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HomeMy WebLinkAboutCommunity Development Block Grant Program RESOLUTION 2014-530 ADOPTED DOC ID: 9880 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2014-;530 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 17,2014: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Suffolk Urban County Cooperation Amendment of Agreement between the Town of Southold and the Suffolk County Office of Community Development, in connection with the Community Development Block Grant Program, fully funded by the Department of Housing and Urban Development(HUD), subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell c r. Rev.5-29-14 Law No.14-CD-088 Urban County Amendment IFMS No. SUFFOLK ORIGINAL URBAN COUNTY COOPERATION AMENDMENT OF AGREEMENT This Amendment of Agreement, is between the County of Suffolk("County"),a municipal corporation of the State of New York,acting through its duly constituted Office of Community Development, ("Department"),located at 100 Veterans Memorial Highway,P.O. Box 6100, Hauppauge,N.Y. 11788, and the Town of Southold "Municipality"), a municipal corporation duly organized and existing under the laws of the State of New York, located at P.O.Box 1179 Southold,NY 11971. 5 3oq 15 a_ - 25 5 Uo o,, er d t r---t Ltq Z The County is currently qualified as an Urban County by the U.S. Department of Housing and Urban Development(hereinafter referred to as "HUD");the parties hereto desire to cooperate to undertake,or assist in undertaking, community renewal and lower-income housing assistance activities. The parties hereto desire to amend the Original Agreement, last dated July 14, 1999,to renew for fiscal years 2015-2017; and to amend and add contract provisions in compliance with current HUD requirements;and the parties heretofore and henceforth have entered into a cooperative Agreement for said purposes. Term of Agreement: Shall be from April 1, 2015 thru March 31,2017 and shall automatically renew for participation in successive three-year qualification periods as provided for in Paragraph 9 of the original Agreement,unless sooner terminated as provided for therein. Terms and Conditions: Shall be as set forth in the Original Agreement and this Amendment of the Agreement In Witness Whereof, Town of Southold COUNTY O UFFOLK By: Q Scott AL6,ussell By. Supervisor Dennis . Cohen Fed. Tax ID#11 OQ 1939 Chief Deputy County Executive Date: �/1 0 1/y 7, Date: 1-2,40 / Scott A. Russell, hereby certifies under penalties of perjury that I am an officer of the Town of Southold, that I have read and I am familiar with §A5-7 of Article V of the Suffolk County Code, and Approved: that the r#s all requ' ments to ualify for exe pt' n thereunder. Office of Cmmunity Development ^W4 Date By: A 7 Jif fosen-Nikol6if- Approved as to Le ity• ctor of R al Estate Dennis Brow Date: Suff u Att n (v By: Bar Code# 0026860 -A6 L antha N.McEachin Assistant County Attorney Date: 1 of 3 pages S ` Amendment WHEREAS, the County had applied to HUD for designation as a Urban County in 1999 in accordance with 24 CFR 570.307(a) of the Community Development Block Grant ("CDBG") regulations under Title I of the Housing and Community Development Act of 1974, as amended, Public Law 93-383 ("Acts"); and WHEREAS, HUD had approved the County's application for said designation and Suffolk County became a qualified Urban County and received an Entitlement Grant for Fiscal Years 2000, 2001 and 2002; and WHEREAS, Suffolk County has successfully requalified as an Urban County for every three-year qualification period thereafter; and WHEREAS, pursuant to New York General Municipal Law §99h(2) as well as the authority given to the then Suffolk County Executive by resolution of the Suffolk County Legislature, had and continues to entered into cooperative agreements ("Agreement") for the purpose of establishing a consortium to undertake essential community development, housing assistance and HOME Investment Partnerships Program("HOME") activities authorized under the Acts; and WHEREAS,the Suffolk County Consortium was and continues to be comprised of seven Suffolk County towns and ten Suffolk County villages, including the Towns of Brookhaven, East Hampton, Riverhead, Shelter Island, Smithtown, Southampton, and Southold and the Villages of Bellport, Lake Grove, Patchogue, Port Jefferson, The Branch, Sag Harbor, Shoreham, Southampton, Westhampton Beach, and Westhampton Dunes. WHEREAS, pursuant to paragraph 9 of the Agreement, said Agreement automatically renews for participation CDBG program in successive three-year qualification periods unless the County or Municipality opts-out by written notice ; and WHEREAS, pursuant to paragraph 9 of the Agreement, the County and Municipality agrees to adopt any amendment to the Agreement necessary to meet HUD's current requirements for cooperation agreements; and WHEREAS, the County is in receipt of Notice CPD-14-07 issued April 2014, which requires such an amendment. NOW THEREFORE,the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Term of Agreement Shall be from April 1, 2015 thru March 31, 2017 and shall automatically renew for participation in successive three-year qualification periods as provided for in Paragraph 9 of the original Agreement, unless sooner terminated as provided for therein. 2 of 3 pages •, 3.` Definitions a. Action Plan-the one-year portion of the Consolidated Plan. b. Community Development Block Grant Program or CDBG Program - federal program created under the Housing and Community Development Act of 1974 and administered by HUD. The CDBG Program provides grant funds to local and state governments to be used to develop viable urban communities by providing decent housing with a suitable living environment and expanding economic opportunities to assist low and moderate-income residents. c. Community Development Agency- an agency responsible for administering and distributing community development funds received annually from HUD, as well as funds from local and state government and other sources. The Department serves as a Community Development Agency for the purposes of administering and distributing CDBG funds pursuant to this Agreement. d. Consortium- geographically contiguous units of general local government consolidated to be in a single unit of general local government for certain HUD program purposes when certain HUD requirements are met. e. Consolidated Plan -the document prepared by the Department and submitted to HUD describing the housing needs of the low- and moderate-income residents, outlining strategies to meet the needs and listing all resources available to implement the strategies. f. Suffolk County Consortium(HOME/CDBG —a consortium comprised of seven Suffolk County towns and ten Suffolk County villages, including the Towns of Brookhaven, East Hampton, Riverhead, Shelter Island, Smithtown, Southampton, and Southold and the Villages of Bellport, Lake Grove, Patchogue, Port Jefferson, The Branch, Sag Harbor, Shoreham, Southampton, Westhampton Beach, Westhampton Dunes and Town of Huntington(HOME only). g. Suffolk County Cooperation Agreement -the legally binding cooperation agreement executed by all members of the Suffolk County consortium, which contains all of the requirements as set forth in law, regulations, and HUD memorandums for retaining designation as a Consortium. 4. The Municipality agrees to the following amended provisions in compliance with current HUD requirements: The Municipality may not sell, trade or otherwise transfer all or any portion of such (Community Development Block Grant(CDBG or HOME) funds to a metropolitan city, urban county, unit of general local government, Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non- Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. 5. Agreement Continues,As Amended Except as herein amended, all other representations, terms and conditions of said Original Agreement, including any and all amendments or budget modifications executed prior to the date hereof, are hereby ratified and confirmed to be in full force and effect. 3 of 3 pages Rev.5-29-14 Law No.14-CD-088 Urban County Amendment IFMS No. SUFFOLK URBAN COUNTY COOPERATION AMENDMENT OF AGREEMENT This Amendment of Agreement, is between the County of Suffolk("County"),a municipal corporation of the State of New York,acting through its duly constituted Office of Community Development,("Department"),located at 100 Veterans Memorial Highway,P.O.Box 6100,Hauppauge,N.Y. 11788,and the Town of Southold"Municipality"), a municipal corporation duly organized and existing under the laws of the State of New York, located at P.O. Box 1179 Southold,NY 11971. The County is currently qualified as an Urban County by the U.S. Department of Housing and Urban Development(hereinafter referred to as "HUD");the parties hereto desire to cooperate to undertake,or assist in undertaking, community renewal and lower-income housing assistance activities. The parties hereto desire to amend the Original Agreement, last dated July 14, 1999,to renew for fiscal years 2015-2017; and to amend and add contract provisions in compliance with current HUD requirements; and the parties heretofore and henceforth have entered into a cooperative Agreement for said purposes. Term of Agreement: Shall be from April 1,2015 thru March 31, 2017 and shall automatically renew for participation in successive three-year qualification periods as provided for in Paragraph 9 of the original Agreement,unless sooner terminated as provided for therein. Terms and Conditions: Shall be as set forth in the Original Agreement and this Amendment of the Agreement In Witness Whereof, Town of Southold COUNTY OF SUFFOLK By: Q Scott A. ussell By: Supervisor Dennis M. Cohen Fed.Tax ID#1119 31 Chief Deputy County Executive Date: /y Date: Scott A. Russell, hereby certifies under penalties of perjury that I am an officer of the Town of Southold, that I have read and I am familiar with §A5-7 of Article V of the Suffolk County Code, and Approved: that theis all requ' ments to ualify for exe�pt�'�[n,thereunder. Office of Community Development Z� Date By:B Y Jill Rosen-Nikoloff Approved as to Legality: Director of Real Estate Dennis Brown Suffolk County Attorney Date: By: Bar Code#0026860 Samantha N.McEachin Assistant County Attorney Date: 1 of 3 pages Amendment WHEREAS, the County had applied to HUD for designation as a Urban County in 1999 in accordance with 24 CFR 570.307(a) of the Community Development Block Grant ("CDBG") regulations under Title I of the Housing and Community Development Act of 1974, as amended,Public Law 93-383 ("Acts"); and WHEREAS, HUD had approved the County's application for said designation and Suffolk County became a qualified Urban County and received an Entitlement Grant for Fiscal Years 2000,2001 and 2002; and WHEREAS, Suffolk County has successfully requalified as an Urban County for every three-year qualification period thereafter; and WHEREAS,pursuant to New York General Municipal Law §99h(2) as well as the authority given to the then Suffolk County Executive by resolution of the Suffolk County Legislature,had and continues to entered into cooperative agreements ("Agreement") for the purpose of establishing a consortium to undertake essential community development,housing assistance and HOME Investment Partnerships Program("HOME") activities authorized under the Acts; and WHEREAS,the Suffolk County Consortium was and continues to be comprised of seven Suffolk County towns and ten Suffolk County villages, including the Towns of Brookhaven, East Hampton, Riverhead, Shelter Island, Smithtown, Southampton, and Southold and the Villages of Bellport, Lake Grove, Patchogue, Port Jefferson, The Branch, Sag Harbor, Shoreham, Southampton, Westhampton Beach, and Westhampton Dunes. WHEREAS,pursuant to paragraph 9 of the Agreement, said Agreement automatically renews for participation CDBG program in successive three-year qualification periods unless the County or Municipality opts-out by written notice ; and WHEREAS,pursuant to paragraph 9 of the Agreement, the County and Municipality agrees to adopt any amendment to the Agreement necessary to meet HUD's current requirements for cooperation agreements; and WHEREAS,the County is in receipt of Notice CPD-14-07 issued April 2014, which requires such an amendment. NOW THEREFORE,the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Term of Agreement Shall be from April 1, 2015 thru March 31, 2017 and shall automatically renew for participation in successive three-year qualification periods as provided for in Paragraph 9 of the original Agreement, unless sooner terminated as provided for therein. 2 of 3 pages 3: Definitions a. Action Plan-the one-year portion of the Consolidated Plan. b. Community Development Block Grant Program or CDBG Program -federal program created under the Housing and Community Development Act of 1974 and administered by HUD. The CDBG Program provides grant funds to local and state governments to be used to develop viable urban communities by providing decent housing with a suitable living environment and expanding economic opportunities to assist low and moderate-income residents. c. Community Development Agency-an agency responsible for administering and distributing community development funds received annually from HUD, as well as funds from local and state government and other sources. The Department serves as a Community Development Agency for the purposes of administering and distributing CDBG funds pursuant to this Agreement. d. Consortium-geographically contiguous units of general local government consolidated to be in a single unit of general local government for certain HUD program purposes when certain HUD requirements are met. e. Consolidated Plan-the document prepared by the Department and submitted to HUD describing the housing needs of the low-and moderate-income residents, outlining strategies to meet the needs and listing all resources available to implement the strategies. E Suffolk County Consortium(HOME/CDBG) —a consortium comprised of seven Suffolk County towns and ten Suffolk County villages, including the Towns of Brookhaven, East Hampton, Riverhead,Shelter Island, Smithtown, Southampton, and Southold and the Villages of Bellport, Lake Grove, Patchogue, Port Jefferson, The Branch, Sag Harbor, Shoreham, Southampton, Westhampton Beach, Westhampton Dunes and Town of Huntington(HOME only). g. Suffolk County Cooperation Agreement -the legally binding cooperation agreement executed by all members of the Suffolk County consortium, which contains all of the requirements as set forth in law, regulations, and HUD memorandums for retaining designation as a Consortium. 4. The Municipality agrees to the following amended provisions in compliance with current HUD requirements: The Municipality may not sell, trade or otherwise transfer all or any portion of such (Community Development Block Grant(CDBG or HOME) funds to a metropolitan city, urban county, unit of general local government, Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non- Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. 5. Agreement Continues,As Amended Except as herein amended, all other representations,terms and conditions of said Original Agreement, including any and all amendments or budget modifications executed prior to the date hereof, are hereby ratified and confirmed to be in full force and effect. 3 of 3 pages RESOLUTION 2013-704 ADOPTED DOC ID: 9107 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-704 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 24,2013: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and the Suffolk County Office of Community Development, in connection with the 2013 Community Development Block Grant Program in the amount of$98,385.00, fully funded by the Department of Housing and Urban Development(HUD), subjecttothe approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans,Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Christopher Talbot Law No. ' IFMS No. Town of Southold/Community Development Block Grant AGREEMENT This Agreement, is between the County of Suffolk(the"County"),a municipal corporation of the State of New York, acting through its duly constituted Office of Community Development, (the "Department"), located at 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, N.Y. 11788, and the Town of Southold, (the "Contractor"), a municipal corporation under the laws of the State of New York, located at 53095 Main Road, Southold,NY 11971. The Contractor has heretofore expressed its desire to undertake or assist in undertaking essential community development and housing assistance activities as set forth in the Housing and Community Development Act of 1974, as amended (hereinafter referred to as "the Act"), as set forth in Article I entitled "Description of Services and Budget," attached.. The County has received and accepted a grant from the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") for the purposes of the Act pursuant to Suffolk County Resolution No.780-ZO/$and the parties desire to undertake various eligible activities under the Act; and the parties heretofore have entered into a cooperative Agreement for said purposes. Term of Agreement: Shall be from July 19, 2013 through July 19, 2015 and shall include two (2) one -year options to renew as provided in Paragraph 5 of Article 1, "Term," unless sooner terminated as provided for herein. Total Cost of Agreement: Shall not exceed$98,385.00,as further set forth in this Agreement. Terms and Conditions: Shall be set forth in Articles I through VII and Exhibits 1 through 9 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 Southold COUN F UFFOLK By: tars By: Scott A.R sell er l;,An ii, (?,r 1 Supervisor Dae Tax ID#11-640 3G9 Title: Deputy County Executive Scott A. Russell, hereby certifies under penalties of perjury that I am an Date:_ officer of the Town of Southold, that I have read and I am familiar with §A5-7 of Article V of the Suffolk County Code, and that the Town of Approved: Southold m all requents to qualify for ex prion thereunder. Office of Community Development Date 9 Ad By: Scott .Russell Jill sen-Nikolo Di ctor of Real Estate Approved as to Legality: Dennis M.Brown, uffolk Coun Attorney Date: 16'�� ; By: Jacqueline Caputi Assistant County Attorney Date: I 1115 � � lj Page 1 of 69 r UCo(u db2�jc� 0� Law No. IFMS No. Town of Southold/Community Development Block Grant List of Articles Article I Description of Services 1. Conflicting Provisions 2. Additional Definitions 3. Project Descriptions 4. Budget 5. Term Article II Definitions 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 f. Engineering Certificate 2. Termination a. Thirty Days Termination b. Event of Default: Termination on Notice c. Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger;No Oral Changes 8. 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 21. Copyrights and Patents a. Copyrights b. Patents 22. Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24.Notice Page 2 of 69 Law No. IFMS No. Town of Southold/Community Development Block Grant 25. Non-Discrimination in Services 26. Constitutional Prohibition 27. Obligations of Contractor With Respect to Certain Third-Party Relationships Article IV Suffolk County Legislative Requirements I. 