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HomeMy WebLinkAboutWork Experience Programs ~ RESOLUTION 2013-263 ADOPTED DOC ID: 8656 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2013-263 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 Worksite Memorandum of Understanding between the Town of Southold and the Suffolk County Department of Labor, Licensing & Consumer Affairs in connection with the Work Experience Programs of the Suffolk Works Employment Program and the Youth Program funded by the Workforce Investment Act for eligible Suffolk County residents, for a term commencing on July 1, 2013 through June 30, 2017, subject to the approval of the Town Attorney. ~Q Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell ,acoao• CERTIFICATE OF LIABILITY INSURANCE DATE /NMIDMWYI oln3no13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCE AND THE CERTIFICATE HOLDER. IMPORTANT: N tM urt8kab holder Is an ADDRIONAL WSUREO, tM poliry(bs) mwt be endorsed. N SUBROGATION IB WANED, eubJett to the terms elNl wnditlone of the polky, cartaln polkNe mry rsqulrs an antloraemsnt. A arsbmeM on thb csltWUb does rlol confer rights tome eenMlute holder in Ibu of such entlorsemengaJ. PROWOER Plana; (S31)2ab6]00 Fay: (831)29B3s50 coNrACr Barbara Dammare ROY H REEVE AGENCY, INC. RwNE E"" (831)2983850 PO BOX 54 - 631 2884700 A/L No. MATTITUCK NY 11952 ~ L bdammers~royreeve.eom WSURER(S) AFFORDING COVERAGE NAN:e INSURER n : US Specially Ina. Co. INSURED TOWN OF SOUTHOLD INSURERe US SJNNaalty Ins. Co. CIO SOUTHOLD TOWN HALL INSURERC US S ecla Ins. Co. P.O. BOX 1179 wsuRER a. SOUTHOLD NY 11971 INSURERE INSURERE COVERAGES CERTIFICATE NUMBER: 46765 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, AN N I UCH I E R H BY PAID INax TYPEa WSURANCE nDDt auaR raucY eRi Poucrm LNAITS I POLICY NUMBER A aFNERAL LueanY CPKG80420109 01101/13 01!01/14 EACH OCCURRENCE f 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMSFS IDFe~F,RN) f 1,000,000 CWMSlMDE OCCUR MED. EXP (Arty one person) E 10,000 X 550,000. Deauctlbb PERSONALd ADV INJURY f 1,000,000 X Public Orfidele Liadrry GENERAL AGGREGATE f 5,000,000 GENT AGGREGATE UMR APPLIES PER: PRODUCTS-COMP/OP AGG f S,000,OOO POLICV PRO LOC Pub Ofitlab Dab f 1,000,000 C AuTaaoMIE uAMUTr CPKG80420109 01101113 01/01!14 00Maxm 91NOLE LIMrt (E. FO:NMt 5 1.000,000 X ANY AUTO BODILY INJURY (Per person) f ALL OWNED SCHEDULED AUTOS 705 BODILY INJURY (Per acdtlelN) 5 HIRED AUTOS UTOS~ED PROPERTY DALNGE 5 f B uawFLLA Iue X OCCUR CPKG80420109 01/01/13 01101114 EACH GCCURRENCE f 10,000,000 EXCER LNe CWMS-MADE AGGREGATE f 10,000,000 DEO X RETENTNDN$ 1g~gpg f YIORNMM COMPENFATpN S ATLL DTH Y!D FYPLOYFRa' MAeI{1TY Tg1Y LIMITa FA f AMY PRORRMTORTARTM[RRXECDTNE YIN EL. EACH ACCIDENT 5 OFFN:FMMYeeR EIlCLUDEDi ~ NlA IemrMe,r M NNI E.L. DISEASEFJI EMPLOYEE f n Ia., eFww u,aN DESCRIPTI011 of OPEMTIONS blow E.L. OISEASEJ>OI.ICV LIMIT f DESCRIPTION OF OPERATIONS I LOCATIONS I VENICLE81Adaeh ACORO 101, AdRtloNNI Remed,s aDMdub, H nlan epeDe b npWM) CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILRY ONLY AS PER WRITTEN CONTRACTOR AGREEMENT. RE :SUFFOLK WORKS EMPLOYMENT PROGRAM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Stdfolk County Department of Labor THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNEREO IN Lltxnsing 8 Consumer ARairs ACCORDANCE WI7N THE POLICY PROVISIONS. Attn : Worksite Development UnH AuTNaII]EO RERRESENTATNE ^ PHH~.O Box 8700 err fork ~I 1 ~Bg /Y.//J~- Atteu~onge' N FAX :837.853.2418 t Barbara J. Dammers ACORD 25 (2010/05) ®1988.2010 ACORD CORPORATION. All rlghls reserved. The ACORD name and logo are registered marks of ACORD Rev. 11/30/12; Law No. 17-LB-159 ORIGINAL IFMSNo. Worksite MOU - WIA and/or SWEP Worksite Memorandum of Understanding (MOU) This Memorandum of Understanding ("MOU") is between the County of Suffolk ("County"), a municipal corporation of the State of New York, acting through its duly constituted Department of Labor, Licensing & Consumer Affairs ("Department"), located at Building 17, North County Complex, 725 Veterans Memorial Highway, Hauppauge, New York 11788; and Town of Southold ("Contractor"), having its principal place of business at 53095 Route 25 / P.O. Box 1179, Southold, NY 11971. The parties hereto desire to make available for eligible Suffolk County residents an employment and training program that includes work experience under the Workforce Investment Act, the Suffolk Works Employment Program, and/or other pertinent programs administered by the Department, and to establish the conditions, limitations and work rules to be observed by the Contractor and the Department under this MOU. This MOU is being entered into in accordance with Suffolk County Local Law No. 15-1993, as further described in paragraph 2 of Article I. Term of MOU: July 1, 2013 through June 30, 2017, unless sooner terminated as provided for herein. Total Cost of MOU: No payments to Contractor. Terms and Conditions: Shall be set forth in Articles I through V and Exhibits 1 through 8 attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed this Contract as of the latest date written below. Town of Sout ~k COUN OF SUFFOLK By: Name: cottARussell Bye Title: Supervisor Name: ennis M. Cohen Fed. Tax ID # 11-6001939 Title: Chief Deputy Colmty Executive Date y(I y ~L3 5 - ~ ~ - ( 3 SCOt U35¢II, hereby certifies Date: (Pont Name) under penalties of perjury that I am an officer of Town of Southold, that 1 have read and 1 am familiar with §AS-7 of Article V of [he Suffolk ty Code, and that Town of Southold Approved: Department of Labor, Licensing & mccls' all requirement uglify for exen f t thereunder Consumer Affairs Name Si oat re) Date 5/~Sl~/3 By: Samuel Chu Approved as to Le ~al'i,ty: Commissioner • ~n 1 s m I~~~-'-r- C County A/ ttorne~y Date: 2 ame: Jessica H. Hogan Tftle: A Stan County Attorney ate _3 ~j~~! 3 1 of 36 pages II II II IIII III II ~I II II 0020197 Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP Article I Description of Services 1. Services 2. Work Experience 3. Trainees 4. Interview and Notification of Hire 5. Reports, Attendance Records, and Evaluations 6. Work Experience Credit 7. Working Conditions 8. Reporting of Injuries 9. Termination of Trainees 10. Responsibility for Wrongful Termination 11. Contractor Assurances and Certification 12. Maintenance of Effort 13. Union Concurrence 14. Compliance with Worksite Manual 15. Self-Monitoring 16. Laws, Rules and Regulations 17. Fraud, Abuse, and Other Criminal Activity 18. Screening of Personnel 19. Political Activities 20. Sectarian Activities 21. Certifications 22. State Liability 23. Conflicts of Interest/Nepotism 24. Nondiscrimination & Equal Opportunity Assurance 25. Buy American Notice Requirement 26. Priority of Service For Veterans Article II DeSnitions 1. Meanings of Terms 2. Elements of Interpretation Article III General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations b. Qualifications, Licenses, and Professional Standards c. Notifications d. Documentation of Professional Standards e. Credentialing £ Engineering Certificate 2 of 36 pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP 2. Termination a. Thirty Days Termination b. Event of Default: Termination on Notice a Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger; No Oral Changes 8. Set-Off Rights 9. Non-Discrimination in Services 10. Nonsectarian Declaration 11. Governing Law 12. No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor 18. No Intended Third Party Beneficiaries 19. Certification as to Relationships 20. Publications and Publicity 21. Copyrights and Patents a. Copyrights b. Patents 22. Arreazs to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24. Notice Article N Suffolk County Legislative Requirements 1. Contractor's/Vendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 3 of 36 pages Rev. 11/30112; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP 12. Suffolk County Local Laws Website Address Article V General Fiscal Terms and Conditions 1. General Payment Terms a. Presentation of Suffolk County Payment Voucher b. Voucher Documentation c. Payment by County d. Budget Modification e. Budget and/or Services Revisions f Taxes g. Final Voucher 2. Subject to Appropriation of Funds 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures 4. Accounting Procedures 5. Audit of Financial Statements 6. Financial Statements and Audit Requirements 7. Furniture, Fixtures, Equipment, Materials, Supplies a. Purchases, Rentals or Leases Requiring Prior Approval b. Purchase Practices/Proprietary Interest of County c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Property in Contractor's Custody f Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non-County Funded Activities e. Potential Revenue £ Payments Contingent upon State/Federal Funding g. Denial of Aid h. Budget i. Payment of Claims j. Payments Limited to Actual Net Expenditures k. Travel Costs L Attendance at Conferences m. Salaries n. Salary Increases o. Contractor Vacancies p. No Limitation on Rights q. Comptroller's Rules and Regulations 4 of 36 pages Rev. 11130/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP Exhibits Exhibit 1 Public Disclosure Exhibit 2 Living Wage Exhibit 3 Union Certification Exhibit 4 Lawful Hiring Exhibit 5 Certification Regarding Lobbying Exhibit 6 Standard Operating Procedure A-07 Amendment land Executive Order 14-07 or any successor order Exhibit 7 Comptroller's Rules and Regulations for Consultant's Agreements Exhibit 8 Certification Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-Free Workplace Requirements 5 of 36 pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU -WIA and/or SWEP Article I Description of Services Whereas, the Department is responsible for carrying out programs pursuant to the federal Workforce Investment Act of 1998 ("WIA"), including programs related to the job training; and Whereas, the goals of the WIA are, among other things, to assist job seekers in obtaining the services and skills they need to improve their employment opportunities through qualified training programs and placement at worksites; and Whereas, the Department is also responsible for carrying out programs pursuant the Personal Responsibility Work Opportunity Reconciliation Act of 1996, which was enacted as part of a national effort to end the federal guarantee of cash assistance for welfare recipients: and Whereas, New York State also has authority to administer their own public assistance programs and provide funds under block grants for Temporary Assistance to Needy Families (`'TANF"); and Whereas, pursuant to these state and federal laws and the Suffolk Works Employment Program ("SWEP"), in order maintain certain social service and public assistance benefits, individuals must engage work experience, through which they work at designated worksite and gain job skills in exchange for continuance of benefits ("Work Experience" or "Work Experience Program"). Whereas, the Department administers the WIA and SWEP Work Experience Program for Suffolk County; and Whereas, the Contractor is willing to serve as a worksite where Trainees, as that term is defined herein, may obtain Work Experience. Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: I. Services a. The Contractor shall provide Work Experience at the Contractor's worksites (the "Services") to Trainees as defined herein. Work Experience, shall include, but not necessarily be limited to, providing work experience to Trainees and providing on-the-job training in regard to what is expected from Trainees in relation to job and professional work skills. b. The Contractor specifically represents and warrants that it has and shall possess, and that, to the extent applicable, its employees, agents and subcontractors have and shall possess, the required education, knowledge, experience and character necessary to qualify them individually for the particular duties they perform and that the Contractor has and shall have, and, to the extent applicable, its employees, agents and subcontractors have and shall have, all required authorization(s), certificates(s), certifications(s), registration(s), license(s), permit(s) or other approval(s) required by the State, County or other authorities for the Services provided. 6 of 36 pages Rev. 11/30112; Law No. 17-LB-159 IFMS No. Worksite MOU -WIA and/or SWEP 2. Work Experience Participation This MOU is being entered into in accordance with Suffolk County Local Law No.15-1993. The Contractor, in one or more other agreements it has executed with the County, has agreed to enter into this MOU. Such other agreement(s) contain the following terms and conditions: If the Contractor is a nonprofit or governmental agency or institution, each of the Contractor's locations in Suffolk County at which services are provided under this MOU shall be a work site for public-assistance clients of Suffolk County pursuant to Local Law No.15-1993 at all times during the term of this MOU. If no MOU with the Suffolk County Department of Labor for work experience is in effect at the beginning of the term of this MOU, the Contractor, if it is a nonprofit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of this MOU and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with this MOU, for which the County may withhold payment, terminate this MOU or exercise such other remedies as may be appropriate in the circumstances. 3. Trainees For the purpose of this MOU, a Trainee shall be defined as a participant, as designated by the Department, in the Work Experience Program under WIA and/or SWEP. 4. Interview and Notification of Hire a. The Department shall refer Trainee(s) to the Contractor for an interview. b. If the Contractor determines to hire a Trainee(s), the Contractor shall notify the Department in such time and manner as may be required or directed by Department, but in no event shall such notification occur later than five (5) business days after the Contractor's determination to hire. 5. Reports, Attendance Records, and Evaluations a. The Contractor shall provide both written and oral reports, as may be requested by the Department, regarding the Services. The Contractor shall prepare reports in such form(s) and deliver them at such time(s) as directed by the Department. All reports shall be made available to the Department in electronic format. b. The Department may, at its sole discretion, require the Contractor to submit documentation, in such form and type as the Department directs, relating to the Services, including, but not limited to, documents related to Trainee attendance at the Work Experience Program (e.g., attendance sheets) and evaluation ofTrainee's progress and/or performance in the Work Experience Program. 