HomeMy WebLinkAboutSTOP-DWI ProgramRESOLUTION 2011-393
ADOPTED
DOC ID: 6875
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-393 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 the County of Suffolk for the
STOP-DWI Program in an amount not to exceed $57,000.00 ($19,000.00 per year) for the term
January 1, 2011 through December 31,2013, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincem Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Rev. 4-18-11 (2 col); Law No. 11-PR-037 IFMS No. SC PRO 00000004755
STOP-DWI Municipal Enforcement/Inc. Town of Southold
Contract
This Contract ("the Contract") is between the County of Suffolk ("the County"), a municipal
corporation of the State of New York, acting through its duly constituted Department of Probation/STOP-
DWI Program ("the Department"), located at H. Lee Dennison Building, 11tb Floor, 100 Veterans
Memorial Highway, Hauppauge, New York (mailing address: Box 6100, Hauppauge, New York 11788-
0099; and
The Town of Southold("the Contractor"), a Municipal Corporation, having an address at P.O. Box
1179, Southold, New York 11971-1682.
The Contractor has been designated to receive funds from the County for increased enforcement ("the
Services") of New York State Vehicle and Traffic laws ("VTL") prohibiting motorists from driving while
intoxicated ("DWI") as set forth in Article I, entitled "Description of Services and Budget."
Term of the Contract: January 1, 2011 through December 31, 2013.
Total Cost of the Contract: Shall not exceed $57,000.00 ($19,000.00 per year for each of the years 2011, 2012
and 2013), to be paid as set forth in Article V, attached.
Terms and Conditions: Shall be as set forth in Articles I through V, attached hereto and made a part hereof.
In Witness Whereoff, 16e parties/h'~reto have executed the Contract as of the latest date written below.
Town of Southold. ~...-~ ~..J//"~ Jr .~ COUNTY OF SUFFOLK
By: ~.~g.s~_...be, e~
Name: . q.~l
Title: 5'o.,Oan~' ~.50 r~
Fed. Tax ID~: I 1-6001939
Date
~"'O~2 .~_ /~C4~-.C ~.~//hereby certifies
under pen~t~es of peBu~ that I m ~ officer of~e To~
of Southold, ~at I have ~ad ~d I m fmili~ with ~A5-7
of Article V of~e Suffolk Coun~ Code, ~d ~at the
Tom of Southold ~s all requirements to quali~ for
exemption t~ ~ ~
Approved as to Legality:
Christine Malafi, County Attorney
By:
Title: Deputy County Executive
Date:
Approved:
Department of Probation
By:
Gerard Cook
Director
Date
0009309
By:
Justin W. Smiloff
Assistant County Attorney
Date
Page I of 26
Rev. 4-18-11 (2 col); Law No. 11-PR-037 IFMS No. SC PRO 00000004755
STOP-DWI Municipal Enforcement/Inc. Town of Southold
List of Articles
Page #
Article I .............................................................................................................................................................. 5
Description of Services and Budget ..................................................................................................................... 5
1. Conflicting Provisions ..........................................................................................................................
2. Reports/Progress Meetings ................................................................................................................... 5
3. Services ................................................................................................................................................. 6
4. Budget ................................................................................................................................................... 6
Article II .............................................................................................................................................................. 7
Definitions .............................................................................................................................................................. 7
1. Meanings o£Tcrms ............................................................................................................................... 7
:2. Elements of Interpretation .................................................................................................................... 8
Article III .............................................................................................................................................................. 9
General Terms and Conditions ........................................................................................................................... 9
1. Contractor Responsibilities ................................................................................................................... 9
a. Duties and Obligations .................................................................................................... 9
b. Qualifications, Licenses, and Professional Standards .......................................................... 0
c. Notifications ..................................................................................................................
d. Documentation of Professional Standards ......................................................................... 0
e. Credentialing .................................................................................................................
f. Engineering Certificate ................................................................................................. 10
2. Termination ......................................................................................................................................... 10
a. Thirty Days Termination ............................................................................................... 10
b. Event of Default; Termination on Notice ......................................................................... 10
c. Termination Notice ....................................................................................................... 10
d. Duties upon Termination ............................................................................................... 10
3. Indemnification and Defense .............................................................................................................. 10
4. Insurance ............................................................................................................................................. 10
5. Independent contractor ....................................................................................................................... 11
6. Severability ......................................................................................................................................... 11
7. Merger; No Oral Changes ................................................................................................................... 12
8. Set-Off Rights ..................................................................................................................................... 12
9. Non-Discrimination in Services .......................................................................................................... 12
10. Nonsectarian Declaration .................................................................................................................... 12
11. Goveming Law ................................................................................................................................... 12
12. No Waiver ........................................................................................................................................... 12
13. Conflicts of Interest ............................................................................................................................ 12
14. Cooperation on Claims ....................................................................................................................... 12
15. Confidentiality .................................................................................................................................... 13
16. Assignment and Subcontracting ......................................................................................................... 13
17. Changes to Contractor ........................................................................................................................ 13
18. No Intended Third Party Beneficiaries ............................................................................................... 14
19. Certification as to Relationships ......................................................................................................... 14
20. Publications and Publicity .................................................................................................................. 14
Page 2 of 26
Rev. 4-18-1'1 (2 col); Law No. 1t-PR-037
STOP-DWI Municipal Enforcement/Inc. Town of Southold
IFMS No. SC PRO 00000004755
21. Copyrights and Patents ....................................................................................................................... 14
a. Copyrights ................................................................................................................... 14
b. Patents ........................................................................................................................ 14
22. Arrears to County ................................................................................................................................ 14
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction ........................................................................................................................................ 14
24. Notice .................................................................................................................................................. 14
Article IV ............................................................................................................................................................ 16
Suffolk County Legislative Requirements ........................................................................................................ 16
1. Contractor's/Vendor's Public Disclosure Statement .......................................................................... 16
2. Living Wage Law ............................................................................................................................... 16
3. Use of County Resources to Interfere with Collective Bargaining Activities .................................... 16
4. Lawful Hiring of Employees Law ...................................................................................................... 16
5. Gratuities ............................................................................................................................................. 17
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas ............................. 17
7. Child Sexual Abuse Reporting Policy ................................................................................................ 17
8. Non Responsible Bidder ..................................................................................................................... 17
9. Use of Funds in Prosecution of Civil Actions Prohibited ................................................................... 18
10. Youth Sports ....................................................................................................................................... 18
11. Work Experience Participation ........................................................................................................... 18
12. Suffolk County Local Laws Website Address .................................................................................... 18
Article V ............................................................................................................................................................ 19
General Fiscal Terras and Conditions .............................................................................................................. 19
1. General Payment Terms ...................................................................................................................... 19
a. Presentation of Suffolk County Payment Voucher ............................................................ 19
b. Voucher Documentation ................................................................................................ 19
c. Payment by County ...................................................................................................... 19
d. Budget Modification ..................................................................................................... 19
e. Budget and/or Services Revisions .................................................................................. 19
f. Taxes .......................................................................................................................... 20
g. Final Voucher .............................................................................................................. 20
2. Subject to Appropriation of Funds ...................................................................................................... 20
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures ............................. 20
4. Accounting Procedures ....................................................................................................................... 20
5. Audit of Financial Statements ............................................................................................................. 21
6. Financial Statements and Audit Requirements ................................................................................... 21
7. Furniture, Fixtures, Equipment, Materials, Supplies .......................................................................... 22
a. Purchases, Rentals or Leases Requiring Prior Approval .................................................... 22
b. Purchase Practices/Proprietary Interest of County ............................................................ 22
c. County's Right to Take Title and Possession ................................................................... 22
d. Inventory Records, Controls and Reports ........................................................................ 22
e. Protection of Property in Contractor's Custody ................................................................ 23
f. Disposition of Property in Contractor's Custody .............................................................. 23
8. Lease or Rental Agreements ............................................................................................................... 23
9. Statement of Other Contracts .............................................................................................................. 23
10. Miscellaneous Fiscal Terms and Conditions ...................................................................................... 23
Page 3 of 26
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal EnforcementJInc. Town of Southold
IFMS No. SC PRO 00000004755
a. Limit of County's Obligations ....................................................................................... 23
b. Duplicate Payment from Other Sources .......................................................................... 23
c. Funding Identification ................................................................................................... 23
d. Outside Funding for Non-County Funded Activities ......................................................... 23
e. Potential Revenue ......................................................................................................... 24
fi Payments Contingent upon State/Federal Funding ............................................................ 24
g. Denial of Aid ...2 ........................................................................................................... 24
h. Budget ........................................................................................................................ 24
i. Payment of Claims ....................................................................................................... 24
j. Payments Limited to Actual Net Expenditures ................................................................. 24
k. Travel Costs ................................................................................................................. 24
I. Attendance at Conferences ............................................................................................ 24
m. Salaries ....................................................................................................................... 24
n. Salary Increases ........................................................................................................... 25
o. Contractor Vacancies .................................................................................................... 25
p. No Limitation On Rights ............................................................................................... 25
q. Comptroller's Rules and Regulations .............................................................................. 25
Exhibits ............................................................................................................................................................ 26
Exhibit 1 Living Wage ...................................................................................................................................... 26
Exhibit 2 Union Certification ........................................................................................................................... 26
Exhibit 3 Lawful Hiring .................................................................................................................................... 26
Exhibit 4 Certification Regarding Lobbying .................................................................................................. 26
Exhibit 5 Budget Modification Request .......................................................................................................... 26
Exhibit 6 Budget/Services Revisions Approval .............................................................................................. 26
Exhibit 7 Standard Operating Procedure A-07 Amendment 1 .................................................................... 26
and Executive Order 4-04 .................................................................................................................................. 26
Exhibit 8 Comptroller's Rules and Regulations for Consultant's Agreements .......................................... 26
Exhibit 9 Forms ................................................................................................................................................. 26
Page 4 of 26
Rev. 4-18-11 (2 col); Law No. 11-PR-037 IFMS No. SC PRO 00000004755
STOP-DWI Municipal Enforcement/Inc. Town of Southold
Article I
Description of Services and Budget
Whereas, the County; annually provides funds to towns and villages located within the County for such towns
and villages to use to increase enforcement by their police forces of the VTL provisions prohibiting motorists
from DWI; and
Whereas, the Contractor has been designated by the County as one of the towns and villages that will receive a
portion of said funds; and
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. Reports/Progress Meetings
ao
The Contractor will be responsible for issuing timely reports in oral presentations and in writing on the
status of pending and proposed activities, as may reasonably be requested by the Department.
Depending upon the nature of the services provided under this Contract, the parties may meet from time
to time; the meeting time, place and attendees shall be as mutually agreed upon by the parties. All
written reports will also be made available to the County in electronic format. All reports will use the
format set forth in the applicable sample form, all sample forms are attached to this Contract in Exhibit 9
entitled "Forms".
The Contractor will be required to submit a "Suffolk County STOP-DWI Claim Payroll Register" form
detailing all salary and wage expenses for which reimbursement is being sought pursuant to this
Contract for the period claimed. Such Form shall be submitted with each Standard Suffolk County
Payment Voucher that the Contractor submits to the County pursuant to this Contract. A sample of such
form is attached to this Contract in Exhibit 9.
co
The Contractor will be required to submit a "Suffolk County STOP-DWI Claim Record of Fringe
Benefits" form detailing all fringe benefit expenses for which reimbursement is being sought pursuant to
this Contract for the period claimed. Such Form shall be submitted with each Standard Suffolk County
Payment Voucher that the Contractor submits to the County pursuant to this Contract. A sample of such
form is attached to this Contract in Exhibit 9.
A "Quarterly Expenditure Report" must be submitted to the County STOP-DWI Coordinator within
thirty (30) days of the close of each quarter for which this Contract is in effect. A sample of such Report
is attached to this Contract in Exhibit 9.
5 of 26 pages
ARTICLE I
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal Enforcement/Inc. Town of Southold
IFMS No. SC PRO 00000004755
A "STOP-DWI Monthly Arrest Report" must be submitted to the Department within thirty (30) days of
the close of each month for which this Contract is in effect. A sample of such Report is attached to this
Contract in Exhibit 9.
3. Services
The monies provided under this Contract must be used by the Contractor to aid the suppression of DWI.
The Contractor shall schedule and pay police officers employed by the Contractor to perform patrol duties
on an overtime basis, that are exclusively related to identifying and arresting motorists engaged in DWI.
These patrols should result in an increased number of arrests for DWI and a reduction of alcohol related
crashes and fatalities. Funds may also be used to pay for training related to such patrols and for warrant
enforcement.
The hours of enforcement shall include times and days which have historically reflected high incidences of
DWI and crashes and fatalities caused by motorists engaged in DWI. Scheduling may be organized due to
seasonal traffic considerations and other activities related to incidences of DWI and may be dependent upon
staff availability.
4. Budget
For each of the years 2011, 2012 and 2013, the Contractor will receive funding in the amount of
$19,000.00. The Contractor shall expend said funding each year to cover the overtime and fringe
benefits earned by police officers employed by the Contractor while performing the Services set forth in
Paragraph 3 of this Article 1, as follows:
Overtime: $19,000.00
Fringe Benefits: $0.00
Total of Personnel Services: $19,000.00
Other Services 0.00
Total of All Services:
$19,000.00
The Contractor shall receive reimbursement of the cost of the overtime and fringe benefits detailed
above at the rates set forth in the labor contracts applicable to the police officers performing the Services
set forth in Paragraph 3 of this Article I that are in effect at the time such Services are performed.
