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Community Development Block Grant Program
~'~ RESOLUTION 2012-718 ~ ADOPTED DOC ID: 8140 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-718 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southoid and the Suffolk County Office of Community Development, in connection with the 2012 Community Development Block Grant Program in the amount of $86,039.35, fully funded by the Department of Housing and Urban Development (HUD), subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steven Bellone Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Community Development And Affordable Housing December 3, 2012 Dear Subrecipient: The agreement you have entered into is 100 percent funded by federal dollars under an award from the Department of Housing and Urban Development through the Community Development Block Grant - Catalogue of Federal Domestic Assistance, Number 14 218, As indicated in the agreement, the acceptance of federal funds requires that your organization follow the audit requirements issued by the Federal Office of Management and Budget {OMB) Circular A-133. As a subrecipient, your organization will be required to obtain an audit if your organization expended more than $500,000 in federal funds during your fiscal year. All federal funds from this award and any other grant award must be totaled to determine the requirement for an audit. You must submit a statement, certified by your Chief Financial Officer, which states the total amount of all federal funding expended during the fiscal year and a copy of your audit report, if required, to: Frank Bayer, CPA, Executive Director of Auditing Services Suffolk County Department of Audit and Control 9th Floor - P.O. Box 6100 Hauppauge, N.Y. 11788-0099 AND Jill Rosen Nikoloff, Director of Real Estate H. Lee Dennison Building- 2nd Floor 100 Veterans Memorial Highway - P.O. Box 6100 Hauppauge, N.Y. 11788 Thank you for your cooperation. Sincerely, William Kandell Community Development Suffolk County H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 2nd FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788-0099 · (631) 853-5705 Subrecipient Statement of Federal Funds Expended (On Agency Letterhead) Frank Bayer, CPA Executive Director of Auditing Services Suffolk County Department of Audit and Control 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, N.Y. 11788 Dear Mr. Bayer: I am the Chief Financial Officer for I certify that the (Name of Subrecipient Entity). has expended federal funds (Name of Subrecipient Entity) in the amount of $ for the year ended . Included in this amount are all federal funds passed through from the Suffolk County Department(s) of Community Development and all federal funds received directly from federal agencies and other pass-through entities. Since the total amount of federal assistance expended is less than $500,000 as detailed on the attached Schedule of Federal Funds expended, Name of Subrecipient Entity is not subject to the audit requirements of the Single Audit Act and OMB Circular A-! 33. If you have any questions, I may be reached at (Phone #) Name Title cc: Jill Rosen-Nikolofl; Suffolk County Community Development La~ No., Town o,! 9 outhold/Communitv Development Block Grant AGREEMENT IFMS No. ORIGINAL This Agreement. is between the CounD' of Suffolk (the "Count'), a municipal corporation of the State of New York. acting through its duly constituted Office of CommuniB: Development, (the "Department"), located at 100 Veterans Memorial Highway, P.O. Box 6100. Hauppauge, N.Y. 11788, and the Town of Southold, {the "Contractor"), a municipal corporation under the lax~s of the State of New York, located at 53095 Main Road, Southold, NY 11971. The Contractor has heretofore expressed its desire to undertake or assist in undertaking essential communib' development and housing assistance actMties as set forth in the Housing and Communib Development Act of 1974, as amended (hereinafter referred to as "the Act"), as set forth in Article I entitled "Description of Services and Budget," attached.. The CounD' has received and accepted a grant from the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") for the purposes of the Act pursuant to Suffolk Coun~ Resolution No. 617-2012 and the parties desire to undertake various eligible activities under the Act; and the parties heretofore have entered into a cooperative Agreement for said purposes. Term of Agreement: Shall be from September 1. 2012 through August 31, 2014 and shall include two (2) one - }'ear options to renew as provided in Paragraph 5 of Article 1, "Term," unless sooner terminated as provided for herein. Total Cost of Agreement: Shall not exceed $86.039.35, as further set forth in this Agreement. Terms and Conditions: Shall be set forth ii1 Articles 1 through VII and Exhibits 1 through 9 attached hereto and made a part hereof. I n Witness Whereof, the parties hereto have executed this Contract as of the latest date written above. TownofSouthold ~q B5: ~~'~ _ ScotiA. Russell Supervisor Fed. Tax ID #11-6001~9/ [)ate: __ Sco~ A. Russell, hereby ce~ifies under penalties of pe[juD' that I am an officer of the Town of Southold, that I have read and I ~) familiar with fiA5-7 of ~icle V of the SuffOlk County Code, and that the l'own of Soothold ~s all re~ements to quali~ fbr exemption thereunder. ~~ Date Sc~.~ussell' -- ~ / -- Approved as to Legality: Dennis MpC~ohen, Suffolk County Attorne) ~ Jy/gsicacac~Hogan Nssistant County Attorney Page 1 of 69 COUNTY O~ ~IFFOLK Title! DepuW County Executive Date: Approved: Office of Community Development J ill/13~7osen-Nikolo ff Director of Real Estate Date: 0016634 La,a No. IFMS No. Town of ?authold~/Communit)r Development Block Grant Article l Description of Services 1. Conflicting Provisions 2. Additional Definitions 3. Project Descriptions 4. Budget 5. Term List of Articles Article Ii Definitions 1. Meanings of Terms 2. Elements of Interpretation Article 111 General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations b. Qualifications, Licenses, and Professional Standards c. Notifications d. Documentation of Professional Standards e. Credentialing f. Engineering Certificate 2. Termination a. ThirD' Days Termination b. Event of Default: Termination on Notice c. Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger; No Oral Changes 8. SebOff Rights 9. Non-Discrimination in Services 10. Nonsectarian Declaration 11. Governing Law 12. No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor I 8. No Intended Third-Party Beneficiaries 19. Certification as to Relationships 20. Publications 21. Copyrights and Patents a. Copyrights b. Patents 22. Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24. Notice Page 2 of 69 Law No. lown of qouthold/Community Development Block Grant 25. Non-Discrimination in Services 26. Constitutional Prohibition 27. Obligations of Contractor With Respect to Certain Third-Party Relationships IFMS No. Article IV Suffolk Count)' Legislative Requirements 1. Contractor's/Vendor's Public Disclosure Statement 2. l,iving Wage Law 3. Use of County Resources to lnterfbre 'Mth Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 9. Use of Funds in Prosecution of CMl Actions Prohibited 10. Youth Sports 1 i. Work Experience Participation 12. Suflblk County Local Laws Website Address Article V General Fiscal Terms and Conditions I. General Payment Terms a. Presentation of Suffolk Count' Payment Voucher b. Voucher Documentation c. Payment by Counb' d. Budget Modification e. Budget and/or Services Revisions f. Taxes g. Final Voucher 2. Subject to Appropriation of Funds 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures 4. Accounting Procedures 5. Audit of Financial Statements 6. Financial Statements and Audit Requirements 7. Furniture, Fixtures, Equipment, Materials, Supplies a. Purchases, Rentals or Leases Requiring Prior Approval b. Purchase Practices/Proprietary Interest of County' c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Property in Contractor's Custody f. Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non-Count3 Funded Activities e. Potential Revenue fk Payments Contingent upon State/Federal Funding Page 3 of 69 La~ No. Tov, n of Southold/Community Development Block Grant g. DenialofAid h. Budget i. Payment of Claims j. Payments Limited to Actual Net Expenditures k. Travel Costs I. Attendance at Conferences m. Salaries n. SalaD' Increases o. Contractor Vacancies p. No Limitation on Rights q. Cmnptroller's Rules and Regulations Article VI: Federal Requirements 1. Grant Administration 2. County-Contractor Relationship 3. National Objectives 4. Performance 5. Citizen Participation 6. Flood Disaster Protection 7. Equal Employment Opportunity and Affirmative Action 8. Compliance with Section 3 of the Housing and Urban Development Act 9. Minori~'Business and Women's Business Enterprise 10. Lead Based Paint Hazard I 1. Fire Prevention and Control Act 12. Federal Labor Standards Provisions 13. Compliance with Air and Water Acts 14. Relocation Assistance and Acquisition of Real Property. I5. Consolidated Plan 16. Displacement I7. Books and Records of Accounting ]8. Program Income 19. Real Proper~y 20. Reversion of Assets 21. Procurement of Equipmeut Services, Supplies and Materials 22. Use of Federal Funds for Lobbying 23. Political Activities 24. Funding Identification 25. Offset of Arrears or Default 26. Force Majeure Article VII: Environmental Requirements Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Project Description(s) Public Disclosure (Department to Indicate Exempt __ Union Certification (Department to Indicate Exempt __ Lawful Hiring Certification Regarding Lobbying Comptroller's Rules and Regulations Suffolk County Payment Voucher Page 4 of 69 or Non-Exempt __ or Non-Exempt __ IFMS No. Law No. Town of Southold/Community Developmcm Block Grant Exhibit 8 County of Suffolk Consultant's Expense Summa~' Exhibit 9 County. of Suffolk Consultant's Time Summa~' IFMS No. Page 5 of 69 Lay* No. To~n of ~outhol~/Community Development Block Grant Article I Description of Services and Budget IFMS No. WHEREAS, the County has applied to HUD for Community Development Block Grant ("CDBG") t'unds from the United States Govermnent under Title I of the }lousing and Community Development Act of 1974, as amended, Public Law 93-383: and WHEREAS, HUD has approved the County's application for CDBG funds; and WHEREAS, as part of its submission to HUD, the Department included the Contractor's proposal to utilize CDBG funds tbr the projects contemplated by this Agreement; and WHEREAS, pursuant to Suffolk County Resolution No. 617-2012, the Suttblk County Legislature approx ed the allocation ora portion of the County's CDBG funds to the Contractor. NOW THEREFORE, the parties hereto agree as fullows: 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. Additional Definitions a. Action Plan - the one-year portion of the Consolidated Plan. bo Community Development Block Grant Program or CDBG Program - federal program created under the Housing and Community Development Act of 1974 and administered by HUD. The CDBG Program provides grant funds to local and state governments to be used to develop viable urban communities by providing decent housing with a suitable living envirornment and expanding economic opportunities to assist low- and moderate-income. Community Development Agency- an agency responsible for administering and distributing community development funds received annually from HUD, as well as funds from local and state government and other sources. The Department serves as a Community Development Agency for the purposes of administering and distributing CDBG funds pursuant to this Agreement. Consortium - geographically contiguous units of general local government consolidated to be in a single unit of general local govenunent for certain HUD program purposes when certain HUD requirements are met. Consolidated Plan - the document prepared by the Department and submitted to HUD describing the housing needs of the low- and moderate-income residents, outlining strategies to meet the needs and listing all resources available to implement the strategies. Suffolk County Consortium - a consortium comprised of seven Suffolk County towns and ten Suffolk County' villages, including the Towns of Brookhaven, East Hampton, Riverhead, Shelter Page 6 of 69 Law No. IFMS No. Town of Southold/Community Development Block Grant Island, Smithtown, Southampton, and Southold and the Villages of Bellport, Lake Grove, Patchogue, Port Jefferson, The Branch. Sag Harbor. Shoreham, Southampton, Westhampton Beach, and Westhampton Dunes. go Suflblk County Cooperation Agreement - the legally binding cooperation agreement executed by all members of the Suffolk County consortium, which contains all of the requirements as set fbrth in law, regulations, and HUD memorandums for retaining designation as a Consortium. o Project Descriptions Pursuant to this Agreement, the Contractor shall utilize CDBG funds for the projects listed below and as more particularly set forth in Exhibit 1 to this Agreement: a. Consortium Home Improvement Program Project No. 0001-14A-12- Grants and deferred loans to low and moderate income homeowners for home improvements. b. Peconic Lane Community Center - Project No. 100102-03E-12- Interior renovations and improvements to community center. c. Senior Services - Handicap Ramps Project No. 103702-14A-12 Portable handicap ramp loan program for seniors with temporary disabilities. d. Robert Perry Child Day Care Center Project No. 104901-05L-12 - Provision of safe and affordable child day care to low/moderate income families in the Greenport area. e. Community Action Southold Town - Project No. 105701-05-12 Provision of emergency food, school supplies, furniture and clothing for low income families. f. Maureen's Haven - Prqject No. 105801-05-12 - Program works with local churches to provide emergency homeless shelter and tbod to area residents experiencing homelessness. g. Administration Project No. 029901-21A-12 - Administration of the CDBG projects set forth in this Agreement. Budget The total cost of this Agreement shall not exceed $86,039.35. contemplated by this Agreement are not to exceed the budgeted amounts set forth below. PROJECT a. Consortium Home Improvement Program b. Peconic Lane Community Center c. Senior Services- Handicap Ramps d. Robert Perry Child Day Care Center PROJECT NUMBER 0001-14A-12 100102-03E-12 103702-14A-12 104901-05L-12 The individual CDBG projects BUDGET $ 46,567.35 $ 10,000.00 $ 5,000.00 $ 5,000.00 Page 7 of 69 Law No. IFMS No. To,an of ,Southold,/Community Development Block Grant e. Community Action Southold Town 105701-05-12 $ L Maureen's Haven 105801-05-12 $ g. Administration 109901-21 A- 12 $ Total CDBG amount: $ 5,000.00 5,000.00 9.472.00 86,039.35 Term Shall be as set forth on page 1 of this Agreement. The Count,',' shall have two (2) one-year options to renew this Agreement as follows: ao First Option to Renew Unless sooner terminated pursuant to the provisions herein, the first option to renew this Agreement for a one (1) year period shall automatically take effect on September 1, 2014 unless the County notifies the Contractor, in writing, by January 31, 2014, that the County is not exercising its option to renew. The County is under no obligation to renew this Agreement and may choose not to renew if, among other things, the Contractor is not in compliance with HUD rules, regulations and memorandum, including, but not limited to, the timely expenditure requirements set forth in Article VI, Paragraph 4 of this Agreement, entitled "Performance." Second Option to Renew