HomeMy WebLinkAboutCommunity Development Block Grant (2)RESOLUTION 2010-558
ADOPTED
DOC ~:6~9
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-558 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 27, 201.0:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement with the County of Suffollq Office of
Community Development, in connection with the 2010 Community Development Block Grant
Program in an amount of $130,000, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Talbot, Krnpski Jr., Evans, Russell
LawNo. /5"- C'2) - O 3~. IFMSNo.
Community Development Block Grant
AGREEMENT
This Agreement, is between the County of Suffolk (County), a municipal corporation of the State of New York, acting
through its duly constituted Office of Community Development, ("Department") located at 100 Veterans Memorial Highway, P.O.
Box 6100, Hanppauge, N.Y. 11788, and the Town of Southold, (Contractor), a municipal corporation under the laws of the State of
New York, located at Town Hall - PO Box 1179, 53095 Main Road, Southold, NY 11971.
The Contractor has heretofore expressed its desire to undertake or assist in undertaking essential community development
and housing assistance activities as set forth in the Housing and Community Development Act of 1974, as amended (hereinafter
referred to as "the Act"), as set forth in Article I entitled "Description of Services", attached_.
The County has received and accepted a grant from the U.S. Department of Housing and Urban Development (hereinafter
referred to as "HUD") for the purposes of the Act pursuant to Suffolk County Resolution No. 601 of 2010 and the parties desire to
undertake various eligible activities under the Act; and the parties heretofore have entered into a cooperative Agreement for said
purposes.
Term of Agreement:
As provided in paragraph 24 of Article VI of this Contract, unless sooner
terminated, as provided in paragraph 2 of Article III.
Total Cost of Agreement:
Shall not exceed $130,000 as set forth in Articles I and VII.
Terms and Conditions:
Shall be set forth in Articles I through VIII, attached hereto and made a part hereof.
In Witness Whereof, the parties hereto have executed this Contract as of the latest date written above.
TOWnBy: of~~
Scotia. Russell
Supervisor
Fed. Tax ID #11-6001939
Date: ~- ~--20/13'
Scott A. Russell, hereby certifies under penalties of perjury that I am an officer of
the Town of Southold, that I have read and I am familiar with §A5-7 of Article V of
the Suffolk County Code, and that the Town of Southold meets all requirements to
Scott A~Ru~ell -
Approved as to Legality:
Christine Malafi, ~
Assistant County Attorney
Date:
Page 1 of 31
L~4.t re ~: ·
Title: Deputy County Executive
Date: /D,//q Je:~O / b
/ /
Approved:
Office of Community Development
Mary Wing~/e
Acting Community Development Director
Date:
0oobbg.
List of Articles Page #
Article I ..................................................................................................................................................... 5
Description of Services ............................................................................................................................... 5
Article II .................................................................................................................................................... 6
Definitions ................................................................................................................................................... 6
1. Meanings of Terms ................................................................................................................... 6
2. Elements of Interpretation ........................................................................................................ 7
Article III ................................................................................................................................................... 8
General Terms and Conditions ................................................................................................................ 8
1. Contractor Responsibilities ....................................................................................................... 8
a. Duties and Obligations .................................................................................................... 8
b. Qualifications, Licenses, and Professional Standards .................................................... 8
c. Notifications ................................................................................................................... 8
d. Documentation of Professional Standards ..................................................................... 8
e. Credentialing .................................................................................................................. 8
f. Engineering Certificate ................................................................................................... 8
2. Termination ............................................................................................................................. 9
a. Thirty Days Termination ................................................................................................... 9
b. Event of Default: Termination on Notice .......................................................................... 9
c. Termination Notice ............................................................................................................ 9
d. Duties upon Termination ................................................................................................... 9
3. Indemnification and Defense ................................................................................................... 9
4. Insurance .................................................................................................................................. 9
5. Independent Contractor ........................................................................................................... 10
6. Severability .............................................................................................................................. 10
7. Merger; No Oral Changes ........................................................................................................ 10
8. Set-Off Rights .......................................................................................................................... 10
9. Non-Discrimination In Services .............................................................................................. 11
10. Constitutional Prohibition ........................................................................................................ 11
11. Governing Law ....................................................................................................................... I 1
12. No Waiver .............................................................................................................................. 11
13. Conflicts of Interest ................................................................................................................ 11
14. Cooperation on Claims ........................................................................................................... 11
15. Confidentiality ........................................................................................................................ 11
16. Assignment and Subcontracting ............................................................................................. 11
17. No Intended Third Party Beneficiaries ................................................................................... 12
18. Certification as to Relationships ........................................ ~ .................................................... 12
19. Publications and Publicity ...................................................................................................... 12
20. Copyrights and Patents ........................................................................................................... 12
a. Copyrights ....................................................................................................................... 12
b. Patents ............................................................................................................................. 12
21. Arrears to County ................................................................................................................... 12
22. Lawful Hiring of Employees Law in Connection with Contracts for
Construction or Future Construction ...................................................................................... 12
Article IV ..................................................................................................................................................... 13
Suffolk County Legislative Requirements ................................................................................................ 13
1. Contractor's/Vendor's Public Disclosure Statement .............................................................. 13
2. Use of County Resources to Interfere with Collective Bargaining Activies .......................... 13
3. Lawful Hiring of Employees Law .......................................................................................... 13
4. Gratuities ................................................................................................................................ 14
5. Prohibition Against Contracting with Corporations that Reincorporate
Overseas .................................................................................................................................. 14
6. Child Sexual Abuse Reporting Policy .................................................................................... t4
7. Non Responsible Bidder ......................................................................................................... 14
Page 2 of 31
8. Use Of Funds in Prosecution of Civil Actions Prohibited ...................................................... 14
9. Work Experience Participation .............................................................................................. 14
I0. Suffolk County Local Laws Website Address ....................................................................... 15
Article V ...................................................................................................................................................... 16
Notices and Contact Persons ..................................................................................................................... 16
1. Notices Relating to Payments, Repons, Insurance, Indemnification or Other
Submissions ........................................................................................................................... 16
2. Notices Relating to Termination of and/or Litigation ............................................................ 16
Article VI ..................................................................................................................................................... 17
General Fiscal Terms and Conditions ...................................................................................................... 17
1. General Payment Terms ......................................................................................................... 17
a. Presentation of Suffolk County Payment Voucher ......................................................... 17
b. Voucher Documentation ................................................................................................. 17
c. Payment by County ......................................................................................................... 17
d. Budget Modification ....................................................................................................... 17
e. Taxes ............................................................................................................................... 17
f. Final Voucher ................................................................................................................. 17
2. Subject to Appropriation of Funds ......................................................................................... 17
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and
Procedures ........................................................................................................................ 18
4. Accounting Procedures .......................................................................................................... 18
5. Audit of Financial Statements ................................................................................................ 18
6. Financial Statements and Audit Requirements ....................................................................... 18
7. Lease or Rental Agreements .................................................................................................. 19
8. Statement of Other Contracts ................................................................................................. 19
9. Miscellaneous Fiscal Terms and Conditions .......................................................................... 20
a. Limit of County's Obligations ........................................................................................ 20
b. Duplicate Payment fi.om Other Sources .......................................................................... 20
c. Funding Identification ..................................................................................................... 20
d. Outside Funding for Non-County Funded Activities ...................................................... 20
e. Potential Revenue ........................................................................................................... 20
f. Payments Contingent upon State/Federal Funding ......................................................... 20
g. Denial of Aid .................................................................................................................. 20
h. Budget ............................................................................................................................. 20
i. Payment of Claims .......................................................................................................... 21
j. Payments Limited to Actual Net Expenditures ............................................................... 21
k. No Limitation On Rights ................................................................................................ 21
Article VII:
Federal Requirements ..................................................................................................................................... 22
1, Grant Administration .................................................................................................................. 22
2. County-Contractor Relationship ................................................................................................. 22
3. National Objectives ..................................................................................................................... 22
4. Performance ................................................................................................................................ 22
5. Citizen Participation .................................................................................................................... 23
6. Flood Disaster Protection ............................................................................................................ 23
7. Equal Employment Opportunity and Affirmative Action ........................................................... 23
8. Lead Based Paint Hazard ............................................................................................................ 26
9. Fire Prevention and Control Act ................................................................................................. 26
10. Federal Labor Standards Provisions ............................................................................................ 26
11. Compliance with Air and Water Acts ......................................................................................... 26
12. Relocation Assistance and Acquisition of Real Property ............................................................ 27
13. Consolidated Plan ........................................................................................................................ 27
14. Displacement ............................................................................................................................... 27
15. Books and Records of Accounting .............................................................................................. 27
16. Program Income .......................................................................................................................... 28
17. Real Property ............................................................................................................................... 28
Page 3 of 31
18. Reversion of Assets ..................................................................................................................... 28
19. Procurement of Equipment Services, Supplies and Materials ..................................................... 28
20. Use of Federal Funds for Lobbying ............................................................................................ 29
21. Political Activities ....................................................................................................................... 29
22. Funding Identification ................................................................................................................. 29
23. Offset of Arrears or Default ........................................................................................................ 29
24. Effective Dates ............................................................................................................................ 29
25. Fome Majeure ............................................................................................................................. 29
Article VIII:
Environmental Requirements ........................................................................................................................ 30
Exhibits
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Public Disclosure (Department to Indicate Exempt__ or Non-Exempt ............ 31
Union Certification (Department to Indicate Exempt or Non-Exempt ) ........... 31
Lawful Hiring ............................................................................................................................ 31
Certification Regarding Lobbying ........................................................................................... 31
Comptroller's Rules and Regulations .................................................................. 31
Page 4 of 31
Article I
Description of Services and Budget
The projects attached hereto have been approved for the receipt of Federal Community Development Block Grant assistance.
Project expenditures are not to exceed budgeted amounts as described in the attached project description forms plus assigned program
income unless approved by the County.
