HomeMy WebLinkAboutYouth Services ProgramRESOLUTION 2011-377
ADOPTED
DOC ID: 6862
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-377 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 24, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement with Family Service League of Suffolk
County in connection with 2011 Southold Youth Services Program in the amount of $33,000
for the term January l, 2011 through December 31,2011, this program is funded in part by a
grant from Suffolk County Youth Bureau, all in accordance with the approval of the Town
Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 0]
MOVER: William Ruland, Councilman
SECONDER; Vincent Orlando, Councilman
AYES: Orlando, Talbot, Krupski Jr., Evans, Russell
ABSTAIN: William Ruland
CONTRACT FOR SERVICES
THIS AGREEMENT, entered into this 1st day of January 2011, between the Town of
Southold, with offices at 53095 Main Road, Southold, NY 11971, hereinafter called the
"Town" and the Family Service League of Suffolk County, with offices at 4208 Roanoke
Avenue, Riverhead, NY 11901, herein after called the "Consultant"
WITNESSETH
WHEREAS, the Town of Southold desires to engage the consultant to render certain
professional services hereinafter described in connection with an undertaking.
NOW, therefore, the parties hereto mutually agree as follows:
1. Employment of Consultant - The Town hereby agrees to engage the Consultant and the
Consultant hereby agrees to perform the services hereinafter set forth.
2. Scope of Work - The Consultant shall perform and carry out, on a satisfactory and
proper manner the services described in Exhibit A: attached hereto and made part of the
contract.
3. Personnel:
A. The Consultant represents that ali personnel engaged in the work shall be fully
qualified by reason of training and experience to perform such services set forth herein.
B. None of the work or services covered by this contract shall be subcontracted
without the prior written approval of the Town.
4. Time of Performance - The services of the Consultant are to commence upon execution
of this contract and shall end on December 31, 2011 or at the completion of the tasks
outline in Exhibit A.
5. Compensation - The Town agrees to pay the Consultant the total sum not to exceed
$33,000.
6. Method of payment - Payment shall b~ made in accordance with the billing schedule and
upon receipt by the Town of a properly completed voucher form supplied by the Town. It
is expressly understood and agreed that in no event will the total compensation and
reimbursement be paid hereunder exceed the maximum sum of $33,000. for all of the
services required.
7. Monthly Reports and Activity Reports - Monthly activity reports should be submitted
along with monthly vouchers for reimbursement of approved expenditures.
8. Additional Rights and Remedies - This contract shall be governed by, subject to, and
construed according to the laws of the State of New York.
IN .WITNESS WHEREOF, the parties hereto have executed this contract as of the date
· hcreinabove set forth.
Town of Southold
Scow A. Russell, Supervisor
Family Service League of Suffolk County
By
EXHIBIT A
The consultant shall provide individual and crisis intervention counseling plus
alcohol and substance abuse prevention/education services for the Southold
Town Youth Services Program.
The consultant will monitor the individuals' participation in the Community
Service Sentencing Program in the Southold Town Justice Court, and execute a
formal letter of completion to the ~ourt.
The consultant will provide group, family and individual consulting to those in the
Southold Town Youth Services Program.
The consultant will maintain a referral network with other youth service agencies.
The consultant will work with the Greenport, Southold and Mattituck-Cutchogue
School DIstficLs on programs that benefit youth.
The consultant will attend or provide program/lectures on youth related issues as
requested.
The consultant will aid the Southold Town Justice Court, Southold Town Police
Department, Suffolk County Probation Department and the Suffolk County Family
Court in the solution of youth related matters.
The consultant will work with the Southold Juvenile Aid Bureau on youth related
problems and solutions.
The consultant will provide any and all other serVices, upon mutual agreement,~
as needed by the Town of Southold's Youth Services Program.
RESOLUTION 2011-228
ADOPTED
DOC ID: 6711
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-228 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 15, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the 2011 Southold Town Youth Services Agreement
with the County of Suffolk and the Family Service League~ in the amount of $10,585, for the
term January 1,2011 through December 31,2011, all in accordance with the approval of the
Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AVES: Ruland, Talbot, Krupski Jr., Evans, Russell
ABSENT: Vincent Orlando
YO2 Model,Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
IFMS No. SCSEXE11000002839
CONTRACT
Thi~ Contract ("the Contract") is between the County of Suffolk ("the County"), a municipal corporation of the State of
New York, acting through its duly constituted Youth Bureau ("the Department"), located at the H. Lee Dennison Building
- 3~d Floor, 100 veterans Memorial Highway, Hauppauge, New York (Mailing Address: Box 5100, Hauppauge, New York
11788-0099); end
Town of Southold ("the Contractor"), a New York municipal corporation, having its principal place of business at 53095
Main Road, P.O. Box 1179, Southold, New York 11971 and Family Service League (Implementing Agency), a New
York not-for-profit corporation, having its principal place of business at 790 Park Avenue, Huntington, New York 11743.
The Contractor has been designated to receive funds from the County for various delinquency prevention programs (''the
Services") through the Contractor end its Implementing Agency as set fo~hh in Article I, entitled "Description of Services end
Budget"
Term of the Contract: January 1, 2011 through December 31, 2011.
Total Cost of the Contract: Shall not exceed $10,585 to be paid as set forth in Article I and V, attached.
Terms and Conditions: Shall be as set forth in Articles I through V, attached hereto end made a part hereof.
Percentage of Advance: O~
In Witness Whereof, the parties hereto have executed the Contract as of the al te/at/~aJgwri/lI~below.
Name _~'O.,~--~[(- tG. ~(Af3'~- (¢ Name: '"""'"" ''
Title ~ff'oc~e.~,~c o/'- ChiefDeputy C~nty/lfxl~X/utive
Fed. TaxlD#tt- (o OO (~.~ ~
Date ~ ~,~,.D-[ l Date:
Ser ,ceLe e
penalties of perjury that I am an officer of ~ )
familiar with §A5-7 of AlticleV i/the Suffolk County Code, ~-~ar~e ~ (Cg~
Federal Tax IDg t t - t
ption thereunder. Date ~
ADDITONAL SIGNATURES ON
FOLLOWING PAGE
~L [ ~Y ~k~:~[r~,L t~ hereby
~ifies under l~nalfies of perjury ~at I m ~ offic~ of
mt~tl ~[~ ~ ~t I have ~ md
I m ~11~ ~ ~-7 of ~ele V of~e Suffolk Coun~
}~ to qu~ify fo~ exemption
I
Si~amre
Page I of 28
0009483
YO2 Model. Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
Approved: A I ·
Department' ~ /
Louis ~. M_&.dififi MSW '/ '1
Executive Director ~_ I ~
IFMS No. SCSEXEI 1000002839
Approved as to Legality:
Christine Malafl, Connty Attorney
P'~'~cia lV~ I
DateASSistant~'~°untyAtt°mey~ I[~[ ti
Page 2 of 28
YO2 MOdel Contract Rev. 1~26-11; Law No. 11-YO.
Youth Bureau Implementing Agency
IFMs No. $CSEXE
List of Articles
Art/cie !
Description ................................................................ p
of Services and Budget .....................................................................................................................
Article/A ............................................................................................................................................................. ,
Department Specific Provisions ~i.....~. ..................................................................................................................
1. Certificate °f lncorporation; Bo
2. Contractor,s State ard Meetings
a. -' ............................................ .................................................
3. Current Procedures ..... · ...................................... 7
Pr/or Approval ............................................................................................................................. 7
Human Services Dwislon Technical Assistance and Train/ag .............................................................
Article II ........................................................ 7
Definitions ...................
I. Meanings of Terras ............. ' ............................................................................
· 2. Elements °flnterpretation .....................................................................
Article III ......................................................... ... !0
General Terms and Conditions ........ ' ..................................... ' ..........................................
1 Cont,~..+__ ,, . .................. . ..... .... · .......................................
o -~tu.r ~esponsibfl~t/es .... ' .....· ............................ . .................... I
" uut, es and Ob! ..... . ..............
b. Qualifications, Licenses, and Profi '
· iganons ............................................ j ....... . .. 11
c. Notifications ess~onal Standards . ' ......... ' .......................
de: Documentation of Professional S
' '' .................................................... 5..'JJTj ...............................
f. Cred. entialing ............... tandards ....................... . ............................ 1
Engmeer/ng Certificate ............................................ "'"'~ ..................................... I
2. Termination ............................ j.j..jj...... .................................... ~'.~...j..j.. . ..................................... ~'.~.{~-
a Thirty Days Termination .................. ~' ......................... ' ................................. 12
b. Event of Default; Termination on Notice .................................................................................. 12
¢. ' ................................................. "~. ............................................. 12
d. Te.~. ination Notice ....................................................... ' ...................................
3. /ndemrfifieation and Defense
Dutms upon Termination . ' ........................................................................................ 12
4. Insurance ..... . .................................................... .
................................................ ' ..........
5. Independent Contractor ............................. 13
6. ' ...................................... ' ............................... 12
Severability. ' .............................................. 13
7. Merger; No Oral Changes ......... .
9. N°n'Discn~mination in Servic
10. Nonsectar/an ,-,_ , . es ................
I I. Governing Law .................................................................................................................................... 14
12. No Waiver .................... . .
Page 3 of 28
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
IFMS No. SCSEXE
13. Conflicts of Interest .............................................................................................................................
14. Cooperation on Claims ...... 14
15. Confidentiality ........................................................................
16. Assignment and Subcontracting .......................................................................................................... 15
17. Changes to Contractor ......................................................
18. No Intended Third Party Beneficiaries .............................................................. ii... '.. 15
19- Certification as to Relationships ......................................................................................................... I~
20. Publications and Publicity ............................................................................. .. · · 16
21. Copyrights and Patents ...................................................................... . . . .
a. Copyrights .......................................... . · 16
b. Patents ................................................. . ...... 16
22. Arrears to County .................................................. .. . ·
23. ' ................................................................. 16
Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction
24. Notice .................................................................................................................................................. 16.
Article IV ............................................................................................................................................................ 18
Suffolk County Legislative Requirements ........................................................................................................ 18
1. Contractor's/Vendor's Public Disclosure Statement ........................................................................... 18
2. Living Wage Law ......................
· 18
3. Use of County Resources to .......................................................................................
Interfere with Collective Bargaining Activities .......... 18
4. Lawful Hiring of Employees Law ....................................................................................................... 18
5. Gratuities ..................................................................................... .. 19
6. Pr°hibiti°n Against Contracting with Corporations that Reincorpomte Overseas ....: ........................ 19
7. Child Sexual Abuse Reporting Policy .................................................................................................
