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HomeMy WebLinkAboutCounty of Suffolk and the Family Service League - Youth ServicesRESOLUTION 2015-56 ADOPTED DOC ID: 10390 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-56 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 6,2015: RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2014- 9832, adopted at the December 16, 2014 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the County of Suffolk Youth Bureau and the Town of Southold, in the amount of $20,500.00 for the term January 1, 24N4 2014 through December 31, 2044 2014, all in accordance with the approval of the Town Attorney. 4 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Rev. 10/24/2014; Law No. 14 -YO- /� Youth Bureau Line Item/Omnibus Grant (State) Contract IFMS SCSEXE 0000000(91 la Pseudo Code JSY1 This Contract ("the Contract") is between the County of Suffolk ("the County"), a municipal corporation of the State of New York, acting through its duly constituted Youth Bureau ("the Department"), located at the H. Lee Dennison Building — P Floor, 100 veterans Memorial Highway, Hauppauge, New York (Mailing Address: Box 6100, Hauppauge, New York 11788-0099); and Town of Southold ("the Contractor"), a Municipal Corporation having an address at 53095 Route 25, Southold, New York 11971. The Contractor has been designated to receive funds from the County for Juvenile Delinquency Prevention ("the Services") as set forth in Article I, entitled "Description of Services and Budget." Term of the Contract: January 1, 2014 through December 31, 2014 Total Cost of the Contract: Shall not exceed $20,500.00, to be paid as set forth in Articles I and V attached. Terms and Conditions: Shall be as set forth in Articles I through V, attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed the Contract as Tow L-2 f___jhereby certifies under penalties of perjury that I am an officer of } L c(� c that ve read and I am familiar with §A5-7 of Article V of the Suffolk County Code, and that ^ / W A �CY meets all requirementsto; qualify for exemption thereunder. Name Date /a Approved a to Form: Dennis M. Brown County Atto L�/1 By: Patricia M. Jordan Assistant County orne Date L-fi the latest date written below. OF SUFFOLK M. Cohen Chief beputy County Executive Date: Approved: Department By;��o"A 4��— Name: Roderick A.,Pearson Title: Executive Director Date /—r ,dqecoj�-- ,F 00 306'73 Page 1 of 24 Y01 -State Y. C Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) List of Articles Article I Description of Services 'and Budget Article IA Department Specific Provisions Article II Definitions Article III General Terms and Conditions Article IV Suffolk County Legislative Requirements Article V General Fiscal Terms and Conditions Page 2 of 24 IFMS SCSEXE Pseudo Code Y01 -State I * } ' CCF34001(Rev. 1012000) NEW YORK STATE• OFFICE OF CHILDREN AND FAMILY SERVICES INDIVIDUAL PROGRAM APPLICATION Agency Summary Sponsoring Municipaiiiir• '100c) vi () O 0 County. �v i�lZ v L K Implementing Agency: A Program Titie: Agency Street Address: C City: 1C C,% v Federal IDA Charities Reg.e: L- .. t- L Total Program Budad $ � (900%) of Total OCFS Funds TUR�q�u� j Requested $ d a� ( 1 °h ; u 'Youth Bureau Allocated $ ".Youth Bureau Only State: Tip Code: Period of Actual Program Operation. FROM �.. 3 0, fr Hours of Operation FROM � TO ❑ ily ❑ Weekly • ❑ Monthly ��� utive• Direeor Ll Board Chairperson{ � I } �'�ir�� �� ��, 't .) �•� �� � gL her `} U P t2,--1 (S i TELEP . NUMBER FAX NUMBER usari.L, 2�!t� RkNT NAME SIGNATURE -�Cc3 �39�E2L •J4cr ,* � 4 V-3 EMAIL•A ESS WESSITSOFAPPLICABLE) r CONTACT PERSON TITLE TELEPHONE NUMBER � EMAILADDRESS • FAX NUMB 1, 6 F CAL O ICER , mw -J- a TITLErC d L L `i ' V TELEPHONE NUMB V%. (rj S 6'iehan. P- Vii., %,A1.,y The Aaencv Is: . n Private- Nnf fnr Prnfd f%iob„ ISN,. M e+....,.,.�a..:, PR t3 M Type SITES Most Significant (3 Maximum) Address (Street, Ciw-, State, zip) Assembly 1311st. No. NYS Senate DIEL No. Local PlaWS ad City Oounell District Poop C� J 6 y I I i st rs a� wo w ww o,l •w w w w w w, r ,e„ E w a ®� w s w wew s r„ aw w r Mw MUNICIPAL AGENCIES ONLY Check Check it ❑ Joint Program ❑ Purchase of Service 1. Specify Program Code and Name of Other Participating Municipalities: f 2. Is the attached Program Total Budget (Form OCFS-3107) a combined budget for all participating municipalities? ❑ Yes ❑ No OCFS4107 (Ftm 03x=2) FROM' JsY NEW YORK STATE OFFICE OF CHILDREN ANO FAMILY SERVICES PROGRAM BUDGET 'APPENDDC B PROGRAM GOOF: CONTRACT NUMBER: ( I AGEhiCY/MUNiCIPALM. TO .AJ aJ0 i ,] y (4-c/L� - i PROGRAM iTTLE: V v t &F i kND TYPE: • PERSONAL SERVICES: FflSiCIONTITIB •IRATEF BASIS , TOTALOCFSPROGRAMAMOUNT(i) AL 00MFWDSRSIIUESTEb w,SW. , eo $ .. $$ $ $ " r _ . TCFrAL8j.AM AND WAGE TOTALFRNGES@rF.F[iS $ , TOTAL PERSONAL SERVICES (9) CONTRAGTipSEMCES AND STIPENQP ; TY?EOFSSRIRCMOiCOiVSLRTANrn * RATEOF BASE TOTALOWSPROGRAMAN30LR4 W' h' PAY. (Si $ON• • r• •• TOTAL CONTRACTEDSERVICES (2) •� $ TOTAL MAINTENANCE & OPERATION (i) ls71 LIST EQ(RPMENTTO BE PbkdHASED OR RENTED: (UNIT COST OVER $200 AND LIFE EXPECTANCY OF OVER TWO YEARS) FACILITY REPAIRS TOTAL OCFS PROGRAM AMOONT a � - E • TOTAL OCFS FUNDS AEQUESTED I S .. LIS"!'OF OTHER FUNDING SOURCES $ REIMBURSABLE TOTAL MUNICIPAL FUNDING $ OTHER SOURCES • USEANA57LRISKIOWTO THE FIGURES LISTED 7-0lDEM7FYTXOSER'ENSF0R WHICH 0CFSRffM6U ?SEMEN luW l ucf"%' �� • • .