HomeMy WebLinkAboutYouth Services ProgramRESOLUTION 2012-124
ADOPTED
DOC ID: 7566
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-124 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 31, 2012:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement with Family Service League of Suffolk
County in connection with the 2012 Southold Youth Services Program in the amount of $33,000
for the term January 1, 2012 through December 31, 2012, this program is funded in part by a
grant from the Suffolk County Youth Bureau, all in accordance with the
approval of the Town Attorney.
Elizabeth A. Neville
Southoid Town Clerk
RESULT: ADOPTED [5 TO 0]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Talbot, Doherty, Krupski Jr., Evans, Russell
ABSTAIN: William Ruland
RESOLUTION 2012-263
ADOPTED
DOC ID: 7714
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-263 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 27, 2012:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the 2012 Southold Town Youth Services Agreement
with the County of Suffolk and the Familv Service League, in the amount of $9,527, for the
term January 1, 2012 though December 31,2012, all in accordance with the approval of the
Town Attorney.
Elizabeth A. Neville
Southoid Town Clerk
RESULT: ADOPTED 15 TO 0]
MOVER: William Ruland, Scott Russell
SECONDER: Albert Krupski Jr., Councilman
AYES: Talbot, Doherty, Krupski Jr., Evans, Russell
ABSTAIN: William Ruland
Re~.. 2-2t-12; Law No. 12- IFMS SCSEXE12000002839
YO2 Youth Bureau Implementing Agency Pseudo Code ARHt
CONTRACT
This Contract ("the Contract") is between the County of Suffolk ("the County"), a municipal corporation of the State
of New York, acting through its duly constituted Youth Bureau ("the Department"), located at the H. Lee Dennison
Building- 3~d Floor, 100 veterans Memorial Highway, Hauppauge, New York (Mailing Address: Box 6100, Hauppauge,
New York 11788-0099); and
Town of Southold ("the Contractor"), a New York municipal corporation, having its principal place of business at 53095
Main Road, P.O. Box 1179, Southold, New York 11971 and Family Service League (Implementing Agency), a New
York not-for-profit corporation, having its principal place of business at 790 Park Avenue, Huntington, New York
11743.
The Contractor has been designated to receive funds from the County for various delinquency prevention programs ("the
Services") through the Contractor and its Implementing Agency as set forth in Article I, entitled "Description of Services
and Budget"
Term of the Contract: January 1, 2012 through December 31,2012.
Total Cost of the Contract: Shall not exceed $9,527, to be paid as set forth in Articles I and V, attached.
Terms and Conditions: Shall be as set forth in Articles I through V, attached hereto and made a part hereof.
Percentage of Advance:
In Witness Whereof, the parties hereto have executed the Contract as of the latest date written below.
Town of Sou~.o.~,
Title .~ c%O~-t~ ,~ c~/~
Fed. T~ ~ ~ t/~
~'~ .~_ ~C(~by~ifiesund~
~nalties of~ ~ 1 ~ ~ o~r o~
~g~ ~ ~ ~O~f~at I have
f~ili~ M& ~AS-~ of ~icle V of&e Suffolk ~unF
ADDITONAL SIGNATURES ON
FOLLOWING PAGE
County of Suffolk
By:
Nme;
Chief Deputy County Executive
Date:
Family Service League
By:
Nmne
Title
Federal Tax
Date
hereby
certifies under penalties of pcrjuo/that I am an officer of
, that ! have rcm and
I am ~miliar with §A5-7 of Article V of the Suffolk County
Code, and that meets all
requirements to qualify for exemption thereunder.
Name
Da~¢
Page I of 28
ReV. 2-21-12; Law No. 12- IFMS SCSEXE12000002839
YO2 Youth Bureau Implementing Agency Pseudo Code ARHI
Approved:
Department
By:
Roderick A. Pearson
Executive Director
Date
Approved as to Legality:
Dennis iVL Cohen, County Attorney
By:
Patricia M. Jordan
Assistant County Attorney
Date
Page 2 of 28
Rev. 2-21-12; Law No. 12- IFMS SCSEXE
YO2 Youth Bureau Implementing Agency Pseudo Code
List of Articles
Page #
Article I ............................................................................................................................................................................. 6
Description of Services nnd Budget ..................................................................................................................................... 6
Article IA ............................................................................................................................................................................. 7
Department Specific Provisions ........................................................................................................................................... 7
1. Certificate of Incorporation; Board Meetings ........................................................................................ 7
2. Contractor's Staff ................................................................................................................................... 7
a. Prior Approval ................................................................................................................................. 7
b. Current Procedures .......................................................................................................................... 7
3. Human Services Division Technical Assistance and Training .............................................................. 8
Article II ............................................................................................................................................................................. 9
Definitions ............................................................................................................................................................................. 9
1. Meanings ofTen-ns ................................................................................................................................ 9
2. Elements of Interpretation .................................................................................................................... 10
Article HI ........................................................................................................................................................................... 11
General Terms and Conditions .......................................................................................................................................... 11
1. Contractor Responsibilities .................................................................................................................. ! 1
a. Duties and Obligations ................................................................................................................... 11
b. Qualifications, Licenses, and Professional Standards .................................................................... 11
c. Notifications .................................................................................................................................. ll
d. Documentation of Professional Standards .......... ~. .......................................................................... l l
e. Credentialing .................................................................................................................................. ll
f. Engineering Certificate .................................................................................................................. 12
2. Termination .......................................................................................................................................... 12
a. Thirty Days Termination ................................................................................................................ 12
b. Event of Defanlt; Termination on Notice ...................................................................................... 12
c. Termination Notice ........................................................................................................................ 12
d. Duties upon Termination ............................................................................................................... 12
3. Indemnification and Defense ............................................................................................................... 12
4. Insurance .............................................................................................................................................. 12
5. Independent Contractor ........................................................................................................................ 13
6. Severability .......................................................................................................................................... 13
7. Merger; No Oral Changes .................................................................................................................... 14
8. Set-Off Rights ...................................................................................................................................... 14
9. Non-Discrimination in Services ........................................................................................................... 14
10. Nonsectarian Declaration ..................................................................................................................... 14
11. Governing Law .................................................................................................................................... 14
12. No Waiver ............................................................................................................................................ 14
13. Conflicts of Interest ............................................................................................................................. 14
14. Cooperation on Claims ........................................................................................................................ 14
15. Confidentiality ..................................................................................................................................... 15
Page 3 of 28
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
IFMS SCSEXE
Pseudo Cods
16. Assignment and Subcontracting .......................................................................................................... 15
17. Changes to Contractor ......................................................................................................................... 15
18. No Intended Third Party Beneficiaries ................................................................................................ 16
19. Certification as to Relationships .......................................................................................................... 16
20. Publications .......................................................................................................................................... 16
21. Copyrights and Patents ........................................................................................................................ 16
a. Copyrights ...................................................................................................................................... 16
b. Patents ............................................................................................................................................ 16
22. Arrears to County ................................................................................................................................. 16
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction ......................................................................................................................................... 16
24. Record Retention ................................................................................................................................. 16
25. Notice ................................................................................................................................................... 17
Article IV ........................................................................................................................................................................... 18
Suffolk County Legislative Requirements ......................................................................................................................... 18
1. Contractor's/Vendor's Public Disclosure Statement ........................................................................... 18
2. Living Wage Law ................................................................................................................................. 18
3. Use of County Resources to Interfere with Collective Bargaining Activities ..................................... 18
4. Lawful Hiring of Employees Law ........................................................................................................ 15
5. Gratuities .............................................................................................................................................. 19
6. Prohibition Against Contracting with Co~orations that Reinco~orate Overseas .............................. 19
7. Child Sexual Abuse Reporting Policy ................................................................................................. 19
8. Non Responsible Bidder ...................................................................................................................... 19
9. Use of Fnnds in Prosecution of Ci¥il Actions Prohibited .................................................................... 20
10. Youth Sports ........................................................................................................................................ 20
11. Work Experience Participation ............................................................................................................ 20
12. Suffolk County Local Laws Website Address ..................................................................................... 20
Article V ........................................................................................................................................................................... 21
General Fiscal Terms and Conditions ............................................................................................................................... 21
1. General Payment Terms ....................................................................................................................... 21
a~ Presentation of Suffolk County Payment Voucher ........................................................................ 21
b. Voucher Documentation ................................................................................................................ 21
c. Payment by County ........................................................................................................................ 21
d. Budget Modification ...................................................................................................................... 21
e. Budget an~or Services Revisions ................................................................................................. 21
f. Taxes .............................................................................................................................................. 22
g. Final Voucher ................................................................................................................................ 22
2. Subject to Appropriation of Funds ....................................................................................................... 22
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures .............................. 22
4. Accounting Procedures ........................................................................................................................ 22
5. Audit of Financial Statements .............................................................................................................. 23
6. Financial Statements and Audit Requirements .................................................................................... 23
7. Furniture, Fixtures, Equipment, Materials, Supplies ........................................................................... 24
a. Purchases, Rentals or Leases Requiring Prior Approval ............................................................... 24
b. Purchase Practices/Proprietary Interest of County ......................................................................... 24
Page 4 of 28
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
IFMS SCSEXE
Pseudo Code
c. County's Right to Take Title and Possession ................................................................................ 24
d. Inventory Records, Controls and Reports ...................................................................................... 24
e. Protection of Property in Contractor's Custody ............................................................................. 25
f. Disposition of Property in Contractor's Custody ........................................................................... 25
8. Lease or Rental Agreements ................................................................................................................ 25
9. Statement of Other Contracts ............................................................................................................... 25
10. Miscellaneous Fiscal Terms and Conditions ....................................................................................... 25
a. Limit of County's Obligations ....................................................................................................... 25
b. Duplicate Payment from Other Sources ........................................................................................ 25
c. Funding Identification .................................................................................................................... 25
d. Outside Funding for Non-County Funded Activities ..................................................................... 25
e. Potential Revenue .......................................................................................................................... 26
f. Payments Contingent upon State/Federal Funding ........................................................................ 26
g. Denial of Aid ................................................................................................................................. 26
h. Budget ............................................................................................................................................ 26
i. Payment of Claims ......................................................................................................................... 26
j. Payments Limited to Actual Net Expenditures .............................................................................. 26
k. Travel Costs ................................................................................................................................... 26
1. Attendance at Conferences ............................................................................................................ 26
m. Salaries ........................................................................................................................................... 26
n. Salary Increases .............................................................................................................................. 27
o. Contractor Vacancies ..................................................................................................................... 27
p. No Limitation On Rights ............................................................................................................... 27
q. Comptroller's Rules and Regulations ............................................................................................ 27
Exhibits
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Public Disclosure ............................................................................................................................................. 28
Living Wage ..................................................................................................................................................... 28
Union Certification .......................................................................................................................................... 28
Lawful Hiring .................................................................................................................................................. 28
Certification Regarding Lobbying ................................................................................................................. 28
Budget Modification Request ......................................................................................................................... 28
Approval .................................................................