End of Text for Article I
Page 5 of 31
Grantee Name: Suffolk County
CPMP Version 2.0
Project Name: CONSORTIUM HOME IMPROVEMENT PROGRAM
Description: 11 IIDIS ProJect #: JOO01-14A-10 luoG Code." JNY369103 SUFFOLK COUNIf
GR~N'FS AND DEFERRED LOANS TO LOW AND MODERATE INCOME HOMEOWNERS FOR HOME IMPROVEMENTS.TOWn.
BRooKH~AV, EN: $834,000; RIVERHEAD: $93,840; SMITHTOWN $93,000; sOUTHOLD: $62,500 and SOUTHAMPTON:
~;3O,0OO.'r.-LMH ~ · · ,it , ~
<~": ~? '~j~i ~- ' ~, :' ' : ~ner Oc~pi~ Housing
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Project (1) I CPMP
Grantee Name: SUFFOLK COUNTY
CPMP Version 2.0
Project Name: IO01-SOUTHOLD RECREATION CENTER
Description: 54 ]DIS Project #: l100t02-03E-lO IUOG Code: INY369103 SUFFOLK COUN1Y~
TOWN OF SOUTHOLD
RENO,.V:ATION ToTHE PECONIC LANE COMMUNITY CENTER LOCATED IN THE COMMUNITY OF PECONIC, LMA
Location: ¢~t~ .~
~A~.~.i~ ~'<'-?'~ ~ ~70 ' ' Public Fadlities
~.<.~.,~,~.~_,~. . . Select one:
E~pected Complet on Date: - - '- , -
~e_~ate¢~nes~ ,-: : 1 Improve quali~ / in~ea~ quanti~ of ne g~omood faciliUes for Iow-in~me m~ns
I
M ' Proposed i . ~ Proposed
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Grantee Name: SUFFOLK COUNTY
CPMP Version
Project Name: 104g-ROBERT PERRY CHILD DAY CARE CENTER
Description: 155 IZDZSProlect #: 1~0490~-0SL-10 lUO~ Code: INY369103 SUFFOLK COUN'P~.
I~OWN OF SOUTHOLD ' PROW~t0
O~ ~SISTANCE TO A CHILD CARE CEN~ER SEVICING LOW AND MODERATE INCOME FAMIUES. ~C
~N~OAT NY 11944 , . - Select one:
Explanation:
Expe~ed ~ompl~tion Date: '
1 Improve ~e se~ices for Iow/mod income ~s
2
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CPMP
Grantee Name: SUFFOLK COUNTY
Project Name: 1057-COMMUNITY ACTION SO~U,.THOLD TOWN
Description: 5;6 IDI$ Project #: 1105701-" uS-10 IUOG Code: INY369103 SUFFOLK COUNT~"~..
PROVISION
TOWN OF $OUTHOLD
.)~EHERGENCY ~$$ISTANCE~ FOOD, CLOTHING AND SHELTER FOR. THE HOHELE$$ AND LOWER INCOHE PERSON5
T~RouGH THE COMMUNI'FY ACTION CENTER OF SOUTHOLD. LMC
Location: ~!O~
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Expected Completion Date: ~.-' , '.' "'. ' : ~, '- '
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:undSource: I '~ Proposed Amt.
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AccompLType: I 'e Proposed Units
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SUFFOLK COUNTY
Project Name: 1058-MAUREEN'S HAVEN
Description: 57 ][DXS Project #: Ilo58ol-o5-1o IUOGCode: INY3691035UFFOLK¢OUNI~:---
OF SOUTHOLD IN-r ROvIsIOr'J
T~)WN
O~" HOMELESS SERVICES INCLUDING EMERGENCY SHELTER AND FOOD TO AREA RES[DENTS EXPERIENC
lt~MEL~SNESS. PROGRAM OPERATED THROUGH THE PECONIC COMMUNI~ COUNCIL. LMC
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WN OF SOUTHOLD
i~NISTRATI~E'COSTS TO IMPLEMENT THE CDBG ACTIVITIES,
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Grantee Name: SUFFOLK COUNTY ~
1099-ADMTN[STRATION
[58 IDIS Project #: 1109901-21A-10 IUOG Code: INY369103 SUFFOLK COUN~
Completion Date:
Explanation:
Accornpl. Type:
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Underway
Outcome
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Actual Outcome
lA General Program Administration 570.206
Codes
: Codes
codes
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Amount
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Units
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Article II
Definitions
1. Meanings of Terms
As used herein:
"Audit of Financial Statements" means the examination by
the Comptroller and any Federal or State auditing anthority of
the financial statements of the Contractor resulting in the
publication of an independent opinion on whether or not those
financial statements are relevant, accurate, complete, and fairly
presented.
"Budget" means the Contractor's summary or plan of the
intended revenues and expenditures necessary to render the
Services.
"Budget Deficiency Plan" means an analysis of the cost of the
Services, changes in fiscal conditions, and required modifications to
the Contract to continue to render the Services.
"Comptroller" means the Comptrotlar of the County of Suffolk.
"Contract" means all terms and conditions herein forming all rights
and obligations of the Contractor and the County.
"Contractor" means the signatory corporation, its officers, officials,
employees, agents, servants, sub-contractors and any successor or
assign of any one or more of the foregoing performing the Services.
"County" means thc County of Suffolk, its departments and
agencies.
"County Attorney" means the County Attorney of the County of
Suffolk.
"Department" means the signatory department approving the
Contract.
"Engineering Services" means the definition of the practice of
engineering and the definition of practice of land surveying, as the
case may be, under Section 7201 and Section 7203 of the State
Education Law, respectively.
"Event of Default" means
The Contractor's failure to perform any duty
required of it under paragraphs 1 (b)-(e) of Article
III of the Contract; or
The Contractor's failure to maintain the amount
and types of insurance required by the Contract;
or
The Contractor's failure to comply with any
Federal, State or local law, rule, or regulation,
and County policies or directives; or
d. The Contractor's bankruptcy or insolvency; or
The Contractor's failure to cooperate in an Audit
of Financial Statements; or
Page 6 of 31
The Contractor's falsification of recards or
reports, misuse of funds, or malfeasance or
nonfeasance 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
timely submit, documentation to obtain Federal
or State funds; or
The inability of the County or the Contractor to
obtain Federal or State funds due to any act or
omission of the Contractor; or
Any condition the County determines, in its sole
discretion, that is dangerous.
"Federal" means thc United States government, its departments and
ageneias.
"Fringe Benefits" means non-wage benefits which accompany, or
are in addition to, a person's salad, such as paid insurance, sick
leave, profit-sharing plans, paid holidays, and vacations.
"Fund Source" means any direct or indirect sum payable to the
Contractor by the County pursuant to any lawful obligation.
"Legislature" means thc Legislature of the County of Suffolk.
"Management Letter" means a letter, certified as true by the
Contractor's certified public account or chief financial officer of
findings and recommendations for improvements in internal fiscal
control that were identified during an Audit of Financial Statements,
but which were not required to be included in an audit report.
"Municipal Corporation" means a town, village or school district.
"Services" means all that which the Contractor must do and any part
there&arising out of, or in connection with, the eantract necessary to
render the assistance and benefit intended by the Contract.
"State" means the State of New York.
"Statement of Other Contracts" means a complete list of all other
contracts under which money has been or will be paid to the
Contractor from the County, Federal, or State governments, or a
Municipal Corporation, and (i) which are currently in effect or (ii)
which have expired within the past twelve (12) months and have not
been renewed.
"Suffolk County Payment Voucher" means the document
authorized and required by the Comptroller for release of payment.
"Term" means thc time period set forth on page one of the Contract
and, if exercised by the County, the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words oftha feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms, associations,
partnerships (including limited partnerships), trusts, corporations and
other legal entities, including public bodies, as well as natural
persons, and shall include successors and assigns.
Capitalized terms used, but not otherwise defined, herein, shall have
the meanings assigned to them in the Contract.
End of Text for Article II
Page 7 of 31
Article III
General Terms and Conditions
1. Contractor Responsibilities
u. 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 all
action as may be necessary to render
the Services.
iii.)
The Contractor shall not take any
action that is inconsistent w/th the
provisions of the Contract.
Qualifications, Licenses, and Professional
Standards
i.)
ii.)
The Contractor represents and warrants
that it has, and shall continuously
possess, during the Term, the required
licensing, education, knowledge,
experience, and character necessary to
qualify it to render the Services.
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.
c. Notifications
i.)
The Contractor shall immediately
notify the County, in writing, of any
diseiplinary proceedings, commenced
or pending, with any authority relating
to a license held by any person
necessary to qualify him or the
Contractor to perform the Services.
ii.)
In thc event that a person is no longer
licensed to perform the Services, the
Contractor must immediately notify the
County, but in no event shall such
notification be later than five (5) days
aP, er a license holder has lost the
license required to qualify the license
holder or the Contractor to perform the
Services.
Page 8 of 31
iii.)
In the event that thc Contractor is not
able to perform the Services due to a
loss of license, the Contractor shall not
be reimbursed for the Services rendered
after the effective date of termination of
such license. Without limiting the
generality of the foregoing, if any part
of the Contract remains to be
performed, and the termination of the
license does not affect the Contractor's
ability to render the Services, every
other term and provision of the
Contract shall be valid and enforceable
to the fullest extent permitted by law.
Documentation of Profassional Standards
The Contractor shall maintain on file, in one
location in Suffolk County, all records that
demonstrate that it has complied with sub-
paragraphs (b) and (c) above. The address of the
location of the aforesaid records and documents
shall be provided to the County no later than the
date of execution of the Contract. Such
documentation shall be kept, maintained, and
available for inspection by the County upon
twcoty-four (24) hours notice.