Unless sooner terminated pursuant to the provisions herein, the second option to renew this Agreement for a one (1) year period shall automatically take effect on September 1,2015 unless the County notifies the Contractor, in writing, by January 31, 2015 that the County is not exercising its option to renew. The County is under no obligation to renew' this Agreement and may choose not to renew ii: among other thin?, the Contractor is not in compliance with HUD rules, regulations and memorandum, including, but not limited to, the timely expenditure requirements set forth in Article VI, Paragraph 4 of this Agreement, entitled "Performance. Unexpended CDBG Funds If the County chooses not to exercise its option(s) to renew this Agreement, the Contractor shall not be entitled to the balance of any unexpended CDBG funds remaining as of the date the County notifies the Contractor of its determination not to exercise its option. Instead, the Department shall distribute such funds in its sole discretion, consistent with CDBG Program laws and regulations and state and local laws and regulations. End of Article I Page 8 of 69 Law No. IFMS No. To,an of Southold/Community Development Block Grant Article 11 Definitions "Event of Default" means 1. Meanings of Terms .,'ks used herein: "Audit of Financial Statements" means the examination by the Comptroller and any Federal or State auditing authority of thc financial statements of the Contractor resulting in the publication of an independent opinion on whether or not those financial statements are relevant, accurate, complete, and fairly presented. "Budget" means the Contractor's summary or plan of all intended revenue, whether received in the fbrm of fees, grants, Count).; funding, or any other source, and expenditures necessa~' to render the Services. -'Budget Deficiency Plan" means an analysis of the cost of the Services, changes in fiscal conditions, and required modifications to the Contract to continue to render the Services. "Comptroller" means the Comptroller of the Count5' of Suflblk. "Contract" means all terms and conditions of this Contract, forming all rights and obligations of the Contractor and the Count. "Contractor" means the signatory.' corporation, its officers, officials, employees, agents, servants, sub- contractors, and any successor or assign of any one or more of the foregoing performing the Services. bo do eo f. go the Contractor's failure to perform any duty required of it under paragraphs l(b)-(e) of Article 11I of the Contract: or the Contractor's fhilure to maintain the amount and types of insurance with an authorized insurer as required by the Contract; or the Contractor's failure to maintain insurance required by the Contract ,Mth an insurer that has designated the Nex~ York Superintendent of Insurance as its lawful agent for service of process; or the Contractor's failure to comply with any Federal, State or local law, rule, or regulation, and County policies or directives; or the Contractor's bankruptcy or insolvency; or the Contractor's failure to cooperate in an Audit of Financial Statements; or the Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfeasance in financial record keeping arising out of, or in connection with, any contract with the Count,v; or '~CounD" means the Count5' of Suffolk, its departments, and agencies. "Coun~ Attorney" means the Count) Attorney of the Count).. of Suffolk. ';Department" means the signator~ department approving the Contract. the Contractor's failure to submit, or failure to timely submit, documentation to obtain Federal or State funds; or the inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the Contractor; or "Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying, as the case may be, under Section 7201 and Section 7203 of the State Education Law, respectively. any condition that the County determines, in its sole discretion, is dangerous. "Federal" means the United States government, its departments, and agencies. Page 9 of 69 "Fringe ~enefit~" means non-wage benefits x~hich accompany? or are in addition to, a person's salars', such as paid insurance, sick leave, profit-sharing plans, paid bolidass, and vacations. importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations, and other legal entities, including public bodies, as well as natural persons, and shall include successors and assigns. "Fund Source" means any direct or indirect sum pa3 able to the Contractor by the Count5' pursuant to any lawful obligation. Capitalized terms used. but not otherwise defined, herein, shall have the meanings assigned to them in the Contract. "Legislature" means the Legislature of the County of Suffolk. "Management Letter" means a letter certified as true by the Contractor's certified public accountant or chief financial officer of findings and recommendations for improvements in internal fiscal control that were identified during an Audit of Financial Statements, but which were not required to be included in an audit report. End of Text for Article II "Municipal Corporation" means a town, village, or school district. ;'Services" means all that which the Contractor must do, aud any part thereof arising out of, or in connection with, the Contract as described in Article 1 "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 x~ ill be paid to the Contractor from the Count5', Federal, or State governments, or a Municipal Corporation, and Ii) which are currently in effect or (ii) which have expired within the past twelve (12) months and have not been renewed. "Suffolk County Payment Voucher" means the document authorized and required by the Comptroller for release of pay~nent. "Term" means the time period set forth on page one of the Contract and, if exercised by the County, the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words 10 of 69 pages Article Ill General Terms and Conditions Contractor Responsibilities a. Duties and Obligations i.) It shall be the duty of the Contractor to discharge, or cause to be discharged, all of its responsibilities, and to administer funds received in the interest of the County in accordance with the provisions of the Contract. ii.) The Contractor shall promptly take all action as ma3' be necessa~' to render the Ser,,ices. iii.) The Contractor shall not take any action that is inconsistent with the provisions of the Contract. iv.) Services provided under this Contract shall be open to all residents of the Count).. Qualifications, Licenses, and Professional Standards i.) The Contractor represents and warrants that it has, and shall continuously possess, during the Terrn, the required licensing, education, knowledge, experience, and character necessary to qualify it to render the Services. ii.) The Contractor shall continuously have during the Term all required authorizations, certificates, certifications, registrations, licenses, permits, and other approvals required by Federal, State, County, or local authorities necessao' to quali~' it to render the Services. 11 of 69 pages i.) ii.) iii.) Notifications The Contractor shall immediately notify the Count), in writing, of any disciplinaD' proceedings, commenced or pending, with any authority relating to a license held by any person necessa~' to quali¢ him, her, or the Contractor to perform the Services. In the event that a person is no longer licensed to perform the Services. the Contractor must immediately notify the Count)', but in no event shall such notification be later than five (5) days after a license holder has lost the license required to qualify the license holder or the Contractor to perform the Services. 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 limiting the generality of the foregoing, if any part of the Contract remains to be performed, and the temfination of the license does not affect the Contractor's ability to render the Services, eve~' 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 of the location of the aforesaid records and documents shall be provided to the Count), no later f. ttlan the date of execution of the Contract. Such documentation shall be kept, maintained, and available for inspection by the Count).' upon twenty- fbur (24) honrs' notice. Credentialing i.) hi the event that the Department, or any division thereoh maintains a credentialing process to qualif,,, the Contractor to render the Services, the Contractor shall complete the required credentialing process. In the event that any State credential, registration, certification or license, 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 ma5' be, in writing, no later than three (3) days after such restriction, suspension, or revocation. ii.) The Contractor shall forward to the Department, or division thereof, as the case may be, on or before July 1 of each year during the Term, a complete list of the names and addresses of all persons providing the Services, as well as their respective areas of certification, credentialing, registration, and licensing. Engineering Certificate In the event that the Contract requires any Engineering Services, the Contractor shall submit to the Count).', no later than the due date for submission for approval of any engineering work product, the Certificate of Authorization ("Certificate"), issued pursuant to § 7210 of the New York Education Law, 12 of 69 pages of eveD' person performing any Engineering Services. The failure to file, submit, or maintain the Certificate shall be grounds for rejection of any engineering work product submitted for approval. Termination a. Thirty Days Termination The Count)' 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. bo Event of Default; Termination on Notice i.) The Count), may immediately terminate the Contract, for cause, upon such terms and conditions it deems appropriate, in the Event of Default. ii.) If the Contractor defaults under any other provision of the Contract, the Count), may terminate the Contract, on not less than five (5) days' notice, upon such terms and conditions it deems appropriate. b. Termination Notice Any notice providing for termination shall be delivered as provided for in paragraph 24 of this Article IlL c. Duties upon Termination i.) The Contractor shall discontinue the Services as directed in the termination notice. ii.) The County shall pay the Contractor for the Services rendered through the date of termination. iii.) The Couaty is released from any and all liability under the Contract, effective as of the date of the termination notice. iv .) Upon termination, the Contractor shall reimburse the CounB' the balance of any funds advanced to the Contractor by the Count)' no later than thirty (30) days after termination of the Contract. The provisions of this subparagraph shall survive the expiration or termination of the Contract. v.) Nothing contained in this paragraph shall be construed as a limitation on the County's rights set forth in paragraph 8 of this Article III. Indemnification and Defense proceeding arising out of or in connection with any claim asserted for infringement of copyright. The Contractor shall defend the County, its agents, servants, officials, and employees in any proceeding or action, including appeals, arising out of, or in connection with, the Contract. and any copyright infringement proceeding or action. At the County's option, the County may defend any such proceeding or action and require the Contractor to pay reasonable attorneys' fees of salary costs of Count), employees of the Department of Law for the defense of any such suit. a. The Contractor shall continuously maintain, during the Term of the Contract, insurance in amounts and B'pes as follows: The Contractor shall protect, indemni~', and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, .judgments, losses, suits or actions, costs, and expenses caused by the negligence or any acts or omissions of the Contractor, including reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and employees in any action or proceeding arising out of, or in connection with. the Contract. The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect. indemnif3', and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses arising out of any claim asserted for infringement of copyright, including reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and employees in any action or i.) ii.) iii.) Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for properly damage. The County shall be named an additional insured. Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of the Contract) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand Dollars ($100,000.00) for property damage per occurrence. Workers' Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by 13 of 69 pages lax~. The Contractor shall furnish to the County, prior to its execution of the Contract, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law § 108, the Contract shall be void and of no effect unless the Contractor shall provide and maintain coverage during the Term for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. iv.) Professional Liabilit)' insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per- occnrrence or claims-made coverage basis. The County may mandate mi increase in the liability limits set forth in the immediately preceding paragraphs (4)(a)(i), (ii), and (iv). All policies providing such coverage shall be issued by insurance companies authorized to do business in New York with an A.M. Best rating orA- or better. The Contractor shall furnish to the Count)', prior to the execution of the Contract, declaration pages for each policy of insurance, other than a policy commercial general liability insurance, and upon demand, a true and certified original copy of each such policy evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the Contractor shall furnish to the Count)', prior to the execution of the Contract, a declaration page or insuring agreement and endorsement page evidencing the County's status as an additional insured on said policy, and upon demand, a tree and certified original copy of such policy evidencing compliance with the aforesaid insurance requirements. 14 of 69 pages 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 dnty of the Contractor to notify the County immediately of any cancellation, nonrenewal, or material change in any insurance policy. f. In the event the Contractor shall fail to provide evidence of insurance, the Count) may provide the insurance required in such manner as the Count5' deems appropriate and deduct the cost thereof from a Fund Source. If the Contractor is a Municipal Corporation and has a self-insurance program under which it acts as a self-insurer for any of such required coverage, the Contractor shall provide proof, acceptable to the County, of self-funded coverage. Independent Contractor The Contractor is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding an,,Ahing contained in this Contract, the Contract shall not be construed as creating a principal-agent relationship between the County and the Contractor or the Contractor and the County, as the case may be. Severabilit)' It is expressly agreed that if any term or provision of this Contract, or the application thereof to any person or circumsumce, shall be held invalid or unenforceable to any extent, the remainder of the Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and eveD' other term and provision of the Contract shall be valid and shall be enforced to the fullest extent permitted by law. Merger; No Oral Changes It is expressly agreed that the Contract represents the entire agreement of the parties and that all previous understandings are herein merged in the Contract. No modification of the Contract shall be valid unless in written form and executed by both parties. ° Set-Off Rights The County shall have all of its common law. equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold from a Fund Source an amount no greater than any 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-off pursuant to a Comptroller's audit, the County shall only cxercise such right after the finalization thereof, and only after consultation with the County Attorney. Non-Discrimination in Services ao The Contractor shall not, on the grounds of race, creed, color, national origin, sex, 10. age, disability', sexual orientation, military status, or marital status i.) deny any individual the Services provided pursuant to the Contract; or ii.) provide the Services to an individual that is different, or provided in a different manner, from those provided to others 11. pursuant to the Contract; or iii.) subject an individual to segregation or separate treatment in any matter related to the individual's receipt of the Services provided pursuant to the Contract; or iv.) restrict an individual in any way from any advantage or privilege enjoyed by others receiving the 12. 