8. Non Responsible Bidder ................................... .. . 19
9. Use of Funds in Prosecution of Civil Actions Prohibited ................................................ ~ .................. }09
I 0. Youth Sports ........................................................................................................................................ 20
11. Work Experience Participation ........................................................................................................... 20
12. Suffolk County Local Laws Website Address .................................................................................... 20
Article V
General Fiscal Terms and Conditions ............................................................................................................... 21
1. General Payment Terms
a. Presentation of Suffolk County Payment Voucher .......... . ........... 21
b. Voucher Documentation .... . ................................................... 21
c. Payment by County ............................ . .. 21
d. Budget Modification .................................................. . ...... 21
e. Budget and/or Services Revisions ............................................................................................. 21
f. Taxes ......................................................................................................................................... 22
g. Final Voucher ............................................................................................................................ 22
2. Subject to Appropriation of Funds ...................................................................................................... 22
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures .............................. 22
4. Accounting Procedures .................................... . ........................ 22
5. Audit of Financial Statements ................................................. . ...... 23
6. Financial Statements and Audit Requirements ................................................................................... 23
Page 4 of 28
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
IFMS No. SCSEXE
7. Furniture, Fixtures, Equipment, Materials, Supplies .......................................................................... 24
a. Purchases, Rentals or Leases Requiring Prior Approval ........................................................... 24
b. Purchase Practices/Proprietary Interest of County .................................................................... 24
c. County's Right to Take Title and Possession ............................................................................ 24
d. Inventory Records, Controls and Reports ................................................................................. 24
e. Protection of Property in Contractor's Custody ........................................................................ 25
f. Disposition of Property in Contractor's Custody ...................................................................... 25
8. Lease or Rental Agreements ................................................................................................................ 25
9. Statement of Other Contracts .............................................................................................................. 25
10. Miscellaneous Fiscal Terms and Conditions ....................................................................................... 25
a. Limit of County's Obligations .................................................................................................. 25
b. Duplicate Payment from Other Sources .................................................................................... 25
c. Funding Identification ............................................................................................................... 25
d. Outside Funding for Non-County Funded Activities ................................................................ 25
e. Potential Revenue ...................................................................................................................... 26
f. Payments Contingent upon State/Federal Funding ................................................................... 26
g. Denial of Aid ............................................................................................................................. 26
h. Budget ....................................................................................................................................... 26
i. Payment of Claims .................................................................................................................... 26
j. Payments Limited to Actual Net Expenditures ......................................................................... 26
k. Travel Costs .............................................................................................................................. 26
I. Attendance at Conferences ........................................................................................................ 26
m. Salaries ...................................................................................................................................... 26
n. Salary Increases ......................................................................................................................... 27
o. Contractor Vacancies ................................................................................................................ 27
p. No Limitation On Rights ........................................................................................................... 27
q. Comptroller's Rules and Regulations ....................................................................................... 27
Exhibits
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Public Disclosure ............................................................................................................................... 28
Living Wage ....................................................................................................................................... 28
Union Certification ........................................................................................................................... 28
Lawful Hiring .................................................................................................................................... 28
Certification Regarding Lobbying .................................................................................................. 28
Budget Modification Request .......................................................................................................... 28
Budget/Services Revisions Approval ............................................................................................... 28
Exhibit 8 Standard Operating Procedure A-07 Amendment 1 ..................................................................... 28
and Executive Order 4-04 ................................................................................................................................... 28
Exhibit 9 Comptroller's Rules and Regulations for Consultant's Agreements ........................................... 28
Page $ of 28
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO- IFMS No. SCSEXE
Youth Bureau Implementing Agency
Article I
Description of Services and Budget
Whereas, on November 16, 2010, the Suffolk County Legislature and the Suffolk County Executive adopted
the 2011 budget for the Youth Bureau (Department); and
Whereas, pursuant to the adopted budget, the Department desires to obtain, and the Contractor agrees to
provide, the services as set forth herein;
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto
agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Contractor references
All references in this Contract to Contractor shall be deemed to refer to the Contractor and to the
Implementing Agency, except as otherwise indicated; provided that all provisions relating to
Contractor's staff shall be deemed to apply only to the Implementing Agency.
Legislative Designated Funding Application; Description of Services; Budget
· (See 3-4 Pages Attached, As Applicnble)
End of Article I
6 of 28 pages
ARTICLE I
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
INDIVIDUAl. PROGRAM APPLICATION
Agency Summary
County of Suffolk
Suffolk
Imptamer~Age~.y: Town of Southold
Pm~mmT~:Southold Youth Services
53095 Main Road PO Box 1179}
Southold
FmlID~. 11-6001939
Ch~Reg.~ NA
Youth and Family counseling
for youth at risk.
s~ NY Z~C~m.- 11971
Perlod ~ A~al Program Opera.on
FROM1~1~201. 0 TO 12/31/2010
Houm~Op~mUon
~ROM. 8:00 AM TO ~
I-'lExecutiveDirector ("lSoardChairpemon
~-1OU1~ Supervisor
Scott A. Russell
Scott. Russell@Town. Southold. NY.US
(631)
EMNLNX)flES$
James McMahon
CONTACT PERSON
James. McMahon@Town. Southold. NY. US
Scott A. Russell
FISCdld. OFFICER
81(~NATURE
Town of Southold
Director
Supervisor
(631) 765-1283
TELEPHONE NUMBER
( 31) 7 5-9015
FAX IqlUM~ER
(631) 7 5-1889
TELEPHONE NUMBER
P~M ~8 Molt 8~nm~ ~ Maximum) AH~mbly NY8 8rotate Local City Council
~ Address (Street, C~, $lat~, ~p) Dim. No. Disk N~ Pl~n~ ~ Olstn%-t
)ffice Town Hall, PO Box 117~ 1 1
Southold, NY 11971
Check if: [] Joint Program [] purchase of Sendce
1. Spec/fy Program Code and Name of Other Parllcipating Municipalities: I : ~
2. a the attached Program Total Budget (Form 0CFS-3107) a combined budget for all parUcipat/ng municipalities? [] Yea [] No
The Southold Youth Services Program provides individual, group, family and crisis
intervention counseling plus alcohol and substance abuse prevention/education services
for the Town of Southold. The Southold Youth Services Program is open to all Suffolk
County youth and their families.
The Youth Service counselor also administers the Southold Town Community Service
Sentencing Program for youth sentenced in the Southold Town Justice Court. The
recidivism rate for those youth involved in the CSSP is less than 2%.
The Youth Service counselor maintains a referral network with other youth service
agencies, schools, the Southoid Juvenile Aid Bureau, Suffolk County Probation
Department and the Suffolk County Family Court, in the solution of youth related
matters.
O~F$-3107 (Rev. 03/2002} FRONT
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
PROGRAM BUDGET
APPENDIX B
co.~cT.UM~ I I
AGENCY/MUNICIPALITY: Town of Southold
I/ IO1~'1o IO 1461
I I I I I I
PROGRAMTITLE: Southold Youth Services
PERSONAL SERVICES:
TOTAL SALARIE!
TOTAL
TOTAL PERSONAL SERVICES (1)
CONTRACTED SERVICES AND STIPEND8
FUND'I'¥P~
FOR THIS PROGRN~
TOTAL CONTRACTED SERVICES (2~-)
TOTAL MAINTENANCE & OPERATION (3)
LIST EQUIPMENT TO BE PURCHASED OR RENTED.'
(UNIT COST OVER ~500 AND LIFE EXPECTANCY OF OVER TVVO YEARS)
P~OGR.~4 srrE ADDRESS
TOTAL FACILITY REPAIRS (4)
TOTAL OCFS PROGRAM AMOUNT i I I '~,, ~'~ ,~ ' $
-t- TOTAL O~F8 FUNDS REQUESTED
FUNDING SOURCES
$ REIMBURSABLE TOTAL
$ MUNICIPAL FUNDING
OTHER SOURCES
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO- IFMS No. SCSEXE
Youth Bureau Implementing Agency
Article LA
Depnrtment Specific Provisions
1. Certificate of Incorporation; Board Meetings
The Contractor shall furnish the Department with
certified copies of its Certificate of Incorporation
and by-laws, including any amendments thereto,
at thc time it signs this ConU'act, to the extent not
already on file with the Department, and any
amendments thereto during the term of this
Contract promptly upon their adoption, and a list
of the board members governing the Contractor
from time to time. The contractor shall not
dissolve any existing corporation or establish any
new corporation with the responsibility for the
operation of the program without the prior
written approval of the Department.
Minutes of the Contractor's annual board
meeting and one other board meeting, no longer
than six (6) months thereafter, should be
forwarded to the Department within two (2)
weeks after the conclusion of the meetings.
2. Contractor's SL~ff
a. Prior Approval
The Department shall have the right to prior
approval of the filling of any position now vacant
or hereafter becoming vacant and may, in the
exercise of that right, promulgate reasonable
regulations involving position control which
shall, when promulgated, be deemed to be
incorporated by refe~nce in and be made part of
this Contract.
b, Current Procedures
The Contractor, at its own expense, agrees to
furnish to the Department resumes of all
personnelto be hired for the Services referred to
in this Contract, prior to their being hired.
Resumes shall include, but not limited to:
i.)
Previous job title(s) of the individual
employee and the length of
employment under each title; and/or
ii.)
Previous experience and length of
previous experience with a task or tasks
similar or equal to the Services.
Contractor Letters
The Contractor agrees to furnish to the County
letter(s) regarding all personnel to be hired for
7 of 28 pages
ARTICLE IA
the Services. Thc letter(s) shall include, but not
be limited to:
i.)
The specific lasks to be performed by
the individual employees during the
course of the Services.
ii.)
Salaries and hours to be worked by the
individual employees during the course
of the Services.
County Approval
The County reserves the right to approve
principal services personnel proposed by the
Con.actor at the time of entering into this
Contract. Reasons for the County not approving
said personnel shall be for lack of qualification or
lack of demonstradon by the Contractor that said
proposed personnel will not hnve a deleterious
effect on the proper and efficient operation of the
Services.
Job Descriptions, Qualifications
The Contractor will nominat~ to the Department
a Service director chosen on the basis of the job
description below. The Deparlment shall review
such nominations and may confirm them. Other
staffposifions provided for in this Contract will
be filled in accordance with written job
descriptions as provided below. Employment of
any staffmember under the terms of this
Contract shall be subject to ongoing review for
competency and aptitude of the staffmcmber by
thc Department or its designees. Thc Dcpartmcnt
may recommend dismissal or suspension of any
staffmember under this Conuact.
Service Director
i.) Qualifications: Graduation from an
accredited college and/or university with a
Master's Degree in Social Work; or a Bachelor's
Degree (4-year college degree) plus 2 years
Experience in Human Services.
ii.) Duties: Responsible for overall
Service; hires and fires staff; chaim youth
advisory committee; administers and directs all
Contractor Services; is responsible to Board of
Directors of the Contractor and has immediate
charge of and responsibility for the Services;
renders direct services to clients as required;
selects, Ua/ns and supervises program aides,
nonprofessional staffand volunteers; has charge
of petty cash account; make purchases and
expends funds under the direction of the treasurer
oftbe corporation or such other officers as the
Board of the corporation may direct.
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO- IFMS No. SCSEXE
Youth Bureau Implementing Agency
Youth Worker
i.)
Qualifications: Bachelor's Degree
(4-year collcgn dcgmc from an
accredited college).
ii.)
Duties: Provides counseling, group
work services, end professional
supervision in loungn activities, is
responsible to the Service director.
Also shall keep written records end
reports of work accomplished; shall
demonstre~ ability to learn, ability to
relate successfully to clients end the
community, end capacity for
development in professional
use of self in relationships.
Service Aides
l.)
Qualifications: High School Diploma
and preferably some paid cxpericnce in
youth work.
ii)
Duties: Report to Service director;
shall carry out assignments as
paraprofessionals; shall keep written
records and reports of work
accomplished; shall demonstratc ability
to ]cam, ability to relate successfully to
clients and community, end capacity
for dcvclopmcnt in professional usc of
self in relationships
Human Services Division Technical Assistance and
Training
ao
Thc Contractor agrees to participate in thc
Human Services Division Technical Assistance
end Training Program. Such agreed participation
will include staff*training on thc Wpic of
HIV/AIDS and not more than three (3) days-per-
year attendancc at training on topics that may
include, but not bc limited to, contract finencial
reporting, the setting of service goals and
objectives, end service development.