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 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 f. Payments Contingent upon State/Federal Funding Page 3 of 69 Law No. IFMS No. Town of Southold/Community Development Block Grant g. Denial of Aid h. Budget i. Payment of Claims j. Payments Limited to Actual Net Expenditures k. Travel Costs 1. Attendance at Conferences in. Salaries n. Salary Increases o. Contractor Vacancies p. No Limitation on Rights q. Comptroller's Rules and Regulations Article VI: Federal Requirements 1. Grant Administration 2. County-Contractor Relationship 3. National Objectives 4. Performance 5. Citizen Participation 6. Flood Disaster Protection 7. Equal Employment Opportunity and Affirmative Action 8. Compliance with Section 3 of the Housing and Urban Development Act 9. Minority Business and Women's Business Enterprise 10. Lead Based Paint Hazard 11. Fire Prevention and Control Act 12. Federal Labor Standards Provisions 13. Compliance with Air and Water Acts 14. Relocation Assistance and Acquisition of Real Property 15. Consolidated Plan 16. Displacement 17. Books and Records of Accounting 18. Program Income 19. Real Property 20. Reversion of Assets 21. Procurement of Equipment Services, Supplies and Materials 22. Use of Federal Funds for Lobbying 23. Political Activities 24. Funding Identification 25. Offset of Arrears or Default 26. Force Majeure Article VII: Environmental Requirements Exhibits Exhibit 1 Project Description(s) Exhibit 2 Public Disclosure(Department to Indicate Exempt or Non-Exempt Exhibit 3 Union Certification(Department to Indicate Exempt or Non-Exempt_) Exhibit 4 Lawful Hiring Exhibit 5 Certification Regarding Lobbying Exhibit 6 Comptroller's Rules and Regulations Exhibit 7 Suffolk County Payment Voucher Page 4 of 69 Law No. IFMS No. Town of Southold/Community Development Block Grant Exhibit 8 County of Suffolk Consultant's Expense Summary Exhibit 9 County of Suffolk Consultant's Time Summary Page 5 of 69 Law No. IFMS No. Town of Southold/Community Development Block Grant Article I Description of Services and Budget WHEREAS, the County has applied to HUD for Community Development Block Grant ("CDBG") funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended, Public Law 93-383; and WHEREAS, HUD has approved the County's application for CDBG funds; and WHEREAS, as part of its submission to HUD, the Department included the Contractor's proposal to utilize CDBG funds for the projects contemplated by this Agreement; and WHEREAS, pursuant to Suffolk County Resolution cited on page one, the Suffolk County Legislature approved the allocation of a portion of the County's CDBG funds to the Contractor. NOW THEREFORE,the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Additional Definitions a. Action Plan-the one-year portion of the Consolidated Plan. b. Community Development Block Grant Program or CDBG Program - federal program created under the Housing and Community Development Act of 1974 and administered by HUD. The CDBG Program provides grant funds to local and state governments to be used to develop viable urban communities by providing decent housing with a suitable living environment and expanding economic opportunities to assist low- and moderate-income. c. Community Development Agency- an agency responsible for administering and distributing community development funds received annually from HUD, as well as funds from local and state government and other sources. The Department serves as a Community Development Agency for the purposes of administering and distributing CDBG funds pursuant to this Agreement. d. Consortium - geographically contiguous units of general local government consolidated to be in a single unit of general local government for certain HUD program purposes when certain HUD requirements are met. e. Consolidated Plan - the document prepared by the Department and submitted to HUD describing the housing needs of the low- and moderate-income residents, outlining strategies to meet the needs and listing all resources available to implement the strategies. E Suffolk County Consortium — a consortium comprised of seven Suffolk County towns and ten Suffolk County villages, including the Towns of Brookhaven, East Hampton, Riverhead, Shelter Page 6 of 69 Law No. IFMS No. Town of Southold/Community Development Block Grant Island, Smithtown, Southampton, and Southold and the Villages of Bellport, Lake Grove, Patchogue, Port Jefferson, The Branch, Sag Harbor, Shoreham, Southampton, Westhampton Beach, and Westhampton Dunes. g. Suffolk County Cooperation Agreement - the legally binding cooperation agreement executed by all members of the Suffolk County consortium, which contains all of the requirements as set forth in law, regulations, and HUD memorandums for retaining designation as a Consortium. 3. Project Descriptions Pursuant to this Agreement, the Contractor shall utilize CDBG funds for the projects listed below and as more particularly set forth in Exhibit 1 to this Agreement: a. Consortium Home Improvement Program — Project No. 100301-14A-13- Grants and deferred loans to low and moderate income homeowners for home improvements. b. FREE Facility Improvement — Project No. 104200-0313-13 — Repair/replace windows, flashing, siding and roofing of building that provides five apartments for developmentally disabled adults. c. Human Resource Center/Katrinka House—Project No. 104701-03C-13 —Installation of showers and bathrooms at two sites that serve as the Town's emergency shelter in the event of disasters. d. Robert Perry Child Day Care Center—Project No. 104901-05L-13 —Provision of safe and affordable child day care to low/moderate income families in the Greenport area. e. Community Action Southold Town - Project No. 105701-05-13 — Provision of emergency food, school supplies, furniture and clothing for low income families. E Maureen's Haven - Project No. 105801-05-13 — Program works with local churches to provide emergency homeless shelter and food to area residents experiencing homelessness. g. Administration—Project No. 029901-21A-12—Administrative costs associated with CDBG activities. 4. Budget The total cost of this Agreement shall not exceed $98,385.00. The individual CDBG projects contemplated by this Agreement are not to exceed the budgeted amounts set forth below. PROJECT PROJECT NUMBER BUDGET a. Consortium Home Improvement Program 100301-14A-13 $ 58,857.00 b. FREE Facility Improvement 104200-0313-13 $ 8,000.00 c. Human Resource Center/Katrinka House 104701-03C-13 $ 7,243.00 d. Robert Perry Child Day Care Center 104901-05L-13 $ 5,000.00 e. Community Action Southold Town 105701-05-13 $ 5,000.00 E Maureen's Haven 105801-05-13 $ 5,000.00 g. Administration 109901-21A-13 $ 9,285.00 Total CDBG amount: $ 98.385.00 Page 7 of 69 Law No. IFMS No. Town of Southold/Community Development Block Grant 5. Term Shall be as set forth on page 1 of this Agreement. The County shall have two (2) one-year options to renew this Agreement as follows: a. First Option to Renew Unless sooner terminated pursuant to the provisions herein, the first option to renew this Agreement for a one (1) year period shall automatically take effect on July 19, 2015 unless the County notifies the Contractor, in writing, by January 31, 2015, that the County is not exercising its option to renew. The County is under no obligation to renew this Agreement and may choose not to renew iff among other things, the Contractor is not in compliance with HUD rules, regulations and memorandum, including, but not limited to, the timely expenditure requirements set forth in Article VI. Paragraph 4 of this Agreement, entitled"Performance." b. Second Option to Renew Unless sooner terminated pursuant to the provisions herein, the second option to renew this Agreement for a one (1) year period shall automatically take effect on July 19, 2016 unless the County notifies the Contractor, in writing, by January 31, 2016 that the County is not exercising its option to renew. The County is under no obligation to renew this Agreement and may choose not to renew if, among other things, the Contractor is not in compliance with HUD rules, regulations and memorandum, including, but not limited to, the timely expenditure requirements set forth in Article VI, Paragraph 4 of this Agreement, entitled"Performance. c. Unexpended CDBG Funds If the County chooses not to exercise its option(s)to renew this Agreement, the Contractor shall not be entitled to the balance of any unexpended CDBG funds remaining as of the date the County notifies the Contractor of its determination not to exercise its option. Instead, the Department shall distribute such funds in its sole discretion, consistent with CDBG Program laws and regulations and state and local laws and regulations. End of Article I Page 8 of 69 Law No. IFMS No. Town of Southold/Community Development Block Grant Article II Definitions "Event of Default"means 1. Meanings of Terms a. the Contractor's failure to perform any duty required of it under paragraphs As used herein: 1(b)-(e)of Article III of the Contract; or "Audit of Financial Statements"means the examination by the Comptroller and any Federal or b. the Contractor's failure to maintain the State auditing authority of the financial statements of amount and types of insurance with an the Contractor resulting in the publication of an authorized insurer as required by the independent opinion on whether or not those financial Contract; or statements are relevant,accurate, complete,and fairly presented. C. the Contractor's failure to maintain insurance required by the Contract with "Budget"means the Contractor's summary or plan of all an insurer that has designated the New intended revenue,whether received in the form of fees, York Superintendent of Insurance as its grants,County funding, or any other source, and lawful agent for service of process; or expenditures necessary to render the Services. d. the Contractor's failure to comply with "Budget Deficiency Plan"means an analysis of the cost any Federal, State or local law, rule, or of the Services,changes in fiscal conditions, and regulation,and County policies or required modifications to the Contract to continue to directives; or render the Services. e. the Contractor's bankruptcy or "Comptroller"means the Comptroller of the County of insolvency; or Suffolk. E the Contractor's failure to cooperate in "Contract"means all terms and conditions of this an Audit of Financial Statements;or Contract,forming all rights and obligations of the Contractor and the County. g. the Contractor's falsification of records or reports,misuse of funds,or "Contractor"means the signatory corporation, its malfeasance or nonfeasance in financial officers, officials,employees, agents, servants,sub- record keeping arising out of,or in contractors, and any successor or assign of any one or connection with,any contract with the more of the foregoing performing the Services. County; or "County"means the County of Suffolk, its departments, h. the Contractor's failure to submit, or and agencies. failure to timely submit,documentation to obtain Federal or State funds; or "County Attorney"means the County Attorney of the County of Suffolk. i. the inability of the County or the Contractor to obtain Federal or State "Department"means the signatory department funds due to any act or omission of the approving the Contract. Contractor; or "Engineering Services"means the definition of the j. any condition that the County practice of engineering and the definition of practice of determines, in its sole discretion, is land surveying, as the case may be,under Section 7201 dangerous. and Section 7203 of the State Education Law, respectively. "Federal"means the United States government, its departments,and agencies. Page 9 of 69 importing persons shall include firms, associations, "Fringe Benefits"means non-wage benefits which partnerships(including limited partnerships),trusts, accompany,or are in addition to,a person's salary, such corporations, and other legal entities, including public as paid insurance, sick leave,profit-sharing plans,paid bodies,as well as natural persons,and shall include holidays, and vacations. successors and assigns. "Fund Source"means any direct or indirect sum Capitalized terms used, but not otherwise defined, payable to the Contractor by the County pursuant to any herein, shall have the meanings assigned to them in the lawful obligation. Contract. "Legislature"means the Legislature of the County of Suffolk. "Management Letter"means a letter certified as true by the Contractor's certified public accountant or chief financial officer of findings and recommendations for End of Text for Article II improvements in internal fiscal control that were identified during an Audit of Financial Statements,but which were not required to be included in an audit report. "Municipal Corporation"means a town, village,or school district. "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 effect or(ii)which have expired within the past twelve(12)months and have not been renewed. "Suffolk County Payment Voucher"means the document authorized and required by the Comptroller for release of 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 10 of 69 pages C. Notifications Article III General Terms and Conditions i.) The Contractor shall immediately notify the County, 1. Contractor Responsibilities in writing,of any disciplinary proceedings,commenced or a. Duties and Obligations pending,with any authority relating to a license held by any i.) It shall be the duty of the person necessary to qualify him, Contractor to discharge,or her,or the Contractor to cause to be discharged,all of its perform the Services. responsibilities,and to administer funds received in the ii.) In the event that a person is no interest of the County in longer licensed to perform the accordance with the provisions Services,the Contractor must of the Contract. immediately notify the County, but in no event shall such ii.) The Contractor shall promptly notification be later than five(5) take all action as may be days after a license holder has necessary to render the Services. lost the license required to qualify the license holder or the iii.) The Contractor shall not take Contractor to perform the any action that is inconsistent Services. with the provisions of the Contract. iii.) In the event that the Contractor is not able to perform the iv.) Services provided under this Services due to a loss of license, Contract shall be open to all the Contractor shall not be residents of the County. reimbursed for the Services rendered after the effective date b. Qualifications,Licenses,and of termination of such license. Professional Standards Without limiting the generality of the foregoing, if any part of i.) The Contractor represents and the Contract remains to be warrants that it has,and shall performed, and the termination continuously possess, during the of the license does not affect the Term,the required licensing, Contractor's ability to render education, knowledge, the Services,every other term experience, and character and provision of the Contract necessary to qualify it to render shall be valid and enforceable to the Services. the fullest extent permitted by law. ii.) The Contractor shall continuously have during the d. Documentation of Professional Term all required Standards authorizations, certificates, certifications,registrations, The Contractor shall maintain on file, in licenses, permits, and other one location in Suffolk County, all approvals required by Federal, records that demonstrate that it has State, County, or local complied with sub-paragraphs(b)and authorities necessary to qualify (c)above. The address of the location it to render the Services. of the aforesaid records and documents shall be provided to the County no later 11 of 69 pages than the date of execution of the of every person performing any Contract. Such documentation shall be Engineering Services. The failure to kept, maintained,and available for file, submit, or maintain the Certificate inspection by the County upon twenty- shall be grounds for rejection of any four(24)hours' notice. engineering work product submitted for approval. e. Credentialing 2. Termination i.) In the event that the Department,or any division a. Thirty Days Termination thereof, maintains a credentialing process to qualify The County shall have the right to the Contractor to render the terminate the Contract without cause, Services,the Contractor shall for any reason, at any time,upon such complete the required terms and conditions it deems credentialing process. In the appropriate,provided, however,that no event that any State credential, such termination shall be effective registration, certification or unless the Contractor is given at least license, Drug Enforcement thirty(30)days' notice. Agency registration, or Medicare or Medicaid b. Event of Default; Termination on certification is restricted, Notice suspended,or temporarily or permanently revoked, it is the i.) The County may immediately duty of the Contractor to contact terminate the Contract, for the Department, or division cause, upon such terms and thereof,as the case may be, in conditions it deems appropriate, writing,no later than three(3) in the Event of Default. days after such restriction, suspension,or revocation. ii.) If the Contractor defaults under any other provision of the ii.) The Contractor shall forward to Contract,the County may the Department, or division terminate the Contract, on not less than five(5)days' notice, thereof, as the case may be,on u or before July 1 of each year upon such terns and conditions during the Term, a complete list it deems appropriate. of the names and addresses of all persons providing the b. Termination Notice Services, as well their respective areas off certification, Any notice providing for termination credentialing, registration, and shall be delivered as provided for in licensing. paragraph 24 of this Article III. E Engineering Certificate C. Duties upon Termination In the event that the Contract requires i.) The Contractor shall discontinue any Engineering Services, the the Services as directed in the Contractor shall submit to the County, termination notice. no later than the due date for submission ii.) The County shall pay the for approval of any engineering work Contractor for the Services product, the Certificate of Authorization ("Certificate"), issued pursuant to rendered through the date of § 7210 of the New York Education Law, termination. 