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. 15 of 69 pages bo The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, or have the effect of substantially impairing the Contract with respect to individuals of a particular race, creed, color, national origin, sex. age, disability, sexual orientation, military status, or marital status, in determining: i.) the Services to be provided; or ii.) the class of individuals to whom. or the situations in which, the Services will be provided; or iii.) the class of individuals to be afforded an opportunity' to receive the Services. Nonsectarian Declaration The Sen, ices performed under the Contract are secular in nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to further the advancement of any religion. The Services will be available to all eligible individuals regardless of religious belief or affiliation. Governing Law The Contract shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of laws. Venue shall be designated in the Supreme Court, Suffolk County? the United States District Court for the Eastern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. No Waiver It shall not be construed that any failure or forbearance of the County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. 13. 14. 15. Conflict~ of Interest The Contractor shall not, during the Term, pursue a course of conduct which would cause a reasonable person to believe that he or she is likely to be engaged in acts that create a substantial coaflict between its obligations under the Contract and its private interests. The Contractor is charged with the duty to disclose to the Counb' the existence of any such adverse interests, whether existing or potential. This duty shall continue as long as the Term. The determination as to whether or when a conflict may potentially exist shall ultimately be made by the County Attorney after tull 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 pa%', its employees and designated representatives, against any claim. demand or action that may' be brought against the other parry, its employees or designated representatives arising out of, or in connection with, the Contract. Confidentiality Any document of the County, or any document created by the Contractor and used in rendering the Services, shall remain the property of the County and shall be kept confidential in accordance with applicable laws, rules, and regulations. 17. Such Assignment shall be subject to all of the provisions of the Contract and to any other condition the Count5, requires. No approval of any Assignment shall be construed as enlarging any obligation of the Count), under the terms and provisions of the Contract. No Assigmnent of the Contract or assumption by any person of any duty of the Contractor under the Contract shall provide for, or otherwise be construed as, releasing the Contractor from any term or provision of the Contract. Changes to Contractor ao 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 voluntaD', involuntaD.' or by operation of law, of the partners, or transfer of partnership interests (other than the purchase of partnership interests by existing partners, by the partnership itself or the immediate family members by reason of gift, sale or devise), or the dissolution of the partnership without immediate reconstitution thereof, and 16. Assignment and Subcontracting The Contractor shall not delegate its duties under the Contract, or assign, transfer, convey, sublet, or otherwise dispose of the Contract, or any of its right, title or interest therein, or its power to execute the Contract, or assign all or any portion of the monies that may be due or become due hereunder, (collectively referred to in this paragraph 16 as "Assignment"), to any other person, entity or thing without the prior written consent of the Count),, and any attempt to do any of the foregoing without such consent shall be void ab initio. ii.) if the Contractor is a closely held corporation (i.e. whose stock is not publicly held and not traded through an exchange or over the counter): 1. the dissolution, merger, consolidation or other reorganization of the Contractor; and the sale or other transfer of twenty' percent (20%) or more of the shares of the Contractor (other than to existing shareholders, the corporation 16 of 69 pages itself or the immediate family members of shareholders b.x reason ofgifL sale or devise). If the Contractor is a not-for-profit corporation, a change of twent5 percent (20%) or more of its shares or members shall be deemed a Permitted Transfer. The Contractor shall notify., the Count, in writing, which notice (the "Transfer Notice") shall include: i.) the proposed effective date of the Permitted Transfer, which shall not be less than thirty (30) days nor more than one hundred eight). (180) days after the date of deliver5, of the Transfer Notice; ii.) a summaD of the malerial terms of the proposed Permitted Transfer; deny its consent to any request of a Permitted Transfer within menty (20) days after deliver3, to the County of thc Transfer Notice, in accordance with the provisions of Paragraph 24 of Article II1 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 Count), shall be deemed to have granted its consent to such Permitted Transfer. Notwithstanding the County's consent, i.) the terms and conditions of the Contract shall in no way be deemed to have been waived or modified; and ii,) such consent shall not be deemed consent to any further transfers. iii.) the name and address of the proposed transferee; iv.) such information reasonably required by the County, which will enable the County to determine the financial responsibility, character, and reputation of the proposed transferee, nature of the proposed assignee/transferee's business and experience; v.) all executed forms required pursuant to Article IV of the Contract, that are required to be submitted by the Contractor; and vi.) such other information as the County may reasonably require. The Count3. agrees that any request for its consent to a Permitted Transfer shall be granted, provided that the transfer does not violate an3' provision of the ContracL and the transferee has not been convicted of a criminal offense as described under Article 11 of Chapter 143 of the Suffolk Coun~ Code. The County shall grant or 18. 19. 20. No Intended Third Party. Beneficiaries The Contract is entered into solely for the benefit of the County and the Contractor. No third part)' 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. 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 CounD', there is no known spouse, life partner, business, commercial, economic, or financial relationship with the County or its elected officials. The Contractor also certifies that there is no relationship within the third degree of consanguinity, bev, veen the Contractor, any of its partners, members, directors, or shareholders owning five (5%) percent or more of the Contractor, and the County. Publications Any book, article, report or other publication or printed matter related to the Services provided pursuant to this Contract shall contain the following statement in clear and legible print: 17 of 69 pages 21. 22. 23. "This publication is full5 or partially funded by the County of Suffolk." 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 Contractor hereby gives to the County, and to any other person designated by the Count),, a royalty-free, nonexclusive license to produce, reproduce, publish, translate, or otherwise use any such materials. b. Patents If the Contractor makes any discover), 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 Count).', and to any other person designated by the County, a royalt)'-ti'ee, nonexclusive license to produce or otherwise use any item so discovered or patented. kept by this law on the construction site at all times. Employee sign-in sheets and register/log books shall be kept on the construction site at all times and all covered employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the construction site during such x~orking hours. Arrears to Count~ 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 Count)' as surety. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction In the event that the Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk County Code Chapter 234, as more fully set forth in the Article entitled "Suffolk Count), Legislative Requirements," the Contractor shall maintain the documentation mandated to be 24. Notice 25. 18 of 69 pages Unless otherwise expressly provided, all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1.) to the Contractor at the address on page 1 of the Contract and 2.) to the Count)' at the Department, or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the Count)' Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, /Sixth Floor), Hauppauge, New York, 11788- 0099. Non-Discrimination In Services This Agreement is subject to the requirements of Title V1 of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part I. No person in the United States shall, on the grounds of race, color, religion, sex. sexual orientation, age, creed, ancestry, disabilit) or other handicap or marital/familial status, mlhtary status or nattonal origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activiD, receiving Federal financial assistance. This Agreement is also subject to the requirements of Title VIII of the Civil Rights Act of 1968, known as the "Fair Housing Act", which provides that it is the policy of the United States to provide, within constitutional limitations, fair housing throughout the United States, and prohibits any person from discriminating in the sale or rental of housing, the financing of housing, or the provision of 26. 27. brokerage services, including in any way making unavailable or denying a dwelling to any person, because of race, color, religion, sex, sexual orientation, age, creed, ancestr3, disabiliiy or other handicap or maritaL/familial status, military status or oational origin. The Contractor is required to administer all programs and activities related to housing and communi~' development in a manner to affirmatively further fair housing. h~ addition, the Contractor must make Community Development funds available in accordance with the Fair Housing Act. Executive Order 11063, as amended by Executive Order 12259 (Equal Oppormnit). in Housing), Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, thc Americans With Disabilities Act of 1990. Section 504 of the Rehabilitation Act of 1973, and the requirements of Executive Order 11246 (Equal Employment Opportunity), as amended by Executive Orders 11375 and 12086. Constitutional Prohibition In accordance with First Amendmcnt Church aod State Principles. the Contractor shall comply with 24 CFR 570.200(j) of the federal regulations regarding the use of Community Development funds by religious organizations and CPD Notice 04-10. Obligations of Contractor With Respect to Certain Third-Party Relationships The Contractor shall remain fully obligated under the provisions of this Contract, notwithstanding its designalion of any third party, or parties for the undertaking of all or any part of the program for which assistance is being provided under this Contract to the Contractor. The Contractor shall comply with all lawful requirements applicable to the Count), as the applicant under the National Affordable Housing Act of 1990, as amended. Any contract between the Contractor and a third- party subrecipient shall be in compliance with all applicable Federal, state, and local laws, rules 19 of 69 pages and regulations and shall include the following provisions in a written agreement: a) A description of each task to be undertaken by the subrecipient~ a schedule for completing each task and a budget tbr each task. b) Specification of records, reports and data to be maintained or submitted. c) A statement that all repayments are to be returned to the Contractor. d) Requirement of compliance with applicable OMB Circulars. e) Compliance with the following Federal law and regulations: l) Public Law 88-352 the Civil Rights Act of 1964 and Public Law 90-284 known as the Fair Housing Act. 2) 3) Section 109 of the Act requiring that no person be excluded from participation or denied benefits. or be subjected to discrimination on the grounds of race, color, national origin, sex, creed, ancestry, disability or other handicap or marital/familiar status. Section 110 of the Act regarding labor standards for contractor or subcontractors performing construction work. 4) Section 202(a) of the Flood Disaster Protection Act of 1973. 5) Executive Order l 1246 which prohibits discrimination in employment and Section 3 of the Housing and Urban Development Act of 1968 regarding the provision of employment to low income persons residing within the boundaries of the Consortium. g) h) 6) 42 U.S.C. 3535(d) 4821 and 4851 of the Lead-Base Paint Poisoning Prevention Act. 7) 24 CFR Part 24 prohibiting the use ofdebarred, suspended or ineligible Contractor or subrecipients. 8) 24 CFR Part 570.511 regulations prohibiting persons receiving benefits who have a conflict of interest. 9) 24 CFR Part 570.2000) which prescribes the use of NSP funds by religious organizatioas. Indication that the Contract may be terminated for default, inabili~:', or failure to perform. Requirement that any NSP funds on hand or accounts receivable at the time of termination shall be returned to the Contractor. Provision to ensure that: l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Contract. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Contract, the subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. End of Text for Article II1 20 of 69 pages Article IV Suffolk CounW Legislative Requirements Contractor's/Vendor's Public Disclosure Statement It shall be the duD of the Contractor to read, become familiar with, and comply with the requirements of section A5-7 of Article V of the Suflblk County Code. Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-7 of Article V of the Suffolk County Code, the Contractor represents and warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk Count), Administrative Code Article V, section A5-7 and shall file an update of such statement with the Comptroller on or before the 31st day of January in each year of the Contract's duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of the Contract, for which the County shall be entitled, upon a determination that such breach has occnrred, to damages, in addition to all other legal remedies, of fifteen 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 the duD of the Contractor to read, become fhmiliar 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 contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk Count5, Living Wage Law of the Count), of Suffolk. 