Budge~/Services Revisions ............................................. 28
Standard Operating Procedure A-07 Amendment 1 .................................................................................... 28
and Executive Order 14-2007 or any successor order, ..................................................................................................... 28
Exhibit 9 Comptroller's Rules and Regulntions for Consultant's Agreements .......................................................... 28
Page 5 of 28
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
Article I
Description of Services and Budget
Whereas, the Contractor has been identified in the 2012 Suffolk County Adopted Budget under the pseudo code
as listed on page one of the Contract to perform the Services for the Department; and
Whereas, the Department desires to have the Contractor provide a Juvenile Delinquency Prevention Program;
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.
Contractor References
All references in this Contract to "Contractor" shall be deemed to refer to the Contractor and to the
Implementing Agency, except as otherwise indicated; provided that all provisions relating to
Contractor's staff shall be deemed to apply only to the Implementing Agency.
Legislative Designated Funding Application; Description of Services; Budget
(See 3-4 Pages Attached, As Applicable)
Remainder of Page Intentionally Left Blank
6 of 28 pages
ARTICLE I
(Rev. 10/2009)
Sponsodng
Municlp,,lity:
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
INDIVIDUAL PROGRAM APPLICATION
Agency Summary
County of Suffolk
Suffolk
Imp~e~Age~o/: Town of Southold
P~g~mT~m: Southold Youth Services
53095 Main Road PO Box 1179)
T~al Program
OCFS Funds
~que~d $
"Youth Bureau
'Youth Bureau Only
(100".,)
% of Total)
Ci~: Southold
F~mllDak. 11-6001939
Ch8~.#: NA
Youth and Family counseling
for youth at risk. FROM
~r'O~ .
St.~ NY ZipCode: 11971
P®HodofA~ualProgmm OpemUon
FROM 1/1/2012 TO
12/31~2012
peration
TO
8:00 AM 4:00PM
[]Weekly []Monthly
[] Executive Director [] Board Chairperson (631) 765-18819// (631) 765-1823
[] OtherSupervisor TELEPHONE _~E~~A~ .UM~ER
~ ' : ' SIGNATURE
Scott A. Russell
P~NT NAME
Scott. Russell@Town. Southold. NY.US
EMNLADDRE~
James McMahon
CONTACTP~8ON
James.McMahon@Town. Southold. NY.US
EMNLADD~
Scott A. Russell
F~CALOFF~ER
Town of Southold
Director
Supervisor
TffLE
(831) 765-1283
TELEPHONE NUMBER
(631) 765-9015
FAX NUMBER
(631) 765-1889
The Agency Is: [] Priwte, Not for Profit [] Public [] Rell~lfoUs CoFpor~Uon
PROGRAM SITE8 Mo~t $1gn~nt (3 Ma~mum) A~.embly NY8 $~ate Lo¢~ C~ Coup#
Ty~ Address (Street, C~, State, Zip) Dist. No. DiSL No. Plan'g ~ District
3ffice Town Hall, PO Box 1 1
· Sou~hold, NY 11971
Check if: [] Joint Program [] Purchase of Service
I 1. Specify program Code and Name of Other Participating Municipalities: [ . ;~1
2. Is the attached Program Total Budget (Form 0CFS-3107) a combined budget for all participating municipalities? [] Yes [] No I
The Southold Youth Services Program provides individual, group, family and crisis
intervention counseling plus alcohol and substance abuse prevention/education services
for the Town of Southold. The Southold Youth Services Program is open to all Suffolk
County youth and their families.
The Youth ServiCe counselor also administers the Southold Town Community Service
Sentencing Program for youth sentenced in the Southold Town Justice Court. The
recidivism rate for those youth involved in the CSSP is less than 2%.
The Youth Service counselor maintains a referral network with other youth service
agencies, schools, the Southold Juvenile Aid Bureau, Suffolk County Probation
Department and the Suffolk County Family Court, in the solution of youth related
matters.
OCF$-3107 (~v. 03/'2~02) FRO~*
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
PROGRAM BUDGET
APPENDD( B
AC-ENCYAMUNICIPALrFY.: Town of Southold
PROGRA~T~E:. Southold Youth Services
FUND
PERSONAL SERVICES:
Posrr~N Tm.E
PAY
$
$
$
TOTAL OC~S PROGR~ A&4OUf4T (1)
TOTAL SALARIES AND WAGE~,;
TOTAL FRINGE Bewc~ ~ ~,
TOTAL PERSONAL SERVICES (1)
CONTRACTED SERVICES AND STIPENDS
$
$-
$
$
TOTAL CONTRACTED SERVICES (2)
TOTAL MAINTENANCE & OPERATION (3) I $
LIST EQUIPMENT TO BE PURCHASED OR RENTED:
(UNIT COST OVER $200 AND LIFE EXPECTANCY OF OVER TWO YEARS)
I$ I
FACILITY REPAIRS
PROGRAM ~ITE ADDRESS
TOTAL FACILITY REPAIRS (4)
TOTAL OC~S PROGRA~ A~OUNT I ~ ~ Z7 '~ i
~ TOTAL OCFS'FUNDS REQUESTED I
LIST OF OTHER FUNDING SOURCES
IREIMBUR,E~ABLE TOT~,L
MUNICIPAL FUNDING
OTHER SouRCES
Rev. 2-21-12; Law No. t2-
YO2 Youth Bureau Implementing Agency
Article IA
Department Specific Provisions
Certificate of Incorporation; Board Meetings
The Contractor shall furnish the Deparanont with
certified copies of its Certificat~ of Incorporation
and by-laws, including any amendments thereto,
at the time it signs this Contract, to the extent not
already on file with thc Department, and any
amendments thereto during the term of this
Con.act promptly upon their adoption, and a list
of the board members governing the Contractor
from time to time. The contractor shall not
dissolve any existing corporation or establish any
new corporation with the responsibility for the
operation of the program without the prior
written approval of the Department.
bo
Minutes of the Contractor's annual board
meeting and one other board meeting, no longer
than six (6) months thereai~er, should be
forwarded to the Department within two (2)
weeks after the conclusion of the meetings.
Coutractor's Staff
a. Prior Approval
The Department shall have the right to prior
approval of the filling of any position now vacant
or h~reaRer becoming vacant and may, in thc
exeralsc of that right, promulgate reasonable
regulations involving position con~rol which
shall, when promulgated, be deemed to be
incorporated by reference in and be made part of
this Contract.
b. Current Procedures
The Contractor, at its own expense, agrees to
furnish to the Department resumes of all
persounalto be hired for the Services referred to
in this Contract, prior to their being hired.
Resumes shall include, but not limited to:
i.)
Previousjob title(s) of thc individual
employee and the length of
employment under each title; and/or
ii.)
Previous experience and length of
previous experience with a task or tasks
similar or equal to the Services.
7 of 28 pages
ARTICLE IA
Contractor Letters
The Contractor agrees to furnish to thc County
latter(s) regarding all personnel to be hired for
the Services. Thc letter(s) shall include, but not
be limited to:
i.)
Thc specific tasks to be performed by
the individual employees during the
course of the Services.
ii.)
Salaries and hours to be worked by the
individual employees during the course
of the Services.
County Approval
Thc County reservas the right to approve
principal services personnel proposed by the
Contractor at thc time of entering into this
Contract. Reasons for the County not approving
said personnel shall be for lack of qualification or
lack of damonstratico by thc Contractor that said
proposed personnel will not have a deleterious
effect on the proper and efficient operation of the
Services.