12 of 69 pages iii.) The County is released from any and proceeding arising out of or in connection all liability under the Contract, with any claim asserted for infringement effective as of the date of the of copyright. termination notice. C. The Contractor shall defend the County, iv.) Upon termination,the Contractor its agents, servants, officials, and shall reimburse the County the employees in any proceeding or action, balance of any funds advanced to including appeals,arising out of,or in the Contractor by the County no connection with,the Contract,and any later than thirty(30)days after copyright infringement proceeding or termination of the Contract. The action. At the County's option,the provisions of this subparagraph County may defend any such proceeding shall survive the expiration or or action and require the Contractor to pay termination of the Contract. reasonable attorneys' fees of salary costs of County employees of the Department of v.) Nothing contained in this Law for the defense of any such suit. paragraph shall be construed as a limitation on the County's rights 4. Insurance set forth in paragraph 8 of this Article III. a. The Contractor shall continuously maintain,during the Term of the Contract, 3. Indemnification and Defense insurance in amounts and types as follows: a. The Contractor shall protect, indemnify, and hold harmless the County, its agents, i.) Commercial General Liability servants, officials,and employees from insurance, including contractual and against all liabilities,fines, penalties, liability coverage, in an amount actions,damages, claims,demands, not less than Two Million Dollars judgments, losses, suits or actions,costs, ($2,000,000.00)per occurrence and expenses caused by the negligence or for bodily injury and Two Million any acts or omissions of the Contractor, Dollars($2,000,000.00)per including reimbursement of the cost of occurrence for property damage. reasonable attorneys'fees incurred by the The County shall be named an County, its agents, servants, officials, and additional insured. employees in any action or proceeding arising out of, or in connection with,the ii.) Automobile Liability insurance Contract. (if any vehicles are used by the Contractor in the performance of b. The Contractor hereby represents and the Contract)in an amount not warrants that it will not infringe upon any less than Five Hundred Thousand copyright in performing the Services. The Dollars($500,000.00)per person, Contractor agrees that it shall protect, per accident,for bodily injury and indemnify, and hold harmless the County, not less than One Hundred its agents, servants,officials,and Thousand Dollars($100,000.00) employees from and against all liabilities, for property damage per fines, penalties,actions, damages, claims, occurrence. demands,judgments, losses, suits or actions,costs,and expenses arising out of iii.) Workers' Compensation and any claim asserted for infringement of Employer's Liability insurance copyright, including reimbursement of the in compliance with all applicable cost of reasonable attorneys'fees incurred New York State laws and by the County, its agents, servants, regulations and Disability officials, and employees in any action or Benefits insurance, if required by 13 of 69 pages law. The Contractor shall furnish to the County,prior to its e. All evidence of insurance shall provide for the execution of the Contract,the County to be notified in writing thirty(30) documentation required by the days prior to any cancellation,nonrenewal,or State of New York Workers' material change in the policy to which such Compensation Board of coverage evidence relates. It shall be the duty of the or exemption from coverage Contractor to notify the County immediately pursuant to §§57 and 220 of the of any cancellation, nonrenewal, or material Workers' Compensation Law. In change in any insurance policy. accordance with General Municipal Law §108,the Contract f. In the event the Contractor shall fail to provide shall be void and of no effect evidence of insurance,the County may unless the Contractor shall provide the insurance required in such manner provide and maintain coverage as the County deems appropriate and deduct during the Term for the benefit of the cost thereof from a Fund Source. such employees as are required to be covered by the provisions of g. If the Contractor is a Municipal Corporation the Workers' Compensation Law. and has a self-insurance program under which it acts as a self-insurer for any of such required iv.) Professional Liability coverage,the Contractor shall provide proof, insurance in an amount not less acceptable to the County, of self-funded than Two Million Dollars coverage. ($2,000,000.00)on either a per- occurrence or claims-made 5. Independent Contractor coverage basis. The Contractor is not,and shall never be, b. The County may mandate an increase in the considered an employee of the County for any liability limits set forth in the immediately purpose. Notwithstanding anything contained in preceding paragraphs(4)(a)(i), (ii), and(iv). this Contract,the Contract shall not be construed as creating a principal-agent relationship between c. All policies providing such coverage shall the County and the Contractor or the Contractor be issued by insurance companies and the County, as the case may be. authorized to do business in New York with an A.M. Best rating of A-or better. 6. Severability d. The Contractor shall furnish to the County, It is expressly agreed that if any term or provision prior to the execution of the Contract, of this Contract, or the application thereof to any declaration pages for each policy of person or circumstance, shall be held invalid or insurance, other than a policy for unenforceable to any extent,the remainder of the commercial general liability insurance, and Contract,or the application of such term or upon demand,a true and certified original provision to persons or circumstances other than copy of each such policy evidencing those as to which it is held invalid or compliance with the aforesaid insurance unenforceable, shall not be affected thereby,and requirements. In the case of commercial every other term and provision of the Contract general liability insurance,the Contractor shall be valid and shall be enforced to the fullest shall furnish to the County, prior to the extent permitted by law. execution of the Contract,a declaration page or insuring agreement and endorsement page 7, Merger; No Oral Changes evidencing the County's status as an additional insured on said policy, and upon It is expressly agreed that the Contract represents demand, a true and certified original copy of the entire agreement of the parties and that all such policy evidencing compliance with the previous understandings are herein merged in the aforesaid insurance requirements. Contract. No modification of the Contract shall be 14 of 69 pages valid unless in written form and executed by both b. The Contractor shall not utilize criteria or parties. methods of administration which have the effect of subjecting individuals to 8. Set-Off Rights discrimination because of their race, creed,color,national origin, sex, age, The County shall have all of its common law, disability, sexual orientation,military equitable, and statutory rights of set-off. These status,or marital status, or have the effect rights shall include,but not be limited to,the of substantially impairing the Contract County's option to withhold from a Fund Source with respect to individuals of a particular an amount no greater than any sum due and owing race,creed,color, national origin,sex, to the County for any reason. The County shall age, disability, sexual orientation,military exercise its set-off rights subject to approval by the status,or marital status, in determining: County Attorney. In cases of set-off pursuant to a i.) the Services to be provided;or Comptroller's audit,the County shall only exercise such right after the finalization thereof, ii.) the class of individuals to whom, and only after consultation with the County or the situations in which,the Attorney. Services will be provided;or iii.) the class of individuals to be 9. Non-Discrimination in Services afforded an opportunity to receive the Services. a. The Contractor shall not,on the grounds of race, creed,color, national origin, sex, 10. Nonsectarian Declaration age, disability, sexual orientation,military status,or marital status The Services performed under the Contract are i.) deny any individual the Services secular in nature. No funds received pursuant to provided pursuant to the Contract; the Contract shall be used for sectarian purposes or or to further the advancement of any religion. The ii.) provide the Services to an Services will be available to all eligible individuals regardless of religious belief or individual that is different,or affiliation. provided in a different manner, from those provided to others 11. Governing Law pursuant to the Contract; or iii.) subject an individual to The Contract shall be governed by, and construed segregation or separate treatment in accordance with,the laws of the State of New in any matter related to the York,without regard to conflict of laws.Venue individual's receipt of the shall be designated in the Supreme Court, Suffolk Services provided pursuant to the County, the United States District Court for the Contract; or Eastern District of New York, or, if appropriate,a iv.) restrict an individual in any way court of inferior jurisdiction in Suffolk County. from any advantage or privilege enjoyed by others receiving the 12. No Waiver Services provided pursuant to the Contract; or It shall not be construed that any failure or forbearance of the County to enforce any V.) treat an individual differently provision of the Contract in any particular instance from others in determining or instances is a waiver of that provision. Such whether or not the individual provision shall otherwise remain in full force and satisfies any eligibility or other effect, notwithstanding any such failure or requirements or conditions which forbearance. individuals must meet in order to receive the Services provided pursuant to the Contract. 15 of 69 pages 13. Conflicts of Interest b. Such Assignment shall be subject to all of The Contractor shall not, during the Term,pursue the provisions of the Contract and to any a course of conduct which would cause a other condition the County requires. No reasonable person to believe that he or she is likely approval of any Assignment shall be to be engaged in acts that create a substantial construed as enlarging any obligation of conflict between its obligations under the Contract the County under the terms and provisions and its private interests. The Contractor is charged of the Contract. No Assignment of the with the duty to disclose to the County the Contract or assumption by any person of existence of any such adverse interests,whether any duty of the Contractor under the existing or potential. This duty shall continue as Contract shall provide for,or otherwise long as the Term. The determination as to whether be construed as,releasing the Contractor or when a conflict may potentially exist shall from any term or provision of the ultimately be made by the County Attorney after Contract. full disclosure is obtained. 17. Changes to Contractor 14. Cooperation on Claims a. The Contractor may,from time to time, The Contractor and the County shall render only with the County's written consent, diligently to each other,without compensation, enter into a Permitted Transfer. For any and all cooperation that may be required to purposes of the Contract,a Permitted defend the other party, its employees and Transfer means: designated representatives,against any claim, demand or action that may be brought against the i.) if the Contractor is a partnership, other party, its employees or designated the withdrawal or change,whether representatives arising out of, or in connection voluntary, involuntary or by with,the Contract. operation of law,of the partners, or transfer of partnership interests 15. Confidentiality (other than the purchase of partnership interests by existing Any document of the County,or any document partners, by the partnership itself created by the Contractor and used in rendering or the immediate family members the Services, shall remain the property of the by reason of gift, sale or devise), County and shall be kept confidential in or the dissolution of the accordance with applicable laws,rules, and partnership without immediate regulations. reconstitution thereof,and 16. Assignment and Subcontracting ii.) if the Contractor is a closely held corporation(i.e.whose stock is a. The Contractor shall not delegate its duties not publicly held and not traded under the Contract,or assign,transfer, through an exchange or over the convey, sublet,or otherwise dispose of the counter): Contract, or any of its right,title or interest therein,or its power to execute the 1. the dissolution,merger, Contract,or assign all or any portion of consolidation or other the monies that may be due or become due reorganization of the hereunder,(collectively referred to in this Contractor; and paragraph 16 as"Assignment"),to any other person,entity or thing without the 2. the sale or other transfer of prior written consent of the County,and twenty percent(20%)or more any attempt to do any of the foregoing of the shares of the Contractor without such consent shall be void ab (other than to existing initio. shareholders,the corporation 16 of 69 pages itself or the immediate family deny its consent to any request of a members of shareholders by Permitted Transfer within twenty(20) reason of gift, sale or devise). days after delivery to the County of the Transfer Notice, in accordance with the b. If the Contractor is a not-for-profit provisions of Paragraph 24 of Article III corporation, a change of twenty percent of the Contract. If the County shall not (20%)or more of its shares or members give written notice to the Contractor shall be deemed a Permitted Transfer. denying its consent to such Permitted Transfer(and setting forth the basis for C. The Contractor shall notify the County in such denial in reasonable detail)within writing, which notice(the"Transfer such twenty(20)-day period,then the Notice")shall include: County shall be deemed to have granted its consent to such Permitted Transfer. I.) the proposed effective date of the Permitted Transfer,which shall e. Notwithstanding the County's consent, not be less than thirty(30)days nor more than one hundred eighty i.) the terms and conditions of the (180)days after the date of Contract shall in no way be delivery of the Transfer Notice; deemed to have been waived or modified; and ii.) a summary of the material terms of the proposed Permitted ii.) such consent shall not be deemed Transfer; consent to any further transfers. iii.) the name and address of the 18. No Intended Third Party Beneficiaries proposed transferee; The Contract is entered into solely for the benefit iv.) such information reasonably of the County and the Contractor. No third party required by the County,which shall be deemed a beneficiary of the Contract and will enable the County to no third party shall have the right to make any determine the financial claim or assert any right under the Contract. responsibility,character,and reputation of the proposed 19. Certification as to Relationships transferee,nature of the proposed assignee/transferee's business and The Contractor certifies under penalties of perjury experience; that,other than through the funds provided in the Contract and other valid agreements with the V.) all executed forms required County,there is no known spouse, life partner, pursuant to Article 1V of the business, commercial,economic,or financial Contract,that are required to be relationship with the County or its elected submitted by the Contractor; and officials. The Contractor also certifies that there is no relationship within the third degree of vi.) such other information as the consanguinity,between the Contractor,any of its County may reasonably require. partners, members,directors,or shareholders owning five(5%)percent or more of the d. The County agrees that any request for its Contractor, and the County. consent to a Permitted Transfer shall be granted,provided that the transfer does 20. Publications not violate any provision of the Contract, and the transferee has not been convicted Any book,article,report or other publication or of a criminal offense as described under printed matter related to the Services provided Article II of Chapter 143 of the Suffolk pursuant to this Contract shall contain the County Code. The County shall grant or following statement in clear and legible print: 17 of 69 pages kept by this law on the construction site at all times. "This publication is fully or partially funded by the Employee sign-in sheets and register/log books County of Suffolk." shall be kept on the construction site at all times and all covered employees,as defined in the law, 21. Copyrights and Patents shall be required to sign such sign-in sheets/register/log books to indicate their presence a. Copyrights on the construction site during such working hours. If the work of the Contractor should result in the production of original books, 24. Notice manuals, films,or other materials for which a copyright may be granted,the Unless otherwise expressly provided,all notices Contractor may secure copyright shall be in writing and shall be deemed sufficiently protection. However,the County reserves given if sent by regular first class mail and to itself, and the Contractor hereby gives certified mail,or personally delivered during to the County, and to any other person business hours as follows: 1.)to the designated by the County,a royalty-free, Contractor at the address on page I of the Contract nonexclusive license to produce, and 2.)to the County at the Department,or as to reproduce, publish,translate, or otherwise either of the foregoing,to such other address as the use any such materials. addressee shall have indicated by prior written notice to the addressor. All notices received by b. Patents the Contractor relating to a legal claim shall be immediately sent to the Department and also to the If the Contractor makes any discovery or County Attorney at H. Lee Dennison Building, invention during the Term,as a result of 100 Veterans Memorial Highway, P.O. Box 6100, work performed under the Contract,the (Sixth Floor), Hauppauge,New York, 11788- Contractor may apply for and secure for 0099. itself patent protection. However,the County reserves to itself,and the 25. Non-Discrimination In Services Contractor hereby gives to the County, and to any other person designated by the This Agreement is subject to the requirements of County, a royalty-free, nonexclusive Title VI of the Civil Rights Act of 1964(P.L. license to produce or otherwise use any 88-352)and HUD regulations with respect item so discovered or patented. thereto including the regulations under 24 CFR Part I. No person in the United States shall, on 22. Arrears to County the grounds of race,color, religion, sex, sexual orientation,age, creed,ancestry,disability or Contractor warrants that,except as may otherwise other handicap or marital/f unilial status, be authorized by agreement, it is not in arrears to military status or national origin,be excluded the County upon any debt,contract, or any other from participation in,be denied the benefits of, lawful obligation,and is not in default to the or be subjected to discrimination under any County as surety. program or activity receiving Federal financial assistance. 23. Lawful Hiring of Employees Law in Connection with Contracts for This Agreement is also subject to the Construction or Future Construction requirements of Title VIII of the Civil Rights Act of 1968,known as the"Fair Housing Act", In the event that the Contract is subject to the which provides that it is the policy of the United Lawful Hiring of Employees Law of the County States to provide,within constitutional of Suffolk, Suffolk County Code Chapter 234, as limitations, fair housing throughout the United more fully set forth in the Article entitled "Suffolk States, and prohibits any person from County Legislative Requirements,"the Contractor discriminating in the sale or rental of housing, shall maintain the documentation mandated to be the financing of housing,or the provision of 18 of 69 pages brokerage services, including in any way making and regulations and shall include the following unavailable or denying a dwelling to any person, provisions in a written agreement: because of race,color,religion, sex, sexual orientation, age,creed, ancestry, disability or a) A description of each task to be other handicap or undertaken by the subrecipient, a marital/familial status, military status or national schedule for completing each task and a origin. The Contractor is required to administer budget for each task. all programs and activities related to housing and community development in a manner to b) Specification of records,reports and affirmatively further fair housing. data to be maintained or submitted. In addition,the Contractor must make c) A statement that all repayments are to Community Development funds available in be returned to the Contractor. accordance with the Fair Housing Act, Executive Order 11063,as amended by d) Requirement of compliance with Executive Order 12259(Equal Opportunity in applicable OMB Circulars. Housing),Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975,the e) Compliance with the following Federal Americans With Disabilities Act of 1990, law and regulations: Section 504 of the Rehabilitation Act of 1973, and the requirements of Executive Order 11246 1) Public Law 88-352 the Civil (Equal Employment Opportunity), as amended Rights Act of 1964 and Public by Executive Orders 11375 and 12086. Law 90-284 known as the Fair Housing Act. 26. Constitutional Prohibition 2) Section 109 of the Act requiring In accordance with First Amendment Church that no person be excluded from and State Principles,the Contractor shall comply participation or denied benefits, with 24 CFR 570.2000)of the federal or be subjected to discrimination regulations regarding the use of Community on the grounds of race,color, Development funds by religious organizations national origin, sex,creed, and CPD Notice 04-10. ancestry, disability or other handicap or marital/familiar status. 