- — TS Y1 Southold Town Police Juvenile Aid Bureau The Southold Juvenile Aid Bureau is responsible for the investigation of crimes committed by juveniles and providing resources and referrals to parents. In addition the JAB enhances community relations and provides significant education and training throughout the Town. Its resources are available to any citizen of Suffolk County. The Department's trained JAB officers work closely with Southold Town schools, acting as liaisons between the school and our local police department. Officers provide instruction of the Drug Abuse Resistance Education program (D.A.R.E.) within six elementary schools that trains over 300 students. Additionally, the JAB officer provides alcohol, drug, crime prevention, DWI programs, summer day camp education, finger printing, pre -K "stranger danger" instruction, pre -prom safety lectures, assists school counselors, addresses community groups and provides classroom lectures to Driver's Education classes. The JAB officer also serves on the Southold Town Youth Bureau Board and works with the Southold Town Youth bureau to provide programs for the youth of Southold Town. In addition the JAB officer conducts training for local community groups such as Boy Scouts and Girl Scouts. The JAB also coordinates job shadow with local high school students and tours of Police headquarters. Approximately 600 students are engaged through the programs and services offered through the Southold Juvenile Aid Bureau. Rev. 10/24/2014; Law No. 14 -YO- ]IF MS SCSEXE Youth Bureau Line Item/Omnibus Grant (State) Pseudo Code Article I Description of Services and Budget Whereas, pursuant to Resolution No. 757-2014, the Contractor has been identified in the amended 2014 Suffolk County Adopted Budget under the pseudo code as listed on page one of the Contract to perform the Services for the Department; and Whereas, the Department desires to have the Contractor provide a Juvenile Delinquency Prevention Program; and Whereas, the Contractor agrees to provide such a program to the County; Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Reimbursement The Contractor understands that reimbursement to the County for expenditures incurred by the Contractor is premised on Federal and State statutes, law or regulations. In furnishing Services pursuant to this Contract, the Contractor shall cooperate with the Department and submit any and all forms, documents, data, and reports as may be requested by the Department and/or pursuant to the applicable State and Federal laws and regulations. 3. Withholding of Payment If the Contractor fails to comply with County or State requirements, the Department may withhold the payment of funds due under this Contract after sending notice of such action to the Contractor until such time as the Contractor has satisfactorily complied with such requirements. Late submissions of claims that preclude the Department from claiming State reimbursement will not be honored. 4. Legislative Designated Funding Application; Description of Services (See 2-3 Pages Following, As Applicable) Remainder of Page Intentionally Left Blank 3 of 24 pages Y01 -State ARTICLE I Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) 1. 2. IFMS SCSEXE Pseudo Code Article IA Department Specific Provisions (2) Contractor Letters The Contractor agrees to furnish to the Certificate of Incorporation; Board Meetings County letter(s) regarding all personnel to be hired for the Services. The a. The Contractor shall furnish the Department with letter(s) shall include, but not be certified copies of its Certificate of Incorporation limited to: and by-laws, including any amendments thereto, at the time it signs this Contract, to the extent not i.) The specific tasks to be already on file with the Department, and any performed by the individual amendments thereto during the term of this employees during the course Contract promptly upon their adoption, and a list of the Services. of the board members governing the Contractor from time to time. The contractor shall not ii.) Salaries and hours to be dissolve any existing corporation or establish any worked by the individual new corporation with the responsibility for the employees during the course operation of the program without the prior of the Services. written approval of the Department. (3) County Approval b. Minutes of the Contractor's annual board meeting and one other board meeting, no longer The County reserves the right to than six (6) months thereafter, should be approve principal services personnel forwarded to the Department within two (2) proposed by the Contractor at the time weeks after the conclusion of the meetings. of entering into this Contract. Reasons for the County not approving said Contractor's Staff personnel shall be for lack of qualification or lack of demonstration a. Prior Approval by the Contractor that said proposed personnel will not have a deleterious The Department shall have the right to prior