HomeMy WebLinkAboutYouth Services RESOLUTION 2013-245
ADOPTED DOC ID: 8660
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2013-245 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 26, 2013:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the 2013 Southold Town Youth Services Agreement with
the County of Suffolk and the Family Service League, in the amount of $9,527.00, for the term
January 1, 2013 through December 31, 2013, subject to the approval of the Town Attorney.
e,Q
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 0]
MOVER: Jill Doherty, Councilwoman
SECONDER: William Ruland, Councilman
AYES: Dinizio Jr, Doherty, Talbot, Evans, Russell
ABSTAIN: William Ruland
~ LsW No. 13-Y0. IFMS SCSEXE 13000002839
Y(Q2 Youth Bureau Implemeodog Agency Pseudo Code ARHl
" CONTRACT
This Contract ("the Contract") is between the Couuty of Suffolk ("the County°), a municipal corporation of the State
of New York, acting through its duly constituted Youth Bureau ("the Department"), located at the H. Lee Dennison
Building - 3rd Floor, 100 veterans Memorial Highway, Hauppauge, New York (Mailing Address: Box 6100, Hauppauge,
New York 11788-0099); and
Town of Southold ("the Contractor"), a New York municipal corporation, having its principal place of business at 53095
Maiu Rosd, P.O. Box 1179, Southold, New York 11971 and Family Service League (Implementing Agency), a New
York not-for-profit corporation, having its principal place of business at 790 Perk Avenue, Huntington, New York
1I743.
The Contractor has been designated to receive funds from the County for various delinquency prevention programs ("the
Services°) through the Contractor and its Implementing Agency as set forth in Article I, entitled "Description of Services
and Budget'
Term of the Contract: January 1, 2013 through December 31, 2013.
Total Coat of the Contract: Shall not exceed $9,527.00, to be paid as set forth in Articles I and V, attached.
Terms and Conditions: Shall be as set forth in Articles I through V, attached hereto and made a part hereof.
Percentage of Advance: 0%
In Witness Whereof, the parties hereto have executed the Contract as of the latest date written below.
Town of Sout Coun Suffolk
By: ~ By:
Name Dennis M. Cohen
Title-5 v3"~-'~S~ °r
Fed. Tax ID ~ (1- !0 ~ ~ l g
~ 9 Chief Deputy Co ty xecutive
Date [1{+/f'~~/3 te: /
_ SC'./~'~~- S.S~/~ hereby certifies under
penal[ies of pery'ury thaz t em an office{r of Fa ~ ~Ce League
rJc,y.'t ~ ~C [l {"n.e~ (N, that 1 have read and [ am
z
familiar with IAS-7 of Article V of the Suffolk Cou_n/ty Code, ~ ~ ~ ~ r S ~
and that ~il r7 S~rv ~ o~aneets all Title Q/.PiJ i Q~~ ~ ~ ~~L G
Federal Tax IDN /(/0a3/6
requirements ify fore ption the der. Date ~L~
~srne ~~/g71_,~,5 ~Ded X11 YtY ti-- hereby
ate '~,,~~s fies and penalties of p jury that I am an officer of
~Gf/-fat I have read and
etn iliac with AS-7 of Ie V of th Suffolk County
C ,and that - s eats all
ants to qualify fo exemption thereunder.,,
ADDITONAL SIGNATURES ON Date_tl~/ v/
FOLLOWING PAGE
Page 1 of28 IIIIIIII~~IV~IIIVIII
0020147 A8i1
Lsav No. 13-YO- C7 ~ ~ IFMS SCSEXE 13000002839
Y02 Youth Buresu Implemeutiug Agency Pseudo Code ARHI
Approved:
Department
By: _
Roderick Pearson
Executive Director
Date 7.~2~( 3
Approved as to Legality:
Denuis M. Brown,
g4eiieg~Coynly-Attprney
L
~S
/ ^ ' -yam
$y: <
Patricia M. Jord
Assistant County ttamey
Date ~/Y/3
Page 2 of 28
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List of Articles
Page #
Article I .............................................................................................................................................................................6
Description of Services and Badget .....................................................................................................................................6
Article IA .............................................................................................................................................................................7
Department Specific Provisioas ...........................................................................................................................................7
1. Certificate of Incorporation; Board Meetings ......................:.................................................................7
2. Contractor's Staff
...................................................................................................................................7
a. Prior Approval .................................................................................................................................7
b. Current Procedures ..........................................................................................................................7
3. Human Services Division Technical Assistance and Training ..............................................................8
Defiaitious .............................................................................................................................................................................9
1. Meanings of Terms ................................................................................................................................9
2. Elements of Interpretation ....................................................................................................................10
Article III ...........................................................................................................................................................................11
General Terms eod Coaditious ..........................................................................................................................................11
1. Contractor Responsibilities ..................................................................................................................1 l
a. Duties and Obligations ...................................................................................................................1 l
b. Qualifications, Licenses, and Professional Standazds ....................................................................1 l
c. Notifications ..................................................................................................................................I 1
d. Documentation of Professional Standards .....................................................................................1 l
e. Credentialing ..................................................................................................................................11
f. Engineering Certificate ..................................................................................................................12
2. Termination ..........................................................................................................................................12
a. Thirty Days Termination ................................................................................................................12
b. Event of Default; Termination on Notice ......................................................................................12
c. Termination Notice ........................................................................................................................12
d. Duties upon Temunation ...............................................................................................................12
3. Indemnification and Defense ...............................................................................................................12
4. Insurance ..............................................................................................................................................12
5. Independent Contractor ........................................................................................................................13
6. Severability ..........................................................................................................................................13
7. Merger; No Oral Changes ....................................................................................................................14
8. Set-Off Rights ......................................................................................................................................14
9. Non-Discrimination in Services ...........................................................................................................14
10. Nonsectarian Declaration .....................................................................................................................14
11. Governing Law ....................................................................................................................................14
12. No Waiver ............................................................................................................................................14
13. Conflicts of Interest .............................................................................................................................14
14. Cooperation on Claims ........................................................................................................................14
15. Confidentiality .....................................................................................................................................15
16. Assignment and Subcontracting ..........................................................................................................15
17. Changes to Contractor .........................................................................................................................15
18. No Intended Third Party Beneficiaries ................................................................................................16
19. Certification as to Relationships ..........................................................................................................16
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20. Publications ..........................................................................................................................................16
21. Copyrights and Patents ........................................................................................................................16
a. Copyrights ......................................................................................................................................16
b. Patents ............................................................................................................................................16
22. Arrears to County .................................................................................................................................16
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction .........................................................................................................................................16
24. Record Retention .................................................................................................................................16
25. Notice ...................................................................................................................................................17
Article IV ...........................................................................................................................................................................18
Suffolk County Legislative Requirements .........................................................................................................................18
1. Contractor's/Vendor's Public Disclosure Statement ...........................................................................18
2. Living Wage Law .................................................................................................................................18
3. Use of County Resources to Interfere with Collective Bargaining Activities .....................................18
4. Lawful Hiring of Employees Law ........................................................................................................18
5. Gratuities ..............................................................................................................................................19
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas ..............................19
7. Child Sexual Abuse Reporting Policy .................................................................................................19
8. Non Responsible Bidder ......................................................................................................................19
9. Use of Funds in Prosecution of Civil Actions Prohibited ....................................................................20
10. Youth Sports ........................................................................................................................................20
11. Work Experience Participation ............................................................................................................20
12. Suffolk County Local Laws Website Address .....................................................................................20
Article V ...........................................................................................................................................................................21
General Fiscal Terms and Conditions ...............................................................................................................................21
1. General Payment Terms .......................................................................................................................21
a. Presentation of Suffolk County Payment Voucher ........................................................................21
b. Voucher Documentation ................................................................................................................21
c. Payment by County ........................................................................................................................21
d. Budget Modification ......................................................................................................................21
e. Budget and/or Services Revisions .................................................................................................21
£ Taxes ..............................................................................................................................................22
g. Final Voucher ................................................................................................................................22
2. Subject to Appropriation of Funds .......................................................................................................22
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures ..............................22
4. Accounting Procedures ........................................................................................................................22
5. Audit of Financial Statements ..............................................................................................................23
6. Financial Statements and Audit Requirements ....................................................................................23
7. Furniture, Fixtures, Equipment, Materials, Supplies ...........................................................................24
a. Purchases, Rentals or Leases Requiring Prior Approval ...............................................................24
b. Purchase Practices/Proprietary Interest of County .........................................................................24
c. County's Right to Take Title and Possession ................................................................................24
d. Inventory Records, Controls and Reports ......................................................................................24
e. Protection of Property in Contractor's Custody .............................................................................25
f. Disposition of Property in Contractor's Custody ...........................................................................25
8. Lease or Rental Agreements ................................................................................................................25
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9. Statement of Other Contracts ...............................................................................................................25
10. Miscellaneous Fiscal Terms and Conditions .......................................................................................25
a. Limit of County's Obligations .......................................................................................................25
b. Duplicate Payment from Other Sources ........................................................................................25
c. Funding Identification ....................................................................................................................25
d. Outside Funding for Non-County Funded Activities .....................................................................25
e. Potential Revenue ..........................................................................................................................26
f. Payments Contingent upon State/Federal Funding ........................................................................26
g. Denial of Aid .................................................................................................................................26
h. Budget ............................................................................................................................................26
i. Payment of Claims .........................................................................................................................26
j. Payments Limited to Actual Net Expenditures ..............................................................................26
k. Travel Costs ...................................................................................................................................26
1. Attendance at Conferences ............................................................................................................26
m. Salaries ...........................................................................................................................................26
n. Salary Increases ..............................................................................................................................27
o. Contractor Vacancies .....................................................................................................................27
p. No Limitation On Rights ...............................................................................................................27
q. Comptroller's Rules and Regulations ............................................................................................27
Ezhibits ...........................................................................................................................................................................28
Exhibit 1 Public Diaclosure ..................................................................................................Error! Bookmark not defined.
Exhibit 2 Living Wage ..........................................................................................................Error! Bookmark not defined.
Exhibit 3 Union Certification ...............................................................................................Error! Bookmark not defined.
Exhibit 4 Lawful Hiring .......................................................................................................Error! Bookmark not defined.
Exhibit 5 Certification Regarding Lobbying ......................................................................Error! Bookmark not defined.
Exhibit 6 Budget Modification Request ..............................................................................Error! Bookmark not defined.
Exhibit 7 BudgeUServices Revisions Approval ...................................................................Error! Bookmark not defined.
Exhibit 8 Standard Operating Procedure A-07 Amendment 1 .........................................Error! Bookmark not defined.
and Executive Order 142007 or any successor order
...........................................................Error! Bookmark not defined.
Exhibit 9 Statement of Other Contracts .............................................................................Error! Bookmark not defined.
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Article I
Description of Services and Budget
Whereas, the Contractor has been identified in the 2013 Suffolk County Adopted Budget under the pseudo code
as listed on page one of the Contract to perform the Services for the Department; and
Whereas, the Department desires to have the Contractor provide a Juvenile Delinquency Prevention Program;
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto
agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Contractor References
All references in this Contract to "Contractor" shall be deemed to refer to the Contractor and to the
Implementing Agency, except as otherwise indicated; provided that all provisions relating to
Contractor's staff shall be deemed to apply only to, the Implementing Agency.