21 of 69 pages Under the provisions of the Living Wage Law. the County' shall have the authority, under appropriate circumstances, to terminate the Contract and to seek other remedies as set tbrtb therein, for violations of this Law. Required Forms: Suffolk County Living Wage Form LW-]: entitled "Suffolk Count), Department of Labor - l.iving Wage Unit Notice of Application for County Compensation (Contract)." Suffolk Count), Living Wage Form LW-38; entitled "Suffolk County Department of Labor - Living Wage Unit Living Wage Certification/Declaration - Subject To Audit." Use of Coun0' Resources to Interfere with Collective Bargaining Activities It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article I of Chapter 803 of the Suffolk County Code. Count~ Contractors (as defined by section 803- 2) shall comply with all requirements of Chapter 803 of the Suffolk County Code, including the following prohibitions: The Contractor shall not use County' funds to assist, promote, or deter union organizing. No Count.,/' funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. No employer shall use Count) 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 Count3' property, the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non-intimidation agreement, and a majori~ authorization card agreement. If the Services are for the provision of human services and are not to be performed on Count3' p, roperty,~the Contractor must adopt, at the least, a neutral~t,,, agreement. Under the provisions of Chapter 803, the Count)' shall have the authorit),, under appropriate circumstances, to terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. Required Form: Suffolk Count), Labor Law Form DOL-LOI: entitled "Suffolk Count), Department of Labor Labor Mediation Unit Union Organizing Certification/Declaration - Subject to Audit." Lawful Hiring of Employees Law It shall be the dub' of the Contractor to read. become lhmiliar with, and comply with the requirements of Article 11 of Chapter 353 of the Suffolk Count)' Code. This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered employers, (as defined), and the owners thereof; as the case may be, that are recipients of compensation from the Count)' through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County, or an awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as 22 of 69 pages the case may be. that are assigned to perform work in connection with a Count) 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 Count3', shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section ] 324a with respect to the hiring of covered employees and with respect to the alien and nationalit) status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, snbcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January ] of each year for the duration of any contract and upon the renewal or amendment of the Contract, and whenever a new contractor or subcontractor is hired under the terms of the Contract. The Contractor acknowledges that such filings are a material, contractual and statutory' duty and that the failure to file any such statement shall constitute a material breach of the Contract. Under the provisions of the Lawful Hiring of Employees Law, the Count)' shall have the authority to terminate the Contract for violations of this Law and to seek other remedies available under the law. The documentation mandated to be kept by this law shall at all times be kept on site. Employee sign-in sheets and register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the site during such working hours. Required Forms: Suffolk Count)' Lawlhl ttiring of Employees Law Form LHE-I: entitled "Suffolk Count' Department of Labor Notice Of Applicalion To Ceftin' Compliance With Federal Law (8 U.S.C. Section 1324a) With Respect '[o Lawful }liring of Employees." Suffolk Count), Lawful Hiring of Employees Law Form LHE-2; entitled "Affidavit Of Compliance With The Requirements Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring Of Employees" G fatuities It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 664 of the Suffolk CounU' Code. The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of the Count)' or the State or of any political part)', with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement. Prohibition Against Contracting with Corporations that Reincorporate Overseas It shall be the du~, of the Contractor to read, become familiar with, and comply with the requirements of sections A4-13 and A4-14 of Article IV of the Suffolk County Code. The Contractor represents that it is in compliance with sections A4-13 and A4-14 of Article 1V of the Suffolk County Code. Such law provides that no contract for consulting services or goods and services shall be awarded by the County' to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. Child Sexual Abuse Reporting Policy o 10. 23 of 69 pages It shall be the duty of the Contractor to read, becmne familiar with, and comply with the requirements of Article II of Chapter 880 of the Suffolk Count)., Code. The Contractor shall comply with Article I1 of Chapter 880. of the Suffolk Coun~ Code. entitled "Child Sexual Abuse Reporting Policy," as now in effect or amended hereafter or of an5 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 11 of Chapter 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 guilt)' after a trial or a plea of guilty to an offense covered under section 189-5 of the Suffolk County Code under "Nonresponsible Bidder." Use of Funds in Prosecution of Civil Actions Prohibited It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article III of Chapter 893 of the Suffolk Count),' Code~ The Contractor shall not use any of the moneys, in part or in whole, and either directly or indirectly, received under the Contract in connection with the prosecution of any civil action against the County in any jurisdiction or any judicial or administrative forum. Youth Sports It shall be the dui)' of the Contractor to read, become familiar with, and comply with Article III of Chapter 730 of the Suffolk County Code. All contract agencies that conduct youth sports programs are required to develop and maintain a 11. 12. x~ritten plan or policy addressing incidents of possible or actual concussion or other head injuries among sports program participants. Such plan or policy must be submitted prior to the award of a County contract, grant or funding. Receipt of such plan or policy by the County does not represent approval or endorsement of any such plau or policy, nor shall the CounD' be subject to any liability in connection with any such plan or policy. Work Experience Participation If the Contractor is a not-for-profit or governmental agency or institution, each of the Contractor's locations in the County' at which the Services are provided shall be a work site for public-assistance clients of Suffolk Connty pursuant to Chapter 281 of the Suffolk County Code at all times during the Term oftbe Contract. If no Memorandum of Understanding ("MOU") with the Suffolk County Department of Labor for work experience is in effect at the beginning of the Term of the Contract, the Contractor, if it is a not-for-profit or governmental agency or institution, shall enter into such MOLl as soon as possible after the execution of the Contract and failure to enter into or to perforn~ in accordance with sucb MOU shall be deemed to be a hilure to perform in accordance with the Contract. for which the County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. Suffolk Coon~ Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be accessed on the homepage of the Suffolk County Legislature. End of Text for Article IV 24 of 69 pages Article V General Fiscal Terms and Conditions 1. General Payment Terms In addition to such specific payment terms as tnaybe set forth elsewhere in this Agreement. the Contractor shall abide by the following: Presentation of Suffolk Count).' Payment Voucher In order for payment to be made by the Count).' to the Contractor for the Sen, ices, the Contractor shall prepare and present a Suflblk County Payment Voucher, which shall be documented by sufficient, competent and evidential matter. b. Voucher Documentation The Suffolk County Payment Voucher shall list all information regarding 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 lfor the Sen, ices already rendered and expenditures already made), or not more than thirty (30) days after the expenditures were made, and in no event after the 31st day of JanuaD' following the end of each year of the Contract, the Contractor shall furnish the County with detailed documentation in support of the payment for the Services or expenditures under the Contract e.g. dates of the Service, worksite locations, activities, hours worked, pay rates and all program Budget categories. The Suffolk Count)' Payment Voucher shall include time records, certified by the Contractor as true and accurate, of all personnel for whom expenditures are claimed during the period. Time and attendance records of a project director, if any, shall be certified by the Chairperson, President or other designated member of the Board of Directors of the Contractor. All Sufiblk Coun~ Payment Vouchers must bear a signature as that term is defined 25 of 69 pages do pursuant to New York State General Construction Law §46 by duly authorized persons, and certification of such authorization with certified specimen signatures thereon must be filed with the County by a Contractor official empowered to sign the Contract. Disbursements made by the Contractor in accordance with the Contract and submitted for reimbursement must be documented and must comply with accounting procedures as set forth by the Suffolk County, Department of Audit and Control. Documentation, including any other form(s) required by County or the Suffolk County Department of Audit and Control, shall be furnished to the Count)' pursuant to, and as limited by, the Regulations for Accounting Procedures for Contract Agencies of the Suffolk County Department of Audit and Control. In addition to any other remedies that the County may have, failure to supply the required documentation will disqualify the Contractor from any further Count)' contracts. Payment by County Payment by the Count)' shall be made within thirty (30) days after approval of the Suffolk County Payment Voucher by the Comptroller. Budget Modification i.) The parties shall use the Contract Budget Modification Request form ("Budget Modification") for revisions to the Budget and Services not involving an increase to the total cost of the Contract. The Contractor shall submit to the County the Budget Modification proposed revisions for either Budget or the Services. Such request must be made in advance of incurring any eo expeuditure for which the revision is oeeded. 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 ibc County for execution. iii.) Upon complete execution of the Budget Modification form, the County shall return a copy to the Contractor. The revision shall not be effective until the Budget Modification is completely executed. iv.) The Budget Modification form may be submitted only re, ice per calendar year and may only be submitted prior to November 15th of that year. Budget and/or Services Revisions i.) ii.) The parties shall use the Contract Budget/Serxrices Revision Approval Form (Budget/Services Revisions) for revisions to the Budget and Services involving any change to the total cost of the Contract due to a resolution of the Legislature, changes to the County's adopted annual budget, or for any other reason necessitating revisions to the Budget or Services. When the County' and the Contractor agree as to such revisions, the Contractor shall execute the BudgetJServices Revisions form. The Contractor shall return it to the Count).. iii.) Upon complete execution of the form by the parties, the County shall return a copy to the Contractor. The revision shall 26 of 69 pages not be effective until the Budget /Services Revisions is completely executed. f. Taxes The charges payable to the Contractor under the Contract are exclusive of federal, state, and local taxes, the Count), being a municipality exempt from payment of such taxes. g. Final Voucher 'Fhe acceptance by the Contractor of payment of all billings made on the final approved Suffolk County Payment Voucher shall operate as and shall be a release of the County from all claims by the Contractor. Subject to Appropriation of Funds bo The Contract is subject to the amount of funds appropriated each fiscal year and any subsequent modifications thereof by the County Legislature mid no liability. shall be incurred by the County.' beyoud the amount of funds appropriated each fiscal year by the County Legislature i'or the Services. If the Count), fails to receive Federal or State funds originally intended to pay for the Services, or to reimburse the Count),, in whole or in part, for payments made for the Services, the County. shall have the sole and exclusive right to: i.) determine how to pay for the Services; ii.) determine future payments to the Contractor; and iii.) determine what amounts, if any, are reimbursable to the County by the Contractor and the terms and conditions under which such reimbursement shall be paid. The Count3 may, during the Term, impose a Budget Deficiency Plan. In the event that a Budget Deficiency Plan is imposed, the County shall promptly notify the Contractor in writing of the terms and conditions thereof, which shall be deemed incorporated in and made a part of the Contract. and the Contractor shall implement those terms and conditions in no less than fourteen (14) days. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures Upon request, the Contractor shall submit to the Count)' a current copy, certified by the Contractor as true and accurate, of its i.) salaD' scale for all positions listed in the Budget; ii.) personnel rules and procedures; iii.) pension plan and any other employee benefit plans or arrangements. bo The Contractor shall not be entitled to reimbursement for costs under any pension or benefit plan the Comptroller deems commercially unreasonable. Notwithstanding an~hing in this paragraph 3 of this Article V, the County shall not be limited in requesting such additional financial information it deems reasonable. Accounting Procedures The Contractor shall maintain accounts, books, records, documents, other evidence, and accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the Contract, in accordance with generally accepted accounting principles and with rules, regulations and financial directives, as 27 of 69 pages may be promulgated by the Suffolk Count3.' Department of Audit and Control and the Department. The Contractor shall permit inspection and audit of such accounts, books, records, documents and other evidence by the Depamnent and the Sui'folk Count), Comptroller, or their representatives, as often as, in their judgment, such inspection is deemed necessaD'. Such right of inspection and audit as set forth in subparagraph b. below shall exist during the Term and for a period of seven (7) years after expiration or termination of the Contract. The Contractor shall retain all accounts. books, records, and other documents relevant to the Contract for seven (7) years after final payment is made by the County. Federal, State. and/or Count3' auditors and any persons duly authorized by the Count3 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. The Contractor shall utilize the accrual basis of accounting and will submit all financial reports and claims based on this method of accounting during the Tenn. Audit of Financial Statements a° All payments made under the Contract are subject to audit by the Comptroller pursuant to Article V of the Suffolk County Charter. The Contractor further agrees that the Comptroller and the Department shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transactions or other records relating to services under the Contract. If such an audit discloses overpayments by the County, to the Contractor, within thirty (30) days after the issuance of an official audit report b,y the Comptroller or his dui) 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 satisfactory repayments are not made, the Count).' may recoup overpayments from any amounts due or becoming due to the Contractor from the Count)' under the Contract or otherwise. The provisions of this paragraph shall survive the expiration or termination of the Contract. Financial Statements and Audit Requirements ao Notwithstanding any other reporting or certification requirements of Federal, State, or local authorities, the Contractor shall obtain the services of an independent licensed public accountant or certified public accountant (the ~Auditor") to audit its financial statements for each Contractor's "fiscal year" in which the Contractor has received, or will receive, three hundred thousand ($300,000.00) dollars or more from the Count),, whether under the Contract or other agreements with the County, and shall submit a report to the Count) 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 Contractor in accordance with generally accepted accounting principles. The Contractor may solicit requests for proposals from a number of qualified accounting firms and review carefully the costs of~ and qualifications for, this Dpe of work before selecting the Auditor. The Auditor should be required to meet the lbllowing minimum requirements: 28 of 69 pages do eo 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 x~ithin not tnore than three (3) years prior to the date when the Auditor was selected to conduct the audit. The audit must be conducted in accordance with generally accepted governmental auditing standards. Financial statements must clearly differentiate between County-funded programs and other programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged for this purpose. The Auditor must also prepare a Management Letter based on the audit. In the event the Contractor is a not-for- profit organization or unit of local government and expends five hundred thousand ($500,000.00) dollars or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass- through entit)., such as New York State or Suffolk County, during any fiscal year within which it receives funding under the Contract, the audit must be conducted, and the audit report ("Single Audit Report") must be, in accordance with OMB Circular No. A-133 (revised June 27, 2003). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass-through entity, to the extent required by the OMB Circular referred to above. The Contractor must submit to the Count), a statement in writing, certified f. ho by, its chief financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must mail or deliver the certified statement to the Department and to the Executive Director of Auditing Services, Suft~31k County Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial Highway, P. O. Box 6100, Hauppauge, New York 11788-0099, as soon as possible after the end 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 Count),' and other pass-through entities. Copies of all financial statements. Management Letters, Single Audit Reports and other audit reports must be transmitted to the Count3' and to the Executive Director of Auditing Ser,,ices at the address set forth above. The reports must be submitted within thirty (30) days after completion of the audit, but in no event later than nine (9) months after the end of the Contractor's fiscal year, to which the audit relales. These requirements do not preclude the Count3', the Comptroller, or their authorized representatives, or Federal or State auditors from auditing all records of the Contractor. Therefore. the records of the Contractor must be made available to authorized representatives of Federal, State and County government for that purpose. The provisions of this paragraph shall survive the expiration or termination of the Contract. Furniture, Fixtures, Equipment, Materials, Supplies fl. Purchases, Rentals or Leases Requiring Prior Approval Prior to placing any order to purchase, rent or lease any furniture, fixtures, or 29 of 69 pages equipment valued in excess of one thousand dollars ($1,000.00) per unit for which the Contractor will seek reimbursement from the CounD'. the Contractor shall submit to the County a written request for approval to make such a proposed purchase, rental or lease, with a list showing the quantity and description of each item. its intended location and use, estimated unit price or cost, and estimated total cost of the proposed order. Written approval of the Count3 shall be required before the Contractor may proceed with such proposed purchase, rental or lease of furniture, fixtures or equipment. All items purchased must be new or like new unless specifically described otherwise in the Budget. bo Purchase Practices/P roprieta ~' Interest of Count~' i.) The Contractor shall follow the general practices that are designed to obtain furniture. fixtures, equipment, materials, or supplies at the most reasonable price or cost possible. ii.) The County reserves the right to purchase or obtain furniture, fixtures, equipment, materials, or supplies for the Contractor in accordance with the programmatic needs of the Contract. If the County exercises this right, the amount budgeted for the items so purchased or obtained by the County, for the Contractor shall not be available to the Contractor for any purpose whatsoever. Title to any such items purchased or otherv, ise obtained by the County for the programs encompassed by the Contract and entrusted to the Contractor, shall remain in the County. iii,) 'Fhe Count_ shall retain a proprietary' interest in all furniture, removable fixtures, equipment, materials, and supplies purchased or obtained by the Contractor aud paid IBr or reimbursed to the Contractor pursuant to the terms of the Contract or any prior agreement between the parties. iv.) The Contractor shall attach labels indicating the County's proprietar) 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, an assignment for the benefit of its creditors, or the failure of the Contractor to satisfy any judgment against it x~ ithin thirty (30) days of filing of the judgment, the Count)' shall have the right to take title to and possession of all furniture, removable fixtures~ equipment, materials, and supplies and the same shall thereupon become the property of the CounB' without any claim tbr reimbursement on the part of the Contractor~ lnvento0' Records, Controls and Reports The Contractor shall maintain proper and accurate inventor) 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 30 of 69 pages eo f. inventor), 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, arid one (1) copy thereof shall be delivered to the Count)' within five (5) days after the date set for the aforesaid physical count. Within five (5) days after the termination or expiration date of the Contract. the Contractor shall submit to the County six (6) copies of the same report updated to such date of the Contract, certified and signed by an authorized official of the Contractor, based on a physical count of all items of furniture, removable fixtures and equipment on the aforesaid expiration date. and revised, if necessary', to include any inventor) changes during the last three (3) months of the Term. Protection of ProperD' in Contractor's Custody The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, fixtures, equipment, material or supplies in its custody against damage or loss by fire. burglary', theft, disappearance, vandalism, or misuse. In the event of burglary, theft, vandalism, or disappearance of any item of furniture, fixtures, equipment, material or supplies, the Contractor shall immediately notify the police and make a record thereof, including a record of the results of any investigation which may be made thereon. In the event of loss of or damage to any item of furniture, fixtures, equipment, materials, or supplies from any cause, the Contractor shall immediately send the County a detailed written report thereon. Disposition of Property in Contractor's Custody Upon termination of the CounD"s funding of any of the Services covered by the Contract, or at any other time that o 10. th.e County' may direct, the Contractor shall make access available and render all necessary assistance lbr physical removal by the Coun~ 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 proprieta~' interest, in the stone 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 CounD' and the State of New York. Lease or Rental Agreements If lease payments or rental costs are included in the Budget as an item of expense reimbursable by the County, the Contractor shall promptly submit to the Count~, upon request, any lease or rental agreement. If during the Term, the Contractor shall enter into a lease or rental agreement, or shall renew a lease or rental agreement, the Contractor shall, prior to the execution thereof, submit such lease or rental agreement, to the CounW for approval. Statement of Other Contracts Prior to the execution of the Contract, the Contractor shall submit a Statement of Other Contracts to the Connty, which shall be attached as an exhibit to the Contract. If the Contract is amended during the Term, or if the Count5 exercises its option right, the Contractor shall attach a then current Statement of Other Contracts. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations The maximum amount to be paid by the County is set forth on the first page of the Contract. bo Duplicate Payment from Other Sources 31 of 69 pages Co Payment by the Count' for the Services shall not duplicate payment received by the Contractor from any other source. 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 progrmn the sums received, their source and the total program budget. Outside Funding for Non-County Funded Activities Notwithstanding the foregoing provisions of the Contract, it is the intent of the County that the terms and conditions of the Contract shall not limit the Contractor from applying for and accepting outside grant awards or from providing additional educational activities/services which may result in the Contractor incurring additional costs, as long as the following conditions are met: i.) ii.) iii.) iv.) The County is not the Fund Source lbr the additional services; Sufficient funding is available for or can be generated by the Contractor to cover the cost incurred by the Contractor to provide these additional services; and If sufficient funding is not available or cannot be generated, the County shall not be held liable for any of the additional costs incurred by the Contractor in furnishing such additional services. Prior to scheduling any such additional services on County- owned property', the Contractor shall obtain written CounW approval. The Contractor shall, to the County's satisfaction, submit any documentation f. requesled by the Department reflecting the change, and identi~, the additional services to be provided and the source of funding that shall be utilized to cover the expenditures incurred by the Contractor in uudertaking the additional services. 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 Cmmty. 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 evenl 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, the Contract may be terminated in whole or in part, or the amount payable to the Contractor may be reduced al the discretion of the County, provided that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction, and provided that money has been appropriated for payment of such costs. Denial of Aid If a State or Federal government agency is funding the Contract and fails to 32 of 69 pages ho approve aid in reimbursement to the Count), for payments made hereunder by the County to the Contractor for expenditures made during the Term because of any act, omission or negligence on the part of the Contractor, then the Count~ 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 Contractor under the Contract, on demand by the County, the Contractor shall reimburse the County for the amount of the balance due the County, payable to the Suffolk Count), Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. Budget The Contractor expressly represents and agrees that the Budget lists all revenue, expenditures, personnel, personnel costs and/or all other relevant costs necessal3_' to provide the Services. Payment of Claims Upon receipt of a Suffolk Count), Payment Voucher, the County, at its discretion, may pay the Contractor during the Term, in advance, an amount not to exceed one sixth (1/6) of the maximum amount to be paid by the County set forth on the first page of the Contract. Payments Limited to Actual Net Expenditures The Contractor agrees that if, for any reason whatsoever, the Contractor shall spend during the Term for the purposes set forth in the Contract an amount less than, or receive amounts more than, provided in the Budget, the total cost of t!~e Contract shall be reduced to the net amount of actual Contractor expenditures made for such purposes. Tile 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 Contractor's total amount of allowable expenses is less than tile total amount of the payments made during the Term, the Contractor shall prepare a check payable to the Suffolk County Treasurer fbr the differeuce between the two amounts and submit such payment to the Count'. along with the final Suffolk Count' Payment Voucher. k. Travel Costs Reimbursement to the Contractor for travel costs shall not exceed amounts allowed to Count3.' employees. I. 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 CounD' and must be in compliance with Suffolk County Standard Operating Procedure A-07 and Executive Order No. 14-2007. m. 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 Count3'. n. Sala~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 CounD'. qo o. Contractor Vacancies The Count' shall have the right of prior approval of the Contractor's filling of any vacant position as of the date of execution of the Contract or as may thereafter become vacant, and, in the exercise of that right, lhe Count), may promulgate reasonable regulations involving filling of vacancies which shall be deemed to be incorporated by reference in, and be made part of, the Contract, 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 the Contract and at law and equity. Comptroller's Rules and Regulations The Contractor shall comply with the "Comptroller's Rules and Regulations for Consultant's Agreements" as promulgated by the County Department of Audit and Control and any amendments thereto during the Term. The Count), shall provide the Contractor with a copy of any amendments to the "Comptroller's Rules and Regulations for Consultant Agreements" during the Tenn. End of Article V 33 of 69 pages Article VI Federal Requirements 1. Grant Administration a. Authorization Notwithstanding an5' other provision of this Agreement, the Contractor must submit evidence and the County must certify, prior to any commitment of funds under this Agreement, that all grant responsibilities have been met and are in accordance with applicable regulations. Upon such certification, the County will give notice authorizing the Contractor to begin CDBG projects set forth in Article I of this Agreement. b. Supervision It is agreed that the nature and extent of the CDBG projects undertaken pursuant to this Agreement shall be subject to the general supervision of the County. The County as applicant is primarily responsible for overseeing the CDBG program. The Contractor agrees to comply fully with rules, regulations, criteria, guidelines and expenditure controls heretofore adopted or to be adopted by the County and Federal Governments pursuant to law. 2. County-Contractor Relationship The relationship of the Contractor to the County shall be governed as expressly provided for in the Suffolk County Cooperation Agreement and this Agrcement. 