effect on the proper and efficient approval of the filling of any position now vacant operation of the Services. or hereafter becoming vacant and may, in the exercise of that right, promulgate reasonable (4) Job Descriptions, Qualifications regulations involving position control which shall, when promulgated, be deemed to be The Contractor will nominate to the incorporated by reference in and be made part of Department a Service director chosen this Contract. on the basis of the job description below. The Department shall review b. Current Procedures such nominations and may confirm them. Other staff positions provided (1) Resumes for in this Contract will be filled in accordance with written job The Contractor, at its own expense, descriptions as provided below. agrees to furnish to the Department Employment of any staff member under resumes of all personnel to be hired for the terms of this Contract shall be the Services referred to in this Contract, subject to ongoing review for prior to their being hired. Resumes competency and aptitude of the staff shall include, but not limited to: member by the Department or its designees. The Department may i.) Previous job title(s) of the recommend dismissal or suspension of individual employee and the any staff member under this Contract. length of employment under each title; and/or (5) Service Director ii.) Previous experience and i.) Qualifications: Graduation length of previous experience from an accredited college with a task or tasks similar or and/or university with a equal to the Services. Master's Degree in Social Work; or a Bachelor's Degree (4 -year college 4 of 24 pages Y01 -State ARTICLE IA Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) IFMS SCSEXE Pseudo Code degree) plus 2 years written records and reports of experience in Human work accomplished; shall Services. demonstrate ability to learn, ability to_ relate successfully ii.) Duties: Responsible for to clients and community, overall Service; hires and and capacity for development fires staff; chairs youth in professional use of self in advisory committee; relationships. administers and directs all Contractor Services; is 3. Human Services Division Technical Assistance and responsible to Board of Training Directors of the Contractor and has immediate charge of a. The Contractor agrees to participate in the and responsibility for the Human Services Division Technical Assistance . Services; renders direct and Training Program. Such agreed participation services to clients as will include staff training on the topic of required; selects, trains and HIV/AIDS and not more than three (3) days -per - supervises program aides, year attendance at training on topics that may nonprofessional staff and include, but not be limited to, contract financial volunteers; has charge of reporting, the setting of service goals and petty cash account; make objectives, and service development. purchases and expends funds under the direction of the b. The Contractor may participate, at its election, in treasurer of the corporation any additional training made available by the or such other officers as the Human Services Division. Board of the corporation may direct. End of Text for Article IA (6) Youth Worker i.) Qualifications: Bachelor's Degree (4 -year college degree from an accredited college). ii.) Duties: Provides counseling, group work services, and professional supervision in lounge activities, is responsible to the Service director. Also shall keep written records and reports of work accomplished; shall demonstrate ability to learn, ability to relate successfully to clients and the community, and capacity for development in professional use of self in relationships. (7) Service Aides i.) Qualifications: High School Diploma and preferably some paid experience in youth work. ii) Duties: Report to Service director; shall carry out assignments as paraprofessionals; shall keep 5 of 24 pages YOI-State ARTICLE IA Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) Article II Definitions Meanings of Terms As used herein: "Audit of Financial Statements" means the examination by the Comptroller and any Federal or State auditing authority of the financial statements of the Contractor resulting in the publication of an independent opinion on whether or not those financial statements are relevant, accurate, complete, and fairly presented. "Budget" means the Contractor's summary or plan of all intended revenue, whether received in the form of fees, grants, County funding, or any other source, and expenditures necessary to render the Services. "Budget Deficiency Plan" means an analysis of the cost of the Services, changes in fiscal conditions, and required modifications to the Contract to continue to render the Services.