27. Obligations of Contractor With Respect to 3) Section 110 of the Act regarding Certain Third-Party Relationships labor standards for contractor or subcontractors performing construction The Contractor shall remain fully obligated work. under the provisions of this Contract, q) Section 202(a)of the Flood notwithstanding its designation of any third Disaster Protection Act of 1973. party or parties for the undertaking of all or any part of the program for which assistance is being 5) Executive Order 11246 which provided under this Contract to the Contractor. prohibits discrimination in The Contractor shall comply with all lawful employment and Section 3 of requirements applicable to the County as the applicant under the National Affordable Housing the Housing and Urban Act of 1990, as amended. Development Act of 1968 regarding the provision of employment to low income Any contract between the Contractor and a third- persons residing within party subrecipient shall be in compliance with the boundaries of the all applicable Federal, state, and local laws, rules Consortium. 19 of 69 pages Congress,an officer or 6) 42 U.S.C. 3535(d)4821 and employee of Congress,or an 4851 of the Lead-Base Paint employee of a Member of Poisoning Prevention Act. Congress in connection with the awarding of any Federal 7) 24 CFR Part 24 prohibiting the contract, the making of any use of debarred, suspended or Federal grant,the making of any ineligible Contractor or Federal loan,the entering into subrecipients. of any cooperative Contract,and the extension, continuation, 8) 24 CFR Part 570.511 renewal, amendment, or regulations prohibiting persons modification of any Federal receiving benefits who have a contract,grant, loan, or conflict of interest. cooperative Contract. 9) 24 CFR Part 570.2000)which 2) If any funds other than Federal prescribes the use of NSP funds appropriated funds have been by religious organizations. paid or will be paid to any person for influencing or f) Indication that the Contract may be attempting to influence an terminated for default, inability, or officer or employee of any failure to perform. agency,a Member of Congress, an officer or employee of g) Requirement that any NSP funds on Congress, or an employee of a hand or accounts receivable at the time Member of Congress in of termination shall be returned to the connection with this Federal Contractor. contract,grant, loan, or cooperative Contract,the h) Provision to ensure that: subrecipient shall complete and submit Standard Form-LLL, 1) No Federal appropriated funds "Disclosure Form to Report have been paid or will be paid, Lobbying", in accordance with by or on behalf of the its instructions. subrecipient,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of End of Text for Article III 20 of 69 pages Article IV Under the provisions of the Living Wage Law, Suffolk County Legislative Requirements the County shall have the authority, under appropriate circumstances,to terminate the 1. Contractor's/Vendor's Public Disclosure Contract and to seek other remedies as set forth Statement therein, for violations of this Law. It shall be the duty of the Contractor to read, Required Forms: become familiar with, and comply with the requirements of section A5-7 of Article V of the Suffolk County Living Wage Form LW-1; Suffolk County Code. entitled"Suffolk County Department of Labor— Living Wage Unit Notice of Application for Unless certified by an officer of the Contractor County Compensation(Contract)." as being exempt from the requirements of section A5-7 of Article V of the Suffolk County Suffolk County Living Wage Form LW-38; Code,the Contractor represents and warrants entitled"Suffolk County Department of Labor— that it has filed with the Comptroller the verified Living Wage Unit Living Wage public disclosure statement required by Suffolk Certification/Declaration—Subject To Audit." County Administrative Code Article V, section A5-7 and shall file an update of such statement 3. Use of County Resources to Interfere with with the Comptroller on or before the 31 st day Collective Bargaining Activities of January in each year of the Contract's duration. The Contractor acknowledges that It shall be the duty of the Contractor to read, such filing is a material,contractual and become familiar with, and comply with the statutory duty and that the failure to file such requirements of Article I of Chapter 803 of the statement shall constitute a material breach of Suffolk County Code. the Contract, for which the County shall be entitled, upon a determination that such breach County Contractors(as defined by section 803- has occurred,to damages, in addition to all other 2)shall comply with all requirements of Chapter legal remedies,of fifteen percent(15%)of the 803 of the Suffolk County Code, including the amount of the Contract. following prohibitions: a. The Contractor shall not use County funds to Required Form: assist,promote, or deter union organizing. Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure b. No County funds shall be used to reimburse the Statement" Contractor for any costs incurred to assist, 2. Living Wage Law promote,or deter union organizing. C. No employer shall use County property to hold a It shall be the duty of the Contractor to read, meeting with employees or supervisors if the become familiar with,and comply with the purpose of such meeting is to assist,promote,or requirements of Chapter 575, of the Suffolk deter union organizing. County Code. If the Services are performed on County This Contract is subject to the Living Wage Law property,the Contractor must adopt a reasonable of the County of Suffolk. The law requires that, access agreement,a neutrality agreement, fair unless specific exemptions apply, all employers communication agreement,non-intimidation (as defined)under service contracts and agreement, and a majority authorization card recipients of County financial assistance,(as agreement. defined)shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually If the Services are for the provision of human pursuant to the terms of the Suffolk County services and are not to be performed on County Living Wage Law of the County of Suffolk. 21 of 69 pages property,the Contractor must adopt,at the least, the case may be,that are assigned to perform a neutrality agreement. work in connection with a County contract, subcontract, license agreement, lease or other Under the provisions of Chapter 803,the County financial compensation agreement issued by the shall have the authority, under appropriate County or awarding agency,where such circumstances,to terminate the Contract and to compensation is one hundred percent(100%) seek other remedies as set forth therein, for funded by the County, shall submit to the violations of this Law. covered employer a completed sworn affidavit (under penalty of perjury),the form of which is Required Form: attached, certifying that they have complied, in Suffolk County Labor Law Form DOL-LO I; good faith,with the requirements of Title 8 of entitled"Suffolk County Department of Labor— the United States Code Section 1324a with Labor Mediation Unit Union Organizing respect to the hiring of covered employees and Certification/Declaration- Subject to Audit." with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized 4. Lawful Hiring of Employees Law representative of the contractor, subcontractor, or owner, as the case may be; shall be part of It shall be the duty of the Contractor to read, any executed contract,subcontract, license become familiar with, and comply with the agreement, lease or other financial compensation requirements of Article II of Chapter 353 of the agreement between the covered employer and Suffolk County Code. the County; and 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 provides that all covered employers, such employer, owner,contractor and subcontractor no later than January 1 of each defined),and the owners thereof,as thehe case year for the duration of any contract and upon may that are recipients of compensation from the renewal or amendment of the Contract,and the County nty through any grant, loan, subsidy, whenever a new contractor or subcontractor is funding,appropriation, payment,tax incentive, hired under the terms of the Contract. contract, subcontract, license agreement, lease or other financial compensation agreement issued The Contractor acknowledges that such filings by the County or an awarding agency, where are a material,contractual and statutory duty and such compensation is one hundred percent that the failure to file any such statement shall completed sworn affidavit(under penalty of (100%)funded by the County, shall submit a constitute a material breach of the Contract. pedury),the form of which is attached, Under the provisions of the Lawful Hiring of certifying that they have complied, in good faith, Employees Law,the County shall have the with the requirements of Title 8 of the United authority to terminate the Contract for violations States Code Section 1324a with respect to the of this Law and to seek other remedies available hiring of covered employees(as defined)and under the law. with respect to the alien and nationality status of the owners thereof. The affidavit shall be The documentation mandated to be kept by this executed by an authorized representative of the law shall at all times be kept on site. Employee covered employer or owner,as the case may be; sign-in sheets and register/log books shall be shall part of any executed contract, kept on site at all times during working hours subcontract, ract, license agreement, lease the other and all covered employees,as defined in the financial compensation agreement withlaw, shall be required to sign such sign-in County; and shall be made available to the sheets/register/log books to indicate their public upon request. presence on the site during such working hours. All contractors and subcontractors(as defined) Required Forms: of covered employers,and the owners thereof, as 22 of 69 pages It shall be the duty of the Contractor to read, Suffolk County Lawful Hiring of Employees become familiar with, and comply with the Law Form LHE-1;entitled"Suffolk County requirements of Article II of Chapter 880 of the Department of Labor—Notice Of Application Suffolk County Code. To Certify Compliance With Federal Law(8 U.S.C. Section 1324a)With Respect To Lawful The Contractor shall comply with Article 11 of Hiring of Employees." Chapter 880,of the Suffolk County Code, entitled"Child Sexual Abuse Reporting Policy," Suffolk County Lawful Hiring of Employees as now in effect or amended hereafter or of any Law Form LHE-2; entitled"Affidavit Of other Suffolk County Local Law that may Compliance With The Requirements Of 8 become applicable during the term of the U.S.C. Section 1324a With Respect To Lawful Contract with regard to child sexual abuse Hiring Of Employees" reporting policy. 5. Gratuities 8. Non Responsible Bidder It shall be the duty of the Contractor to read, It shall be the duty of the Contractor to read, become familiar with, and comply with the become familiar with,and comply with the requirements of Chapter 664 of the Suffolk requirements of Article II of Chapter 189 of the County Code. Suffolk County Code. The Contractor represents and warrants that it Upon signing the Contract,the Contractor has not offered or given any gratuity to any certifies that it has not been convicted of a official, employee or agent of the County or the criminal offense within the last ten(10)years. State or of any political party,with the purpose The term"conviction'shall mean a finding of or intent of securing an agreement or securing guilty after a trial or a plea of guilty to an favorable treatment with respect to the awarding offense covered under section 189-5 of the or amending of an agreement or the making of Suffolk County Code under"Nonresponsible any determinations with respect to the Bidder." performance of an agreement. 9. Use of Funds in Prosecution of Civil 6. Prohibition Against Contracting with Actions Prohibited Corporations that Reincorporate Overseas It shall be the duty of the Contractor to read, It shall be the duty of the Contractor to read, become familiar with, and comply with the become familiar with, and comply with the requirements of Article III of Chapter 893 of the requirements of sections A4-13 and A4-14 of Suffolk County Code. Article W of the Suffolk County Code. The Contractor shall not use any of the moneys, in part or in whole, and either directly or The Contractor represents that it is in indirectly, received under the Contract in compliance with sections A4-13 and A4-14 of connection with the prosecution of any civil Article IV of the Suffolk County Code. Such action against the County in any jurisdiction or law provides that no contract for consulting any judicial or administrative forum. services or goods and services shall be awarded 10. Youth Sports by the County to a business previously incorporated within the U.S.A.that has It shall be the duty of the Contractor to read, reincorporated outside the U.S.A. become familiar with, and comply with Article III of Chapter 730 of the Suffolk County Code. 7. Child Sexual Abuse Reporting Policy All contract agencies that conduct youth sports programs are required to develop and maintain a 23 of 69 pages 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, grant or funding. Receipt of such plan or policy by the County does not represent approval or endorsement of any such plan or policy,nor shall the County be subject to any liability in connection with any such plan or policy. 11. Work Experience Participation If the Contractor is a not-for-profit or governmental agency or institution,each of the Contractor's locations in the County at which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to Chapter 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 24 of 69 pages Article V pursuant to New York State General General Fiscal Terms and Conditions Construction Law §46 by duly authorized persons,and certification of 1. General Payment Terms such authorization with certified specimen signatures thereon must be In addition to such specific payment terms as filed with the County by a Contractor maybe set forth elsewhere in this Agreement,the official empowered to sign the Contract. Contractor shall abide by the following: Disbursements made by the Contractor in accordance with the Contract and a. Presentation of Suffolk County submitted for reimbursement must be Payment Voucher documented and must comply with accounting procedures as set forth by In order for payment to be made by the the Suffolk County Department of Audit County to the Contractor for the and Control. Documentation, including Services,the Contractor shall prepare any other form(s)required by County or and present a Suffolk County Payment the Suffolk County Department of Audit Voucher,which shall be documented by and Control, shall be furnished to the sufficient,competent and evidential County pursuant to,and as limited by, matter. the Regulations for Accounting Procedures for Contract Agencies of the b. Voucher Documentation Suffolk County Department of Audit and Control. In addition to any other The Suffolk County Payment Voucher remedies that the County may have, shall list all information regarding the failure to supply the required Services and other items for which documentation will disqualify the expenditures have been or will be made Contractor from any further County in accordance with the Contract. Either contracts. upon execution of the Contract(for the Services already rendered and C. Payment by County expenditures already made), or not more than thirty(30)days after the Payment by the County shall be made expenditures were made, and in no event after the 31 s`day of January following within thirty(30)days after approval of the end of each year of the Contract,the the Suffolk County Payment Voucher by Contractor shall furnish the County with the Comptroller. detailed documentation in support of the d. Budget ModiTcation payment for the Services or expenditures under the Contract e.g. dates of the Service,worksite locations, i.) The parties shall use the activities,hours worked,pay rates and Contract Budget Modification all program Budget categories. The Request form(("Budget Suffolk County Payment Voucher shall Modification for revisions to include time records,certified by the the Budget and Services not Contractor as true and accurate, of all personnel for whom expenditures are involving an increase to the total claimed during the period. Time and cost of the Contract. The attendance records of a project director, Contractor shall submit to the if any, shall be certified by the County the Budget Modification Chairperson, President or other proposed revisions for either designated member of the Board of Budget or the Services. Such Directors of the Contractor. All Suffolk request must be made in County Payment Vouchers must bear a advance of incurring any signature as that term is defined 25 of 69 pages expenditure for which the not be effective until the Budget revision is needed. /Services Revisions is completely executed. ii.) When the County and the f. Taxes Contractor agree as to such revisions,the Contractor shall The charges payable to the Contractor execute the Budget under the Contract are exclusive of Modification form. The federal, state, and local taxes,the Contractor shall return it to the County being a municipality exempt County for execution. from payment of such taxes. iii.) Upon complete execution of the g, Final Voucher Budget Modification form,the County shall return a copy to The acceptance by the Contractor of the Contractor. The revision payment of all billings made on the final shall not be effective until the approved Suffolk County Payment Budget Modification is Voucher shall operate as and shall be a completely executed. release of the County from all claims by iv.) The Budget Modification form the Contractor. may be submitted only twice per calendar year and may only be 2. Subject to Appropriation of Funds submitted prior to November 15thof that year. a. The Contract is subject to the amount of e. Budget and/or Services Revisions funds appropriated each fiscal year and any subsequent modifications thereof by the County Legislature and no liability i.) The parties shall use the shall be incurred by the County beyond Contract Budget/Services the amount