7 of 36 pages Rev. 11130/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP 6. Work Experience Credit a. Trainees under TANF and other Social Service Programs Trainees that participate in the Work Experience Program pursuant to TANF and/or other Social Service programs and who aze incompliance with all federal and state regulations, as determined and documented by the Department, shall be credited for work performed. b. Trainees under the WIA Youth Program. The wages of Trainees that participate in the Work Experience Program pursuant to the WIA Youth Program and who are in compliance with all federal and state regulations, as determined and documented by the Department, shall be subsidized by the Depaztment through WIA grant. c. Payroll Procedures/Fringe Benefits Any WIA Trainees that may be entitled to wages under the applicable federal/state program shall be paid by the Depaztment through the Suffolk County biweekly payroll system. Public Assistance recipients obtaining work experience will be credited for work performed at the minimum wage. The Contractor shall maintain individual records of time worked by Trainees on time sheets approved by the Department. Time records shall be maintained on a daily basis and shall document actual hours worked. Proper maintenance of time cards shall be the responsibility of the Contractor. The Contractor shall ensure that records are properly completed and validated, by signature of the Trainee and the worksite supervisor, within collection procedures and time frames established by the Department for processing of input documents through the payroll system and/or the Department of Social Services database. Trainees in wage paying programs shall be paid no less than the Federal or State minimum wage, whichever is greater. Trainees shall work in those occupational titles identified by the Contractor and approved by the Department. Fringe benefits provided by the Department shall include, as appropriate and applicable, FICA, Workers' Compensation, General Liability, Unemployment Insurance and other such benefits as are determined by the Department to be in accordance with local law and relevant Federal and State regulations. 7. Working Conditions Health and safety standards established under State and Federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of Trainee(s). Where Trainees are engaged in activities not covered under the O.S.H.A. of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the Trainee's health or safety. 8 of 36 pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP 8. Reporting of Injuries In the event that a Trainee is injured and the injury either causes the Trainee to lose time at work or to obtain medical attention, the Contractor must immediately notify the Department of the injury by phone. Within one working day, the Contractor must provide to the Department a written report of the injury on letterhead paper and containing information as to: a. Name of the Trainee. b. When, where, how and why the injury occurred. c. Nature of the injury. d. Witnesses to the injury. e. Whether the Trainee was sent home, to a hospital or to a physician. f. If medical treatment was given, the name and address of the physician. g. The name, title and phone number of the person who prepared the report. If the immediate supervision of the Trainee is provided by the Department, the above-mentioned items shall be the responsibility of the Department's on-site supervisor. 9. Termination of Trainees Trainees may be terminated by the Contractor For reasonable cause at any time during the term of this MOU following verbal approval by the Department. When appropriate, prior to termination which is deemed necessary by the Contractor, Trainees shall be granted reasonable opportunity for correction of attitudes or improvement of performance. Following termination of a Trainee, a full bill of particulars should be submitted to the Department at the above-stated address within two (2) weeks of the termination date. 10. Responsibility for Wrongful Termination In the event that it is determined that the Contractor terminated or suspended a Trainee without just cause, and/or in violation of any federal, state, or local laws, then the Contractor, at its sole cost and expense shall make payment to the Trainee of any award to which the Trainee may be entitled under applicable laws and/or program requirements. 11. Contractor Assurances and Certification The Contractor certifies: 9 of 36 pages Rev. 11130/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP a. That sufficient staff and administrative capability is available to operate the activities of the applicable employment and training programs. b. That only time actually worked by a Trainee shall be certified on his/her time sheet, and that a current time sheet shall be maintained for each Trainee. c. That there is sufficient, meaningful work to occupy alt the Trainees assigned during the hours they are at the site. d. That worksite supervisors shall attend training sessions, provided by the Department, as appropriate. e. That Trainees are adequately protected against hazards or activities which may adversely affect their health or safety. f. That any special clothing, specific tools or equipment which maybe required for the Trainees to perform the work assigned shall be provided by the Contractor. 12. Maintenance of Effort The Contractor shall ensure that: a. No Trainees shall be used to replace or perform any work ordinarily and actually performed by regular employees (including partial displacement such as a reduction in the hours ofnon-overtime work, wages or employment benefits), or to replace or to perform any work which would ordinarily be performed by crafr or trade unions in private employment. b. No program shall impair existing contracts for services or collective bargaining agreements. c. No Trainee shall be employed or job opening filled (1) when any individual is on layoff from the same or a substantially equivalent job, or (2) when the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the vacancy so created by hiring a Trainee. d. No jobs shall be created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals. e. Work performed by Trainees under this Memorandum of Understanding shall only be in addition to work which would otherwise be provided by the Contractor without assistance under the applicable program. f. The work experience assignment shall not result in the filling of any established unfilled position vacancy by a Trainee. 13. Union Concurrence When an activity authorized by the Department would be inconsistent with a collective bargaining agreement, written union concurrence must be obtained before placement of the Trainee(s) in the 10 of 36 pages Rev. 11/30112; Law No. 17-LB-159 IFMS No. Worksite MOU -WIA and/or SWEP Contractor's organization. 14. Compliance with the Worksite Manual The Contractor shall comply with the requirements of the applicable Worksite Manual. The Contractor hereby certifies and acknowledges having had the opportunity to review the manual and understands the applicable requirements, as well as the terms therein specified, and agrees to adhere to and comply with them. 15. Self-Monitoring The Contractor shall establish procedures to ensure compliance with WIA, and all other applicable laws, regulations, and with the provisions of this MOU. Such procedures shall be subject to the review and approval of the Department. 16. Laws, Rules and Regulations The Contractor shall comply with all applicable federal, state and local laws, rules, and regulations which deal with or relate to the employment of persons who perform work or aze trained under this MOU, including, but not limited to, the Workforce Investment Act (WIA) of 1998, subsequent amendments, and the regulations and policies thereunder, the provisions of the various public assistance employment programs, the provisions of the Fair Labor Standards Act, the Equal Opportunity Clauses of the Civil Rights Act of 1964 and any subsequent amendments, and the health and safety standards established under State and Federal law and applicable to the working conditions of Trainees. 17. Fraud, Abuse and Other Criminal Activity For programs funded under the WIA, all information and complaints involving fraud, abuse, other criminal activity, or violations of law, shall be reported directly and immediately to the: Office of the Inspector General United States Department of Labor Room 5-5506 200 Constitution Avenue, N.W. Washington, D.C. 20210 18. Screening of Personnel If (i) the Contractor performs or provides day care services (whether or not it has a contract with the Suffolk County Department of Social Services) and (ii) the activities of the Trainees under this MOU may be anticipated to bring them into contact with children receiving day care services, the Contractor shall comply with the requirements of Local Law No. 1-1985, as amended (Suffolk County Code Chapter 256) as now in effect or as amended hereafter or of any other Suffolk County Local Law that may become applicable during the term ofthis MOU with regazd to the screening of personnel in connection with day care services. 19. Political Activities 11 of 36 pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP It is agreed that the work performed under this Memorandum of Understanding shall in no way or to any extent be used in the conduct of political, partisan or election campaign activities, nor shall any Trainee be selected, rejected, promoted or discriminated against in any way based on political belief or affiliation. 20. Sectarian Activities The Contractor agrees that Trainees shall not be utilized on the construction, operation or maintenance of any portion of any facility as is used or to be used for sectarian instruction or as a place of religious worship. Additionally, no Trainees shall be placed in any capacity to free any other person for the performance of such duties or activities. 21. Certifications Together with this MOU and as a condition precedent to its execution by the County, the Contractor shall have executed and delivered to the Department the Certification Regarding Lobbying, Debarment, Suspension, and Other Responsibility Matters, and the Drug-Free Workplace Requirements, attached to this MOU as Exhibit 8. The Contractor shall promptly advise the County of any material change in Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions, as required by Federal Department of Labor Regulations. The Contractor shall promptly advise the County of any material change in any of the information reported on such Certification(s) and shall otherwise comply with, and shall assist the County in complying with, said Regulations as now in effect or as amended during the Term of the MOU. 22. State Liability Unless the Contractor is a department or agency of the State of New York, the State of New York is not a party to this MOU and has no legal liability thereunder, either under the terms and conditions stipulated herein, or with regard to any such liability, legal actions, or disputes as may arise under this Memorandum between the Department and the Contractor. 23. Conflict of Interest/Nepotism No individual may be placed in a WIA, TANF, S WEP, or other program employment activity, including, but not limited to, the Work Experience Program, if a member of that person's immediate family is directly supervised by or directly supervises that individual. Immediate family shall include wife, husband, daughter, son, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, and stepchild. To avoid conflict of interest, the Contractor agrees that no Trainee will be hired under this MOU who is a member of the immediate family of any person employed in an administrative or supervisory capacity by the Contractor. 24. Nondiscrimination & Equal Opportunity Assurance As a condition to the award of financial assistance from the Department of Labor under Title I of WIA, the Contractor assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: 12 of 36 pages Rev. 11/30112; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA andlor SWEP (1) Section 188 of the Workforce Investment Act of 1998 (WIA) which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I -financially assisted program or activity; (2) Title VI of the Civil Rights Act of 1964, as amended which prohibits discrimination on the basis of race, color, and national origin; (3) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; (4) The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and (5) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIA Title I -financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIA Title I-financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance. 25. Buy American Notice Requirement The Contractor assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under the WIA will be American made. 26. Priority of Service for Veterans Eligible veterans and their eligible spouses will receive priority over other eligible populations to any program or service for workforce prepazation, development, or delivery that is directly funded, in whole or in part, by the United States Department of Labor. Federal grants for qualified job training programs funded, in whole or in part, by the U.S. Department of Labor are subject to the provisions of the "Jobs for Veterans Act" (JVA), Public Law 107-288 (38 USC 4215). The JVA provides priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services. Please note that to obtain priority service, a person must meet the program's eligibility requirements. Training and Employment Guidance Letter (TEGL) No. 5-03 (September 16, 2003) and Section 20 of the Code of Federal Regulations (CFR) Part 1010 (effective January 19, 2009) provide general guidance on the scope of the veterans priority statute and its effect on current employment and training programs. Where applicable, the Contractor agrees to comply with the Veteran's Priority Provisions. End of Article I 13 of 36 pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP Article II Definitions a. the Contractor's failure to perform any duty required of it under paragraphs 1(b)- 1. Meanings of Terms (e) of Article III of the Contract; or As