- "Comptroller" ervices:"Comptroller" means the Comptroller of the County of Suffolk. "Contract" means all terms and conditions of this Contract forming all rights and obligations of the Contractor and the County. "Contractor" means the signatory corporation, its officers, officials, employees, agents, servants, sub -contractors, and any successor or assign of any one or more of the foregoing performing the Services. "County" means the County of Suffolk, its departments, and agencies. "County Attorney" means the County Attorney of the County of Suffolk. "Department" means the signatory department approving the Contract. "Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying, as the case may be, under Section 7201 and Section 7203 of the State Education Law, respectively. "Event of Default" means a. the Contractor's failure to perform any duty, required of it under paragraphs 1(b) -(e) of Article III of the Contract; or b. the Contractor's failure to maintain the amount and types of insurance with an authorized insurer as required by the Contract; or C. the Contractor's failure to maintain insurance required by the Contract with an insurer that has designated the New York Superintendent of 6 of 24 pages IFMS SCSEXE Pseudo Code Insurance as its lawful agent for service of process; or d. the Contractor's failure to comply with any Federal, State or local law, rule, or regulation, and County policies or directives; or e. the Contractor's bankruptcy or insolvency; or E the Contractor's failure to cooperate in an Audit of Financial Statements; or g. the Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfeasance in financial record keeping arising out of, or in connection with, any contract with the County; or h. the Contractor's failure to submit, or failure to timely submit, documentation to obtain Federal or State funds; or i. the inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the Contractor; or j. any condition that the County determines, in its sole discretion, is dangerous. "Federal" means the United States government, its departments, and agencies. "Fringe Benefits" means non -wage benefits which accompany, or are in addition to, a person's salary, such as paid insurance, sick leave, profit-sharing plans, paid holidays, and vacations. "Fund Source" means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "Legislature" means the Legislature of the County of Suffolk. "Management Letter" means a letter certified as true by the Contractor's certified public accountant or chief financial officer of findings and recommendations for improvements in internal fiscal control that were identified during an Audit of Financial Statements, but which were not required to be included in an audit report. "Municipal Corporation" means a town, village, or 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. ARTICLE II Y01 -State 0 Rev. 10/24/2014; Law No. 14 -YO- IFMS SCSEXE Youth Bureau Line Item/Omnibus Grant (State) Pseudo Code "Suffolk County Payment Voucher" means the document authorized and required by the Comptroller for release of payment. "Term" means the time period set forth on page one of the Contract and, if exercised by the County, the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations, and other legal entities, including public bodies, as well as natural persons, and shall include successors and assigns. Capitalized terms used, but not otherwise defined, herein, shall have the meanings assigned to them in the Contract. End of Text for Article II 7 of 24 pages Y01 -State ARTICLE II `Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) Article III General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations i.) It shall be the -duty of the Contractor to discharge, or cause to be discharged, all of its responsibilities, and to administer funds received in the interest of the County in accordance with the provisions of the Contract. ii.) The Contractor shall promptly take all action as may be necessary to render the Services. iii.) The Contractor shall not take any action that is inconsistent with the provisions of the Contract. iv.) Services provided under this Contract shall be open to all residents of the County. IFMS SCSEXE Pseudo Code the Contractor shall not be reimbursed for the Services rendered after the effective date of termination of such license. Without limiting the generality of the foregoing, if any part of the Contract remains to be performed, and the termination of the license does not affect the Contractor's ability to render the Services, every other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted by law. d. Documentation of Professional Standards The Contractor shall maintain on file, in one location in Suffolk County, all records that demonstrate that it has complied with sub- paragraphs (b) and (c) above. The address of the location of the aforesaid records and documents shall be provided to the County no later than the date of execution of the Contract. Such documentation shall be kept, maintained, and available for inspection by the County upon twenty-four (24) hours notice. b. Qualifications, Licenses, and Professional e. Credentialing Standards i.) In the event that the Department, or any The Contractor represents and warrants that it division thereof, maintains a credentialing has, and shall continuously possess, during the process to qualify the Contractor to render Tenn, the required licensing, education, the Services, the Contractor shall complete knowledge, experience, and character necessary the required credentialing process. In the to qualify it to