The total amount of funding allocated to each year of this Contract is to be expended on or prior to
December 31st of that year. Any funding not so expended cannot be carried over and added to the
amount of funding allocated for any subsequent year of this Contract.
The Contractor will not be reimbursed for any costs not listed in the budget set forth above in this
paragraph 4., including but not limited to those costs related to administration, staff support and related
operational equipment.
End of Text for Article I
6 of 26 pages
ARTICLE I
Rev. 4-18-11 (2 col); Law No. ti-PR-037 IFMS No. SC PRO 00000004755
STOP-DWI Municipal EnforcementJlnc. Town of Southold
Article Ii
Definitions
1. Meanings of Terms
As used herein:
"Audit of Financial Statements" means the examination by
the Comptroller and any Federal or State auditing authority of
the financial statements oftbe Contractor resulting in the
publication of an independent opinion on whether or not those
financial statements are relevant, accurate, complete, and fairly
presented.
"Budget" means the Contractor's summary or plan of all
intended revenue, whether received in the form of fees, grants,
County funding, or any other source, and expenditures necessary to
render the Services.
"Budget Deficiency Plan" means an analysis oftbe cost of the
Services, changes in fiscal conditions, and required modifications to
the Contract to continue to render the Services.
"Comptroller" means the Comptroller of the County of Suffolk.
"Contract" means all terms and conditions of this Contract, forming
all rights and obligations of the Contractor and the County.
"Contractor" means the signatory corporation, its officers, officials,
employees, agents, servants, sub-contractors, and any successor or
assign of any one or more of the foregoing performing the Services.
"County" means the County of Suffolk, its departments, and
agencies.
"County Attorney" means the County Attorney of the County of
Suffolk.
"Department" means the signatory department approving the
Contract.
"Engineering Services" means the definition oftbe practice of
engineering and the definition of practice of land surveying, as the
case may be, under Section 7201 and Section 7203 oftbe State
Education Law, respectively.
"Event of Default" means
the Contractor's failure to comply with any
Federal, State or local law, rule, or regulation,
and County policies or directives; or
e. the Contractor's bankruptcy or insolvency; or
the Contractor's failure to cooperate in an Audit
of Financial Statements; or
the Contractor's falsification of records or
reports, misuse of funds, or malfeasance or
nonfeasance in financial record keeping arising
out of, or in connection with, any contract with
the County; or
the Contractor's failure to submit, or failure to
timely submit, documentation to obtain Federal
or State funds; or
the inability oftbe County or the Contractor to
obtain Federal or State funds due to any act or
omission oftbe Contractor; or
any condition that the 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
are 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 the County pursuant to any lawful obligation.
"Legislature" means the Legislature of the County of Suffolk.
"Management Letter" means a letter certified as true by the
Contractor's certified public accountant or chief financial officer of
findings and recommendations for improvements in internal fiscal
control that were identified during an Audit of Financial Statements,
but which were not required to be included in an audit report.
"Municipal Corporation" means a town, village, or school district.
the Contractor's failure to perform any duty
required of it under paragraphs 1 (b)-(e) of
Article III oftbe Contract; or
the Contractor's failure to maintain the amount
and types &insurance with an authorized insurer
as required by the Contract; or
the 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
process; or
"Services" means all that which the Contractor must do, and any part
thereof arising out of, or in connentlon with, the Contract as
described in Article I "Description of Services."
"State" means the State of New York.
"Statement of Other Contracts" means a complete list of all other
contracts under which money has been or will be paid to the
Contractor from the County, Federal, or State governments, or a
Municipal Corporation, and (i) which are currently in effect or (ii)
which have expired within thc past twelve (12) months and have not
"Suffolk County Payment Voucher" means the document
7 of 26 pages
ARTICLE II
Rev. 4-18-11 (2 col); Law No. 11-PR-037 IFMS No. SC PRO 00000004755
STOP-DWI Municipal Enforcement/Inc. Town of Southold
authorized and required by the Comptroller for release of payment.
"Term" means the time period set forth on page one of the Contract
and, if exercised by the County, the option period.
2. Elements of Interpretation
Words oftbe 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 finns, associations,
partnerships (including limited parmerships), 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
8 of 26 pages
ARTICLE II
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal Enforcement/Inc. Town of Southold
Article llI
General Terms and Conditions
Contractor Responsibilities
a. Duties and Obligations
i.)
It shall be the duty of the Contractor to
discharge, or cause to be discharged, all
of its responsibilities, and to administer
funds received in the interest oftbe
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,
experience, 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 local
authorities necessary to qualify it to
render the Services.
c. 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
9 of 26 pages
ARTICLE III
IFMS No. SC PRO 00000004755
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 the 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 Contract remains to
be performed, and the termination of
the license does not affect the
Contractor's ability to render the
Services, every other term and
provision of the Contract shall be valid
and enforceable to the fullest extent
permitted by law.
Documentation of 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 (c) above. The address oftbe
location of the aforesaid records and documents
shall be provided to the County no later than the
date of execution of the Contract. Such
documentation shall be kept. maintained, and
available for inspection by the County upon
twenty-four (24) hours notice.
Credeatlaling
i.)
In the event that the Department, or
any division thereof, maintains a
credentialing process to qualify the
Contractor to render: the Services, the
Contractor shall complete the required
credentialing process. In the event that
any State credential, registration,
certification or license, Drag
Enforcement Agency registration, or
Medicare or Medicaid certification is
restricted, suspended, or temporarily or
permanently revoked, it is the duty of
the Contractor to contact the
Department, or division thereof, as the
case may be, in writing, no later than
three (3) days afiter such restriction,
suspension, or revocation.
ii.)
The Contractor shall forward to the
Department, or division thereof, as the
case may be, on or before July 1 of
each 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.
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal EnforcementJlnc. Town of Southold
f. Engineering C~rtificate
In the event that the Contract requires any
Engineering Services, the Contractor shall submit
to the County, no later than the due date for
submission for approval of any engineering work
product, the Certificate of Authorization
("Certificate"), issued pursuant to
~ 7210 of the New York Education Law, of every
person performing any Engineering Services.
The failure to file, submit, or maintain the
Certificate shall be grounds for rejection of any
engineering work product submitted for approval.
Termination
a. Thirty Days Termination
The County shall have the right to terminate the
Contract without cause, for any reason, at any
time, upon such terms and conditions it deems
appropriate, provided, however, that no such
termination shall be effective unless the
Contractor is given at least thirty (30) days
notice.
b. Event of Default; Termination on Notice
i.)
ii.)
The County may immediately
terminate the Contract, for cause, upon
such terms and conditions it deems
appropriate, in the Event of Default.
If the Contractor defaults under any
other provision of the Contract, the
County may terminate the Contract, on
not less than five (5) days notice, upon
such terms and conditions it deems
appropriate.
c. Termination Notice
Any notice providing for termination shall be
delivered as provided for in paragraph 24 of thls
Article IlL
d. Duties upon Termination
i.)
The Contractor shall discontinue the
Services as directed in the termination
notice.
ii.)
The County shall pay the Contractor
for the Services rendered through the
date of termination.
iii.)
The County is released from any and
all liability under the Contract,
effective as oftbe date oftbe
termination notice.
10 of 26 pages
IFMS No. SC PRO 00000004755
iv.)
Upon termination, the Contractor shall
reimburse the County the balance of
any funds advanced to the Contractor
by the County no later than thirty (30)
days alter termination of the Contract.
The provisions of this subparagraph
shall survive the expiration or
termination of the Contract.
v.)
Nothing contained in this paragraph
shall be construed as a limitation on the
County's rights set forth in paragraph 8
of this Article III.
Indemnification and Defense
The Contractor shall protect, indemnify, and hold
harmless the County, its agents, servants,
officials, and employees from and against all
liabilities, fines, penalties, actions, damages,
claims, demands, judgments, losses, suits or
actions, costs, and expenses caused by the
negligence or any acts or omissions oftbe
Contractor, including reimbursement oftbe cost
of reasonable attorneys' fees incurred by the
County, its agents, servants, officials, and
employees in any action or proceeding arising
out of, or in connection with, the Contract.
The Contractor hereby represents and warrants
that it will not infringe upon any copyright in
performing the Services. The Contractor agrees
that it shall protect, indemnify, and hold harmless
the County, its agents, servants, officials, and
employees from and against all liabilities, fines,
penalties, actions, damages, claims, demands,
judgments, losses, suits or actions, costs, and
expenses arising out of any claim asserted for
infringement of copyright, including
reimbursement of the cost of reasonable
attorneys~ fees incurred by the County, its agents,
servants, officials, and employees in any action
or proceeding arising out of or in connection with
any claim asserted for infringement of copyright.
The Contractor shall defend the County, its
agents, servants, officials, and employees in any
proceeding or action, including appeals, arising
out of, or in connection with; the Contract, and
any copyright infringement proceeding or action.
At the County's option, the County may defend
any such proceeding or action and require the
Contractor to pay reasonable attorneys' fees of
salary costs of County employees of the
Department of Law for the defense of any such
suit.
The Contractor shall continuously maintain,
during the Term of the Contract, insurance in
ARTICLE III
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal Enforcement/Inc. Town of Southold
amounts and types ms follows:
i.)
Commercial General Liability
insurance, including contractual
liability coverage, in an amount not
less than Two Million Dollars
($2,000,000.00) per occurrence for
bodily injury and Two Million Dollars
($2,000,000.00) per occurrence for
property damage. The County shall be
named an additional insured.
ii.)
Automobile Liability insurance (if any
vehicles are used by the Contractor in
the performance of the Contract) in an
amount not less than Five tfundred
Thousand Dollars ($500,000.00) per
person, per accident, for bodily injury
and not less than One Hundred
Thousand Dollars ($100,000.00) for
property damage per occurrence.
iii.)
Workers' Compensation and
Employer's Liability insurance in
compliance with all applicable New
York State laws and regulations and
Disability Benefits insurance, if
required by law. The Contractor shall
furnish to the County, prior to its
execution of the Contract, the
documentation required by the State of
New York Workers' Compensation
Board of coverage or exemption from
coverage pursuant to §§57 and 220 of
the Workers' Compensation Law. In
accordance with General Municipal
Law §108, the Contract shall be void
and of no effect unless the Contractor
shall provide and maintain coverage
during the Term for the benefit of such
employees as are required to be
covered by the provisions of the
Workers' Compensation Law.
iv.)
Professional Liability insurance in an
amount not less than Two Million
Dollars ($2,000,000.00) on either a per-
occurrence or claims-made coverage
basis.
The County may mandate an increase in the
liability limits set forth in the immediately
preceding paragraphs (4)(a)(i), (ii), and (iv).
All policies providing such coverage shall be
issued by insurance companies authorized to do
business in New York with an A.M. Best rating
of A- or betier.
IFMS No. SC PRO 00000004755
The Contractor shall furnish to the County, prior
to the execution of the Contract, declaration
pages for each policy of insurance, other than a
policy for commercial general liability insurance,
and upon demand, a true and certified original
copy of each such policy evidencing compliance
with the aforesaid insurance requirements. In the
case of commercial general liability insurance,
the Contractor shall famish to the County, prior
to the execution of the Contract, a declaration
page or insuring agreement and endorsement
page evidencing the County's status as an
additional insured on said policy, and upon
demand, a tree and certified original copy of such
policy evidencing compliance with the aforesaid
insurance requirements.
All evidence of insurance shall provide for the
County to be notified in writing thirty (30) days
prior to any cancellation, nonrenewal, or material
change in the policy to which such evidence
relates. It shall be the duty of the Contractor to
notify the County immediately of any
cancellation, nonrenewal, or material change in
any insurance policy.
In the event the Contractor shall fail to provide
evidence of insurance, the County may provide
the insurance required in such manner as the
County deems appropriate and deduct the cost
thereof from a Fund Source.
If the Contractor is a Municipal Corporation and
has a self-insurance program under which it acts
as a self-insurer for any of such required
coverage, the Contractor shall provide proof,
acceptable to the County, of self-funded
Independent Contractor
The Contractor is not, and shall never be, considered an
employee of the County for any purpose. Notwithstanding
anything contained in this Contract, the Contract shall not
be construed as creating a principal-agent relationship
between the County and the Contractor or the Contractor
and the County, as the case may be.
Severability
It is expressly agreed that if any term or provision of this
Contract, or the application thereof to any person or
circumstance, shall be held invalid or unenforceable to any
extent, the remainder of the Contract, or the application of
such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and every other term and
provision of the Contract shall be valid and shall be
enforced to the fullest extent permiRed by law.
11 of 26 pages
ARTICLE lll
Rev. 4-18-1'1 (2 col); Law No. '11-PR-037
STOP-DWI Municipal EnforcementJlnc. Town of Southold
7. 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-OffRights
The County shall have all of its common law, equitable,
and statutory rights of set-off. These rights shall include,
but not be limited to, the County's option to withhold from
a Fund Source an amount no greater than any sum due and
owing to the County for any reason. The 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 after the
finalization thereof, and only after consultation with the
County Attorney.
Non-Discrimination in Services
10.
11.