3. Legislative Designated Fundieg Application; Description of Services; Budget
(See 3-4 Pages Attached, As Applicable)
Remainder of Page Intentionally Left Blank
6 of 28 pages
ARTICLE I
ocFS-aotN IR.v. iormofn
NEW YORK STATE FBI
OFFICE OF CHILDREN AND fMIgLY SERYICE3 I 1
INDIVIDUAL PROGRAM APPLICATION
Agency Summary
Sp°^e°rk'g Su ffol k
Munietpeyy: County of Suffolk Counly:
~p~ngng~y; Town of Southold e~ i q S Z~ 1Tt1o%I
PropmlTilb: Southold Youth Services t)CFSFUnds
Ra41wabd i 1 % M Taw)
~~q
Strest PO Box 1179AN
w
d~u i
53095 Main Road waRheurauony
cdy: Southold gyw NY apCada; 11971
FeWnl ILTM: 11-6001939 Perbd of At:tuN Propratrrl Opsradon
CharaW tiep.il: NA FPM 01101713 TO 12/31 /13
Youth and Family counseling for Hours ofOpsrudon
youth at risk. FRDM 8:00 a.m. Tp 4:00 p. m.
~Dalry ? Wetlkly ? Monthly
? ExeCUWe DlreLxor ? Bosrd Chairperson ( ) _ ( 631) 765-1823
~ Oar Supervisor rELEPNON MBEIt FAxNUMeER
Scott A. Russell r
PRa1T NAME til01NTi1RE
Scott. Russelttatownaouthold. ny. us www.southoldtownny.gov
EMAa AooREas trlaestrE is APPUCAxa? '
Youth Bureau Director (631 ~ 765-5806
CONT PER80N TRLE TELEPHONE NUI~ER
Phillip.Beltz@town.southold.ny.us ( )
EMAI ALXIRESa FAX NIRdaER
Scott A. Russell Supervisor (631) 765-1889
FRICAL OFFICER Tm,E TELEPHONE NWBER
( )
ErrAL ADOREtia - FAX NUTAER
The Apenry b: ? PrNats, Na for Profll ubNc ? Rsl Corporetlon
Most SiOnMeant (7 Maxlmtan) AtawnWy NYS seneb Leal Cigr CounaN
Type Addna (sa..e, Cib. stab, z1p) Dbt. No. Dbt No. Plan'p rid owrkt
Office Town Hall, 53095 Main Road
Southold, NY 11971 1 1
MUNICIPAL AGENCIES ONLY
Check if: ? Joint Program ? Purchase of Service
1. Specify Program Code and Name of Other Participating Municipalities:
~ 2. Ia the attached Program Total Budget (Form OCFS-3107) a combined budget for all participating municipalities? ? Yes ? No
AR~1 ~
PROGRAM DESCRIPTION
The Southold Youth Services Program provides individual, group, family and
crisis intervention counseling plus alcohol and substance abuse
prevention/education services for the Town of Southold. The Southold
Youth Services Program is open to all Suffolk County youth and their
families.
The Youth Service counselor also administers the Southold Town
Community Service Sentencing Program for youth sentenced in the
Southold Town Justice Court. The recidivism rate for those youth involved
in the CSSP is less than 2%.
The Youth Service counselor maintains a referral network with other youth
service agencies, schools, the Southold Juvenile Aid Bureau, Suffolk
County Probation Department and the Suffolk County Family Court, in the
solution of youth related matters.
,
OCFS-3707(Rev. 032W~ FRONT
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
PROGRAM BUDGET
ARH1
AGENCY/MUN[CIPALTTY: Town of Southold FUND TYPE
PROGRAM TITLE: Southold Youth Services YDDP
PERSONAL SERVICES:
POSCiION 771LE RATE OF BA56 AL OCFS PROGRAM AMOUNT (1 TOTAL OCFS FUNDS REQUhSTED
PAY (H,W,BW,SM) FOR TFSS PROGRAM
TOTAL SALARIES AND WA
TOTAL FRINGE B
TOTALPHRSONALSERVICES
CONTRACTED SERVICES AND STIPENDS
OF SERVICE OR CWSULTANT RATE OF BASLE AL OCFS PROGRAM AMOUNT (1
PAY (H,W,BW,SM)
Fa rvice Lea a .91 9527.00
TOTAL CONTRACTED SERVICES ,52 .00
TOTAL MAINTENANCE do OPERATION .00
FACILITY REPAIRS
PROGRAM SITS ADDRESS
TOTAL FA EPAIRS (4)
TOTAL OCFS PROGRAM AMOUNT 527.00
TOTAL FS FUNDS REQUESTED
LIST OF OTHER FUNDING SOURCES REIMBURSABLE TOTAL
MUNICIPAL FUNDING
OTHER SOURCES
' T,aw No.13-YO- IFMS SCSEXE
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ArticlelA (2) ContraetorLettera
Department Specific Provisions
The Contractor agrees to furnish to the
1. Certificate of Incorporation; Board Meetings County letter(s) regarding all personne]
to be hired for the Services. The
s. The Contractor shall famish the De artment with letter(s) shall include, but not be
P limited to:
certified copies of its Certificate of Incorporation
and by-laws, including any amendments thereto, i,) The specific tasks to be
at the time it signs this Contract, to the extent not performed by the individual
already on file with the Department, and any employees during the course
amendments thereto during the term of this of the Services.
Contract promptly upon their adoption, and a list
of the board members governing the Contractor ii.) Salaries and hours to be
from time to time. The contractor shall not worked by the individual
dissolve any existing corporation or establish any employees during the course
new corporation with the responsibility for the of the Services.
operation of the program without the prior
written approval of the Department. (3) County Approval
b. Minutes of the Connector's annual board The County reserves the right to
meeting and one other board meeting, no longer approve principal services personnel
than six (6) months thereafter, should be proposed by the Contractor at the time
forwarded [o the Department within two (2) of entering into this Contract. Reasons
weeks after the wnclusion of the meetings. for the County not approving said
personnel shall be for lack of
2. Contractor's Statf qualification or lack of demonstration
by the Contractor that said proposed
a. Prior Approval personnel will not have a deleterious
effect on the proper and efficient
The Deparbment shall have the right to prior operation of the Services.
approval of the filling of any position now vacant
or hereafter becoming vacant and may, in the (4) Job Dacripfiona, Qualifieationa
exercise of that right, promulgate reasonable
regulations involving position convol which The Contractor will nominate to the
shall, when promulgated, be deemed to be Department a Service director chosen
incorporated by reference in and be made part of on the basis of the job description
this Contract. below. The Department shall review
such nominations and may wnfirm
b. Current Procedures them. Other staff positions provided
for in this Contract will be filled in
(1) Reaumea accordance with written job
descriptions as provided below.
The Contractor, at its own expense, Employment of any staff member under
agrees to famish to the Department the temts of this
resumes of all personnel to be hired for Contract shall be subject [o ongoing
the Services referred to in this Contract, review for competency end aptitude of
prior to their being hired. Resumes the staff member by the Department or
shall include, but not limited to: its designees. 7'he Department may
recommend dismissal or suspension of
i.) Previous job title(s) of the any staff member under this Contract.
individual employee and the
length of employment under (5) Service Director
each title; and/or
i.) Qudifiationa: Graduation
ii.) Previous experience and from an accredited college
length of previous experience and/or university with a
with a task or tasks similar or Master's Degree in Social
equal to the Services. Work; or a Bachelor's
Degree (4-year college
degree) plus 2 years
experience in Human
7 of 28 pages
ARTICLE IA
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Services. ability to relate successfully
to clients and community,
ii.) Duties: Responsible for and capacity for development
overall Service; hires and in professional use of self in
fires staff; chairs youth relationships.
advisory committee;
administers and directs all
Contractor Services; is 3. Human Services Divbion Technical Assistance and
responsible to Board of Training
Directors of the Contractor
and has immediate charge of a. The Contractor agrees to participate in the
and responsibiliTy for the Human Services Division Technical Assistance
Services; renders direct and Training Program. Such agreed participation
services to clients as will include stefftraining on [he topic of
required; selects, trains and HIV/AIDS and not more then three (3) days-per-
supervises program aides, year attendance at training on topics that may
nonprofessional staff and include, but not be limited to, contract financial
volunteers; has charge of reporting, the setting of service goals end
petty rash account; make objectives, and service development
purchases and expends funds
under the direction of the b. The Contractor may participate, at its election, in
treasurer of the corporation any additional training made available by the
or such other officers as the Human Services Division.
Board of the corporation may
direct- Eud of Tezt for Article IA
(6) YoeM Worker
i.) Qualifications: Bachelor's
Degree (4-year college
degree from an accredited
college).
ii.) Duties: Provides counseling,
group work services, and
professional supervision in
lounge activities, is
responsible to the Service
director. Also shall keep
written records and reports of
work accomplished; shall
demonstrate ability to teem,
ability to relrue successfully
to clients and the cemmuniTy,
and capacity for developmrnt
in professional
use of self in relationships.
Service Aides
i.) Qualifications: High School
Diploma and preferably some
paid experience in youth
work.
ii) Duties: Report to Service
director, shall carry out
assignments as
pareprofessionals; shall keep
written records and reports of
work accomplished; shall
demonstrate ability to learn,
8 of 28 pages
ARTICLE IA
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Article II d. the Contmsor's failure to comply with any
Definitions Federal, State or local law, rule, or regulation,
and County policies or directives; or
1. Meanings of Terms
e. the Contractor's bankruptcy or insolvency; or
As used herein:
f. the Contractor's failure to cooperate in an Audit
"Audit of Financial Statements" means the examination by the of Financial Statements; or
Comptroller and any Federal or State auditing authority of the
financial statements of the Contractor resulting in the publication of g• the Contractor's falsification of records or
an independent opinion on whether or not those financial statements reports, misuse of funds, or malfeasance or
are relevant, accurate, cemplcte, and fairly presented. nonfeasance in financial record keeping arising
out of, or in connection with, any contract with
"Budget" means the Contractor's summary or plan of all intended the County; or
revenue, whether received in the form of fees, grants, County
funding, or any other source, and expenditures necessary to render h. the Contractor's failure to submit, or failure to
the Services. timely submit, documentation [o obtain Federal
or State funds; or
"Budget Defieiency Plan" means an analysis of the cost of the
Services, changes in fiscal conditions, and required modifications to i. [he inability of the County or the Contractor to
the Contract to continue to render the Services. obtain Federal or State funds due to any act or
omission of the Contractor; or
"Comptroller" means the Comptroller of the County of Suffolk.
j. any condition that the County determines, in its
"Contact" means all terms and conditions of this Contract forming sole discretion, is dangerous.
all rights and obligations of the Contractor and the County.
"Federal" means the United States government, its departments, and
"Contractor" means the signatory corporation, its officers, officials, agencies.
employees, agents, servants, sub-contractors, and any successor or
assign of any one or more of the foregoing performing the Services. "Fringe Benefib" means non-wage benefits which accompany, or
are in addition to, a person's salary, such as paid insurance, sick
"County" means the County of Suffolk, its departments, end leave, profit-sharing plans, paid holidays, and vacaflons.
agencies.
"Fund Sours" means any direct or indirect sum payable to the
"County Attorney" means the County Attorney of the County of Conuactor by the County pursuant to any lawful obligation.