of funds appropriated each Revision Approval Form fiscal year by the County Legislature for (Budget/Services Revisions)for the Services. revisions to the Budget and b. If the County fails to receive Federal or Services involving any change State funds originally intended to pay to the total cost of the Contract due to a resolution of the for the Services,or to reimburse the Legislature, changes to the County, in whole or in part, for County's adopted annual payments made for the Services,the budget, or for any other reason County shall have the sole and exclusive necessitating revisions to the right to: Budget or Services. i.) determine how to pay for the ii.) When the County and the Services; Contractor agree as to such revisions,the Contractor shall ii.) determine future payments to execute the Budget/Services the Contractor; and Revisions form. The Contractor shall return it to the County. iii.) determine what amounts, if any, are reimbursable to the County by the Contractor and the terms iii.) Upon complete execution of the and conditions under which form by the parties,the County such reimbursement shall be shall return a copy to the paid. Contractor. The revision shall 26 of 69 pages C. The County may,during the Term, may be promulgated by the Suffolk impose a Budget Deficiency Plan. In County Department of Audit and the event that a Budget Deficiency Plan Control and the Department. The is imposed,the County shall promptly Contractor shall permit inspection and notify the Contractor in writing of the audit of such accounts, books,records, terms and conditions thereof,which documents and other evidence by the shall be deemed incorporated in and Department and the Suffolk County made a part of the Contract,and the Comptroller,or their representatives,as Contractor shall implement those terms often as, in their judgment, such and conditions in no less than fourteen inspection is deemed necessary. Such (14)days. right of inspection and audit as set forth in subparagraph b. below shall exist during the Term and for a period of 3. Personnel Salaries,Pension and Employee seven(7)years after expiration or Benefit Plans,Rules and Procedures termination of the Contract. a. Upon request,the Contractor shall b. The Contractor shall retain all accounts, submit to the County a current copy, books,records, and other documents certified by the Contractor as true and relevant to the Contract for seven(7) accurate, of its years after final payment is made by the County. Federal, State,and/or County i.) salary scale for all positions auditors and any persons duly listed in the Budget; authorized by the County shall have full access and the right to examine any of ii.) personnel rules and procedures; said materials during said period. Such access is granted notwithstanding any iii.) pension plan and any other exemption from disclosure that may be employee benefit plans or claimed for those records which are arrangements. subject to nondisclosure agreements, trade secrets and commercial b. The Contractor shall not be entitled to information or financial information that reimbursement for costs under any is privileged or confidential. pension or benefit plan the Comptroller c. The Contractor shall utilize the accrual deems commercially unreasonable. basis of accounting and will submit all C. Notwithstanding anything in this financial reports and claims based on paragraph 3 of this Article V,the this method of accounting during the County shall not be limited in requesting Term. such additional financial information it deems reasonable. 5. Audit of Financial Statements 4. Accounting Procedures a. All payments made under the Contract are subject to audit by the Comptroller a. The Contractor shall maintain accounts, pursuant to Article V of the Suffolk books, records, documents,other County Charter. The Contractor further agrees that the Comptroller and the evidence, and accounting procedures and practices which sufficiently and Department shall have access to and the properly reflect all direct and indirect right to examine,audit,excerpt,copy or costs of any nature expended in the transcribe any pertinent transactions or performance of the Contract, in other records relating to services under accordance with generally accepted the Contract. If such an audit discloses accounting principles and with rules, overpayments by the County to the regulations and financial directives,as Contractor,within thirty(30)days after the issuance of an official audit report 27 of 69 pages by the Comptroller or his duly i.) a current license issued designated representatives,the by the New York State Contractor shall repay the amount of Education Department; such overpayment by check to the order ii.) sufficient auditing of the Suffolk County Treasurer or shall experience in the not- submit a proposed plan of repayment to for-profit,governmental the Comptroller. If there is no response, or if satisfactory repayments are not or profit-making areas, made,the County may recoup as applicable; and overpayments from any amounts due or iii.) a satisfactory peer becoming due to the Contractor from the review issued within not County under the Contract or otherwise. more than three(3) years prior to the date b. The provisions of this paragraph shall when the Auditor was survive the expiration or termination of selected to conduct the the Contract. audit. C. The audit must be conducted in 6. Financial Statements and Audit accordance with generally accepted Requirements governmental auditing standards. Financial statements must clearly a. Notwithstanding any other reporting or differentiate between County-funded certification requirements of Federal, programs and other programs that the State,or local authorities,the Contractor Contractor may be operating. The use shall obtain the services of an of subsidiary schedules should be independent licensed public accountant encouraged for this purpose. The or certified public accountant(the Auditor must also prepare a "Auditor")to audit its financial Management Letter based on the audit. statements for each Contractor's"fiscal year"in which the Contractor has d. In the event the Contractor is a not-for- received,or will receive,three hundred profit organization or unit of local thousand($300,000.00)dollars or more government and expends five hundred from the County,whether under the thousand($500,000.00)dollars or more Contract or other agreements with the of Federal monies,whether as a County, and shall submit a report to the recipient expending awards received County on the overall financial directly from Federal awarding condition and operations of the agencies, or as a subrecipient expending Contractor, including a balance sheet Federal awards received from a pass- and statement of income and expenses, through entity, such as New York State attested by the Auditor as fairly and or Suffolk County, during any fiscal accurately reflecting the accounting year within which it receives funding records of the Contractor in accordance under the Contract,the audit must be with generally accepted accounting conducted,and the audit report("Single principles. The Contractor may solicit Audit Report")must be, in accordance requests for proposals from a number of with OMB Circular No. A-133 (revised qualified accounting firms and review June 27, 2003). Single Audit Reports carefully the costs of, and qualifications must also be submitted to the designated for,this type of work before selecting clearinghouse, cognizant agency and/or the Auditor. pass-through entity,to the extent b. The Auditor should be required to meet required by the OMB Circular referred the following minimum requirements: to above. e. The Contractor must submit to the County a statement in writing,certified 28 of 69 pages by its chief financial officer,which equipment valued in excess of one states the amount of Federal funding thousand dollars($1,000.00)per unit for expended by the Contractor during such which the Contractor will seek fiscal year. The Contractor must mail or reimbursement from the County,the deliver the certified statement to the Contractor shall submit to the County a Department and to the Executive written request for approval to make Director of Auditing Services, Suffolk such a proposed purchase, rental or County Department of Audit and lease,with a list showing the quantity Control,H.Lee Dennison Building, 100 and description of each item, its Veterans Memorial Highway, P. O. Box intended location and use,estimated unit 6100,Hauppauge,New York price or cost, and estimated total cost of 11788-0099,as soon as possible after the proposed order. Written approval of the end of the Contractor's fiscal year. the County shall be required before the The statement must include all Federal Contractor may proceed with such funding received directly from the proposed purchase,rental or lease of Federal government and all Federal furniture,fixtures or equipment. All funds passed through from the County items purchased must be new or like and other pass-through entities. new unless specifically described E Copies of all financial statements, otherwise in the Budget. Management Letters, Single Audit Reports and other audit reports must be b. Purchase Practices/Proprietary transmitted to the County and to the Interest of County Executive Director of Auditing Services i.) The Contractor shall follow the at the address set forth above. The reports must be submitted within thirty general practices that are (30)days after completion of the audit, designed to obtain furniture, but in no event later than nine(9) fixtures,equipment,materials, months after the end of the Contractor's or supplies at the most fiscal year,to which the audit relates. reasonable price or cost possible. g. These requirements do not preclude the County,the Comptroller, or their ii.) The County reserves the right to authorized representatives, or Federal or purchase or obtain furniture, State auditors from auditing all records fixtures,equipment,materials, of the Contractor. Therefore,the or supplies for the Contractor in records of the Contractor must be made accordance with the available to authorized representatives programmatic needs of the of Federal, State and County Contract. If the County government for that purpose. exercises this right,the amount h. The provisions of this paragraph shall budgeted for the items so survive the expiration or termination of purchased or obtained by the the Contract. County for the Contractor shall not be available to the 7. Furniture,Fixtures,Equipment, Contractor for any purposewhatsoever. Title to any such Materials,Supplies items purchased or otherwise obtained by the County for the a. Purchases,Rentals or Leases programs encompassed by the Contract and entrusted to the Requiring Prior Approval Contractor, shall remain in the County. Prior to placing any order to purchase, rent or lease any furniture, fixtures, or 29 of 69 pages iii.) The County shall retain a inventory records. A report setting forth proprietary interest in all the results of such physical count shall furniture,removable fixtures, be prepared by the Contractor on a form equipment, materials,and or forms designated by the County, supplies purchased or obtained certified and signed by an authorized by the Contractor and paid for official of the Contractor,and one(1) or reimbursed to the Contractor copy thereof shall be delivered to the pursuant to the terms of the County within five(5)days after the Contract or any prior agreement date set for the aforesaid physical count. between the parties. Within five(5)days after the termination or expiration date of the iv.) The Contractor shall attach Contract,the Contractor shall submit to labels indicating the County's the County six(6)copies of the same proprietary interest or title in all report updated to such date of the such property. Contract,certified and signed by an authorized official of the Contractor, c. County's Right to Take Title and based on a physical count of all items of Possession furniture,removable fixtures and equipment on the aforesaid expiration Upon the termination or expiration of date,and revised, if necessary,to the Contract or any renewal thereof,the include any inventory changes during discontinuance of the business of the the last three(3)months of the Term. Contractor,the failure of the Contractor to comply with the terms of the e. Protection of Property in Contract,the bankruptcy of the Contractor's Custody Contractor, an assignment for the benefit of its creditors, or the failure of The Contractor shall maintain vigilance the Contractor to satisfy any judgment and take all reasonable precautions to against it within thirty(30)days of filing protect the furniture,fixtures, of the judgment,the County shall have equipment,material or supplies in its the right to take title to and possession custody against damage or loss by fire, of all furniture, removable fixtures, burglary,theft, disappearance, equipment,materials,and supplies and vandalism, or misuse. In the event of the same shall thereupon become the burglary,theft,vandalism,or property of the County without any disappearance of any item of furniture, claim for reimbursement on the part of fixtures,equipment,material or the Contractor. supplies,the Contractor shall immediately notify the police and make d. Inventory Records, Controls and a record thereof, including a record of Reports the results of any investigation which may be made thereon. In the event of The Contractor shall maintain proper loss of or damage to any item of and accurate inventory records and furniture,fixtures,equipment,materials, controls for all such furniture, or supplies from any cause,the removable fixtures and equipment Contractor shall immediately send the acquired pursuant to the Contract and all County a detailed written report thereon. prior agreements between the parties, if any. Three(3)months before the f. Disposition of Property in expiration date of the Contract,the Contractor's Custody Contractor shall make a physical count of all items of furniture, removable Upon termination of the County's fixtures and equipment in its custody, funding of any of the Services covered checking each item against the aforesaid by the Contract,or at any other time that 30 of 69 pages the County may direct, the Contractor Payment by the County for the Services shall make access available and render shall not duplicate payment received by all necessary assistance for physical the Contractor from any other source. removal by the County or its designee of any or all furniture,removable fixtures, C. Funding Identification equipment,materials or supplies in the Contractor's custody in which the County has a proprietary interest, in the The Contractor shall promptly submit to same condition as such property was the County upon request,a schedule for received by the Contractor,reasonable all programs funded by the County, wear and tear excepted. Any itemizing for each such program the disposition, settlements or adjustments sums received,their source and the total connected with such property shall be in program budget. accordance with the rules and regulations of the County and the State d. Outside Funding for Non-County of New York. Funded Activities 8. Lease or Rental Agreements Notwithstanding the foregoing provisions of the Contract, it is the If lease payments or rental costs are included in intent of the County that the terms and the Budget as an item of expense reimbursable conditions of the Contract shall not limit by the County,the Contractor shall promptly the Contractor from applying for and submit to the County,upon request, any lease or accepting outside grant awards or from rental agreement. If during the Term, the providing additional educational Contractor shall enter into a lease or rental activities/services which may result in agreement,or shall renew a lease or rental the Contractor incurring additional agreement,the Contractor shall,prior to the costs, as long as the following execution thereof, submit such lease or rental conditions are met: agreement,to the County for approval. i.) The County is not the Fund 9. Statement of Other Contracts Source for the additional services; Prior to the execution of the Contract, the ii.) Sufficient funding is available Contractor shall submit a Statement of Other for or can be generated by the Contracts to the County,which shall be attached Contractor to cover the cost as an exhibit to the Contract. If the Contract is incurred by the Contractor to amended during the Term,or if the County provide these additional exercises its option right,the Contractor shall services; and attach a then current Statement of Other Contracts. iii.) If sufficient funding is not available or cannot be 10. Miscellaneous Fiscal Terms and generated,the County shall not Conditions be held liable for any of the additional costs incurred by the a. Limit of County's Obligations Contractor in furnishing such additional services. The maximum amount to be paid by the iv.) Prior to scheduling any such County is set forth on the first page of additional services on County- the Contract. owned property,the Contractor shall obtain written County b. Duplicate Payment from Other approval. The Contractor shall, Sources to the County's satisfaction, submit any documentation 31 of 69 pages requested by the Department approve aid in reimbursement to the reflecting the change, and County for payments made hereunder by identify the additional services the County to the Contractor for to be provided and the source of expenditures made during the Term funding that shall be utilized to because of any act,omission or cover the expenditures incurred negligence on the part of the Contractor, by the Contractor in undertaking then the County may deduct and the additional services. withhold from any payment due to the Contractor an amount equal to the e. Potential Revenue reimbursement denied by the state or federal government agency, and the The Contractor shall actively seek and County's obligation to the Contractor take reasonable steps to secure all shall be reduced by any such amounts. potential funding from grants and In such an event, if there should be a contracts with other agencies for balance due to the County after it has programs funded by the County. made a final payment to the Contractor under the Contract,on demand by the E Payments Contingent upon County,the Contractor shall reimburse State/Federal Funding the County for the amount of the balance due the County,payable to the Payments under the Contract may be Suffolk County Treasurer. The subject to and contingent upon provisions of this subparagraph shall continued funding by State and/or survive the expiration or termination of Federal agencies. In the event payments the Contract. are subject to such funding no payment shall be made until the Contractor h. Budget submits documentation in the manner and form as shall be required by State The Contractor expressly represents and and/or Federal agency. If late agrees that the Budget lists all revenue, submission of claims precludes the expenditures,personnel,personnel costs County from claiming State or Federal and/or all other relevant costs necessary reimbursement, such late claims by the to provide the Services. Contractor shall not be paid by the County subject to subparagraph g. i. Payment of Claims below, if,for any reason,the full amount of such funding is not made Upon receipt of a Suffolk County available to the County,the Contract Payment Voucher,the County,at its may be terminated in whole or in part, discretion,may pay the Contractor or the amount payable to the Contractor during the Term, in advance, an amount may be reduced at the discretion of the not to exceed one sixth(1/6)of the County, provided that any such maximum amount to be paid by the termination or reduction shall not apply County set forth on the first page of the to allowable costs incurred by the Contract. Contractor prior to such termination or reduction,and provided that money has j. Payments Limited to Actual Net been appropriated for payment of such Expenditures costs. The Contractor agrees that if, for any g. Denial of Aid reason whatsoever,the Contractor shall spend during the Term for the purposes set forth in the Contract an amount less If a State or Federal government agency than, or receive amounts more than, is funding the Contract and fails to provided in the Budget,the total cost of 32 of 69 pages the Contract shall be reduced to the net o. Contractor Vacancies amount of actual Contractor expenditures made for such purposes. The County shall have the right of prior The total amount to be paid by the approval of the Contractor's filling of County shall not exceed the lesser of(i) any vacant position as of the date of actual net expenditures or(ii)the total execution of the Contract or as may cost of the Contract on the cover page thereafter become vacant,and, in the and in the Budget. Upon termination or exercise of that right.The County may expiration of the Contract, if the promulgate reasonable regulations Contractor's total amount of allowable involving filling of vacancies which expenses is less than the total amount of shall be deemed to be incorporated by the payments made during the Term,the reference in, and be made part of,the Contractor shall prepare a check payable Contract,provided, however,that to the Suffolk County Treasurer for the subject to the availability of funding, difference between the two amounts and approval for the hiring of replacement submit such payment to the County, clerical shall be a Contractor along with the final Suffolk County determination. Payment Voucher. p. No Limitation On Rights k. Travel Costs Notwithstanding anything in this Article Reimbursement to the Contractor for V to the contrary,the County shall have travel costs shall not exceed amounts available to it all rights and remedies allowed to County employees. under the Contract and at law and equity. 