3. National Objectives Contractor certifies that the CDBG projects carried out under this Agreement meet the National Objectives as defined in 24 CFR 570.208. 4. Performance The Contractor agrees to begin work on its CDBG projects set forth in Article I of this Agreement within a reasonable time after the effective date of this Agreement and meet timely expenditure requirements. The Contractor will be considered to meet timely requirements if by January 15th of each veer its total balance of unexpended funds from all program ,,,ears does not exceed 1.5 times the Contractor's last annual CDBG allocation. b. Timely Expenditure Required It is critical that the Contractor commence work on the CDBG projects in a timely fashion. Failure to commence work and meet timely expenditure requirements may result among other things, in a reduction of the Contractor's CDBG funding and/or the County electing not to exercise its option to renew this Agreement. More specifically: 1) If the Contractor has unexpended balances from previous years' funding, which are from four (4) or more years prior to the current program year; or 34 of 69 pages 2) If the Contractor has a past history of not meeting timely expenditure requirements: or 3) If the Contractor, by January 15th of each year has a total balance of unexpended funds from all program years, which exceed 1.5 times the Contractor's last annual CDBG allocation, then the County may, among other things, and either singularly or in combination: a) Chose not to exercise its option(s) to renew' this Agreement; b) Require the Contractor to submit information to the County regarding the reasons for lack of perfbrmance and actions being taken to remove the causes for delay; c) Require the Contractor to demonstrate to the County that the Contractor has the capacity to carry out CDBG projects and meet CDBG timely expenditure requirements; d) Require the Contractor to submit to the County progress schedules for completing CDBG projects in compliance with CDBG timely expenditure requirements; e) Issue a letter of warning to the Contractor advising that more serious sanctions will be taken if the deficiency is not corrected or is repeated: f) Require the Contractor to suspend, discontinue or not incur costs for CDBG projects; g) Condition or reduce the Contractor's allocation of CDBG funds in the succeeding year; and h) Reduce the Contractor's allocation of CDBG funds in the current year by one-hundred percent (100%) of the total balance of unexpended funds, from all program years, which exceed 1.5 times the Contractor's last annual CDBG allocation. 5. Citizen Participation The Contractor agrees to provide citizens ~vith adequate information concerning the amount of funds available for proposed CDBG projects, the range of eligible activities, and other important program requirements. The Contractor als() agrees to provide citizens with adequate opportunities to articulate needs, express preferences about proposed activities, assist in the selection of priorities, and otherwise assist and participate in the development of the federal Housing and Community Development Program. Pursuant to this requirement, each Contractor shall hold at least one public hearing during the annual application preparation period, prior to the submission to HUD. The County shall also hold at least one pre-submission public hearing. 6. Flood Disaster Protection This Agreement is subject to Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) which provides that no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes (as defined under Section 3(a) of said Act (42 U.S.C. 400(a)), one year after a community has been formally notified of its identification as a community containing an area of special flood hazard, for use in any area that has been identified by the Director of the Federal Emergency Management Agency as an area having special flood hazards unless the community in ~vhich such area is situated is then participating in the National Insurance Program. Notwithstanding the date of HUD approval of the County's annual action plan, funds provided under this part shall not be expended for acquisition or construction purposes in an area that has been identified by the Federal Emergency Management Agency ("FEMA") as having special flood hazards unless the community in which the area is situated is participating in the National Flood Insurance Program in accordance with 44 CFR Pans 59-79, or less than a year has passed since FEMA notification to the community regarding 35 of 69 pages ~uch hazards: and flood insurance is obtained in accordance with Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 ). Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved wilh assistance provided under this Agreement shall contain, if such land is located in an area identified by the Federal Government as having special flood hazards and in which the sale of flood insurance has been made available under the Flood Insurance Act of 1968, as amended, 42 USC 4001. et. seq.. provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required xvith respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required, notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 7. Equal Employment Opportunil).' and Affirmative Action Equal OpportuniB': In carrying out the CDBG projects, the Contractor shall ensure that no person, on the grounds of race, color, creed, ancestry, disability or other handicap, age, marital/f:amilial status, militaD' status, national origin, sexual orientation, religion or sex be excluded from participation im be denied the benefits ot; or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color. creed, ancestry, disability or other handicap, marital/familial status, military status, religion, sex, sexual orientation, age or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants to employment, notices to be provided by the Federal Government setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for e~nployment without regard to race, color. religion, sex, sexual orientation, age, creed, ancestry, disability or other handicap, marital/familial status, militaD' status, or national origin. The Contractor shall incorporate the foregoing requirements of this Subparagraph an in all of its contracts for program work, except contracts governed by Subparagraph b of this Paragraph, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor shall have its own Affirmative Action Plan which meets Federal requirements on file with the County Community Development Office and approved by HUD or be bound by a Consortium-wide Affirmative Action Plan developed by the County and applicable to local personnel funded with Community Development Block Grant funds. The County Community Development Director shall be designated as the Consortium's Affirmative Action Officer. Separate community development agencies, will be required to develop and implement their own Affirmative Action Plan, unless such a plan has already been developed and approved by HUD. Individual agency plans must be submitted to HUD for its review and approval. If the Plan is not 36 of 69 pages bo adceptable to the County or HUD. the community development agency will be required to submit a revised Plan(s), until approved by HUD. All employees of the Contractor paid with CDBG funds must meet all Ne,x York State Civil Service Requirements for employment; however, this provision shall not apply to any Community Development Agency or its employees. Contracts Subject to Executive Order 11246, as amended, shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Contractor shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work. or modification thereof, as defined in said regulations, which is paid for in whole or part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this Agreement. thc Contractor agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, creed, ancestry, disability or other handicap or marital/familial status or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, free from such discrimination. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause. 2) The Contractor will, in all solicitations for advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, cree& ancestry, disability or other handicap or marital/familial status or national origin. 3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining Contract or other contract or understanding, a notice to be provided by the contract Compliance Officer advising the said labor union or workers representatives of the Contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965; 24 CFR 570.603; and 24 CFR 570.607; and by the rules. regulations, and orders of the Secretaries of I,abor and [lousing and Urban Development, or pursuant thereto, and will permit access to his books, records and accounts by the Federal Government and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 37 of 69 pages 7) In thc event of the Contractor's non-co~npliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally assisted construction contract proccdures authorized in Executive Order 11246 or September 24. 1965, or by rule. regulation, or order of the Secretary of Labor. or as otherwise provided by law. The Contractor will include the portion of the sentence immediately preceding Paragraph 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issues pursuant to Section 204 of Executive Order 11246 of September 24. 1965. so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to an5' subcontract or purchase order as the Federal Government may direct as a means of enforcing such provisions, including sanctions for non-compliance; providing, however. that in the event a Contractor becomes involved in, or is threatened with. litigation with a sub-contractor or vendor as a "result of such direction of the Federal government, the Contractor may request the United States to enter into such litigation to protect the interest of the United States." do eo f. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, however, that if the Contractor so participating is a state or local government. the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with the Federal Government and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulation, and relevant orders of the Secretary of Labor: that it will furnish the Department and the Secretary of Labor such information as they may require for the supervision of such compliance and that it will otherwise assist the Federal Government in the discharge of its primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 with a contractor debaiTed from, or who has not demonstrated eligibility fbr, Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause by any Government Contractor in accordance with procedures established by the Secretary of Labor pursuant to Part 1I. Subpart D, of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the Federal Government may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant or loan guarantees; refrain from extending any further assistance to the Contractor under the program with respect to which the failure or refusal occurred until the satisfhctory assurance of future compliance has been received from such Contractor, and refer the case to the Department of Justice for appropriate legal proceedings. 38 of 69 pages 8. Compliffnce with Section 3 of the Housing and Urban Development Act The Contractor shall comply with Section 3 of the l fousing and Urban Development Act of 1968 as same may be amended from time to time. In planning and carrying out CDBG projects, the Contractor shall ensure, to the greatest extent feasible, that opportunities for training and employment be given to lower income persons residing ~vithin the boundarics of the Suffolk CounD' Consortium and that, also to the extent feasible and consistent with state and federal laws, contracts for work on CDBG projects be awarded to eligible business concerns which are located in or owned in substantial part by persons residing within the boundaries of the Suttblk County Consortium. The Contractor shall cause or require to be inserted in tull. in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set tbrth in 24 CFR 135.20(b). The Contractor shall provide such copies of 24 CFR Part 135 as may be necessary for the intbrmation of parties to contracts required to contain the Section 3 clause. 9. Minori~ Business and Women's Business Enterprise The Contractor must comply with Executive Orders 11625 and 12432 and, to the extent permissible by law', make good faith effbrts to encourage the use of minority and women's business enterprise in connection with CDBG funded activities. The Contractor, to extent permissible by law, shall ensure the inclusion of minorities and women, and entities owned by minorities and women, including, without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts entered into with such persons or entities, public and private, in order to facilitate the activities of the CDBG programs. 10. Lead Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the requirements of 24 CFR Part 35, subparts A, B and R and subparts C through M, as may be amended, when applicable. Any rehabilitation or acquisition of residential structures by the Contractor with assistance provided under this Agreement shall be made subject to l,ead-Based Paint Poisoning Prevention, and the Contractor shall be responsible for notifications, certified hazard evaluations, certified hazard reduction, and certified safe construction work places, certified clearances and record keeping. I 1. Fire Prevention and Control Act Housing assistance provided in the fbrm of a grant, contract, loan guarantee, cooperative agreement. interest subsidy, interest or direct appropriation under this Contract is subject to the provisions of the Fire Administration Authorization Act of 1992 (Pub. L. 102-522), as may be amended. The Contractor shall be required to comply with applicable fire protection and safety standards. 39 of 69 pages 12. Federa?Labor Standards Provisions The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 ['.S.C. 327 et seq.), as may be amended, and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Contractor agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.), as it may be amended and the implementing regulations of the U.S. Department of Labor at 29 CFR Part 5, as may be amended. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Department for review upon request. The Contractor agrees that. except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1,3, 5 and 7, as may be amended, governing the payment of wages and ratio of apprentices and trainees to journey workers: provided that, if wage rates higher than those required under the regulations are imposed by state or local law-, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 13. Compliance With Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857, et. seq.; the Federal Water Pollution Control Act, as amended, 33 USC 1251, et. seq.; and the regulations of the Euvironmental Protection Agency ("EPA") with respect thereto, at 40 CFR 15. as may be amended from time to time. In compliance with said regulations, the Contractor shall cause or require to be inserted in full in all contracts and subcontracts with respect to any non-exempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: ao bo co A stipulation by the contractor or subcontractors that any facility to be utilized in the perfom~ance of any non-exempt contract or subcontract is not listed on the List of Violating Facilities issued by the EPA pursuant to 40 CFR 15.20. Agreements by the Contractor to comply with all their requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized tbr the contract is under consideration to be listed on the EPA List of Violating Facilities. 40 of 69 pages Agreement by the Contractor that he will include or cause to be included the criteria and requirements in subparagraphs a through d of this Paragraph in every non-exempt subcontract and requiring that the Contractor will take such action as the Federal Government may direct as a means of enibrcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1 ) of the Clean Air Act or Section 209(c) of the Federal Water Pollution Control Act, as may be amended. 14. Relocation Assistance and Acquisition of Real Property The Contractor shall provide fair and reasonable relocation payments and assistance in accordance with thc Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the government-wide URA regulations at 49 CFR Part 24. to or for families, individuals, partnerships, corporation, or associations displaced as a result of any acquisition of real property for an activity assisted under the program. The Contractor shall infonn potential displaced persons of the benefits, policies and procedures provided for under HUD regulations. The Contractor shall can3' out the relocation process in such a manner as to provide such displaced persons with uniform and consistent sen, ices, including any services required to insure that the relocation process does not result in different or separate treatment to such displaced persons on account of their race, color, religion, national origin, age, sex, or source of income. In acquiring real property, the Contractor should be guided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the government-wide URA regulations at 49 CFR Part 24. 15. Consolidated Plan The Contractor, as party to the Community Development Program, and as a participant in the Suffolk County Consortium, acknowledges that it is contractually and otherwise legally bound per prior resolution of its governing body to use its best efforts to ensure the carrying out of the goals of the Consolidated Plan approved by HUD. The Contractor shall also be contractually and legally bound to use its best eflbrts to ensure the carrying out of the Consolidated Plan which is currently in effect. 16. Displacement This Agreement is subject to laws and regulations which require the implementation of a policy to minimize the displacement of persons from their homes and neighborhoods and to mitigate adverse cffects of such displacement on low and moderate income persons. In accordance, the Contractor shall follow the Suffolk County Community Development Consortium Policy and Procedures, as may be amended from time to time, on Displacement when implementing CDBG projects. 41 of 69 pages 17. Books ',ind Records of Accounting The Contractor agrees that it shall keep and maintain separate books of account and records concerning all costs incurred in the pertbrmance of this Agreement, and that it shall have available for audit and inspection by the County or by authorized representatives of HUD, all the Contractor's facilities, books and other financial and statistical data, whether related to the CDBG projects or otherwise. The Contractor agrees to maintain or submit to the County, as individually required, the following data or documents, or inlbrmation to complete the following documents: a. Project Description Forms b. Environmental Survey c. Demographic Survey d. Budget Modifications e. HUD/EEO-4 Employment Data Form f. Minority Business Enterprise Report g. Other data as may be required by HUD 18. Program Income The County shall assign program income generated by the Contractor for the purpose of carrying out eligible CDBG activities. All provisions of this Agreement shall apply to the use of program income assigned to the Contractor by the County. The Contractor shall inform the County of all income generated by the expenditure of CDBG funds received by the Contractor and to substantially disburse assigned program income for eligible Community Development Activities before additional cash withdrawals are made by the County from the U.S. Treasury for the same activity. The County will require at the end of the program year, the remittance by the Contractor of all or pan of any program income balances (including investments thereof) held by the Contractor (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). if a Contractor withdraws from the Suffolk County Consortium prior to the expiration of the Cooperation Agreement between the Contractor and the County, all program income received and not expended in accordance with this Agreement shall be due and payable to the County and the County ma',' terminate this Agreement as set tbrth in Paragraph 2. Article 3, entitled "Termination." 19. Real Proper .ty Real property acquired or improved in whole or in part using Community Development funds that is within the control of the Contractor shall require the following actions: a. The timely notification of the County by the Contractor of any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition; 42 of 69 pages b'. ReiMbursement of the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-Community Development funds) of property acquired or improved with Community Development funds that is sold or transferred for a use which does not quali~' under the Community Development regulations: and co Return of program income to the County generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termination of the Cooperation Agreement between the County and the Contractor. 20. Reversion of Assets Any real property under the Contractor's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be either: Used to meet one of the national objectives in 24 CFR Part 570 until five (5) years after expiration of this Agreement or termination of the Cooperation Agreement. or such longer period of time as deteimined appropriate by the County; or Disposed of in a manner which results in the County being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of. or improvement to, the property. 21. Procurement of Equipment, Supplies and Materials The procurement of equipment, services, materials and supplies shall be undertaken in accordance with the requirements of 24 CFR 85, "Administrative Requirements tbr Grants and Cooperative Agreements to Local Governments," as may be amended. The Contractor shall maintain an inventory of non-expendable personal property in accordance with 24 CFR 85 and title to all the materials, appliances, and tools, purchased with funds provided under this Agreement, shall vest in the Contractor and shall be used, managed and disposed of in accordance with 24 CFR Part 85. 22. Use of Federal Funds for Lobbying No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Contract, the Contractor shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 43 of 69 pages The Co~ltractor shall require that the languagc of this certification be included in the axvard for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certi~' and disclose same accordingly. 23. Political Activities The Contractor shall be governed by the provisions of the Hatch Act (5 USC 1501, et. seq.), as may be amended, regarding employees' political participation. 24. Funding Identification The Contractor shall keep the County apprised of any grants or sources of funding received Ibr the Program as and may retain any such funding that results in enhancement of services and does not duplicate funding for the program covered by this Agreement. If the program covered by this is funded in whole or in part by other governmental agencies, it is agreed that the funding by the County under this Agreement shall be reduced or refunded to the County to the extent that such other funding duplicates l'unding for the program covered by this Agreement. 25. Offset of Arrears or Default The Contractor warrants that it is not, and shall not be during the term of this Agreement, in arrears to the County tbr taxes or upon debt or contract and is not, and shall not be during the term of this Agreement, in default as surety, Contractor or otherwise on any obligation to the County, and the Contractor agrees that the County may withhold the amount of any such arrearage or default from amounts payable to the Contractor under this Agreement. 26. Force Majeure Neither party shall be held responsible for any delay or lhilure in performance hereunder to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, civil or military authority, act of God, act or omission of carriers, power failure or similar causes beyond its control ("force majeure conditions"). If any force majeure condition occurs, the party delayed or unable to perform shall give immediate notice to the other party. End of Article VI 44 of 69 pages Article Vll ENVIRONMENTAL REQUIREMENTS CONDITIONAL APPROVALS ON USE OF FUNDS TOWN OF SOUTHOLD 2012 Environmental Review' Process a. Prior to obtaining a release of funds from HUD ("Release of Funds") for the Contractor's CDBG projects as set forth in Paragraph 3, Article 1 of this Agreement, entitled "Project Descriptions," the Department must conduct an environmental review as set-forth in Part 58 of Title 24 of the Code of Federal Regulations, as may be amended, for each of the CDBG projects contemplated by this Agreement. b. in order for the Department to conduct this environmental review, the Contractor must: 1) Provide the Department with all available project and environmental information on each CDBG project contemplated by this Agreement; 2) Assist the Department in preparing an Enviromnental Assessment ("EA") to submit to HUD; 3) Assist the Department in preparing an Environmental Impact Statement ("EIS") to submit to HUD; and 4) Refrain from undertaking any physical activities or choice limiting actions until HUD (or the State. if applicable) has approved the release of funds for the CDBG projects. c. Exempt or Categorically Excluded Projects 1) [he Department may determine that some or all of the activities related to the CDBG projects contemplated by this Agreement are exempt pursuant to 24 CFR 58.34. In such an instance, the County will advise the Contractor, in writing, that it may conunit funds for these activities as soon as programmatic authorization is received. 2) The Department may also determine that that some or all of the activities related to the CDBG projects contemplated by this Agreement are categorically excluded pursuant to 24 CFR 58.35, and therefore no EA or ElS will be required. In such an instance, the Department will advise the Contractor, in writing, of its determination, in order that the Contractor may commit funds for these activities. d. Before any CDBG funds may be obligated or utilized, the Contractor must receive: 1) A written determination of exemption from the Department; or 2) A written determination that the CDBG project is categorically excluded; or 3) A HUD Release of Funds and a certification from the Department. End of Article VII 45 of 69 pages Exhibit 1 Exhibit 2 Exhibit $ Exhibit 4 Exhibit $ Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibits Prc~ject Description(s) Public Disclosure Union Certification Lawful Hiring (Department to Indicate Exempt __ (Department to Indicate Exempt __ __ Certification Regarding Lobbying Comptroller's Rules and Regulations Suffolk County Payment Voucher County of Suffolk Consultant's Expense SummaU, County of Suffolk Consultant's Time Summao' X or Non-Exempt ) or Non-Exempt X ) 46 of 69 pages EXHIBIT 1 Projjed Name: C~N~.~_R,T!,UM HO__ME IMPRO~EMIE~T PROG~M [De~ription: 11 IlDIS Pro;e~ ,:[000X-~aA:~ !uo~c-gde; Im369XO3 SUFFOLK COUNW ~GRANT5 AND DEF~RRE~ LO~NS TO LOW AND MODERATE INOG~E HOMEOWN~R~ FO~ HOME IHPROVENENTS. TOWN OF ~P.~KHAVEN; :$498,95847, TOWN OF SH[T~OWN: $85~683.00, TOWN OF 5OUTHAM~ON: $5i,991.02, TOWN Of SOUTHOLD; $46,~7.35, VtL~GE OF ~KE GROVE: $48¢052.12 ~LMH iCONSORTIUM WIDE Select one: Expeded Completion Date: 3/31/2016 0ble~ve CateD0~ Decent Hous~g 5uitableLi,~a~gEnv r0nment ; Economic Ol~l~:,rt u~ ~y Outcome Categories [] Affo~da~t7 [j~] 5ustama~ Explanation: INUMBER OF UNITS I REHABILITATED Codes Proposed Amt. Actual Amount Actual Amount E .1~ ~ccompL Type': Proposed Units om[ U.i Proposed Units Actual Units Proposed Amt. Actual Amount 5o~ce; Proposed Amt. Actual Amount Type: Proposed Units Actual Units fy~e: ) ~' Proposed Units Actual Units 47 of 69 pages P:-~e~ .amc: iO0!]P-I=CONI¢ L~NE COMMUNITY ~ENTER TOWN OF SOUTHOLD: INTERIOR RENOVATIONS AND IHPROVENENTS TO CONHUNITY CENTER LNIA Location: CT 170D.02 ISG 1~ CT 1702~01 OG 4 Select one: Explanation: Expected Completion Date: 3/31/2016 0 b]ecbve Category Decent H ous~ng 5~itab~e bw'~q ~n v~ron m~t Economic O~u~ Out.me Ceteaones ~stama~ .Underwa Proposed Underwa Complete Proposed .Underway Complete Performance Mea$~e iUnderwa Proposed Underway Complete Y Complete Actual Outcome NUMBER OF PUBLIC FACILITIES IMPROVED ACCESS TO FACILITY ~:~ Codes H~,b i× C~ CDBG Proposed Amt. 10,000,00 Actual Amount Fu~d 5ou~¢~ ~ Proposed Amt.~_____.._~. Actual Amount E ,e Ac¢ompl, Type:~ Proposed Units Actual Units T i ~' Proposed Units ~c~l ~'~~ A~ual Un~s Proposed Amt. mt Type: I ~' Proposed Units Actual Units T~,~e: -- Proposed Units Actual Units 48 of 69 pages PrOject Name: 1037-SENIOR SERVICES - HANDICAP RAMPS TOWN 0F SOUTHOLD; ~RTABLE HANDICAP RANP LO~ P~OG~.AM CO~ S~N[ORS WITH TEM~Y DiSAB[LIT]E5, L~IH Location: TOWNWIDE-SOUTHOLD TOWN Select one: Explanation: Expected Completion Date: 3/31/20t4 ~ Availabilit~cce~b~ Outcome NUMBER OF UNITS ASSISTEO Underwa, Co~ Proposed Complete Proposed Underway Performance Mei~$ure IMPROVED QUALITY OF UNFr:S Corn Proposed Underway Complete Proposed Underway Complete Actual Outcome ~ C~ ~ P~pos~ Amt. %000.00 ~ A~ual Amount ~ ~'P~ A~. ~ A~ual Amount E Un Adual Units Proposed Amt. Actual Amount Amt. --Actual Amount 49 of 69 pages Projed Name: li04g-ROBERT PERRY CHILD DAY CARE CENTER TOWN OF SOUTHOLD; PROVISION O¢ SAFE AND AFFORDABLE CHILD DAY CA~E TO LOW/HODE~TE INCOME FAMILIES IN THE GREENPOP. T AREA, LHC Select one: 612 THIR© STREETi GREENPORTiNY 11944 Explanation: Expected Completion Date: 3/31/2014 {~, ~it able Liwng E~ ~r~m~t 01 Acc0mpl Type: Outcome Acc~, Underwa~ Underwa~ Com Cor~ Proposed Proposed Under"wa, Complete Proposed Underway NUMBER OF PEOPLE ASSISTED Of 3[ I:h~J C~e 5e~¥~c~ 570,20!