used herein: b. the Contractor's failure to maintain the amount and types of insurance with an "Audit of Financial Statements" means the examination authorized insurer as required by the by the Comptroller and any Federal or State auditing Contract; or authority of the financial statements of the Contractor resulting in the publication of an independent opinion on c. the Contractor's failure to maintain whether or not those financial statements are relevant, insurance required by the Contract with an accurate, complete, and fairly presented. insurer that has designated the New York Superintendent of Insurance as its lawful "Budget" means the Contractor's summary or plan of all agent for service of process; or intended revenue, whether received in the form of fees, grants, County funding, or any other source, and d. the Contractor's failure to comply with expenditures necessary to render the Services. any Federal, State or local law, rule, or regulation, and County policies or "Budget Deficiency Plan" means an analysis ofthe cost of directives; or the Services, changes in fiscal conditions, and required modifications to the Contract to continue to render the e. the Contractor's bankruptcy or insolvency; Services. or "Comptroller" means the Comptroller of the County of f. the Contractor's failure to cooperate in an Suffolk. Audit of Financial Statements; or "Contract" means all terms and conditions of this g. the Contractor's falsification of records or Contract, forming all rights and obligations of the reports, misuse of funds, or malfeasance Contractor and the County. or nonfeasance in financial record keeping arising out of, or in connection with, any "Contractor" means the signatory corporation, its officers, contract with the County; or officials, employees, agents, servants, sub-contractors, and any successor or assign ofany one or more ofthe foregoing h. the Contractor's failure to submit, or performing the Services. failure to timely submit, documentation to obtain Federal or State funds; or "County" means the County of Suffolk, its departments, and agencies. i. the inability of the County or the Contractor to obtain Federal or State funds "County Attorney" means the County Attorney of the due to any act or omission of the County of Suffolk. Contractor; or "Department" means the signatory department approving j. any condition that the County determines, the Contract. in its sole discretion, is dangerous. "Engineering Services" means the definition of the "Federal" means the United States government, its practice of engineering and the definition of practice of departments, and agencies. land surveying, as the case may be, under Section 7201 and Section 7203 of the State Education Law, respectively. "Fringe Benefits" means non-wage benefits which accompany, or are in addition to, a person's salary, such as "Event of Default" means paid insurance, sick leave, profit-sharing plans, paid 14 of 36 pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP holidays, and vacations. Capitalized terms used, but not otherwise defined, herein, shall have the meanings assigned to them in the Contract. "Fund Source" means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "Legislature" means the Legislature of the County of Suffolk. End of Text for Article II "Management Letter" means a letter certified as true by the Contractor's certified public accountant or chief financial officer of findings and recommendations for improvements in internal fiscal control that were identified during an Audit of Financial Statements, but which were not required to be included in an audit report. "Municipal Corporation" means a town, village, or THIS SPACE LEFT INTENTIONALLY BLANK school district. "Services" means all that which the Contractor must do, and any part thereof arising out of, or in connection with, the Contract as described in Article I "Description of Services." "State" means the State of New York. "Statement of Other Contracts" means a complete list of all other contracts under which money has been or will be paid to the Contractor from the County, Federal, or State governments, or a Municipal Corporation, and (i) which are currently in effector (ii) which have expired within the past twelve (12) months and have not been renewed. "Suffolk County Payment Voucher" means the document authorized and required by the Comptroller for release of payment. "Term" means the time period set forth on page one of the Contract and, if exercised by the County, the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations, and other legal entities, including public bodies, as well as natural persons, and shall include successors and assigns. 15 of 36 pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP any authority relating to a license held by Article III any person necessary to qualify him, her, General Terms and Conditions or the Contractor to perform the Services. I. Contractor Responsibilities ii.) In the event that a person is no longer licensed to perform the Services, the a. Duties and Obligations Contractor must immediately notify the County, but in no event shall such i) It shall be the duty of the notification be later than five (5) days after Contractor to discharge, or cause to be a license holder has lost the license discharged, all of its responsibilities, and required to qualify the license holder or to administer funds received in the interest the Contractor to perform the Services. of the County in accordance with the provisions of the Contract. iii.) In the event that the Contractor is not able to perform the Services due to a loss of ii) The Contractor shall promptly license, the Contractor shall not be take all action as may be necessary to reimbursed for the Services rendered after render the Services. the effective date of termination of such license. Without limiting the generality of iii) The Contractor shall not take any the foregoing, if any part of the Contract action that is inconsistent with the remains to be performed, and the provisions of the Contract. termination of the license does not affect the Contractor's ability to render the iv) Services provided under this Services, every other term and provision Contract shall be open to all residents of of the Contract shall be valid and the County. enforceable to the fullest extent permitted by law. b. Qualifications, Licenses, and Professional Standards d. Documentation of Professional Standards i.) The Contractor represents and warrants that it has, and shall continuously possess, The Contractor shall maintain on file, in during the Term, the required licensing, one location in Suffolk County, all records education, knowledge, experience, and that demonstrate that it has complied with character necessary to qualify it to render sub-paragraphs (b) and (c) above. The the Services. address of the location of the aforesaid records and documents shall be provided ii.) The Contractor shall continuously have to the County no later than the date of during the Term all required execution of the Contract. Such authorizations, certificates, certifications, documentation shall be kept, maintained, registrations, licenses, permits, and other and available for inspection by the County approvals required by Federal, State, upon twenty-four (24) hours' notice. County, or local authorities necessary to qualify it to render the Services. e. credentialing a Notifications i.) In the event that the Department, or any division thereof, maintains a credentialing i.) The Contractor shall immediately notify process to qualify the Contractor to render the County, in writing, of any disciplinary the Services, the Contractor shall complete proceedings, commenced or pending, with the required credentialing process. In the event that any State credential, Page 16 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP registration, certification or license, Drug b. Event of Default; Termination on Enforcement Agency registration, or Notice Medicare or Medicaid certification is restricted, suspended, or temporarily or i.) The County may immediately terminate permanently revoked, it is the duty of the the Contract, for cause, upon such terms Contractor to contact the Department, or and conditions it deems appropriate, in the division thereof, as the case may be, in Event of Default. writing, no later than three (3) days after such restriction, suspension, or revocation. ii.) If the Contractor defaults under any other provision of the Contract, the County may ii.) The Contractor shall forward to the terminate the Contract, on not less than Department, or division thereof, as the five (5) days' notice, upon such terms and case may be, on or before July 1 of each conditions it deems appropriate. year during the Term, a complete list of the names and addresses of all persons c. Termination Notice providing the Services, as well as their respective areas of certification, Any notice providing for termination shall credentialing, registration, and licensing. be delivered as provided for in paragraph 24 of this Article III. f. Engineering Certificate d. Duties upon Termination In the event that the Contract requires any Engineering Services, the Contractor shall i.) The Contractor shall discontinue the submit to the County, no later than the due Services as directed in the termination date for submission for approval of any notice. engineering work product, the Certificate of Authorization ("Certificate"), issued ii.) The County shall pay the Contractor for pursuant to the Services rendered through the date of § 7210 of the New York Education Law, termination. of every person performing any Engineering Services. The failure to file, iii.) The County is released from any and all submit, or maintain the Certificate shall be liability under the Contract, effective as of grounds for rejection of any engineering the date of the termination notice. work product submitted for approval. iv.) Upon termination, the Contractor shall 2. Termination reimburse the County the balance of any funds advanced to the Contractor by the a. Thirty Days Termination County no later than thirty (30) days after termination of the Contract. The The County shall have the right to provisions of this subparagraph shall terminate the Contract without cause, for survive [he expiration or termination of any reason, at any time, upon such terms the Contract. and conditions it deems appropriate, provided, however, that no such v.) Nothing contained in this paragraph shall termination shall be effective unless the be construed as a limitation on the Contractor is given at least thirty (30) County's rights set forth in paragraph 8 of days' notice. this Article III. Page 17 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP 3. Indemnification and Defense i.) Commercial General Liability a. The Contractor shall protect, indemnify, and insurance, including contractual liability hold harmless the County, its agents, servants, coverage, in an amount not less than Two officials, and employees from and against all Million Dollars ($2,000,000.00) per liabilities, fines, penalties, actions, damages, occurrence for bodily injury and Two Million claims, demands, judgments, losses, suits or Dollars ($2,000,000.00) per occurrence for actions, costs, and expenses caused by the property damage. The County shall be named negligence or any acts or omissions of the an additional insured. Contractor, including reimbursement of the cost of reasonable attorneys' fees incurred by ii.) Automobile Liability insurance (if the County, its agents, servants, officials, and any vehicles are used by the Contractor in the employees in any action or proceeding arising performance of the Contract) in an amount not out of, or in connection with, the Contract. less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for b. The Contractor hereby represents and warrants bodily injury and not less than One Hundred that it will not infringe upon any copyright in Thousand Dollars ($100,000.00) for property performing the Services. The Contractor damage per occurrence. agrees that it shall protect, indemnify, and hold harmless the County, its agents, servants, iii.) Workers' Compensation and officials, and employees from and against all Employer's Liability insurance incompliance liabilities, fines, penalties, actions, damages, with all applicable New York State laws and claims, demands, judgments, losses, suits or regulations and Disability Benefits insurance, actions, costs, and expenses arising out of any if required by law. The Contractor shall claim asserted for infringement of copyright, furnish to the County, prior to its execution of including reimbursement of the cost of the Contract, the documentation required by reasonable attorneys' fees incurred by the the State of New York Workers' County, its agents, servants, officials, and Compensation Board of coverage or employees in any action or proceeding arising exemption from coverage pursuant to §§57 out of or in connection with any claim asserted and 220 of the Workers' Compensation Law. for infringement of copyright. In accordance with General Municipal Law § 108, the Contract shall be void and of no c. The Contractor shall defend the County, its effect unless the Contractor shall provide and agents, servants, officials, and employees in maintain coverage during the Term for the any proceeding or action, including appeals, benefit of such employees as are required to be arising out of, or in connection with, the covered by the provisions of the Workers' Contract, and any copyright infringement Compensation Law. proceeding or action. At the County's option, the County may defend any such proceeding or iv.) Professional Liability insurance in an action and require the Contractor to pay amount not less than Two Million Dollars reasonable attorneys' fees of salary costs of ($2,000,000.00) on either aper-occurrence or County employees of the Department of Law claims-made coverage basis. for the defense of any such suit. b. The County may mandate an increase in the 4. Insurance liability limits set forth in the immediately preceding pazagraphs (4)(a)(i), (ii), and (iv). a. The Contractor shall continuously maintain, during the Term of the Contract, insurance in c. All policies providing such coverage shall be amounts and types as follows: issued by insurance companies authorized to do business in New York with an A.M. Best Page 18 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP rating of A- or better. the case may be. d. The Contractor shall furnish to the County, 6. Severability prior to the execution of the Contract, declaration pages for each policy of insurance, It is expressly agreed that if any term or provision of other than a policy for commercial general this Contract, or the application thereofto any person liability insurance, and upon demand, a true or circumstance, shall be held invalid or and certified original copy ofeach such policy unenforceable to any extent, the remainder of the evidencing compliance with the aforesaid Contract, or the application of such term or provision insurance requirements. In the case of to persons or circumstances other than those as to commercial general liability insurance, the which it is held invalid or unenforceable, shall not be Contractor shall furnish to the County, prior to affected thereby, and every other term and provision the execution of the Contract, a declaration of the Contract shall be valid and shall be enforced to page or insuring agreement and endorsement the fullest extent permitted by law. page evidencing the County's status as an additional insured on said policy, and upon 7. Merger; No Oral Changes demand, a true and certified original copy of such policy evidencing compliance with the [t is expressly agreed that the Contract represents the aforesaid insurance requirements. entire agreement of the parties and that all previous understandings are herein merged in the Contract. e. All evidence of insurance shall provide for No modification ofthe Contract shall be valid unless the County to be notified in writing thirty (30) in written form and executed by both parties. days prior to any cancellation, nonrenewal, or material change in the policy to which such Set-Off Rights evidence relates. It shall be the duty of the Contractor to notify the County immediately of The County shall have all of its common law, any cancellation, nonrenewal, or material change equitable, and statutory rights of set-off. These rights in any insurance policy. shall include, but not be limited to, the County's option to withhold from a Fund Source an amount no f. In the event the Contractor shall fail to greater than any sum due and owing to the County provide evidence of insurance, the County may for any reason. The County shall exercise its set-off provide the insurance required in such manner as rights subject to approval by the County Attorney. In the County deems appropriate and deduct the cases of set-off pursuant to a Comptroller's audit, the cost thereof from a Fund Source. County shall only exercise such right after the finalization thereof, and only after consultation with g. Ifthe Contractor is a Municipal Corporation the County Attorney. and has aself-insurance program under which it acts as aself-insurer for any of such required 9. Non-Discrimination in Services coverage, the Contractor shall provide proof, acceptable to the County, of self-funded a. The Contractor shall not, on [he grounds of race, coverage. creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital 5. Independent Contractor status The Contractor is not, and shall never be, considered i.) deny any individual the Services an employee of the County for any purpose. provided pursuant to the Contract; or Notwithstanding anything contained in this Contract, ii.) provide the Services to an individual the Contract shall not be construed as creating a that is different, or provided in a principal-agent relationship between the County and different manner, from those the Contractor or the Contractor and the County, as provided to others pursuant to the Page 19 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA andlor SWEP Contract; or accordance with, the laws of the State of New York, iii.) subject an individual to segregation without regard to conflict of laws. Venue shall be or sepazate treatment in any matter designated in the Supreme Court, Suffolk County, related to the individual's receipt of the United States District Court for the Eastern the Services provided pursuant to the District of New York, or, if appropriate, a court of Contract; or inferior jurisdiction in Suffolk County. iv.) restrict an individual in any way from any advantage or privilege 12. No Waiver enjoyed by others receiving the Services provided pursuant to the It shall not be construed that any failure or Contract; or forbearance of the County to enforce any provision v.) treat an individual differently from ofthe Contract in any particular instance or instances others in determining whether or not is a waiver of that provision. Such provision shall the individual satisfies any eligibility otherwise remain in full force and effect, or other requirements or conditions notwithstanding any such failure or forbearance. which individuals must meet in order to receive the Services provided 13. Conflicts of Interest pursuant to the Contract. The Contractor shall not, during the Term, pursue a b. The Contractor shall not utilize criteria or course of conduct which would cause a reasonable methods of administration which have the effect person to believe that he or she is likely to be of subjecting individuals to discrimination engaged in acts that create a substantial conflict because of their race, creed, color, national between its obligations under the Contract and its origin, sex, age, disability, sexual orientation, private interests. The Contractor is charged with the military status, or marital status, or have the duty to disclose to the County the existence of any effect of substantially impairing the Contract such adverse interests, whether existing or potential. with respect to individuals of a particular race, This duty shall continue as long as the Term. The creed, color, national origin, sex, age, disability, determination as to whether or when a conflict may sexual orientation, military status, or marital potentially exist shall ultimately be made by the status, in determining: County Attorney after full disclosure is obtained. i.) the Services to be provided; or 14. Cooperation on Claims ii.) [he class of individuals to whom, or the situations in which, the Services The Contractor and the County shall render diligently will be provided; or to each other, without compensation, any and all iii.) the class of individuals to be afforded cooperation that may be required to defend the other an opportunity to receive the Services. party, its employees and designated representatives, against any claim, demand or action that may be 10. Nonsectarian Declaration brought against the other party, its employees or designated representatives arising out of, or in The Services performed under the Contract are connection with, the Contract. secular in nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to 15. Confidentiality further the advancement of any religion. The Services will be available to all eligible individuals Any document of the County, or any document regardless of religious belief or affiliation. created by the Contractor and used in rendering the Services, shall remain the property of the County 11. Governing Law and shall be kept confidential in accordance with applicable laws, rules, and regulations. The Contract shall be governed by, and construed in Page 20 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA andlor SWEP 16. Assignment and Subcontracting an exchange or over the counter): a. The Contractor shall not delegate its duties under 1. the dissolution, merger, the Contract, or assign, transfer, convey, sublet, consolidation or other or otherwise dispose of the Contract, or any of its reorganization of the Contractor; right, title or interest therein, or its power to and execute the Contract, or assign all or any portion of the monies that may be due or become due 2. the sale or other transfer of hereunder, (collectively referred to in this paragraph 16 as "Assignment"), to any other twenty percent (20%) or more of person, entity or thing without the prior written the shares of the Contractor consent of the County, and any attempt to do any (other than to existing of the foregoing without such consent shall be shareholders, the corporation void ab initio. itself or the immediate family members of shareholders by b. Such Assignment shall be subject to all of the reason of gifr, sale or devise). provisions of the Contract and to any other condition the County requires. No approval of b. Ifthe Contractor is anot-for-profit corporation, a any Assignment shall be construed as enlarging change of twenty percent (20%) or more of its any obligation of the County under the terms and shares or members shall be deemed a Permitted provisions of the Contract. No Assignment of Transfer. the Contract or assumption by any person of any duty of the Contractor under the Contract shall c. The Contractor shall notify the County in provide for, or otherwise be construed as, writing, which notice (the "Transfer Notice") releasing the Contractor from any term or shall include: provision of the Contract. i.) the proposed effective date of the 17. Changes to Contractor Permitted Transfer, which shall not be less than thirty (30) days nor more a. The Contractor may, from time to time, only than one hundred eighty (180) days with the County's written consent, enter into a after the date of delivery of the Permitted Transfer. For purposes of the Transfer Notice; Contract, a Permitted Transfer means: ii.) a summary of the material terms of i.) if the Contractor is a partnership, the the proposed Permitted Transfer; withdrawal or change, whether voluntary, involuntary or by iii.) the name and address of [he operation of law, of the partners, or proposed transferee; transfer of partnership interests (other than the purchase of iv.) such information reasonably required partnership interests by existing by the County, which will enable [he partners, by the partnership itself or County to determine the financial the immediate family members by responsibility, character, and reason of gift, sale or devise), or the reputation of the proposed transferee, dissolution ofthe partnership without nature of the proposed immediate reconstitution thereof, and assignee/transferee's business and experience; ii.) if the Contractor is a closely held corporation (i.e. whose stock is not v.) all executed forms required pursuant publicly held and not traded through to Article IV of the Contract, that Page 21 of 36 Pages Rev. 11130112; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP are required to be submitted by the the County or its elected officials. The Contractor Contractor; and also certifies that there is no relationship within the third degree of consanguinity, between the vi.) such other information as the County Contractor, any of its partners, members, directors, or may reasonably require. shareholders owning five (5%) percent or more of the Contractor, and the County. d. The County agrees that any request for its consent to a Permitted Transfer shall be granted, 20. Publications provided that the transfer does not violate any provision of the Contract, and the transferee has Any book, article, report or other publication or not been convicted of a criminal offense as printed matter related to the Services provided described under Article II of Chapter 143 of the pursuant to this Contract shall contain the following Suffolk County Code. The County shall grantor statement in clear and legible print: deny its consent to any request of a Permitted Transfer within twenty (20) days after delivery to "This publication is fully or partially funded by the the County of the Transfer Notice, in accordance County of Suffolk." with the provisions of Paragraph 24 of Article III of the Contract. If the County shall not give 21. Copyrights and Patents written notice to the Contractor denying its consent to such Permitted Transfer (and setting a. Copyrights forth the basis for such denial in reasonable detail) within such twenty (20)-day period, then If the work ofhe Contractor should result in the County shall be deemed to have granted its the production of original books, manuals, consent to such Permitted Transfer. films, or other materials for which a copyright may be granted, the Contractor e. Notwithstanding the County's consent, may secure copyright protection. However, the County reserves to itself, and the i.) the terms and conditions of the Contractor hereby gives to the County, and Contract shall in no way be deemed to any other person designated by the to have been waived or modified; County, aroyalty-free, nonexclusive license and to produce, reproduce, publish, translate, or otherwise use any such materials. ii.) such consent shall not be deemed consent to any further transfers. b. Patents 18. No Intended Third Party Beneficiaries If the Contractor makes any discovery or invention during the Term, as a result of The Contract is entered into solely for the benefit of work performed under the Contract, the the County and the Contractor. No third party shall Contractor may apply for and secure for be deemed a beneficiary ofhe Contract and no third itself patent protection. However, the party shall have the right to make any claim or assert County reserves to itself, and the Contractor any right under the Contract. hereby gives to the County, and to any other person designated by the County, aroyalty- 19. Certification as to Relationships free, nonexclusive license to produce or otherwise use any item so discovered or The Contractor certifies under penalties of perjury patented. that, other than through the funds provided in the Contract and other valid agreements with the County, 22. Arrears to County there is no known spouse, life partner, business, commercial, economic, or financial relationship with Contractor warrants that, except as may otherwise be Page 22 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA andlor SWEP authorized by agreement, it is not in arrears to the County upon any debt, contract, or any other lawful obligation, and is not in default to the County as surety. 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction THIS SPACE LEFT INTENTIONALLY BLANK In the event that the Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk County Code Chapter 234, as more fully set forth in the Article entitled "Suffolk County Legislative Requirements," the Contractor shall maintain the documentation mandated to be kept by this law on the construction site at all times. Employee sign-in sheets and register/log books shall be kept on the construction site at all times and all covered employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the construction site during such working hours. 