The Contractor shall not, on tbe grounds of race,
creed, color, national origin, sex, age, disability,
sexual orientation, military status, or marital
status
i.) deny any individual the Services
provided pursuant to the Contract; or
ii.) provide the Services to an individual
that is different, or provided in a
different manner, from those provided
to others pursuant to the Contract; or
iii.) subject an individual to segregation or
separate treatment in any matter related
to the individual's receipt of the
Services provided pursuant to the
Contract; or
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 their race, creed, color, national
origin, sex, age, disability, sexual orientation,
military status, or marital status, or have the
effect of substantially impairing the Contract
with respect to individuals of a particular race,
12.
13.
14.
12 of 26 pages
IFMS No. SC PRO 00000004755
creed, color, national origin, sex, age, disability,
sexual orientation, military status, or marital
status, in determining:
i.) the Services to be provided; or
ii.) the 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 Court 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
the 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
three and eftbet, notwithstanding any such failure or
forbearance.
Conflicts of Interest
The Contractor shall not, during the Term, pursue a course
of conduct which would cause a reasonable person to
believe that he or she is likely to be engaged in acts that
create a substantial conflict between its obligations under
the Contract and its private interests. The Contractor is
charged with the duty to disclose to the County the
existence of any such adverse interests, whether existing or
potential. This duty shall continue as long ~ the Tenn.
The determination as to whether or when a conflict may
potentially exist shall ultimately be made by the County
Attorney after fulI disclosure is obtained.
Cooperation on Claims
The Conn'actor and the Counly 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
Rev. 4-18-11 (2 col); Law No. 11-PR-037 IFMS No. SC PRO 00000004755
STOP-DWI Municipal Enforcement/Inc. Town of Southold
claim, demand or action that may be brought against the
other par~, its employees or designated representatives
arising out of, or in connection with, the Contract.
15, Confidentiality
Any document of the 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, rules, and
regulations.
16. 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
oftbe monies that may be due or become due
hereunder, (collectively referred to in this
paragraph 16 as "Assignment"), to any other
person, entity or thing without the prior written
consent oftbe County, and any aitempt to do any
of the foregoing without such consent shall be
void ab inltio.
Such Assignment shall be subject to all of the
provisions of the Contract and to any other
condition the County requires. No approval of
any Assignment shall be constraed as enlarging
any obligation oftbe County under the terms and
provisions of the Contract. No Assignment of
the Contract or assumption by any person of any
duty oftbe Contractor under the Contract shah
provide for, or otherwise be constraed as,
releasing the Contractor from any term or
provision of the Contract.
17. Changes to Contractor
The Contractor may, from time to time, only with
the 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
purchase of parmership interests by
existing partners, by the partnership
itseffor the immediate family members
by reason of gift, sale or devise), or the
dissolution oftbe partnership without
immediate reconstitution thereof, and
ii.)
if the Contractor is a closely held
corporation (i.e. whose stock is not
publicly held and not traded through an
13 of 26 pages
ARTICLE III
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 the
shares of the Contractor (other
than to existing shareholders, the
corporation itself or the immediate
family members of shareholders
by reason of gifi, sale or devise).
If the Contractor is a not-for-profit corporation, a
change of twenty percent (20%) or mom of its
shams 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 mom than
one hundred eighty (180) days after the
date of delivery of the Transfer Notice;
ii.)
a summary of the material terms oftbe
proposed Permitted Transfer;
iii.)
the name and address of the proposed
transferee;
iv.)
such information reasonably required
by the County, which will enable the
County to determine the financial
responsibility, character, and reputation
of the proposed transferee, nature of
the proposed assignee/transferee'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 as the County
may reasonably require.
The County agrees that any request for its
consent to a Permitted Transfer shall be granted,
provided that the transfer does not violate any
provision of the Contract, and the transferee has
not been convicted ora criminal offense as
described under Article II of Chapter 143 oftbe
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
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal Enforcement/Inc. Town of Southold
18.
19.
20.
the County of the Transfer Notice, in accordance
with the provisions of Paragraph 24 of Article
I11 of the Contract. fftbe Counby 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 be deemed to have granted its
consent to such Permitted Transfer.
21.
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 transfers.
No Intended Third Parly Beneficiaries
The Contract is entered into solely for the benefit oftbe
County and the Contractor. No third party shall be deemed
a beneficiary oftbe Contract and no third par~ shall have
the right to make any claim or assert any right under the
Contract.
Certification as to Relationships
The Contractor certifies under penalties of perjury that,
other than through the funds provided in the Contract and
other valid agreements with the County, there is no known
spouse, life partner, business, commercial, economic, or
financial relationship with the County or its elected
officials. The Contractor also certifies that there is no
relationship within the third degree of consanguinity,
between the Contractor, any of its partners, members,
directors, or shareholders owning five (5%) percent or
more of the Contractor, and the County.
22.
23.
Publications and Publicity
The Contractor shall not issue or publish any
book, article, report, or other publication related
to the Services without first obtaining writren
prior approval from the County. After approval
in writing is obtained, all such printed matter or
other publication shall contain the following
statement in clear and legible print:
"This publication is fully or partially funded by
the Suffolk County Executive's Office."
The Contractor shall not issue press releases or
any other information to the media, in any form,
conceming the Services, without obtaining prior
written approval from the County.
24.
14 of 26 pages
IFMS No. SC PRO 00000004755
Copyrights and Patents
a. Copyrights
lfthe work of the Contractor should result in the
production of original books, thanuals, 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 Contractor hereby gives to the
County, and to any other person designated by
the County, a royalty-free, nonexclusive license
to produce, reproduce, publish, translate, or
otherwise use any such materials.
b. Patents
If the Contractor makes any discovery or
invention during the Term, as a result of work
performed under the Contract, the Contractor
may apply for and secure for itself patent
protection. However, the County reserves to
itself, and the Contractor hereby gives to the
County, and to any other person designated by
the County, a royalty-free, nonexclusive license
to produce or otherwise use any item so
discovered or patented.
Arrears to County
Contractor warrants that, except as may otherwise be
authorized by agreement, it is not in arrears to the County
upon any debt, contract, or any other lawful obligation, and
is not in default to the County as surety.
Lawful Hiring of Employeas Law in Connection
with Contracts for Construction or Future
Construction
In the event that the Contract is subject to the Lawful
Hiring of Employees Law of the County of Suffolk,
Suffolk County Code Chapter 234, as more fully set forth
in the Article entitled "Suffolk County Legislative
Requirements," the Contractor shall maintain the
documentation mandated to be kept by this law on the
constraction site at all times. Employee sign-in sheets and
register/log books shall be kept on the construction site at
all times and all covered employees, as defined in the law,
shall be required to sign such sign-in sheets/register/log
books to indicate their
presence on the construction site during such working
hours.
Notice
Unless otherwise expressly provided, all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular first class mail and certified mail, or personally
delivered during business hours as follows: 1.) to the
Contractor at the address on page 1 oftbe Contract and 2.)
ARTICLE III
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal Enforcement/Inc. Town of Southold
to the County at the Department, or as to either of the
foregoing, to such other address as the addressee shall have
indicated by prior written notice to the addressor. All
notices received by the Contractor relating to a legal claim
shall be immediately sent to the Department and 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.
IFMS No. SC PRO 00000004755
End of Text for Article III
15 of 26 pages
ARTICLE III
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal EnforcemenfJInc. Town of Southold
Article IV
Suffolk County Legislative Requirements
1. Contractor's/Vendor's Public Disclosure Statement
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of section
A5-7 of Ariiclc V of the Suffolk County Code.
Unless certified by an officer of the Contractor as being
exempt from the requirements of sectlon A5-7 of Artlcle V
of the Suffolk County Code, the Contractor represents and
warrants that it has filed with the Comptroller the verified
public disclosure statement required by Suffolk County
Administrative Code Article V, Section A5-7 and shall file
an update of such statement with the Comptroller on or
before the 31 st day of January in each year of the
Contract's duration. The Contractor acknowledges that
such filing is a material, contractual and statutoi'y duty and
that the failure to file such statement shall constitute a
material breach of the Contract, for which the County shall
be entitled, upon a determination that such breach has
occurred, to damages, in addition to all other legal
remedies, of fifieen percent (15%) of the amount of the
Contract.
Living Wage Law
It shall be the duty of thc Contractor to read, become
familiar with, and comply with thc requirements of Chapter
347, of the Suffolk County Code.
This Contract is subject to the Living Wage Law of the
County of Suffolk. The law requires that, unless specific
exemptions apply, all employers (as defined) under service
contracts and recipients of County financial assistance, (~
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 of the County of
Suffolk. Under the provisions oftbe 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-1; entitled
"Suffolk County Departmen~ of Labor Living Wage Unit
Notice of Application for County Compensation
(Contract)."
Suffolk County Living Wage Form LW-38; entitled
"Suffolk County Department of Labor - Living Wage Unit
Living Wage Certification/Declaration - Subject To
Audit."
16 of 26 pages
IFMS No. SC PRO 00000004755
Use of County Resources to Interfere with
Collective Bargaining Activities
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Chapter
466 of the Suffolk County Code.
County Contractors (as defined by section 466-2) shall
comply with all requirements of Chapter 466 oftbe Suffolk
County Code, including the following prohibitions:
a. The Contractor shall not use County funds to
assist, promote, or deter union organizing.
No County funds shall be used to reimburse the
Contractor for any costs incurred to assist,
promote, or deter union organizing.
No employer shall use County properly to hold a
meeting with employees or supervisors if the
purpose of such meeting is to assist, promote, or
deter union organizing.
If the Services are performed on County property, the
Contractor must adopt a reasonable access agreement, a
neutrality agreement, fair communication agreement, non-
intimidation agreement, and a majority authorization card
agreement.
If the Services are for the provision of human services and
are not to be performed on County property, the Contractor
must adopt, at the least, a neutrality agreement.
Under the provisions of Chapter 466, the County shall have
the authority, under appropriate circumstances, to terminate
the Contract and to seek other remedigs as set forth therein,
for violations of this Law.
Required Form:
Suffolk County Labor Law Form DOL-LOI; entitled
"Suffolk County Depamnent of Labor - Labor Mediation
Unit Union Organizing Certification/Declaration - Subject
to Audit."
Lawful Hiring of Employees Law
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Chapter
234 of the Suffolk County Code.
This Contract is subject to the Lawful Hiring of Employees
Law oftbe County of Suffolk. It provides that all covered
employers, (as defined), and the owners thereof, as the case
may be, that are recipients of compensafion from the
County through any grant, loan, subsidy, funding,
appropriation, payment, tax incentive, contract,
subcontract, license agreement, lease or other financial
compensation agreement issued by the County or an
awarding agency, where such compensation is one hundred
percent (100%) funded by the County, shall submit a
completed sworn affidavit (under penalty of perju~), the
form of which is attacbed, certifying that they have
ARTICLE IV
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal EnforcementJInc. Town of Southold
complied, in good faith, with the requirements of Title 8 of
the United States Code Section 1324a with respect to the
hiring of covered employees (as defined) and with respect
to the alien and nationality status of the owners thereof.
The affidavit shall be executed by an authorized
representative of the covered employer or owner, as the
case may be; shall be part of any executed contract,
subcontract, license agreement, lease or other financial
compensation agreement with the County; and shall be
made available to the public upon request.
All contractors and subcontractors (as defined) of covered
employers, and the owners thereof, as the case may be, that
are assigned to perform work in connection with a County
contract, subcontract, license agreement, lease or other
financial compensation agreement issued by the County or
awarding agency, where such compensation is one hundred
percent (100%) funded by the County, shall submit to the
covered employer a completed sworn affidavit (under
penalty of perjury), the form of which is atiached,
certifying that they have complied, in good faith, with the
requirements of Title 8 oftbe United States Code Section
1324a with respect to the hiring of covered employees and
with respect to the alien and nationality status oftbe
owners thereof, as the case may be. The affidavit shall be
executed by an authorized representative of the contractor,
subcontractor, or owner, as the case may be; shall be part
of any executed contract, subcontract, license agreement,
lease or other financial compensation agreement between
the covered employer and the County; and shall be made
available to the public upon request.
An updated affidavit shall be submitted by each such
employer, owner, contractor and subcontractor no later
than January 1 of each year for the duration of any contract
and upon the renewal or amendment of the Contract, and
whenever a new contractor or subcontractor is hired under
the terms oftbe Contract.
The Contractor acknowledges that such filings are a
material, contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach
of the Contract.
Under the provisions oftbe Lawful Hiring of Employees
Law, the County shall have the authority to terminate the
Contract for violations of this Law and to seek other
remedies available under the law.
The documentation mandated to be kept by this law shall at
all times be kept on site. Employee sign-in sheets and
register/log books shall be kept on site at all times during
working hours and all covered employees, as defined in the
law, shall be required to sign such sign-in
sheets/register/log books to indicate their presence on the
site during such working hours.
Required Forms:
Suffolk County Lawful Hiring of Employees Law Form
LHE-I; entitled "Suffolk County Department of Labor
Notice Of Application To Certify Compliance With
Federal Law (8 U.S.C. SECTION 1324a) With Respect To
17 of 26 pages
IFMS No. SC PRO 00000004755
Lawful Hiring of Employees."
"Affidavit Of Compliance With The Requirements Of 8
U.S.C. Section 1324a With Respect To Lawful Hiring Of
Employees" Form LHE-2.
Gratuities
It shall be the duty oftbe Contractor to read, become
familiar with, and comply with the requirements of Chapter
386 oftbe Suffolk County Code.