1. Attendance at Conferences + Comptroller's Rules and Regulations All conferences that are partially or fully funded by the County that the The Contractor shall comply with the Contractor's staff wishes to attend must "Comptroller's Rules and Regulations be pre-approved, in writing, by the for Consultant's Agreements"as County and must be in compliance with promulgated by the County Department Suffolk County Standard Operating of Audit and Control and any Procedure A-07 and Executive Order amendments thereto during the Term. No. 14-2007. The County shall provide the Contractor with a copy of any amendments to the m. Salaries "Comptroller's Rules and Regulations for Consultant Agreements"during the Term. The Contractor shall not be eligible to receive any salary reimbursement until End of Article V proof of deposit or payment of all withholding and payroll taxes to the Federal/State governments has been provided to the County. n. Salary Increases No salary, wage, or other compensation for the Services shall be increased over the amount stated in the Budget without the prior written approval of the County. 33 of 69 pages Article VI Federal Requirements 1. Grant Administration a. Authorization Notwithstanding any other provision of this Agreement, the Contractor must submit evidence and the County must certify, prior to any commitment of funds under this Agreement, that all grant responsibilities have been met and are in accordance with applicable regulations. Upon such certification, the County will give notice authorizing the Contractor to begin CDBG projects set forth in Article I of this Agreement. b. Supervision It is agreed that the nature and extent of the CDBG projects undertaken pursuant to this Agreement shall be subject to the general supervision of the County. The County as applicant is primarily responsible for overseeing the CDBG program. The Contractor agrees to comply fully with rules, regulations, criteria, guidelines and expenditure controls heretofore adopted or to be adopted by the County and Federal Governments pursuant to law. 2. County-Contractor Relationship The relationship of the Contractor to the County shall be governed as expressly provided for in the Suffolk County Cooperation Agreement and this Agreement. 3. National Objectives Contractor certifies that the CDBG projects carried out under this Agreement meet the National Objectives as defined in 24 CFR 570.208. 4. Performance a. The Contractor agrees to begin work on its CDBG projects set forth in Article I of this Agreement within a reasonable time after the effective date of this Agreement and meet timely expenditure requirements. The Contractor will be considered to meet timely requirements if by January 15`s of each year its total balance of unexpended funds from all program years does not exceed 1.5 times the Contractor's last annual CDBG allocation. b. Timely Expenditure Required It is critical that the Contractor commence work on the CDBG projects in a timely fashion. Failure to commence work and meet timely expenditure requirements may result among other things, in a reduction of the Contractor's CDBG funding and/or the County electing not to exercise its option to renew this Agreement. More specifically: 1) If the Contractor has unexpended balances from previous years' funding, which are from four (4) or more years prior to the current program year; or 34 of 69 pages 2) If the Contractor has a past history of not meeting timely expenditure requirements; or 3) If the Contractor, by January 15'' of each year has a total balance of unexpended funds from all program years, which exceed 1.5 times the Contractor's last annual CDBG allocation, then the County may, among other things, and either sin ug lerly or in combination: a) Chose not to exercise its option(s)to renew this Agreement; b) Require the Contractor to submit information to the County regarding the reasons for lack of performance and actions being taken to remove the causes for delay; c) Require the Contractor to demonstrate to the County that the Contractor has the capacity to carry out CDBG projects and meet CDBG timely expenditure requirements; d) Require the Contractor to submit to the County progress schedules for completing CDBG projects in compliance with CDBG timely expenditure requirements; e) Issue a letter of warning to the Contractor advising that more serious sanctions will be taken if the deficiency is not corrected or is repeated; t) Require the Contractor to suspend, discontinue or not incur costs for CDBG projects; g) Condition or reduce the Contractor's allocation of CDBG funds in the succeeding year; and h) Reduce the Contractor's allocation of CDBG funds in the current year by one-hundred percent (100%) of the total balance of unexpended funds, from all program years, which exceed 1.5 times the Contractor's last annual CDBG allocation. 5. Citizen Participation The Contractor agrees to provide citizens with adequate information concerning the amount of funds available for proposed CDBG projects, the range of eligible activities, and other important program requirements. The Contractor also agrees to provide citizens with adequate opportunities to articulate needs, express preferences about proposed activities, assist in the selection of priorities, and otherwise assist and participate in the development of the federal Housing and Community Development Program. Pursuant to this requirement, each Contractor shall hold at least one public hearing during the annual application preparation period, prior to the submission to HUD. The County shall also hold at least one pre-submission public hearing. 6. Flood Disaster Protection This Agreement is subject to Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) which provides that no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes (as defined under Section 3(a) of said Act (42 U.S.C. 400(a)), one year after a community has been formally notified of its identification as a community containing an area of special flood hazard, for use in any area that has been identified by the Director of the Federal Emergency Management Agency as an area having special flood hazards unless the community in which such area is situated is then participating in the National Insurance Program. Notwithstanding the date of HUD approval of the County's annual action plan, funds provided under this part shall not be expended for acquisition or construction purposes in an area that has been identified by the Federal Emergency Management Agency ("FEMA") as having special flood hazards unless the community in which the area is situated is participating in the National Flood Insurance Program in accordance with 44 CFR Parts 59-79, or less than a year has passed since FEMA notification to the community regarding 35 of 69 pages such hazards; and flood insurance is obtained in accordance with Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Federal Government as having special flood hazards and in which the sale of flood insurance has been made available under the Flood Insurance Act of 1968, as amended, 42 USC 4001, et. seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required, notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 7. Equal Employment Opportunity and Affirmative Action a. Equal Opportunity: In carrying out the CDBG projects, the Contractor shall ensure that no person, on the grounds of race, color, creed, ancestry, disability or other handicap, age, marital/familial status, military status, national origin, sexual orientation, religion or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, creed, ancestry, disability or other handicap, marital/familial status, military status, religion, sex, sexual orientation, age or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants to employment, notices to be provided by the Federal Government setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, age, creed, ancestry, disability or other handicap, marital/familial status, military status, or national origin. The Contractor shall incorporate the foregoing requirements of this Subparagraph an in all of its contracts for program work, except contracts governed by Subparagraph b of this Paragraph, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor shall have its own Affirmative Action Plan which meets Federal requirements on file with the County Community Development Office and approved by HUD or be bound by a Consortium-wide Affirmative Action Plan developed by the County and applicable to local personnel funded with Community Development Block Grant funds. The County Community Development Director shall be designated as the Consortium's Affirmative Action Officer. Separate community development agencies, will be required to develop and implement their own Affirmative Action Plan, unless such a plan has already been developed and approved by HUD. Individual agency plans must be submitted to HUD for its review and approval. If the Plan is not 36 of 69 pages acceptable to the County or HUD, the community development agency will be required to submit a revised Plan(s), until approved by HUD. All employees of the Contractor paid with CDBG funds must meet all New York State Civil Service Requirements for employment; however, this provision shall not apply to any Community Development Agency or its employees. b. Contracts Subject to Executive Order 11246, as amended, shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. C. The Contractor shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this Agreement, the Contractor agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, creed, ancestry, disability or other handicap or marital/familial status or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, free from such discrimination. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause. 2) The Contractor will, in all solicitations for advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, creed, ancestry, disability or other handicap or marital/familial status or national origin. 3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining Contract or other contract or understanding, a notice to be provided by the contract Compliance Officer advising the said labor union or workers representatives of the Contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the riles, regulations, and relevant orders of the Secretary of Labor. 5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965; 24 CFR 570.603; and 24 CFR 570.607; and by the rules, regulations, and orders of the Secretaries of Labor and Housing and Urban Development, or pursuant thereto, and will permit access to his books, records and accounts by the Federal Government and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 37 of 69 pages 6) In the event of the Contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally assisted construction contract procedures authorized in Executive Order 11246 or September 24, 1965, or by rule,regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) The Contractor will include the portion of the sentence immediately preceding Paragraph I through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issues pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Federal Government may direct as a means of enforcing such provisions, including sanctions for non-compliance; providing, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a "result of such direction of the Federal government, the Contractor may request the United States to enter into such litigation to protect the interest of the United States." d. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, however, that if the Contractor so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. e. The Contractor agrees that it will assist and cooperate actively with the Federal Government and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulation, and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such information as they may require for the supervision of such compliance and that it will otherwise assist the Federal Government in the discharge of its primary responsibility for securing compliance. f. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause by any Government Contractor in accordance with procedures established by the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the Federal Government may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant or loan guarantees; refrain from extending any further assistance to the Contractor under the program with respect to which the failure or refusal occurred until the satisfactory assurance of future compliance has been received from such Contractor, and refer the case to the Department of Justice for appropriate legal proceedings. 38 of 69 pages 8. Compliance with Section 3 of the Housing and Urban Development Act The Contractor shall comply with Section 3 of the Housing and Urban Development Act of 1968 as same may be amended from time to time. In planning and carrying out CDBG projects, the Contractor shall ensure, to the greatest extent feasible, that opportunities for training and employment be given to lower income persons residing within the boundaries of the Suffolk County Consortium and that, also to the extent feasible and consistent with state and federal laws, contracts for work on CDBG projects be awarded to eligible business concerns which are located in or owned in substantial part by persons residing within the boundaries of the Suffolk County Consortium. The Contractor shall cause or require to be inserted in full, in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set forth in 24 CFR 135.20(b). The Contractor shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the Section 3 clause. 9. Minority Business and Women's Business Enterprise The Contractor must comply with Executive Orders 11625 and 12432 and, to the extent permissible by law, make good faith efforts to encourage the use of minority and women's business enterprise in connection with CDBG funded activities. The Contractor, to extent permissible by law, shall ensure the inclusion of minorities and women, and entities owned by minorities and women, including, without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts entered into with such persons or entities, public and private, in order to facilitate the activities of the CDBG programs. 10. Lead Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the requirements of 24 CFR Part 35, subparts A, B and R and subparts C through M, as may be amended, when applicable. Any rehabilitation or acquisition of residential structures by the Contractor with assistance provided under this Agreement shall be made subject to Lead-Based Paint Poisoning Prevention, and the Contractor shall be responsible for notifications, certified hazard evaluations, certified hazard reduction, and certified safe construction work places, certified clearances and record keeping. 11. Fire Prevention and Control Act Housing assistance provided in the form of a grant, contract, loan guarantee, cooperative agreement, interest subsidy, interest or direct appropriation under this Contract is subject to the provisions of the Fire Administration Authorization Act of 1992 (Pub. L. 102-522), as may be amended. The Contractor shall be required to comply with applicable fire protection and safety standards. 39 of 69 pages 12. Federal Labor Standards Provisions The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq), as may be amended, and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Contractor agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.), as it may be amended and the implementing regulations of the U.S. Department of Labor at 29 CFR Part 5, as may be amended. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Department for review upon request. The Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7, as may be amended, governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations,provisions meeting the requirements of this paragraph. 13. Compliance With Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857, et. seq.; the Federal Water Pollution Control Act, as amended, 33 USC 1251, er seq.; and the regulations of the Environmental Protection Agency ("EPA")with respect thereto, at 40 CFR 15, as may be amended from time to time. In compliance with said regulations, the Contractor shall cause or require to be inserted in full in all contracts and subcontracts with respect to any non-exempt transaction thereunder funded with assistance provided under this Agreement,the following requirements: a. A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any non-exempt contract or subcontract is not listed on the List of Violating Facilities issued by the EPA pursuant to 40 CFR 15.20. b. Agreements by the Contractor to comply with all their requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. C. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 40 of 69 pages d. Agreement by the Contractor that he will include or cause to be included the criteria and requirements in subparagraphs a through d of this Paragraph in every non-exempt subcontract and requiring that the Contractor will take such action as the Federal Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 209(c)of the Federal Water Pollution Control Act, as may be amended. 