Credentialing
i.) In the event that the Department, or any
division thereof, maintains a
credentialing process to qualify thc
Contractor to render the Services, the
Contractor shall complete the required
credentialing process. In the event that
any State credential, registration,
certification, or license, Drag
Enthreement Agency registration, or
Medicare or Medicaid certification is
restricted, suspended, or temporarily or
permanently revoked, it is the duty of
the Contractor to contact the
Department, or division thereof, as the
case may be, in writing, no later than
three (3} days al~er 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 the event that the Contract requires any
Engineering Services, the Contractor shall submit
to the County, no later than the due date for
submission for approval of any engineering work
product, the Certificate of Authorization
("Certificate"), issued pursuant to
§ 7210 of the New York Education Law, of every
person performing any Engineering Services.
The failure to file, submit or maintain the
Certificate shall be grounds for rejection of any
engineering work product submiUed for approval.
Termination
a. Thirty Days Termination
The County shall have the right to terminate the
Contract without cause, for any reason, at any
time, upon such terms and conditions it deems
appropriate, provided, however, that no such
termination shall be effective unless the
Contractor is given at least thirty (30) days
notice.
Event of Default; Termination on Notice
i.)
ii.)
The County may immediately terminate
the Contract, for cause, upon such
terms and conditions it deems
appropriate, 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
do
Any notice providing for termination shall be
delivered as provided for in Article V of the
Contract.
Duties upon Termination
i.)
ii.)
iii.)
iv.)
The Contractor shall discontinue the
Services as directed in the termination
notice.
The County shall pay the Contractor for
the Services rendered through the date
of termination.
The County shall be released from any
and all liability under thc Contract,
effective as &the date of the
termination notice.
Upon termination, the Contractor shall
reimburse the County the balance of
any funds advanced to the Contractor
by the County no later than thirty (30)
Page 9 of 31
days after termination of the Contract.
The provisions of this subparagraph
shall survive the expiration or
termination of the Contract.
v.)
Nothing contained in this paragraph
shall be construed as a limitation on the
County's rights set forth in paragraph 8
&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
liabilities, fines, penalties, actions, damages,
claims, demands, judgments, losses, suits or
actions, costs, and expenses caused by the
negligence or any acts or omissions of the
Contractor, including reimbursement of the cost
of reasonable attorneys' fees incurred by the
County, its agents, servants, officials, and
employees in any action or proceeding arising out
of or in connection with the Contract.
The Contractor hereby represents and warrants
that it will not infringe upon any copyright in
performing the Services. The Contractor agrees
that it shall protect, indemnify, and hold harmless
the County, its agents, servants, officials, and
employees from and against all liabilities, fines,
penalties, actions, damages, claims, demands,
judgments, losses, suits or actions, costs, and
expenses arising out of any claim asserted for
infringement of copyright, including
reimbursement of the cost of reasonable
attorneys' fees incurred by the County, its agents,
servants, officials, and employees in any action
or proceeding arising out of or in connection with
any claim asserted for infringement of copyright.
The Contractor shall defend the County, its
agents, servants, officials, and employees in any
proceeding or action, including appeals, arising
out of, or in connection with, the Contract, and
any copyright infringement proceeding or action.
At the County's option, the County may require
the Contractor to pay reasonable attorneys' fees
for the defense &any such suit.
The Contractor shall continuously maintain,
during the Term of the Contract, insurance in
amounts and types as follows:
i.)
Commercial General Liability
insurance, including contractual
liability coverage, in an amount not
less than Two Million Dollars
($2,000,000.00) per oceurranee for
bodily injury and Two Million Dollars
($2,000,000.00) per occurrence for
property damage. The County shall be
named an additional insured.
ii.)
iii.)
iv.)
Automobile Liability insurance (if any
vehicles are used by the Contractor in
the performance of the Contract) in an
amount not less than Five Hundred
Thousand Dollars ($500,000.00) per
person, per accident, for bodily injury
and not less than One Hundred
Thousand Dollars ($100,000.00) for
property damage per occurrence.
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. The Contractor shall
furnish to the County, prior to its
execution of the Contract, the
documentation required by the State of
New York Workers' Compensation
Board of coverage or exemption from
coverage pursuant to §§57 and 220 of
the Workers' Compensation Law. In
accordance with General Municipal
Law § 108, the Contract shall be void
and of no effect unless the Contractor
shall provide and maintain coverage
during the Term for the benefit of such
employees as are required to be
covered by the provisions of the
Workers' Compensation Law.
Professional Liability insurance in an
amount not less than Two Million
Dollars ($2,000,000.00) on either a per-
occurrence or claims-made coverage
basis.
The County may mandate an increase in the
liability limits set forth in the immediately
preceding paragraphs (4)(a)(i), (ii), and (iv).
All policies providing such coverage shall be
issued by insurance companies with an A.M.
Best rating orA- or better.
The Contractor shall furnish to the County, prior
to the execution of the Contract, declaration
pages for each policy of insurance, other than a
policy for commercial general liability insurance,
and upon demand, a true and certified original
copy of each such policy evidencing compliance
with the aforesaid insurance requirements. In the
case of commercial general liability insurance,
the Contractor shall furnish 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
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
Page 10of31
prior to any cancellation, nonrenewal, or material
change in the policy to which such evidence
relates, it shall be the duty of the Contractor to
notify the County immediately of any
cancellation, nonrenewal, or material change in
any insurance policy.
In the event the Contractor shall fail to provide
evidence of insurance, the County may provide
the insurance required in such manner as the
County deems appropriate and deduct the cost
thereof from a Fund Source.
If the Contractor is a Municipal Corporation and
has a self-insurance program under which it acts
as a self-insurer for any of such required
coverage, the Contractor shall provide proof,
acceptable to the County, of self-funded
Independent Contractor
The Contractor is not, and shall never be, considered an
employee of the County for any purpose. Notwithstanding
anything herein, the Contra~ shall not be construed as
creating a principal-agent relationship between thc County
and the Contractor or the Contractor and the County, as the
case may be.
Severability
It is expressly agreed that if any term or provision of the
Contract, or the application thereof to any person or
circumstance, shall be held invalid or unenforceable to any
extent, the remainder of the Contract, or the application of
such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and every other term and
provision of the Contract shall be valid and shall be
enforced to the fullest extent permitted by law.
Merger; No Oral Changes
It is expressly agreed that the Contract represents the entire
agreement of the parties and that all previous
understandings are herein merged in the Contract. No
modification of the Contract shall be valid unless 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-off. These rights shall include,
but not be limited to, the County's option to withhold from
a Fund Source an amount no greater than any moneys due
and owing to the County for any reason. The County shall
exemise its set-off rights subject to approval by the County
Attorney. In cases ofset-offpursuant to a Comptroller's
audit, the County shall only exercise such right al~er the
finalization thereof, and only at, er consultation with the
County Attorney.
10.
11.
Non-Discrimination in Services
a. The Contractor shall not, on the grounds of race,
creed, color, national origin, sex, age, disability,
sexual orientation, military status, or marital
status:
i.)
ii.)
iii.)
iv.)
v.)
deny any individual the Services
provided pursuant to the Contract; or
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
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
restrict an individual in any way from
any advantage or privilege enjoyed by
others receiving the Services provided
pursuant to the Contract; or
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 methods of
administration which have the effect of subjecting individuals to
discrimination because ofthelr 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:
i.} the Services to be
provided, or
ii.) the clans 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.
Constitutional Prohibition:
In accordance with First Amendment Church and State
Principles, the Contractor shall comply with 24 CFR
570.2000) of the federal regalations regarding the use of
NSP and Community Development funds by religious
organizations and CPD Notice 04-10.
Governing Law
Page 11 of 31
12.
13.
14.
15.
16.
The Contract shall be governed by and constmefl in
accordance with the laws of the State of New York, without
regard to conflict of laws. Venue shall be designated in the
Supreme Court, Suffolk County, the United States District
Court for the Eastem District of New York, or, if
appropriate, a court of inferior jurisdiction in Suffolk
County.
No Waiver
It shall not be construed that any failure or forbearance of
the County to enfome any provision of the Contract in any
particular instance or instances is a waiver of that
provision. Such pmvision shall otherwise 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 eanflict may
potentially exist shall ultimately be made by tho 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 all cooperation
that may be required to defend the other party, its
employees and designated representatives against any
claim, demand or action that may be brought against the
other party, its employees or designated representatives
arising out of or in connection with the Contract.
Confidentiality
Any document of the County, or any document created by
the Contractor and used in mn&ring 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
The Contractor shall not delegate its duties under
the Contract, or assign, transfer, convey, sublet,
or otherwise dispose of the Contract, or any of its
right, title or interest therein, or its power to
execute the Contract, or assign all or ~ny portion
of the monies that may be due or become due
hereunder, {collectively referred to in this
paragraph 16 as "Assignment"), to any other
person, entity or thing without the prior written
consent of the County, and any attempt to do any
of the foregoing without such consent shall be
void ab initio.
17.
18.
19.
20.
Such Assignment shall be subject to all of the
provisions of the Contract and to any other
condition the County requires. No approval of
any Assignment shall be construed as enlarging
any obligation of the County under the terms and
provisions of the Contract. No Assignment of the
Contract or assumption by any person of any duty
of the Contractor under the Contract shall provide
for, or otherwise be construed as, releasing the
Contractor 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 beneficia.,y of the Contract and no third party shall have
the right to make any claim or assert any right under the
Contract.
Certification as to Relationships
The Contractor certifies under penalties of perjury that,
other than through the funds provided in the Contract and
other valid agreements with the County, there is no known
spouse, life partner, business, commercial, economic, or
financial relationship with the County or its elected
officials. The Contractor also certifies that there is no
relationship within the third degree of consangninity,
between the Contractor, any of its partners, members,
directors, or shareholders owning five (5%) percent or
more of the Contractor, and the County.
Publications and Publicity
The Contractor shall not issue or publish any
book, article, report, or other publication related
to the Services without first obtaining written
prior approval from the County. After approval
in writing is obtained, all such printed matter or
other publication shall contain the following
statement in clear and legible print:
"This publication is fully or partially funded by
the Suffolk County Executive's Office."