The Contractor represents and warrants that it has not
offered or given any gratuity to any official, employee or
agent of the County or the State or of any political party,
with the purpose or intent of securing an agreement or
securing favorable treatment with respect to the awarding
or amending of an agreement or the making of any
determinations with respect to the performance of an
Prohibition Against Contracting with Corporations
that Reincorporate Overseas
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of sections
A4-13 and A4-14 of Article IV of the Suffolk County
Code.
The Contractor represents that it is in compliance with
sections A4-13 and A4-14 of Article 1V of the Suffolk
County Code. Such law provides that no contract for
consulting services or goods and services shall be awarded
by the County to a business previously incorporated within
the U.S.A. that has reincorporated outside the U.S.A.
Child Sexual Abuse Reporting Policy
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
IV of Chapter 577 of the Suffolk County Code.
The Contractor shall comply with Article IV of Chapter
577, of the Suffolk County Code, entitled "Child Sexual
Abuse Reporting Policy," as now in effect or amended
hereafter or of any other Suffolk County Local Law that
may become applicable during the term oftbe Contract
with regard to child sexual abuse reporting policy.
Non Responsible Bidder
It shall be the duty of the Contractor to read, become
familiar with, and comply with thc requirements of Article
Il of Chapter 143 oftbe Suffolk County Code.
Upon signing the Contract, the Contractor certifies that it
has not been convicted of a criminal offense within the last
ten (10) years. The term "conviction" shall mean a finding
of guilty after a trial or a plea of guilty to an offense
covered under the provision of section 143-5 oftbe Suffolk
Couniy Code under "Noaresponsible Bidder."
ARTICLE IV
Rev. 4-18-11 (2 col); Law No. 11-PR-037 IFMS No. SC PRO 00000004755
STOP-DWI Municipal Enforcement/Inc. Town of Southold
10.
11.
12.
Use of Funds in Prosecution of Civil Actions
Prohibited
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of section
590-3 of Article 111 of Chapter 590 of the Suffolk County
Code.
The Contractor shall not use any oftbe moneys, in part or
in whole, and either directly or indirectly, received under
the Contract in connection with the prosecution of any civil
action against the County in any jurisdiction or any judicial
or administrative forum.
Youth Sports
It shall be the duty of the Contractor to read, become
familiar with, and comply with Article III of Chapter 419
of the Suffolk County Code.
All contract agencies that conduct youth sports programs
are required to develop and maintain a wrii~en plan or
policy addressing incidents of possible or actual concussion
or other head injuries among sports program participants.
Such plan or policy must be submitled prior to the award of
a County contract, grant or funding. Receipt of such plan
or policy by the 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 plan 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. If no Memorandum
of Umlerstanding ("MOU") with the Suffolk County
Department of Labor for work experience is in effect at the
beginning of the Term of tbe Contract, the Contractor, if it
is a not-for-profit or governmental agency or institution,
shall enter into such MOIU as soon as possible after the
execution of the Contract and failure to enter into or to
perform in accordance with such MOU shall be deemed to
be a failure to perform in accordance with the Contract, for
which the County may withhold payment, terminate the
Contract or exercise such other remedies as may be
appropriate in the circumstances.
Suffolk County Local Laws Website Address
Suflblk County Local Laws, Rules and Regulations can be
accessed on the Suffolk County website by following the
County's Ez link to the Laws of Suffolk County.
18 of 26 pages
ARTICLE IV
End of Text for Article IV
Rev. 4-18-11 (2 col); Law No. 11-PR-037 IFMS No. SC PRO 00000004755
STOP-DWI Municipal EnforcementJlnc. Town of Southold
Article V
General Fiscal Terms and Conditions
1. General Payment Terms
Presentation of Suffolk County Payment
Voucher
In order for payment to be made by the County to
the Contractor for the Services, the Contractor
shall prepare and present a Suffolk County
Payment Voucher, which shall be documented by
sufficient, competent and evidential mai~er.
b. Voucher Documentation
The Suffolk County Payment Voucher shall list
all information regarding the Services and other
items for which expenditures have been or will
be made in accordance with the Contract. Either
upon execution &the Contract (for the Services
already rendered and expenditures already
made), or not more than thirty (30) days after the
expenditures were made, and in no event after the
31~ day of January following the end of each
year of the ConWact, the Contractor shall furnish
the County with detailed documentation in
support oftbe payment for the Services or
expenditures under the Contract e.g. dates oftbe
Service, worksite locations, activities, hours
worked, pay rates and all program Budget
categories. The Suffolk County Payment
Voucher shall include time records, certified by
the Contractor as true and accurate, of all
personnel for whom expenditures are claimed
during the period. Time and attendance records
ora project director, if any, shall be certified by
the Chairperson, President or other designated
member of the Board of Directors of the
Contractor. All Suffolk County Payment
Vouchers must bear a signature as that term is
defined pursuant to New York State General
Construction Law §46 by duly authorized
persons, and certification &such authorization
with certified specimen signatures thereon must
be filed with the County by a Contractor official
empowered to sign the Contract. Disbursements
made by the Contractor in accordance with the
Contract and submiited for reimbursement must
be documented and must comply with accounting
procedures as set forth by the Suffolk County
Department &Audit and Control.
Documentation, including any other form(s)
required by County or the Suffolk County
Department of Audit and Control, shall be
furnished to the County pursuant to, and as
limited by, the Regulations for Accounting
Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
addition to any other remedies that the County
may have, failure to supply the required
19 of 26 pages
ARTICLE V
Co
documentation will disqualify the Contractor
from any further County contracts.
Payment by County
Payment by the County shall be made within
thirty (30) days after approval oftbe Suffolk
County Payment Voucher by the Comptroller.
Budget Modification
i.)
The parties shall use the Contract
Budget Modification Request form
("Budget Modification") for revisions
to the Budget and Services not
involving an increase to the total cost
of the Contract. The Contractor shall
submit to the County the Budget
Modification proposed revisions for
either Budget or tbe Services. Such
request must be made in advance 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 the Budget
Modification form. The Contractor
shall return it to the County for
execution.
iii.)
Upon complete execution of the
Budget Modification form, the County
shall return a copy to the Contractor.
The revision shall not be effective until
the Budget Modification is completely
executed.
iv.)
The Budget Modification form may be
submitted only twice per calendar year
and may only be submitted prior to
November 15~ of that year.
Budget and/or Services Revisions
i.)
ii.)
The parties shall use the Contract
Budget/Services Revision Approval
Form (Budget/Services Revisions) for
revisions to the Budget and Services
involving any change to the total cost
oftbe Contract due to a resolution of
the Legislature, changes to the
County's adopted annual budget, or for
any other reason necessitating revisions
to the Budget or Services.
When the County and the Contractor
agree as to such revisions, the
Contractor shall execute the
Budget/Services Revisions form. The
Contractor shall return it to the County.
Rev. 4-18-1t (2 col); Law No. 11-PR-037 IFMS No. SC PRO 00000004755
STOP-DWI Municipal EnforcementJlnc. Town of Southold
iii.)
Upon complete execution of the form
by the parties, the County shall return a
copy to the Contractor. The revision
shall not be effective until the Budget
/Services Revisions is completely
executed.
Taxes
The charges payable to the Contractor under the
Contract are exclusive of federal, state, and local
taxes, the County being a municipality exempt
from payment of such taxes.
g. Final Voucher
The acceptance by the Contractor of payment of
all billings made on the final approved Suffolk
County Payment Voucher shall operate as and
shall be a release of the County from all claims
by the Contractor.
Subject to Appropriation of Funds
The Contract is subject to the amount of funds
appropriated and any subsequent modifications
thereof by the Legislature, and no liability shall
be incurred by the County beyond the amount of
funds appropriated by the Legislature for the
Services.
bo
lftbe County fails to receive Federal or State
funds originally intended to pay for the Services,
or to reimburse the County, in whole or in part,
for payments made for the Services, the County
shall have the sole and exclusive right to:
i.) determine how to pay for the Services;
ii.)
determine future payments to the
Contractor; and
iii.)
determine what amounts, if any, are
reimbursable to the County by the
Contractor and the terms and
conditions under which such
reimbursement shall be paid.
The County may, during the Term, impose a
Budget Deficiency Plan. In the event that a
Budget Deficiency Plan is imposed, the County
shall promptly notify the Contractor in writing of
the terms and conditions thereof, which shall be
deemed incorporated in and made a part of the
Contract, and the Contractor shall implement
those terms and conditions in no less than
fourteen (14) days.
20 of 26 pages
Personnel Salaries, Pension and Employee Benefit
Plans, Rules and Procedures
Upon request, the Contractor shall submit to the
County a current copy, certified by the
Contractor as true and accurate, of its
i.) salary scale for all positions listed in
the Budget;
ii.) personnel rules and procedures;
iii.)
pension plan and any other employee
benefit plans or arrangements.
The Contractor shall not be entitled to
reimbursement for costs under any pension or
benefit plan the Comptroller deems commercially
unreasonable.
Notwithstanding anything in this paragraph 3 of
this Article V, the County shall not be limited in
requesting such additional financial information
it deems reasonable.
Accounting Procedures
The Contractor shall maintain accounts, books,
records, documents, other evidence, and
accounting procedures and practices which
sufficiently and properly reflect all direct and
indirect costs of any nature expended in the
performance of the Contract, in accordance with
generally accepted accounting principles and
with rules, regulations and financial directives, as
may be promulgated by the Suffolk County
Department of Audit and Control and the
Department. The Contractor shall permit
inspection and audit of such accounts, books,
records, documents and other evidence by the
Department and the Suffolk County Comptroller,
or their representatives, as often as, in their
judgment, such inspection is deemed necessary.
Such right of inspection and audit as set forth in
subparagraph b. below shall exist during the
Term and for a period of seven (7) years after
expiration or termination of the Contract.
The Contractor shall retain all accounts, books,
records, and other documents relevant to the
Contract for seven (7) years after final payment
is made by the County. Federal, State, and/or
County auditors and any persons duly authorized
by the County shall have full access and the right
to examine any of said materials during said
period. Such access is granted notwithstanding
any exemption from disclosure that may be
claimed for those records which are subject m
nondisclosure agreements, trade secrets and
commercial information or financial information
that is privileged or confidential.
ARTICLE V
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal Enforcement/Inc. Town of Southold
The Contractor shall utilize the accrual basis of
accounting and will submit all financial reports
and claims based on this method of accounling
during the Term.
5. Audit of Financial Statements
All payments made under the Contract are
subject to audit by the Comptroller pursuant to
Article V of the Suffolk County Charter. The
Contractor further agrees that the Comptroller
and the Department shall have access to and the
right to examine, audit, excerpt, copy or
transcribe any pertinent transactions or other
records relating to services under the Contract. If
such an audit discloses overpayments by the
County to the Contractor, within thirty (30) days
after the issuance of an official audit report by
the Comptroller or his duly designated
representatives, the Contractor shall repay the
amount of such overpayment by check to the
order of the Suffolk County Treasurer or shall
submit a proposed plan of repayment to the
Comptroller. lftbere is no response, or if
satisfactory repayments are not made, the County
may recoup overpayments from any amounts due
or becoming due to the Contractor from the
County under the Contract or otherwise.
The provisions of this paragraph shall survive the
expiration or termination of the Contract.
6. Financial Statements and Audit Requirements
Nolwithstanding any other reporfing or
certification requirements of Federal, State, or
local authorities, the Contractor shall obtain the
services of an independent licensed public
accountant or certified public accountant (the
"Auditor") to audit its financial statements for
each Contractor's "fiscal year" in which the
Contractor has received, or will receive, three
hundred thousand ($300,000.00) dollars or more
from the County, whether under the Con~act or
other agreements with the County, and shall
submit a report to the County on the overall
financial condition and operations of the
Contractor, including a balance sheet and
statement of income and expenses, attested by
the Auditor as fairly and accurately reflecting the
accounting records oftbe Contractor in
accordance with generally accepted accounting
principles. The Contractor may solicit requests
for proposals from a number of qualified
accounting finns 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:
21 of 26 pages
ARTICLE V
IFMS No. SC PRO 00000004755
i.) a current license issued by
the New York State
Education Department;
ii.) sufficient auditing experience
in the not-for-profit,
governmental or profit-
making areas, as applicable;
and
iii.) a satisfactory peer review
issued within not more than
three (3) years prior to the
date when the Auditor was
selected to conduct the audit.
The audit must be conducted in accordance with
generally accepted governmental auditing
standards. Financial statements must clearly
differentiate be~veen County-funded programs
and other programs that the Contractor may be
operating. The use of subsidiary schedules
should be encouraged for this purpose. The
Auditor must also prepare a Management Letter
based on the audit.
In the event the Contractor is a not-for-profit
organization or unit of local government and
expends five hundred thousand ($500,000.00)
dollars or more of Federal monies, whether as a
recipient expending awards received directly
from Federal awarding agencies, or as a
subrecipient expending Federal awards received
from a pass-through entity, such as New York
State or Suffolk County, during any fiscal year
within which it receives funding under the
Contract, the audit must be conducted, and the
audit report ("Single Audit Report") must be, in
accordance with OMB Circular No. A-133
(revised June 27, 2003). Single Audit Reports
must also be submitted to the designated
clearinghouse, cognizant agency and/or pass-
through entity, to the extent required by the
OMB Circular referred to above.