24. 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.) to the County at the Department, or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 11788-0099. End of Text for Article III Page 23 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP shall be adjusted annually pursuant to the terms of Article IV the Suffolk County Living Wage Law of the Suffolk County Legislative Requirements County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the 1. Contractor'sNendor's Public authority, under appropriate circumstances, to Disclosure Statement terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. [t shall be the duty of the Contractor to read, become familiar with, and comply with the Required Forms: requirements of section AS-7 of Article V of the Suffolk County Code. Suffolk County Living Wage Form LW-l ;entitled "Suffolk County Department of Labor -Living Unless certified by an officer of the Contractor as Wage Unit Notice of Application for County being exempt from the requirements of section AS- Compensation (Contract)." 7 of Article V of the Suffolk County Code, the Contractor represents and warrants that it has filed Suffolk County Living Wage Form LW-38; with the Comptroller the verified public disclosure entitled "Suffolk County Department of Labor - statement required by Suffolk County Living Wage Unit Living Wage Administrative Code Article V, section AS-7 and Certification/Declaration -Subject To Audit." shall file an update of such statement with the Comptroller on or before the 31 st day of January in 3. Use of County Resources to Interfere each year of the Contract's duration. The with Collective Bargaining Activities Contractor acknowledges that such filing is a ?t shall be the duty of the Contractor to read, material, contractual and statutory duty and that the become familiar with, and comply with the failure to file such statement shall constitute a requirements of Article 1 of Chapter 803 of the material breach of the Contract, for which the Suffolk County Code. County shall be entitled, upon a determination that such breach has occurred, to damages, in addition County Contractors (as defined by section 803-2) to all other legal remedies, of fifteen percent (15%) shall comply with all requirements of Chapter 803 of the amount of the Contract. of the Suffolk County Code, including the following prohibitions: Required Form: Suffolk County Form SCEX 22; entitled a. The Contractor shall not use County funds to "Contractor'sNendor's Public Disclosure assist, promote, or deter union organizing. Statement" b. No County funds shall be used to reimburse the 2. Living Wage Law Contractor for any costs incurred [o assist, promote, or deter union organizing. It shall be [he duty of the Contractor to read, become familiar with, and comply with the c. No employer shall use County property to hold a requirements of Chapter 575, of the Suffolk meeting with employees or supervisors if the County Code. purpose of such meeting is to assist, promote, or deter union organizing. This Contract is subject to the Living Wage Law of the County of Suffolk. The law requires that, If the Services are performed on County property, unless specific exemptions apply, all employers (as the Contractor must adopt a reasonable access defined) under service contracts and recipients of agreement, a neutrality agreement, fair County financial assistance, (as defined) shall communication agreement, non-intimidation provide payment ofa minimum wage to employees agreement, and a majority authorization card as set forth in the Living Wage Law. Such rate agreement. Page 24 of 36 Pages Rev. 11/30/12; Law No. 77-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP [f the Services are for the provision of human All contractors and subcontractors (as defined) of services and are not to be performed on County covered employers, and the owners thereof, as the property, the Contractor must adopt, at the least, a case may be, that are assigned to perform work in neutrality agreement. connection with a County contract, subcontract, license agreement, lease or other financial Under the provisions of Chapter 803, the County compensation agreement issued by the County or shall have the authority, under appropriate awarding agency, where such compensation is one circumstances, to terminate the Contract and to hundred percent (100%) funded by the County, seek other remedies as set forth therein, for shall submit to the covered employer a completed violations of this Law. sworn affidavit (under penalty ofperjury), the form of which is attached, certifying that they have Required Form: complied, in good faith, with the requirements of Suffolk County Labor Law Form DOL-LOI; Title 8 of the United States Code Section 1324a entitled "Suffolk County Department of Labor - with respect to the hiring of covered employees Labor Mediation Unit Union Organizing and with respect to the alien and nationality status Certification/Declaration -Subject to Audit." of the owners thereof, as the case may be. The affidavit shall be executed by an authorized 4. Lawful Hiring of Employees Law representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any It shall be the duty of the Contractor to read, executed contract, subcontract, license agreement, become familiar with, and comply with the lease or other financial compensation agreement requirements of Article II of Chapter 353 of the between the covered employer and the County; and Suffolk County Code. shall be made available to the public upon request. This Contract is subject to the Lawful Hiring of An updated affidavit shall be submitted by each Employees Law of the County of Suffolk. It such employer, owner, contractor and provides that all covered employers, (as defined), subcontractor no later than January 1 of each year and the owners thereof, as the case may be, that are for the duration of any contract and upon the recipients of compensation from the County renewal or amendment of the Contract, and through any grant, loan, subsidy, funding, whenever a new contractor or subcontractor is appropriation, payment, tax incentive, contract, hired under the terms of the Contract. subcontract, license agreement, lease or other financial compensation agreement issued by the The Contractor acknowledges that such filings are County or an awarding agency, where such a material, contractual and statutory duty and that compensation is one hundred percent (100%) the failure to file any such statement shall funded by the County, shall submit a completed constitute a material breach of the Contract. sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have Under the provisions of the Lawful Hiring of complied, in good faith, with the requirements of Employees Law, the County shall have the Title 8 of the United States Code Section 1324a authority to terminate the Contract for violations of with respect to the hiring ofcovered employees (as this Law and to seek other remedies available defined) and with respect to the alien and under the law. nationality status of the owners thereof. The affidavit shall be executed by an authorized The documentation mandated to be kept by this representative of the covered employer or owner, law shall at all times be kept on site. Employee as the case may be; shall be part of any executed sign-in sheets and register/log books shall be kept contract, subcontract, license agreement, lease or on site at all times during working hours and all other financial compensation agreement with the covered employees, as defined in the law, shall be County; and shall be made available to the public required to sign such sign-in sheets/register/log upon request. books to indicate their presence on the site during such working hours. Page 25 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP Suffolk County Code. Such law provides that no Required Forms: contract for consulting services or goods and services shall be awarded by the County to a Suffolk County Lawful Hiring of Employees Law business previously incorporated within the U.S.A. Form LHE-1; entitled "Suffolk County Department that has reincorporated outside the U.S.A. of Labor -Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. Section 7. Child Sexual Abuse Reporting Policy 1324a) With Respect To Lawful Hiring of Employees." It shall be the duty of the Contractor to read, become familiaz with, and comply with the Suffolk County Lawful Hiring of Employees Law requirements of Article 11 of Chapter 880 of the Form LHE-2; entitled "Affidavit Of Compliance Suffolk County Code. With The Requirements Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring Of The Contractor shall comply with Article II of Employees" Chapter 880, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy," as now in Suffolk County Lawful Hiring of Employees Law effect or amended hereafter or of any other Suffolk Form LHE-6; entitled "Notice of Non- County Local Law that may become applicable Applicability For Compliance With Federal Law (8 during the term of the Contract with regard to child U.S.C. Section 1324A) With Respect To Lawful sexual abuse reporting policy. Hiring Of Employees." 8. Non Responsible Bidder 5. Gratuities It shall be the duty of the Contractor to read, [t shall be the duty of the Contractor to read, become familiaz with, and comply with the become familiar with, and comply with the requirements of Article II of Chapter 189 of the requirements of Chapter 664 ofthe Suffolk County Suffolk County Code. Code. Upon signing the Contract, the Contractor certifies The Contractor represents and warrants that it has that it has not been convicted of a criminal offense not offered or given any gratuity to any official, within the last ten Q O) years. The term employee or agent of the County or the State or of "conviction" shall mean a finding of guilty after a any political party, with the purpose or intent of trial or a plea of guilty to an offense covered under securing an agreement or securing favorable section 189-5 of the Suffolk County Code under treatment with respect to the awazding or amending "Nonresponsible Bidder." of an agreement or the making of any determinations with respect to the performance of 9. Use of Funds in Prosecution of Civil an agreement. Actions Prohibited 6. Prohibition Against Contracting with It shall be the duty of the Contractor to read, Corporations that Reincorporate become familiar with, and comply with the Overseas requirements of Article III of Chapter 893 of the Suffolk County Code. ?t shall be the duty of the Contractor to read, become familiar with, and comply with the The Contractor shall not use any of the moneys, in requirements of sections A4-13 and A4-14 of part or in whole, and either directly or indirectly, Article IV of the Suffolk County Code. received under the Contract in connection with the prosecution of any civil action against the County The Contractor represents that it is in compliance in any jurisdiction or any judicial or administrative with sections A4-13 and A4-14 ofArticle IV ofthe forum. Page 26 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP 10. Youth Sports It shall be the duty of the Contractor to read, become familiar with, and comply with Article III of Chapter 730 of the Suffolk County Code. All contract agencies that conduct youth sports programs are required to develop and maintain a 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 the award of a County contract, grantor 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 THIS SPACE LEFT INTENTIONALLY BLANK If the Contractor is anot-for-profit or govemmental agency or institution, each of the Contractor's locations in the County at which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum of Understanding ("MOU") with the Suffolk County Department of Labor for work experience is in effect at the beginning of the Term of the Contract, the Contractor, if it is a not-for-profit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. 12. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be accessed on the homepage of the Suffolk County Legislature. End of Text for Article IV Page 27 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP Article V accordance with the Contract and submitted General Fiscal Terms and Conditions for reimbursement must be documented and must comply with accounting procedures as set 1. General Payment Terms forth by the Suffolk County Department of Audit and Control. Documentation, including a. Presentation of Suffolk County Payment any other form(s) required by County or the Voucher Suffolk County Department of Audit and Control, shall be furnished to the County In order for payment to be made by the County pursuant to, and as limited by, the Regulations to the Contractor for the Services, the for Accounting Procedures for Contract Contractor shall prepare and present a Suffolk Agencies of the Suffolk County Department of County Payment Voucher, which shall be Audit and Control. In addition to any other documented by sufficient, competent and remedies that the County may have, failure to evidential matter. supply the required documentation will disqualify the Contractor from any further b. Voucher Documentation County contracts. The Suffolk County Payment Voucher shall c. Payment by County list all information regarding the Services and other items for which expenditures have been Payment by the County shall be made within or will be made in accordance with the thirty (30) days after approval of the Suffolk Contract. Either upon execution of the County Payment Voucher by the Contract (for the Services already rendered Comptroller. and expenditures already made), or not more than thirty (30) days after the expenditures d. Budget Modification were made, and in no event after the 31 s' day of January following the end of each year of i.) The parties shall use the Contract the Contract, the Contractor shall furnish the Budget Modification Request form County with detailed documentation in support ("Budget Modification") for of the payment for the Services or revisions to the Budget and Services expenditures under the Contract e.g. dates of not involving an increase to the total the Service, worksite locations, activities, cost of the Contract. The Contractor hours worked, pay rates and all program shall submit to the County the Budget categories. The Suffolk County Budget Modification proposed Payment Voucher shall include time records, revisions for either Budget or the certified by the Contractor as true and Services. Such request must be accurate, of all personnel for whom made in advance of incurring any expenditures are claimed during the period. expenditure for which the revision is Time and attendance records of a project needed. director, if any, shall be certified by the Chairperson, President or other designated ii.) When the County and the Contractor member of the Board of Directors of the agree as to such revisions, the Contractor. All Suffolk County Payment Contractor shall execute the Budget Vouchers must bear a signature as that term is Modification form. The Contractor defined pursuant to New York State General shall return it to the County for Construction Law §46 by duly authorized execution. persons, and certification of such authorization with certified specimen signatures thereon iii.) Upon complete execution of the must be filed with the County by a Contractor Budget Modification form, the official empowered to sign the Contract. County shall return a copy to the Disbursements made by the Contractor in Contractor. The revision shall not be Page 28 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP effective until the Budget from all claims by the Contractor. Modification is completely executed. 