The Contractor shall not issue press releases or
any other information to the media, in any form,
concerning the Services, without obtaining prior
written approval from the County.
Copyrights and Patents
Copyrights
If the work of the Contractor should result in the
production of original books, manuals, films, or
other materials for which a copyright may be
Page 12 of 31
21.
22.
granted, the Contractor may secure copyright
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, reproduce, publish, translate, or
otherwise use any such materials.
Patents
If the Contractor makes any discovery or
invention during the Term, or as a result of work
performed under the Contract, the Contractor
may apply for and secure for itsalfpatant
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 pmduee or otherwise use any item so
discovered or patented.
Arrears to County
Consultant warrants that, except as may other~vise 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 the event that the Contract is subject to the Lawful
Hiring of Employees Law of the County of Suffolk, Suffolk
County Code Chapter 234, as more fully set forth in the
Article entitled "Suffolk County Legislative
Requirements," the Contractor shall maintain the
documentation mandated to be kept by this law on the
construction site at all times. Employee sign-in sheets and
registefflog 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 III
Article IV
Suffolk County Legislative Requirements
1. Contractor's/Vendor's Public Disclosure Statement
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of section
A5-7 of Article V of the Suffolk County Code.
Unless certified by an officer of the Contractor as being
exempt from the requirements of section A5-7 of Article V
of the Suffolk County Code, the Contractor represents and
warrants that it has filed with the Comptroller the verified
public disclosure statement required by Suffolk County
Administrative Code Article V, Section A5-7 and shall file
an update of such statement with the Comptroller on or
before the 31st day of January in each year of the
Contract's duration. The Contractor acknowledges that
such filing is a material, contractual and statutory duty and
that the failure to file such statement shall constitute a
material breach of the Contract, for which the County shall
be entitled, upon a determination that such breach has
occurred, to damages, in addition to all other legal
remedies, of fiflean percent (15%) of the amount of the
Contract.
Required Form:
Suffolk County Form SCEX 22; entitled
"Contractor's/Vendor's Public Disclosure Statement"
Use of County Resources to Interfere with
Collective Bargaining Activities
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Chaptar
466 of the Suffolk County Code.
County Contractors (as defined by section 466-2) shall
comply with all requirements of Chapter 466 of tho Suffolk
County Code, including the following prohibitions:
a. The Contractor shall not use County funds to
assist, promote, or deter union organizing.
b. No County funds shall be used to reimburse the
Contractor for any costs incurred to assist,
promote, or deter union organizing.
c. The Contractor shall not use County funds to
assist, promote, or deter union organizing.
d. No employer shall use County property to hold a
meeting with employees or supervisors if the
purpose of such meeting is to assist, promote, or
deter union organizing.
If the Services are performed on County property, the
Contractor must adopt a reasonable access agreement, a
neutrality agreement, fair communication agreement, non-
intimidation agreement, and a majority authorization card
agreement.
Page 13 of 31
If the Services are for the provision of human services and
are not to be performed on County property, the Contractor
must adopt, at the least, a neutrality agreement.
Under the provisions of Chaptar 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.
Reqaired Form:
Suffolk County Labor Law Form DOL-LO1; 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 of the 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 pmvidas that all covered
employers, (as defined), and the owners thereof, as the case
may be, that are recipients of compeasation from the
County through any grant, loan, subsidy, funding,
appmpriation, payment, tax incentive, contract,
subcontract, license agreement, lease or other financial
compensation agreement issued by the County or an
awarding agency, where such compensation is one hundred
percent 000%) funded by the County, shall submit a
completed sworn affidavit (under penalty of perjury), the
form of which is attached, certifying that they have
complied, in good faith, with the requirements of Title 8 of
the United States Code Section 1324a with respect to the
hiring of covered employees (as defined) and with respect
to the alien and nationality status of the owners thereof,
The affidavit shall be executed by an authorized
representative of the covered employer or owner, as the
case may be; shall be part of any executed contract,
subcontract, license agreement, lease or other financial
compensation agreement with the County; and shall be
made available to the public upon request.
All contractors and subcontractors (as defined) of covered
employers, and the owners thereof, as the case may be, that
are assigned to perform work in connection with a County
contract, subcontract, license agreement, lease or other
financial compensation agreement issued by the County or
awarding agency, where such compensation is one hundred
percent (100%) funded by the County, shall submit to the
covered employer a completed sworn affidavit (under
penalty of perjury), the form of which is attached,
certifying that they have complied, in good faith, with the
requirements of Title 8 of the United States Code Section
1324a with respect to the hiring of covered employees and
with respect to the alien and nationality status of the owners
thereof, as the case may be. The affidavit shall be executed
by an authorized representative of the contractor,
subcontractor, or owner, as the case may be; shall be part of
any executed contract, subcontract, license 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
whenever a new contractor or subcontractor is hired under
the terms of the contract.
The Contractor acknowledges that such filings are a
material, contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach
of the Contract.
Under the provisions of the Lawful Hiring of Employees
Law, the County shall have the authority to terminate the
Contract for violations of this Law and to seek other
remedies available under the law.
The documentation mandated to be kept by this law shall at
all 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/log 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-
Notice Of Application To Certify Compliance With Federal
Law (8 U.S.C. SECTION 1324a) With Respect To Lawful
Hiring of Employees."
"Affidavit Of Compliance With The Requirements Of 8
U.S.C. Section 1324a With Respect To Lawful Hiring Of
Employees" Form LHE-2.
Gratuities
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Chapter
386 oftbe 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 party,
with thc purpose or intent of securing an agreement or
securing favorable treatment with respect to the awarding
or amending of an agreement or the making of any
determinations with respect to the performance of an
agreement.
Prohibition Against Contracting with Corporations
that Reincerporate Overseas
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of sections
A4-13 and A4-14 of Article IV &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 be awarded
by the County to a business previously incorporated within
the U.S.A. that has mincorporated outside the U.S.A.
Page 14 of 31
Child Sexual Abuse Reporting Policy
It shall be the duty of the Contractor to read, become
familiar with, and comply with thc requirements of Article
IV of Chapter 577 of the Suffolk County Code.
The Contractor shall comply with Article IV of Chapter
577, of the Suffolk County Code, entitled "Child Sexual
Abuse Reporting Policy," as now in effect or amended
hereafter or of any other Suffolk County Local Law that
may become applicable during the term of the Contract
with regard to child sexual abuse reporting policy.
Non Responsible Bidder
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
II of Chapter 143 of the Suffolk County Code.
Upon signing the Contract, the Contractor certifies that it
has not been convicted of a criminal offense within the last
ten (10) years. The term "conviction" shall mean a finding
of guilty after a trial or a plea of guilty to an offense
covered under the provision of section 143-5 of the Suffolk
County Code under "Nonresponsible Bidder."
Use of Funds in Prosecution of Civil Actions
Prohibited
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of section
590-3 of Article Ill of Chapter 590 oftbe Suffolk County
Code.
The Contractor shall not use any oftbe moneys, in part or
in whole, and either directly or indirectly, received under
the Contract in connection with the prosecution of any civil
action against the County in any jurisdiction or any judicial
or administrative forum.
Work Experience Participation
If thc Contractor is a nonprofit or governmental agency or
institution, each of thc Contractor's locations in the County
at which the Services are provided shall be a work site for
public-assistanea clients of Suffolk County pursuant to
Chapter 211 of the Suffolk County Code at all times during
the Term of thc 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 &the Contract, the Contractor, if it
is a nonprofit or governmental agency or institution, shall
enter into such MOU as soon as possible afl. er thc 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 thc Contract or
exercise such other remedies as may be appropriate in the
circumstances.
I0.
Suffolk County Local Laws Website Address
Suffolk County Local Laws, Rules and Regulations can be
found on the Suffolk County website at
htlp://www.co.suffolk.nv.us.
End of Text for Article IV
Page 15 of 31
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 Fimt Class and Certified Mail, Return
Receipt Requested; or by Nationally Recognized
Overnight Courier; or Fax Transmittal; or Email:
County:
Suffolk County Community Development
H. Lee Dennison Building, P.O~ Box 6100
100 Veterans Memorial Highway
Hauppauge, NY 11788
Contact Name: Mary Wingate
Email: mary.wingate~auffolkcountyny.gov
Fax No. 631-853-5688
Contractor:
At the address set forth on page one of the Contract, to the
attention of the person who executed the Contract or such
other designee as the parties may agree in writing.
Email: Philip.beltz~town.sout h old.ny.us
Fax No. 631-765-9015
Notices Relating to Termination and/or Litigation
In the event the Contractor receives a notice of
claim or becomes a par~y (plaintiff, petitioner,
defendant, respondent, third par~y 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.
designated representative at the following addresses or at
such other addresses that may be specified in writing by the
par~ies and must be delivered as follows:
By Personal Delivery and First Class
Mail; First Class and Certified Mail, Return
Receipt Requested; or by Nationally Recognized
Overnight Courier:
County:
Suffolk County Community Development
H. Lee Dennison Building, P.O. Box 6100
100 Veterans Memorial Highway
Hauppauge, NY 11788
Contact Name: MaryWingate
Email: mary.wingate~auffolkcountyny.gov
Fax No. 631-853-5688
and to
Christine Malafi, County Attorney,
Suffolk County Department of Law,
H. Lee Dennison Building,
100 Veterans Memorial Highway, Sixth Floor,
Hauppauge, New York 11788
At the address set forth on page one of the
Contract, attention to the person who executed
the Contract or such other designee as the
parties may agree in writing.
Notices shall be deemed to have been duly delivered (i) if
mailed, upon the seventh business day after the mailing
thereof; or (ii) if by nationally recognized overnight
courier service, upon the first business day subsequent to
the transmittal thereof; or (iii) if persenally, pursuant to
New York Civil Practice Law and Rules Section 311; or
(iv) if by fax or email, upon thc transmittal thereof.