Suffolk.
"Legislature" means the Legislature of the County of Suffolk.
"Department" means cite signatory departrnent approving the
Contract. "Management Letter" means a letter certified as true by the
Contractor's certified public accountant or chief financial officer of
"Engineering Services" means the definition of the practice of findings and recommendations fot improvements in internal fiscal
engineering and the definition of practice of land surveying, as the control that were identified during an Audit of Financial Statements;
case maybe, under Section 7201 and Section 7203 of the State but which were not required to be included in an audit report.
Education Law, respectively.
"Municipal Corporation" means a town, village, or school district.
"Event of Default" means
"Services" means ell that which the Contactor must do, and any part
a. the Contractor's failure to perform any duty thereof arising out of, or in connection with, the Contract as
required of it under paregaphs 1(b}(e) of described in Article I "Description of Services."
Article III of the Contras; or
"Sbte" means the Slate of New York.
b. the Contractor's failure to maintain the amount
and types of insurance with an authorized insurer "Sbtement of Other Contracts" means a complete list of all other
as required by the Contras; or contracts under which money has been or will be paid to the
Contractor from the County, Federal, or State governments, or a
c. the Contracror's failure to maintain insurance Municipal Corpoation, and (i) which arc currently in effector (ii)
required by the Contract with an insurer that has which have expired within the past twelve (12) months mtd havens
designated the New York Superintendent of been renewed.
Insurance as its lawful agent for service of
process; or "Suffolk County Payment Voucher" means the document
authorized and required by the Comptroller for release of payment.
9 of 28 pages
ARTICLE II
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"Term" means the time period set forth on page one of the Contract
and, if exercised by the County, the option period.
2. Elements oflnterpretation
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 [he plural number and vice
verse. Words importing persons shall include firms, associations,
partnerships (including limited partnerships), trusts, corporations,
and other legal entities, including public bodies, as well as natural
persons, and shall include successors and assigns.
Capitalized terms used, but not otherwise defined, herein, shall have
the meanings assigned to them in the Contract.
End of Teat for Article II
10 of 28 pages
ARTICLE II
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Article III license required to qualify the license
General Terms and Conditions holder or the Contractor to perform the
Services.
1. Contactor Responaibflitiea
iii.) In the event that the Contractor is not
e. Duda and Obligations able to perform the Services due to a
loss of license, the Contractor shalt not
i.) It shall be the duty of the Contractor [o be reimbursed for the Services rendered
discharge, or cause to be discharged, all after the effective date of termination of
of its responsibilities, and to administer such license. Without limiting the
funds received in the interest of [he generality of the foregoing, if any part
County in accordance with the of the Contract remarns to be
provisions of the Convect. performed, and the termination of the
license does not affect the Contractor's
ii.) The Contractor shall promptly take all ability to render the Services, every
action as may be necessary to render other term end provision of the
the Services. Contract shall be valid and enforceable
to the fullest extent permitted by law.
iii.) The Contractor shall nol take any
action that is inconsistent with the d. Documentation of Professional Standards
provisions of the Contract.
The Contractor shall maintain on file, in one
iv.) Services provided under this Contract location in Suffolk County, all records that
shall be open to all residents of the demonstrate that it has complied with sub
County. paragraphs (b) and (c) above. The address of the
location of the aforesaid records and documents
b. Qualificatioma, Licenses, and Professional shall be provided to the County no later than the
Standards date of execution of the Contract. Such
documentation shall be kept, maintained, end
i.) The Contractor represents and warents available for inspection by the County upon
[hat it has, and shall continuously twenty-four (24) hours notice.
possess, during the Term, the required
licensing, education, knowledge, e. Credentialing
experience, end character necessary ro i.) In the event that Ne Department, or any
qualify it to render the Services.
division thereof, maintains a
ii.) The Contractor shall continuously have credentialing process to qualify the
during [he Teem all required Contractor to render the Services, the
authorizations, certificates, Contractor shall complete the required
certifications, registrations, licenses, credentialing process. In the event that
permits, and other approvals required any State credential, registration,
6y Federal, State, County, or local certification or license, Drug
authorities necessary to qualify it to Enforcement Agency registration, or
render the Services. Medicare or Medicaid certification is
restricted, suspended, or temporarily or
a Notifiafions permanently revoked, it is the duty of
the Contractor to contact the
i.) The Contractor shall immediately Departrnent, or division thereof, as the
notify the County, in writing, of any case may be, in vvriting, no later than
disciplinary proceedings, commenced three (3) days after such restriction,
or pending, with any authority relating suspension, or revocation.
to a license held by any person ii.) The Contractor shall forward to the
necessary to qualify him, her, or [he
Contractor to perform the Services. Department, or division thereof, as the
case may be, on or before July 1 of
ii.) In the event that a person is no longer each year during the Temt, a complete
licensed to perform [he Services, the list of the names and addresses of all
Contractor must immediately notify the persons providing the Services, as well
County, but in no event shall such as their respective areas of certification,
notification be later than five (5) days credentialing, registration, and
after a license holder has lost the licensing.
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L Engincering Certifiate iv.) Upon termination, the Contractor shall
reimburse the County the balance of
In the event that the Contract requires any any funds advanced to the Contractor
Engineering Services, the Contractor shall submit by [he County no later than thirty (30)
to the County, no later than [he due date for days alter termination of the Contract.
submission for approval of any engineering work The provisions of this subpemgreph
product, the Certificate of Authorization shall survive the expiration or
("Certificate"), issued pursuant [o termination of the Contract.
§ 7210 of the New York Education Law, of every
person performing any Engineering Services. v.) Nothing contained in this paragraph
The failure to file, submit, or maintain the shall be construed as a limitation on the
Certificate shall be grounds for rejection of any County's rights set forth in paragraphs
engineering work product submitted for approval. 1(c) (iii) and 8 of this Article III.
2. Terminaton 3. Indemnifintion and Defense
a. Thirty Days Termination a. The Contractor shall protect, indemnify, end hold
The Coun shall have the ri h[ to terminate the harmless the County, its agents, servants,
tY g officials, and employees from and against all
Contract without cause, for any reason, at any liabilities, fines, penalties, actions, damages,
time, upon such terms and conditions it deems claims, demands, jud
appropriate, provided, however, that no such actions, costs, and expenses caused by the r
tenninetion shell be effective unless the negligrnce or any acts or omissions of the
Contractor is given at least thirty (30) days Contractor, including reimbursement of the cost
notice. of reasonable attomeys' fees incurred by the
County, its agents, servants, officials, and
b. Event of Default; Termination on Notice employees in any action or proceeding arising out
of, or in connection with, the Contmct.
iJ The County may immediately terminate
the Contract, for cause, upon such b. The Contractor hereby represents and warrants
terms and conditions i[ deems that it will not infringe upon any copyright in
appropriate, in the Event of Default. performing the Services. The Contractor agrees
ii.) If the Contractor defaults under any that it shall protect, indemnify, and hold harmless
other provision of the Contract, the the County, its agents, servants, officials, and
County may terminate the Contract, on employees from and against all liabilities, fines,
not less then five (5) days notice, upon Penalties, actions, damages, claims, demands,
such terms and conditions it deems judgmrnts, losses, suits or actions, costs, and
appropriate. expenses arising out of any claim asserted for
infringement of copyright, including
c. Termination Notice reimbursement of the cost of reasonable
attorneys' fees incurred by the County, its agents,
Any notice providing for termination shall be servants, officials, and employees in any aMion or
delivered as provided for in paragraph 25 of this proceeding arising out of or in connection with
Article III. any claim asserted for infringement of copyright.
d. Duties upon Termination c. The Contractor shall defend the County, its
agents, servants, officials, and employees in any
i.) The Contractor shall discontinue the Proceeding or action, including appeals, arising
Services as directed in the termination out of, or in connection with, the Contract, end
any copyright infringement proceeding or action.
notice.
Altema[ively, at the County's option, the County
may defend any such proceeding or action and
ii.) Subject to any defenses available to it, require the Contractor to pay reasonable
the County shall pay the Contractor for attom s' fees or sal
the Services rendered throw the date ~ ary costs of County
Bh employees of the Department of Law for the
of termination. defense of any such suit.
iii.) The County is released from any and all 4. Insurance
liability under [he Contract, effective as
of [he date of the termination notice. a. The Contractor shall continuously maintaiq
during the Tertn of the Contract, insurence in
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amounts and types as follows:
d. The COmtIHCIOr shall famish to the County, prior
to the execution of the Contract, declaration
i.) Commercial General Liability pages for each policy of insurance, other than a
insurance, including contractual policy for commercial general liability insurance,
liability coverage, in an amount not and upon demand, a true and certified original
less than Two Million Dollars copy of each such policy evidencing compliance
(x2,000,000.00) per occurrence for with the aforesaid insurance requirements.
bodily injury and Two Million Dollars
(x2,000,000.00) per occurrence for e. In the case of commercial general liability
property damage. The County shall be insurance and business use automobile insurance,
named an additional insured. the Contractor shall furnish to the County, prior
to the execution of the Contract, a declaration
ii.) Automobile Liability insurance (if any page or insuring agreement and endorsement
non-owned or owned vehicles are used page evidencing the County's status as an
by the Contractor in the performance of additional insured on said policy, and upon
the Contract) in an amount not less demand, a tme and certified original wpy of such
then Five Hundred Thousand Dollars policy evidencing compliance with the aforesaid
(5500,000.00) per person, per accident, insurance requirements.
for bodily injury and not less than One
Hundred Thousand Dollars L All evidence of insurance shell provide for the
(5100,000.00) for property damage per County to be notified in writing thirty (30) days
occurence. prior to any cencellatioq nonrenewal, or material
change in the policy to which such evidence
iii.) Workers' Compensation and relates. It shall be the duty of the Contractor to
Employer's Liability insurance in notify the County immediately of any
compliance with all applicable New cancellation, nonrenewal, or materiel change in
York State laws and regulations end any insurance policy.
Disability Benefits insurance, if
required by law. The Contractor shall g. In the event the Contractor shall fail to provide
famish to the County, prior to its evidence of insurance, the County may provide
execution of the Contract, the the insurance required in such manner as the
documentation required by the State of County deems appropriate and deduct the cost
New York Workers' Compensation thereof from a Fund Source.
