appl/ceble VOL-LO1 Suffolk County, New York ,D~u~qm~ut of Labor Section/II Con~ractor Name: Contractor Address: Coniractor Phone #: Description of project or service: pena)~ perjury certification, ~d O~t ~above is tree and correct Authorized~'~~Sig~atura ~ Print Name and Title of Authorized Rep~scntativ¢- '- Section IV In the event any part of the Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a court of competent jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ab initio. Section V I declare under under the Laws of the State of New York that the undersigned is authorized to provide this Date I~OL-L0 / (3/5/08) Suffolk County, New York Department of Labor Section H Check if SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION .UNION ORGANIZING CERtIFICATION/DECLARATION_ SUBJECT TO AUDIT If the following definition of "County Contractor" (Union O anizin Law nCe~ 466-2)applies to the eontraetor'~/bonefieinry,s business or transaction with Suffolk County, t~e eon~graetor/be must eomplete Sections I, HI, and FV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections H, HI and IV below. Completed forms must be submitted to the awarding agency. County Contractor: "An), employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to n Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with any o~th¢ above." Section I  The Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as to the goods and/or services that are the subject of the contract with the County of Suffolk shall not use County funds to assist, promote, Check if or deter anion organizing (Chapter 466-3 A), nor seek reimbursement ~om the County for costs incurred to assist, Applicable promote, or deter onion organizing. (Chapter 466-3 B) Fwe further agree to take all action necessary union organizing. (Chapter 466-3 H) to ensure that County funds are not used to assist, promote, or deter I/we further agree that I/we will not use Coonty property to hold meetings to assist, promote, or deter union organizing. (Chapter 466-3E) I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, I/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as applicable, that no reimbursement from County funds has been sought for such costs. I/we agree flint such records shall be made available to the pertinent County agency or authority, tho County Comptroller, or tho County Department of Law upon request. (Chapter 466-3 I) I/we further affirm to the following ss to the goods and/or services that are the subject of the contract with the County of Suffolk: · I/we will not express to empiny~ any false or misleading information that is intended to influence the determination of employee preferences regarding union mpresantatiun; · I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a herg~inlng representative; · I/we will n°t reqalre an employec, individueliy or in a greup, to attend a meeting or an event that is intended to influence his or her decision in selecting or not selecting a bargaining representative; · I/we understand my/our obligation to limit disruptions caused by prea'ecognition labor disputes through the adoption ofnonconfrontatiunal procedures for the resolution ofprerecognitiun labor disputes with employees engaged in the production of goods or the rendering of aery/cos for the County; and · I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure ' the effician~ timely, and quality provision of goods and services to the County. I/we shall include a list of said procedures in such The Union Organizing Law does not apply to this conlract for the following rceann(s): Applicable E)OL-LOI (3/5/08) Suffolk CounW. New York D~pamn~nt of Labor Section HI Con~ractor Name: Con~'actor Address: . Contractor Phone #: ( Amount of Assistance: Vendor #: Description of project or service: Section IV In the event any part of the Union Organizing Law, Chapter 466 of the Laws of SuffoLk County, is found by a court of competent jufisd/ction to be preempted by federal and/or state law, this certification/declaration shal~ be void ab initio. Section V I de,me under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this _C~ Au~b~S~'g~ature Date Print Name and Title of Authorized Representative DOL-LOI (3/5/08) Statement of Other Contracts CONTRACTOR NAME ADDRESS CONTACT Family Service League, Inc. 790 Park Avenue Huntingtor~ New York 11743 Bernice Selig PHONE NUMBER 427-3700 Program Agreement # SUFFOLK COUNTY CONTRACTS ACT Team OMH East End Clinic OMH Family Recovery Center OMH CAPT Center OMH Therapeutic Recreation OMH Parent - Parent OMH CCSI OMH Supportive Case Management-Children OMH Blended Case Management-Adult OMH Supportive Case Management-Adult Home OMH Suicide Prevention OMH PROS OMH CCSI - Vines DSS Home Base I DSS Program Home DSS Home Safe DSS COLA DSS Alternatives for Youth DSS Linkage Center DSS Middle Country Library DSS HPRP DSS HRPR DSS Home Base II/III Probation Home Base IV Probation Ombudsman Aging Ombudsman IIIB Aging Operation Success Youth Bureau Family Care Givers Aging Youth & Family Youth Bureau PINS Probation FACILE Youth Bureau Family & Schools Together Youth Bureau County Wide Counseling Youth Bureau South Shore Family Center Youth Bureau Contract With Term Amount 2010 $ 151,608 2010 $ 449,741 2010 $ 481,543 2010 $ 35,520 2010 $ 78,679 2010 $ 91,162 2010 $ 35,356 2010 $ 267,680 2010 $ 549,101 2010 $ 74,475 2010 $ 46,000 2010 $ 35,000 2009 $ 201,544 2010 $ 160,838 2010 $ 143,380 2010 $ 529,991 2009 $ 37,006 2010 $ 324,299 2010 Fee for Service 2010 $ 5,000 2010 $ 888,327 2010 $1,253,362 1/1-6/30/10 $ 272,070 1/1-6/30/10 $ 76,104 2010 $ 184,341 2010 $ 20,795 2010 $ 5,000 20O9 $ 26,675 2010 $ 182~49 2010 Fee for Service 2010 $ 236,728 2010 $ 117,543 2010 $ 35,475 2010 $ 43,694 HomeShare LI NEW YORK STATE CONTRACTS Member items Healthy Families CCAP Preschool FAST Ombudsman SNAP Economic Dev 2010 $ 15,000 OCFS 2010 $ 100,000 OCFS 2009-2010 $ 402,000 Dormitory Authority 2009 $ 50,000 SED 2010 $ 20,000 SED 2010 $ 20,000 Office of the Aging 2009-2010 $ 60,000 OCFS 2009-2010 $ 116,454 FEDERAL GRANTS HUD HUD 2009-2010 $ 87,947 HHAP HUD 2009-2010 $ 750,218 LOCAL CONTRACTS Town of Huntington Elderlink Senior Net Relocation Workplus FACILE Town of Babylon Homeshare Town of East Hampton Alcohol Mental Health Town of South Hampton Mental Health Town of Brookhaven Youth Town of IsliD FAST HomeShare Workplus SCHOOL DISTRICTS UPK South Huntington Huntington Bay Shore Brentwood Cutchogue Human Services 2010 $ 10,000 Human Services 2010 $ 5,000 Human Services 2010 $ 60,000 Human Services 2010 $ 30,000 Youth Bureau 2010 $ 265,428 2009 $ 10,000 2010 $ 60,000 2010 $ 70,000 2010 $ 70,000 2009 $ 70,219 2009-2010 $ 70,000 2009-2010 $ 10,000 2009-2010 $ 30,000 2009-2010 $ 234,000 2009-2010 $ 340~00 2009-2010 $ 234,000 2009-2010 $1,720,152 2009-2010 $ 99,524