2. Subject to Appropriation of Funds iv.) The Budget Modification form may be submitted only twice per calendar a. The Contract is subject to the amount of funds year and may only be submitted prior appropriated each fiscal year and any subsequent to November 15'h of that year. modifications thereof by the County Legislature and no liability shall be incurred by the County e. Budget and/or Services Revisions beyond the amount of funds appropriated each fiscal yeaz by the County Legislature for the i.) The parties shall use the Contract Services. BudgeUServices Revision Approval Form (Budget /Services Revisions) b. If the County fails to receive Federal or State for revisions to the Budget and funds originally intended to pay for the Services, Services involving any change to the or to reimburse the County, in whole or in part, total cost of the Contract due to a for payments made for the Services, the County resolution ofthe Legislature, changes shall have the sole and exclusive right to: to the County's adopted annual budget, or for any other reason i.) determine how to pay for the necessitating revisions to the Budget Services; or Services. ii.) determine future payments to the iiJ When the County and the Contractor Contractor; and agree as to such revisions, the Contractor shall execute the iii.) determine what amounts, if any, are BudgeUServices Revisions form. reimbursable to the County by the The Contractor shall return it to the Contractor and the terms and County. conditions under which such reimbursement shall be paid. iii.) Upon complete execution ofthe form c. The County may, during the Tenn, impose a by the parties, the County shall Budget Deficiency Plan. In the event that a return a copy to the Contractor. The Budget Deficiency Plan is imposed, the County revision shall not be effective until shall promptly notify the Contractor in writing of the Budget /Services Revisions is the teens and conditions thereof, which shall be completely executed. deemed incorporated in and made a part of the Contract, and the Contractor shall implement f. Taxes those terms and conditions in no less than fourteen (14) days. The charges payable to the Contractor under the Contract are exclusive of federal, state, and local taxes, the County being a municipality 3. Personnel Salaries, Pension and exempt from payment of such taxes. Employee Benefit Plans, Rules and Procedures g. Final Voucher a. Upon request, the Contractor shall submit to the The acceptance by the Contractor of payment County a current copy, certified by the of all billings made on the final approved Contractor as true and accurate, of its Suffolk County Payment Voucher shall operate as and shall be a release of the County i.) salary scale for all positions listed in Page 29 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA andlor SWEP the Budget; nondisclosure agreements, trade secrets and commercial information or financial information ii.) personnel rules and procedures; that is privileged or confidential. iii.) pension plan and any other employee c. The Contractor shall utilize the accrual basis of benefit plans or arrangements. accounting and will submit all financial reports and claims based on this method of accounting b. The Contractor shall not be entitled to during the Term. reimbursement for costs under any pension or benefit plan the Comptroller deems 5. Audit of Financial Statements commercially unreasonable. a. All payments made under the Contract are c. Notwithstanding anything in this paragraph 3 of subject to audit by the Comptroller pursuant to this Article V, the County shall not be limited in Article V of the Suffolk County Charter The requesting such additional financial information Contractor further agrees that the Comptroller it deems reasonable. and the Department shall have access to and the right to examine, audit, excerpt, copy or 4. Accounting Procedures transcribe any pertinent transactions or other records relating to services under the Contract. a. The Contractor shall maintain accounts, books, If such an audit discloses overpayments by the records, documents, other evidence, and County to the Contractor, within thirty (30) days accounting procedures and practices which after the issuance of an official audit report by sufficiently and properly reflect all direct and the Comptroller or his duly designated indirect costs of any nature expended in the representatives, the Contractor shall repay the performance ofthe Contract, in accordance with amount of such overpayment by check Co the generally accepted accounting principles and order of the Suffolk County Treasurer or shall with rules, regulations and financial directives, submit a proposed plan of repayment to [he as may be promulgated by the Suffolk County Comptroller. If there is no response, or if Department of Audit and Control and the satisfactory repayments are not made, the County Department. The Contractor shall permit may recoup overpayments from any amounts due inspection and audit of such accounts, books, or becoming due to the Contractor from the records, documents and other evidence by the County under the Contract or otherwise. Department and the Suffolk County Comptroller, or their representatives, asoften as, in their b. The provisions of this paragraph shall survive judgment, such inspection is deemed necessary. the expiration or termination of the Contract. Such right of inspection and audit as set forth in subparagraph b. below shall exist during the 6. Financial Statements and Audit Term and for a period of seven (7) years after Requirements expiration or termination of the Contract. a. Notwithstanding any other reporting or b. The Contractor shall retain all accounts, books, certification requirements of Federal, State, or records, and other documents relevant to the local authorities, the Contractor shall obtain the Contract for seven (7) years after final payment services of an independent licensed public is made by the County. Federal, State, and/or accountant or certified public accountant (the County auditors and any persons duly authorized "Auditor") to audit its financial statements for by the County shall have full access and the right each Contractor's "fiscal year" in which the to examine any of said materials during said Contractor has received, or will receive, three period. Such access is granted notwithstanding hundred thousand ($300,000.00) dollars or more any exemption from disclosure that may be from the County, whether under the Contract or claimed for those records which are subject to other agreements with the County, and shall Page 30 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP submit a report to the County on the overall (revised June 27, 2003). Single Audit Reports financial condition and operations of the must also be submitted to the designated Contractor, including a balance sheet and clearinghouse, cognizant agency and/or pass- statement of income and expenses, attested by through entity, to the extent required by the the Auditor as fairly and accurately reflecting the OMB Circular referred to above. accounting records of the Contractor in accordance with generally accepted accounting e. The Contractor must submit to the County a principles. The Contractor may solicit requests statement in writing, certified by its chief for proposals from a number of qualified financial officer, which states the amount of accounting firms and review cazefully the costs Federal funding expended by the Contractor of, and qualifications for, this type of work during such fiscal year. The Contractor must before selecting the Auditor. mail or deliver the certified statement to the Department and to the Executive Director of b. The Auditor should be required to meet the Auditing Services, Suffolk County Department following minimum requirements: of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial Highway, P. O. Box i.) a current license issued by the New 6100, Hauppauge, New York 11788-0099, as York State Education Department; soon as possible afer the end of the Contractor's ii.) sufficient auditing experience in the fiscal year. The statement must include all not-for-profit, governmental or Federal funding received directly from the profit-making areas, as applicable; Federal government and all Federal funds passed and through from the County and other pass-through iii.) a satisfactory peer review issued entities. within not more than three (3) years prior to the date when the Auditor f. Copies of all financial statements, Management was selected to conduct the audit. Letters, Single Audit Reports and other audit reports must be transmitted to the County and to c. The audit must be conducted in accordance with the Executive Director of Auditing Services at generally accepted governmental auditing the address set forth above. The reports must be standards. Financial statements must clearly submitted within thirty (30) days after differentiate between County-funded programs completion of the audit, but in no event later and other programs that the Contractor may be than nine (9) months after the end of the operating. The use of subsidiary schedules Contractor's fiscal year, to which the audit should be encouraged for this purpose. The relates. Auditor must also prepare a Management Letter based on the audit. g. These requirements do not preclude the County, the Comptroller, or their authorized d. In the event the Contractor is anot-for-profit representatives, or Federal or State auditors from organization or unit of local government and auditing all records ofthe Contractor. Therefore, expends five hundred thousand ($500,000.00) the records of the Contractor must be made dollars or more of Federal monies, whether as a available to authorized representatives of recipient expending awards received directly Federal, State and County government for that from Federal awarding agencies, or as a purpose. subrecipient expending Federal awards received from apass-through entity, such as New York h. The provisions of this paragraph shall survive State or Suffolk County, during any fiscal year the expiration or termination of the Contract. within which it receives funding under the Contract, the audit must be conducted, and the 7, Furniture, Fixtures, Equipment, audit report ("Single Audit Report") must be, in Materials, Supplies accordance with OMB Circular No. A-133 Page 31 of 36 Pages Rev. 11130/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP a. Purchases, Rentals or Leases Requiring Prior fixtures, equipment, materials, and Approval supplies purchased or obtained by the Contractor and paid for or Prior to placing any order to purchase, rent or reimbursed to the Contractor lease any furniture, fixtures, or equipment pursuant to the terms of the Contract valued in excess of one thousand dollars or any prior agreement between the ($1,000.00) per unit for which the Contractor parties. will seek reimbursement from the County, the Contractor shall submit to the County a written iv.) The Contractor shall attach labels request for approval to make such a proposed indicating the County's proprietary purchase, rental or lease, with a list showing interest or title in all such property. the quantity and description of each item, its intended location and use, estimated unit price c. County's Right to Take Title and Possession or cost, and estimated total cost of the proposed order. Written approval of the Upon the termination or expiration of the County shall be required before the Contractor Contract or any renewal thereof, the may proceed with such proposed purchase, discontinuance of the business of the rental or lease of furniture, fixtures or Contractor, the failure of the Contractor to equipment. All items purchased must be new comply with the terms of the Contract, the or like new unless specifically described bankruptcy of the Contractor, an assignment otherwise in the Budget. for the benefit of its creditors, or the failure of the Contractor to satisfy any judgment against b. Purchase Practices/Proprietary Interest of it within thirty (30) days of filing of the County judgment, the County shall have the right to take title to and possession of all furniture, i.) The Contractor shall follow the removable fixtures, equipment, materials, and general practices that are designed to supplies and the same shall thereupon become obtain furniture, fixtures, equipment, the property of the County without any claim materials, or supplies at the most for reimbursement on the part of the reasonable price or cost possible. Contractor. ii.) The County reserves the right to d. Inventory Records, Controls and Reports purchase or obtain furniture, fixtures, equipment, materials, or supplies for The Contractor shall maintain proper and the Contractor in accordance with the accurate inventory records and controls for all programmatic needs of the Contract. such furniture, removable