14. Relocation Assistance and Acquisition of Real Property The Contractor shall provide fair and reasonable relocation payments and assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the government-wide URA regulations at 49 CFR Part 24, to or for families, individuals, partnerships, corporation, or associations displaced as a result of any acquisition of real property for an activity assisted under the program. The Contractor shall inform potential displaced persons of the benefits, policies and procedures provided for under HUD regulations. The Contractor shall carry out the relocation process in such a manner as to provide such displaced persons with uniform and consistent services, including any services required to insure that the relocation process does not result in different or separate treatment to such displaced persons on account of their race, color, religion, national origin, age, sex, or source of income. In acquiring real property, the Contractor should be guided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the government-wide URA regulations at 49 CFR Part 24. 15. Consolidated Plan The Contractor, as party to the Community Development Program, and as a participant in the Suffolk County Consortium, acknowledges that it is contractually and otherwise legally bound per prior resolution of its governing body to use its best efforts to ensure the carrying out of the goals of the Consolidated Plan approved by HUD. The Contractor shall also be contractually and legally bound to use its best efforts to ensure the carrying out of the Consolidated Plan which is currently in effect. 16. Displacement This Agreement is subject to laws and regulations which require the implementation of a policy to minimize the displacement of persons from their homes and neighborhoods and to mitigate adverse effects of such displacement on low and moderate income persons. In accordance, the Contractor shall follow the Suffolk County Community Development Consortium Policy and Procedures, as may be amended from time to time, on Displacement when implementing CDBG projects. 41 of 69 pages 17. Books and Records of Accounting The Contractor agrees that it shall keep and maintain separate books of account and records concerning all costs incurred in the performance of this Agreement, and that it shall have available for audit and inspection by the County or by authorized representatives of HUD, all the Contractor's facilities, books and other financial and statistical data, whether related to the CDBG projects or otherwise. The Contractor agrees to maintain or submit to the County, as individually required, the following data or documents, or information to complete the following documents: a. Project Description Forms b. Environmental Survey c. Demographic Survey d. Budget Modifications e. HUD/EEO-4 Employment Data Form E Minority Business Enterprise Report g. Other data as may be required by HUD 18. Program Income The County shall assign program income generated by the Contractor for the purpose of carrying out eligible CDBG activities. All provisions of this Agreement shall apply to the use of program income assigned to the Contractor by the County. The Contractor shall inform the County of all income generated by the expenditure of CDBG funds received by the Contractor and to substantially disburse assigned program income for eligible Community Development Activities before additional cash withdrawals are made by the County from the U.S. Treasury for the same activity. The County will require at the end of the program year, the remittance by the Contractor of all or part of any program income balances (including investments thereof) held by the Contractor (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). If a Contractor withdraws from the Suffolk County Consortium prior to the expiration of the Cooperation Agreement between the Contractor and the County, all program income received and not expended in accordance with this Agreement shall be due and payable to the County and the County may terminate this Agreement as set forth in Paragraph 2, Article 3, entitled"Termination." 19. Real Property Real property acquired or improved in whole or in part using Community Development funds that is within the control of the Contractor shall require the following actions: a. The timely notification of the County by the Contractor of any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition; 42 of 69 pages b. Reimbursement of the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-Community Development funds) of property acquired or improved with Community Development funds that is sold or transferred for a use which does not qualify under the Community Development regulations; and c. Return of program income to the County generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termination of the Cooperation Agreement between the County and the Contractor. 20. Reversion of Assets Any real property under the Contractor's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000 shall be either: a. Used to meet one of the national objectives in 24 CFR Part 570 until five (5) years after expiration of this Agreement or termination of the Cooperation Agreement, or such longer period of time as determined appropriate by the County; or b. Disposed of in a manner which results in the County being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. 21. Procurement of Equipment, Supplies and Materials The procurement of equipment, services, materials and supplies shall be undertaken in accordance with the requirements of 24 CFR 85, "Administrative Requirements for Grants and Cooperative Agreements to Local Governments," as may be amended. The Contractor shall maintain an inventory of non-expendable personal property in accordance with 24 CFR 85 and title to all the materials, appliances, and tools, purchased with funds provided under this Agreement, shall vest in the Contractor and shall be used, managed and disposed of in accordance with 24 CFR Part 85. 22. Use of Federal Funds for Lobbying No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Contract, the Contractor shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 43 of 69 pages The Contractor shall require that the language of this certification be included in the award for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose same accordingly. 23. Political Activities The Contractor shall be governed by the provisions of the Hatch Act (5 USC 1501, et. seq.), as may be amended, regarding employees'political participation. 24. Funding Identification The Contractor shall keep the County apprised of any grants or sources of funding received for the Program as and may retain any such funding that results in enhancement of services and does not duplicate funding for the program covered by this Agreement. If the program covered by this is funded in whole or in part by other governmental agencies, it is agreed that the funding by the County under this Agreement shall be reduced or refunded to the County to the extent that such other funding duplicates funding for the program covered by this Agreement. 25. Offset of Arrears or Default The Contractor warrants that it is not, and shall not be during the term of this Agreement, in arrears to the County for taxes or upon debt or contract and is not, and shall not be during the term of this Agreement, in default as surety, Contractor or otherwise on any obligation to the County, and the Contractor agrees that the County may withhold the amount of any such arrearage or default from amounts payable to the Contractor under this Agreement. 26. Force Majeure Neither party shall be held responsible for any delay or failure in performance hereunder to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, civil or military authority, act of God, act or omission of carriers, power failure or similar causes beyond its control ("force majeure conditions"). If any force majeure condition occurs, the party delayed or unable to perform shall give immediate notice to the other party. End of Article VI 44 of 69 pages Article VII ENVIRONMENTAL REQUIREMENTS CONDITIONAL APPROVALS ON USE OF FUNDS TOWN OF SOUTHOLD 2012 1. Environmental Review Process a. Prior to obtaining a release of funds from HUD ("Release of Funds") for the Contractor's CDBG projects as set forth in Paragraph 3, Article I of this Agreement, entitled "Project Descriptions," the Department must conduct an environmental review as set-forth in Part 58 of Title 24 of the Code of Federal Regulations, as may be amended, for each of the CDBG projects contemplated by this Agreement. b. In order for the Department to conduct this environmental review, the Contractor must: 1) Provide the Department with all available project and environmental information on each CDBG project contemplated by this Agreement; 2) Assist the Department in preparing an Environmental Assessment("EA")to submit to HUD; 3) Assist the Department in preparing an Environmental Impact Statement ("EIS") to submit to HUD; and 4) Refrain from undertaking any physical activities or choice limiting actions until HUD (or the State, if applicable) has approved the release of funds for the CDBG projects. c. Exempt or Categorically Excluded Projects 1) The Department may determine that some or all of the activities related to the CDBG projects contemplated by this Agreement are exempt pursuant to 24 CFR 58.34. In such an instance, the County will advise the Contractor, in writing, that it may commit funds for these activities as soon as programmatic authorization is received. 2) The Department may also determine that that some or all of the activities related to the CDBG projects contemplated by this Agreement are categorically excluded pursuant to 24 CFR 58.35, and therefore no EA or EIS will be required. In such an instance, the Department will advise the Contractor, in writing, of its determination, in order that the Contractor may commit funds for these activities. d. Before any CDBG funds may be obligated or utilized,the Contractor must receive: 1) A written determination of exemption from the Department; or 2) A written determination that the CDBG project is categorically excluded; or 3) A HUD Release of Funds and a certification from the Department. End of Article VII 45 of 69 pages Exhibits Exhibit 1 Project Description(s) Exhibit 2 Public Disclosure (Department to Indicate Exempt X or Non-Exempt Exhibit 3 Union Certification (Department to Indicate Exempt__or Non-Exempt___X__) Exhibit 4 Lawful Hiring Exhibit 5 Certification Regarding Lobbying Exhibit 6 Comptroller's Rules and Regulations Exhibit 7 Suffolk County Payment Voucher Exhibit 8 County of Suffolk Consultant's Expense Summary Exhibit 9 County of Suffolk Consultant's Time Summary 46 of 69 pages EXHIBIT 1 Pro' Name: 4ONSORTILR4 HOME IMPROVEMEMi PROGRAM Description-. I 1 JIDIIS Project *. i-14A-13 UOG Code: jw36qio3 SUFFOLK Cowry GRANTS AND DEFERRED LOANS TO LOW AND MODERATE INCOME HOMEOWNERS FOR HOME IMPROVEMENTS. TOWN OF BROOKHAVEN: $705,271, TOWN OF RIVERHEAD: $80,409,TOWN OF SMITHTOWN: $83,667, TOWN OF SOUTHAMPTON: $114,963,TOWN OF SOUTHOLD: $58,857, VILLAGE OF LAKE GROVE: $39,290 LMH Location: CONSORTIUM-WIDE $21ECt one: Ovmer Ompied How r'�!s Explanation: Expected Completion Date: 3!31!2017 ®Oaten Hou arg 05, Ianv EmiomnR p Eca,onic oppornsrty Outcome Categories1leprove the Waity ofawna hwsng ❑Avaie6ity/A¢emtiiky -- ---------_------..._______------------------ :.,.. AHadnhity 2 : ❑Sintshabilly 3 Pr — 10 Haring UntsProposiied 43 AcwnO,Type: ; Proposed ..:.:: Underway Underway ? ® Camplete Complete w AccwTO.Type: Z;, Pr Acconpl.Type: n; Proposed ve a Underway Underway S,+ E complete Complete a V summ"Pullu Accaso.Type: : Proposed Ate.Type: , Proposed Underway a. Can to Complete Proposed Outcome Performance Measure Actual Outcome NLYMBER OF UMTS UNITS BROUGMIT FROM SUB- REHABILITATED STAI"RD TO STANDARD 19A Rdrab;Srgielki[Resxknsa1570.202 Matrix Codes ,+�. Matrix Codes 3, Matrix Codes '•h`2: Maao[cocks Matrix Codes N CABG :s_, Pro ed Amt 996,672 Fund Sar¢: posed Amt. �v Actual Amount 1,052,45 Actual Amount } Fund soorosProposed Amt. Fuld Grp: Actual Amount Actual Amount E Accomo.Type: w_r Proposed Units Acmapl.Type: :,, Proposed Units ......... Actual Units _. ...__ Actual Units a. per,Type: 4.: Proposed Units Accmpl.Type: Proposed Units Actual Units Actual Units 47 of 69 pages Project PMt7: 11042-FREE FAciLrry impRavEmEmr 150 IIDIS Project*-1104ZOO-038-13 JUOG Code: NY369103 SUFFOLK COUNTY TOWN OF SOUTHOLD: REPAIRIREPLAC E WINDOWS, FLASHING, SIDING AND ROOFING OF BUILDING THAT PROVIDES FIVE APARTNUTTS FOR DEVELOPMENTALLY DISABLED ADULTS. LMH Location: 9625 MAIN BAYVIEW ROAD, SOUTHOLD, NY 11971 Select Orme: ds Explanation: Expected Completion Date: 3V3112017 Catemy Decent HmgiV 0 SAmle Lk"Envirandrert 0 Emrwnc OWmtw* Outcome CaL-Wries ❑AvabWY/AaewNty Aftdabity 2 171 3, 10 HIU*V tht, L,71, Proposed 5 AcMnVi.Type: ,.. Proposed underway I Underway Complete complete E mome Proposed C T,, :T Proposed ACMMP1.Type: 7M 40 ' .9 � Undev Underway a -F E Complete Coreplate IL a Proposed Aaompl.Type: V. proposed 'K tkideromV unmerviny mommeasCom late Complete Proposed Outcome Performance Measure Actual Outcome INUMBER OF UNITS UNITS BROUGIff FROM Sul, JASSISTED STANDARD TO STANDARD 03B HwdcaMed Centers 570.201(c) F._ Matrixcodes Matrix Codes Codes Matrix God" "T, Mahn Codes Proposed Amt. $8,000 FundSurai Ir Proposed Amt. ACUU&I 0WROURT Actual Amount Furd Sour¢: Proposed AmL F"S,,mj Proposed AmL Actual Amount Actual Amount 'Proposed units Aomnpl.type: ;: Proposed tmas Actual Units Actual Units �A�CT, Proposed lawns Act•Type: Proposed Units ,Actual Unift Actual Urdts 48 of 69 pages Pro ect Name: 1047-HL94AN RESOUPOE CENT KATINKA HOUSE Description: 51 IDIS Project s: 204702-03C-13 UOG Code: IW369103 SUFFOLK COUNTY TOWN OF SOUTHOLD: INSTALLATION OF SHOWERS AND BATHROOMS AT TWO SITES THAT SERVE AS THE TOWN'S EMERGENC Y SHELTER IN EVENT OF DISASTERS. LMA Location: 750 PACIFIC STREET, MATTITUCK,NY 11952 Select 011e: Pais Faoities �I: Explanation: Expected Completion Date: 3/31/2017 Docent Hocsng p%AU a LMV Emiiocsrert Ecaronic Oppoctvnty Outcome Categories 'Improve amity/inaease pantity ofneiglbalwod faddties f w bwtiomme T.- ❑Avabbity/Ame�tY :....-._.:...:.:......_-.-.:................................®® .'_ Affadabitv 21 �aetarway 3 IIPLbrc Faa%n f:: Proposed 2 Acca*Type: ; Propased :.:.: Underway Underway a Complete Complete tAcan®i.Type: T;; Proposedu1na Accompl.Type: _w; Proposed C Underway Underway SLS E Complete Complete IL w Aawc.Type: ;: Proposed Attarpl.Type: ;f__ Proposed lnderway Underway Com fete bte Proposed Outcome Performance Weastwe Actual Outcome NLIMBER OF PUBLIC IMPROVED ACCESS TO FAC31JTIES FACILITY 03C Homeless Facer Oat operating costs)570.201(c) :7; Mabu codes Havoc Codes -R: Matrix Codes t =: Matrix Codes :.T; Matrix Codes COBG Ir; Proposed Amt. $7,243 Fund Sara: Imy':: Proposed Amt. Actual Amount Actual Amount fud Solace: 5e,, Proposed Amt. Fund Sara: _� Proposed Amt. E: Actual Amount Actual Amount Acroa91.type: Proposed Units Accowo.Type: ;R,. Proposed Units ¢ Actual Units .._. ...___._ Actual Units p Acmnpi.Type: ; Proposed Units Accoopl Type:L Proposed Units Actual Units Actual Units 49 of 69 pages Project Name: 104�R ERT PERRY CHILD DAY CARE CENTER Description: 52 IDLS Project is 104901-05L-13 U06 Code: IW369103 SUFFOLK COUNTY TOWN OF SOUTHOLD: PROVISION OF SAFE AND AFFORDABLE CHILD DAY CARE TO LOW/MODERATE INCOME FAMILIES IN THE GREENPORT AREA. LMC Location: 612 THIRD STREET, GREENPORT, NY 11944 Select one: Pobk Se'vxes 'T': Explanation: Expected Completion Date• 3/31/2015 O Dxert Hmisi5 Q SiRaWe Limo Erwnreat O EcvUnt owmbinty Outcome Catenaries Impove Ou services for low/mod now a persxns ._�_M: 2 Avaihky/Acc� I ❑Affadahilty Z ❑ Y 3 : O1 Peapk 1!,; Proposed 25 A[[aipl.Type: IT lNMed eraiay nderway Emcomplete kte = Axw 1.Type: +.=paed Acc-cf.Type ,?F Proposed d d ....._.._ Underway _.. ____ ...- .. Underway �+ E complete Com fete IL ` Aaano.Type: 3! Proposed Accaapi.Type: R, Proposed underway derawy Cam fete I om tete Proposed Outcome Performance Measure Actual Outcome NUMBER OF PEOPLE NEW/IMPROVED ACCESS TO A ASSISTED SERVICE 05L ddd Care Swvims 570.201(e) -+,.: Matrix Codes , ; Matrix Codes _t: FUtrix Codes des Matrix Cor* Matrix Codes w CDBG I,€, Proposed Amt. $5,000 Fund Soxm: !,�F�l ed Amt- pw Actual Amount Amount Fid Sarco: - Proposed Amt F�S 0a: fi,: sed Amt. Actuat Amoud AmoUMAccmpi.Typ :Ir3;, Proposed units ed Units Actual Units Units IL Acmnryi.Type: Proposed Units .Type: v ed Wits Actual Units Units 50 of 69 pages "ect Name: 1057-COMMUNITY ACTION SOUTHOLD TOWN Description: 53 111DIS Project ay: 105701-05-13 JUGG Coder jNY369ID3 SUFFOLK COUNTY TOWN OF SOUTHO D: PROVISION OF EMERGEiC Y FOOD,SCHOOL SUPPLIES,FURNITURE AND C LOTt4NG FOR LOW INCOME FAMILIES. UAC Location: 311 FRONT STREET, GREENPORT, NY 11944 Select one: Explanation: Expected Completion Date: 3131(2015 tegary O I)<CSK HMEN 0%blk Umg Emr mmrt Q Emnwk Ory Outcome CateWies 1 Hipare to wr+ tar low/mod axane persue 7R A"bW/Aaewb tY .,___.._............................................................................................................................... i Elazwow 3 . w O1Peade Aryl Proposed 100 Accomp.TYPe: jpnde yComplete mpletet AccmplTyps;: Proposed Aaampl.Type: Proposed U .. Underway deruwy_.___ toretod V Ac[mni.Type: lf, Proposed Acuxipl.Type: � �IMderw�Y Underway Conyrbte complete Proposed Outcome Performance Measure Actual Outcome NMBER OF PEOPLE NEWJIMPROVEQ ACCESS TO A ASSISTED SERVICE 05 Pubic Services(Ce alj S-M.211(e) C:ades MatrhrCodes r MabixCodes :ail Matra Codes +►:: Matrix Codes .3- CDgG Proposed And. $5,000 Fud Sarm: ::yrr, Proposed Amt. a. Actual Amount Actual A MK M. FUd Soira; :; Proposed AmL Fund Surt : Proposed Amt. Actual Amaurd _?. Actual Amount IMM E AccsirQl.Tyye: Proposed Units A,1110,Type: _1, Proposed Units 6 Actual UMts Actual Units IL Ammro.Type:: , Proposed Units Ate,Type: .V; Proposed Units Actual Units Actual Units 51 of 69 pages Pro-ed Name: IOSS-MAUREE" HAVEN Descripton: S4 IMIS Project d: 105801-05-13 JUOG Code: IW369103 SUFFOLK COUNTY TOWN OF SOUPTHO1D: PROGRAM WORKS W1TH LOCAL CHURCHES TO PROVIDE EMEGENCY HOMELESS SHELTER AND FOOD TO AREA RESIDENTS EfPERIENC EING HOMELESSNESS. UMC Location: 554 EASTMAIN STREET, RIVERHEAD,. NY 11901 Select one: Homek nVJAIDS Explanation: Expected Completion Date: 3131J2015 CategaY O DKeft Hoceng (�5aabk LkM Era,Yannert Q Emrrnic oppmu* Outmme Categories I Cuprous th services for bww/mod irxmre permrs ❑A$ordaCtty 2 ❑ Y 3 O1 People .>rm d 85 Acmnpl.Tye. +�.; ed Underway nuleruray 0 Complete omplete S t A¢mpl.TYPe T:: Proposed per,Type '. Proposed .!! __._.... Underway Complete Com to 0 G u Aawripl.Type; :<-. Proposed Accmrpl.TYAe: yam"; Proposed INHlerway :,:.. Underway complete ompiete Proposed Outcome Performance Measure Actual Outcome NUMBER OF PEOPLE NEWJIMPr DVED ACCESS TO A ASSISTED SERVICE 05P,bic Servlcea(Gerxxal)570.201(e) ;F; Matrix Codes Matrix Codes Matrix Codes :T;. Maim Codes-------- -- +: Matrix Codes a)0G ;. Proposed Amt. $5,.000 RM Source: ;g Proposed Amt. a Actual Amount __.. Actual Amount ,r Fvd Sorrce: :a!;:. Proposed Amt. Furl Source: v, Proposed Amt. Actual Amount Actual Amount Accompl.Type: Proposed Units Accm4+1.Type: :7_;. Proposed traits !e? Actual Units Actual Units 0. Aaompi.Type: , ; Proposed Unix Atter.Type; :. Proposed Uutlis ._. ........... - Actual Units _"._.. Actual Units 52 of 69 pages Project Name: 1099-AOMIPIISTRATION Description: 155 JIDIS Project s:1109901-MA-13 JUOG Code: IW369103 SUFFOLK COLWry TOWN OF SOUFHOLD: ADMNiSTRATIVE COSTS ASSOCIATED WITH CDBG ACTIVITIES. Location: 53095 MAIN ROAD, SOUTHOLD, NY 11971PiarinG(Ad nstratim Select one: ____________.._.._...._......_..___.._._._........._.