Thc Contractor may participate, at its election, in
eny additional training made available by the
Human Services Division.
End of Text for Article IA
8 of 28 pages
ARTICLE lA
YO2 Model Contract Rev. 1-26-11; Law No. 1t-YO- IFMS No. SCSEXE
Youth Bureau Implementing Agency
Article H
Definitions
Meanings of Terms
As used herein:
do
thc Contractor's failure to comply with any
Federal, State or local law, mia, or regulation,
and County policies or directives; or
the Contractor's bankruptcy or insolvency; or
"Audit of Financial Slatements' means the examination by
the Comptroller and any Federal or State auditing authority of
the financiai statemants of thc Contractor resulting in thc
publication of an iodepcndcnt opinion on whctber or not those
£manciai statements arc relevant, aceumte, complete, and fairly
prcsonted.
"Budget" means the Contractor's summary or plan of all
intended revenue, whether received in thc form of fees, grants,
County funding, or any other source, and expenditures necessary to
render the Services.
"Budget Deficiency Plan" means an analysis of thc cost of the
Services, changes in fiscal conditions, and required modifications to
thc Contract to continue to render thc Servicos.
"Comptroller" means the Comptroller of the County of Suffolk.
"Contract" means all terms and conditions of this Contract, forming
all rights and obligations of thc Contractor and the County.
"Contractor" means the signatory corporation, its officer~ officials,
employees, agents, servants, sub-contractors, and any successor or
assign of any one or more of the foregoing performing the Services.
"County" means the County of Suffolk, its departments, and
agencies.
"County Aflorney" means the County Attorney of the County of
Suffolk.
"Department" means thc signatory department approving the
Contract.
"Engin~rlng Services" means the definition oftbe 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 Defaulf' means
thc Contractor's failure to cooperate in an Audit
of Financial Statements; or
the Contractor's faisifieation of records or
reports, misuse of funds, or malfeasance or
nonfcasance in financial record keeping arising
out of, or in connection with, any contract with
the County; or
the Contractor's failure to submit, or failure to
timely submit, documentation to obtain Federal
or State funds; or
the inability of thc County or the Contractor to
obtain Federai or State funds due to any act or
omission of the Contractor; or
any condition that thc County determines, in its
sole discretion, is dangerous.
"Federal" means the United States government, its departments, and
agencies.
"Fringe Benefits" means non-wage benefits which accompany, or
arc in addition to, a person's salary, such as paid insurance, sick
leave, profit-sharing plans, paid holidays, and vacations.
"Fund Source" means any direct or indirect sum payable to the
Contractor by thc County pursuant to any lawful obligation.
"Legislature" means the Legislature of thc County of Suffolk.
"Management Letter" means a letter certified as true by the
Contractor's certified public accountant or chieffinanciai officer of
findings and recommendations for improvements in internal fiscal
control that were identified during an Audit of Financial Statement~
but which were not required to be included in an audit report.
"Municipal Corporation" means a town, village, or school district.
thc Contractor's failure to perform any duty
required of it under paragraphs l(b)-(e) of
Article IH of the Contract; or
the Contractor's failure to maintain the amount
and types of insurance with an authorized insurer
as required by the Contract; or
thc Contractor's failure to maintain insurance
required by the Contract with an insurer that has
designated the New York Superintendent of
Insurance as its lawful agent for service of
"Services" means all that which the Contractor must do, and any part
thereof arising out of, or in connection with, thc Contract as
described in Article I "Description of Sendces."
"State" means thc State of New York.
"Statement of Other Contracts" means n complete list of ail other
contracts under which money has been or will be paid to thc
Contractor from thc County, Fedend, or State gnvummen~ or a
Municipal Cmporation, and (i) which are cortantly in effect or (ii)
which have expired within thc past twelve (12) months and have not
been renewed.
9 of 28 pages
ARTICLE II
YO2 Model Contract Rev. 1-26-11; Law No. 1 t-YO- IFMS No. SCSEXE
Youth Bureau Implementing Agency
"Suffolk County Payment Voucher" means the document
authorized and required by the Comptroller for release of payment.
"Term" means the time period set forth on page one of thc Contract
and, if exercised by thc County, the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms, associations,
partnerships (including limited partnerships), 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
10 of 28 pages
ARTICLE Il
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
Article III
General Terms nad Conditions
Contractor Responsibilities
n. Duties and Obligotions
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 with the
provisions of the Contract.
iv.)
Services provided under this Contract
shall be open to all residents of the
County.
Qualifications, Licenses, and Professional
Standards
i.)
The Contractor represents and warrants
that it has, and shall continuously
possess, during the Term, the required
licensing, education, knowledge,
experienea, and character necessary to
qualify it to render the Services.
ii.)
The Contractor shall continuously have
during the Term all required
authorizations, certificates,
certifications, registrations, licenses,
permits, and other approvals required
by Federal, State, County, or Iocel
authorities necessary to qualify it to
render the Services.
Notifications
i.)
The Contractor shall immediately
notify the County, in writing, of any
disciplinary proceedings, commenced
or pending, with any authority relating
to a license held by any person
necessary to qualify him, her, or the
Contractor to perform the Services.
ii.)
In the event that a person is no longer
licensed to perform the Services, the
Contractor must immediately notify the
County, but in no event shall such
notification be later than five (5) days
11 of 28 pages
ARTICLE III
IFMS No. SCSEXE
after a license holder has lost the
license required to qualify the license
holder or the Contractor to perform the
Services.
iii.)
In the event that the Contractor is not
able to perform thc Services due to a
loss of license, the Contractor shall not
be reimbursed for the Services rendered
a.~er the effective date of termination of
such license. Without limiting the
generality of the foregoing, if any part
of the Cont~aet 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 Professional Standards
The Contractor shall maintain on file, in one
location in Suffolk County, all records that
demonstrate that it has complied with sub-
paragraphs (b) and (e) 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. Seeh
documentation shall be kept, maintained, and
available for inspecfiun by the County upon
twenty-four (24) hours notice.
Credentialing
i.)
In the event that thc Department, or any
division thereof, maintains a
credentialing process to qualify the
Contractor to render the Services, the
Contractor shall complete the required
credentialing prooess. In thc event that
any State credential, registration,
ce~ifieation or license, Drug
Enforeemcnt Agency registration, or
Medicare or Mediceid cetlification is
restricted, suspended, or temporarily or
permanently revoked, it is the duty of
the Contractor to contact thc
Department, or division thereof, as the
ease may be, in writing, no later than
three (3) days after such restriction,
suspension, or revocation.
ii.)
The Contractor shall forward to the
Department, or division thereof, as the
ease may be, on or before July 1 of
each year during the Term, a complete
list of the names and addresses of all
persons providing the Services, as well
as their respective areas of certification,
credentialing, registration, and
licensing.
YO2 MOdel Contract Rev. 1-26-11; Law No. 11.YO.
Youth Bureau Implement/ng Agency
IFMS No. SCSEXE
Co
Engineering Certificate
In the event that thc 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
0 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 submiacd for approval.
Termination
no
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
Cun~ractor is given at least thir~ (30) days
notice.
Event of Default; Termination on Notice
i.) The County may immediateJy terminate
the Contract, for cause, upon such
terms and conditions it deems
appropriate, in the Event of Defuult.
ii.) If the Contractor defaults under any
other Provision of the Contract, the
County may terminate the Con~acL on
not less than five (5) days notice, upon
such terms and conditions it deems
appropriate.
Termination Notice
Rny notice providing for termination shall be
delivered as provided for in paragraph 24 of this
Artiele IlL
Duties upon Termination
ii.)
iii.)
The Contractor shall discontinue the
Services as directed in the tcrminatiun
not/ce.
Thc County shall pay the Contractor
for thc Services rendered through the
date of termination.
The County is released from any and ali
liability under thc ContracL effective as
of the date of the termination notice.
12 of 28 pages
iv.)
Upon termination, thc Contractor ~
reimburse the County the balance (
any fUnds advanced to the Contract
by thc County no later than thirty C
days aRer terminal~on of the Con~ra
The Provisions of this subparagraph
shall survive the expiration or
termination of the Contract.
v.) Nothing conta/ncd in this paragraph
shall be Cons~rund as a limitation on 1
County's
r,~s set forth in paragraph
of this Article IH.
Indemnification and Defense
a. The Contractor shall Protect, inderrmify, and ho/,
harm/ess the County, its agents, servants,
officials, and employees from and against ali
liabilities, fines, Penalties, actions, damages,
claims, demands, judgments, losses, suits or
actions, cos~, and expenses caused by the
negligence or any acts or omissions of the
Con,actor, including reimbursement of the cost
of reasonable attorocys' fees incurred by the
County, its agen~ servan~ officials, and
employees in any act/on or proceeding arising out
of, or in COnnection with, thc Con,-act.
The Contractor hereby represents and wan'anL~
that it will not infringe upon any cOpyright in
performing thc Services. The Contractor agrees
that it shall protect, indemnify, and hold harmless
thc County, its agents, servanL~ Offcials, and
cmpioyces from and against ali liabilities, fines,
.penalties, acfiuns, damages, claims, demands,
Judgn~nts, losses, suits or actions, costs, and
expenses arising out of any claim asserted for
infringement of copyright, including
reimbursement of the cost ofreasonnble
attoroeys, fees incurred by the County, its agents,
servants, officials, and empioyecs in any action or
proceeding arising out of or in connection with
any claim asserted for infringement ofcopyr/ght.
The Contractor shall defend the County, its
agents, servants, off]cia/s, and employees in any
Proceeding or action, including appeals, arising
out of, or in connection with, the Contl'act, and
any copyright inff/ngement proceeding or action
At the County's option, the County may defend'
any such proceeding or action and require the
Con~ractor to pay reasonable attorneys' fees of
salery costs of County employees of the
Department of Law for the defansc of any such
suit.
The Contractor shall continuously maintain,
during thc Term of the Contract. insurance in
ARTICLE
YO2 Model Contract Rev. 1-26.1 · .
Youth Bureau Implementing Aglel~c~aw No. 11 YO.
amounts and types as fo/lows:
L) .Commercial General L/ability
insurance, including contractual
liability cOverage, in an amOUnt not
less than 'Two M/ilion Dollars
($2,000,000.00) per occurrence for
bodily injury and Two Million Dollars
($2,000,000.00) per OCcurrence for
property damage. Thc County shall be
named an additional insured.
ii.) AUtomobile Liability insurance (if any
vehicles are used by the Contractor in
the Performance of the Contract} in an
amount not less than Five Hundred
Thousand Dollars ($$00,000.00) 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 L/ability insurance in
cOmpliance with all applicable New
York State laws and regulations and
Disability Benefits insurance, it'
required by law. The Contractor shall
furnish to the County, pr/or to its
execution of thc Contract, thc
documentation required by thc State of
New York Workers' Compensation
Board of coverage or exempt/on from
coverage Pursuant to .~§57 and 220 of
thc 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 $.
duting the Term for thc benefit ofsoch
employees as are required to be
covered by the Provisions of thc
Workers' Compensation Law.