Board of coverage or exemption from
coverage pursuant to §§57 and 220 of h. If the Contractor is a Municipal Corporation and
the Workers' Compensation Law. In has aself-insurance program under which it acts
accordance with General Municipal as aself-insurer for any of such required
Lew § ] 08, the Contract shall be void coverage, the Contractor shall provide proof,
end of no effect unless the Contractor acceptable to the County, ofself-funded
shall provide and maintain coverage coverage.
during the Term for the benefit of such
employces as are required to be 5. Independent ContnMor
wvered by the provisions of the
Workers' Compensation Law. The Contractor is not, and shall never be, considered an
employee of the County for any purpose. Notwithstanding
iv.) Professional Liability insurance in an anything contained in this Contract, the Contract shall not
amount not less than Two Million be consWed as creating a principal-agent relationship
Dollars (52,000,000.00) oneither a between the County end the Contractor or the Contractor
per-ocuurence or claims-made and the County, es the case may be.
coverage basis.
b. The County nary mandate an increase in the 6. Severability
liability limits set forth in the immediately
preceding Paragraphs (4)(a)(i), (ii), and (iv). It is expressly agreed that if any term or provision of this
Contract, or the application thereof to any person or
c. All policies providing such coverage shall be circumstance, shall be held invalid or unenforceable to any
issued by insurance companies authorized [o do extent, the remainder of the Contract, or the application of
business in New York with an A.M. Best rating such term or provision to persons or circumstances other
of A- or better. than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and every other term and
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provision of the Contract shall be valid and shall be military status, or marital status, or have the
enforced to the fullest extent permitted by law. effect of substantially impairing the Contract with
respect to individuals of a particular race, creed,
7. Merger; No Oral Changes color, national origin, sex, age, disability, sexual
orientation, military status, or marital status, in
It is expressly agreed that the Contract represents the entire determining:
agreement of the parties and that all previous i.) the Services to be provided; or
understandings are herein merged in the Contract. No
modification of the Contract shall be valid unless in written ii.) the class of individuals to whom, or the
form and executed by both parties. situations in which, the Services will Ix
provided; or
8. Set-Oft Righls iii.) the class of individuals [o be afforded
an opportunity to receive the Services.
The County shall have all of its common law, equitable,
and statutory rights of set-off. These rights shall include,
10. Nonxctarian Declaration
but not be limited ro, the County's option to withhold from
e Fund Source an amount no greater than any sum due and The Services performed under the Contract are secular in
owing to [he County for any reason. The County shall nature. No funds received pursuant to the Contact shell be
exercise its set-off rights subject to approval by [he County used for sectarian purposes or to further the advancement
Attorney. Incases of setoff pursuant to a Comptroller's of any religion. The Services will be available to all
audit, the County shall only exercise such right after the eligible individuals regardless of religious belief or
fmaliration thereof, and only after consultation with the affiliation.
County Attorney.
9. Non-Discrimination in Services 11. Governing Law
The Contract shall be governed by, and construed in
a. The Contractor shell not, on the Bounds of race, with, the laws of the State of New York,
creed, color, national origin, sex, age, disability, without regard to conflict of laws. Venue shall be
sexual orientation, military status, or marital designated in [he Supreme Court, Suffolk County, the
status United States District Court for the Eastern District ofNew
i.) deny any individual the Services York, or, if appropriate, a court of inferior jurisdiction in
provided pursuant to the Contract; or Suffolk County.
ii.) provide the Services [o an individual
[hat is different, or provided in a 12. No Waiver
different manner, from [hose provided It shall not be wnstaed that any failure or forbearance of
[o others pursuant to the Contract; or
the County to enforce any provision of the Contract in any
iii.) subject an individual to segregation or particular instance or instances is a waiver of that
separate treatment in any matter related provision. Such provision shall otherwise remain in full
to the individual's receipt of the force and effect, notwithstanding any such failure or
Services provided pursuant to the forbearance.
Contract or
iv.) restrict an individual in any way from 13. Conflicts of Interest
any advantage or privilege enjoyed by
others receiving the Services provided The Contractor shall not, during the Term, pursue a course
pursuant to [he Contract; or of conduct which would cause a reasonable person to
believe that he or she is likely to be engaged in acts that
v.) treat an individual differently from create a substantial wnflict between its obligations under
others in determining whether or not the Contract and its private interests. The Contractor is
the individual satisfies any eligibility or charged with the duty to disclose to the County the
other requirements or conditions which existence of any such adverse interests, whether existing or
individuals must meet in order to potential. This duty shall continue as long as the Term.
receive the Services provided pursuant The determination as to whether or when a confliM may
to the Contract. potentially exist shall ultimately be made by the County
b. The Contractor shall not utilize criteria or Attorney after full disclosure is obtained.
methods of administration which have the effect
of subjecting individuals to discrimination 14. Cooperation on Claims
because of their race, creed, color, national
origin, sex, age, disability, sexual orientation, The Contractor and the County shall render diligently [o
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each other, without compensation, any and all cooperetion ii.) if the Contractor is a closely held
[hat may be required to defend the other party, its corporation (i.e. whose stock is not
employees and designated representatives, against any publicly held and not traded through an
claim, demand or action that may be brought against the exchange or over the counter):
other party, its employees or designated representatives
arising out of, or in connection with, the Contract. 1. the dissolution, merger,
consolidation or other
15. Confidentiality reorganization of the Contractor;
and
Any document of the County, or any document created by
the Contractor and used in rendering the Services, shall 2. the sale or other transfer of twenty
remain the property of the County and shall be kept percent (20%) or more of the
confidential in accordance with applicable laws, rates, and shares of the Contntctor (other
regulations. than to existing shareholders, the
corporation itself or the immediate
16. Assignment and Subcontracting family members of shareholders
by reason of gift, sale or devise).
a. The Conttactor shall no[ delegate its duties under
the Con[rect, or assign, transfer, convry, b. If the Contractor is snot-for-profit corporetion, a
subcontract, sublet, or otherwise dispose of the change of twenty percent (20%) or more of its
Contract, or any of its right, title or interest shares or members shall be deemed a Permitted
therein, or its power to execute the Contract, or Transfer.
assign all or any portion of the monies that may
be due or biome due hereunder, (collectively The Contractor shell notify the County in writing,
rcfered to in this paregreph 16 as "Assignment"), which notice (the "Transfer Notice") shall
to any other person, entity or thing without the include:
prior written consent of the County, and any i.) the proposed effective date of the
attempt to do any of the foregoing without such permitted Transfer, which shall not be
consent shell be void ab initio.
less than thirty (30) days nor more then
b. Such Assignment shall be subject to all of the one hundred eighty (180) days after the
provisions of the Contract and to any other date of delivery of the Transfer Notice;
condition the County requires. No approval of
any Assignment shall be constroed as enlarging il.) a summary of the material terms of the
any obligation of the County under the terns and proposed Permitted Transfer;
provisions of the Contrect. No Assignment of the
Contract or assumption by any person of any duty iii.) the name and address of the proposed
of the Contrector under the Conrad shall transferee;
provide for, or otherwise be construed as, iv.) such information reasonably required
releasing the Contractor from any teen or
provision of the Contract. by the County, which will enable the
County to determine the financial
17. Changes to Contactor responsibility, character, and reputation
of the proposed transferee, nature of the
e. The Contrec[or may, from time to time, only with proposed essignee/transferee's business
the County's written consent, enter into a end experience;
Permitted Transfer. For purposes of the v.) all executed forms aired ursuant to
Contract, a Permitted Transfer means: req P
Artlele IV of the Contract, that are
i.) if the Contrec[or is a partnership, the required to be submitted by the
withdrawal or change, whether Contactor; and
voluntary, involuntary or by operation
of Iflw, of the partners, or transfer of vi.) such other information es the County
partnership interests (other than the may reasonably require.
purchase of partnership interests by
existing partners, by the partnership d. onsent o a Pa
er~mitted Transfer shallobe u red,
itself or the immediate family members rovided that the transfer does not viola[
by reason of gift, sale or devise), or the P Y
dissolution of the partnership without provision of the Contrect, and the tnmsferee has
immediate reconstitution thereof, end not been convicted of a criminal offense as
described under Article II of Chapter 189 of the
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Suffolk County Code. The County shall grantor itself and the Contractor fiereby gives to the
deny its consent to any request of a Permitted County, end to any other person designated by
Transfer within twenty (20) days after delivery to the County, aroyalty-free, nonexclusive license
the County of the Transfer Notice, in accordance to produce, reproduce, publish, translate, or
with the provisions of Paragraph 25 of Article otherwise use any such materials.
III of the Contract. If the County shall not give b. Patents
written notice to the Contractor denying its
consent to such Permitted Transfer (and setting If the Contractor makes any discovery or
forth tfie basis for such denial in reasonable invention during the Term, as a result of work
detaiq within such twenty (20)-day period, then performed under the Contract, the Contractor
the County shall be deemed to fiave granted its may apply for and sceure for itself patent
consent to such Permitted Transfer. protection. However, the County reserves to
itself, end the Contractor hereby gives to the
e. Notwithstanding [he County's consent, County, and to any other person designated by
the County, aroyalty-free, nonexclusive license
i.) the terms and conditions of the to produce or otherwise use any item so
Contract shall in no way be deemed to discovered or patented.
have been waived or modified; and
22. Arrears to County
ii.) such consent shall not be deemed
consent to any further transfers, Contrector warrants that, except as may otherwise be
authoriud by agreement, it is not in arrears to the County
18. No Intended Third Party Beneficiaries upon any debt, contract, or any other lawful obligation, and
is not in default to the County as surety.
The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed ~ Lawful Hiring of Employees Law in Connection
a beneficiary of the Contract end no third party shall have with Contacts for Conataction or Future
the right to make any claim or assert any right under the Construction
Contract.
In the event that the Contract is subject to the Lawful
19. Certifiation as to Relationahipa Hiring of Employees Law of the County of Suffolk, Suffolk
County Code Article II of Chapter 353, as more fully set
The Contractor certifies under penalties of perjury that, forth in Ore Article entitled "Suffolk County Legislative
other than through the funds provided in the Contract and Requiremenu," the Contractor shall maintain the
other valid agreements with the County, there is no known documentation mandated to be kept by this law on the
spouse, fife partner, business, commercial, economic, or construction site at all times. Employce sign-in sheets and
financial relationship with the County or iu elected register/log books shall be kept on the conswction site at
officials. The ContnuKOr also certifies that there is no sll times and all covered employees, 8S defined in the law,
relationship within the third degree of consanguinity, shall be required to sign such sign-in shyregister/log
between the Contractor, any of its partners, members, books to indicate their presence on the constmction site
directors, or shareholders owning five (S%) percent or during such working hours.
more of the Contractor, and the County.
24. Record Retention
20. Publications
The Contractor shall retain all accounts, books, records,
Any book, article, report, or other publication related to the and other documents relevant [o the Contract for seven (7)
Services provided pursuant to this Contract shall contain y~ f naV payment is made by the County. Fedeal,
the following statement in clear and legible print: State, and/or County auditors and any persons duly
"This publication is fully or partially funded auifioriud by the County shall hm~e full access and the
by the County of Suffolk." right to examine any of said materials during said period.
Such access is granted notwithstanding any exemption
21. Copyrights and Patents from disclosure that may be clainkd for those records
whicfi are subject to nondisclosure agreements, trade
a. Copyrights secrets and commereial information or financial
information that is privileged or confidential Without
If the work of the Contractor should result in the limiting the generality of the foregoing, records directly
production of original books, matrusls, films, or related to contract expenditures shall be kept for a period of
other materials for which a copyright may be ten (10) years because the statute of limitations for the New
granted, the Contractor may sceure copyright York False Claims Act (New York False Claims Act § 192)
protection. However, the County reserves to is ten (10) years.
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25. Notice
Unless otherwise expressly provided, all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular first class mail 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 J
to the County at the Department, or as to either of the
foregoing, to such other address as the addressee shall have
indicated by prior written notice to the addressor. All
notices received by the COntraMOl relating to a legal claim
shall be immediately sent to the Department and also to the
County Attorney e<H. Lee Dennison Building, 100
Veterans Memorial Highway, P.O. Box 6100, (Sixth
Floor), Hauppauge, New York, 11788-0099.