~e !Complete Complete Proposed Performance Measure NEW/IMPROVED ACCESS TO A SERVICE ,Underway Complete Actual Outcome ~trix Proposed Amt. 5~000,00 Actual Fund Source ~ Proposed Amt, Adual Amount ACC~, Type: Pro~sed Units A~ual Uni~ A~uel Units Fund ~ce: Amt, Actual Amount Proposed -- A~ual Amount Type Proposed Units Actual Units [ ~¥1)e: ~Proposed Units Actual Units 50 of 69 pages PrOject N~me: 1-~-~7-COMMUNITY ACTION SOUTHOLD TOWN De .pt,o.: os- : Cod.: SUF O COUNT TOWN OF SOUTHOLD; PROVISION OF EHERGENCY FOOD, SQHOOL SUPPLIES¢ FURNitURE AND CLOTH]NG FOR LOW ~NCO~4E FAM[LTES. L~C Location: 311 FRONT S~RE~T, GREENPORT, NY 11944 Select one: Explanation: Expec-led Completion Date: 3/31/20t4 ' Objectw~ C~t~c~' ' ' <) D~:ent HouSing <~' ~tab~e Li~gE~vir~m~t (~ Economic Com A¢c~'npl Type Proposed Outcome NUMBER OF PEOPLE ASSISTED 05 ~ Services (Gef~eta~) ¢~:~ rix Code~ ~rrx C~; Complete Proposed A(C~ Type: Underway Corn Performance Measure NEW/IMPROVED ACCESS TO A SERVICE Complete Proposed Underway Corn Actuml Outcome Proposed Amt. S,00O~00 Actual Amount ~ Proposed Amt. Adual Amount Ty~: Pro~s~ Un~ A~ual Un~s Type ~ P~P~ u.~ Adual Units Proposed Amt. Actual Amount -- I ~] Proposed Amt. Actual Amount Pro~ Un~s A~ual Uni~ m Adual Un~s 51 of 69 pages Pro'jeer Na'me: 1058-MAUREEN'$ HAVEN TOWN OF ~;OUTMOLD; PP, OGPJ~N WORKS WiTH LOCAL CHU~CH~ TO P~.OV[~)~ EI,~ERGEN~Y HOHELESS; SHELTE~ AND FOOD TO A~EA RES]DENTS EXPERTEN~E[NG HOMELESSNESS. LH~ Location: 55.4 EAST HAIN STP, EET, R[VERHEAD~ NY 11901 Select one: Explanation: ] Expected Completion Date: ~]33./2014 ~ ~tabie L~gE~vJr~m~ ~ AYailabil~/Access b~ ~ OI P~oDIe :Com ~ Proposed .Underway Complete proposed Underway Complete Performance Measure NUMBER OF PEOPLE ASSISTED NEW/IMPROVED ACCESS TO A SERVICE Underway Complete ~Underwa¥ Complete Actual Outcome Proposed Amt. Actual Amount -- A~ual Amount P~posed UnRs :Adual Units ~nx Cc~e~ Fu~d Proposed Amt. Actual Amount Yropo~ed Amt.__._~. ~ Adual Amount Proposed Units Units ~sed Unrts A~ual ~ 52 of 69 pages Project N~me: ~-~:_Ap[4~_N]_S_TRATiON TOWN OF ~OUTHOLD; AD;PIINISTP. AT['v'E COSTS ASSOC~ATEO W~TH CDBG ACTIVITIES. Location: 53095 MAIN ~ CompleUon Date: [3/31/2014 (~ Decent Hou~g (~) 9J~t~ble Li'~Env~t~m~t (D Economic O~un Outcome C~tegone5 ~ Affo~d~ ~ Sustama~ Select one: Explanation: Amt. 9,472~00 Actual Amount Amt, Actual Amount Proposed Units Actual Units Proposed Actual Units F~r~ 3~a~ce: Proposed Amt. Actual Amount Proposed Amt. Actual Amount Proposed Units Actual Units Proposed Units Actual Units 53 of 69 pages EXHIBIT 3 54 of 69 pages $$ of 69 pages EXHIBIT 4 ~ .UFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF NON-APPLICABILITY FOR COMPLIANCE W]ITH FEDERAL LAW f8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Cha[~ter 353 12006), To Be Completed By Awarding Agency The Lawful Hiring of Employees Law does not apply to the covered employer, contractor or snb- contractor, listed below. Please check the appropriate box to indicate the basis for non-applicability. ContraclOr Name: Town of Southold Federal Employer ID//1145001939 I Contractor Address: Town Hall, PO Box 1179 53095 Main Rd., Southold, NY 11971 Contractor Phone #: 631-765-1283 Description &project or service: Community Development Block Grant 1) [~ Recipients of compensation from the County, through any grant, loan, subsidy, agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is NOT one hundred percent (100%) funded by the County. 2) I I This law shall not apply to the subcontractors of not-for-profit corporations. Jill Rt°~n-dNikoloff, ~irector of Real Estate Print Name and Title of Authorized County Representative Date LHE4 (08/i2) 56 of 69 pages SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF APPLICATION To CSRTIFY COMPLIANCE WITH FEDERAL l~W (8 U.S.C. SF~2TION 1324A) ~TH RESPECT TO LAWFU£ HIRING OF EMPLOYEES VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 234 (2006) To Be Completed By the Local Law Compliance Unit DATE: August 27~ 2012 T~): Jill Rosen - Nlkoloff, Suffolk County Community Deveopment FROM: Brenda Rose~r~, Director~ Local Law Compliance Unit TELEPHONE #: 631 ~53 - 3808 EMPLOYER: Town of Southold VENDOR: 114001939 CONTRACT$: CDBG You are hereby notified that the submission fi.om Town of Southold has been received by the Lawful Hiring of Employees Unit of the Suffolk County Department of Labor. We find that this submission is complete and is in compliance with the requirements set forth by the Suffolk County Lawful Hiring of Employees Law (Local Law #52-2006). LHE-3 (01/0?) 57 of 69 pages EXHIBIT 5 Certification Regarding Lobbying for Contract, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her know~edge and belief that: No State or FederaI appropriated funds have been paid or wil be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence legislation or appropriation actions pendfng before local, State and Federal executive and/or legislative bodies ~n connection with the awarding of any contract, the making of any grant, the making of any Ioan the entedng 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 Fedora! appropriated funds have been paid or wit. be paid to any person for influencing or ~ttempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with this contract, grant, loan or cooperative agreement the undersigned shall complete and submit Standard Form LLL 'Disclosure Form to Repod Lobbying', in accordance with Ors instructions The undersigned shatt require that the language of this certification be included in the award documents for all subawafds at alt tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subredpients shall cart~fy and disclose accordingly This certification is a material representation of fact upon which re!iance was placed when this transa¢on was made or entered into Submission of this codification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S Code. Failure to file the required certifl, caticn shall ~e subject to civil penalty by the Federal government of not less than $10 000 and not more than $100.008 for each such failure _~ Provider: Agreement Number; Sign: Name: Title: Date: 58 of 69 pages EXHIBIT 6 COUNTY OF SUFFOLK OFFICE OF THE COUNTY COMPTROLLER JOSEPH fiAWICKI, JR. Comptr~ler DEPARTMENT OF AUDIT A.ND CONFROL Comptroller's Rules and Regulations for ConsultanCs A~'cements Revl~d 12~2009 59 of 69 pages TABLE OF CONTENTS EXHIBIT 7 EXHIBIT 9 EXHIBIT 8 Purpose .................................................................................... Scope ....................................................................................... Definitions ............................................................................... Allowable Claims ..................................................................... Claim Submission ........................................................................... Out of Pocket Expenses ................................................................. Sub-Contmclor Claims ............................................................. Certified Statements ...................................................................... EXHIBITS County of Suffolk, Standard Payment Voucher FORM PV Consultant's Time Summary FORM A & C 108 Consultant's Expense Summa~' FORM A & C 109 60 of 69 pages 1 1. PurpOse ~- Th~s manual establishes pro'ced~ ures ~or the reimbursement of' expenditures for consultants under ~ntract with the County. 2. So, pt; -~ These instructions apply to all County departments and agencies utilizing consultant services. 3. Dcfmit ions a~ Con.~att~i~t ~ An individual or firm engaged to provide outside professional services to SufIblk County departments and agencies. b. ~O~_~_e.n~ - A written comract describing the specific sc?vices to be rendenxl by the consultant and the amount and terms of payment for the servic~ to be made by thc County. The eonsullan!'s agreement shall constitute the sole authorization for payment ofclairm. The consultant's agreement shall be prepared in accordance with the County Executive's Operatiag Pn~eedures, SOP # 1-05. Non-specific general purpose or lump sum payn~nt agreements are nut recorvanended 4. A[~Jg~Lai~ -- Only claims which are submitted ~r expenditures specifically identified in the agreement will be approved tbr payment, Generally, the agreemen~ will stipulate a maximum fee for services rendered which is based upon a rate pet day o~' per hour. Accordingly, u rate schedule is an integral purl of each eotmultm~l's agreen~ent. Increases will be allowed only by amendment to lhe agreemenL Out-of-pocket expenditures ate reimbursable if i~ is so slipulale, d in the consultant's agreement. 61 of 69 pages 2 C_lain/.$~!bwjss~ Consultants should submii their claims for reimbursement through the County department or ageacy responsible tbr the consultant's assignment, using appropriate fomas, as indicated below: a. ~)ai~rL.V~pggl_~!7 A Cmmty ¢~ Suffofk Standard Payment Voucher Form (Exhibit A) must accompany each consultant claim. The claim voucher should refer to the consultant's agreement under which payment is requested and indicate the category o f expenses or contract covenant applicable to the claim voucher. It should be initialed by the departmental unit representative under who~ supervision or jurisdietion the work was per,brined, signifying that the conmhant has complied with all the terms and conditions of the agreement under which the payment is requested. The voucher must lhen be signed by the department head or his duly authorized representative and thm, ardcd to the Department of Audit and Control for paymcmt. b, Consultant'LTime Summary, FORM A&C !08 (~xhj~ ~ -Thc Consultant's Time Summary should bc used to record daily bouts worked by each staffmember of the consultant working on the project. Space is provkted to record and extend the hours and wages of each statYm~bcr assigned to thc pmjeut on one form. The completed FORM A&C 108 must be signed by and authorized individual t~fthe consultant s firm. It should then be attached to the County of Suflblk Standard Pa>merit 62 of 69 pages 3 voucher tbrm_ A copy of the consultant's payroll register with a cover letter indicaling the individuals charged to the project for the claim period will he accepted as a substitute for the Consultant's Time Summary. Consultant's Expense Surra'narv. FORM A&C 109 fExhibit C~ - The Consultant's Expense Summary should be used to detail expenses for travel, meaJs, lodging or other necessary and reasonable out-of-pocket expenditures incurred on the project. Each expense item should be documented by a receipted hill, sales slip or invoice which totals the daily expenditures shown on the form. The com4oleted 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 Suflblk Standard Payment Voucher Form. 6. Out-0frl~9~g~ [X.t~ns~ lfthese expenses are reimbursable under the cxmsultant's agreement, the following rules and guidelines should be considered before incurring such expenses and submitting claims: a. Meals Meals are reimbursable under a cm~sultant's contract only if the purpose of the meal is valid, that is, authorized under the contract as sustenance while traveling. Effc~ive October 1, 2009, the per diem meal allowance shall be in accordance with the current maxinmm reimbursement rate for ti)od 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 63 of 69 pages 4 $71.00 per diem including tax. Audit and Control should be contacted tbr allowable rates for future fiscal periods. (Gratuities, at a reasonable and customary rate, shall be reimbur.,mrl 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 firm who are not travelh~g out of town (overnight) in performance of the contract, Where a consultant meets the necessary criteria m be reimbursed for meals, no receipts wilt be necessary but a certified statement will be required. b. _Lodging - Effective October 1,2009, claims for lodging will be reimbursed at a rate not to exceed the current maximum reimbursement rate for lodging as established by the U.S, General Services Administration for the New York region as published in the iRS Publication 1542 (rev. October, 2009). The 2009 per diem rate for lodging is $130.00 including taxt~. CIamxs for lodghn, g must be accompanied by paid receipts. Audit and Contmt should be contacted for the allowable rate for future fiscal pcriods. c. Airfare - Airfare will only be reimbumcd at the economy coach rate and a receipt will be necessary. Individuals choosing to fly t'mst class will not be reimbursed for the premium expens~.~s incurred. d. ~_A'I~ - Thc County will reimburse mileage claims in accordance with the applicable current rate allowed bytbe U.S. Internal Revenue Sep,'iee. As of January I, 2009 the rate is $.55 per mile and Jtmuary 1,2010 the 64 of 69 pages 5 rate is $.50 per mile. Tl~e 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_~9~ - A certified statement will be adequate documentation for these expenses, g. Tolls - Receipts or cortifiedstatemem willbe adequatedocumentation/bt these expenses. tz Teleohone Expenses -~ Yelcpbone expenses up to $25.00 per month will be rcimbursed based on a receipt or ce~lified statement, Telephone expenses totalh~g over $25,00 will require copies of the telephone company bills with the approPriate calls circled~ i. Photocopies - In lieu ora specific contract for photocopies, the County will reimburse at a vast not to excced $.15 per copy, including labor. A certified statement will be adequate documc'ntation for reimbursement. 7. Sub-Contractor Chirps -- When the consuitant 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 agrecment. Claims will m~t be pro~ if they are 65 of 69 pages 6 not in compliance with the contrac! between the Consultant and the County. The reporting requirement of the sub-contractor will be the same as that of thc Consultant. Details of all expenditures claimed must be documented in the same manner. If thc sub-contractor's agreement with the Consultant is a lump-sum payment agreement, detailed documentation reporting roqukements am waived. _(~l'~,ifi~ St~nnem~ - When the cor~sultant incurs minor travel or other out-of- pocket expense~ for which receipts arc aot available, he shall prepare an itemi?.ed statement detailing the type and amount of expense, including the time, date, and place incurred. After summarizing expenses claimed, the consultant musl add and sign thc lbllowmg certification terminology: "The above expense~ are true and just and are a result of busings conducted In accordance with the terms of the contract with Suffolk County, and have not be been previously paid?' . Signature of Authoriz. ed 66 of 69 pages EXHIBIT 7 67 of 69 pages E~ C AL'Tt~O~I'~ SiGnATURE tS TOWN OF SOUTHOLD STATEMENT OF CONTRACTS WITH THE COUNTY OF SUFFOLK COUNTY DEPT. Dept. of Environment & Energy Dept. of Fire, Rescue & Emer- gency Services AMOUNT $35,O00 Dept. of Pro- $57,000 bation DPW $85,666 IMA w/DPW $6,800/weekly Office for the $5,402 Aging Office for the $19,380 Aging Office for the $249,353 Aging Office for the 0 Aging Real Property Tax Service Agency Real Property Tax Service Agency Real Property Tax Service Agency TITLE Bay to Sound Integrated Trails Generator for Town of Southold residents STOP-DWI Program Improvements to Goldsmith Inlet Payment for costs associated with overtime to complete dredging operations AAA Transportation Program Elderly Residential Repair Program IIIC Nutrition Program for the Elderly Lease Agreement for 2012 Ford Passenger Bus AREIS License Agreement & Tax Map Program Sub-License Agreement wNalerie Scopaz/AREIS & Tax Map Program Sub-License Agreement w/The Nature Conservancy/AREIS & Tax Map Program -1- COUNTY DEPT. RealPrope~y Tax Service Agency RealPrope~y Tax Service Agency Sheriff's Office Youth Bureau AMOUNT 0 0 $7,238 $9.527 TITLE Sub-License Agreement w/The Island Community Board/AREIS & Tax Map Program Sub-License Agreement w/Cornell Cooperative Extension/AREIS & Tax Map Program Operation Shield 2012 Town Youth Services -2-