____._.. . Explanation: Expected Completion Date• 3131/2015 O Dacent His 0 s,t"Lk"=mtwm t OEcorromic y Outcome Categories 1 ,fiy ❑Avakhity/Aacesibilly ❑Affordatdly 2 ❑meq 3 A[cmpl,TYR: Proposed Accaapl.Type:. !,:; Proposed .... Underspy Underway € Complete Complete t Accord.7 : ;t.:. Proposed . Proposed r Accarpl,Type: ;�: __ ......... .:.. Underway _ __ ._._._ "'- Underway CL Com kite Compkte 6 V Acmnpl.type: Proposed Actarpl.Type: Proposed q ..._ Underasty �„ tinderwsy kh Com Pro Outcome Performance Measure I Actual Outcome 21A Gerieral Prograa A9mistration 570.206 s?Sr. Matrix Codes Matrix Codes *Ma�bdes +i.: matrix Codes dec T, » C� :TES Proposed AmSource: :z; Proposed Amt. Actual AmounActual Amount Fiaxl Source: :w;: Proposed Am1 Source: ,Ti Proposed Amt.EActual AmomActual Amount Proposed Unipl.Type: .tr Proposed Units O Actual UnitsActual Units GAccompl.Type: 1rProposed Uni .Type: t,; Proposed tnrits Actual UnitsActual units 53 of 69 pages EXHIBIT 3 Sufolk Carry,New Yolk Depatmmt of liber SUFFOLK%COUNTY Df PARTnIENY OF LABOR LABOR MEDIATION UNIT UNION ORGANIZING CERTIFMATION XCLARATiON-SL'BaCT TO AUDIT It the following definition of -Connty Contractor" (Union Organizing Lots Chapter 466-2) applies m the contractorMsenegciam's business or transaction with Suffolk County,the eontractorlbeneficiary must complete Sections L III,and IY below, 1f the following defiailtoos do not apply,the coutract"Ibe"Itchiry must complete Sections IL HE and IY below. Completed forms must be submitted to the awarding agency, Conary Contractor:"Any employer that receives move,than$50,000 in County fimds for supplying goads or sesviees pursuant to a written c0mrxt with die County of Suffolk or any of its agencies;pursuant to a Suffolk County graur.pursuant to a Suffolk County program;pursuant to a Suffolk County reimbursement for services provided in any calendar year;or pursuant to a subcontract with any of the above" Section I The Cnio Organizing Law applies to this contract.Uwe hereby ago N comply with al the provisions of Suffolk Comet Local Law No.26-2003.die Suffolk Canty Limon Organizing Law(the law)and,as m the goods andfor sanders that are the subject of to contract with the County of Suffolk stun war use County foals m assist,promote, Check if or deter umm organizing(Chapter 466-3 A),nor seek reimbursement fin the County for costs incurred to assist, Applicable promote.or dear uuium organizing.(Chapter 466.3 B) Uwe further agree to take all action necessary to ensue that County funds are not used in assist,promote,or deer union organizing,(Chapter 466-3 H) lhee further agree that Uwe will not use County property to hold meetings to assist,promote,or deter uncut organizing.(Chapter 466-3E) l4e finder agree this if way expenditures or costs incurred to assist,promote,or deur inion organizing are made, Uwe shall maintain records sufficient to show that no County funds were used for thou expenditures and,as applicable.that on nimbursenrut fiat County fords has bent sought for such cost. 11we ague that such records steal be made available m the pertinent Canty agency or ambority,the Comity Comnoler.or die County Depuimeat of Law upon request.(Chapter 464.3 T) Uwe further af5tm to the following as to the goods and'or services that aro the subject of the contract with the County of Suff lk • Uwe will not express to employees trey false or misicadiog mfmmatim dna is intended in influence the detemioatiou of esuployee preferences regarding min representation; • I/we will tum coerce of Intimidate employe,es,explicitly or impliedly.in selecting or not selecting a bargaining revresenutwe', • Uwe will not retinue an employee,individually or in a Sump,to attend a meeting or an event that is itmeuded m influence his se her decision in selechng or rot selecting a bargaimug representative; • Five miderstand mytour obsigatnn to limit dsnptions caused by prenecogrunon labor disputes trough the adoprwn of rwxonfrmtatioal procedure for The resolution of lnerecogoit on labor iinpuses with employees engaged is the production of goods or the rendering of services for the County;and • Uwe have or will adopt any or all of the above-referenced procedures,or thus functional equivalent,to ensue the elbnew,tinily,and quality provision of gods and sander to the Canty Vvee shun ioclude a list of said tiroced uses in soca certihcatim. Sectio D ❑ The Umm Orgooming Law does not apply to this contract for the fohlowinx reason(s). Check if Applicable DOL-Lol(min) 54 of 69 pages Suffoa county New Imt Depatfmm of Labor S"11911 in ContractorNa>a«; Employer iD#: (��^� aJ6 l5 1 Coatrxtor Address; - 2 E Amount of Assistame: '0 Od Conu3cwPlume 4; �n 31_ 7l S Ig�9 /� DescrWhou of project m setsxe: � � u/1! ve.�o /jt l ock V Section z�� In the event my part of the union Organiang Law,Cbaptff 466 of the Lases of Suffolk County.is found by a coup of competent jurisdiction to be preempted by federal awd!m rote law.ibis certificstioardeclaratiat shall be void ob twoo. Section V I declare under penalty f perjury under the Law's of the State of New York than the undeircigned is authorized to provide this certificatioa,and"09"is wic�=01}}ouat. �.� &eA-LAw 3o Authorized a Date -5 00 A- kt-4 Rent Name and Title of Authmiaed Repo sentatme r� 55 of 69 pages SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF NON-APPLICABILITY FOR COMPLIANCE WITH FEDERAL LAW tl;U.S.C. SECTION 1324A1 WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES Suffolk County Code,Chapter 353 2006 To Be Completed By Awarding Agency 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:Town Hall, PO Box 1179 53095 Main Road., Southold, NY 11971 Contractor Phone#:631-765-1283 Description of project or service:Community Development Block Grant 1) ❑✓ Recipients of compensation from the County,through any grant, loan, subsidy, agreement, lease or other financial compensation agreement issued by the County or awarding agency,where such compensation is NOT one hundred percent (100%) funded by the County. 2) ❑ This law shall not apply to the subcontractors of not-for-profit corporations. Ai orized County Signa Date Jill osen-Nikoloff, Director of Real Estate Print Name and Title of Authorized County Representative LHE-6 (08/12) 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 LAKTUL HIRING OF EMPLOYEES VERIFICATION OF SUBMISSION OF LAWFUL HIRING OFEMPLOYEES Suffolk County Code,Chapter 353 (2006) To Be Completed By The Local Law Compliance Unit DATE: September 6. 2013 TO: Jill Rosen-Nikoloff, S.C. Dept. of Economic Development and Planning FROM: BrendWlVdenberz, Director PHONE #: 63 853-3808 EMPLOYER: Town of Southold VENDOR#: 11-6001939 REF.: Community Development Block Grant 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) EXHIBIT 5 Certification Regarding Lobbying for Contract,Grants,Loans and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for infiva+ctrgi or attempting to influence legislation or appropriation actions perdng before local,State and Federal executive and/or legislative bodies in connection with the awarding of any contract,the making of any grant,the making of any loan the entering Into of any cooperative agreement and the extension,continuation,renewal,amendment,or modification of any contract,grant,ban,or cooperative agreement. 3. If any funds other then State or Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Influence legislation or appropriation actions ponding before local,State and Federal e"cudive andfor legislative bodies in connection with this contract,grant ban or cooperative sgreenherht,the urdereigned shall complete and submit Standard Form LLL, 'Disclosure Form to Report Lobbying',in accordance with he Instructions. 3. The undersigned shelf require that the larguabs of this certification be included N the award documents for all subawards at all tiers(including subcontracts,ecagrents,and contacts under Wants.bans,and cooperative agreements)and that all subreciplems shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for makkv or ardedng into this transaction Imposed by Section 1352,Title 31,U.S.Code.Failure to file the required owlificaticn shall be subject to civil penalty by the Federal government of not less than$10,000 and not more then$100,000 for each such failure. Provider. -f'O w -7 Ok -50 10 Agreement Number:T Sign: IN Noma: Title: Data: 3a�„ --- 58 of 69 pages EXHIBIT 6 COUNTY OF SUFFOLK OFFICE OF THE COUNTY COMPTROLLER Jos"H SAWWn Ja. Compovar DEPARTMENT OF AUDIT AND CONTROL Comptreller's Rales and Regnlatlons for Comalbat's Agreements Revise!IN2009 59 of 69 pages TABLE OF CONTENTS Pmposo .......................................................................................t Scope ..........................................................................................1 Dafinrtions ...........................................................---.......... .........I AllowableClaims ...........................................................................1 ClaimSubmission ...........................................................................2 Outof Pocket Expaises ...................................................................3 Sub-Contractor Claims .....................................................................5 CatifedStaterntnts ........................................................................6 EXHIBITS EXHIBIT 7 County of Suffolk, Standard Payment Voucher FORM PV EXHIBIT 8 Consultant's Expense Summary FORM A&C 109 EXHIBIT 9 Consultant's Time Summary FORM A&C 108 60 of 69 pages 1 1. —This manual establishes procedures for the reimbnrsemat of expenditures for consukants under contract with the County. 2. Sg=—These instructions apply to all County departments and agencies utilizing consultant services. 3. L Q=kjW—An individual or limn angaged to provide outside professional services to 3uf blk County depaatmets and agencies. b. —A written contract describing the specific services to be rendered by the consultant and the mount and tams of payment for the services to be made by the County. The consultant's agremners WWI constitute the sole authorization for paymont of claims. The consultant's agreernerd shall be prepared in accordance with the County Executive's Operating Procedures,SOP#1-05. Non-specific Jamal purpose or hurP stun paynant agreanents are not recomrended. 4, Allowable Claims—Only claim which aro submitted for expenditures specifically identified in the agreement will be approved for payment. Generally, the agrectneUt will stipulate a maximum fine for services rendered which is basad upon a rate per day or per hour. Accordingly,a rate schedule is an integral part of each consultant's agrearment. Imes will be allowed only by to the Out-of-pocket expenditures are reimbursable if it is so stipulated in the consultant's 61 of 69 pages 2 5. Claim Submission—Consultants should submit base claims for reimbunientent through the County department or agency responsible for the consultant's assignment,using appropriate forms�as indeed below: a CWM Vourdr —A County of SujWk Standard Payment Voucher Foran (Exhibit A)retest accompany each consultant claim. The claim voucher should refs to the consultrat's agreement ander which payment is requested and indicate the category ofacpenses or contract covenant applicable:to the claim voucher. It should be initialed by the departmental unit representative under whose supervision or jurisdiction the work was performed,signifying the the oonsultant has complied with all the terns and conditions of the agreemesit wider which the payment is requested. The voucher must then be signed by the department bad or his duly authorized representative and forwarded to the Deputmeat of Audi and Control for payment. b. C+ansultam's Time Summarv,FORM%A�(E(Exhibit B)—The Consultant's Time Summary should be used to record daily bows worked by each gaff member of the consultant working on the project. Space is provided to record and axtend the hours and wages of ach gaff member assigned to the project on one form. The completed FORM A&C 108 most be signed by and authorized individual of the 's firm It should thea be attached to the Comity ofSutfolk Standard Payinefit 62 of 69 pages 3 voucher form. A copy of the consultant's payroll register with a cover letter indicating the individuals charged to the project for the claim period will be accepted as a substitute€or the Consultant's Time Summary. c. Consultant's E3g=Surnmarv.FORM A&C 109(F2MI Cl—The Consultant's Expense Summary should be used to detail expenses for travel,mala,lodging or other necessary and reasonable ou"f-pocket expcndkurea incurred on the project. Each expanse item should be documented by a receipted bill,sales slip or invoice which totals the daily expenditures sbown on the form.The completed FORM A&C 109 must be signed by an authorizod individual of the consultant's firm. It should then be attached to the Courtly of Suffolk Standard Payment Voucher Form 6. —If these ecpenses aro raumbursable under the consultant's agreement,the following rules and guidelines should be considered before insuring such expanses and submitting claims: L IH49111—Meals are reimbursable under a oarreultat's contract only if the purpose of the meal is valid,that is,authorized under the contract as sustenance while traveling. Effective October 1,2009,the per diem meal allowance shall be in scoordance with the current maximum reimbursement rase for food as established by the U.S. Genal Services Administration for the New York region. As published in IRS Publication 1342{rev.October 2009},the 2009 par diem meal aid i6ciderrfal fele is 63 of 69 pages 4 $7 1.00 per diem including tax Audit and Control should be contacted for allowable rates for firture fiscal periods. (Oratuities,at a reasonable and customary rate,shall be rehbursW over and above the state limits). The County will not bonor claim for the reimbursement of"business meati"submitted by manbers of the consultant's firm who ars not traveling out of town(overnight)in performance of the contrua Where a consultant masts the necessary criteria to be reimbursed for meals,no receipts will be necessary but a certified statement will be required. b. Lod&&—Motive October 1,2009,claims far lodging will be reivinused at a rate not to exceed the currant maximum reirabunantat rate for lodging as established by the U.S.General Services Administration for the New York region as published in the IRS Publication 1542(rev. October, 2009), The 2009 per diem rate for lodging is$ 130.00 including taxes, Claims for lodging must be accompanied by paid receipts. Audit and Control should be corseted for the allowable rate for firtum fiscal periods. c. Airfare—Airfire will only be reimbursed at the eoonomy coach rate and a receipt will be necessary. Individuals choosing to fly first class will not be reimbursed for the premium expenses incurred. d. —The County will reimburse mileage claims in accordance with the applicable current rade allowed by the U.S.Internal Revenue Service As of Jatuiary I,2009 the rate is 535 per mile and'JamWy 1 2010 the 64 of 69 pages 5 rate is$.54 per mile. The consultant most provide oro*destination and miles traveled for each trip. Audit and Control should be contacted hbr the allowable rate for future fiscal periods. e. Taxis—Taxi fares up to$25.00 will be reimbursed based on actual receipt or certified statement. Any taxi expanses in excess of$25.00 per trip will require receipts. Receipts and certified statements atoll include origin and destination,as well as the purpose of the trip. E Wye and Buses Clocall—A certified 3tatemara will be adequate documentation for these g. IQ&—Receipts or certified statement will be adequate documentation for these expenses, IL Te�hones Lxposes—Telephone expenses up to$25.00 per month will be reimbursed based on a receipt or certified statement. Telephone expenses totaling over$25.00 will require copies of the telephone company bills with the appropriate calls circled. i. EbQUMgjM—in liar of a specific contract for photocopies,the County will reimburse at a caret not to exceed$.15 per copy,including labor. A certified statement will be adequate documentation for reimbursement. 7. SON-Contradnr Claims—When the consultant is authorized in the Consaltad's Agreement to hire a sub r,theComptroller's Office should be supplied a copy of the sub-contractor's agreement. Claims will not be pttoceased if they are 65 of 69 pages 6 not in compliance with the contract between the Consultant and the County. The reporting requirement of the sub-contractor will be the sante as that of the Conaultant. Details of all expenditures claimed must be documented in the same manna. if the sub-contractor's agreement with the Consultant is a hunp-sum payment agreement,detailed documentation reporting requawnents are waived. S. Certified %Aamenta—When the consultant incurs minor travel or other out-of- podtd expenses for which receipts are not available, he shall prepare an itemized Atement detailing the type and amount of egcns% including the time,date,and place incurred. Alter summarizing expenses claimed,the consultant rarest add and sign the following certification terminology. "The above expenses are true and Just and are a result of buduen conducted In accordance wkh the term of the contract wkh Suffolk County, and have not be been previmly paid." Signature of Authorized Person 66 of 69 pages EXHIBIT 7 SUFFOLK COUNTY PAYMENT VOUCHER onma Oed.Addett 0 5 0402 »A"'em "md owls VaNwCaM(TYADA OoaeenlTnl QneludaCdeW Nada Nems tt Muft Amrer NadaRemN W&w adwMall V - lamen Domow(Otl OA191 yAYllftf Pl)1nW yTa�t aewp MM ANv d coed qeI(N Op t (t M br pl dAmIe Celff4drf17T AamN0ei6Cra) PD PM 01 02 OS 04 Q8 AWIllwel Comments r A18uverraRIyflmow. Ihetyanldy0rdeenemtrelaw PAYMCMIWAf10M. IaNfydladtthraupafMet nnJm. tpeelOdlYMLN,.almafa�dby ne loaandwMYian rlNwenn6diaalon.Tb aatrleaacglhnlnprl lfnrollW Maptldadµr/W1.l.M.�:.�M tla —ice pwlypahmodaa Ihm tequoi IWaNlptleY{e1N Mwrad balma1n dW Mdowi%Omwen twwWcj Mv,om�1e eaeplma0(61Cnp1fiCennokdaidpymmil aPflm't9. atrryoandalodrdtbnabaafdaadwtnld11m Y9}b�i pedtlordl,owl Na'NA"Om& Wd loft pyr balnelawdon dfdo laefba. SIGNED DATE TITLE PAYEE"8 SIGNATURE TITLE NAIEOFCCIdMW Fpr PV 041MO APO&Cw" CW M*ftwtAwwmft WtfaU 67 of 69 pages canrirarew[ocx aasefracnsfeswxv VWARDWfC AU8C1' QOti�D[.-1M7RMAAiC 1!! CM48ULTAMTBMMa reconS5WW iG "MMSMOMX- a Q PI P2 4 RM zi P3 PS pi ps a I DW Rambo a � 00 � p3 aaadd�l4u i M i a A � t m H { 00 Q SWOJM S +"Okemo aer�wwmmxwwMaww & 1+Rru BEmBtfs,SSDTB I�Ui.TAH['11E: TT+a..at�+waw.r.aAt.�r�p1�i��s,, ®tafardowlr �paay��� .iaey�ea�oo,dmtadpfnr AUI80S1W44NR6 masers CbMMONSUM" COUNS tTANMMM$ela/RAKY McAtrMWfrOrA=V•COW=M-M MAiCM CQNAMTANM NAA PMW BSWJM+o "Mmumma_ 1 2 x n TOTAL= d9�RDt�mtrt ? t Dt� O M k UIQ b7 A � i w TOrALM69BK..MSA=COb6MTA2ffTLV@ AUnIMi XGKVrUU r ; From lwuser, Soft Wednesday,:March 07;2012 214 PM To Kerideg,Wiliam Subject: Living Wage Attadrmentc sEanO6Ei7.3P9 scan00D21pg Hi 8UI Asper our conversation,Joe Sanseverino had applled fora generaleasmption as'outlined In the attached correspondence. it was granted in 2002. The County Attorney in the past bps accepted.CWs contracts without living wage paperrpairk. If I can be of any further assistance,please do not hesitate to all me at x32063. Brenda Rosenberg [hector Local Law Gonapllahce Unit departmeato#Labor 1 3 t j 3 4 i 1 1 y ' 7 CUUiV7YOF 5EUF ©LK JdritPkY.Baxsek RINO - OPPICIt.OPOOMMUWrYOgVftOPMlG T etMruaW ORYALQ OWTOR 2,2002 Lam Wav# nrizpltanee Unit 3'9� txlventns bcar SuNk co=wc awuwty t Office isx wAnx an omw to ft eta afthe Saa blk C:ot n# 4* IAW $000 347�T3(2t)1}of*e Law. The'C. tunwvevd000*t4liieeor man Pa�abyC:amsnodi iiSpy 4*� �T a t 1 ' - .' 3�P1 RNA W.F'M lel 4M1�pYpY 10, * n - �i'aNt•#TIOTr1T1f � �Z $. 118 r