The Contractor must submit to the County a
statement in writing, certified by its chief
financial officer, which states the amount of
Federal funding expended by the Contractor
during such fiscal year. Tl~e Contractor must
mail or deliver the certified statement to the
Department and to the Executive Director of
Auditing Services, Suffolk County Department of
Audit and Control, H. Lee Dennison Building,
100 Veterans Memorial Highway, P. O. Box
6100, Hauppauge, New York 11788-0099, as
soon as possible after the end oftbe Contractor's
fiscal year. The statement must include all
Federal funding received directly from the
Federal government and all Federal funds passed
through from the County and other pass-through
entities.
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal Enforcement/Inc. Town of Southold
Copies of all financial statements, Management
Letrers, Single Audit Reports and other audit
reports must be transmii~ed to the County and to
the Executive Director of Auditing Services at
the address set forth above. The reports must be
submitted within thirty (30) days after
completion of the audit, but in no event later than
nine (9) months after the end of the Contractor's
fiscal year, to which the audit relates.
These requirements do not preclude the County,
the Comptroller, or their authorized
representatives, or Federal or State auditors from
auditing all records of the Contractor. Therefore,
the records of the Contractor must bo made
available to authorized representatives of
Federal, State and County government for that
purpose.
The provisions of this paragraph shall survive the
expiration or termination of the Contract.
7. Furniture, Fixtures, Equipment, Materials, Supplies
Purchases, Rentals or Leases Requiring Prior
Approval
Prior to placing any order to purchase, rent or
lease any furniture, fixtures, or equipment valued
in excess of one thousand dollars ($1,000.00) per
unit for which the Contractor will seek
reimbursement from the County, the Contractor
shall submit to the County a written request for
approval to make such a proposed purchase,
rental or lease, with a list showing the quantity
and description of each item, its intended
location and use, estimated unit price or cost, and
estimated total cost of the proposed order.
Written approval of the 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.)
The Contractor shall follow the general
practices that are designed to obtain
furniture, fixtures, equipment,
materials, or supplies at the most
reasonable price or cost possible.
ii.)
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 Conttact. If
the County exercises this right, the
amount budgeted for the items so
purchased or obtained by the County
22 of 26 pages
ARTICLE V
IFMS No. SC PRO 00000004755
for the Contractor shall not be available
to the Contractor for any purpose
whatsoever. Title to any such items
purchased or otherwise obtained by the
County for the programs encompassed
by the Contract and entrusted to the
Contractor, shall remain in the County.
iii.)
The County shall retain a proprietary
interest in all furniture, removable
fixtures, equipment, materials, and
supplies purchased or obtained by the
Contractor and paid for or reimbursed
to the Contractor pursuant to the terms
of the Contract or any prior agreement
between the parties.
iv.)
The Contractor shall attach labels
indicating the County's proprietary
interest or title in all such property.
County's Right to Take Title and Possession
Upon the termination or expiration &the
Contract or any renewal thereof, the
discontinuance of the business of the Contractor,
the failure of the Contractor to comply with the
terms of the Contract, the bankruptcy of the
Contractor, an assignment for the benefit of its
creditors, or the failure of the Contractor to
satisfy any judgment against it within thirty (30)
days of filing oftbe judgment, the County shall
have the right to take title to and possession of all
furniture, removable fixtures, equipment,
materials, and supplies and the same shall
thereupon become the property of the County
without any claim for reimbursement on the part
of the Contractor.
Inventory Records, Controls and Reports
The Contractor shall maintain proper and
accurate inventory records and controls for all
such furniture, removable fixtures and equipment
acquired pursuant to the Contract and all prior
agreements between the parties, if any. Three (3)
months before the expiration date oftbe
Contract, the Contractor shall make a physical
count &all items of furniture, removable fixtures
and equipment in its custody, checking each item
against the aforesaid inventory records. A report
setting forth the results of such physical count
shall be prepared by the Contractor on a form or
forms designated by the County, certified and
signed by an authorized official of the
Conttactor, and one (1) copy thereof shall be
delivered to the County within five (5) days after
the date set for the aforesaid physical count.
Within five (5) days after the termination or
expiration date of the Contract, the Contractor
shall submit to the County six (6) copies of the
same report updated to such date of the Contract,
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal Enforcement/Inc. Town of Southold
certified and signed by an authorized official of
the Contractor, based on a physical count of all
items of furniture, removable fixtures and
equipment on the aforesaid expiration date, and
revised, if necessary, to include any inventory
changes during the last throe (3) months oftbe
10.
Proteclion of Property in Contractor's
Custody
The Contractor shall maintain vigilance and take
all reasonable precautions to protect the fumiture,
fixtures, equipment, material or supplies in its
custody against damage or loss by fire, burglary,
theft, disappearance, vandalism, or misuse. In the
event of burglary, theft, vandalism, or
disappearance of any item of furniture, fixtures,
equipment, material or supplies, the Contractor
shall immediately notify the police and make a
record thereof, including a record oftbe results of
any investigation which may be made thereon.
In the event of loss of or damage to any item of
furniture, fixtures, equipment, materials, or
supplies from any cause, the Contractor shall
immediately send the County a detailed written
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
Contractor shall make access available and
render all necessary assistance for physical
removal by the County or its designee &any or
all furniture, removable fixtures, equipment,
materials or supplies in the Contractor's custody
in which the County has a proprietary interest, in
the same condition as such property was received
by the Contractor, reasonable wear and tear
excepted. Any disposition, settlements or
adjustments connected with such property shall
be in accordance with the rules and regulations of
the County and the State of New York.
8. Lease or Rental Agreements
If lease payments or rental costs are included in the Budget
as an item of expense 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.
9. Statement of Other Contracts
Prior to the execution oftbe Contract, the Contractor shall
23 of 26 pages
IFMS No. SC PRO 00000004755
submit a Statement of Other Contracts to the County,
which shall be attacbed as an exhibit to the Contract. If the
Contract is amended during the Term, or if the County
exercises its option right, the Contractor shall attach a then
current Statement of Other Contracts.
Miscellaneous Fiscal Terms and Conditions
a. Limit of County's Obligations
The maximum amount to be paid by the County
is set forth on the first page of the Contract.
b. Duplicate Payment from Other Sources
Payment by the County for the Services shall not
duplicate payment received by the Contractor
from any other source.
c. Funding Identification
The Con~xactor shall promptly submit to the
County upon request, a schedule for all programs
funded by thc 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 oftbe
Contract, it is the intent oftbe County that the
terms and conditions of the Contract shall not
limit the Contractor from applying for and
accepting outside grant awards or fi.om providing
additional educational activities/services which
may result in the Contractor incurring additional
costs, as long as the following conditions are
met:
i.)
ii.)
iii.)
iv.)
The County is not the Fund Source for
the additional services;
Sufficient funding is available for or
can be generated by the Contractor to
cover the cost incurred by the
Contractor to provide these additional
services; and
If sufficient funding is not available or
cannot be generated, the County shall
not be held liable for any of the
additional costs incurred by the
Contractor in furnishing such
additional services.
Prior to scheduling any such additional
services on County-owned properly,
the Contractor shall obtain written
County approval. The Contractor shall,
to the County's satisfaction, submit any
documentation requested by the
Department reflecting the change, and
ARTICLE V
Rev. 4-18-11 (2 col); Law No. 11-PR-037
STOP-DWI Municipal EnforcementJlnc. Town of Southold
identify the additional services to be
provided and the source of funding that
shall be utilized to cover the
expenditures incurred by the Contractor
in undertaking the additional services.
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 Contractor submits documentation
in the manner and form as shall be required by
State and/or Federal agency, lflate submission
of claims precludes the County from claiming
State or Federal reimbursement, such late claims
by the Contractor shall not be paid by the County
subject to subparagraph g. below, if, for any
mason, the full amount of such funding is not
made available to the County, the Contract may
be terminated in whole or in part, or the amount
payable to the Contractor may be reduced at the
discretion oftbe County, provided that any such
termination or reduction shall not apply to
allowable costs incurred by the Contractor prior
to such termination or reduction, and provided
that money has been appropriated for payment of
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
at~cr 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
thc expiration or termination oftbe Contract.
24 of 26 pages
ARTICLE V
ho
IFMS No. SC PRO 00000004755
Budget
The Contractor expressly represents and agrees
that the Budget lists all revenue, expenditures,
personnel, personnel costs and/or all other
relevant costs necessary to provide the Services.
Payment of Claims
Upon receipt of a Suffolk County Payment
Voucher, the County, at its discretion, may pay
the Contractor during the Term, in advance, an
amount not to exceed one sixth (1/6) oftbe
maximum amount to be paid by the County set
forth on the first page of the Contract.
Payments Limited to Actual Net Expenditures
The Contractor agrees that if, for any reason
whatsoever, the Contractor shall spend during the
Term for the purposes set forth in the Contract an
amount less than, or receive amounts more than,
provided in the Budget, the total cost of the
Contract shall be reduced to the net amount of
actual Contractor expenditures made for such
purposes. The total amount to be paid by the
County shall not exceed the lesser of(i) actual
net expenditures or (ii) the total cost oftbe
Contract on the cover page and in the Budget.
Upon termination or expiration oftbe Contract, if
the Contractor's total amount of allowable
expenses is less than the total amount of the
payments made during the Term, the Contractor
shall prepare a check payable to the Suffolk
County Treasurer for the difference between the
two amounts and submit such payment to the
County, along with the final Suffolk County
Payment Voucher.
Travel Costs
Reimbursement to the Contractor for travel costs
shall not exceed amounts allowed to County
employees.
Attendance at Conferences
All conferences that are partially or fully funded
by the County that the Contractor's staffwishes
to attend must be pre-approved, in writing, by the
County and must be in compliance with Suffolk
County Standard Operating Procedure A-07 and
Executive Order No. 4-2004.
Salaries
The Contractor shall not be eligible to receive
any salary reimbursement until proof of deposit
or payment of all withholding and payroll taxes
to the Federal/State governments has been
provided to the County.
Rev. 4-18-1t (2 col); Law No. 11-PR-037 IFMS No. SC PRO 00000004755
STOP-DWI Municipal Enforcement/Inc. Town of Southold
n. Salary lncreases
No salary, wage, or other compensation for the
Services shall be increased over the amount
stated in the Budget without the prior wriilen
approval of the County.
o. Contractor Vacancies
The Couniy shall have the right of prior approval
of the Contractor's filling of any vacant position
as of the date of execution of the Contract or as
may thereafter 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.
No Limitation On Rights
Notwithstanding anything in this Article V to the
contrary, the County shall have available to it all
fights and remedies under the Contract and at law
and equity.
Comptroller's Rules and Regulations
The Contractor shall comply with the
"Comptroller's Rules and Regulations for
Consultant's Agreements" as promulgated by the
County Department of Audit and Control and any
amendments thereto during the Term. The
County shall provide the Contractor with a copy
of any amendments to the "Comptroller's Rules
and Regulations for Consultant Agreements"
during the Term.
End of Text for Article V
25 of 26 pages
ARTICLE V
Rev. 4-18-11 (2 col); Law No. II-PR-037
STOP-DWI Municipal Enforcement/Inc. Town of Southold
Exhibits
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
IFMS No. SC PRO 00000004755
Living Wage
Union Certification
Lawful Hiring
Certification Regarding Lobbying
Budget Modification Request
Budget/Services Revisions Approval
Standard Operating Procedure A-07 Amendment 1
and Executive Order 4-04
Comptroller's Rules and Regulations for Consultant's Agreements
Forms
26 of 26 pages
EXHIBIT 1
NOTE:
Photocopies of
LW-38, LW-1, & Addendum to LW-1
To be inserted here
EXHIBIT 2
NOTE:
Photocopies of
Union Certification Form (DOL-L01- 2 pages)
To be inserted here
EXHIBIT 3
NOTE:
Photocopies of
Lawful Hiring Forms (LHE~i & LHE-2)
To be inserted here
EXHIBIT 4
NOTE:
Photocopies of
Certification Regarding Lobbying
To be inserted here
Page __ of __
By:
Tg~e
Date
<-- Plaoe an "X" In the,box Ii' pereonne am a#ected *
Expense Change'"
Code ,Line I~m ~.Befmq ~ After + or -
126 Staffing,:, Health Centers Only
128/'148 Fa'age Beneflte -
tsL Foe For Salvias
200
3001499 O.T.P.S.
emee E~en~e c 0
....... Net Cordmct g 0
NET CHANGE
~t fg ~ shall not be deemed to change any condition or provision
in Ihs said agreement.
By: By:
Name: Nome:
Tgte: Tilts: DMs;on Dffecter
Depadment: HeallhServlcoe Depsdment: HealthSewlcos
Date: Date:
FOR THE COUNTY OF SUFFOLK FOR THE AGENCY'
APPROVED: APPROVED:
By:
Title:
Date:
Note: This form ts not te bo used lo affect any net Inoreese In tho budget
InMmoffons .'
Send five copies with original slgnaturns te the F. xpenditem UnlL One copywill be returned if approved.
* Detoll Pmeoenel ~ffected on Peraonnel Modl~cagon Request Form.
HS-CM (8/01) Form EM-I Conl~ol Number
File: BM-4
Department of Health Services
Expenditure Unit
Budget Modification Request
CONTRACT ~ODE
The Program Budget conla~ned In Agreement # Agree # for Ihs Budget
padod Opening Cate* through Closing Date* between the County of Suffolk
end Replaco this wllh agency & contrenl name la hereby amended ns follows:
Count~ of Suffolk
Department o! Health 8ervlcec
Expenditure Unit
Personnel Modlftcafton Requeat
Pereonnnl Expense Oode 11L
Thl~ form must be allached lo Conlmot Bud~.l MedJilcatlon Requeel In order lo be pror, eused.