render the Services. event that any State credential, registration, certification or license, Drug Enforcement The Contractor shall continuously have during Agency registration, or Medicare or the Term all required authorizations, certificates, Medicaid certification is restricted, certifications, registrations, licenses, permits, and suspended, or temporarily or permanently other approvals required by Federal, State, revoked, it is the duty of the Contractor to County, or local authorities necessary to qualify contact the Department, or division thereon it to render the Services. as the case may be, in writing, no later than three (3) days after such restriction, C. Notifications suspension, or revocation. i.) The Contractor shall immediately notify the ii.) The Contractor shall forward to the County, in writing, of any disciplinary Department, or division thereof, as the case proceedings, commenced or pending, with may be, on or before July I of each year any authority relating to a license held by during the Tern, a complete list of the any person necessary to qualify him, her, or names and addresses of all persons the Contractor to perform the Services. providing the Services, as well as their respective areas of certification, ii.) In the event that a person is no longer credentialing, registration, and licensing. licensed to perform the Services, the Contractor must immediately notify the f. Engineering Certificate County, but in no event shall such notification be later than five (5) days after a In the event that the Contract requires any license holder has lost the license required Engineering Services, the Contractor shall submit to qualify the license holder or the to the County, no later than the due date for Contractor to perform the Services. submission for approval of any engineering work product, the Certificate of Authorization iii.) In the event that the Contractor is not able to ("Certificate"), issued pursuant to § 7210 of the perform the Services due to a loss of license, New York Education Law, of every person 8 of 24 pages Y01 -state ARTICLE III Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) F -A IFMS SCSEXE Pseudo Code performing any Engineering Services. The rights set forth in paragraphs 1(c) (iii) and 8 failure to file, submit, or maintain the Certificate of this Article III. shall be grounds for rejection of any engineering work product submitted for approval. 3. Indemnification and Defense Termination a. The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, a. Thirty Days Termination officials, and employees from and against all liabilities, fines, penalties, actions, damages, The County shall have the right to terminate the claims, demands, judgments, losses, suits or Contract without cause, for any reason, at any actions, costs, and expenses caused by the time, upon such terms and conditions it deems negligence or any acts or omissions of the appropriate, provided, however, that no such Contractor, including reimbursement of the cost termination shall -be effective unless the of reasonable attorneys' fees incurred by the Contractor is given at least thirty (30) days County, its agents, servants, officials, and notice. employees in any action or proceeding arising out of, or in connection with, the Contract. b. Event of Default; Termination on Notice b. The Contractor hereby represents and warrants i.) The County may immediately terminate the that it will not infringe upon any copyright in Contract, for cause, upon such terms and performing the Services. The Contractor agrees conditions it deems appropriate, in the Event that it shall protect, indemnify, and hold harmless of Default. the County, its agents, servants, officials, and employees from and against all liabilities, fines, ii.) If the Contractor defaults under any other penalties, actions, damages, claims, demands, provision of the Contract, the County may judgments, losses, suits or actions, costs, and terminate the Contract, on not. less than five expenses arising out of any claim asserted for (5) days notice, upon such terms and infringement of copyright, including conditions it deems appropriate. reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, G Termination Notice servants, officials, and employees in any action or proceeding arising out of or in connection with Any notice providing for termination shall be any claim asserted for infringement of copyright. delivered as provided for in paragraph 26 of this Article III. C. The Contractor shall defend the County, its agents, servants, officials, and employees in any d. Duties upon Termination proceeding or action, including appeals, arising out of, or in connection with, the Contract, and 1.) The Contractor shall discontinue the any copyright infringement proceeding or action. Services as directed in the termination Alternatively, at the County's option, the County notice. may defend any such proceeding or action and require the Contractor to pay reasonable ii.) Subject to any defenses available to it, the attorneys' fees or salary costs of County County shall pay the Contractor for the employees of the Department of Law for the Services rendered through the date of defense of any such suit. termination. 