Job Descriptions, Qualifications
The Contractor will nominate to the Department
a Service director chosen on thc basis of the job
description below. Thc Department shall review
such nominations and may confirm them. Othcr
staffpositions provided for in this Contract will
be filled in accordance with written job
descriptions as provided below. Eroploymcnt of
any staff merober under the terms of this
Contract shall be subject to ongoing review for
competency and aptitude of thc staff mcrober by
thc Department or its designees. Thc Department
may recommend dismissal or suspension of any
staffmember under this Contract.
Service Director
i.) Qualifications: Graduation from an
accredited college and/or university with a
Master's Degree in Social Work; or a Bachelor's
Degree (4-ycer college degree) plus 2 years
Experience in Human Services.
ii.) Duties: Responsible for overall
Service; hires and fires staff; chairs youth
advisory committee; administers and directs all
Contractor Services; is responsible ~ Board of
Directors of the Contractor and has immediate
charge of and responsibility for the Services;
renders direct services to clients as required;
selects, trains and supervise~ program aides,
nonprofessional staff and volunteers; has charge
of potty cash account; make purchases and
expends funds under the direction of the treasurer
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
of the corporation or such other officers as thc
Board of the corporation may direct.
Youth Worker
i.)
Qualifications: Bachelor's Degree
(4-year college degree fi.om an
acoredited college).
ii.)
Duties: Provides counseling, group
work secvicos, and professional
supervision in lounge activities, is
responsible to the Service director.
Also shall keep written records and
reports of work accomplished; shall
demonstrate ability to learn, ability to
relate successfully to clients and the
community, and capacity for
development in professional
use of self in relationships.
Service Aides
i.)
Qualifications: High School Diploma
and preferably some paid experience in
youth work,
ii)
Duties: Report to Service director;
shall carry out assignments as
paraprofessionals; shall keep written
records and reports of work
accomplished; shall demonstrate ability
to learn, ability to relate soecossfully to
clients and community, and capacity
for development in professional use of
self in relationships
Human Services Division Technical Assistance and
Training
The Contractor agrees to participate in the
Human Services Division Technical Assistance
and Training Program. Such agreed participation
will include stafftraining on the topic of
HIV/AIDS and not more than three (3) days-per-
year attendance at training on topics that may
include, but not be limited to, contract financial
reporting, the setting of sorvico goals and
objectives, and service development.
The Contractor may participate, at its election, in
any additional training made available by the
Human Services Division.
End of Text for Article lA
8 of 28 pages
ARTICLE IA
Rev. 2-21-12; Law No. 12.
YO2 Youth Bureau implementing Agency
Article II
Definitions
1. Meanings of Terms
As used herein:
"Audit of Financial Statements" means thc examination by
thc Comptroller end eny Federal or State auditing anthority of
the finencial statements of thc Contractor resulting in the
publication of an independent opinion on whether or not those
financial statements are relevant, accorata, complete, and fairly
presented.
"Budget" means the Contractor's summary or plan of ail
intended revenue, whether received in the form of fens, gxauts,
County funding, or any other source, and expenditures necessary to
render the Services.
"Budget Deficiency Plan" means an enalysis of thc cost of thc
Services, chenges 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 Contmct, forming
all rights end obligations of the Contractor and the County.
"Contractor" means thc signatory corporation, its officers, officials,
employees, agents, servants, sub-conttactors, and any successor or
assign of any one or more of the foregoing performing the Services.
"County" means the County of Suffolk, its depar~ents, and
agencies.
"County Attorney" means the County Attorney of the County of
Suffolk.
"Department" menus the signatory department approving the
Contract.
"Engineering Services" means tho definition of the practice of
enginenring and the definition of practice of land surveying, as the
case may be, under Section 7201 and Section 7203 of the State
Education Law, respectively.
"Event of Default" means
Uo
bo
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 au Audit
of Financial Statements; or
the Contractor's falsification of records or
repons, misuse of funds, or malfeasance or
nonfeasanee 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 Fedeml
or State funds; or
the inability oftbe County or the Contractor to
obtain Federal or State funds due to any act or
omission of the Contractor; or
eny condition that the County determines, in its
sole discretion, is dangerous.
"Federal" means the United States government, its depansnents, end
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, end vacations.
"Fund Source" means any direct or indiract sum payable to the
Contractor by the County pursuant to eny lawful obligation.
"Legislature" means the Legislature of the County of Suffolk.
"Management Letter" means a lat~er 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 au Audit of Financial Statements,
but which were not required to be included in au audit report.
"Municipal Corporation" means a town, village, or school district.
the ConUactor's failure to perform any duty
required of it under paragraphs 1 (b)-(e) of
Article II1 of the Contract; or
the Contractor's failure to maintain the amount
and types of insurance with en 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
"Services" means all that which the Contractor must do, and any part
thercof arising out of, or in connection 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
Contractur from the County, Federal, or State governments, or a
Municipal Corporation, and (i) which are currently in effect or (ii)
which have expired within the past twelve 02) months end have not
been renewed.
9 of 28 pages
ARTICLE II
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
"Suffolk County Payment Voucher" means the document
authorized and required by the Comptroller for release of payment.
"Term" means thc time period set forth on page one of thc Contract
and, if exercised by the County, the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine end neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms, associations,
partnerships (including limited parmerships), trusts, corporations,
and other legal entities, including public bodies, as well as natural
persons, and shall include soecessors and assigns.
Capitalized terms used, but not otherwise defined, herein, shall have
the meanings assigned to them in the Contract.
End of Text for Article II
10 of 28 pages
ARTICLE II
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
Article III
General Terms and Conditions
Contractor Responsibilities
a. Duties and Obligations
i.)
It shall be the duty of thc Contractor to
discharge, or cause to be discharged, all
of its responsibilities, and to administer
funds received in the interest of the
County in accordance with thc
provisions of the Contract.
ii.)
The Contractor shall promptly take ail
action as may bc necessary to render
the Services.
iii.)
Thc Contractor shall not take any
action that is inconsistent with thc
provisions of the Contract.
iv.)
Services provided under this Contract
shall be open to all residents of thc
County.
Qualifications, Licenses, and Professional
Standards
i.)
Thc Contractor represents and wan~nts
that it has, and shall continuously
possess, during thc Term, thc required
licensing, education, knowledge,
experience, and character necessary to
qualify it to render the Services.
ii.)
Thc Contractor shall continuously have
during the Term all required
authorizations, certificates,
certifications, rcgistrations, licenses,
permits, and other approvals required
by Federal, Statc, County, or local
authorities nanessary to qualify it to
render the Scrvices.
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 thc cvcnt that a pcrson is no longer
licensed to perform the Services, thc
ConU'actor must immediately notify thc
County, but in no event shall such
notification be latcr than fivc (5) days
11 of 28 pages
ARTICLE III
do
after a license holder has lost the
license required to qualify the license
holder or the Contractor to perform thc
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
after the effective date of termination of
such license. Without limitlngthe
generality of the foregoing, if any part
of the Contract remains to be
performed, and the termination of thc
license docs not affect tho 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 thc aforesaid records and documents
shall be provided to the County no later than the
date ofexecntion of the Contract. Such
documentation shall be kept, maintained, and
available for inspection by the County upon
twcoty-fuur (24) hours notice.
Credentialing
i.)
In the event that the Department, or any
division thereof, maintains a
credentialing process to qualify the
Contractor to render tho Services, the
Contractor shall complete the required
credentialing process. In the event that
any State credential, registration,
certification or license, Drug
Enforcement Agency registration, or
Medicare or Medicaid certification is
restricted, suspended, or temporarily or
permanently revoked, it is 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 after such restriction,
suspension, or revocation.
ii.)
The Contractor shall forward to the
Department, or division thereof, as thc
case may be, on or before July 1 of
each year during the Term, a complete
list of the names and addresses of ail
persons providing thc Services, as well
as their respective areas of certification,
credentialing, registration, and
licensing.
Rev. 2-21-12; Law No.
YO2 Youth Bureau Implementing Agency
f. Engineering Certificate
In the event that thc Contract requires any
Enginceriag Sarvices, the Contractor shall submit
to the County, no later than the due date for
submission for approval of any eagineering work
product, the Certificet¢ of Authorization
("Certificate"), issued pursuant to
§ 7210 of the New York Education Law. 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 Defanlt.
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.
Termination Notice
Any notice providing for termination shall be
delivered as provided for in paragraph 25 of this
Article IIL
d. Duties upon Termination
i.)
The Contractor shall discontinue thc
Services as directed in the termination
notice.
ii.)
The County shall pay thc Contractor
for the Services ~ndered through the
date of termination.
iii.)
The County is released from any and alt
liability under the Contract, effective as
of the date of the termination notice.
12 of 28 pages
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 at, er termination of tho 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
ao
The Contractor shall protect, indemnify, and hold
harmless the County, its agents, servants,
officials, and employees from and against all
liabilities, fines, penalties, actions, damages,
claims, demands, judgments, losses, suits or
actions, costs, and expenses caused by the
negligence or any acts or omissions of the
Contractor, including reimbursement of the cost
of reasonable attorneys' fees incurred by the
County, its agents, servants, officials, and
employees in any action or proceeding arising out
of, or in connection with, the Contract,
The Contractor hereby represents and warrants
that it will not infringe upon any copyright in
performing the Services. The Conlzactor agrees
that it shall protect, indemnify, and hold harmless
the County, its agents, servants, officials, and
employees from and against all liabilities, fmcs,
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 rcesonable
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, ineludiag appeals, arising
out of, or in connection with, the Contract, and
any copyright infringement proceeding or action.