"Business Day" means any day except a Saturday, a
Sunday, or any day in which commercial banks are
required or authorized to close in Suffolk County, New
York.
Each party shall give prompt written notice to the other
party of the appointment of successor(s) to the designated
contact person(s) or his or her designated successor(s).
Any communication or notice regarding
termination shall be in writing and shall be given
to the County or the Contractor or their
End of Text for Article V
Page 16 of 31
to
Article VI
General Fiscal Terms and Conditions
General Payment Terms
Presentation of Suffolk County Payment
Voucher
In order for payment to be made by the County to
the Contractor for the Services, the Contractor
shall prepare and present a Suffolk County
Payment Voucher, which shall be documented by
sufficient, competent and evidential matter.
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 a~er the
expenditures were made, and in no event after the
31*~ day of January following the end of each
year of the Contract, the Contractor shall furnish
the County with detailed documentation in
support of the payment for the Services or
expenditures under the Contract e.g. dates of the
Service, worksite locations, activities, hours
worked, pay rates and program budget categories.
Thc Suffolk County Payment Voucher shall
include time records, certified by the Contractor
as hue and accurate, of all personnel for whom
expenditures are claimed during the period. Time
and attendance records ora project director, if
any, shall be certified by the Chairperson,
President or other designated member of the
Board of Directors of 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 the Contract and submitted
for reimbursement must be documented and must
comply with accounting procedures as set forth
by the Suffolk County Department of Audit and
Control. Documentation, including any other
form(s) required by County or the Suffolk
County Department of Audit and Control, shall
be furnished to the County pursuant to, and as
limited by, the Regulations for Accounting
Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
addition to any other remedies that the County
may have, failure to supply the required
documentation will disqualify the Contractor
from any further County contracts.
c. Payment by County
Page 17 of 31
Payment by the County shall be made within
thirty (30) days after approval of the Suffolk
County Payment Voucher by the Comptroller.
Budget Modifications
Payments to the Contractor are limited to funds
deposited with the County pursuant to the
Federal grant. Said payment to the Contractor
shall be for approved project expenditures, not to
exceed the budget as listed in Article I plus
assigned program income.
If requested by the Contractor, the County may
increase or decrease the costs of any NSP
Project(s), subject to applicable HUD regulations
and approval by the County, with the
understanding that the total allocated to the
Contractor as specified in Article I hereof, shall
remain unchanged unless such change is
approved by the County, and provided that the
funding committed does not exceed the amount
of grant award plus assigned program income.
e. Taxes
The charges payable to the Contractor under the
Contract are exclusive of federal, state, and local
taxes, the County being a municipality exempt
from payment of such taxes.
Final Voucher
The acceptance by the Contractor of payment of
all billings made on the final approved Suffolk
County Payment Voucher shall operate as and
shall be a release of the County from all claims
by the Contractor.
Subject to Appropriation of Funds
ao
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 thc 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 the
Contractor; and
iii.)
Determine what amounts, if any, are
reimbursable to the County by the
Contractor and the terms and
conditions under which such
reimbursement shall be paid.
The County may, during the Term, impose a
Budget Deficiency Plan. In the event that a
Budget Deficiency Plan is imposed, the County
shall promptly notify the Contractor in writing of
the terms and conditions thereof, which shall be
deemed incorporated in and made a part of the
Contract, and the Contractor shall implement
those terms and conditions in no less than
fourteen (14) days.
The Contractor shall not be reimbursed for any
project or part thereof, other than administrative
activities, which occurred prior to HUD's
"Notice of Removal of Grant Conditions and
ReleaseofFuads." (See Axticle VIII). Activities
which require compliance with Federal
regulations 24 CFR Part 58 environmental
standards as a condition precedent to Release of
Funds are attached hereto as Article VIII and
made part hereof, this includes the filing for
Environmental Review as appropriate.
Compliance with Environmental regulations shall
also apply to all new or revised activities
developed subsequent to the execution of this
Agreement.
Personnel Salaries, Pension and Employee Benefit
Plans, Rules and Procedures
no
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.)
iii.)
personnel roles and procedures;
pension plan and any other employee
benefit plans or arrangements.
The Contractor shall not be entitled to
reimbursement for costs under any pension or
benefit plan the Comptroller deems commercially
unreasonable.
eo
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
The Contractor shall maintain accounts, books,
records, documents, other evidence, and
accounting procedures and practices which
sufficiently and properly reflect all direct and
indirect costs of any nature expended in the
performance of the Contract, in accordance with
generally accepted accounting principles and
with rules, regulations and financial directives, as
may be promulgated by the Suffolk County
Page 18 of 31
6o
Department of Audit and Control and the
Department. The Contractor shall permit
inspection and audit of such accounts, books,
records, documents and other evidence by the
Department and the Suffolk County Comptmller,
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 niter
expiration or termination of the Contract.
The Contractor shall retain all accounts, books,
records, and other documents relevant to the
Contract for seven (7) years aRcr final payment is
made by the County. Federal, State, and/or
County auditors and any persons duly authorized
by the County shall have full access and the right
to examine any of said materials during said
period. Such access is granted notwithstanding
any exemption from disclosure that may be
claimed for those records which are subject to
nondisctosurc agreements, h'ade secrets and
commercial information or financial information
that is privileged or confidential.
The Contractor shall utilize the ancmal 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 Chartan The
Contractor further agrees that the Comptroller
and the Department shall have access to and the
right to examine, audit, excerpt, copy or
transcribe any pertinent transactions or other
records relating to services under the Contract. If
such an audit discloses overpayments by the
County to the Contractor, within thirty (30) days
after the issuance of an official audit report by the
Comptroller or his duly designated
representatives, the Contractor shall repay the
amount of such overpayment by check to the
order of the Suffolk County Treasurer or shall
submit a proposed plan of rcpayment 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.
Finencial Statement~ and Audit Requirements
Notwithstanding any other reporting or
certification requirements of Federal, State, or
local authorities, the Contractor shall obtain the
services of an independent licensed public
accountant or certified public accountant (the
"Auditor") to audit its financial statements for
each Contractor's "fiscal year" 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 the overall
financial condition and operations of the
Connactor, including a balance sheet and
statement of income and expenses, attested by the
Auditor as fairly and accurately reflecting the
accounting records of the Contractor in
accordance with generally accepted accounting
principles. The Contractor 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 Auditor should be required to meet the
following minimum requirements:
i.) a current license issued by
the New York State
Education Department;
ii.) sufficient auditing experience
in the nonprofit,
governmental or profit-
making areas, as applicable;
and
iii.) a satisfactory peer review
issued within not more than
three (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 ofsubsidiasy 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 be conducted, and the
audit report ("Single Audit Report") must be, in
accordance with OMB Cireutas No. A- 133
(revised June 27, 2003). Single Audit Reports
must also be submitted to the designated
Page 19 of 31
clearinghouse, cognizant agency and/or pass-
through entity, to the extent required by the OMB
Cimular 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, B. Lee Dennison Building,
100 Veterans Memorial Highway, P. O. Box
6100, Hanppauge, New York 11788-0099, as
soon as possible after the end of the Contractor's
fiscal year. The statement must include all
Federal funding received directly from the
Fedaral.govemment and all Federal funds passed
through from the County and other pass-through
entities.
Copies of all financial statements, Management
Letters, Single Audit Reports and other audit
reports must be transmitted to 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 afler completion
of the audit, but in no event later than nine (9)
months after the end of the Contractor's fiscal
year, to which the audit relates.
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 Contractor agrees that it will comply with the
applicable provisions of Federal Office
Management and Budget Circulars A-87, A-110,
A-128 and 27 CFR Part 85.
The provisions of this paragraph shall survive the
expiration or termination of the Contract.
Lease or Rental Agreements
If lease payments or rental costs are included in the Budget
as an item of expunse reimbursable by the County, the
Contractor shall promptly submit to the County, upon
request, any lease or rental agreement. If during the Term,
the Contractor shall enter into a lease or rental agreement,
or shall renew a lease or rental agreement, the Contractor
shall, prior to the execution thereof, submit such lease or
rental agreement, to the County for approval.
Statement of Other Contracts
Prior to the execution of the Contract, the Contractor shall
submit a Statement of Other Contracts to the County, which
shall be attached as an exhibit to the Contract. If the
Contract is amended during the Term, or if the County
exemises its option right, the Contractor shall attach a then
current Statement of Other Contracts.
Miscellaneous Fiscal Terms and Conditions
a. Limit of County's Obligations
The maximum amount to be paid by the County
is set forth on the first page of the Contract.
b. Duplicate Payment from Other Sources
Payment by the County for the Services shall not
duplicate payment received by the Contractor
from any other source.
c. Funding Identification
The Contractor shall pmmpfly 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 the foregoing provisions of the
Contract, it is the intent of the County that the
terms and conditions of the Contract shall not
limit the Contractor from applying for and
accepting outside 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.)
ii.)
iii.)
iv.)
The County is not the Fund Source for
the additional services;
Sufficient funding is available for or
can be generated by the Contractor to
cover the cost incurred by the
Contractor to provide these additional
services; and
If sufficient 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.
Prior to scheduling any such additional
services on County-owned property,
the Contractor shall obtain written
County approval. The Contractor shall,
to the County's satisfaction, submit any
documentation requested by the
Department reflecting the change, and
identify the additional services to be
provided and the source of funding that
shall be utilized to cover the
expenditures incurred by the Contractor
in undertaking the additional services.
Page 20 of 31
Potential Revenue
The Contractor shall actively seek and take
reasonable steps to secure all potential funding
from grants and contracts with other agencies for
programs funded by the County.