4. Insurance iii.) The County is released from any and all liability under the Contract, effective as of the date of the termination notice. iv.) Upon termination, the Contractor shall reimburse the County the balance of any funds advanced to the Contractor by the County no later than thirty (30) days after termination of the Contract. The provisions of this subparagraph shall survive the expiration or termination of the Contract. v.) Nothing contained in this paragraph shall be construed as a limitation on the County's 9 of 24 pages ARTICLE III a. The Contractor shall continuously maintain, during the Term of the Contract, insurance in amounts and types as follows: i.) Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injuy and Two Million Dollars ($2,000,000.00) per occurrence for property damage. The County shall be named an additional insured. YOl-State 'Rev. 10/24/2014; Law. No. 14 -YO- IFMS SCSEXE Youth Bureau Line Item/Omnibus Grant (State) Pseudo Code ii.) Automobile Liability insurance (if any non- policy evidencing compliance with the aforesaid owned or owned vehicles are used by the insurance requirements. Contractor in the performance of the circumstance, shall be held invalid or unenforceable to any Contract) in an amount not less than Five £ All evidence of insurance shall provide for the Hundred Thousand Dollars ($500,000.00) County to be notified in writing thirty (30) days per person, per accident, for bodily injury prior to any cancellation, nonrenewal, or material and not less than One Hundred Thousand change in the policy to which such evidence Dollars ($100,000.00) for property damage relates. It shall be the duty of the Contractor to per occurrence. The County shall be named notify the County immediately of any an additional insured. cancellation, nonrenewal, or material change in to the execution of the Contract, declaration 7. any insurance policy. iii.) Workers' Compensation and Employer's Liability insurance in compliance with all g. In the event the Contractor shall fail to provide applicable New York State laws and evidence of insurance, the County may provide regulations and Disability Benefits the insurance required in such manner as the insurance, if required by law. The County deems appropriate and deduct the cost Contractor shall furnish to the County, prior thereof from a Fund Source. to its execution of the Contract, the documentation required by the State of New h. If the Contractor is a Municipal Corporation and York Workers' Compensation Board of has a self-insurance program under which it acts coverage or exemption from coverage as a self -insurer for any of such required pursuant to §§57 and 220 of the Workers' coverage, the Contractor shall provide proof, Compensation Law. In accordance with acceptable to the County, of self-funded General Municipal Law § 108, the Contract coverage. shall be void and of no effect unless the owing to the County for any reason. The County shall Contractor shall provide and maintain 5. Independent Contractor coverage during the Term for the benefit of such employees as are required to be The Contractor is not, and shall never be, considered an covered by the provisions of the Workers' employee of the County for any purpose. Notwithstanding Compensation Law. anything contained in this Contract, the Contract shall not be construed as creating a principal -agent relationship iv.) Professional Liability insurance in an between the County and the Contractor or the Contractor amount not less than Two Million Dollars and the County, as the case may be. ($2,000,000.00) on either a per -occurrence or claims -made coverage basis. 6. Severability b. The County may mandate an increase in the It is expressly agreed that if any term or provision of this liability limits set forth in the immediately Contract, or the application thereof to any person or preceding paragraphs (4)(a)(i), (ii), and (iv). circumstance, shall be held invalid or unenforceable to any extent, the remainder of the Contract, or the application of C. All policies providing such coverage shall be such term or provision to persons or circumstances other issued by insurance companies authorized to do than those as to which it is held invalid or unenforceable, business in New York with an A.M. Best rating shall not be affected thereby, and every other term and of A- or better. provision of the Contract shall be valid and shall be enforced to the fullest extent permitted by law. d. The Contractor shall furnish to the County, prior to the execution of the Contract, declaration 7. Merger; No Oral Changes pages for each policy of insurance, other than a policy for commercial general liability insurance, It is expressly agreed that the Contract represents the entire and upon demand, a true and certified original agreement of the parties and that all previous copy of each such policy evidencing compliance understandings are herein merged in the Contract. No with the aforesaid insurance requirements. modification of the Contract shall be valid unless in written form and executed by both parties. e. In the case of commercial general liability insurance