Page
In the ~ald 8greement. ~hnll not be deemed to chanpe any eandlllon or provision
Note: This form le not to be used to 8ffee! nny nnt lnoreaea In budget
H$-CM (3/96) Form PM-1
File: EM-t
Expense .... --~ Before .......... ~ After---- Change
Code Po$itlea Ti!!q, ?ds Hr. Amount Pde Hr8 , Amour~
County of Suffolk
Depurtrqeot of Health tlerVlcee
Expenditure Unit
PoY~onnel Modification Request
Pereunrm] Expenee Code 1t8~
Th;s ~rm mum be allac~d ~ Con,mci B~get Modlfl~llon Request In ~der to bs pressed,
H$.CM (3/96) Form PM-t
File: BM-~
Expen.e ...... -~ Refo~e ..... ' '-----$ Aflero ..... Change
COde Change position to, Pals Hfs Amount Pals Hra AnlouN + or-
Total Peraonnel
County o! 8uffolk
Depa~ment of Henlth Ben/l~ea
Expsndlture Unit
Budget Modiflo~Uon Request
F~nge Benefll~
Expense Clmnge
3ode Unn Item ; Bdore ~ After + or-
Tolel Frln~le B'eneflle
I~lnle: Thin fcrm 18 lint to be used Io ef~sel any net Increase In budget
HB.CM (~/~6) FormaM.2
The Form Below Is For Listing Fen For Service Line Items Only
County of Sulfo]k
Department of Heall# Services
Enpsndllure Unit
Budget Modification Requont
Fee For Service
Page ~ of__
Expense Change
Code Line Ih)m ; Bel'ore $ After + or-
TolaI Fee For So,vise g 0
q ~w,, this budgd
In the said agreement.
1ell ~ot bo deemed to change any condition or provision
Hole: This form Is not to be used to nffoc~ any fist Increase In budget
HS-CM (it/0'l) Form BM-2
File; BM-3
F::~ Enter fha Total Equipment budget at line '19. Enter details of equipment request starling at line 20
NO ENTRY SHOULD BE MADE ON LINES t 7 OR tS.
Thla Form le For Equipment Modification Only.
Depal~men! of Heallb Services
Expundllure Unit
Budget Modification Raqueet
Equipment
Page __ of __
Expense Change
~ Uno imm ; Before ~ A~t~r + or .
2~ To~I E~ul~ent
ToMI A~;~i~ad Eq~ent C 0
i, Ihla budgel ~.uu;,';uallan shell not be deemed ia change any oondll on or prey elan
In the said agreement.
Note: 'Thre form (s not Io be used to effeot any net Increase In budget
HS-CM (glOJ) Form BM-2 (eq)
File: BM-3
The Form E~elow Is For Lletrno O.T.P.$. Line Items (Codas 300/499) Onfy
Count, of Suffolk
Deparlment of Heslih Servlces
Expenditure Unit
Budget Madlfh:&tlon Request
O. T, P. 8. · (Code8 300/469)
Page__ o1'~
Expanse Chan~e
Cads Line Item, , : Before $ After + or-
401; :)THER
Total O. ¥.P.a. C 0
in the said agreement, be deemed to change any nendltton or provision
Note: This form le not to be used to affect any net Increase In budget
H$-CM (8/01) Form ~qM-2
File: BM-3
Contractor:
Contract Budget/Program Description Approval Form
Revision No.
Agreement No. HSV 001-
Agreement Period: Law No.:
Date last exe(3uted/amended: Budget Period to which this revision applies: ,,,
Items that are being changed by this revision:
Budget: Adoptlr~g __ Revising
Pseudo Code; New Bud,qet amount'. . Amount of Increase/Decrease:
Program:
Deleted:
Other Changes: (identify):
Added:
Supporting documentation attached: Resolution,, Budget,, ' Program Narrative Other
Deparlmeet of Health Services Approvals:
Contractor: For the Commlasloner: '
By: By:'
Name: Name:
Title: Title:
Date Date ....
Federal Tax I,D.#:
County Executive Budget Office:
By:
Name:
Title:
Date
Finance Unit:
By:
Name:
Title:
Date
Division:
By:
Name:
Title:
Date
EXHIBIT 7
~x~ Amendment!
~(~ ~ ~ ~ STANDARD
~'~ PROCEDU~
OFFICE OF ~IE COUN~ EXEC~IVE STEVE LE~
TRAVEL~ CONFERENCE~ AND ]PIEETING ATil~NDANCE
THIS SOP SUPERSEDES THE SHEETS IN THE SOP
MANUAL THAT IS IDENTIFIED 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
DOCUMENT.
1. Purpose: ]'his SOP dclails how employees can obtain approval for conference
attendance, travel out of Suffolk County during county time for conferences or
seminars, and government related meetings with an overnight stay.
2. Scope: qihis SOP applies to all County Employees in all county departments,
offices, or agencies.
3. Nature of Changes: ]'his procedure amcnds thc previous version dated 3/22/04. Thc
new procedure will require the booking of hotel accommodations, renlal cars,
airplane travel, and AMTRAK be handled lhrough a designated travel agency.
4. Definitions:
(l) A Conference is defined as a large group of people assembling together to
discuss a wide range of topics. The Annual New York Slate Association of
Counties Conference is an example of a conference.
(2) A Mcetin~ is defined as a one day, regularly scheduled or impromptu,
gathering of people l~br a specific purpose. A meeting of the Legislative
Subcommittee of the New York State Association of Counties is an example
ora meeting.
(3) A Seminal' is defined as a group of people asscmbling for education or
training related to performance ora one's job duties as a counly employee.
Procedure:
A, Conferences '
I) No more than two (2) persons from a deparnncnt will be permitted to attend a
conference, meeting, or seminar. Certain exceptions will be granted if' a
conference, meeting or seminar has programs with conflicting hours, if it requires
more than one person to attend, or if special circumstances warrant more
attendee~ (e.g., mandated training).
2) No reimbursement will be made for an overnight stay in New York City, Nassau
or Suffolk County. Employees will be required to commute to conferences,
meetings, and seminars in these locations. Reimbursement for meals shall be
limited to those instances in which it is required by binding legal obligation.
3) An application for conference attendance, and travel, Executive Form 10, must be
submitted so that it arrives at the County Executive's Budget Office at least two
weeks prior to the conference date. If an emergency need to attend a conference
arises, the form should be faxed to the Deputy County Executive for Finance and
Management for approval. Any applications submitted less than two (2) weeks
prior to the conference date shall be automatically denied, unless a documented
emergency caused by an unforeseen event beyond the control of the applicant has
caused the delay in filing the application.
In no circumstances should an employee attend a conference before the
conference form has been approved. There 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.
4) All travel needing hotel accommodations, airline travel, car rental, and AMTRAK
shall be arranged through a designated travel agency.
5) Supporting information such as brochures, program descriptions, itineraries,
documentation, fees, rationale, application, etc., must be submitted with
Executive Form # 10.
6) The Rules and Regulations governing travel orders and accounts, promulgated by
the county Department of' Audit and Control, must be followed in preparing
Executive Form # 10.
7) The box indicating "Total Cost of this Conference" and the section at the bottom
indicating "Travel C'ost" and "Total Cost" should be filled in on all copies.
All applications for conference attendance will be returned to the respective deparnnent,
office or agency if any of the above procedures have not been adhered to.
COUNTY OF SUFFOLK
Steve Levy
SUFFOLK COUNTY EXECUTIVE
H. Lee Denni,e,~n l~ecutive Office BulIMIn_~ .
100 Ve~ ~ ~y
P.O. Box 6100
Haup~e ~ 11788~9
(631)) 8S3~0
EXECUTIVE ORDER NO. 4-2004
TO:
FROM:
RE:
All Department Heads
Hon. Steve Levy, Suffolk County Executive
Travel Vouchers
Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be advised that any
requests for approval or payment for travel under Sections 2-16 and 3-2 of the SUFFOLK
COUNTY ADMINISTRATIVE CODE shall not be approved by the County Executive unless
it secures the approval of the Chief .Deputy County Executive and Deputy County
Executive for Finance and Management.
All requests for such approvals s.~Jl be filed with the Chief Deputy County Executive.
· STE~VE~EV'Y ~,'
County Executive of Suffolk Cou~
cc: Henry L. Barton, Jr., Clerk of the Legislature
EO4mvel-vo uohers-4-2004
COUNTY OF SUFFOLK
OFFICE OF THE COUNTY EXECUTIVE
Steve Levy
COUNTY EXECUTIV~
EXECUTIVE ORDER NO. 1-2005 AMENDING EXECUTIVE ORDER NO. 4-2004
TO:
FROM:
RE:
All Department Heads
Steve Levy, County Executive of Suffolk County
Travel Vouchers - Update
Please be advised that Executive Order No. 4-2004, Travel Vouchers, is hereby amended
to read as follows:
Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be
advised that any requests for approval or payment for travel under Sections
2-16 and 3-2 of the SUFFOLK COUNTY ADMINISTRATIVE CODE shall not
be approved by the County Executive unless it secures the approval of:
13 Paul Sabatino II, [the] Chief Deputy County Executive; and
[Deputy County Executive for Finance and Management]
Jeffrey Szabo, Deputy County Executive and Chief of Staff.
This Executive Order supersedes Executive Order No. 4-2004, Travel Vouchers.
DATED: March /~,~,/,2005.
COUNTY EXECUTIVE OF SUFFOLK COUNTY
] Brackets denote deletion of existing language.
Underlining denotes addition of new language.
CC:
Henry L. Barton, Jr., Clerk of the Legislature
Kevin S. Law, Esq., Chief Deputy County Executive for Administration and
General Counsel
Paul Sabatino II, Esq., Chief Deputy County Executive
Frederick B~ Pollert, Deputy County Executive for Finance and
Management
Jeffrey Szabo Deputy County Executive and Chief of Staff
Jeanine Dillon, Assistant Deputy County Executive
Adam Santiago, County Executive Assistant, Intergovernmental Relations Division
Amy Engel, County Executive Assistant
Executive's Technology Unit
EO-1-2005-Travel. Vouchers-updated
COUNTY OF SUFFOLK
OFFICE OF THE COUNTY EXECUTIVE
Steve Levy
COUNTY EXECUTIVE
EXECUTIVE ORDER NO, 1A-2005 AMENDING EXECUTIVE ORDER NO. 4-2004
TO:
FROM:
RE:
All Department Heads
Steve Levy, County Executive of Suffolk County
Travel Vouchers - Update
Please be advised that Executive Order No. 4-2004, Travel Vouchem, is hereby amended
to read as follows:
Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be
advised that any requests for approval or payment for travel and related
expenses and attendance under Sections [2-16 and 3-2] 2-17 and 3-1 of the
SUFFOLK COUNTY ADMINISTRATIVE CODE shall [not] only be approved
by the County Executive [unless it secures the approval of] or by:
1 .) Paul Sabatino II, Chief Deputy County Executive; and
2.) Jeffrey Szabo, Deputy County Executive and Chief of Staff.
This Executive Order supersedes Executive Order No. 4-2004, Travel Vouchers.
DATED: Ju~___,~
STEVE~c~, --~- - /
COUN~ EXECUTIVE OF SUFFOLK COUNTY
[ ] Brackets denote deletion of existing language.
Underlining denotes addition of new language.
CC;
Henry L. Barton, Jr., Clerk of the Legislature
Kevin S. Law, Esq., Chief Deputy County Executive for Administration and
General Counsel
Paul Sabatino II, Esq., Chief Deputy County Executive
Frederick B. Pollert, Deputy County Executive for Finance and
Management
Jeffrey Szabo Deputy County Executive and Chief of Staff
Jeanine Dillon, Assistant Deputy County Executive
Adam Santiago, County Executive Assistant, Intergovernmental Relations Division
Amy Engel, County Executive Assistant
Executive's Technology Unit
EO-1A-2OO5-Travel-Vouchers-updated-lA
COUNTY OF SUFFOLK
DEPARTMENT OF AUDIT AND CONTROL
Comptroller's Rules and Regulations
for Consultant's Agreements
REV/SION D
EFFECTIVE 6/01/01
JOSEPH SAWlCKI, JR.
COUNTY COMPTROLLER
TABLE OF CONTENTS
Purpose
Scope
Definitions
Allowable Claims .................................................................................
Claim Submission ................................................................................
Out of Pocket Expenses ........................................................................
Sub-Contractor Claims .........................................................................
Certified Statements .............................................................................
EXHIBITS
EXHIBIT A County of Suffolk, Standard Payment Voucher
- FORM PV
EXHIBIT B Consultant's Time Summary
- FORM A& C 108 ..........................................
EXHIBIT C Consultant's Expense Summary
- FORM A & C 109 ..........................................
EXHIBIT D Employee's Overtime Expense Summary
- FORM A& C 110 ..........................................
1
1
1
1
2
4
6
7
9
10
11
12
-1-
1...purpose- This Manual establishes procedures for the reimbursement of -
expenditures for consultants under contract with the County.
2. Scope- These instructions apply to all County departments and agencies
utilizing consultant services.