End of Teat [or Article III
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3. Use of County Raourca to loterfere with Collective
Article IV Bargaining Actlvitia
Snifolk County Legislative Requirements It shall be the duty of the Contractor to read, became
familiar with, and wmply with the requirements of Article I
1. CootraMor'aNendor'a Public Disclosure Statement of Chapter 803 of the Suffolk County Code.
It shall be the duty of the Contractor m read, become County Contractors (as defined by section 803-2) shall
familiar with, and comply with the requiremenu of section comply with all requirements of Chapter 803 of the Suffolk
AS-7 of Article V of the Suffolk County Code. County Code, including the following prohibitions:
Unless certified by an officer of the Contractor es being a. The Contractor shall not use County funds to
exempt from the requirements of section AS-7 of Article V assist, promote, or deter union organizing.
of the Suffolk County Code, the Contractor represents and
warrants that it has filed with the Comptroller the verified b. No County funds shall be used to reimburse the
public disclosure statement required by Suffolk County Contractor for any costs incurred to assist,
Administrative Code Article V, section AS-7 and shall file promote, or dettt union organizing.
an update of such statement with the Comptroller on or
before the 31st day of January in each year of the c. No employtt shall use County property to hold a
Contract's duretion. The Contractor acknowledges that meeting with employees or supervisors if the
such filing is a material, wntrailual and statutory duty and purpose of such meeting is to assist, promote, or
that the fitilure to file such statement shall constitute a deter union organizing.
material breech of the Contract, for which the County shall
be entitled, upon a determination that such breach has If the Services are performed on County property, the
occurred, to damages, in addition to all other legal Contractor must adopt a reasonable access agreement, a
remedies, of fifteen percent (I S%) of the amount of the neutrality agreement, fair communication agreement, non-
contract. intimidation agreement, end a majority authorization card
agreement.
Required Form:
Suffolk County Form SCEX 22; entitled If the Services are for the provision of human services and
"Contractor'sNendor's Public Disclosure Statement" ere not to be performed on County property, the Contractor
must adopt, at the least, a neutreliry agreement.
2. Living W age Law Under the provisions of Chapter 803, the County shall have
the authority, under appropriate circumstances, to terminate
It shall be the duty of the Contractor to reed, become the Contrail and w seek other remedies es set forth therein,
familiar with, and comply with the requirements of Chapter for violations of this Law.
575, of the Suffolk County Code.
This Contract is subject to the Living Wage Law of the Required Form:
Suffolk County Labor Law Form DOL-LOI; entitled
County of Suffolk. The law requires that, unless specific "Suffolk County Department of Labor -Labor Mediation
exemptions apply, all employers (es defined) under service Unit Union Organizing Certifiration/Declaration • Subject
contracts and recipients of County financial assistance, (as to Audit"
defined) shall provide payment of a minimum wage to
employees es set forth in the Living Wage Law. Such rate
shall be adjusted annually pursuant to the terms of the 4. Lawiul Hiring of Employee Law
Suffolk County Living Wage Law of the County of Suffolk.
Under the provisions of the Living Wage Law, the County It shall be the duty of the Contractor to read, become
shall have the authority, under appropriate circumstances, famrliar wrth, and comply wtth the requirements of Article
to terminate the Contract and to seek other remedies as set it of Chapter 353 of the Suffolk County Code.
forth therein, for violations of this Law.
This Contract is subject to the Lawful Hiring of Employees
Required Forma: Law of the County of Suffolk [t provides that all covered
employers, (as defined), and the owners thereof, as the case
Suffolk County Living Wage Form LW-l; entitled "Suffolk may be, that are recipients of compensation fivm the
County Department of Labor -Living Wage Unit Notice of County through any grant, loan, subsidy, funding,
Application for County Compensation (Contract)." appropriation, payment, tax incentive, contract,
subcontract, license agreement, lease or other financial
Suffolk County Living Wage Fonn LW-38; entitled compensation agreement issued by the County or an
"Suffolk County Department of labor -Living Wege Unit awarding agency, where such compensation is one hundred
Living Wage Certifica[ion/Declaration -Subject To percent (100%) funded by the County, shall submit a
Audit " completed sworn affidavit (under penalty of perjury), the
forth of which is attached, certifying that they have
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complied, in good faith, with the requirements of Title 8 of Law (8 U.S.C. Section 1324a) With Respect To Lawful
the United States Code Section 1324a with respect to the Hiring of Employces."
hiring of covered employees (as defined) and with respect
to the alien and nationality status of the owners thereof. Suffolk County Lawful Hiring of Employees Law Form
The affidavit shall be executed by en authorized LHE-2; entitled "Affidavit Of Compliance With The
representative of the covered employer or owner, as the Requirements Of 8 U.S.C. Section ] 324a With Respect To
case may be; shall be part of any executed contrect, Lawful Hiring Of Employees"
subcontract, license agreement, lease or other financial
compensation agreement with the County; and shall be 5. Gratuities
made available to the public upon request.
It shall be the duty of the Contractor [o read, become
All contractors and subcontractors (as defined) of wvered familiar with, and comply with the requirements of Chapter
employers, end the owners thereof, as the case may be, that 664 of the Suffolk County Cade.
are assigned to perform work in connection with a County
contract, subcontract, license agreement, lease or other
The Contractor represents and warrants that it has not
financial wmpensation agreement issued by the County or
awarding agency, where such com offered or given any gratuity to any official, employee or
pensation is one hundred agent of the County or the State or of any political party,
percent (100%) funded by the County, shall submit to the with the purpose or intent of securing an agreement or
covered employer a completed sworn affidavit (under
penalty of perjury), the form of which is attached, securing favorable treatment with respect to the awarding
or amending of an agreement or the making of any
certifying [hat they have complied, in good faith, with the determinations with respect to the performance of an
requirements of Title 8 of the United States Code Section agreement.
1324a with respect to the hiring of wvered employees and
with respect to the alien and nationality status of the 6. Prohibition Agalrot Contracting with Corpontiona
owners thereof as the case may be. The affidavit shall be
executed by an authorized representative of the contractor, that Reincorporate Overaw
subwntreaor, or owner, as the case may be; shall be pert of It shall be the duty of the Contractor to read, become
any executed contract, subcontract, license agreement, lease
or other financial compensation agmment between the familiar with, and comply with the requirements of sections
A4-13 and A4-14 of Article IV of the Suffolk County
covered employer and the County; and shall be made Code.
available to the public upon request.
The Contractor represents that it is in compliance with
An updated affidavit shall be submitted by each such sections A4.13 end A4-14 of Article IV of the Suffolk
employer, owner, contractor and subcontractor no later County Code. Such law provides that no contract for
than January I of each year for the duretion of any contract consulting services or goods and services shall be awarded
end upon the renewal or amendment of the Contract, and by the County to a business previously incorporated within
whenever a new contractor or subcontractor is hired under the U.S.A. that has reinwrporeted outside the U.S.A.
the terms of the Contract.
The Contractor acknowledges that such filings area Child Sexual Abuse Reporting Policy
material, contractual end statutory duty and that the failure
to file any such statement shall constitute a material breach It shall be the duty of the Contractor to read, become
of the Contract, familiar with, and comply with the requirements of Article
II of Chapter 880 of the Suffolk County Code.
Under the provisions of the Lawful Hiring of Employees
Law, the County shall have the authority to terminate the The Contractor shall comply with Article II of Chapter 880,
Contract for violations of this Law and to seek other of [he Suffolk County Code, entitled "Child Sexual Abuse
remedies available under the law. Reporting Policy," as now in effect or amended hereafter or
of any other Suffolk County Local Law that may become
The documentation mandated to be kept by this law shall et applicable during the term of the Contract with regard to
all times be kept on site. Employee sign-in sheets and child sexual abuse reporting policy.
regis[edlog books shall be kept on site at all times during
working hours and all covered employees, as defined in [he 6. Non Reaponaible Bidder
law, shall be required to sign such sign-in
shcets/regis[edlog books to indicate their presence on the It shall be the duty of the Contractor to read, become
site during such working hours. familiar with, end comply with the requirements of Article
11 of Chapter 189 of the Suffolk County Code.
Required Forms:
Upon signing the Contract, the Contractor certifies that it
Suffolk County Lawful Hiring of Employees Law Fonn has not been convicted of a criminal offense within the last
LHE-I; entitled "Suffolk County Department ofLabor - ten (I0) years. The term "conviction" shall mean a finding
Notice Of Application To Certify Compliance With Federal of guilty after a trial or a plea of guilty to an offense
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covered under section 189-5 of the Suffolk County Code Suffolk County Local Laws, Rules and Regulations
under "Nonresponsible Bidder." can be accessed on the homepage of the Suffolk
County Legislature.
9. Ux of Funds in Prosecution of Civil Actions
Prohibited Eod otText for Article IV
It shall be the duty of the Contractor to reed, become
familiar with, and cemply with the requirements of Article
III of Chapter 893 of the Suffolk County Code.
The Contractor shall not use any of the moneys, in pert or
in whole, and either directly or indireMly, received under
the Contract in connection with the prosecution of any civil
action against the County in any jurisdiction or any judicial
or administrative foram.
10. Youth Sport
It shall be the duty of the Contractor to read, become
familiar with, end 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 written 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 [he award of
a County centract, grant or funding. Receipt of such plan
or policy by the County does not represent approval or
endorsement of any such plan or policy, nor shall the
County be subject to any liability in connection with any
such plan or policy.
11. Work Experience Participation
If the Contractor is snot-for-profit or governmental agency
or institution, each of the Contractors locations in the
County at which the Services are provided shall be e work
site for publio-assistance clients of Suffolk County pursuant
to Chapter 281 of Ne Suffolk County Code at all times
during the Term of the Contract. If no Memorandum of
Understanding ("MOU") with the Suffolk County
Department of Labor for work experience is in effect at the
beginning of Ne Term of the Contract, the Contractor, if it
is a not-for-profit or govemmrntal agrncy or institution,
shell enter into such-MOU es soon as possible after the
execution of the Contract and failure to enter into or to
perform in accordance with such MOU shall be deemed to
be a failure to perform in accerdence with the Contract, for
which the County may withhold payment, terminate the
Contract or exercise such other remedies es may be
appropriate in the circumstances.