fixtures and If the County exercises this right, equipment acquired pursuant to the Contract the amount budgeted for the items so and all prior agreements between the parties, if purchased or obtained by the County any. Three (3) months before the expiration for the Contractor shall not be date of the Contract, the Contractor shall make available to the Contractor for any a physical count of all items of fumiture, purpose whatsoever. Title to any removable fixtures and equipment in its such items purchased or otherwise custody, checking each item against the obtained by the County for the aforesaid inventory records. A report setting programs encompassed by the forth the results of such physical count shall be Contract and entrusted to the prepared by the Contractor on a form or forms Contractor, shall remain in the designated by the County, certified and signed County. by an authorized official ofthe Contractor, and one (1) copy thereof shall be delivered to the iii.) The County shall retain a proprietary County within five (5) days after the date set interest in all furniture, removable for the aforesaid physical count. Within five Page 32 of 36 Pages Rev. 11130112; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP (5) days after the termination or expiration State of New York. date of the Contract, the Contractor shall 8. Lease or Rental Agreements submit to the CounTy six (6) copies ofthe same report updated to such date of the Contract, If lease payments or rental costs aze included in the certified and signed by an authorized official Budget as an item of expense reimbursable by the of the Contractor, based on a physical count of County, the Contractor shall promptly submit to all items of fumiture, removable fixtures and the County, upon request, any lease or rental equipment on the aforesaid expiration date, agreement. If during the Term, the Contractor and revised, if necessary, to include any shall enter into a lease or rental agreement, or shall inventory changes during the last three (3) renew a lease or rental agreement, the Contractor months of the Term. shall, prior to the execution thereof, submit such lease or rental agreement, to the County for e. Protection of Property in Contractor's approval. Custody 9. Statement of Other Contracts The Contractor shall maintain vigilance and take all reasonable precautions to protect the Prior to the execution of the Contract, the furniture, fixtures, equipment, material or Contractor shall submit a Statement of Other supplies in its custody against damage or loss Contracts to the County, which shall be attached as by fire, burglary, theft, disappearance, an exhibit to the Contract. If the Contract is vandalism, or misuse. In the event of burglary, amended during the Term, or if the County theft, vandalism, or disappearance of any item exercises its option right, the Contractor shall of furniture, fixtures, equipment, material or attach a then current Statement of Other Contracts. supplies, the Contractor shall immediately notify the police and make a record thereof, including a record of the results of any 10. Miscellaneous Fiscal Terms and investigation which may be made thereon. In Conditions the event of loss of or damage to any item of furniture, fixtures, equipment, materials, or a. Limit of County's Obligations supplies from any cause, the Contractor shall immediately send the County a detailed written The maximum amount to be paid by the report thereon. County is set forth on the first page of the Contract. f. Disposition of Property in Contractor's Custody b. Duplicate Payment from Other Sources Upon termination of the County's funding of Payment by the County for the Services any of the Services covered by the Contract, or shall not duplicate payment received by at any other time that the County may direct, the Contractor from any other source. the Contractor shall make access available and render all necessary assistance for physical c. Funding Identification removal by the County or its designee of any or all furniture, removable fixtures, equipment, The Contractor shall promptly submit to materials or supplies in the Contractor's the County upon request, a schedule for all custody in which the County has a proprietary programs funded by the County, itemizing interest, in the same condition as such property for each such program the sums received, was received by the Contractor, reasonable their source and the total program budget. wear and tear excepted. Any disposition, settlements or adjustments connected with d. Outside Funding for Non-County such property shall be in accordance with the Funded Activities rules and regulations of the County and the Page 33 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP Payments under the Contract may be Notwithstanding the foregoing provisions subject to and contingent upon continued of the Contract, it is the intent of the funding by State and/or Federal agencies. County that the terms and conditions of In the event payments are subject to such the Contract shall not limit the Contractor funding no payment shall be made until from applying for and accepting outside the Contractor submits documentation in grant awards or from providing additional the manner and form as shall be required educational activities/services which may by State and/or Federal agency. If late result in the Contractor incurring submission ofclaims precludes the County additional costs, as long as the following from claiming State or Federal conditions are met: reimbursement, such late claims by the Contractor shall not be paid by the County i.) The County is not the Fund Source subject to subparagraph g. below, if, for for the additional services; any reason, the full amount of such ii.) Sufficient funding is available for or funding is not made available to the can be generated by the Contractor to County, the Contract may be terminated in cover the cost incurred by the whole or in part, or the amount payable to Contractor to provide these the Contractor may be reduced at the additional services; and discretion of the County, provided that any iii.) If sufficient funding is not available such termination or reduction shall not or cannot be generated, the County apply to allowable costs incurred by the shall not be held liable for any ofthe Contractor prior to such termination or additional costs incurred by the reduction, and provided that money has Contractor in furnishing such been appropriated for payment of such additional services. costs. iv.) Prior to scheduling any such additional services on County-owned g. Denial of Aid property, the Contractor shall obtain written County approval. The If a State or Federal government agency is Contractor shall, to the County's funding the Contract and fails to approve satisfaction, submit any aid in reimbursement to the County for documentation requested by the payments made hereunder by the County Department reflecting the change, to the Contractor for expenditures made and identify the additional services to during the Term because of any act, be provided and the source of omission or negligence on the part of the funding that shall be utilized to cover Contractor, then the County may deduct the expenditures incurred by the and withhold from any payment due to the Contractor in undertaking the Contractor an amount equal to the additional services. reimbursement denied by the state or federal government agency, and the e. Potential Revenue County's obligation to the Contractor shall be reduced by any such amounts. In such The Contractor shall actively seek and an event, if there should be a balance due take reasonable steps to secure all to the County after it has made a final potential funding from grants and payment to the Contractor under the contracts with other agencies for programs Contract, on demand by the County, the funded by the County. Contractor shall reimburse the County for the amount of the balance due the County, C Payments Contingent upon payable to the Suffolk County Treasurer. State/Federal Funding The provisions of this subparagraph shall survive the expiration or termination of Page 34 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP the Contract. allowed to County employees. h. Budget 1. Attendance at Conferences The Contractor expressly represents and All conferences that are partially or fully agrees that the Budget lists all revenue, funded by the County that the Contractor's expenditures, personnel, personnel costs staff wishes to attend must be pre- and/oroll other relevant costs necessary to approved, in writing, by the County and provide the Services. must be in compliance with Suffolk County Standazd Operating Procedure A- i. Payment of Claims 07 and Executive Order No. 14-2007. Upon receipt of a Suffolk County Payment m. Salaries Voucher, the County, at its discretion, may pay the Contractor during the Term, in The Contractor shall not be eligible to advance, an amount not to exceed one receive any salary reimbursement until sixth (1/6) of the maximum amount to be proof of deposit or payment of all paid by the County set forth on the first withholding and payroll taxes to the page of the Contract. Federal/State governments has been provided to the County. j. Payments Limited to Actual Net Expenditures n. Salary Increases The Contractor agrees that if, for any No salary, wage, or other compensation reason whatsoever, the Contractor shall for the Services shall be increased over spend during the Tenn for the purposes set the amount stated in the Budget without forth in the Contract an amount less than, the prior written approval of the County. or receive amounts more than, provided in the Budget, the total cost of the Contract o. Contractor Vacancies shall be reduced to the net amount of actual Contractor expenditures made for The County shall have the right of prior such purposes. The total amount to be approval of the Contractor's filling of any paid by the County shall not exceed the vacant position as of the date of execution lesser of (i) actual net expenditures or (ii) of the Contract or as may thereafter the total cost of the Contract on the cover become vacant, and, in the exercise ofthat page and in the Budget. Upon termination right. The County may promulgate or expiration of the Contract, if the reasonable regulations involving filling of Contractor's total amount of allowable vacancies which shall be deemed to be expenses is less than the total amount of incorporated by reference in, and be made the payments made during the Tenn, the part of, the Contract, provided, however, Contractor shall prepare a check payable that subject to the availability of funding, to the Suffolk County Treasurer for the approval for the hiring of replacement difference between the two amounts and clerical shall be a Contractor submit such payment to the County, along determination. with the final Suffolk County Payment Voucher. p. No Limitation On Rights k. Travel Costs Notwithstanding anything in this Article V to the contrary, the County shall have Reimbursement to the Contractor for available to it all rights and remedies travel costs shall not exceed amounts under the Contract and at law and equity. Page 35 of 36 Pages Rev. 11/30/12; Law No. 17-LB-159 IFMS No. Worksite MOU - WIA and/or SWEP "Comptroller's Rules and Regulations q. Comptroller's Rules and Regulations for Consultant Agreements" during the Term. The Contractor shall comply with the "Comptroller's Rules and Regulations End of Article V for Consultant's Agreements" as promulgated by the County Department of Audit and Control and any Amendments thereto during the Term. The County shall provide the Contractor with a copy of any amendments to the THIS SPACE LEFT INTENTIONALLY BLANK Page 36 of 36 Pages CERTIFICATION REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, AND DRUG-FREE WORKPLACE REQUIREMENTS Applicant should refer to the regulations cited below to determine [he certification included in the regulations before completing the form. Signature of this form provides for compliance with certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying," and 34 CFR Part 85, "Govemment-wide Debazment and Suspension (Non-Procurement) and representation of fact upon which reliance will be placed when the Department of Labor determines to award [he covered transaction gran[, or cooperative agreement. I. LOBBYING (b) Have not within athree-yeaz period As required by Section 1352, Title 31 of the U.S. preceding this application been convicted Code and implemented at 34 CFR Part 82 for of or had a civil judgement rendered persons entering into a grant or cooperative against them for commission of fraud or agreement over $100,000, as defined at 34 CFR a criminal offense in connection with Part 82, Section 82.105 and 82.1 lQ, the applicant obtaining, attempting to obtain, or certifies that: performing a public (Federal, State or local) transaction or contracts under a (a) No Federal appropriated funds have been paid or public transaction, violation of federal or will be paid, by or on behalf of the undersigned, to State antitrust statutes or commission of any persons for influencing or attempting [o embezzlement, theft, forgery, bribery, influence an officer or employee of any agency, a falsification or destruction of records, Member of Congress, an officer or employee of making false statements, or receiving Congress, or an employee of a Member of stolen property; Congress in connection with the making of any Federal grant, [he entering into of any cooperative (c) Are not presently under indictment or agreement, and [he extension, continuatioq otherwise criminally or civilly charged renewal, amendment, or modification of any by a Government entity (Federal, State or Federal grant or cooperative agreement. local) with commission of any of the offenses enumerated in paragraph A (b) (b) If any funds other than federally appropriated funds of the certification; and have been paid or will be paid to any person for influencing or attempting to influence an officer or (d) Have not within athree-year period employee of a member of Congress in connection preceding this application had one or with the making of any Federal grant, the entering more public transactions (Federal, State into of any ceoperative agreement, and the and local) for cause or default; and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative B. Where the applicant is unable [o certify to agrcement all certifications pursuant to such any of the statements in this certification, payments have been or will be filed as required he or she shall attach and explanation to under 34 CFR Part 82, Section 82. ] 00(a-e).. this application. (c) The undersigned shall require that the language of 3. DRUG-FREE WORKPLACE (GRANTEES the certifications referenced in 1(b) be included in OTHER THAN INDIVIDUALS) the award documents for all subawards at all tiers (including subgrants, contracts under grants and As required by [he Drug-Free Workplace Act of cooperative agreements and subcontracts) and that 1988, and implemented at 34 CFR part 85, Subpart all subrecipients shall certify and disclose F, for grantees, as defined at 34 CPR Part 85, accordingly. Sections 85.605 and 85.610. 