Alternatively, at the County's option, the County
may defend any such proeeediag or action and
require the Contractor to pay reasonable
at. mays' fees or 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. 2-21-12; Law No, t2-
'(02 Youth Bureau Implementing Agency
amounts and types as follows:
i.)
Commercial General Liability
insurance, including cont~ectual
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
non-owned or owned vehicles arc used
by thc Contractor in thc performance of
the Contract) in an amount not less
than Five Hundred Thousand Dollars
($500,000.00) per person, per accident,
for bodily injury and not less than One
Hundred Thousand Dollars
($100,000.00) for property damage per
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 Contrector
shall provide and maintain coverage
during the Term for the benefit of such
employees as are required to be
covered by thc 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-oceurrenco or claims-made
coverage basis.
Thc County may mandate an increase in the
liability limits set forth in the immediately
preceding paragraphs (4)(a)(i), (ii), and (iv).
Co
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 better.
do
eo
6o
The Contractor shall furnish to thc 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
and business use automobile insurance, the
Contractor shall furnish to the County, prior to
the execution of the Contract, a declaration page
or insuring agreement and endorsement page
evidencing the County's status es an additional
insured on said policy, and upon demand, a true
and certified original copy of such policy
evidencing compliance with the aforesaid
insurance requirements.
All evidence of insurance shall provide for the
County to be notified in writing thirty (30) days
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 rcqalred 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 progrmn under which it acts
as a self-insurer for any of such required
coverage, thc Contractor shall provide proof,
acceptable to thc County, of self-funded
coverage.
Independent Contractor
Thc Contractor is not, and shall never be, considered an
employee of thc 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 Contrector
and the County, es the case may be.
Severability
It is expressly agreed that if any term or provision of this
Contract, or thc application thereof to any person or
circumstance, shall be held invalid or uncoforeenble to any
extent, the remainder of the ConUact, 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 thc Contract shall be valid and shall be
enforced W the fullest extent permitted by law.
13 of 28 pages
ARTICLE III
Rev. 2-2t-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
Merger; No Oral Change~
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
modifieatinn of the Contract shall be valid unless in written
form end executor by both parties.
8. Set-Off Rights
The County shall have all of its common law, equitable,
and statutory fights of set-off. These rights shall include,
but not be limited to, the County's option to withhold frum
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-off rights subject to approval by the County
Attorney. In cases of set-offpursuunt 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 the grounds of sace,
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 12.
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
separato treatment in any matter related
to the individual's receipt of the
Services provided pursuant to the
Contract; or
13.
iv.) restrict an individual in any way from
any advantage or privilege 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 14.
becausa 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 cfa particular race, creed,
14 of 28 pages
color, national origin, sex, age, disability, sexual
orientation, militasy 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 thc Services.
Nonsectarian Declaration
The Services performed under thc 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 jufisdiation 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
force and effect, notwithstanding any such failure or
forbearance.
Conflicts of Interest
The Contractor shall not, during thc Term, pursue a course
of eonduet which would cause a reasonable person to
believe that he or she is likely to be engaged in acts that
create a substantial conflict between its obligations under
the Contract and its private interests. The Contractor is
charged with the duty to disclose to the County the
existence of any such adverse interests, whether existing or
potential. This duty shall continue as long as the Term.
The determination as to whether or when a conflict may
potentially exist shall ultimately be made by the County
Attorney a,%r full disclosure is obtained.
Cooperation on Claims
The Contractor and the County shall render diligently to
each other, without compensation, any and all cooperation
that may be required to defend the other party, its
employees and designated representatives, against any
ARTICLE III
Rev. 2.2%12; Law No. 12-
YO2 Youth Bureau Implementing Agency
claim, demand or action that may be brought against the
other party, its employees or designated representatives
arising out of, or in connection with, 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 ancordance with applicable laws, rules, end
regulations.
16. Assignment and Subcontracting
Thc Cuntntctor shall not delegate its duties under
thc Contract, or assign, transfer, convey,
subcon~nct, 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 ail or any portion of the monies that may
be due or become due hereunder, (collectively
refe~ed to in this paragraph 16 as "Assignment"),
to any other person, entity or thing without the
prior written eonseut of the County, end any
attempt to do any of the foregoing without such
consent shall be void nb initio.
Such Assignment shall be subject to all oftbe
provisions of the Contract end to any other
condition the County requires. No approval of
any Assignment shall be construed as enlarging
any obligation of the County under the terms and
provisions of the Contract. No Assignment of the
Contract or assumption by any person of any duty
of the ConUaetor under the Contract shall
provide for, or otherwise be construed as,
releasing the Contrantor from any term or
provision of the Contract.
17.
Changas~Cont~ctor
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, involuntmy or by operation
of law, of thc partners, or ffensfer of
partnership interests (other than thc
purclmse of partnership interests by
existing partners, by the partnership
itself or the immediat~ family members
by reason of gitL sale or devise), or the
dissolution of the partnership without
immediate reconstitution thereof, and
ii.)
if the Contrantor is a closely held
corporation (i.e. whose stock is not
publicly held and not traded through an
15 of 28 pages
ARTICLE III
exchange or over the counter):
!. 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 gitL sale or devise).
If the Contractor is a not-for-profit corporation, a
change of twenty percent (20%) or more of its
shares or members shall be deemed a Permitted
Transfer.
The Contractor shall notify the County in writing,
which notice (the "Transfer Notice") shall
include:
i.)
the proposed effective date of the
Permitted Transfer, which shall not be
less than thirty (30) days nor more then
one hundred eighty (180) days aRer the
date of delivery of the Transfer Notice;
ii.)
a summary of the material terms oftbe
proposed Permitted Transfer;
iii.)
the name and add.ss 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
end experience;
v.)
ali 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 uny 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 189 of the
Suffolk County Code. The County shall grant or
deny its consent to any request ora Permitted
Transfer within twenty (20) days after delivery to
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implernenting Agency
the County of the Transfer Notice, in accordance
with the provisions of Paragraph 25 of Article
III of the Contract. If the County shall not give
written notice to the Contractor denying its
consent to such Permitted Transfer (and setting
forth the basis for such denial in reasonable
detail) within such twenty (20)~day period, then
the County shall be deemed to have granted its
consent to such Permitted Transfer.
e. Notwithstanding the County's consent,
i.)
the terms and conditions of the
Conh~act 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.
22.
18. No Intended Third Party Beneficiarias
The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed
a beneficiary of the Contract and no third party shall have
the right to make any claim or assert any right under the
Contract.
23.
19. 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 parmer, business, commercial, economic, or
financial ralatianship with the County or its elected
officials. The Contractor also certifies that there is no
relationship within the third degree of consunguinity,
between the Conlractor, any of its partners, members,
directors, or shareholders owning five (5%) percent or
more of the Contractor, and the County.
20. Publications
Any book, article, report, or other publication related to the
Services provided pursuant to this Contract shall contain
the following statement in clear and legible print:
"This publication is fully or partially funded
by the County of Suffolk."
24.
21. Copyrights and Patents
a. Copyrights
If the work of the Contractor should result in the
production of original books, manuals, films, or
other materials for which a copyright may be
granted, the Contractor may secure copyright
protection. However, the County reserves to
itself, and the Conffactor hereby gives to the
County, and to any other person designated by
16 of 28 pages
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 uny other person designated by
the County, a royalty-free, nonexclualve 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 Employees Law in Connection
with Contracts for Construction or Future
Construction
In the event that the Conlxact is subject to the Lawful
Hiring of Employees Law of the County of Suffolk, Suffolk
County Code Article I1 of Chapter 353, as more fully sot
forth in the Article entitled "Suffolk County Legislative
Requirements," the Contractor shall maintain the
documentation mandated to be kept by this law on the
construction site at all times. Employee sign-in sheets end
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 consUuetion site
during such working hours.
Record Retention
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, end/or County auditors and uny persons duly
authorized by the County shall have full aec. ese and the
right to examine any of said materials during said period.
Such access is granted notwithstanding any exemption
from disclosure that may be claimed for those records
which are subject to nondisolosure ag~ements, trade
secrets and commeroial information or financial
information that is privileged or confidential Without
limiting the generality of the foregoing, records directly
related to contract expenditures shall be kept for a period of
ten (10) years because the statute of limitations for the New
York False Claims Act (New York False Claims Act § 192)
is ten (10) years.
ARTICLE III
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
25. Notice
Unless otherwise expressly provided, all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular first class mail end certified mail, or personally
delivered during business hours as follows: 1.) to the
Contractor at the address on page 1 of thc Contract end 2.)
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 end also to the
County Attorney at H. Lee Dennisoff Building, 100
Veterans Memorial Highway, P.O. Box 6100, (Sixth
Floor), Hauppauge, New York, 11788-0099.
End of Text for Article III
17 of 28 pages
ARTICLE III
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
Article IV
Suffolk County Legislative Requirements
Contractor's/Vendor's Public Disclosure Statement
It shall be thc duty of tho Contractor to rend, become
familiar with, and comply with the requirements of section
A5-7 of Article V of the Suffolk County Code.