12. Suffolk County Local haws Webaite Address
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Article V County Department of Audit and Control, shall
General Fiscal Terms and Conditions be famished to the County pursuant to, and as
limited by, the Regulations for Accounting
1. General Payment Terms Procedures for Contras Agencies of the Suffolk
County Department of Audit and Control In
a. Presentation of Suffolk County Payment addition to any other remedies that the County
Voucber may have, failure to supply the required
documentation will disqualify the Contractor
In order for payment to be made by the County to from any further County contracts.
the Contractor for the Services, the Contractor G pa ment b Cozen
shall prepare and present a Suffolk County y y tY
Payment Voucher, which shall be documented by
sufficient, competent and evidential matter. Each Payment by the County shall be made within
Suffolk County Payment Voucher submitted for thirty (30) days after approval of the Suffolk
payment is subject to Audit al any time during County Payment Voucher by the Comptroller.
the Term or any extension thereof. This d. Budget Modifieatioa
provision shall survive expiration or termination
of this Contract for a period of not less than i,) The parties shall use the Contract
seven (7) years, and access to records shall be as Bud s Modification R u
set forth in paragraph 24 of Article III, and gad et Modifiration'~ ~ form
paragraph 4(b) of Article V. to the Budget and Services notvisions
b. Voucher Documentation involving an increase to the total cost
of the Contras. The Contractor shall
The Suffolk County Payment Voucher shall list submit to the County the Budget
all information regarding the Services end other Modification proposed revisions for
items for which expenditures have been or will be either Budget or the Services. Such
made in accordance with the Contrsct. Either request must be made in advance of
upon execution of the Contract (for the Services incurring any expenditure for which the
already rendered and expendimres already made), revision is needed.
or not more than thirty (30) days after the
expenditures were made, and in no event after the ii.) When the County and the Contractor
31"day of January following the end of each year agree as to such revisions, the
of the Contract, the Contractor shall furnish the Contracor shall execute the Budget
County with detailed documentation in support Modification form. The Contractor
of the payment for the Services or expenditures shall return it to the County for
under the Contract e.g. dates of the Service, execution.
worksite locations, activities, hours worked, pay
rates end all program Budget categories. The iii.) Upon complete execution of the Budget
Suffolk County Payment Voucher shall include Modification form, the County shall
time rewrds, certified by the Contrector as We return a copy to the Contrasor. The
and accurate, of all personnel for whom revision shall not be effective until the
expenditures are claimed during the period. Budget Modification is completely
Time and attendance records of a project director, executed.
it any, shall be certified by [he Chairperson,
President or other designated member of the iv.) The Budget Modification form maybe
Board of Directors of the Contractor. All Suffolk submitted only twig per calendar year
County Payment Vouchers must bear a signature and may only be submitted prior to
es that tcrm is defined pursuant to New York November 15'"' of that year.
Stale General ConsWSion Law §46 by duly
authorized persons, and certifiration of such e. Budget and/or Services Revisions
authorization with certified specimen signatures
thereon must be filed with the County by a i.) The parties shall use the Contract
Contractor official empowered to sign [he Budget/Services Revision Approval
Contract. Disbursements made by the Contractor Form (Budget /Services Revisions) for
in accordance with the Contact and submitted revisions to the Budget and Services
for reimbursement must be documented and must involving any change to the total cost
comply with accounting procedures as set forth of the Contras due to a resolution of
by the Suffolk County Department of Audit and the Legislature, changes to the
Conuol. Documentation, including any other County's adopted annual budget, or for
form(s) required by County or the Suffolk any other reason necessitating revisions
[o the Budget or Services.
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ii.) When the County and the Contractor deemed incorporated in and made a part of the
egret es to such revisions, the Contract, and the Contractor shall implement
Contractor shell execute the those terms and conditions in no less than
Budget/Services Revisions form. The fourteen (14) days.
Contractor shall return it to the County.
3. Personnel Salaries, Peoaion and Employee t3eoefit
iii.) Upon complete execution of the form Plana, Rules end Procedures
by the parties, the County shall returo e
copy [o the Contractor. The revision a. Upon request, the Contractor shall submit to the
shall not be effective until the Budget County a current copy, certified by the
/Services Revisions is completely Contractor as true and accurate, of its
executed.
i.) salary scale for all positions listed in
L Taws the Budget;
The charges payable to the Contractor under the ii.) personnel rules and procedures;
Contract are exclusive of federal, state, and local
taxes, the County being a municipality exempt iii.) pension plan and any other employee
from payment of such taxes. benefit plans or arrangements.
b. The Contractor shall not be entitled to
g. Final Voucher reimbursement for costs under any pension or
The acceptance by the CORnaCIOI of payment of benefit plan the Comptroller deems commercially
all billings made on the final approved Suffolk unreasonable.
County Payment Voucher shall operate es and
shall be a release of the County from all claims Notwithstanding anything in this paragraph 3 of
by the Contractor through [he date of the this Article V, the County shall not be limited in
Voucher. requesting such additional financial information
it deems reasonable.
2. Subject to Appropriation of Funds
4. Accounting Procedures
a. The Contract is subject to the amount of funds a. The Contractor shall maintain accounts, books,
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature records, documents, other evidence, and
end no liability shall be incurred by the County aceounting procedures and practices which
beyond the amount of funds appropriated each sufficiently and properly reflect all direct end
fiscal year by the County Legislature for the indirect costs of any nature expended in the
Services. performance of the Contract, in accordance with
generally accepted accounting principles and
with rules, regulations and financial directives, as
b. If the County fails to receive Federel or State may be promulgazed by the Suffolk County
funds originally intended to pay for the Services, Department of Audit end Control and the
or to roimburse the County, in whole or in part,
Department. The Contractor shall permit
for payments made for the Services, the County
shall have the sole and exclusive right to: inspection end audit of such accounts, books,
records, documents and other evidence by [he
i.) determine how to pay for the Services; Department and the Suffolk County Comptroller,
or their representatives, as often as, in then
ii.) determine future payments to the judgment, such inspection is deemed necessary.
Contrsctoq and Such right of inspection and audit as set forth in
subparagraph b. below shall exist during the
iii.) determine what amounts, if any, are Term and for a period of seven (7) years after
reimbursable to the County by the expiration or termination of the Contract.
Contractor and the terms end b. The Contractor shall retain all accounts, books,
conditions under which such records, and other documents relevant to the
reimbursement shall be paid. Contract for seven (7) years after final payment is
c. The County may, during the Tern, impose a made by the County. Federal, State, and/or
Budget Deficiency Plan. In the event that a County auditors and any persons duly suthoriud
Budget Deficiency Plan is imposed, the County by the County shall have full access and Ne right
to examine any of said materials during said
shall promptly notify the Contractor in writing of period. Such access is granted notwithstanding
the terms and conditions thereof, which shall be
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any exemption from disclosure that may be principles. The Contractor may solicit requests
claimed for those records which ere subject to for proposals from a number of qualified
nondisclosure agreements, trade secrets and accounting fimrs and review carefully the costs
commercial information or financial infomration of, and qualifications for, this type of work before
that is privileged or confidential. selecting [he Auditor.
c. The Contractor shall utiliu the accrual basis of b. The Auditor should be required [o meet the
accounting and will submit all financial reports following minimum requirements:
end claims based on this method of accounting i.) a current license issued b
during the Tenn. the New York State y
Education Department
5. Audit otFinancial Statemenh
ii.) sufficient auditing experience
a. All payments made under the Contract are in the not-for-profit,
subject to audit by the Comptroller pursuant to govemmrntal or profit-
Article V ofthe Suffolk County Charter. The making areas. as applicable;
Contractor further agrees that the Comptroller and
and the Department shall have access to and the
right to examine, audit, excerpt, copy or iii.) a satisfactory peer review
issued within not more than
transcribe any pertinrnt transactions or other three (3) years prior to the
records relating to services under the Contras. If date when the Auditor was
such an audit discloses overpayments by the
County to the Contractor, within thirty (30) days selected to conduct the audit.
after the issuance of an official audit report by the c. The audit must be conducted in accordance with
Comptroller or his duly designated generally accepted govemmrntel auditing
represrntatives, the Contractor shell repay the standards. Financial statemrnts must clearly
amount of such overpayment by check to the differentiate between County-funded programs
order of the Suffolk County Treasurer or shall and other programs that the Contractor may be
submit a proposed plan of repayment [o the operating. The use of subsidiary schedules
Comptroller. If there is no response, or if should be encouraged for this purpose. The
satisfactory repayments are not made, the County Auditor must also prepare a Management Letter
may recoup overpayments from any amounts due based on the audit.
or becoming due to the Contractor from the
County under the Contract or otherwise. d. In the event the Contractor is snot-for-profit
organization or unit of local government end
b. The provisions of this paragaph shall survive the expends five hundred thousand (SS00,000.00)
expiration or termination of the Contract fora dollars or more of Federal monies, whether as a
period of seven (7) years, end access to records recipient expending awards received directly
shall be es set forth in paragraph 24 of Article Itl, from Federal awarding agencies, ores a
and paragraph 4(b) of Article V. subrecipirnt expending Federal awards received
from apass-through entity, such as New York
6. Fnancial Sfatemenb and Audit Requirements State or Suffolk County, during any fiscal year
within which it receives funding under the
u. Notwithstanding any other reporting or Contract, the audit must lx conducted, and the
certifiration requirements of Federal, State, or audit report ("Single Audit Report") must be, in
local authorities, the Contrasor shall obtain the accordance with OMB Cireular No. A-133
services of an independent licensed public (revised June 27, 2003). Single Audit Reports
accountant or certified public accountant (the must also be submitted to the designated
"Auditor") [o audit its financial statements for clearinghouse, cognizant agency and/or pass-
each Contractor's "fiscal year" in which the through entity, to the extent required by the OMB
Contractor has received, or will receive, three Circular referred to above.
hundred thousand (5300,000.00) dollars or more e. The Contractor must submit to the County a
from the County, whether under [he Contract or
other agreements with the County, and shell statement in writing, certified by its chief
financial officer, which states the amount of
submit a report to the County on the overall Federal funding expended by the Contrasor
financial condition and operations of the during such fiscal year. The Contrasor must
Contractor, including a balance shat and mail or deliver the certified statement to the
statement of income and expenses, attested by the Department and to the Executive Director of
Auditor as fairly and accurately reflesing the Auditing Services, Suffolk County Depertrnent of
accounting recerds of [he Contrector in Audit and Control, H. Lee Dennison Building,
accordance with generally accepted accounting 100 Veterans Memorial Highway, P. O. Box
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6100, Hauppauge, New York 11788-0099, as equipment, materials, or supplies for
soon es possible after the end of the Contractor's the COntlBCtoi in accordance with the
fiscal year. The statement must include all programmatic needs of the ContreM. If
Federel funding received directly from the the County exercises this right, the
Federal government and aI] Federal funds passed amount budgeted for the items so
through from the County end other pass-through purchased or obtained by the County
entities. for the Contractor shall not be available
L Copies of all financial statements, Management to the Contractor for any purpose
Letters, Single Audit Reports and other audit whatsoever. Title to any such items
reports must be transmitted to the County and to purchased or otherwise obtained by the
[he Executive Director of Auditing Services at County for the programs encompassed
the address set forth above. The reports must be by the Contract and entrusted to the
submitted within [hiriy (30) days after completion Contractor, shall remain in the County.
of the audit, but in no event later than nine (9) iii,) The County shall retain e ro
months after the end of the Contractor's fiscal interest in all furniture, removabl~
year, to which the audit relates. fixtures, equipment, materials, and
g. These requirements do not preclude the County, supplies purchased or obtained by the
the Comptroller, or their authorized Contractor and paid for or reimbursed
reprexntatives, or Federal or State auditors from to the Contractor pursuant to the terms
auditing all records of the Contractor. Therefore, of the Contract or any prior agreement
the records of the Contractor must be made between the parties.
available to authorized representatives of Federal,
Stan and County government for then purpose. iv.) The Contractor shall attach labels
indicating the County's proprietary
h. The provisions of this paragraph shall survive the interest or title in all such property.
expiration or termination of the Contract.
c. County's Right to Take Title and Poaeeseioa
7. Furniture, Firtarea, Equipment, Materials, Supplies
Upon the tenninazion or expiration of the
a. Purchases, Rentals or Leases Requiring Prior Contract or any renewal thereof; the
Approval diswntinuance of the business of the Contractor,
the failure of the Contractor to comply with the
Prior [o placing any order to purchase, rent or terms of the Contract, the benkmptcy of the
lease any furniture, fixtures, or equipment valued Contractor, an assignment for the benefit of its
in excess of one thousand dollars ($1,000.00) per creditors, or the failure of the Contractor to
unit for which [he COnIraCIOr will seek satisfy any judgment against it within thirty (30)
reimbursement from the County, the Contractor days of filing of the judgment, the County shall
shall submit to the County a written request for have the right to take title to and possession of all
approval to make such a proposed purchase, furniture, removable fixtures, equipment,
rental or lease, with a list showing the quantity materiels, and supplies and the same shall
and description of each item, its intended thereupon become the property of the County
location end use, estimated unit price or cost, and without any claim for reimbursement on the part
estimated total most of the proposed order. of the Contractor.