'3. Definitions.
a. Consultant- An individual or firm engaged to provide outside professional
services to Suffolk County departments and agencies.
b. Consultant's Aqreement- A written contract describing the specific
services to be rendered by the consultant and the amount and terms of
payment for the services to be made by the County. The consultant's
agreement shall constitute the sole authorization for payment of claims. The
consultant's agreement shall be prepared in accordance with the County
Executive's Operating Procedures, SOP #1-05. Non-specific general purpose
or lump sum payment agreements are not recommended.
4. Allowable Claims- Only claims which are submitted for expenditures
specifically identified in the agreement will be approved for payment.
Generally, the agreement will stipulate a maximum fee for services rendered
which is based upon a rate per day or per hour. Accordingly, a rate schedule
is an integral part of each consultant's agreement. Increases will be allowed
only by amendment to the agreement. Out-of-pocket expenditures are
reimbursable if it is so stipulated in the consultant's agreement.
-2-
5. Claim Submission- Consultants should submit their claims for reimbursement
through the County department or unit responsible for the consultant's
assignment, using appropriate forms, as indicated below:
a. ,Claim Voucher- A County of Suffolk Standard Payment Voucher Form
FORM-PV (Exhibit A) must accompany each consultant claim. The claim
voucher should refer to the consultant's agreement under which payment is
requested and Indicate the category of expenses or contract covenant
applicable to th® claim voucher. It should be initialed by the departmental unit
representative under whose supervision or jurisdiction the work was
performed, signifying that the consultant has complied with all the terms and
conditions of the agreement under which the payment is requested. The
voucher must then be signed by the department head or his duly authorized
representative and forwarded to the Department of Audit and Control for
payment.
b. Consultant's Time Summary, Form A&C 108 (Exhibit B) - The Consultant's
Time Summary should be used to record daily hours worked by each staff
member of the consultant working on the project. Space is provided to record
and extend the hours and wages of each staff member assigned to the project
on one form. The completed Form A&C 108 must be signed by an authorized
individual of the consultant's firm. It should then be attached to FORM PV,
County of Suffolk Standard Payment Voucher Form. A copy of the
consultant's payroll register with a cover letter indicating the individuals
charged to the project for the claim period will be accepted as a substitute for
the Consultant's Time Summary.
-3-
c..Consultant's Expense Summary, Form A&C 109 (Exhibit C) - The
Consultant's Expense Summary should be used to detail expenses for travel,
meals, lodging or other necessary and reasonable out-of-pocket expenditures
incurred on the project. Each expense item should be documented by a
receipted bill, sales slip or invoice, which total the daily expenditures shown
on the form. The completed Form A&C 109 must be signed by an authorized
individual of the consultant's firm. It should then be attached to FORM Pr,
County of Suffolk Standard Payment Voucher Form.
d. Employee's Overtime Expense Summary, Form A&C 110, (Exhibit D)- The
County will reimburse employee overtime expenses only when there is a
contractual obligation to do so. The consultant must fill in all applicable
information for each day that overtime is claimed.
The County will reimburse overtime related expenses (mileage, taxi fare,
meals) only if these benefits are part of the company's own policy regarding
employee overtime and these expenses are a pass-through expense of the
company and ultimately paid to the employee. The consultant must provide
the County with a printed copy of its overtime policy in order to have such
claims considered.
The completed Employee's Overtime Expense Summary (FORM A&C 110)
must be signed by an authorized individual of the consultant's firm. It should
then be attached to FORM Pr, County of Suffolk Standard Payment Voucher
Form.
-4-
6. Out-of-Pocket Expense-~~ If these expenses are reimbursable under the .
consultant,s agreement, the following rules and guidelines should be
considered before incurring such expenses and submitting claims:
a. Meals- Meals are reimbursable under a consultant's contract only if the
purpose of the meal is valid, that is, authorized under the contract as
subsistence while traveling. Effective January 1, 1987, the per diem meal
allowance shall be in accordance with the current maximum reimbursement
rate for food as established by the U.S. General Services Administration for
the New York region. As published in IRS Publication 1542 per meal rates
shall be prorated. (2001 rate is $38.00 per diem including tax, prorated as
follows: $12.66 per meal: breakfast, lunch, and dinner.) Audit and Control
should be contacted for allowable rates for future fiscal periods. (Gratuities,
at a reasonable and customary rate, shall be reimbursed over and above the
stated limits.)
The County will not honor claims for the reimbursement of "business
meals" submitted by members of the consultant's firm who are not traveling
out of town (overnight) in performance of the contract. Where a consultant
meets the necessary criteria to be reimbursed for meals, no receipts will be
necessary but a certified statement will be required.
-5-
b. Lodgings- Effective January 1, 1987, claims for lodgings will be
reimbursed at a rate not to exceed the current maximum reimbursement rate
for lodging as established by the U.S. General Services Administration for the
New York region as published in the IRS Publication 1542 (2001 rate is $149.00
per diem, including taxes.) Claims for lodgings must be accompanied by paid
receipts. Audit and Control should be contacted for the allowable rate for
future fiscal periods.
c. Air Fare- Airfare will only be reimbursed at the economy coach rate and a
receipt will be necessary. Individuals choosing to fly first class will not be
reimbursed for the premium expenses incurred.
d. Milea.qe- The County will reimburse mileage claims in accordance with the
applicable current rate being allowed by the U.S. Internal Revenue Service
(2001 rate is $ .34 % per mile). Consultant must provide origin, destination and
miles traveled for each trip. Audit and Control should be contacted for the
allowable rate for future fiscal periods.
e. Taxis- Taxi fares up to $25.00 will be reimbursed based on actual receipt or
certified statement. Any taxi expenses in excess of $25.00 per trip will require
receipts. Receipts and certified statements shall include origin and
destination, as well as the purpose of the trip.
f. Subways and Buses (local)- A certified statement will be adequate
documentation for these expenses.
g. Tolls- Receipts or certified statements will be adequate documentation for
this expense.
-6-
h..Telephone Expense- Telephone expenses up to $25.00 per month will.be
reimbursed based on a receipt or certified statement. Telephone expenses
totaling over $25.00 will require copies of the telephone company bills with the
appropriate calls circled.
I. Photocopies- In lieu of a specific contract for photocopies, the County will
reimburse at a cost not to exceed $.15 per copy, including labor. A certified
statement will suffice for reimbursement.
7. Sub-Contractor Claims- When the consultant is authorized in the Consultant's
Agreement to hire a sub-contractor, the Comptroller's office should be
supplied a copy of the sub-contractor's agreement. Claims will not be
processed if they are not in compliance with the contract between the
Consultant and the County. The reporting requirements of the sub-contractor
will be the same as that of the Consultant. Details of all expenditures claimed
must be documented in the same manner. If the sub-contractor's agreement
with the Consultant is a lump-sum payment agreement, detailed
documentation reporting requirements are waived.
-7-
8. Certified Statements- When the consultant incurs minor travel or other out-of-
pocket expenses for which receipts are not available, he shall prepare an
itemized statement detailing the type and amount of expense, including the
time, date, and place incurred. After summarizing expenses claimed, the
consultant must add and sign the following certification terminology:
"1 DID INCUR THIS EXPENSES AS A RESULT OF BUSINESS CONDUCTED IN
RELATION TO THE CONTRACT WITH SUFFOLK COUNTY."
Signature of AUthorized Person
-9-
EXHIBIT A
County of Suffolk, New York - Payment Voucher
P.O. Box 6100, Hauppauge, NY 11788-0099 ~.~,~ ~
Vendor Codc (lO-i)
(02)
Cd (2) Nmal,~' (, t3 La (2)
I
{
329252 '
.:~.~ - ·
04
Additional Comments
SIGNEt3 DATE 1TI'LE
PAYEE'8 ,SIGNATURE TITLE NAME OF COMPANY
EXHIBIT B
COUNTY OF SUFFOLK
COUNSULTANT'S TlME SUMMARY
DEPARTMENT OF AUDIT & CONTROL- FORM A&C 108
CONSULTANT'S NAME PERIOD BEGINNING PERIOD ENDING
3 4 5 6 7 10 11 12 13 14 15 16 TOTAL ?,ATE TOTAL
Nam¢ofStaffMcmber 17 [8 19 20 21 22 23 ).4 ).5 )-6 27 28 29 30 31 HOURS ?ERHR DUE
TOTAL REIMBURSABLE CONSULTANT TIME: l $
AUTHORIZED SIGNATURE
.11.
EXHIBIT C
COUNTY OF SUFFOLK
COUNSULTANT,S EXPENSE SUMMARY
DEPARTMENT OF AUDIT & CONTROL - FORM A&C 109
CONSULTANT'S NAME PERIOD BEGINNING PERIOD ENDING
2 3 ¢ $ ~6 ~ 10 L 1 [2 [3 14 15 16 AMOUNT
]xpenditure Items 17 18 19 20 21 22 !3 .~4 25 26 27 ~.8 !9 ~0 31 D~
~, ~il or Bus
C~ion
Auto Rent~ or Mileage
A~ch Schedule)
Tolls ~d P~E Fees
or L~o~e
A~ch Schedule)
~ea~ips
~d~ips
Telephone ~d Tele~h
Mater.s or Supplies
Equipment
~er Sup~g Se~ices
~mch Sch~ule)
All cxpcndi~s should be ~vercd by r~elp~d bills ~or valid explmafion. TOTAL ~IMB~ABLE CONSULTANT T~E: $
Ne~s~ pur~s of mt~i~s, supplie~ equipment or ~ic~ should be
suppled by summ~i~ sho~ng vendor, de~riotion, unit ~ ~d num~
AUTHORIZED SIGNATURE
]1.2 -
EXHIBIT D
EMPLOYEE'S OVERTIME EXPENSE SUMMARY
(Submit with Consultant's Expense Summary)
Department of Audit
---r- ......... · ,-,, ~'-~uu,, a~m ~Orl[roI - I'UI'(M A&C 110
EmplOyee's Name: Regular Rate $: ~Ove~ime Rate $:
Date Straloht Time To~l S.T. Ove~ime Worked O.T. O.T. Houm x
From To Houm From To Houm O.T. Rate Pu~ose of Ove~ime
To~l $
LE OVERTIME E ENSFfi
Dat..~e Meals * Mileage Allowance * Taxi or Limo Total Per Day
$
Total $
ALL EXPENDITURES
SHOULD BE
COVERED BY
RECEIPTED BILLS
~.NDIOR VALID
EXPLANATIONS
- State origin and destination. Use back of sheet if necessary.
Consultant's Name
Authorized Signature
FORM A&C 110
EXHIBIT 9
Suffolk County STOP-DWI Claim
Payroll Register
Personal Services - Page 1
Month of ,2009
Voucher #:
Claiming Agency:
Instructions: Use this form to detail all Salary/Wage Expenses for your project, for the period claimed. Submit
this form together with a Standard Suffolk County Voucher to insure prompt processing.
Check
Date Number Payee Job Title Service Period Amount
I
I
CERTIFICATION: I certif7 that the above information is just, true and correct; that no part thereof has been previously
reported, and that such expenditures are proper and'necessary.
Project Director or Fiscal Officer:
Signature and Title
Date: I /
Note; This regi~tar is not sufficient verification to support your claims. You MUST send additional matedal such as payroll
records to support intedm or post-audit of project expenses. You must maintain such documents on file as well Use Page
2 of this form to record fdnge benefit and Consultant costs for this project only if they are part of your contract budget.
Suffolk County STOP-DWI Claim
Record of Fringe benefits
Personal Services - Page 2
Month of ,2009
Voucher #:
Claiming Agency:
Instructions: Use this form to detail all Fringe Benefit Expenses for your project, for the period claimed. Submit
this form together with a Standard Suffolk County Voucher to insure prompt processing. Fdnge Benefit
Expenses must be pl rt of your original contract to be considered valid expenses.
Check ] .r .......
Date NumberI Payee Job Title Service Period Amount
I
I
I
CERTIFICATION: I certify that the above information is just, true and correct; that no part thereof has been
previously repoded, and that such expenditures are proper and necessary.
Project Director or Fiscal Officer:
Signature and Titte
Date: / /
Note: This register is not sufficient verification to support your claims. You MUST send additional matedal such as payroll
records to support interim or post-audit of project expenses. You must maintain such documents on file as well. Use Page
1 of this form to record SalaryANage costs for this project.
Quarterly Expenditure Report
Program Title:
To: Suffolk County STOP-DWI Program
From:
Contract Pedod: From:
To:
Project Budget Category I Budgeted
Amount I Expended this
Month I. Total ExpendedDate to j
PERSONAL SERVICES
WAGES/SALARIES
FRINGE BENEFITS
SUBTOTAL
OTHER THAN
PERSONAL SERVICES
SUPPLIES/MATERIALS
TRAVEL
EQUIPMENT PURCHASE
ALL OTHER COSTS
SUB TOTAL
TOTAL PROJECT COSTS
Balance
Remaining
$ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
CERTIFICATION: I certify that the above information is a complete, accurate, and up-to-date portrayal of
actual necessary expenditures made for my project dudng the time period indicated.
Project Director or Fiscal Officer:
/ /
Signature and Title
Date:
INSTRUCTIONS: The Project Director or Project Fiscal Officer must submit a Quarterly Expenditure Report to
the STOP-DWI Coordinator within 30 days after the close of each quarter. Such report, when submitted in
conjunction with "Standard Vouchers", will help monitor overall project progress, ensure proper cash flow to
maintain the project, and help you plan and control expenditures for the duration of the project. All
expenditures submitted should reflect only those incurred for the pedod submitted.