2. DEBARMENT, SUSPENSION, AND OTHER A. The applicant that it will or will continue RESPONSIBR.ITY MATTERS to provide adrug-free workplace by: As required by Executive Order 12549, (a) Publishing a statement notifying Debarments and Suspension, and implemented at employees that the manufacture, 34 CFR Part 85, for prospective participants in distribution, dispensing, possession, or primary covered transactions, as defined at 34 CFR use of a controlled substance is part 85, Sections 83.105 and 85.110. prohibited in the grantee's workplace and specifying the actions that will be taken A. The applicant certifies that it and its against employees for violation of such principals: prohibition; (a) Are not presently debarred, suspended, (b) Establishing an on-going drug-free proposed for debarment, declared awareness program to inform employees ineligible, or voluntarily excluded from about: covered transactions by any Federal department of agency; 1. The dangers of drug abuse in the GM 50 (1-92) (rev. 8/15/11) workplace; I. Taking appropriate personnel action against such an employee, up to and 2. The grantee's policy of maimaining a including termination, consistent with the drug-free workplace; Requirements of the Rehabilitation Act of 1973, as amended; or 3. Any available drug counseling, rehabilitatioq and employee assistance 2. Requiring such employee to participate program; and satisfactorily in a drug abuse assistance or rehabilitation program approved for 4. The penalties that may be imposed upon such purpose by a Federal, State or local employee for drug abuse violation health, law enforcement, or other occurring in the workplace: appropriate agency; (e) Making it a requirement that each g. making a good faith effort to continue to employee to be engaged in the maintain adrug-free workplace through performance of the grant be given a copy implementation of paragraphs (a), (b), of the statement required by paragraph (c), (d), (e), (f), (a); B. The grantee may insert in the space (d) Notifying the employee in the statement provided below the site(s) for the required by paragraph (a) that as a performance of work done in connection condition of employment under the grant, with this specific grant. the employee will: Place of Performance (street, address, I. Abide by the terms of the statement and; city, county, state, zip code). 2. Notify the employer in writing of his or DRUG-FREE WORKPLACE (GRANTEES WHO her conviction for a violation of a ARE INDIVIDUALS) criminal drug statute occurring in the workplace no later than five calendar As required by [he Urug-Free Workplace Act of days after such conviction; 1988, and implemented at 34 CFR part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, (e) Notifying the agency, in writing within Sections 85.605 and 85.610. 10 calendar days after having received notice under subparagraph (dx2) from an A. As a condition of the grant, [certify that I employee or otherwise receiving actual will not engage in the unlawful police of such conviction. Employers of manufacture, distribution, dispensing, convicted employees must provide possession, or use of a controlled notice, including position title, to: substance in conducting any activity with Director, Grants Management Bureau, the gran[; and State Office Building Campus, Albany, New York 12240. Notice shall include B. If convicted of a criminal drug offense the identification number(s) of each resulting from a violation occurring affected grant. during the conduct of any grant activity, I will report the conviction, in writing, (f) Taking one of the following action, within l0 calendar days of the within 30 calendar days of receiving conviction, to: Director, grants notice under subparagraph (dx2), with Management Bureau, State Office respect to any employee who is so Building Campus, Albany, NY 12240. convicted: Notice shall include the identification number(s) of each affected grant. Check if there are workplaces on fle that are not identified here. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Town of Southold Name of ApplicanUGrantee/Subgrantee Sco ussell, Su ervi or Print Name and Titl f Authorized Representative /3 Signature at GM 50 (1-92) (rev. 8/15/11) Suffolk County, New York Department of Labor, Licensing & Consumer Affairs SUFFOLK COUNTY DEPARTMENT OF LABOR. LICENSING & CONSUMER AFFAIRS -LABOR MEDIATION UNIT UNION ORGANIZING CERTIFICATION/DECLARATION -SUBJECT TO AUDIT If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I, III, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, III and IV below. Completed forms must be submitted to the awarding agency. County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County program; pursuant [o a Suffolk County reimbursement for services provided in any calendaz year; or pursuant to a subcontract with anv of the above." Section I ? The Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as to the goods and/or services that are the subject of the contract with the County of Suffolk shall not use County funds to assist, promote, Check if or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist, Applicable promote, or deter union organizing. (Chapter 466-3 B) 1/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3 H) Vwe further agree that I/we will not use County property to hold meetings to assist, promote, or deter union organizing. (Chapter 466-3E) I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, I/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as applicable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-3 I) I/we further affirm to the following as to the goods and/or services that are the subject of the contract with the County of Suffolk: • I/we will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regazding union representation; • I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; • I/we will not require an employee, individually or in a group, to attend a meeting or an event that is intended to influence his or her decision in selecting or not selecting a bazgaining representative; • I/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the adoption of nonconfrontational procedures for the resolution of prerecognition labor disputes with employees engaged in the production of goods or the rendering of services for [he County; and • I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said procedures in such certification. Section II ? The Union Organizing Law does not apply to this contract for the following reason(s): X N~('n~ty FF~Fx~ne^.ied Check if Applicable DOL-L01 (12/12) Suffolk County, New York Department o_f L_a_bo_r, Licensing & Consumer Affairs Section III Contractor Name: Town of Southold Federal Employer ID#: 11-6001939 Contractor Address: 53095 Route 25 / P.O. Box 1179 Amount of Assistance Southold, NY 11971' U ~s'`J Vendor Contractor Phone # 765-1889 Description of project or service: Section IV In the even[ any part of [he Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a court of competent jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ob initio. Section V 1 declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and t he above is true and correct. yl y1~3 Authorized tgnature Date Scot Russell Su ervisor Prin ame and Title of Authorized Representative DOI.-L01 (12/12) 9~' Steven Bellone ~y,_ Samuel Chu Suffolk County Executive ~ Commissioner SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING, & CONSUMER AFFAIRS LOCAL LAW COMPLIANCE LIVING WAGE CERTIFICATION/DECLARATION -SUBJECT TO AUDIT If either of the following definitions of `compensation' (Living Wage Law Chapter 575 -2) applies to the contractor's/recipient's business or transaction with Suffolk County, the contractor/recipient must complete Sections 1, 3, 4 below; and Form LW-1 (Notice of Application for County Compensation). If the following definitions do not apply, the contractor/recipient must complete Sections 2, 3 and 4 below. Completed forms must be submitted to the awarding agency. "Any grant, loan, tax incentive or abatement, bond financing subsidy or other form of compensation of more than $50,000 which is realized by or provided to an employer of a[ least ten (10) employees by or through the authority or approval of the CounTy of Suffolk," or "Any service contract or subcontract le[ to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or commodities) which involve an expenditure equal to or greater than $10,000. For the purposes ofthis definition, the amount of expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not `compensation' for the purposes of this definition." ? Section I chcck;t The Living Wage Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk County appticab~c Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract where this company has received compensation, from the County of Suffolk as defined in the Law (compensation) a wage rate of no less titan $11.52 ($9.25 for child care providers) per hour worked with health benefits, as described in the Law, or otherwise $13.12 ($10.50 for child care providers) per hour or the rates as maybe adjusted annually in accordance with the Law. (Chapter 575-3 B) I/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies property or uses equipment or property that is improved or developed as a result of compensation or any contractor or subcontractor ofthis company that employs at least ten (10) persons in producing or providing goods or services to this company that are used in the project or matter for which this company has received compensation shall comply with all the provisions of the Law, including those specified above. (Chapter 575-2) I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects ofthis Chapter, including the production for inspection & copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of compliance is longer. All payroll and benefit records required by the County will be maintained for inspection for a similar period oftime. (Chapter 575-7 D) The County Department of Labor, Licensing & Consumer Affairs shall review the records of any Covered Employer at least once every three years to verify compliance with the provisions of the Law. (Chapter 575-4 C) Section II The Living Wage Law does not apply to this contract for the following reason(s): check ff No Countv Funds Expended applicable Section III Contractor Name: Town of Southold Federal Employer ID#: 11-6001939 Contractor Address: 53095 Route 25 / P.O. Box 1179 Amount of compensation: Southold, NY 11971- D `~J"9 Vendor Contractor Phone # 765-1889 Description of project or service: Section IV I declare under p Ity of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, a at the abov 'true and correct. ~4 y/ Nli3 Authorize Signature Date Scott ussell Su ervisor Print ~ame and Title of Authorized Representative DOL: LW38 (revised 1/13) SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS NOTICE OF NON-APPLICABILITY FOR COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A1 WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES Suffolk Count Code, Cha ter 234 (2006 To Be Com leted B Awardin A enc The Lawful Hiring of Employees Law does not apply to the covered employer, contractor or sub- contractor, listed below. Please check the appropriate box to indicate the basis for non-applicability. Contractor Name: Town of Southold Federal Employer ID# 11-6001939 Contractor Address: 53095 Rm~te 25 / P_n_ Rnx 1179 Southold. NY 11971 Contractor Phone 765-1889 Description of project or service: SWEP Worksite 1) ? Recipients of compensation from the County, through any grant, loan, subsidy, agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is NOT one hundred percent (100%) funded by the County. 2) ~ This law shall not apply to the subcontractors ofnot-for-profit corporations. Authorized County Signature Date Richard Krebs, Director Print Name and Title of Authorized County Representative LHE-6 (12/12) SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS -LOCAL LAW COMPLIANCE UNIT NOTICE OF NON-APPLICABILITY OF LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter 575 (2001) To Be Completed By The Local Law Compliance Unit DATE: April 22, 2013 TO: Roger Podd, S.C. Dept. of Labor, Licensing & Consumer Affairs FROM: Brenda berg, Director TELEPHONE 631 853-5630 EMPLOYER: Town of Southold VENDOR#: 11-6001939 REF.: Worksite You are hereby notified that the response Town of Southold has been evaluated by the Local Law Compliance Unit of the Suffolk County Department of Labor, Licensing & Consumer Affairs. We find that this employer is not covered by the Suffolk County Living Wage Law (Local Law #12-2001), and that the requirements of this law as currently constituted do not constrain this contractor at this time. Brenda Rosenberg Director of Living Wage Compliance Suffolk County Department of Labor, Licensing & Consumer Affairs LW-26 (Revised 2/13) SUFFOLK COUNTY DEPARTMENT OF LABOR. LICENSING & CONSUMER AFFAIRS NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAR'FUL HIRING OF EMPLOYEES VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 353 (2006) To Be Completed By The Local Law Compliance Unit DATE: Anri122, 2013 TO: Roder Podd, S.C. Deat. of Labor, Licensine & Consumer Affairs FROM: Brenda Ros r Director PHONE 631 853-3808 EMPLOYER: Town of Southold VENDOR#: 11-6001939 REF.: Worksite You are hereby notified that the submission from Town of Southold has been received by the Local Law Compliance Unit of the Suffolk County Department of Labor, Licensing & Consumer Affairs. We find that this submission is complete and is in compliance with the requirements set forth by the Suffolk County Lawful Hiring of Employees Law (Local Law #52-2006). LHE-3 (Revised 2/13)