Written approval of the County shall be required
before the Contractor may proceed with such d. Inventory Records, Controb and Reporb
proposed purchase, rental or lease of furniture,
fixtures or equipment All items purchased must The Contractor shall maintain proper end
be new or like new unless specifically described accurate inventory records and controls for all
otherwise in the Budget. such furniture, removable fixtures and equipment
acquired pursuant to the Contract and atl prior
b. Purchase Practices/Proprietary Interest of agreements between the parties, if any. Three (3)
County months before Ute expvation date of the Contract,
the Contractor shall make a physical count of all
i.) The Contractor shall follow the general items of furniture, removable fixtures and
practices that are designed [o obtain equipment in its custody, checking each item
furniture, fixtures, equipment, against the aforesaid inventory rewnls. A report
materials, or supplies at the most setting forth the results of such physical wont
reasonable price or cost possible. shell be prepared by the Contractor on a form or
forms designated by the County, mortified and
ii.) The County reserves the right to signed by an authorized official of the
purchase or obtain furniture, fixtures, Contractor, and one (1) wpy thereof shall be
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deliverrA to the County within five (5) days after rental agreement, to the County for approval.
the date set for the aforesaid physical count.
Within five (5) days attar the termination or g, Statement otOther Coatracb
expiration date of the Contract, the Contractor
shall submit to the County six (6) copies of [he prior to the execution of the Contract, the Contractor shall
same report updated to such date of the Contract, submit a Statement of Other Contracts to the County,
certified and signed by en authorized official of which shall be attached as an exhibit to the Contract. If the
the Contractor, based on a physical count of all Contract is amended during the Term, or if the County
items of fumiture, removable fixtures and exereises its option right, the Contractor shall attach a then
equipment on the aforesaid expiration date, and current Statement of Other Contracts.
revised, if necessary, to include any inventory
changes during the last three (3) months of the 10. Miscellaneous Fiscal Terms and Conditions
Tenn.
e. Protection of Property in Contractor's e. Limit of County's ObliQationa
Custody The maximum amount to be paid by the County
The Contacror shall maintain vigilance and take is set forth on the first page of the Contract.
all reasonable precautions to protect the furniture, b. Dupliate Payment from Other Sources
fixtures, equipment, material or supplies in its
custody against damage or loss by fire, burglary, payment by the County for the Services shall not
theft, disappearance, vandalism, or misuse. In the
event of burglary, theft, vandalism, or duplicate payment received by the Contractor
disappearance of any item of furniture, fixtures, from any other source.
equipment, material or supplies, the Contractor c. Funding Identification
shall immediately notify the police and make a
record thereof, including a record of the results of The Contractor shall promptly submit to the
any investigation which may be made thereon. In County upon request, a schedule for all programs
the event of loss of or damage to any item of funded b the Cow
furniture, fixtures, equipment, materiels, or Y ty. itemizing for each such
supplies from any cause, the Contractor shall program the sums received, their source and the
immediately send the County a detailed written total program budget.
report thereon. d. Oubide Funding for Non-County Funded
f. Disposition of Property in Contractor's AMivitiea
Custody Notwithstanding the foregoing provisions of the
Upon termination of the County's funding of any Contract, it is the intent of the County that the
of the Services covered by the Contract, or at any terms and conditions of the Contract shall not
other time that the County may direct, the limit the Contractor from applying for and
Contractor shall make access available and render accepting outside grant awards or Dorn providing
all necessary assistance for physical removal by additional educational activities/services which
the County or its designee of any or all furniture, may result in the Contractor incurring additional
removable fixtures, equipment, materials or costs, as Tong as the following conditions are met:
supplies in the COM$CIOI'S custody in which the i.) The County is not the Fund Source for
County has a proprietary interest, in the same the additional services;
condition as such property was received by the
Contractoq reasonable wear and tear excepted. ii.) Sufficient funding is available for or
Any disposition, settlements or adjustments can be generated by the Contractor to
connected with such property shall be in cover the cost incurred by the
accordance with the roles and regulations of the Contractor to provide these additional
County and the State of New York. services; and
S. Lease or Rental Agreements iii.) 1f sufficient funding is not available or
cannot be generated, the County shall
If lease payments or rental costs are included in the Budget not be held liable for any of the
as an item of expense reimbursable by the County, the additional costs incurred by the
Contractor shell promptly submit to the County, upon Contractor in furnishing such
request, any lease or rental agreement. If during the Term, additional services.
the Contractor shall enter into a lease or rental agreement, iv.) Prior to scheduling any such additional
or shall renew a lease or rental agreement, [he Contractor services on County-owned property,
shall, prior to the execution thereof, submit such lease or
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the Contractor shall obtain written County, payable to the Suffolk County Treasurer.
County approval. The Contractor shall, The provisions of [his subparagraph shall survive
to the County's satisfaction, submit any the expiration or termination of the Contract
documentation requested by the
Department reflecting the change, and h. Budget
identify the additional services to be
provided and the source of funding that The Contractor expressly represents and agrees
shall be utilized to cover [he that the Budget lists all revenue, expenditures,
expenditures incurred by the Contractor personnel, personnel costs and/or all other
in undertaking the additional services. relevant costs necessary to provide the Services,
e. PotenOal Revenue i. Payment of Claims
The Contractor shall actively seek and take Upon receipt of a Suffolk County Payment
reasonable steps to secure all potential funding Voucher, the County, at its discretion, may pay
from grants end contracts with other agencies for the Contractor during the Tenn, in advance, en
programs funded by the County. amount not to exceed one sixth (I /6) of the
maximum amount to be paid 6y the County set
L Payments Contingent upon State/Federal forth on the first page of the Contract.
Funding
j. Paymeota Limited to Actual Net Expenditures
Payments under the Contras may be subject to
and wntmgent upon continued funding by State The Contracor agrees that if, for any reason
and/or Federal agencies. In the event payments whatsoever, the Contractor shall spend during the
are subject to such Cunding no payment shall be Term for the purposes set forth in the Contract an
made until the Contntctor submits documentation amount less than, or receive amounts more than,
in the manner and form as shall be required by provided in the Budget, the total cost of the
State and/or Federal agency. If late submission Contras shall be reduced to the ns amount of
of claims precludes the County from claiming asual Contractor expenditures made for such
Slate or Federal reimbursement, such late claims purposes. The total amount to be paid by the
by the Contractor shall not be paid by the County County shall not exceed the lesser of (i) asual
subjes to subparagraph g. below, if, for any ns expenditures or (ii) the total cost of the
reason, the full amount of such funding is not Contract on the cover page and in the Budget.
made available to the County, the Contras may Upon termination or expiration of the Contract, if
be terminated in whole or in part, or the amount the Coniracmr's total amount of allowable
payable to the Contractor may be reduced at the expenses is less than the total amount of the
discretion of the County, provided that any such payments made during the Terry the Contractor
termination or redusion shall not apply ro shall prepare a check payable to the Suffolk
allowable costs incumd by Ne Contractor prior County Treasurer for the difference between the
to such termination or reduction, and provided two amounts and submit such payment to the
that money has been appropriated for payment of County, along with the final Suffolk County
such vests. Payment Voucher.
g. Denial of Aid k Travel Costs
If a State or Federal govemmen[ agency is Reimbursement to [he Contrasor for travel costs
funding the Contract and fails to approve aid in shall not exceed amounts allowed ro County
reimbursement to the County for payments made employees.
hereunder by the County to the Contractor for
expenditures made during the Term because of I. Attendance at Conferences
any ac4 omission or negligence on the part of the
Contacor, then the County may deduct and All conferences that are partially oc fu{ly funded
withhold from any payment due to the Contractor by the County that the Contractor's staff wishes
an amount equal to the reimbursement denied by to attend must bepre-approved, in writing, by the
the state or federal government agency, and the County and must be in compliance with Suffolk
County's obligation to the Contrector shell be County Standard Operating Procedure A-07 and
reduced by any such amounts. In such an event, Executive Ords No. 14-2007.
if there should be a balance due to the County
after it has made s final payment to [he m. Salaries
Contracor under the Contract, on demand by the
County, the Contractor shall reimburse the The Connector shall not be eligible to receive
County for the amount of the balance due the any salary reimbursement until proof of deposit
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or payment of all withholding and payrol{ taxes
to the FederaVState governments has bcen
provided to the County.
a. Salary [ocrcases
No salary, wage, or other compensation for the
Services shall be increased over the amount
stated in the Budget without the prior written
approval of the County.
o. Contnetor Vacancies
The County shall have the right of prior approval
of the Contractor's filling of any vacant position
as of the date of execution of the Contract or as
may thereafter become vacant, and, in the
exercise of that right. The County may
promulgate reasonable regulations involving
filling of vacancies which shall be deemed to be
incoryoreted 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 Aights
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.
q. Comptroller's Rules and Regulations
The Contractor shall comply with the
"Comptroller's Rules and Regulations for
Consultant's Agreements" as promulgated by the
Departmerd of Audit end Control of Suffolk
County and any amendments [hereto during the
Tenn of the Contract. The "Comptroller's Rules
and Regulations for Consultant's Agreements"
may be viewed online at the County's website.
Go to "Government," then "Comptroller," then
"Consultant's Agreements."
Eod of Article V
27 of 28 pages
ARTICLE V
' )Law No. 13-YO- IFMS SCSEXE
Y02 Youth Bureau Implementing Agency Pseudo Code
Exhibits
Exhibit 1 Public Disclosure
Exhibit 2 Living Wage
Exhibit 3 Union Certification
Exhibit 4 Lawful Hiring
Exhibit 5 Certification Regarding Lobbying
Exhibit 6 Budget Modification Request
Exhibit 7 Budget/Services Revisions Approval
Exhibit 8 Standard Operating Procedure A-07 Amendment 1
and Executive Order 14-2007 or any successor order.
Exhibit 9 Statement of Other Contracts
28 of 28 pages
Cerglication Regarding Lobbying for Contract, Grant, Loans and Cooperatlw ~*'eemems
The undKSigned ate, to the best d his or her knowledge and bsNef, that:
1. No Stab a Fedsnri appropriated ltnds have been paid or wNl bs paid, by or on behalf of the
undsrafgrrsd, t0 any psnon for influenckg a atbmpdng to ir?Ausna Iegtiatfon or approp~~n
acdorrs psndkrg beforo bcal, Stale and Federal sxeoutivs andlor IsgNlatlvs bodbs kr connection
wkh the auardinp d any contract, the makfrg d any grant, the makkrg d any ban the enterkp Mto
d any ooopsralM aprosnrsrt, and the extension, conHnwtion, ronswal, anendrtMnt, or
rnodificaHon d any contact, grant, Ian, or ooopsrathre agroenrsnt
2. It any funds other than Stale or Federal appropriabd funds have been paid or will bs paid to any
person for kdlusrxing or atlsmptirp to iMluence Npbbtlon or appropriation araioru pending beforo
local, Stab and Federal sxecutiw andla Npbleti~e bodks in conneGion with tht contract, grant,
loan or oooperotiw agrssmert, the underoignsd shah canpleb and wbnk Standard Form LLL,
'Dtclostxs Form to Report Lobbying', in acoordanoe wNh ib instrudbrrs.