Unless certified by an officer of the Contractor as being
exempt fi.om the requirements of section A5-7 of Article V
of the Suffolk County Code, the Contractor represents and
warrants that it has filed with the Comptroller the verified
public diseloanre statement required by Suffolk County
Administrative Code Article V, section A5-7 and shall file
an update of such statement with the Comptroller on or
before the 31st day of January in each year of the
Contract's duration. The Contractor acknowledges that
such filing is a material, contractual and statutory duty and
that the failure to file such statement shall constitute a
material brunch 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 fit~een percent (15%) of the amount of the
Contract.
Required Form:
Suffolk County Form SCEX 22; entitled
"Contractor's/Vendor's Public Disclosure Statement"
Living Wage Law
It shall be thc duty of the Contractor to read, become
familiar with, and comply with the requirements of Chapter
575, 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
enntraets and recipients of County financial assistance, (as
defined) shall provide payment of a minimum wage to
employees as sot forth in the Living Wage Law. Such rate
shall be adjusted annually pursuant to the terms of the
Suffolk County Living Wage Law of the County of Suffolk.
Under the provisions of the Living Wage Law, the County
shill have the authority, under appropriate cimumstancos,
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 Deparm~ent of Labor- Living Wage Unit Notice of
Application for County Compensation (Contract)."
Suffolk County Living Wage Form LW-38; entitled
"Suffolk County DeparUnant of Labor - Living Wage Unit
Living Wage Cerfification/Declaration - Subject To
Audit."
18 of 28 pages
Use of County Resource~ to Interfere with Collective
Bargaining Activities
It shall be the duty of tho Contractor to read, become
familiar with, and comply with the requirements of Article I
of Chapter 803 of the Suffolk County Code.
County Contractors (as defined by section 803-2) shall
comply with all requirements of Chapter 803 of the Suffolk
County Code, including the following prohibitions:
a. The Contraetar 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 usc County property to hold a
meeting with employees or supervisors if the
purpose of such meeting is to assist, promote, or
deter union organizing.
If the Services are performed on County property, the
Contractor must adopt a reasonable access agreement, a
neutrality agreement, fair communication agreement, non-
intimidation agreement, and a majority authorization card
agreement.
If the Services are for the provision of human sorvicas and
are not to be performed on County property, the Contractor
must adopt, at the least, a neutrality agreement.
Under the provisions of Chapter 803, the County shall have
the authority, under appropriate eireumatances, to terminate
the Contract and to seek other remedies as set forth therein,
for violations of this Law.
Required Form:
Suffolk County Labor Law Form DOL-LOI; entitled
"Suffolk County Department of Labor - Labor Mediation
Unit Union Organizing Certification/Declaration - Subject
to Audit."
Lawful Hiring of Employes Law
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
11 of Chapter 353 oftbe Suffolk County Code.
This Contract is subject to thc Lawful Hiring of Employees
Law of the County of Suffolk. It provides that all covered
employers, (as defined), and tho owners thereof, es thc case
may be, that are recipients of compensafiun from the
County through any grant, loan, subsidy, funding,
appropriation, payment, tax incentive, contract,
sebeonlract, license agreement, lease or other financial
compensation agreement issued by the County or an
awarding agency, where such compensation is one hundred
pereeni (100%) funded by the County, shall submit a
completed sworn affidavit (under penalty of perjury), the
form of which is attached, certifying that they have
ARTICLE IV
R~v. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
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 exi:cuted contract,
subcontract, license agreement, lease or other financial
compensation agreement with the County; and shall be
made available to the public upon request.
All contractors and subcontractors (as defined) of covered
employers, and the owners thereof, as the case may be, that
are assigned to perform work in connection with a County
contract, subcontract, license agreement, lease or other
financial compensation agreement issued by the County or
awarding agency, where such compensation is one hundred
percent (100%) funded by the County, shall submit to the
covered employer a completed sworn affidavit (under
penalty of perjury), the form of which is attached,
certifying that they have complied, in good faith, with the
requirements ofTirie 8 of the United States Code Section
1324a with respect to the hiring of covared employees and
with respect to the alien and nationality status of the
owners thereof, as the case may be. The affidavit shall be
executed by an authorized representative of the contractor,
subeuntraetor, or owner, as the ease may be; shall be part of
any executed contract, suboontract, license agreement, lease
or other financial compensation agreement between the
covered employer and the County; and shall be made
available te 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 oftbe Contract, and
whenever a new contractor or subcontractor is hired under
the terms of the Contract.
The Contractor acknowledges that such filings are a
material, contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach
of the Contract.
Under the provisions of the Lawful Hiring of Employees
Law, the County shall have the authority to terminate the
Contract for violations of this Law and to seek other
remedies available under the law.
The documentation mandated to be kept by this law shall at
all rimes 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 eevered employees, as defined in the
law, shall be rcquired 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 Employces Law Form
LifE-l; entitled "Suffolk County Department of Labor-
Notice Of Applicarion To Certify Compliance With Federal
19 of 28 pages
Law (8 U.S.C. Section 1324a) With Respect To Lawful
Hiring of Employees."
Suffolk County Lawful Hiring of Employees Law Form
LHE-2; entitled "Affidavit Of Complianco With The
Requirements Of 8 U.S.C. Section 1324a With Respect To
Lawful Hiring Of Employees"
Gratuities
It shall be the duty of the Contractor to read, become
femilier with, and comply with the requirements of Chapter
664 oftbe Suffolk County Code.
offered or given any gratuity to any official, employee or
agent of the County or the State or of any political party,
with the pu~ose or intent of securing an agreement or
securing favorable treatment with respect to the awarding
or amending ofen agreement or the making of any
determinations with r~poct to the performance of an
Prohibition Against Contracting with Corporations
that Reincoeporate 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 IV of the Suffolk
County Code. Such law provides that no contract for
consulting services or goods and services shall be awarded
by the County to a business previously incorporated within
the U.S.A. that has reincorporated outside the U.S.A.
Child Sexual Abuse Reporting Policy
It shall be thc duty of thc Contractor to read, become
familiar with, and comply with the requirements of Anicte
II of Chapter 880 of the Suffolk County Code.
The Contractor shall comply with Article I1 of Chepter 880,
oftbe Suffolk County Code, entitled "Child Sexual Abuse
Reporting Policy," as now in effant or amended hereafier or
of any other Suffolk County Local Law that may become
applicable during the term of the Contract with regard to
child sexual abuse reporting policy.
Non Responsible Bidder
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
Il of Chepter 189 of the Suffolk County Code.
Upon signing the Contract, the Contractor certifies that it
has not been convicted of a criminal offense within the last
ten (10) years. The term "conviction" shall mean a finding
of guilty after a trial or a plea of guilty to an offense
ARTICLE IV
Rev. 2-2'1-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
anvered under section 189-5 of the Suffolk County Code
under"Nooresponsible Bidder."
Un of Funds in Prosecution of Civil Actions
Prohibited
It shall be the duty of the Conaagtor to read, become
familiar with, and comply with the requirements of Article
II1 of Chapter 893 of thc Suffolk County Code.
The Contractor shall not uso any of the moneys, in part or
in whole, and either directly or indir~tly, 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.
10. Youth Sports
It shall be thc duty of the Contractor to reM, become
familiar with, and comply with Article III of Chapter 730 of
the Suffolk County Code.
All contract agencies that conduct youth sports programs
am required to develop and maintain a written plan or
policy addressing incidents of possible or actual concussion
or other head injuries among spor~s program participants.
Such plan or policy must be submitted prior tu the award of
a County unnm~ct, grant or funding. Receipt of such plan
or policy by the County do~s not represont approval or
endors~munt of any such plan or policy, nor shall the
County be subject to any liability in cunnectiun with any
such plan or policy.
11. Work Experience Participation
If the Contractor is a not-fur-profit or governmental agency
or institution, each of the Contractor's locations in the
County at which the Servicos are provided shall be a work
sitto for publie-asalstance clients of Suffolk County pursuant
to Chapter 281 of the Suffolk County Code at all times
during the Term of the Contract. If no Memorandum of
Understanding ("MOU") with the Suffolk County
Department of Labor for work experience is in effect m thc
beginning of thc Tcrm of thc Contract, thc Contractor, if it
is a not-fur-profit or governmental agency or institution,
shall enter into such MOU as soon as possible after thc
executinn of thc Contract and failure to enter into or to
p~rform in accordance with such MOU shall bc d~mcd to
be a failure to porform in aecordancc with the Contract, for
which thc County may withhold payment, terminate thc
Contra~t or exercise such other remedies as may be
appropriate in thc cireumstaneas.
12. Suffolk County Local Laws Website Address
Suffolk County Local Laws, Rules and Regulations can be
accessed on thc homepagc of thc Suffolk County
Legislature.