Payments Contingent upon State/Federal
Funding
Payments under the Contract may be subject to
and contingent upon continued funding by State
and/or Federal agencies. In such event, no
payment shall be made until the Contraetur
submits documentation in the manner and form
as shall be required by State and/or Federal
agency. If late submission ofclalmsprecludes
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 govemment agency is
funding the Contract and falls to approve aid in
reimbursement to the County for payments made
hereunder by the County to the Contractor for
expenditures made during the Term because of
any act, omission or negligence on the part of the
Contractor, then the County may deduct and
withhold from any payment due to the Contractor
an amount equal to the reimbumement 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
al~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 represents and agrees that the
Budget, as listed in Article I, attached hereto and
made a part hereof plus program income assigned
to the Contractor by the County, includes all
costs of materials, appliances, tools and labor
needed by the Contractor to undertake the HOME
Project(s).
Payment of Claims
Upon receipt of a 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 (1/6) 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 of the
Contract shall be reduced to the net amount of
approved, actual Contractor expenditures made
for such purposes, and amounts received and that
the total amount to be paid by the County shall
not exceed the lesser of(i) approved actual net
expenditures or (ii) the total cost of the Contract
on the cover page and in the Budget. Upon
termination or expiration of the Contract, if the
Contractor's total amount of ailowable 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 the final Suffolk County Payment
Voucher.
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.
End of Article VI
Page 21 of 31
Article VII
Federal Requirements
1. Grant Administration:
a) Authorization: Notwithstanding any other provision of this Agreement, the Contractor must submit evidence, and
the County must certify, prior to any commitment of funds under this Agreement, that all grant responsibilities have been met and are
in accordance with applicable regulations. Upon such certification, the County will give notice authorizing the Contractor to begin
CD Project(s).
b) Supervision: It is agreed that the nature and extent of the CD Project(s) undertaken pursuant to this Agreement
shall be subject to the general supervision of the County. The County as applicant is primarily responsible for the program. The
Contractor agrees to comply fully with rules, regulations, criteria, guidelines and expenditure controls heretofore adopted or to be
adopted by the County and Federal Governments pursuant to law.
2. County-Contractor Relationship:
The relationship of the Contractor to the County shall be governed as expressly provided for in the Suffolk County
Cooperation Agreement and this Agreement.
3. National Objectives:
Contractor certifies that the CD projects carried out under this Agreement meet the National Objectives as defined in 24 CFR
570.208.
4. Performance:
The Contractor agrees to begin work on its CD Project(s) within a reasonable time afl, er the effective date of this contract and
meet timely expenditure requirements. The Contractor will be considered to meet timely requirements if by January 15t~ of each year
its total balance of unexpended funds fi.om all program years does not exceed 1.5 times the Contractor's most recent annual
Community Development allocation.
If the Contractor has unexpended balances fi.om previous years' funding, which are fi.om four or more years prior to the
current program year, or
ffthe Contractor has a past history of not meeting timely expenditure requirements, or
If the Contractor, by January 15t~ has a total balance of unexpended funds fi.om all program years, which exceed 1.5 times the
Contractor's most recent annual Community Development allocation, the County may take the following actions either singularly or
in combination:
a)
b)
c)
d)
e)
0
g)
Require the Contractor to submit information to the County regarding the reasons for lack of
performance and actions being taken to remove the causes for delay.
Require the Contractor to demonstrate to the County that the Contractor has the capacity to carry out CD
Project(s) and meet Community Development timely expenditure requirements.
Require the Contractor to submit to the County progress schedules for completing CD Project(s) in compliance with
Community Development timely expenditure requirements.
Issue a letter of warning to the Contractor advising that more serious sanctions will be taken if the deficiency is not
corrected or is repeated.
Require the Contractor to suspend, discontinue or not incur costs for CD Project(s).
Condition or reduce the Contractor's allocation of Community Development funds in the succeeding year.
Reduce the Contractor's allocation of Community Development funds in the current year by 100 percent of the total
balance of unexpended funds, fi.om all program years, which exceed 1.5 times the Contractor's most recent annual
Community Development allocation.
Page 22 of 31
5. Citizen Participation:
The Contractor agrees to provide citizens with adequate information concerning the amount of funds available for proposed
Community Development projects, the range of eligible activities, and other important program requirements. The Contractor also
agrees to provide citizens with adequate opportunities to articulate needs, express preferences about proposed activities, assist in the
selection of priorities, and otherwise assist and participate in the development of the Housing and Community Development Program.
Pursuant to this requirement, each Contractor shall hold at least one public hearing during the annual application preparation period,
prior to the submission to HUD. The County shall also hold at least one pre-submission public hearing.
6. Flood Disaster Protection:
This Agreement is subject to Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) which provides
that no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes (as defined under
Section 3(a) of said Act (42 U.S.C. 400(a)), one year after a community has been formally notified of its identification as a community
containing an area of special flood hazard, for use in any area that has been identified by the Director of the Federal Emergency
Management Agency as an area having special flood hazards unless the community in which such area is situated is then participating
in the National Insurance Program. Notwithstanding the date of HUD approval of the recipient's submission of the grantee's annual
action plan, funds provided under this part shall not be expended for acquisition or construction purposes in an area that has been
identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards unless the community in which
the area is situated is participating in the National Flood Insurance Program in accordance with 44 CFR Parts 59-79, or less than a year
has passed since FEMA notification to the community regarding such hazards; and flood insurance is obtained in accordance with
Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001).
Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved with assistance provided
under this Agreement shall contain, if such land is located in an area identified by the Federal Government as having special flood
hazards and in which the sale of flood insurance has been made available under the Flood Insurance Act of 1968, as amended, 42 USC
4001, et. seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such
land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section
102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required, notwithstanding the fact that the construction
on such land is not itself funded with assistance provided under this Agreement.
7. Equal Employment Opportunity and Affirmative Action:
a) Equal Opportunity: In carrying out the Community Development Program, the Contractor shall ensure that no
person, on the grounds of ruce, color, creed, ancestry, disability or other handicap, age, marital/familial status, military status, national
origin, sexual orientation, religion or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity funded in whole or in part with Conununity Development Block Grant funds.
The Contractor shall take affirmative action to insure that appIicants for employment are employed, and that
employees are treated during employment, without regard to their race, color, creed, ancestry, disability or other handicap,
marital/familial status, military status, religion, sex, sexual orientation, age or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffor termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in
conspicuous places, available to employees and applicants to employment, notices to be provided by the Federal Government setting
forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, age, creed, ancestry, disability or other handicap,
marital/familial status, military status, or national origin.
The Contractor shall incorporate the foregoing requirements of this Subparagraph a in all of its contracts for
program work, except contracts governed by Subparagraph b of this Paragraph, and will require all o fits contractors for such work to
incorporate such requirements in all subcontracts for program work.
The Contractor shall have its own Affirmative Action Plan which meets Federal requirements on file with the
County Community Development Office and approved by HUD or be bound by a Consortium-wide Affirmative Action Plan
Page 23 of 31
developed by the County and applicable to local personnel funded with Community Development Block Grant funds. The County
Community Development Director shall be designated as the Consortium's Affirmative Action Officer.
Separate Community Development Agencies, will be required to develop and implement their own Affirmative
Action Plan, unless such a plan has already been developed and approved by HUD. The Agency's Plan must be submitted to the U.S.
Department of Housing and Urban Development for its review and approval. If the Plan is not acceptable to the County or HUD, the
Community Development Agency will be required to submit a revised Plan(s), until approved by HUD.
All employees of the Contractor paid with CDBG funds must meet all New York State Civil Service Requirements
for employment; however, this provision shall not apply to any Community Development Agency or its employees.
b) Contracts Subject to Executive Order 11246, as amended, shall be subject to HUD Equal Employment Opportunity
regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts.
The Contractor shall cause or require to be inserted in full in any non-exempt contract and subcontract for
construction work, or modification thereof, as defined in said regulations, which is paid for in whole or part with assistance provided
under this Contract, the following equal opportunity clause:
During the performance of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, age, creed, ancestry, disability or other handicap or marital/familial status or
national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the
employees are treated during employment, free f~om such discrimination. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this non-discrimination clause.
2. The Contractor will, in all solicitations for advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, age, creed, ancestry, disability or other handicap or marital/familial status or
national origin.
3. The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining Contract or other contract or understanding, a notice to be provided by the contract
Compliance Officer advising the said labor union or workers representatives of the ConU'actor's
commitment under this section and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the roles, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965; 24 CFR 570.603; and 24 CFR 570.607; and by the rules, regulations, and orders of the
Secretaries of Labor and Housing and Urban Development, or pursuant thereto, and will permit access to
his books, records and accounts by the Federal Government and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the Contractor's non-compliance with the non discrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or
suspended in whole or in part and the Contractor may be declared ineligible for further Government
contracts or Federally assisted construction contract procedures autborized in Executive Order 11246 or
September 24, 1965, or by role, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
Page 24 of 31
The Contractor will include the portion of the sentence immediately preceding Paragraph 1 through 7 in
every subcontract or purchase order unless exempted by roles, regulations, or orders of the Secretary of
Labor issues pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the Federal Government may direct as a means of enforcing
such provisions, including sanctions for non-compliance; providing, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a "result of such
direction of the Federal govemment, the Contractor may request the United States to enter into such
litigation to protect the interest of the United States."
The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own
employment practices when it participates in Federally-assisted construction work; provided, however, that if the Contractor so
participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under the contract.
The Contractor agrees that it will assist and cooperate actively with the Federal Government and the Secretary of Labor in
obtaining the compliance of contractor's and subcontractors with the equal opportunity clause and the rules, regulation, and relevant
orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such information as they may require
for the supervision of such compliance and that it will otherwise assist the Federal Government in the discharge of its primary
responsibility for securing compliance.