3. The undenignsd shall roquiro that the Isrgwge d thb artifiadon be inckidsd in the award
document to ap subasrards ~ aq tiers (Mduding wbcontratis, subparts, and eontracb urrdsr
grarfi, barn, and cooperative agreerrrsnb) and ttnt all wbrocipisnts shaA oerlMy and disclae
accordingy.
This certification is a material representation d fact upon whbh roliancs was placed when this transaction
wu made or entered into. Submission d tht ce?tification t a pronequbib for making a srrtering Into ihb
transactbn imposed by Seraion 1352, Tills 31, U.S. Code. Failuro to fib the requirod osrtificatfon shag be
subject b dull psrrNty by the Fedsrol government d not bas than 570,000 and not n?oro than 6100,000 for
each such failuro.
Provider.
I?greennM Number.
Sipnc
Narrre:
Title:
Date:
P.s. t or t
Page~_of_...
COUNTY Of EU~OLK
ONCE OF E000ET
CONTRACT EIlOOlT MOWFlCATION RlQUEST
The prtfpem budEet conpitkd in the Apeement of
between the tbUNTY OF wFratc end ,
is hereby emended as topows:
uNE NO. oESCRIP'f10N (as changed) S S AFTHI SINGE
(HEADING) Slaw whether County tx Agenq BEFORE * ar -
NET 0.00
o1AN6ES
Except es set forth above, this budget modKladon shell not be deemed to chmR emr conditbns or PrwlNon in the seld
Agreement.
er•
Name: Neme:
Tide: Tlde:
bete: per;
Agenry: may;
FOR THE ODUNTY OF SUFFOLK
APPROVED BY:
DATE:
NOTE: This form is not to be used to affect any net htttease in the budget.
1)tls: ON'eJ Namlet AX/
Aaaar?d~wt 1
STANDARD
OPERATING A
PROCEDURE
otrnc>< o><z>$ touNrtr txRCtnTVS 117ZVL Iavx
tateFa.tt courrrv F.xerurtvta
THIS SOP SUPERSEDES THS SHEETS IN THE SOP
MANUAL THAT IS IDENTIFIED AS "SOP A-07"
DATED 4flNT. HOLDERS OF IT4E SOP MANUAL
SHOULD REMOVE AND DISCARD THE CITED
SHEETS AND REPLACE THEM WITH 71i1S
DOCl1h4F21T.
1. j71~ 7'hk SOP deWh how employee Carr otKahr approval far aonterenae
atterrdmroe, travel out of Sufblk County durhrg warty time Rx aou6amoo: or
seminars, and `overnmerd reined meetkrp with am ovemighl stay.
2. Thk SOP applies to all County Employca in all wwxy depntnrerns,
otAecs, err agerrcies.
3. Nataro ad Chaswaa: Thh proceduro amends the prevkus version dated 3/24/114. The
new prooeduro will roquiee the booking of hotel acoomnadatkm, remul sus,
airpkme travel. and AMTRAK be 6amdkd through a deal~Wed travel agemcy.
(I) A h dented as a hrge soup of people tuaambimg loged:er to
diteam a wide range of topics. The Armuai Ncw York State Assochtion of
Coumtks Conferea~ h as example of a conference.
(2) A )yj~g b detkxd as a one day. teguhrly schedubd a inrpromppr,
pgierinS of people far a apxi& papoae. A meeting of the LeSisktive
SuDoammitroe of the New York SWe Aasacinion of Counties h to mmmpk
of a meeting.
(3) A ,~jpQ is delnxd as a group of people aaanblirrg for education a
wkki slued to performance of a ax's Job ducks as a oamty empkryee.
p. Coatkreaea
i) No more than two (2) persons from a department will be permitted m attend a
comtbrencx, meeting, or seminar. Certain excxptions will be granted if a
conference, meeting or seminar has programs with c~ilicting hours, if it requires
more than one person to attend. or if special circumstances warrant anon
attendas (e.g., mandated training).
2) No reimbursement will be made for an overnight stay in New York Clty, Nassau
~ Suffolk County. Employees will be requinxi to commute to rantreraraees,
meetings, and seminars in these locations. Reimbursement 16r meals shall be
limited to those instancxs in which it is roquirtid by binding legal obligation,
3) An application for oanferenee attardanca, and travel, Fxecutive Form 10. rrtust be
submtted so that it areives at the County Executive's Budget OfBoe at least two
weeks prior to the conference date. If an emergency need to attend a coafct+once
arises. the form should be faxed to the Deputy County Executive for Finance and
Management !or approval. Any applications submitted less than two (2) weeks
prior to the conferonae date shall 6e automatically denied, unless a documented
mnergatcy caused by an unforeseen event beyond the control of the applicant has
caused the delay in Sling the applicatim.
In no circumstances should an emph~yee attend a conference before the
conference form has been approved. There will be no roimbutaemont for
corsfetnnce attendance forms submitted alter ,the date of the coafec'enco for
Individuals who attended conflarences prior to receiving an approved Conference
Attendance Form and a personal day or vacation day will have to be charged by
such employee m the absence of such approval,
4) All travel needing hotel accommodations, airline travel, car moral, and AMT7tAK
shall be arranged through a designated travel agency.
S) Supporting information such as brochures, .program descriptions, itineraries.
documentation, fees, rationale, application, etc., must be submitted vvith
Executive Form ik 10.
6) The Rules and Regulations governing travel orders end accounts, promulgated by
the county Department of Audit and Control, must be followed in preparing
Executivc Form X110.
The box indicating '°Total Cost of this Confleronce" and the section at the bottom
indicating "Travel Cost" and "Total Cost" should be filled in on all copies.
Ail applications ibr conference attcndanoc will be returned to the respective department,
office or agency if any of the above procedures have not been adhered to.
Sut>folk County, New York
Drp'arta,ant of Labor
SUFFOLK COUNTY DEPARTI4LFIVT OF LABOR - LABOR AiEDIATION UNIT
LRtfON ORGANIZIIVG CERTD?'ICATION/DECI_lRATION SUBJECT TO AUDIT
If the following defmition of "County Contactor" (Union Organizing Law Chapter 466-2) applies to the
contnMor's/beneficlary'a bnahsess or transaction with SatfoBr County, the contnctorNenetkiary mast complete Sections I,
III, sad 1V below. If the following definitions do sot apply, the contractor/beaeflciary mast compkk Sections II, III and IV
below. Completed torou moat be wbmitfed to the awarding sgescy.
County Contractor: "Any employer that receives more than 550,000 in County fends for supplying goods or services pursuant to a
written contract with the County of Suffolk or eoy of its agencies; purauaut to a Suffolk County grant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for savicas provided in any calendar year; or pursuant to a subwnhact with
ofthe above."
Sectka I
? The Union Organizing Law applies tp this contract. I/we hereby agree to wmply with all the provisions of Suffolk
County Local Law No. 26-2003, the Suffolk Couray Union Organizing Law (the law) and, as to the goods and/or
servirxa that era the subject of the contract with the County of Suffolk shall not use County funds to assist, promote,
Check if or deter union organizing (Chapter 466-3 A), nor seek roimbursement from the Coumy for costs incurred to assist,
Applicable promote, or deter union organizing. (Cbapter 166-3 B)
Uwe feather agree to take all action necessary to ensure that County funds ere not used to assist, Promote, or deter
anion organizing. (Chapter 466-3 I~
Uwe further agree that Uwe will not use County property to hold meetings to assist, promote, or
deter union organizing. (Chapter 466-3E)
Uwe fiathm agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made,
Uwe shall maintain records sufficient to show that no County funds were used for those expeadittu~es and, en
applicable, that no reimbursement from County funds has been sought for such costs. Uwe agree that such rewrda
shall be made avsihrble to the pertinent County agency or authority, the Courriy Comptroller, or the County
Deportment of Law upon request. (Chapter 466-3 I)
Uwe further affirm to the following as to the goods and/or services that era the subject of the contract with the
County of Suffolk:
• Uwe will not express to employees any false or misleading information that is intended to influence the
determination of employee preferences regarding union representation;
• Uwe will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
• Uwe will not require an employee, individually or in a group, to attend a meeting or an evert that is intended W
influence his or her decision in selecting or not selecting a bargaining representative;
• Uwe understand my/our obligation to limit disruptions caused by prerecogoition labor disputes through the
adoption of nonconfiontational procedures for the resolution of prerecognition laboc disputes with ennployees
engaged in the production of goods or the rendering of services for the County; and
• Uwe have or will adopt any or all of the above-referenced procedures, or tlrerr functional equivalent, to ensure
the efficient, timely, and quality provision of goods and services to the County. Uwe shall include a list of said
procedLM.s in such certification.
Section II
The Union Organizing Law does not apply to this contract for the following reason(s);
O~aaYlt Za`f't~c~ti/ r s GL 4l ~ nor fi/Ira~
Check if ~
Applicable
DOL-LOI (3/5(08)
/ 3uti'94 County, New York
??spel W^.ent of Lsbor _
Sec;bn III n
Contractor Name: ~ ~ p -r SCE f~17~ ~ ~ Federal Employer ID#: / / - l„ nn
Contractor Address: .
r~CZ, 1 ~ ~ ~ Amount of Assistance: ~ ~ Z 7
Contractor Phone#: - J SR".`~ / ` ~ ~
Descriptionofprojectorservice: ' / /~t,~1~7 ~,nL~1-rrfKj~jY ~'~~3 ~O G~ T'~fr7
u~tQ.c(u ,S~r-v ~ c-e,S
Section IV
In the event any part of the Union Organiring Law, Chapter 466 of the Laws of Sutiolk County, is found by a court of competent
jurisdiction to be preempted by federal and/or state law, this certiScation/declaration shall be void a6 initio.
Section V
I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this
certification, an the abov true and correct.
t~ k ~4 ~i3
Authorized ignature Date
-5 r.T a s-'
Print Name and Title of Authorized Representativ
DOL-LOI (3/5/08)
STATEMENT OF OTHER CONTRACTS
CONTRACTOR NAME ~ S i h 1 ° t ?D ~G H J~ J~ ~ R ~l L ~
ADDRES5 o . ~j o ~ I I Z 5 .f u~,1~ ~ t ~ , N ~Y Jl ~ ~ ~
CONTACT ~ l~ ~ ~ t i P ~ ~ t 7i PHONE NUMBER b ~ ~ G ~ - ~ ~ o
1'ROGBAM A l',ONTRAC'I' TERM OF AGREEMENT AMOUNT
`
_ .
I
1. Iadkah (a) type of ue=aatratioa - Coaaty, State, Federal or Otter aad (b) ogee of Departmeat, Adeaty or Qrpaiatbo.