End of Text for Article IV
20 of 28 pages
ARTICLE IV
Rev. 2-21-t2; Law No. 12-
Ye2 Youth Bureau Implementing Agency
Article V
General Fiscal Terms and Conditions
1. General Payment Terms
Presentation of Suffolk County Payment
Voucher
In order for payment to be made by the County to
the Contractor for thc Services, thc Contractor
shall prepare and present a Suffolk County
Payment Voucher, which shall be documented by
sufficient, competent and evidential matter.
b. Voucher Documentation
Thc Suffolk County Payment Voucher shall list
all information regarding the Services and other
items for which expenditures have been or will be
made in accordance with the Contract. Either
upon execution of the Contract (for the Services
already rendered and expenditures already made),
or not more than thirty (30) days aider the
expenditures were made, and in no event after the
31~ day of January following the end of eanh year
of the Contract, the Contractor shall furnish the
County with detailed documentation in support
of the payment for the Services or expenditures
under the Conh'act e.g. dates of the 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 txue
and accurate, of all personnel for whom
expenditures are claimed during the period.
Time and ettandance records ora project director,
if any, shall be certified by the Chairperson,
President or other designated member of the
Board of Directors oftbe Contractor. All Suffolk
County Payment Vouchers must bear a signature
as that term is defined pursuant to New York
State General Construction Law §46 by duly
authorized persons, and certification of such
authorization with certified specimen signatures
thereon must be filed with the County by a
Contractor official empowered to sign the
Contract. Disbursements made by the Contractor
in accordance with the Contract and submitted
for reimbursement must be doeumanted and must
comply with aceounting proendures as set forth
by the Suffolk County Department of Audit and
Control. Documentation, including any other
form(s) required by County or the Suffolk
County Department of Audit and Cunt~ol, shall
be furnished to the County pursuant to, and as
limited by, the Regulations for Accounting
Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
addition to any other remedies that the County
may have, failure to supply the required
documentation will disqualify the Contractor
21 of 28 pages
ARTICLE V
eo
from any further County contracts.
Payment by County
Payment by the County shall be made within
thirty (30) days after approval of thc Suffolk
County Payment Voucher by the Comptroller.
Budget Modification
i.)
The parties shall use the Contract
Budget Modification Request form
("Budget Modification") for revisions
to the Budget and Servieen not
involving an increase to the total cost
of the Contn~ct. The Contractor shell
submit to the County the Budget
Modification proposed revisions for
either Budget or the Services. Such
request must be made in advance of
incurring any expenditure for which the
revision is needed.
ii.)
When the County and 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 thc 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 15th of that year.
Budget and/or Services Revisions
i.)
ii.)
Thc panics shall use the Contract
Budgct/Services Revision Approval
Form (Budget/Services Revisions) for
revisions to the Budget and Services
involving any change to the total cost
oftbe ConUact 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
Conlrantor shall execute the
Budget/Services Revisions form. The
Contractor shall relurn it to the County.
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
iii.)
Upon complete execution of the form
by the parties, the County shall retain a
copy to the Contractor. The revision
shall not be effective until the Budget
/Services Revisions is completely
executed.
f. Taxes
The charges payable to the Contractor under the
Contract arc exclusive of federal, state, and local
taxes, the County being a municipality exempt
from paymem of such taxes.
g, Final Voucher
The accepiance by the Contractor of payment of
all billings made on the final approved Suffolk
County Payment Voucher shall operate as end
shall be a release of the County from all claims
by the Contractor.
2. Subj~t to Appropriation of Funds
The Contract is subject to thc amount of funds
appmpriatad each fiscal year and any subsequent
modifications thereof by the County Legislature,
and no liability shall be incurred by the County
beyond the amount of funds appropriated each
riscal year by the County Legislature for the
Services.
If the County fails to receive Federal or State
funds originally intended to pay for the Services,
or to reimburse the County, in whole or in part,
for payments made for the Services, the County
shall have thc 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, thc County
shall promptly notify the Contractor in writing of
the terms and conditions thereof, which shall be
deemad incorporated in and made a part of the
Contract, and thc Contractor shall implement
those terms and conditions in no less than
fourteen (14) days.
22 of 28 pages
Personnel Salaries, Pension and Employee Benefit
Plans, Rules and Procedures
Upon request, thc Contractor shall submit to the
County a current copy, certified by the
Contractor as true and accurate, of its
i.)
salmy scale for all positions listed in
the Budget;
ii.) personnel rules and procedures;
iii.)
pension plan and any other employee
benefit plans or arrangements.
Thc Contractor shall not be entitled to
reimbursement for costs under any pension or
benefit plan the Comptroller deems commercially
unreasonable.
Co
Notwithstanding anything in this paragraph 3 of
this Article V, thc County shall not be limited in
requesting such additional financial information
it deems reasonable.
Accounting Procedures
ao
Thc 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 uny nature expended in the
performance of the Contract, in accordance with
generally accepted accounting principles and
with mits, regulations and financial directives, as
may be promulgated by the Suffolk County
Department of Audit and Control and the
Department. The Conm~ctor 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 thc
Term and for a period of seven (7) years al~er
expiration or termination of the ConWact.
Thc 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 to
nondisclosure agreements, trade secrets and
commercial information or financial information
that is privileged or confidential.
ARTICLE V
Rev. 2-2t-t2; Law No. 12-
YO2 Youth Bureau Implementing Agency
eo
The Contractor shall utilize the accrual basis of
accounting and will submit all financial repons
and claims based on this method of accounting
during the Term.
5. Audit of Finaacial Statements
no
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 Depamnent shall have access to and the
fight 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
alter 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. If there is no response, or if
sntisfactopJ repayments are not made, the County
may recoup overpayments from any amounts due
or besomiag 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
Notwithstanding any other reporting or
certification requirements of Federal, State, or
local anthodties, the Contractor shall obtain the
services of an independent licensed public
accountant or certified public accountant (the
"Auditor") to audit its financial statements for
each Contractor's "fiscal year" in which the
Contractor has received, or will receive, three
hundred thousand ($300,000.00) dollars or more
from the County, whether under the Contract or
other agreements with the County, and shall
submit a report to the County on the overall
financial condition and operations of the
Contractor, including a balance sheet and
statement of income and expenses, attested by the
Auditor as fairly and accurately reflecting the
accounting records of the Conlractor in
aecordanco with generally accepted accounting
principles. The Contractor may solicit requests
for proposals from a number of qualified
accounting firms and review carefully the costs
of, and qualifications for, this type of work before
selecting the Auditor.
The Auditor should be required to meet the
following minimum requirements:
23 of 28 pages
ARTICLE V
ao
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 between County-funded programs
and other programs that the Contractor may be
operating. The use ofsubsidimy schedules
should be enenuraged 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
reeipiant expending awards received diractly
from Federal awarding agencies, or as a
subreeipient expending Federal awards received
from a pass-throagh entity, such as New York
State or Suffolk County, during any fiscal year
within which it raceives funding under the
Contract, the audit must be conducted, and the
audit report ("Single Audit Report") must be, in
accordanco 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 soeh riscal year. The Contractor must
mail or deliver the cartified 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 at'er the and of the Contractor's
fiscal year. The statement must include all
Federal funding received directly from the
Federal government and all Federal funds passed
through from the County and other pass-through
entities.
Rev. 2-2t-12; Law No. t2-
YO2 Youth Bureau Implementing Agency
Copies of all financial statements, Management
Letters, Single Audit Reports and other audit
reports must be transmitted to the County and to
the Executive Director of Auditing Services at
the address set foflh 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 racords of the Contractor. Therefore,
the records of the Contractor must be made
available to authorized representatives of Federal,
State and County gnvemmant for that purpose.
The previsions 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 ofune thousand dollars ($!,000.00) per
unit for whinh the Contractor will seek
reimbursement from the County, the Contractor
shall submit to the County a written request for
appreval to make such a preposed purchase,
rental or lease, with a list showing the quantity
and description of each item, its intended
loeatiun and use, estimated unit price or cost, and
estimated total cost of the proposed order.
Written appreval of the County shall be required
before the Contractor may proceed with such
preposed purchase, rental or lease of furniture,
fixtures or equipment. All items purchased must
be new or like new unless spacifically described
othen,~isc in the Budget.
bo
Purchase Practices/Proprietary Interest of
County
i.)
The Contractor shall follow the general
practices that are designed to obtain
fumitare, 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
pregrammatic needs of the Contract. If
thc County exercises this right, the
amount budgeted for the items so
purchased or obtained by the County
for the Contractor shall not be available
24 of 28 pages
ARTICLE V
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 Contrantor pursuant to the terms
of the Contract or any prior agreement
between the parties.
iv.)
The Contractor shall attach labels
indicating the County's preprietary
interest or title in all such property.
County's Right to Take Title and Possession
Upon the termination or expiration of the
Contract or any renewal thereof, the
discontinuance of the business of the Contractor,
the failure of the Contractor to comply with the
terms of the Contract, the bankruptcy of the
Contractor, un 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 of the judgmcot, 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 preperty 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 of the Contract,
the Contractor shall make a physical count of all
items of furniture, removable fixtures and
equipment in its custody, checking each item
against the aforesaid 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
Contractor, 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 a.~er 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,
certified and signed by an authorized official of
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
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 three (3) months of the
Term.
Protection of Property in Contractor's
Custody
The Contractor shall maintain vigilance and take
ail reasonable precautions to protect thc furniture,
fixtures, equipment, material or supplies in its
custody against damage or loss by fire, burglary,
thefi, disappearance, vandalism, or misuse. In thc
event of burglmy, theft, vandalism, or
disappe~-ance of any item of furniture, fixtures,
equipment, material or supplies, the Contractur
shall immediately notify the police and make a
record thereof, including a record of thc results of
any invcstigatiun 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 thc County a detailed written
report thereon.