The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive
Order 11246 w. ith a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally-
assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the
equal opportunity clause by any Government Contractor in accordance with procedures established by the Secretary of Labor pursuant
to Part II, Subpart D, of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these
undertakings, the Federal Government may take any or all of the following actions: cancel, terminate, or suspend in whole or in part
the grant or loan guarantees; refi'ain from extending any further assistance to the Contractor under the program with respect to which
the failure or refusal occurred until the satisfactory assurance of future compliance has been received from such Contractor, and refer
the case to the Department of Justice for appropriate legal proceedings.
c) Section 3 of the Housing and Urban Development Act
The Contractor shall comply with Section 3 of the Housing and Urban Development Act of 1968 as same may be
amended from time to time. In planning and carrying out Community Development projects, the Contractor shall ensure, to the
greatest extent feasible, that opportunities for training and employment be given to lower income persons residing within the
boundaries of the County consortium and that contracts for work on Community Development projects be awarded to eligible business
concerns which are located in or owned in substantial part by persons residing within the boundaries of the Consortium.
The Contractor shall cause or require to be inserted in full, in all contracts and subcontracts for work financed in
whole or in part with assistance provided under this Agreement, the Section 3 clause set forth in 24 CFR 135.20(b). The Contractor
shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the
Section 3 clause.
d) Minority Business and Women's Business Enterprise
The Contractor must comply with Executive Orders 11625 and 12432 and at a maximum make good faith efforts to
encourage the use of minority and women's business enterprise in connection with Community Development funded activities.
The Contractor, to the maximum extent possible, shall ensure the inclusion of minorities and women, and entities
owned by minorities and women, including, without limitation, real estate firms, construction firms, appraisal rims, management
firms, financial institutions, investment banking fa'ms, underwriters, accountants, and providers of legal services, in all contracts
entered into with such persons or entities, public and private, in order to facilitate the activities of the Community Development
Program.
Page 25 of 31
8. Lead Based Paint Hazards:
The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the
requirements of 24 CFR Part 35, subparts A, B and R and subparts C through M when applicable. Any rehabilitation or acquisition of
residential structures by the Contractor with assistance provided under this Agreement shall be made subject to Lead-Based Paint
Poisoning Prevention, and the Contractor shall be responsible for notifications, certified hazard evaluations, certified hazard reduction,
certified safe construction work places, certified clearances and record keeping.
9. Fire Prevention and Control Act:
Housing assistance provided in the form of a grant, contract, loan guarantee, cooperative Agreement, interest subsidy, interest
or direct appropriation under this Contract is subject to the provisions of the Fire Administration Authorization Act of 1992 (Pub. L.
102-522). The Contractor shall be required to comply with applicable fire protection and safety standards.
10. Federal Labor Standards Provisions:
The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as
amended, the provisions of Contraat Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Fademl,
state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.
The Contractor agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of
the U.S. Department of Labor at 29 CFR Part 5. The Contractor shall maintain documentation that demonstrates compliance with
hour and wage requirements of this part. Such documentation shall be made available to the Department for review upon request.
The Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing less
than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work
financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the
Department pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29
CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if
wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve
the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in
full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.
11. Compliance With Air and Water Acts:
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857, et. seq.; the Federal Water
Pollution Control Act, as amended, 33 USC 1251, et. seq.; and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR 15, as may be amended from time to time.
In compliance with said regulations, the Contractor shall cause or require to be inserted in full in all contracts and
subcontracts with respect to any non-exempt transaction thereunder funded with assistance provided under this Agreement, the
following requirements:
a) A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any non-exempt
contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA)
pumuant to 40 CFR 15.20.
b) Agreements by the Contractor to comply with all their requirements of Section 114 of the Clean Air Act, as amended (42
USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (42 USC 1857c-8) and Section 308 of the
Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports, and
information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines
issued thereunder.
Page 26 of 31
c) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from
the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under
consideration to be listed on the EPA List of Violating Facilities.
d) Agreement by the Contractor that he will include or cause to be included the criteria and requirements in
subparagraphs a through d of this Paragraph in every non-exempt subcontract and requiring that the Contractor will take such
action as the Federal Government may direct as a means of enforcing such provisions.
In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has
given rise to a conviction under Section l 13(c)(1) of the Clean Air Act or Section 209(c) of the Federal Water Pollution Control
Act.
12. Relocation Assistance and Acquisition of Real Property:
The Contractor shall provide fair and reasonable relocation payments and assistance in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the government-wide UPA regulations at
49 CFR Part 24, to or for families, individuals, partnerships, corporation, or associations displaced as a result of any acquisition of real
property for an activity assisted under the program.
The Contractor shall inform potential displaced persons of the benefits, policies and procedures provided for under HUD
regulations.
The Contractor shall carry out the relocation process in such a manner as to provide such displaced persons with uniform and
consistent services, including any services required to insure that the relocation process does not result in different or separate
treatment to such displaced persons on account of their race, color, religion, national origin, age, sex, or source of income.
In acquiring real property, the Contractor should be guided by the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as amended and the government-wide UPA regulations at 49 CFR Part 24.
13. Consolidated Plan:
The Contractor, as party to the Community Development Program, and as a participant in the Suffolk County Consortium,
acknowledges that it is contractually and otherwise legally bound per prior resolution of its governing body to use its best efforts to
ensure the carrying out of the goals of the Consolidated Plan approved by HUD. The Contractor shall also be contractually and
legally bound to use its best efforts to ensure the carrying out of the Consolidated Plan which is currently in effect.
14. Displacement:
This Agreement is subject to the requirements of Section 104(d) of the ACT which requires the hnplementation of a policy to
minimize the displacement of persons from their homes and neighborhoods and to mitigate adverse effects of such displacement on
low and moderate income persons. In accordance, the Contractor shall follow the Suffolk County Community Development
Consortium Policy and Procedures on Displacement when implementing CD Projects.
15. Books and Records of Accounting:
The Contractor agrees that it shall keep and maintain separate books of account and records concerning all costs incurred in
the performance of this Agreement, and that it shall have available for audit and inspection by the County or by authorized
representatives of HUD, all the Contractor's facilities, books and other financial and statistical data, whether related to the CD
Project(s) or otherwise. The Contractor agrees to maintain or submit to the County, as individually required, the following data or
documents, or information to complete the following documents:
* Project Description Forms
· Environmental Survey
Page 27 of 31
· Demographic Survey
· Budget Modifications
· HUD/EEO-4 Employment Data Form
· Minority Business Enterprise Report
· Other data as may be required by HUD
16. Program Income:
The County shall assign program income generated by the Contractor for the purpose of carrying out eligible Community
Development activities. All provisions of this Agreement shall apply to the use of program income assigned to the Contractor by the
County. The Contractor shall inform the County of all income generated by the expenditure of Community Development funds
received by the Contractor and to substantially disburse assigned program income for eligible Community Development Activities
before additional cash withdrawals are made by the County from the U.S. Treasury for the same activity. The County will require at
the end of the program year, the remittance by the Contractor of all or part of any program income balances (including investments
thereof) held by the Contractor (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances
from a lump sum drawdown, or cash or investments held for Sectiun 108 security needs). If a Contractor withdraws from the Suffolk
County Consortium prior to the expiration of the Cooperation Agreement between the Contractor and the County, all program income
received and not expended in accordance with this Agreement shall be due and payable to the County.
17. Real Property:
Real property acquired or improved in whole or in part using Community Development funds that is within the control of the
Contractor shall require the following actions:
a) The timely notification of the County by the Contractor of any modification or change in the use of the real
property from that planned at the time of acquisition or improvement including disposition;
b) Reimbursement of the County in an amount equal to the current fair market value (less any portion thereof
attributable to expenditures of non-Community Development funds) of property acquired or improved with
Community Development funds that is sold or transferred for a use which does not qualify under the
Community Development regulations; and,
c) Return of program income to the County generated from the disposition or transfer of property prior to or
subsequent to the close-out, change of status or termination of the Cooperation Agreement between the
County and the Contractor.
18. Reversion of Assets: Any real property under the Contractor's control that was acquired or improved in whole or in part
with Community Development funds in excess of $25,000 shall be either:
a) Used to meet one of the national objectives in 24 CFR Part 570 until five (5) years after expiration of this
Agreement or termination of the Cooperation Agreement, or such longer period of time as determined
appropriate by the County; or
b) Disposed of in a manner which results in the County being reimbursed in the amount of the current fair
market value of the prope~ less any portion thereof attributable to expenditures of non-Community
Development funds for acquisition of, or improvement to, the properS.
19. Procurement of Equipment, Supplies and Materials:
The procurement of equipment, services, materials and supplies shall be undertaken in accordance with the requirements of
24 CFR 85, Administrative Requirements for Grants and Cooperative Agreements to Local Governments.
Page 28 of 3 !
The Contractor shall maintain an inventory of non-expendable personal property in accordance with 24 CFR 85 and title to
all the materials, appliances,and tools, purchased with funds provided under this Agreement, shall vest in the Contractor and ,~ha!! be
used, managed and disposed of in accordance with 24 CFR Part 85.
20. Use of Federal Funds for Lobbying:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative Contract, the Contractor shall complete and
submit Standard Form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
The Contractor shall require that the language of this certification be included in the award 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 same accordingly.
21. Political Activities:
The Contractor shall be governed by the provisions of the Hatch Act (5 USC 1501, et. seq.) regarding employees' political
participation.
22. Funding Identification:
The Contractor shall keep the County apprised of any grants or sources of funding received for the Program as and may
retain any such funding that results in enhancement of services and does not duplicate funding for the program covered by this
Agreement. If the program covered by this is funded in whole or in part by other governmental agencies, it is agreed that the funding
by the County under this Agreement shall be reduced or refunded to the County to the extent that such other funding duplicates
funding for the program covered by this Agreement.
23. Offset of Arrears or Default:
The Contractor warrants that it is not, and shall not be during the term of this Agreement, in arrears to the County for taxes or
upon debt or contract and is not, and shall not be during the term of this Agreement, in default as surety, Contractor or otherwise on
any obligation to the County, and the Contractor agrees that the County may withhold the amount of any such arrearage or default
from amounts payable to the Contractor under this Agreement.