ProfesSional L/ability insurance in an
amount not less than Two Million
Dollars ($2,000,000.00) on either a
Per'occurrence or c/aims-made
cOverage basis. ·
iii.)
iv.)
The County may mandate an inercese in thc
liability limits set Forth in thc immediately
Preceding paragraphs (4)(a)(O' (ii), and (iv).
~ll policies providing such COVerage shall be
~ssucd by insurance Companms anthorizcd to do
business in New York with an A.M.
orA- or better. Best rating
13 of 28 pages
IFMS No. SCSEXE
The Contractor shall furnish to the Coun~
to the execulJo- -,,.L ~ ty, ]
,, u~me ~-ontract, declaration
pages for each policy of insurance, Other thru
policy for cOmmercial genera~ liability insura
copy ofcanh such policy evidencing Complim
w~th the aforesaid insurance requirements.
~ °fcommercial eo,~, .. In
o~,,.,~, i amdty insurance
the Contractor shall furoish to the County, pr/~
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 se~d policy, and
demand, upon
a true and Certified otiginal copy ofsu
.policy evidencing COmpliance with the aforesa~
insurance requimmants.
All evidence Ofinanrance shall Provide for the
C.ounty to be notified in writing thirty (30) days
poor to any cancellation, nonreocwal,
change in the policy to which such e v id°ern~turin'
relates, lt shall bo thc doty of the Cuno.actor tO
notify the County immediately of any
cancellation, noarenewal, or mater/al change in
any insurance policy.
In the event the Contractor shall fall to provide
evidence of insurance, the County may provide
the insurance required in such manner as the
County deems appropr/ate and deduct the cost
thereof from a Fund Source.
If the Contractor is a Municipal Corporation and
has a self-insurance program under which
as a sail-insurer for any of such required it acts
coverage, the Contractor shall Provide proof,
acceptable to the County, of self-funded
COverage.
Independent Contractor
The Contractor is not, and shall never be, cOnsidered an
employee of the County for any purpose. Notwithstanding
anything contained in this Contract, the Con.ant shall not
be construed as creating a principal-agent relationship
between thc County and the COMrac/or or the ContraCtor
and thc County, as thc case may be.
Severability
h is expressly agreed that if any term or Provision of this
C. ontract, or the application thcreot to any person or
circumstance, shall be held invalid or Unenforceable to any
extent, the remainder of the Contract, or thc application of
such term or Provision to persons or circumstances Other
than those as to which it is held invalid or unenforeanble'
shall not be affected thereby, and every other term and
Provision of thc Ccolrect shall be valid and shall be
enforeed to the Fullest extent Permitted by law.
ARTICLE III
Ye2 Model Contract Rev. 1-26-11; Law No. 11 -Ye-
Youth Bureau Implementing Agency
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.
8. Set-Off Rights
Thc County shall have all of its common law, cquitoble,
and statutory rights of sat-off. These rights shall include,
but not bc limited to, thc County's option to withhold from
a Fund Source an amount no greater than any sum due and
owing to thc County for any reason. Thc County shall
exercise its set-offrights subject to approval by the County
Attorney. In cases of set-offpursuant to a Comptroller's
audit, the County shall only exercise such right aRer the
finalization thereof, and only after consultation with the
County Attorney.
9. Non-Discrimination in Serviea~
The Contractor shall not, on the grounds of race,
creed, color, national origin, sex, age, disability,
sexual orientation, military status, or marital
status
L) deny any individual the Services
provided pursuant to thc Contract; or
ii.) provide thc Services to an individual
that is different, or provided in a
different manner, from thosc provided
to others pursuant to thc Contract; or
iii.) subject an individual to segregation or
separatc treaUnant in any matter related
to thc individual's receipt of the
Services provided pursuant to thc
Contract; or
iv,) restrict an individual in any way from
any advantage or privilege enjoyed by
others receiving the Services provided
pursuant to the Contract; or
v.) treat an individual differently from
others in determining whether or not
the individual satisfies any eligibility or
other requirements or 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 of thair race, creed, color, national
origin, sex, age, disability, sexual orientation,
military status, or marital status, or have the
effect ofsabstantially impairing the Contract with
respect to individuals nfo particular race, creed,
10.
11.
12.
13.
IFMS No. SCSEXE
14.
t4 of 28 pages
color, national origin, sex, age, disability, sexual
orientation, military status, or marital status, in
determining:
i.) the Services to be provided; or
ii.) the class of individuals to whom, or the
situations in which, the Services will be
provided; or
iii.) the class of individuals to be afforded
an opportunity to receive the Services.
Nonsectarian Declaration
The Services performed under the Contract are secular in
nature. No funds received pursuant to the Contract shall be
used for sectarian purposes or to further the advancement
of any religion. The Services will be available to all
eligible individuals regardless of religious belief or
affiliation.
Governing Law
The Contract shall be governed by, and construed in
accordance with, the laws of the State of New York,
without regard to conflict of laws. Venue shall be
designated in the Supreme Court, Suffolk County, the
United States District Cout~ for the Eastern 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
thc County to enforce any provision of the Contract in any
particular instance or instances is a waiver of that
provision. Such provision shall otherwise remain in full
force and effect, notwithstanding any such failure or
forbearance.
Conflicts of Interest
The Contractor shall not, during thc 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 Tenn.
The determination as to whether or when a cunflict may
potentially exist shall ultimately be made by the County
Attorney after full disclosure is obtained.
Cooperation un 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
ARTICLE III
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
claim, demand or action that may be brought against the
other party, its employees or designated representatives
arising out of, or in connection with, thc Contract.
IS. Confidentiality
16.
17.
Any document oftbe County, or any document created by
the Contractor and used in rendering the Services, shall
remain the property of the County and shall be kept
confidential in accordance with applicable laws, roles, 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 any portion
of the monies that may be due or become due
hereunder, (collectively referred to in this
paragraph 16 aa "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.
Such Assignment shall be subject to all of thc
provisions of the Contract and to any other
condition the County requires. No approval of
any Assignment shall be construed aa enlarging
any obligation of the County under the terms end
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 aa,
releasing the Contractor from any term or
provision of the Contract.
Changes to Contractor
Thc Contractor may, from time to time, only with
thc County's written consent, enter into a
Permitted Transfer. For purposes of the
Contract, a Permitted Transfer means:
i.)
if the Contractor is a partnership, the
withdrawal or change, whether
voluntary, involuntary or by operation
of law, of the partners, or transfer of
partnership interests (other than the
purehaae of partnership interests by
existing parmers, by the partnership
itself or the immediate family members
by reason of gift, sale or devise), or the
dissolution of the partnership without
immediate reeonstitntion thereof, and
ii.)
if the Contractor is a closely held
corporation (i.e. whose stock is not
publicly held and not traded through an
15 of 28 pages
IFMS No. SCSEXE
exchange or over the counter):
1. the dissolution, merger,
consolidation or other
reorganization of the Contractor;,
and
the sale or other transfer of twenty
percent (20%) or more of thc
shares of thc Contractor (other
than to existing shareholders, the
corporation itself or the immediate
family members of shareholders
by reason of gift, sale or devise).
If thc Contractor is a not-for-profit corporation, a
change of twenty percent (20%) or more of its
shares or members shall be deemed a Permitted
Transfer.
The Contractor shall notify the County in writing,
which notice (the "Transfer Notice") shall
include:
i.)
the proposed effective date of the
Permitted Transfer, which shall not be
less than thirty (30) days nor more than
one hundred eighty (180) days alter the
date of delivery of the Transfer Notice;
ii.)
a summary of the material terms of the
proposed Permitted Transfer;
iii.)
the name and address of the proposed
tnmsferee;
iv.)
such information reasonably required
by the County, which will enable thc
County to determine the finanalal
responsibility, eharanter, and reputation
of the proposed transferee, nature ofth~
proposed aasign~sferen's business
and experience;
v.)
all executed forms required pursuant to
Article IV of the Contract, that are
required to be submitted by the
Contractor; and
vi.)
such other information aa the County
may reasonably require.
The County agrees that any request for its
consent to a Permitted Tran~ar shall be granted,
provided that the transfer does not violate any
provision of the Contract, and the Uansferee has
not been convicted of a criminal offense as
described under Article II of Chap~r 143 of the
Suffolk County Code. The County shall grant or
deny its consent to any request of a Permitted
Transfer within twenty (20) days after delivery to
ARTICLE III
¥02 Model Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
18.
19.
20.
thc County of the Transfer Notice, in accordance
with the provisions of Paragraph 24 of Article
Iii of the Contract. If the County shall not give
written notice to the Contractor denying its
consent to such Permitted Transfer (and setting
forth the basis for such denial in reasonable
detail) within such twenty (20)-day period, then
the County shall bc deemed to have granted its
consent to such Permitted Transfer.
e. Notwithstanding the County's consent,
i.)
the terms and conditions of the
Contract shall in no way be deemed to
have been waived or modified; and
ii.)
such consent shall not be deemed
consent to any further ~ansfers.
No Intended Third Party Beneficiaries
The Contract is entered into solely for the beneftt of the
County end the ConttacWr. No third party shall be deemed
a beneficiary of the Con~'act and no third purty 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 Conmtetor also certifies that there is no
relationship within the third degree of consangninity,
between the Contractor, any of its paaners, members,
directors, or shareholders owning five (5%) percent or
more of the Contractor, and the County.
Publications and Publicity
ao
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."
Thc Contractor shall not issue press releases or
any other information to thc media, in any form,
concerning the Services, without obtaining prior
written approval from the County.
21,
22.
23.
24.
16 of 28 pages
IFMS No. SCSEXE
Copyrights and Patents
a. Copyrights
If the work of the Contractor should result in thc
production of original books, manuals, films, or
other materials for which a copyright may be
granted, the Contractor may secure copyright
protection. However, the County reserves to
itself, and the Conwactor hereby gives to the
County, and to any other person designated by
the County, a royalty-free, nonexclesive license
to produce, reproduce, publish, translate, or
otherwise use any such materials.
b. Patents
If thc Contractor makes any discovery or
invention during thc Term, as a result of work
performed under the Contra,gL the Contractor
may apply for and secure for itself patent
protection. However, the County reserves to
itself, and thc Contractor hereby gives to the
County, and to any other person designa~d by
the County, a royalty-frce, nonexclusive license
to produce or otherwise use any item so
discovered or patented.
Arrears to County
Contractor warrants that, except as may otherwise be
authorized by agreement, it is not in arrears to thc County
upon any debt, euntract, or any other lawful obligation, and
is not in default to the County as surety.
Lawful Hiring of Employecs Law in Connection
with Contracts for Construction or Future
Construction
In thc event that thc Contract is subject to thc Lawful
Hiring of Employces 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 doeumentatlon mandated
to be kept by this law on the construefiun site at all times.
Employee sign-in sheets and register/log books shall be
kept on the eonsttuctiun 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.
Notice
Unless otherwise expressly provided, all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular first class mall and certified mail, or personally
dalivered during business hours as follows: 1.) to thc
Contractor at the address on page I of the Contract and 2.)
to the County at the Department, or as to either of the
ARTICLE III
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
foregoing, to such other address as thc addressee shall have
indicated by prior written notice to thc addrassor. All
notices received by thc Contractor relating to a legal claim
shall be immediately sent to the Department end also to the
County Attorney at H. Lee Dennison Building, 100
Veterans Memorial Highway, P.O. Box 6100, (Sixth
Floor), Hauppauge, New York, 11788-0099.