Disposition of Property in Contractor's
Custody
Upon termination of the County's funding of any
of thc Services covered by thc Contract, or at any
other time that the County may direct, the
Contractor shall make access available and render
all ancessao' assistance for physical removal by
the County or its designee of any or all furniture,
removable fixtures, equipment, materials or
supplies in the Contractor's custody in which the
County has a proprietary interest, in the same
condition as such property was received by the
Contractor, reasonable wear and tear excepted.
Any disposition, 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
lflcese payments or rental costs arc 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 Contrsctor shall enter into a lease or rental agreement,
or shall renew a lease or rental agreement, the Contractor
shall, ptior to the execution thereof, submit such lease or
rental agreement, to the County for approval.
9. Statement of Other Contracts
10.
Prior to thc execution of the Contract, the Contractor shall
submit a Statement of Other Contracts to the County,
25 of 28 pages
which shall be attached as an exhibit to the Contract. If the
Contract is amended during the Team, or if the County
exercises its option right, the Contractor shall attsch a then
current Statement of Other Contracts.
Miscellaneous Fiscal Terms and Conditions
Limit of County's Obligations
The maximum amount to be paid by the County
is set forth on thc first page of the Contract.
b. Duplicate Payment from Other Sourcas
Payment by the County for the Services shall not
duplicate payment received by the Contractor
from any other source.
c, Funding Identification
The Contractor shall promptly submit to the
County upon request, a schedule for all programs
funded by the County, itemizing for each such
program the sums received, their source and the
total program budget.
do
Outside Funding for Non-County Funded
Activities
Notwithstanding thc foregoing provisions of the
Contract, it is the intent of the County that the
terms and conditions of the Contract shall not
limit the Contrantor from applying for and
accepting outside grant awards or from providing
additional educational activities/services which
may result in the Contractor incurring additional
costs, as long as the following conditions are met:
i.)
ii.)
iii.)
iv.)
The County is not thc Fund Source for
the additional services;
Sufficient funding is available for or
can be generated by thc Contractor to
cover thc cost incurred by the
Contractor to provide these additional
services; and
If sufficient funding is not available or
cannot be generated, thc 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 ConU'actor shall,
to the County's satisfuetion, submit any
documentation requested by the
Department reflecting the change, and
identify the additional services to be
provided and the source of funding that
ARTICLE V
Re-¢. 2-21-12; Law No. t2-
YO2 Youth Bureau Implementing Agency
shall be utilized to cover the
expenditores 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. If late 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
reason, the full amount of such funding is not
made available to the County, thc Contract may
be terminated in whole or in part, or the amount
payable to the Contractor may be reduced at the
discretion of the County, provided that any such
termination or reduction shall not apply to
allowable costs incurred by the Contractor prior
to such termination or reduction, and provided
that money has been appropriated for payment of
such costs.
g. Denial of Aid
Ifa State or Federal government agency is
funding the Conmtct and fails to approve aid in
reimbursement to thc 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 thc County may deduct and
withhold from any payment due to the Contractor
an amount equal to the reimbursement denied by
the state or federal government agency, and the
County's obligation to the Contractor shall be
reduced by any such amounts. In such an event,
if there should be a balance due to the County
after it has made a final payment to the
Contraetor under the Contract, on demand by the
County, the Contractor shall reimburse the
County for thc amount of the balance due the
County, payable to the Suffolk County Treasurer.
The provisions of this subparagraph shall survive
the expiration or termination of the Contract.
26 of 28 pages
ARTICLE V
mo
Budg~
The Contractor expressly represents end agrees
that the Budget lists all revenue, expenditures,
personnel, personnel costs and/or all other
relevant costs oecessary 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 (I/6) of the
maximum amount to be paid by the County set
forth on the first page of the Contract.
Payments Limited to Actual Net Expenditures
The Contractor agrees that if, for any reason
whatsoever, the Contractor shall spend during the
Term for the purposes set forth in the Contract en
amount less than, or receive amounts more than,
provided in the Budget, the total cost of the
Contmet shall be reduced to the net amount of
act'aal Contractor expondituros 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 of the
Contract on the cover page and in the Budget.
Upon termination or expiration of the Contract if
the Cuntmetor's total amount of allowable
expenses is less than the total amount of the
payments made during the Term, thc Contractor
shall prepare a check payable to the Suffolk
County Treasurer for the difference between the
two amounts and submit such payment to the
County, along with the final Suffolk County
Payment Voucher.
Travel Costs
Reimbursement to 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 staff wishes
to attend must be pre-approved, in writing, by the
County and must be in complience with Suffolk
County Standard Operating Procedure A-07 and
Executive Order No. 14-2007.
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. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
n. Sahry Increases
No salary, wage, or other compensation for the
Services shall be increased over the amount
stated in the Budget without the prior written
approval of the County.
o. Contractor Vacancies
The County shall have the fight of prior approval
of the Contractor's filling of any vacant position
as of the date of exeeution 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
incorporate~l by reference in, and be made part
of, the Contract, provided, however, that subject
to the availability of funding, approval for the
hiring of replacement clerical shall be a
Contractor determination.
p. No Limitation On Rights
Notwithstanding anything in this Article V to the
contrary, the County shall have available to it all
rights and remedies under ~e Contract and at law
and equity.
q. Comptroller's Rules and Regulations
Thc Contractor shall comply with thc
"Comptroller's Rules and Regulations for
Consultant's Agreements" as promulgated by the
County Depanmant of Audit and Control and any
amandmcnts thereto during thc Term. The
County shall provide thc Contractor with a copy
of any amendmants to the "Comptroller's Rules
and Regulations for Consultant Agreements"
during thc Term.
End of Article V
27 of 28 pages
ARTICLE V
Rev. 2-21-12; Law No. 12-
YO2 Youth Bureau Implementing Agency
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit $
Exhibit 9
Exhibits
Public Disclosure
Living Wage
Union Certification
Lawful Hiring
Certification Regarding Lobbying
Budget Modification Request
Budget/Services Revisions Approval
Standard Operating Procedure A-07 Amendment 1
and Executive Order 14-2007 or any successor order.
Comptroller's Rules and Regulations for Consultant's Agreements
28 of 28pages
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
~th 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 ia 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:
Agreement Number:
sign:
Name:
Title:
Date:
Page 1 of t
Page of
COUNTY OF SUFFOLK
OFFICE OF BUDGET
CONTRACT BUDGET MODIFICATION REQUE8T
The progrmn budget contained in the Agreement of ,20.
between the COLrNTY OF SUFFOLK and
is he.by ~ended as follows:
LINE NO. DESCRIPTION (as changed) $ CHANGE
(HEADING) Show whether County or A~ncy share $ BEFORE $ AFTER + or -
NET CHANGE S
Except as set forth above, this budget modification shall not be deemed to change any condition or
provision in the said A~reoraent.
By: By:
Name: Name:
Title: Title:
Date: Dept.:
Agency: Dire:
Louis A. Medina
Executive Director
Suffolk County Youth Bureau
FOR THE COUNTY OF 8UFFOLK
APPROVED BY:
DATE:
NOTE: This form is not to be used to affect any net increase in the budget.
USE REVERSE FOR SUPPORTING STATEMENTS
STANDARD
OPERATING
PROCEDURE
OFFICE OF THE COUNTY EXECUTIVE
Approwxl by:
STEVE LEVY
SUFFOLK COUNTY £X]/CUTWI/
Numb~n A-07
Amendment
TRAVEL. CONFERENCE. AND MEETING ATTENDANCe,
THIS SOP SUPERSEDES 'I~E SHEETS IN TIlE SOP
MANUAL THAT IS IDENTIFIED AS "SOP A-07~
DATED 4/2/97. HOLD£RS OF ~ SOP MANUAL
SHOULD REMOVE AND DISCARD THE CITED
SHEETS AND REPLACE THEM WITH THIS
DOCUMENT.
]. ParDe~e: This SOP details how employees can obtain appwval for confercnee
attcndanee, travel out of Suffolk County during county time for conferences or
seminars, and governmenl related mcatings with an overnight .stay.
2. ~ope: This SOP applies to all County Employees in all county departments,
o~ccs, or ageocias.
3. Nature of Chtneee: This procedure amends the previous version dated 3/22/04. The
new procedure will require the booking of hotel accommodations, rental cars,
airplane travel, and AMTRAK be handled through a designated travcl agency.
4. DefJnition~:
(l) A ConferancC is defined as a large group of people assembling together to
discuss a wide range of topics. The Annual ~ew York State AssccJatJon of
Counties Conference is an example of a conference.
(2) A Meeting Js defined as a one day, regularly scheduled or impromptu,
gatherin8 of pcoplc for a specific purpose. A meeting of thc Lc&islativc
Subcommittee of thc New York State Association of Counties is an example
ora meeting.
(3) A Seminar is defined us a group of people assembling for education or
Uaining related lo performance of a one's job duties ns a county employee.
A. Conferences
1) No more than two (2) persons from a department will be permitted to attend a
conference, meeting, or seminar. Certain exceptions will be granted if' a
conference, meeting or seminar has programs with conflicting hours, if it requires
more than one person to attend, or if soeciai circumstances warrant more
attendees (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 Oflqce 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 docurnentecl
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 # l 0.