24. Effective Dates:
This Agreement shall commence on the date of grant approval by HUD, and shall terminate (1) with the completion of all the
aforementioned CD Project(s), and (2) with the completion and acceptance of an audit by HUD and the County.
25. Force Majeure:
Neither party shall be held responsible for any delay or failure in performance hereunder to the extent such delay or failure is
caused by fire, flood, explosion, war, strike, embargo, civil or military authority, act of God, act or omission of carriers, power failure
or similar causes beyond its control ("force majeure conditions"). If any force majeure condition occurs, the party delayed or unable
to perform shall give immediate notice to the other party.
Page 29 of 31
Article VIII
ENVIRONMENTAL REQUIREMENTS
CONDITIONAL APPROVALS ON USE OF FUNDS
TOWN OF SOUTHOLD
2010 (YEAR 3~)
1. Funds may be obligated or utilized for the payment of responsible administrative costs related to the planning and execution
of projects listed below and other related activities specified under 24 CFR 58.34 as exempt fi.om environmental review requirements,
including eligible planning, design and environmental activities. However, a determination must be documented in writing that each
activity or project is exempt and meets the conditions specified for such exemption tinder this section.
2. The obligation or utilization of funds for the activities shown below, except as provided under section (1), above, is
prohibited without the further express written authorization of HUD through a Release of Funds:
PROJECT NUMBER .PROJECT BUDGET
100102-03E-10 Southold Recreation Center $ 35,000.00
100301-14A-10 Home Improvement Program $ 62,500.00
104901-05L-10 Robert Perry Child Day Care Center $ 7,500.00
105701-05-10 Community Action Southold Town $ 5,000.00
105801-05-10 Maureen's Haven $ 7,000.00
109901-21A-10 Administration $ 13,000.00
Total Budget $ 130,000.00
Page 30 of 31
Exhibit t
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibits
Pub½ie~isclosure
Union Certification
Lawful Hiring
(Department to Indicate Exempt X
(Department to Indicate Exempt ____
Certification Regarding Lobbying
Comptroller's Rules and Regulations
or Non-Exempt )
or Non-Exempt X )
Page 31 of 31
Suffolk County, New York
Department of Labor
......... ~u~-oLK cOUNTy DEPARTMENT OF LAB°R ~ LABoR MEDIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION -SUBJECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the
eontractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I,
III, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, Ill and IV
below. Completed forms must be submitted to the awarding agency.
County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a
written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with
an~/of the above."
Section I J
~ The Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk
~1~ ~o~u,~?,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 ass st, promote,
Check if or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the Couaty for costs incorrad to assist,
Applicable promote, or deter union organizing. (Chapter 466-3 B)
I/we further agree to take all action necessary to ensure that County fuads are not used to assist, promote, or deter
union organizing. (Chapter 466-3 It)
I/we further agree that I/we will not use County 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 am 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 that such records
shall be made available to the pertinent County agency or authority, tho County Comptroller, or the County
Department of Law upon request. (Chapter 466-3 I)
I/we further affirm to the following as to the goods and/or services that are the subject of the contract with the
County of Suffolk:
· I/we will not express to employees any false or misleading infon-nation that is intended to influence the
determination of employee preferences regarding union representation;
· I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
· [/we will not require an employee, individually or in a group, to attend a meeting or an event that is intended to
influence his or her decision in selecting or not selecting a bargaining representative;
· I/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the
adoption of nonconfrontational procedures for the resolution ofprerecognltion labor disputes with employees
engaged in the production o f goods or the rendering of services for the County; and
· [/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure
the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said
procedures in such certification.
Section II
The Union Organizing Law does not apply to this contract for the follo~ving reason(s):
Check if
Applicable
DOL-LOI (3~5/08)
Suffolk County, New York
Department of Labor
Section III
Contractor Name:
Contractor Address:
Contractor Phone #:
Description of project or service: ~.0/'0 ~ot~ ct t~fe~
Section IV
In the event any part of the Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a cour~ of competent
jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ab initio.
Section V
I declare under~nalty of perjury under the Laws of the State of New York that thc undersigned is authorized to provide this
cerfificationg~f~hat the above ~s true and correct.
Authorized Signature - I Date
Print Name and Title of Authorized Representative
DOL-LO1 (3/5/08)
SUFFOLK COUNTY DEPARTMENT O? LABOR
NOTICE OF NON-APPLICABILITY FOR COMPLIANCE WITH FEDERAL LAW
(8 U.S.C. SECTION 1324A)
WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES
Suffolk Count~ Code, Chapter 234
To Be Completed By Awarding Agmcy
The Lawful Hiring of Employees Law does not apply to the covered employer, contractor or sub-
contractor, listed below. Please check the appropriate box to indicate the basis for non-applicabfl'ty.
Contractor Address:'~c~ [,~ t[4['- ¢.~. 6()~ /[~c]
1)
~ Recipients of compensation from the County, through any grant, loan,
subsidy, agreement, lease or other financial compensation agreement issued by
the County or awarding agency, where such compensation is NOT one hundred
percent (100%) funded by the County.
2) ~ This law shall not apply to the subcontractors of not-for-profit
corPorations.
Authorize6~County Signature
Print Name and Title of Authorized County Representative
Date
LHE-6
(0]/07)
Certification Regarding Lobbying for Contract, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence legislation or appropriation
actions pending before local, State and Federal executive and/or legislative bodies in connection
with the awarding of any contract, the making of any grant, the making of any loan the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any contract, grant, loan, or cooperative agreement.
If any funds other than State or Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence legislation or appropriation actions pending before
local, State and. Federal executive and/or legislative bodies in connection with this contract, grant,
loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL,
"Disclosure Form to Repod 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 subrec~pients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Failure to file the required certification shall be
subject to civil penalty by the Federal government of not less than $10,000 and not more than $100,000 for
each such failure.
Sign:Agreement Number:~
Name: ..~ d_~-~ /z~, ~. ~,~ ~ [ /
Title: ~ ~ ~0~
I
Date: ~- ~-~/0
Paae 1 of 1
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 .......................................................................................... 1
Definitions .................................................................................... 1
Allowable Claims ........................................................................... 1
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
FORM A & C 108 ............................................. 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. ~Seope - These instructions apply to all County departments and agencies utilizing
consultant services.
3. Definitions
a. Consultant - An individual or firm engaged to provide outside
professional services to Suffolk County departments and agencies.
b. Consu~ment - A written contract describing the specific
services to be rendered by the consultant and the amount and terms of
payment for the services to be made by the County. The consultant's
agreement shall constitute the sole authorization for payment of claims.
The consultant's agreement shall be prepared in accordance with the
County Executive's Operating 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 rate per day or per hour. Accordingly, a rate schedule is an integral part of
each consultant's agreement. Increases will be allowed only by amendment to the
agreement. Out-of-pocket expenditures are reimbursable if it is so stipulated in
the consultant's agreement.
2
5. Claim Submission - Consultants should submit their claims for reimbursement
through the County department or 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 iudicate 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, FORM 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 staffmember
assigned to the project on one form. The completed FORM A&C 108
must be signed by and authorized individual 0fthe consultant's firm. 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 Consultanfs 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 consaltant's contract only if the
purpose of the meal is valid, that is, authorized under the contract as
sustenance while traveling. Effective October l, 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. Aspublished in IRS Publication
1542 (rev. October 2009), the 2009 per diem meal and incidental rate is
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 of the consultant's fn-m 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 statenaent 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 fir lodging must be
accompanied by paid receipts. Audit and Control should be contacted for
the allowable rate for future fiscal periods.
c. Airfare - Airfare will only be reimbursed at the economy coach rate and a
receipt will be necessary. Individuals choosing to fly first class will not be
reimbursed for the premium expenses incurred.
d. 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 1, 2009 the rate is $.55 per mile and January 1, 2010 the
5
rate 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. Telephone Expenses - Telephone expenses up to $25.00 per month will be
reimbursed based on a receipt or certified statement. Telephone expenses
totaling over $25.00 will require copies of the telephone company bills
with the appropriate calls circled.
i. Photocopies - In lieu of a specific contract for photocopies, the County
will reimburse at a cost not to exceed $. 15 per copy, including labor. A
certified statement will be adequate documentation for reimbursement.
7. Sub-Contractor Claims - When the consultant is authorized in the Consultant's
Agreement to hire a sub-contractor, the Comptroller's Office should be supplied a
copy of the sub-contractor's agreement. Claims will not be processed if they are
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 !temized
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 with the terms of the contract with Suffolk County~
and have not be been previously paid.'~ !~ ~' .~
Signature o f Authorized Person
8
EXIIIBIT A
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04
06¸
AUTHOI~IZED S]~ATURE
E~x m~ ~iT C
COUNI~ OF $UIUFOLK
COU1V~ULTANT'S EXPENSE ~UlV~VIARY
DEPARTMenT OF AUDIT & CO~'TROL - IrORZ~! A&C 1~9
SUFFOLK COUNTY DEPARTMENT OF LABOR
NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW
(8 U.S.C. SECTION 1324A)
WITH RESPECT TO LA WFUL HIRING OF EMPLOYEES
VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES
Suffolk County Code, Chapter 234 (2006)
To Be Completed By the Lawful Hiring of Employees Unit ]
DATE: June 21, 2010
TO: Mary Wingate, Acting Community Development Director
FROM: J~da Rosenberg~ Director
TELEPHONE It: 631 853-3808
EMPLOYER: Town of Southold
VENDOR It: 11-6001939
REF. It: Block Grant
You are hereby notified that the submission from Town of Southold has been received by
the Lawful Hiring of Employees Unit of the Suffolk County Department of Labor. We find
that this submission is complete and is in compliance with the requirements set forth by the
Suffolk County Lawful Hiring of Employees Law (Local Law #52-2006),.
LHE-3
(01/07)