IFM$ No, SCSEXE
End of Text for Article III
17 of 28 pages
ARTICLE IH
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
Article IV
Suffolk County Legislative Requirements
Contractor's/Vendor's Public Disclosure Statement
It shall be thc duty of the Contractor to read, become
familiar with, and comply with the requirements of section
A$-7 of.article V of the Suffolk County Code.
Unless certified by an offcar of the Contractor as being
exempt from the requirements of section A5-7 of Article V
of the Suffolk County Code, thc Contractor represents and
wenants 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 sach statement with the Comptroller on or
before the 3 Ist day of January in each year of the
Contract's duration. The Contractor acknowledges that
such filing is a material, contractual and statutory duty and
that the failure to file such statement shall constitute a
material breach oftbe Contract, for which thc County shall
be entitled, upon a determination that such breach has
occurred, to damages, in addition to all other legal
remedies, of fifteen percent (15%) of the amount oftbe
Contract.
Required Form:
Suffolk County Form SCEX 22; entitlcd
"Contractor's/Vendor's Public Disclosure Statement"
Living WageLaw
It shall be the duty of the Contractor to read, become
familiar with, and comply with thc requirements of Cheptcr
347, of the Suffolk County Code.
This Contract is subject to the Living Wage Law oftbe
County of Suffolk. The law requires that, unless specific
exemptions apply, all employers (as defined) under service
contracts and recipients of County financial assistance, (as
defined) shall provide payment ora minimum wage to
employees as set forth in the Living Wage Law. Such rate
shall be adjusted annually pursuant to the terms of the
Suffolk County Living Wage Law oftbe County of Suffolk.
Under the provisions of the Living Wage Law, the County
shall have the authority, under appropriate circumstances,
to terminate the Contract and to seek other remedies as set
forth therein, for violations of this Law.
Required Forms:
Suffolk County Living Wage Form LW-I; entitled "Suffolk
County Department of Labor- Living Wage Unit Notice of
Application for County Compensation (Contract)."
Suffolk County Living Wage Form LW-38; entitled
"Suffolk County Department of Labor - Living Wage Unit
Living Wage Cectification/Declamtion - Subject To
Audit."
IFMS No. SCSEXE
18 of 28 pages
Use of County Resources to Interfere with Collective
Bargaining Activities
It shall be thc duty of the Contractor to read, become
familiar with, and comply with the requirements of Chapter
466 of the Suffolk County Code.
County Contractors (as defined by section 466-2) shall
comply with all requirements of Chapter 466 of the Suffolk
County Code, including the following prohibitions:
a. The Contractor shall not use County funds to
assist, promote, or deter union organialng.
bo
No County funds shall be used to reimburse the
Contractor for any costs incon'ed to assist,
promote, or deter union organizing.
Co
No employer shall use County property to hold a
meeting with employees or supowisors if the
purpose of such meeting is to assist, promote, or
deter union organizing.
If the Services are performed on County property, thc
Contractor must adopt a reasonable access agreemcnt, a
neutrality agreement, fair communication agreement, non-
intimidation agreement, and a majority authorization card
agreement.
Iftbe Services are for the provision of human services and
are not to be performed on County properly, the Contractor
must adopt, at thc least, a neutrality agrcemenC
Under the provisions of Chaptar 466, the County shall have
thc authority, under appropriate cimumstsnce~ to terminate
thc Contract and to seek other remedies as set forth therein,
for violations of this Law.
Required Form:
Suffolk County Labor Law Form DOL-LOI; entitled
"Suffolk County Department of Labor - Labor Mediation
Unit Union Organizing Certification/Declaration - Subject
to Audit."
Lawful Hiring of Employees Law
It shall be the duty oftbe Contractor to read, become
familiar with, and comply with the requirements of Chapter
234 of the Suffolk County Code.
This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk. It provides that all covered
employers, (as defined), and the owners thereof, as the ease
may be, that are recipients of compensation from the
County through any grant, loan, subsidy, funding,
appropriation, payment, tax incentive, contract,
subcontract, license agreement, lease or other financial
cempensation agreement issued by the County or an
awarding agency, where saeh compensation is one hundred
percent (100%) funded by the County, shall submit a
completed sworn affidavit (under penalty of perjury), the
form of which is attached, certifying that they have
ARTICLE IV
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
complied, in good faith, with the requirements of Title 8 of
the United States Code Section 1324a with respect to thc
hiring of covered employees (as defined) and with respect
to the alien end nationality status of the owners thereof.
The affidavit shall be executed by an authorized
reprasentative of the covered employer or owner, as the
case may be; shall be part of any executed conffect,
subcontract, license agreement, lease or other financial
compensation agreement with the County; and shall be
made available to the public upon request.
All conttaetors end subcontractors (as defined) of covered
employers, end thc owners thereof, as thc case may be, that
arc 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), thc form of which is attached,
certifying that they have complied, in good faith, with the
requirements of Title 8 of thc United States Code Section
1324a with respect to the hiring of covered employees and
with raspect to the alien and nationality status of the
owners thereof, as fac ease 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 Janumy I of ceeb 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 oftbe Contract.
Thc Contrector acknowledges that such filings are a
material, contractual and statutory duty and that thc failure
to file any such statement shall constitute a material breach
of the Contract.
Under thc provisions of thc 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.
Thc 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.
IFMS No. SCSEXE
Required Forms:
Suffolk County Lawful Hiring of Employees Law Form
LHE-I; entitled "Suffolk County Department of Labor -
Notice Of Applicatiun To Certify Compliance With Federal
Law (8 U.S.C. SECTION 1324a) With Respect To Lawful
19 of 28 pages
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 thc duty of thc Contrector to read, become
familiar with, and comply with thc requirements of Chapu:r
386 of the Suffolk County Code.
The Contractor represents and wan'ants that it has not
offered or given any gratuity to any official, employee or
agent of the County or the State or of any political party,
with the purpose or intent of secoring an agreement or
securing favorable trenm~ent with respect to the awarding
or amending of an agreement or the making of cay
determinations with respect to the performance of an
agreement.
Prohibition Against Contracting with Corporations
that Reincorporate Overseas
It shall be thc duty of thc Contractor to read, become
familiar with, and comply with thc requirements of sections
A4-13 and A4-14 of Article IV of the Suffolk County
Code.
Thc 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 thc County to a business previously incorporated within
thc U,S,A. that has reincorporatad outside thc U.S.A.
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 Chaptar 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 emended
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 thc duty of the Contractor to read, become
familiar with, and comply with thc requirements of Article
Il of Chapter 143 of the Suffolk County Code.
Upon signing thc 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
ofgnilty ~er a trial or a plea of gnilty to an offense
covered under the provision ofseetlon 143-5 of the Suffolk
County Code under "Nonresponsible Bidder."
ARTICLE IV
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO- IFMS No. SCSEXE
Youth Bureau Implementing Agency
11.
12.
10.
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 thc requirements of section
590-3 of Article III of Chapter :590 of thc Suffolk County
Codc.
The Contractor shall not use any of thc moneys, in part or
in wholc, an~] either directly or indirectly, received under
thc Contract in connection with thc prosecution of any civil
action against the County in any jurisdiction or any judicial
or administrative forum.
Youth Spore
It shall be the duty oftbe Contractor to read, become
familiar with, and comply with Article Ill of Chapter 419 of
the Suffolk County Code.
All contract agencies that conduct youth sports progt~uns
arc ~luircd to develop end maintain a written plea or
policy addressing incidents of posalblc or actual concussion
or other head injuries among sports prog~un participants.
Such plan or policy must be submitted prior to thc award of
a County contract, grant or funding. Receipt of such plan
or policy by thc County does not represent approval or
endorsement of any such plan or policy, nor shall the
County be subject to any liability in connection with any
such plea or policy.
Work Experience Participation
If the Contractor is a not-for-profit or governmental agency
or institution, each of the Contractor's locations in the
County at which the Services are provided shall be a work
site for public-assistance clients of Suffolk County pursuant
to Chapter 211 of the Suffolk County Code at all times
during the Term of the Contract. ffno Memorandum of
Understanding ("MOU") with the Suffolk County
Department of Labor for work experience is in effect at the
beginning of the Term of the Contract, the Contractor, if it
is a not-for-profit or governmental agency or institution,
shall enter into such MOU as soon as possible after the
execution of the Contract and failure to enter into or to
perform in accordance with such MOU shall be deemed to
be a failure to perform in accordance with the Contract, for
which the County may withhold payment, terminate the
Cont~tct or exercise such other remedies as may be
appropriate in the circumstances.
Suffolk County Local Laws Website Address
Suffolk County Local Laws, Rules and Regulations can be
accessed on thc Suffolk County wcbsitc by following thc
County's Ez link to the Laws of Suffolk County.
End of Text for Article IV
20 of 28 pages
ARTICLE IV
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO- IFMS No. SCSEXE
Youth Bureau Implementing Agency
Article V
General Fiscal Terms and Conditions
1. General Payment Terms
Presentation of Suffolk County Payment
Voucher
In order for payment to be mede by the County to
the Contractor for the Sarviccs, the Contractor
shall prepare and present a Suffolk County
Payment Voucher, which shall be documented by
sufficient, competent and evidential matter.
b. Voucher Documentation
The Suffolk County Payment Voucher shall list
all information regarding thc Services and other
items for which expenditures have been or will be
made in accordance with thc Contract. Either
upon execution of the Contract (for the Services
already rendered and expenditures already made),
or not more than thirty (30) days after thc
expenditures were made, and in no event aRar thc
31* day of January following thc end of each year
of thc Contract, thc Contractor shall furnish thc
County with detailed documentation in support
of the payment for the Services or expenditures
under the Contract c.g. dates of thc Service,
worksitc locations, activities, hours worked, pay
rates and all program Budget categories. Thc
Suffolk County Payment Voucher shall include
time records, certified by thc Cuntmetor as truc
and accurate, of all persouncl for whom
expenditmgs arc claimed during thc period,
Time and attendance records of a project director,
if any, shall be certified by thc Chairperson,
President or other designated member oftbe
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 thc County by a
Contractor official empowered to sign thc
Contract. Disbursements made by the Contractor
in accordance with thc Contract end submitted
for reimbursement must be documcnted and must
comply with accounting proeedures 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 thc Suffolk
County Department of Audit and Control. In
addition to any other remedics that thc County
may have, failure to supply thc required
documentation will disqualify the Contractor
21 of 28 pages
ARTICLE V
eo
from any further County contracts.
c. Payment by County
Payment by thc County shall be made within
thirty (30) days aRar approval of the Suffolk
County Payment Voucher by the Comptroller.
d. Budget Modification
i.)
Thc parties shall usc the Conoact
Budget Modification Request form
(''Budget Modification") for revisions
to the Budget and Sarviccs not
involving an increase to the total cost
of thc Contraet. The Contractor shall
submit to thc County thc Budget
Modification prupoeed revisions for
either Budget or the Services. Such
request must be made in edvanee of
incurring any expenditure for which the
revision is needed.
ii.)
When the County and the Contractor
agree as to such revisions, the
Contractor shall execute thc Budget
Modification form. The Contractor
shall return it to thc County for
execution.
iii.)