6) The Rules and Regulations governing travel orders and accounts, promulgated by
the county Department of Audit and Control, must be followed in preparing
Executive Form #10.
7) The box indicating "Total Cost of this Conference" and the section at the bottom
indicating "Travel Cost" and "Total Cost" should be filled in on all copies.
All applications for conference attendance will be returned to the respective department,
office or agency if any of the above procedures have not been adhered to.
COUNTY OF SUFFOLK
OFFICE OF THE COUNTY COMPTROLLER
JOSEPH SAWICKI, JR.
Comptroller
DEPARTMENT OF AUDIT AND CONTROL
Comptroller's Rules and Regulations
for Consultant's Agreements
Revised 12/2009
TABLE OF CONTENTS
Purpose ....................................................................................... 1
Scope .......................
Definitions .................................................................................... 1
Allowable Claims .................... 1
Claim Submission ........................................................................... 2
Out of Pocket Expenses ................................................................... 3
Sub-Contractor Claims .....................................................................
Certified Statements ........................................................................ 6
EXHIBITS
EXHIBIT A
EXHIBIT B
County of Suffolk, Standard Payment Voucher
FORM PV ...................................................... 8
Consultant's Time Summary
FORM A & C 108 ............................................. 9
EXHIBIT C Consultant's Expense Summary
- FORMA&C 109 ............................................ 10
1
1. Pumose - 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
~ Consultant - An individual or firm engaged to provide outside
professional services to Suffolk County departments and agencies.
b. Consultant's A~.reement - 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
Claim Submission - Consultants should submit their claims for reimbursement
through the County department or agency responsible for the consultant's
assignment, using appropriate forms, as indicated below:
a. Claim Voucher- A County of Suffolk Standard Payment Voucher Form
(Exhibit A) must accompany each consultant claim. The claim voucher
should refer to the consultant's agreement under which payment is
reques~l and indicate the category of expenses or contract covenant
applicable to the claim voucher. It should be initialed by the departmental
unit representative under whose supervision or jurisdiction the work was
performed, signifying that the consultant has complied with all the terms
and conditions oftbe 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
Conl~ol for payment.
b. Consultant's Time Summary, FORM A&C 108 (Exhibit BI - The
Consultant's Time Summary should be used to record dally 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 and authorized individual of the consultant's finn. It
should then be attached to the County of Suffolk Standard Payment
Co
3
voucher form. A copy of the consultant's payroll register with a cover
letter indicating the individuals charged to the project for the claim period
will be accepted as a substitute for the Consultant's Time Summary.
Consultant's Expense Summary, FORM A&C 109 (Exhibit C) - The
Consultant's Expense Summary should be used to detail expenses for
travel, meals, lodging or other necessary and reasonable out-of-pocket
expenditures incurred on the project. Each expense item should be
documental by a receipted bill, sales slip or invoice which totals the daily
expenditures shown on the form. The completed FORM A&C 109 must be
signed by an authorized individual of the consultant's firm. It should then
be attached to the County of SulTolk Standard Payment Voucher Form.
Out-of-Pocket Expenses - If these expenses are reimbursable under the
consultant's agreement, the following rules and guidelines should be considered
before incurring such expenses and submitting claims:
a. Meals - Meals are reimbursable under a consultant's contract only if the
purpose of the meal is valid, that is, authorized under the contract as
sustenance while traveling. Effective October I, 2009, the per diem meal
allowance shall be in accordance with the current maximum
reimbursement rate for food as established by the U.S. General Services
Administration for the New York region. As published in IRS Publication
1542 (rev. October 2009), the 2009 per diem meal and incidental rate is
4
$71.00 per diem including tax. Audit and Control should be contacted for
allowable rates for future fiscal periods. (Gratuities, at a reasonable and
customary rate, shall be reimbursed over and above the state limits).
The County will not honor claims for the reimbursement of "business
meals" submitted by members of the consultant's finn 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.
b. Lodv. ine - Effective October 1, 2009, claims for lodging will be
reimbursed at a rate not to exceed the current maximum reimbursement
rate for lodging as established by the U.S. ~3eneral Services
Administration for the New York region as published in the IRS
Publication 1542 (rev. October, 2009). The 2009 per diem rate for
lodging is $130.00 including taxes. Claims for lodging must be
accompanied by paid receipts. Audit and Control should be contacted for
the allowable rate for future fiscal periods.
c. Airfare - Airfare will only be reimbursed at the economy coach rate and a
receipt will be necessary. Individuals choosing to fly first class will not be
reimbursed for the premium expenses incurred.
/l. Mileage - The County will reimburse mileage claims in accordance with
the applicable current rate allowed by the U.S. Internal Revenue Service.
As of January 1, 2009 the rate is $.55 per mile and January 1, 2010 the
5
rote is $.50 per mile. The consultant must provide origin, destination and
miles traveled for each trip. Audit and Control should be contacted for the
allowable rate for future fiscal periods.
e. Taxis - Taxi fares up to $25.00 will be reimbursed based on actual receipt
or certified statement. Any taxi expenses in excess of $25.00 per trip will
require receipts. Receipts and certified statements shall include origin and
destination, as well as the purpose of the trip.
f. Subways and Buses (local) - A certified statement will be adequate
documentation for these expenses.
g. Tolls - Receipts or certified statement will be adequate documentation for
these expenses.
h. Telephone Expenses - Telephone expenses up to $25.00 per month will be
reimbursed based on a receipt or certified statement. Telephone expenses
totaling over $25.00 will require copies of the telephone company bills
with the appropriate calls circled.
i. Photocopies - In lieu of a specific contract for photocopies, the County
will reimburse at a cost not to exceed $.15 per copy, including labor. A
certified statement will be adequate documentation for reimbursement.
Sub-Contractor Claims - When the consultant is authorized in the Consultant's
Agreement to hire a sub-contractor, the Comptroller's Office should be supplied a
copy of the sub-contractor's agreement. Claims will not be processed if they are
6
not in compliance with the contract between the Consultant and the County. The
reporting requirement of the sub-contractor will be the same as that of the
Consultant. Details of ail expenditures claimed must be documented in the same
manner, ffthe sub-contractor's agreement with the Consultant is a lump-sum
payment agreement, detailed documentation reporting requirements are waived.
8. Certified Statements - When the consultant incurs minor travel or other out-of-
pocket expenses for which receipts are not available, he shall prepare an itemized
statement detailing the type and amount of expense, including the time, date, and
place incurred. ARer summarizing expenses claimed, the consultant must add and
sign the following certification terminology:
"The above expenses are true and just and are a result of business
conducted in accordance With the terms of the contract with Suffolk County,
and have not be been previously paid."
Signature of Authorized Person
8
COI~TANT~ NAME PBILIOD IIgGD~T~G I~OD BI~DDaG
AUTEOn~ ~O~ATURE
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,
I/I, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, HI 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
wriRen 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 to the goods and/or
services that are the subject of the contract with the County of Suffolk shall not use County funds to assist, promote,
or deter union organizing (Chapter 466-3 A), nor seek reimbursement fi'om the County for costs incurred to assist,
promote, or deter union organizing. (Chapter 466-3 B)
//w.e further.a.gree to take all action necessary to ensure that County fimds are not used to assist, promote, or deter
union organ:z~ng. (Chapter 466-3 H)
I/we further agree that I/we will not use County property to hold meetings to assist, promote, or
deter union organizing. (Chapter 466-3E)
I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing 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 fi~om County funds has been sought for such costs. I/we agree that such records
shall be made available to the pertinent County agency or authority, the County Comptroller, or the County
Department of Law upon request. (Chapter 466-3/)
IIwe further affirm to the following as to the goods and/or services that are the subject of the contract with the
County of Suffolk:
· I/we will not express to employees uny false or misleading information that is intended to influence the
determination of employee preferences regarding union representation;
· l/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
· 1/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 ofnonconfrontational procedures for the resolution ofprerecognition 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.
Ne union 0rgani:ing , nw does not aTly to this cun aet for the,ollowing reasun(s,:
Checkif O~'.~IL~'~Cg~ [-~ ~.'C"-(-CCt,'[ ,o.,~ff)/O~//~6 ~,~Eg/CJ,/
Applicable ~/ ' /' x~/ ~ f
DOL*LOI (3/5/08)
Suffolk County, New York
Department of Labor
Section III
Contractor Name:
Contractor Address:
Contractor Phone #:
/
Federal Employer ID#:
Amount of Assistance:
t
Description of project or service:
Section IV
In the event any part of the Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a court of competent
jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ab initio.
Section V
I declare under pan)~ of perjury under the Laws of the State of New York that the undersigned is authorized to provide this
certification, und~ correct.
A ut horized ,. ,-~man"~ro. ~ --
Date
~rint Name and Titie of Authorized~Repr~sent~five --
DOL-LO1 (315/08)
CONTRACTOR NAME
ADDRESS
CONTACT
PROGRAM
STATEMENT OF OTI~E.R CONTRACTS
PHONE NUMBER
AGREEMENT
NUMBER
TERM OF AGREEMENT
AMOUNT
I. Indicate (a) type of Organization - County, State, Federal or Other and Co) name of Department, Agency or Organization.