BUDGET AMMENDMENTS: You may not exceed the Total Project Budgeted Amount or Project Budget
Category Amounts without written approval, as per conditions of the contract. Expenditures may be disallowed
if they exceed limitations without pdor written approval from the County,
STOP-DWI MONTHLY ARREST REPORT
REPORTING AGENCY
SUFFOLK COUNTY
REPORTING PERIOD
Total number of persons arrested and
charged with a violation of 1192.
Total number of charges for:
a. 1192,1
b. 1192.2
c, 1192.2 and 1192.3
d. 1192.3
e. 1192.4
Total number of persons arrested for
Section 1192 violations by sex:
a. Male
b. Female
Total number of persons arrested for
Section 1192 violations by day:
a. Sunday
b, Monday
c. Tuesday
d, Wednesday
e. Thumday
Fdday
g. Saturday
Total number of persons arrested for
Section 1192 violations by time intervals:
a. 6:01 AM to 6:00 PM
b. 6:01 PM to 9:00 PM
c. 9:01 PM to 12:00 AM
d. 12:01 AM to 3:00 AM
e. 3:01 AM to 6:00 AM
Total number of persons arrested for
Section 1192 Violations by age:
b. 18
c. 19
d. 20
e. 21-24
f. 25-29
g, 30-34
h. 35`39
i, 40-44
45-49
k. 50-54
I. 55-59
m. 60-64
n. 65-69
o. 70 and over
Total number of persons arrested for
Section 1192 violations by BAC Level:
a. Chemical test refusals:
b. Test administered - results not
available: ,
Negative
.01 .16
.O2' .17.
.03 .18'
.04 .... 19
.05., .20
.06 .21
.07 .22
.08_ .23
.09 .24
.10 25.
.11. .26_
.12 27,-
13 .28
14 .29
15 30
a. under18
SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT
LIVING WAGE CERTIFICATION/DECLARATION - SUBJECT TO AUDIT
If either of the following definitions of 'assistance' (Living Wage Law Chapter 347 - 2) applies to the contractor's/beneficia ry's
business or transaction with Suffolk County, the contractor/beneficiary must complete Sections 1, 3, 4 below; and Form LW-1
(Notice of Application for County Assistance). If the following definitions do not apply, the contractor/beneficiary must complete
Sections 2, 3 and 4 below. Completed forms must be submitted to the awarding agency.
"Any grant, loan, tax incentive or abatement, bond financing subsidy or other form of assistance of more that $50,000 which is realized by
or provided to an employ&r of at least ten (10) employees by or through the authority or approval of the County of Suffolk," or
"Any service contract or subcontract let to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of
services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or
commodities) which involve an expenditure equal to or greater than $10,000. For the purposes of this definition, the amount of
expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products,
equipment, supplies or other property is not an 'assistance' for the purposes of this definition."
Section I
Check if
applicable
The Living Wage Law applies to this contract. I/we hereby agree to comply with all the provisions &Suffolk County
Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time
or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract
where this company has received Assistance, from the County of Suffolk as defined in the Law (Assistance) a wage rate
of no less than $9.29 ($7.75 for child care providers) per hour worked with health benefits, as described in the Law, or
otherwise $10.58 ($9.00 for child care providers) per hour or the rates as may be adjusted annually in accordance
with the Law. (Chapter 347-3 B)
Section II
l/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies
property or uses equipment or property that is improved or developed as a result of Assistance or any contractor or
subcontractor of this company that employs at least ten (I 0) persons in producing or providing goods or services to this
company that are used in the project or matter fur which this company has received Assistance shall compl,y with all
the provisions of the Law, including those specified above. (Chapter 347-2)
I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for
the purpose of monitoring compliance with regulations under this Chapter oft.he Suffolk County Code, investigating
employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the
production for inspection & copying of payroll records for any or all employees for the term of the contract or for five
(5) years, whichever period of compliance is longer. All payroll and benefit records required by the County will be
maintained for inspection for a similar period of time. (Chapter 347-7 D)
The County Department of Labor shall review the records of any Covered Employer at least once every three years to
verify compliance with the provisions of the Law. (Chapter 347-4 C)
The Living Wage Law does not apply to this contract for the following reason(s):_
Check if
applicable
Section III
Contractor Name:
Contractor Address:
Contractor Phone #:
53095 Route 25 -POB 1179
Southold,. NY 11971
(631) 765- 2600
Descriptionofprojectorservice: STOP DWI
Federal Employer ID#:
Amount of Assistance:
Vendor #:
$~7.nnn ($19;000/year)
Section IV
I declare under penalty of perjury under the~La,,,j~Tlhe State of New Y~ark-that the undersigned is authorized to provide this certification,
and that the above is true and co .rr.~/~..~/
Auth~r~~_ Date' /
c~x-r~±sie ~', Cochran, Jr., Chief of Police
Print Name and Title of Authorized Representative
LW 38 (Replaces forms LW2, LW3, and LW33)
SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT
NOTICE OF APPLICATION FOR COUNTY ASSISTANCE(Contract)
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
1
2)
4)
6)
To Be Completed By Applicant/Employer/Contractor
NAME: Southold Town Police Department
VENDOR#:
CONTACT:
ADDRESS:
11-6001939
(If~own)
Carlisle E. Cochran, Jr.
Chief of Police
hl&05 Route 25 - POB 911
Peconic, NY 11958
3) CONTRACT ID #:
(If known)
5) TELEPHONE#: (631) 765-2600
7) TERM OF CONTRACT (DATES): 1/1/11- 12/31/13
8) PROJECT NAME: ( IF DIFFERENT FROM #1) ~?a~ nut
9) AMOUNT: $57,000 ($19,000/year)
10) AWA_RDINGAGENCY: Suffolk County STOP-DWI
11)
BRIEF DESCRIPTION OF PROJECT OR SERVICE:
STOP DWI Inforcement
12) PROJECTED EMPLOYMENT NEEDS: (attach a statement listing, by job
classification, the total workforce dedicated to performing this contract or service, including
calculation of estimated net increase or decrease in jobs as a result of funding).
13) PROJECTED WAGE LEVELS: (attach a statement listing projected wage levels,
compensated days off and medical benefits for total workforce dedicated to fulfilling the terms
of this contract, broken down annually for each year of the term of the contract).
LW- 1 (revised 4/04)
POLICE DEPARTMENT
?OWN OF SOUTHOLD
Telephone Emergency Dial 911
CARLISLE E. COCHRAN, JR.
Chief of Police
Suffolk County Department &Law
Addendum to LW-1
Re: Items 12 and 13
The Southold Town Police Department will participate in the Suffolk County
STOP-DWI program in the following manner:
Officers will be assigned on a voluntary overtime basis to work tours of duty
exclusively assigned to violations of section 1192 of the V&TL. Officers assigned
will only be full time officers covered by the current contract.
The lowest hourly rate for an officer is $19.38 with a minimum of 34
compensated days ofl~
All participating officers receive a full medical benefit package.
All wage/benefit information is on file and available for inspection at your
request.
41405 Route 25 · P.O. Box 911 · Peconic, N.Y. 11958
Administrative (631) 765-2600/2601 · Fax (631) 765-2715
SUFFOLK COUNTY DEPARTMENT OF LABOR
NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW
(8 U.S.C. SECTION 1324A)
WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES
)
To Be Completed By Applicant/Covered Employer#Owner
EMPLOYER/CORP./BUSINESS/COMPANY NAME:
1) ADDRESS: 41405 Route 25 - P0B 911
Peconic, NY 11958
2) NOT-FOR-PROFIT: YES
3) VENDOR #:
7)
S)
__ NO X (SUBMIT CERTIFICATE OF INCORPORATION)
11-6001939 4) CONTRACT ID:
(If known)
CONTACT: Carlisle E. Cochran. Jr. 6) TELEPHONE#: ~2600
Chief of Police
TERM OF CONTRACT OR EXTENSION (PROVIDE DATES): 1 / 1 / 11- 12 / 31 / 13
BRIEF DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE
STOP DWI Enforcement ($57,000= $19~000/year)
(If known)
SUBCONTRACTOR:
I) ADDRESS:
2) VENDORg: 3) TELEPHONE #:
4) CONTACT:
5) DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE
EVIDENCE OF COMPLIANCE:
COPIES OF THE FOLLOWING MUST BE MAINTAINED BY COVERED EMPLOYERS OR THE
OWNERS THEREOF FOR EACH E1V[PLOYEE FOR THE TIME PERIODS SET FORTH IN SUFFOLK
COUNTY CODE SECTION ( ):
A. United States passport; or
B. resident alien card or alien registration card; or
C. birth certificate indicating that person was born in the United States; or
D. (1) a driver's license, if it contains a photograph of the individual; and
(2)a social security account number card (other than such a card which
specifies on its face that the issuance of the card does not authorize
employment in the United States); or
E. employment authorization documents such as an H-lB visa, H-2B visa,
and L-I visa, or other work visa as may be authorized by the United
States Government at the time the County contract is awarded for all
covered employees.
LHE-1 (01/07)
AFFIDAVID OF COMPLIANCE
WITH THE REQUIREMENTS OF
8 U.S.C. SECTION 1324a
WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES
State of New York
County of Suffolk
)
Carlisle E. Cochran, Jr.
(Print Name of Deponent)
, being duly sworn, deposed and says:
1. I am~/authofized representative of Southold Town Police Denartment
(Name of Corp., Business, Company)
2. I certify that I have complied, in good faith, with the requirements of Title 8 of the United
States Code (U.S.C.) section 1324a (Aliens and Nationality) with respect to the hiring of
covered employees and with respect to the alien and nationality status of the owners
thereof, as set forth in Suffolk County Code Chapter 234 (2006).
c~ignature of Deponent)
Swom to before me this ] Iq'h day
of 'W~.{::},, ,201_l
(NrJta[ry Public) ' J [-~J
MICHELLE L. TOMASZEWSKI
NOTARY PUBLIC-STATE OF NEW YORK
NO. 01106156671
Qualified In Suffolk County
LH]~-2
(01/07)
Suffolk County, New York
Department of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the
contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I,
III, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, III and IV
below. Completed forms must be submitted to the awarding agency.
County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a
wr/tXen contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with
any of the above."
Section I
Check if
Applicable
The Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk
County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as such 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)
I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made,
I/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as
applicable, that no reimbursement from County funds has been sought for such costs. Uwe agree that such records
shall be made available to the pertinent County agency or authority, the County Comptroller, or the County
Department of Law upon request. (Chapter 466-3 Ir)
I/we further affirm to the following:
· I/we will not express to employees any false or misleading information that is intended to influence the
determination of employee preferences regarding union representation;
· I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
· I/we will not require an employee, individually or in a group, to attend a meeting or an event that is intended to
influence his or her decision in selecting or not selecting a bargaining representative;
· I/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the
adoption of nonconfrontafional procedures for the resolution of prerecognifion labor disputes with employees
engaged in the production of goods or the rendering of services for the County; and
· I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure
the efficient, timely, and quality provision of goods and services to the County. I~we shall include a list of said
procedures in such certification.
I/we further agree that every County contract for the provision of services, when such services will be performed on
County property, shall include a requirement that I/we adopt a reasonable access agreement, a neutrality agreement,
fair communication agreement, no intimidation agreement, and a majority authorization card agreement.
I/we further agree that every County contract for the provision of human services, when such services are not to be
performed on County property, shall include a requirement that I/we adopt, at the least, a neutraiity agreement.
Uwe understand that the efficient, timely, and nondisruptive provision of goods and services is a paramount financial
interest of the County of Suffolk and as such, the County expects the potential County contractor to protect the
County's financial interest by adopting nonconfrontational procedures for the orderly resolution of labor disputes,
including, but not limited to, neutrality agreements, majority authorization card agreements, binding arbitration
agreements, fair communication agreements, nonintimidafion agreements, and reasonable access agreements.
DOL-LO1 (6/05)
Suffolk County, New York
Department of Labor
Section II The Union Organizing Law does not apply to this contract for the following reason(s):
Check if
Applicable
Section III
Contractor Name:
Contractor Address:
Town of Southold
53095 Route 25 - POB 1179
Contractor Phone #:
Description of project or service:
Southold. NY 11971
(631) 765-2600
STOP DWI
Federal Employer ID#:
Amount of Assistance:
Vendor #:
116001939
$57,000
Section 1V
I declare under penalty of pe~ the State of New York that the undersigned is authorized to ~rovide this
certificati~ .~..I! / /~. t% I I
Auth~zed Signature Date e
Carlisle E. Cochran, Jr., Chief of Police
Print Name and Title of Authorized Representative
DOL-LO1 (6/05)
Certification Regarding Lobbying for Contract, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence legislation or appropriation
actions pending before local, State and Federal executive and/or legislative bodies in connection
with the awarding of any contract, the making of any grant, the making of any loan the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any contract, grant, loan, or cooperative agreement.
If any funds other than State or Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence legislation or appropriation actions pending before
local, State and Federal executive and/or legislative bodies in connection with this contract, grant,
loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Failure to file the required certification shall 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.
Provider: nn,,~r7 nC Rqffnl k
Agreement Number: SC ?RO 00000004.~5~
Sign:
Name: Carlisle E. Cochran, Jr.
Title: Chief of Pol imm
Date: 5/11/2011
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