Upon complete execution of thc Budget
Modification form, thc County shall
return a copy to thc Contractor. Thc
revision shall not be effective until thc
Budget Modification is completely
executed.
iv.)
The Budget Modification form may be
submitted only twice per calendar year
and may only be submitted prior to
November 15th' of that year.
Budget and/or Services Revisions
i.)
ii.)
The parties shall use thc Contract
Budget/Services Revision Approval
Form (Budget/Services Revisions) for
revisions to the Budget and Services
involving any change to thc tot.a/cost
of the Contract due to a resolution of
thc Legislature, changas to thc
County's adopted annual budget, or for
any other reason necessitating revisions
to the Budget or Services.
When thc County and thc Contractor
agree as to such revisions, thc
Contractor shall execute thc
BudgeVServiees Revisions form. The
Contractor shall return it to the County.
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
iii.)
Taxes
Upon complete execution of lbo form
by the parties, the County shall return a
copy to tho Contractor. The revision
shall not be effective until the Budget
/Services Revisions is cornple/ely
executed.
The charges payable to the Contractor under the
Contract are exclusive of federal, state, and local
taxes, tho County being a municipality exempt
from payment of such taxes.
FinalVoucher
The acceptance by the Contractor of payment of
all billings mede on the final approved Suffolk
County Payment Voucher shall operate as and
shall be a release of lbo County from all claims
by the Contractor.
Sub~eet to Appropriation of Funds
Thc Contract is subject to the amount of funds
appropriated and any subsequent modifications
thercof by the Legislature, and no liability shall
be incurred by the County beyond the amount of
funds appropriated by the Legislature for the
Services.
bo
ii.)
iii.)
If the County tails to receive Federal or State
funds originally intended to pay for the Services,
or to reimburse the County, in whole or in pa~
for payments mede for the Services, the County
shall have the sole and exclusive right to:
i.) determine how to pay for the Services;
determine future payments to the
Contractor; and
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
Budge/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.
22 of 28 pages
bo
IFMS No. 8CSEXE
Personnel Salaries, Pension and Employee Benefit
Plans, Rules and Procedures
a. Upon request, the Cofltraetor Shall submit to the
County a current copy, certified by the
Contractor as true and accurate, of its
i.) salav/searle for all positions listed in
the Budget;
ii.) personnel rules and procedures;
iii.) Pension plan and any other employee
benefit plans or arrangements.
The Contractor shall not be entitled to
reimbursement for costs under any pension or
benefit plan the Comptroller deems commercially
unreasonable.
Notwithstanding anything in this paragraph 3 of
this Article V, the County shall not be limited in
requesting such edditional 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 roles, regulations and financial direcfives, as
may be promulgated by the Suffolk County
Department of Aedit and Control and the
Department. The Contractor shall permit
inspection and audit ofsach accounts, books,
records, documents and other evidence by the
Deparanent and the Suffo[k County Comptroller,
or their representatives, as ofien as, in their
judgment, such inspection is deemed necessary.
Such right of inspection and audit as set forth in
subparagraph b. below shall exist during the
Term and for a Period of seven (7) years after
expiration or termination of the Contract.
The Contractor shall retain all accounts, books,
records, and other documents relevant to tho
Contract for seven (7) years a~er 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
per/od. Such access is granted notwithstanding
any exemption from diseloanra that may be
claimed for those records which are subject to
nondiselosure agreements, trade secrets and
commercial information or financial information
that is privileged or confidential.
ARTICLE V
YO2 Model Contract Rev. 1.26-11; Law No. 11-YO-
Youth Bureau Implementing Agency
The Contractor shall utilize the accrual basis of
accounting and will submit all financial reports
and claims based on this method of accounting
during the Term.
Audit of li'lnunclal Statements
u. All payments made under thc Contract are
subject to audit by the Comptrollcr pursuant to
Atficlc V of the Suffolk County Charter. Thc
Contractor further agrees that thc Comptroller
and thc Deperanent shall have access to and thc
right to examine, audit, excerpt, copy or
transcribe any pertinent transantiuns or other
rec°rds relating to services under thc Cuntract. If
such an audit discloses overpayments by the
County to the Contractor, w/thin thirty (30) days
at'er thc issuance of an official audit report by thc
Comptroller or his duly designated
rcprescntativas, the ContraCtor shall repay thc
amount of such overpayment by cbeck to the
order of thc Suffolk County Treasurer or shall
submit a proposed plan of repayment to thc
Comp~oller. If there is no response, or if
satisfactory repayments arc not made, thc County
may recoup overpayments from any amounts due
or becoming due to the Contractor fi'om the
County under thc Con,act or otherwise.
b. The provisions of this paragraph shall survive thc
expiration or termination of the Contract.
Financial Statements and Audit Requirements
a. Notwithstanding any other reporting or
certification requirements of Federal, State, or
Ioca/authorities, thc ContraCtor shall obtain thc
services of an independent licensed public
accountant or certified public accountant (the
umtor ) to audit its financial statements for
each Contractor's "fiscal year" in which the
Conb'actor has receivad, or will receive, three
hundred thousand ($300,000.00) dollars or morc
from the County, whether under thc Contract or
other agreements with the County, and shall
submit a report to the County on thc overall
financial condition and operations of the
ConU'actor, including a balance sbect and
statcmcnt of income and expcnses, attested by the
Auditor as fairly and accurately refiacting thc
accounting records of the Contractor in
accordance with genera y accepted accounting
principles. The Contractor may solicit requests
for proposals from a number of qunlified
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:
23 of 28 pages
ARTICLE V
eo
IFMS No. SCSEXE
L) a current license issued by
the New York State
Education Department;
ii.) sumcient auditing exPerience
in the not.for, profiL
governmental or profit-
making areas, as applicable;
and
iii.) .a satisfactory peer review
~ssued within not more than
three (3) years prior to the
date when the Auditor was
selected to conduct thc audit.
The audit must be conducted in accordance with
generally accepted goveromen~ auditing
standards. Financial statements must clearly
differentiate betWeen County-funded Programs
and other programs that the Contractor may be
oPerating. The use of subsidiary schedules
should be encouraged for this purpose. The
Auditor must also prepare a Managament Letter
based on thc audit.
In thc event thc Contractor is a not-for-profit
organization or unit of local government and
expends five hundred thousand ($$00,000.00)
dol! .ars or more of Federal monies, whethcr as a
rcctpmnt expending awards reenivcd 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 Circular No. A-133
(revised June 27, 2003). Single Audit Reports
must also be submitted to the designated
clearinghouse, cognizant agency and/or pass-
through entity, to the extent required by the OMB
Circular referred to above.
The Contractor must submit to thc County a
statement in writing certified by its chief
financial officer, which states thc amount of
Federal funding expended by the ContraCtor
during such fiscal year. Thc Contractor must
mail or deliver the certified statement to the
Department and to thc Executive Director of
Auditing Services, Suffolk County Department of
Audit and Control, H. Lee Dennison Building
100 Veterans Memorial Highway, p. O. Box
6100, HaupPeugc, Ncw York ! 1788-0099, as
soon as possible after thc end of thc Contractor's
fiscal year. Thc statement must include ail
Federal funding received directly from the
Federal government and all Federal funds passed
through from thc County and other pass-through
entities.
YO2 Model Contract Rev. 1-26-11; Law No. 11-¥0-
Youth Bureau Implementing Agency
f' Copies of all financial statements, Management
Letters, Single Audit Reports and other audit
reports must be transmitted to the County and to
thc Executive D/rectur of Auditing Services at
the address set forth above. The ~ports must be
submitted within thirty (30) days after completion
of the audit, but in no event later than nine (9)
months after the end of the Conlrantor's fiscal
year, to which the audit relates.
g' 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 thc Contractor must be made
available to authorized representatives of Federal,
State and County government for that purpose.
h. The provisions of this paragraph shall survive thc
expiration or term/nat/on of the Contract.
Furniture, Fixtures, Equipment, Materials, Supplies
a. Purchases, Rentals or Leases Requiring Prior
Approval
bo
Prior to placing any order to purchase, rent or
!ease any furniture, fixtures, or equipment valued
m excess ofoun thousand dollars ($1,000.00) per
unit for which the Contractor will seek
reimbursement from thc County, thc Contractor
shall submit to the County a written request for
approval to make such a proposed purchase,
rent,a/or lease, with a list showing the quantity
and description of each item, its intended
location and use, estimated unit price or cost, and
eSt/mated total cost of the proposed order.
Written approval of the County shall be required
before the Contractor may proceed with such
proposed purchase, rental or lease of furniture,
fixtures or equipment. All items purchased must
be new or like new unless specifically described
Otherwise in the Budget.
Purchase Practices/Proprietary Interest of
County
i.)
ii.)
The Contractor shall follow the general
Practices that are designed to obtain
furniture, fixtarns, equipment,
materials, or Supplies at the most
reasonable price or cost possible.
The County reserves the right to
purchase or obtain furniture, fixtures,
equipment, materials, or supplies for
the Contractor in accordance with the
programmatic needs of the Contract. If
thc County exereiscs this right, the
amount budgnted for the items so
Purehesed or obtained by the County
for the Contractor shall not be available
24 of 28 pages
ARTICLE V
IFMS No. $CSEXE
do
to thc ContraCtor for any purpose
whatsoever. Title to any such items
purchased or otherwise obta/ned by t
County for the Programs enCOmpasse
by the Conlyact and enffusted to the
Contractor, shall remain in the Count:.
iii.) .The County shall rein a Prnprietary
mtereat in all furoimro, removable
fixtures, equipment, materials, and
supplies purchased or obtained by the
Contractor and paid for or reimbursed
to the Contractor pursuant to the terms
of the Contract or any prior ugreemen!
between the parties.
iv.) The Contractor shall attach labels
!ridiculing the County's proprietary
interest or t/tlc in all such Prnperty.
c. Coauiy's Right to Take Title and Possession
Upon thc termination or expiration of thc
Con~rnct or any renewal thereof, the
discontinuance of thc busineas of thc Conlrac~or,
thc ~ilure of thc Contractor to Comply with thc
terms of the Contract, the bankruptcy of the
ConlrnCtor, an assignment for the benefil of its
creditors, or thc failure of thc Conlractor to
satisfy anY judgment against it w/thin thirty (30)
days of filing ofthcjudgmant, thc County shall
have the right to take title lo and possession of al!
furniture, removable fixtures, equipment,
materials, and supplies and thc Same shall
thernupon beCOme the property of the County
without any claim for reimbursement on thc part
of thc Contractor.
Inventory Records, Controls and Repor~
The Contractor shall maintain proper and
accurate inventory records and comrnls for all
such ~roiture, removable fixtures and equipment
acquired PUrsuant to the Canlract and all prior
agreements between the parties, if any. Three (3)
months before the expiration date of the Contra~
thc Contractor shall make a physical count of all
items of furnituro, removable fixtures and
equipment in its custody, checking each item
against the aforesaid invantuO, records. A report
setting forth thc results of such physical count
shall bc prepared by thc Conlractur on a form
forms designated by the County, certified and or
signed by an authorized official of the
Contractor, and unc (I) copy thereof shall be
delivered to the County w/thin five ($) days alter
thc date set for thc aforesaid Physical COUnt.
Within five (5) days after the termination or
expiration dale of the CunZract, thc ContraCtor
shall submit to the County six (6) copies of thc
same report updated to such date of the Con~ract,
certified and signed by an authorized official of
go
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO-
Youth Bureau ImplemenUng Agency
thc Contractor, based on a physical COunt of ail
itcms offumiturn removal)lc fixtures and
eqmpment on thc aforesaid expiration date, and
revised, if neecssary, to include any inventory
changes during thc last three (.3) months of the
Term.
Protection of Property in Contractor's
Custody
The Contractor shall maintain vigilance and take
ail reasonable precautions to protect the fumitura,
fixtures, equipment, material or supplies in its
custody against damage or loss by fire, burglary,
theft, disappearance, vandalism, or misuse. In the
event of burgls~, theft, vandalism, or
disa. ppenranee of any item of furniture, fixtures,
eqmpment, malarial or supplies, the Contractor
shall immediately not/fy thc police and make a
record thereof, including a record of the results of
anY investigation which may be made thereon. In
thc event of loss afor damage to any item of
furniture, fixtures, equipment, materials, or
.supplies from any cause, the Contractor shah
unmediataly send the County a detailed written
report thereon.
Disposition of Property in Contractor's
Custody
Upon termination of the County's funding of any
of the Services covered by the Contract, or at any
other time that the County may direct, the
CunlxaCtor shall make access available and render
all necessary assistance for physical removal by
the County or its designee of any or ail fumitora,
removable fixtures, equipment, materials or
supplies in the Contractor's custody in which the
County has a proprietary interest, in the same
condition as such property was received by the
Contractor, reasonable wear and tear excepted.
Any disposition, settlements or adjustments
connected with such property shall be in
accordance with the roles and regulations of the
County and the State of New York.
Lease or Rental Agreements
If lee .se. payments or rental costs are included in the Budget
as an ~tem ofexponse 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 thc execution of thc Contract, the Contractor shall
submit a Statement of Other Contracts to thc County,
25 of 28 pages
I0.
IFMS No. SCSEXE
which shall be attached as an exhibit to the Contract. If th,
Contract is amended during the Term, or if the County
exercises its option right, thc 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 thc County
is set forth on the first page of thc Cun~ract.
b. Duplicate Payment from Other Sunress
Payment by thc County for the Services shall not
duplicate payment received by thc Comractor
from any other Source.
e. Funding Identification
The Contractor shall promptly submit to the
County upon request, a schedule for all programs
funded by the County, itemizing for each such
program the sums received, their source and the
total program budget.
Outside Funding for Non-County Funded
Activities
Notwithstanding the foregoing Provisions of the
Contract, it is thc intent of thc County that the
terms and conditions of the Conlract shall not
limit the Contractor fi'om applying for and
accepting outside grant awards or from providing
additional educational activities/services which
may result in the Contractor incun-thg edditionai
costs, as lung as the following conditions am met:
i.) Thc County is not the Fund Source for
thc additional services;
ii.) Su~cient funding is available for or
can be generated by the Contractor to
cover the cost incon~d by the
Con!factor to provide these edditionai
iii.) 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 serviees.
iv.) Prior to s~heduliag any such additional
serviees on County-owned proporty,
the Contractor shat! obtain written
County approval. The Contractor shall,
to the County's satisfaction, submit any
documentation requested by the
Depa.,~ent reflecting the change, and
identify the additional services to be
provided and the source of funding that
ARTICLE V
YO2 Model Contract Rev. 1-26.11; Law No. 11-YO-
Youth Bureau Implementing Agency
shall be utilized to cover thc
expenditures incurred by the Contractor
in undertaking the additional services.
e. 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 the event payments
are subject to such funding no payment shall be
made until the Conb*'actor submits documentation
in thc manner and form as shall be required by
State and/or Federal agency. If late submission
of claims precludes the County from c/aiming
State or Federal reimbursement, such late claims
by the Contractor shall not be paid by thc County
subject to subparagraph g. below, if, for any
reason, the full amount of such funding is not
made available to thc County, the Contract may
be terminated in whole or in part, or thc amount
payable to thc Contractor may bc reduced at the
discretion of the County, provided that any such
termination or reduction shall not apply to
allowable costs incurred by thc Contractor prior
to such termination or reduction, and provided
that money has bccn appropriated for payment of
such costs.
g, Denial of Aid
Ifa State or Federal government agency is
funding the Contract and fails to approve aid in
reimbursement to the County for payments made
hereunder by the County to the Contractor for
expenditures made during the Term because of
any act, omission or negligence on the part of the
Contractor, then the County may deduct and
withhold from any payment duc to the Contractor
an amount equal to the reimbursement denied by
the state or federal government agency, and the
County's obligation to the Contractor shall be
reduced by any such amounts. In such an event,
if there should be a balance due to the County
after it has made a final payment to the
Contractor under the Contract, on demand by the
County, the Contractor shall reimburse the
County for the amount oftbe balance due the
County, payable to the Suffolk County Treasurer.
The provisions of this subparagraph shall survive
the expiration or termination oftbe Contract.
26 of 28 pages
IFMS No. SCSEXE
h. Budget
The Contractor expressly represents and agrees
that thc Budget lists all revenue, expenditures,
personnel, personnel costs and/or ail other
relevant costs necessary to provide the Services.
i. 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
amo.unt not to exceed one aixth (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
Thc Contractor agrees that if, for any reason
whatsoever, the Con~antor shall spend during the
Term for thc purposes set forth in thc Contract an
amount less than, or receive amounts more than,
provided in the Budget, the tutal cost of thc
Contract shall be reduced to the net amount of
actual Contractor expenditures made for such
purposes. The total amount to be paid by thc
County shall not exceed thc lesser of(i) actual
net expenditures or (ii) thc total cost of the
Contract on thc cover page and in the Budget.
Upon termination or expiration of thc Contract, if
the Contractor's total amount of allowable
expenses is less than the total amount of thc
payments made during the Term, thc 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.
Travel Costs
Reimbursement to thc Contractor for travel costs
shall not exceed amounts allowed to County
employees.
Attendance at Conferences
All conferences that am partially or fully funded
by the County that the Contractor's staff wishes
to attend must be pre-approved, in writing, by the
County and must be in compliance with Suffolk
County Standard Operating Procedure A-07 and
Executive Order No. 4-2004.
Salaries
Thc Contractor shall not be eligible to receive
any salary reimbursement until proof of deposit
or payment of all withholding and payroll taxes
to the FederaVStatc governments has been
provided to the County.
ARTICLE V
YO2 Model Contract Rev. 1-26-11; Law No. 11-YO- IFMS No. SCSEXE
Youth Bureau Implementing Agency
Salary lncrenst~
No saimy, wage, or other compensation for the
Services shall be increased over the amount
stated in the Budget without the prior written
approval of the County.
o. Contractor Vacancies
The County shall have the right of prior approval
of the Contractor's filling of any vacant position
a~ of the date ofexecotion of the Contract or as
may thereaRer become vacant, and, in the
exercise of that right, the County may promulgate
reasonable regulations involving filling of
vacancies which shall be deemed to be
incorporated by reference in, and be made part
of, the Contract.
p. No Limitation On Right~
Notwithstanding anything in this Article V to the
contrmy, the County shall have available to it all
rights and remedies under the Conffact and at law
and equity.
q. Comptroller's Rules and Regulations
The Contractor shall comply with the
"Comptroller's Rules and Regulations for
Consultant's Agreements" as promulgated by the
County Department of Audit and Control and any
amendments thereto during the Term. Thc
County shall provide the Con0'actor with a copy
of any amendments to the "Comptroller's Rules
and Regulations for Consultant Agreements"
during the Term.
End of Article V
27 of 28 pages
ARTICLE V
YO2 Model Contract Rev, 1-26-11; Law No. 11 -YO-
Youth Bureau Implementing Agency
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
IFMS No. SCSEXE
Exhibits
Public Disclosure
Living Wage
Union Certification
Lawfifl Hiring
Certification Regarding Lobbying
Budget Modification Request
Budget/Services Revisions Approval
Standard Operating Procedure A-07 Amendment 1
and Executive Order 4~04
Comptroller's Rules and Regulations for Consultant's Agreements
28 of 28 pages
e
Cmllfication Regarding Lobbying for Contract, Grants, Loans and Cooporativa Agreemente
The undersigned certifies, to the best of his or her knowledge and beltef, that:
1.
I~o State or Federal appropriated funde have been paid or will be paid, by or on behalf of the
undersigned; to any peraon for Influencing or attempting to Influence isgislation or appropriation
actions pending before local, State end Federal executive and/or legislative bedkm in connection
v/ith 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
rnndlflcation 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 Fedend executive end/or legislative bodies in connection with this co~-~b-act, grant,
loon or cooperative agreement, the undersigned shall complete end submit Standard Form LLL,
"Disclceure Form to Report Lobbying,, in accordance with its instructions.
The undersigned shall require that the language of this certification be Included in the award
documents for all subew~rde at all tiers (including subcontrant~, subgranta, and contm(~ under
grants, loans, and cooperative agreements) and that all subreciplenta shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was plac~l when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imlXmed by Section 1352, T~is 31, U.S. Code. Failure to file Ihs 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.
Page I of I
COUNTY OF SUFFOLK
OFFICE OF BUDGET
CONTRACT BUDGET MODIFICATION REQUEST
The pro~ budget contained in the A~ement o£
Page of
,20.
NO. DgSc~lt'l'lON (as changed)[ S CHANGN
i~T CHANGE S
Except aa set forth above, this b-_dgct modificatioa shall not be deemed to change any condition or
provision in 6ac said Aireaneat.
By: By:.
Name: Name:
Title: Title:
Date: D,~:
Agcnoy: D~tc:
Suffolk CourtV Youth Bureau
FOR THE COUNTY OF SUFFOLK
APPROVED BY:
DAT~:
_NOTE: This form is not to be used to affect any net/ncrease/n ~he budget
STANDARD
OPERA TING
PROCEDURE
OlqqC~ OF THE COUNTY EXECUTIVE
Approved by:
Ir~un~n A.~7
Amendment
TRAVEL. CONF~RtNCE. AND MEETING ATTENDA~cr
THIS SOP SUPERSEDES THE SHEETS IN THE SOP
MANUAL THAT IS IDENTfl~ED AS "SOP A-07"
DATED 4/2/97. HOLDERS OF THE SOP MANUAL
SHOULD REMOVE AND DISCARD THE CITED
SHEETS AND REPLACE THEM WITH THIS
I. ~B21BII: This SOP dmlls how employees can obMIn approval for conK'rence
attendance, Uavel out of SufFolk County during county time for confcfmces or
seminars, and government related meetings with an overnight stay.
2..,,~: This SOP applies to all County Employees in all county de~'Unon~
ofrJons, oF agencies. ,
~.iRCL.q~!.ql~: This procedure mnonds the prwious version d_m_~ 3/27/04. The
new procedure will require thc booking of hotel ac~ommodatkms, finial cars,
airplane travel, and AMTRAK be handled through a designated travel qcnoy,
(I) A .~ Js d~flned as a large group of'people assembling together to
discuss a wJdz range of topics. The Annual New York State AssoeJalfon of'
Counties Confcrence is nn example ora con~'ence.
(2) A ~ is dcflncd as a ono day, regularly scheduled or impromjXu,
gathering ot' pcoplc for a specific purlMse. A meeting of the l.,ogJslafive
Subcommittec o£lhe New York Slato Association of'Counties is on eommplc
o£a meeting.
(3) A Sem~ is det'med u ii ~oup of people assembling t'or education or
mdnb~ related to performance ora one's job duties as a county employee.
· A. ConFerences
4)
3)
I) ]No .more than tw.o (2) persons, from a department will be permitted to attend
coil?fence, me.e.tmg, or s.emmar. Certain exceptions will be granted if'
conzere, noe, meeting or seminar has pro~'..mns with conflicting hours, if it requires
more man one person to attend, or If- soecial circum~t..~-q warrant mor~
attendees (e.g., mandated training).
2) No mlmbursement will be made for an overnight stay in New York City, Nassau
or Suffolk County_. Employees will be reqtflred to commute to conferences,
.m. e~t.~ings, and seminars in these locations. Reimbursement for me-It ,=k.. ~
limited to those instances in which it is required by binding Icgal oblig~ti'o~[' ....
An application for conference attendance, and travel, Executive Form !0, must be
submitted so that it arrives at the County Executive's Budget Office at least two
weeks prior to the conference date. If an emergency need to attend a conference
arises, the form should be faxed to the Deputy County l~xecutive for Finance and
Management for approval. Any applications submitted less than two (2) weeks
prior to the conference date shall be automatically denied, unless a documented
emergency cause.xt, by an unforeseen event beyond the control of the applicant has
caused the delay in filing the application.
In no cireumstences should an employee attend a conference before the
conference form has been approved. There will be no reimbursement for
conference attendance forms submitted after the date of the conference for
individuals who attended conferences prior to receiving an approved Conference
Attendance Form and a personal day or vacation day will have to be charged by
such employee in the absence of such approval.
All travel needing hotel accommodations, airline travel, car rental, and AMTRAK
shall be arranged through a designated travel agency.
Supporting. information such as b~..hures, program descriptions, itineraries,
documontet]on, fees, rationale, apphcation, etc., must be submitted with
Executive Form # l 0.
6) The Rules and Regulations governing travel enters and accounts, promulgated by
the county Department of Audit and Control, must be followed in preparing
Executive Form #10.
7) The box indicating "Total Cost of this Conference" and the section at the bottom
indicating "Travel Cost" and "Total Cost" should be filled in on all copies.
All applications for conference attendance will be returned to the respective dep;..b.cnt..
office or agency if any of the above procedures 'have not been adhered to.
COUNTY OF SUFFOLK
OFFICE OF THE COUNTY COMPTROLLER
JOSEPH SAWICKI, JR.
Comptrolkr
DEPARTMENT OF AUDIT AND CONTROL
Comptroller's Ruks ~nd Regulations
for Consultant's Agreements
Rovis~! 12/2009
TABLE OF CONTENTS
Defmltions .................................................................................... 1
Allowable Claims ........................................................................... 1
Claim Subraission ........ ; .................................................................. 2
Out of Pocket Expenses ................................................................... 3
Sub-Contractor Claims .................................................................... ,$
C~fied Statements ........................................................................ 6
EXHIBITS
EXH/BIT A
EXHIBIT B
EXHIBIT C
County of Suffollq Standard Payment Vouche~
FORM PV ...................................................... 8
Comultant's Time Sunmmry
FORM A & C 108 ............................................. 9
Consultnnt's Expem~ Sunmmry
FORM A & C 109 ............................................ 10
1
1. Pureose - This manual establishes procedures for the reimbursement of
expenditure~ for consultants under contract with tbe County.
2. Sco~ - These instructions apply to all County dapart~hents and agencies utilizing
3. Dzfinitions
a. Consultant- An individual or fu~n engaged to l~rovide outside
professional services to Suffolk County departments and agencies.
b. Consultant's Aoreement - A written contract describing the spacific
services to be rendered by thc consultant and the amount and t~m.~ of
payment for thc services to be made by the County. Thc consultant's
agreement shall constitute thc sole authorization for payment of claims.
The consultant's agreement shall be prepared in accordance with the
County Exeeutivc's Operating Procedures, SOP # 1-05. Non-spacific
general purpose or lamp sum payment agreements arc not recommended.
4. Allowable Claims - Only claims which are submitted for expenditures
specifically identified in thc agreement will be approved for payment. C-encrally,
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 thc
agreement. Out-of-pocket expenditures are reimbursable if it is so stipulated in
the consultant's agreement.
2
Claim Submission- Consulten~s should submit their claims for reimbursement
through thc County delnutment or agency responsible for the consultant's
assignment, using appropriate forms, as indicated below:
a. Claim Voucher- A County of Suffolk 8tav_d__nr. d Payment P'oucher Form
(Exhibit A) must accompany each consultant claim. The claim voucher
should refer to the consultant's agreement under which payment is
requested and indicate the category of expenses or contract covenant
applicable to the claim voucher. It should be initialed by the depamnen~l
unit representative under whose supervision or jurisdiction the work was
performed, signifying that the consultant has complied with all the t~
and conditions of the agreement under which the payment is requested.
The voucher must then be signed by the depa~haent head or his duly
authorized representative and forwarded m the Department of Audit and
Control for payment.
b. Consultant's Time Summary. FORM A&C 108 (Exhibit B) - The
Consultant's Time Suramary should be used to record daily hours worked
by each staff member of the consultant working on the project. Space is
pwvided to record and extend the hours end wages of each staff member
assigned to the pwject on one form. The completed FORM A&C 108
must be signed by and authorized individual of the consultant's finn. It
should then be at~ached to the County of Suffolk Standard Payment
3
voucher form. A copy of the consultant's payroll register with a cover ·
letter indicating thc individuals charged to the project for the claim period
will be accepted as a substitute for the Consultant's Tune Summary.
c. Consultant's F_xt~'nsc Summary. FORM A&C 109 (Exhibit C~ - The
Consultant's Expense Summary should be used to dentil expenses for
lravel, 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 consulmut's firm. It should then
be attached to the Couuty of Suffolk Standard Payment Voucher Form.
6. Out-of-Pocket Expenses - Ifthase expenses are reimbursable under the
consultant's agreement, the following rules and guidelines should be considered
before incurring such expenses and submitting claims:
e~ Meals - Meals are reimbursable under a consultant's contract only if the
purpose of the meal is valid, that is, authorized under the contract as
sustenance while traveling. Effective October 1, 2009, thc per diem meal
allowance shall be in accordance with thc cuiYeut maximum
reimbursement rate for food as established by the U.S. Gencrai Services
Administration for the New York region. As published in IRS Publication
1542 (rev. October 2009), the 2009 per diem meal and incidental rate is
4
$71.00 per diem including tax. Audit and Control should be contacted for
allowable rates for future fiscal periods. (C-fatuities, 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 "imsiness
meals" submitted by members of the consultant's firm who are not
traveling out of town (ow~'night) in performance of the contract. Whe~ a
consultant meets the necessary criteria to be reimbursed for meals, no
receipts will be nt~,ssary but a certified st~!_~ment will be required.
b. ~- Effective October 1, 2009, claims for lodging will be
reimbursed at a rote not to exceed the current maximum reimburs~mant
rate for lodging as established by the U.S. Ocneral Services
Administration for the New York region as published in the IRS
Publication 1542 (rev. October, 2009). The 2009 per diem rate for
lodging is $130.00 including taxes. Claims for lodging must be
accompanied by paid receipts. Audit and Control should be contacted for
the allowable rate for future fiscal periods.
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.
Mileage - The County will reimburse mileage claims in accordance with
the applicable current rate allowed by the U.S. Intemai Revenue Service.
As of Sanuary 1, 2009 the rote is $.55 p~r mile and January 1, 2010 the
5
rate is $.50 per mile. The consultant must provide ori~n~ destination and
miles lraveled for each trip. Audit and Control should be contacted for the
allowable rote for future fiscal periods.
e. Taxis - Taxi fares up to $2:5.00 will be reimbursed based on aotuai 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 flocall- A certified statement will be adequate
documentation for these expenses.
g. Tolls- Receipts or certified statement will be adequate documentation for
these expenses.
h. Talenhon¢ Extaenses - 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-Con__tractor 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, ffthe sub-contractor's agreement with the Consultant is a lump-sum
payment ngreement, detailed documentation reportlnE ~'equirements ere waived.
Cmified Statements- When the consultant incurs minor travel or other out-of-
pocket expenses for which receipts n~ not nvailnble, he shail prepare an itemiTed
statement detailing the type and nmount of expense, including the time, date, and
place incurred. After summnrizin~ expenses claimed, the consultant must add and
sign the following certification terminology:
"The above expenses are ~rue and Just and are a result of business
conducted in accordance ~ith the terms of the contract with Suffolk County,
and have not be been previously paid."
Signature of Authorized Person
EXHIBITS
Suffolk County, New York
Department of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATIONIDECLARATION - SUBJECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the
contractor's/beneficinry'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 H, HI and IV
below. Completed forms must be submitted to the awarding agency.
County Contractor: "Any employer that receives more then $50,000 in County funds for supplying goods or services pursuant to a
written cun~ract with the County of Suffolk or eny of its agencies; pursuent to a Suffolk County gl'ant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for services provided in eny calendar year; or pursuent to a subconiract with
an~ of the above."
Section I
Check if
Applicable
The Union Organizing Law applies to this con~ract. I/we hereby agree to comply with aH the previsions of Suffolk
County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as to the goods end/or
services that are the subject of the cun~ract with the County of Suffolk shall not use County funds to assist, promote,
or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist,
promote, or deter union organizing. (Chapter 466-3 B)
l/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter
union organizing. (Chapter 466-3 H)
/]we further agree that/]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 are made,
l/we shall maintain records sufficient to show that no County funds were used for those expenditures end, 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, the County Coml~roller, or the County
Department of Law upon request. (Chapter 466-3 I)
I/we further affirm to the following as to the goods end/or services that are the subject of the contract with the
County of Suffolk:
· I/we will not express to employees eny falsu or misleading information that is intended to influence the
determination of employee preferencas 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 en 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 ofnonconfrontational procedures for the resolution of prerecognitiun labor disputes with employees
engaged in the production of goods or the rendering of services for the County; end
· I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure
' the efficient, timely, and quality provision of goods end services to the County. /]we shall include a list of said
c procedures in such certification.
· Section II~
The Union Orgen g does not applyto this con.ct for the following resson(s):
Checkif ' [ - f.~j .~ jr
Applicable ~
DOL. LOI 0/~/08)
Suffolk County, New York
Depar~nunt of Labor
Section m
Con~ractor Name:
ConWactor Address:
Contractor Phone #:
Description of project or service:
Section IV
In the event any part of the Union Organizing Law, Chapter 466 of the Laws of Snffolk County, is found by a court of competent
jurisdiction to be preempted by federal and/or state law, this eertifieafion/declerafion shall be void ab initio.
Section V
I declare undeJ4enalty of perjury under thc Laws of the State of New York that the undersigned is authorized to provide
this
certification, ~that thc abov~ true and correct.
Autho~ S~gna~-r ' Date '
Print Name and Tiile of Al~th~rized Repres~/nta~ve ~/
DOL-LOI (3/5108)
CONTRACTOR NAME
STATEMENT OF OTHER CONTRACTS
ADDRESS
CONTACT PHONE NUMBER
PROGRAM [ AGREEMENT CONTRACT wrrH~ TERM OF AGREEMENT
AMOUNT
1. Indicate (a) type of Organization - County, State, Federal or Other and Co) name of Department, Agency or Organization.