and business use automobile insurance, 8. Set -Off Rights the Contractor shall furnish to the County, prior to the execution of the Contract, a declaration The County shall have all of its common law, equitable, page or insuring agreement and endorsement and statutory rights of set-off. These rights shall include, page evidencing the County's status as an but not be limited to, the County's option to withhold from additional insured on said policy, and upon a Fund Source an amount no greater than any sum due and demand, a true and certified original copy of such owing to the County for any reason. The County shall 10 of 24 pages Y01 -State ARTICLE III Rev. 10/24/2014; Law No. 14 -YO- IFMS SCSEXE Youth Bureau Line Item/Omnibus Grant (State) Pseudo Code exercise its set-off rights subject to approval by the County nature. No funds received pursuant to the Contract shall be Attorney. In cases of set-off pursuant to a Comptroller's used for sectarian purposes or to further the advancement audit, the County shall only exercise such right after the of any religion. The Services will be available to all finalization thereof, and only after consultation with the eligible individuals regardless of religious belief or County Attorney. affiliation. 9. Non -Discrimination in Services 11. Governing Law a. The Contractor shall not, on the grounds of race, The Contract shall be governed by, and construed in creed, color, national origin, sex, age, disability, accordance with, the laws of the State of New York, sexual orientation, military status, or marital without regard to conflict of laws. Venue shall be status designated in the Supreme Court, Suffolk County, the force and effect, notwithstanding any such failure or United States District Court for the Eastern District of New i.) deny any individual the Services provided York, or, if appropriate, a court of inferior jurisdiction in pursuant to the Contract; or Suffolk County. ii.) provide the Services to an individual that is different, or provided in a different manner, 12. No Waiver from those provided to others pursuant to the Contract; or It she not be construed that any failure or forbearance of the County to enforce any provision of the Contract in any iii.) subject an individual to segregation or particular instance or instances is a waiver of that separate treatment in any matter related to provision. Such provision shall otherwise remain in full the individual's receipt of the Services force and effect, notwithstanding any such failure or provided pursuant to the Contract; or forbearance. iv.) restrict an individual in any way from any 13. Conflicts of Interest advantage or privilege enjoyed by others receiving the Services provided pursuant to The Contractor shall not, during the Term, pursue a course the Contract; or treat an individual of conduct which would cause a reasonable person to differently from others in determining believe that he or she is likely to be engaged in acts that whether or not the individual satisfies any create a substantial conflict between its obligations under eligibility or other requirements or the Contract and its private interests. The Contractor is conditions which individuals must meet in charged with the duty to disclose to the County the order to receive the Services provided existence of any such adverse interests, whether existing or pursuant to the Contract. potential. This duty shall continue as long as the Term. The determination as to whether or when a conflict may b. The Contractor shall not utilize criteria or potentially exist shall ultimately be made by the County methods of administration which have the effect Attorney after full disclosure is obtained. of subjecting individuals to discrimination because of their race, creed, color, national 14. Cooperation on Claims origin, sex, age, disability, sexual orientation, military status, or marital status, or have the The Contractor and the County shall render diligently to effect of substantially impairing the Contract with each.other, without compensation, any and all cooperation respect to individuals of a particular race, creed, that may be required to defend the other party, its color, national origin, sex, age, disability, sexual employees and designated representatives, against any orientation, military status, or marital status, in claim, demand or action that may be brought against the determining: other party, its employees or designated representatives arising out of, or in connection with, the Contract. i.) the Services to be provided; or 15. Confidentiality ii.) the class of individuals to whom, or the situations in which, the Services will be Any document of the County, or any document created by provided; or the Contractor and used in rendering the Services, shall remain the property of the County and shall be kept iii.) the class of individuals to be afforded an confidential in accordance with applicable laws, rules, and opportunity to receive the Services. regulations. 10. Nonsectarian Declaration 16. Assignment and Subcontracting The Services performed under the Contract are secular in a. The Contractor shall not delegate its duties under 11 of 24 pages Y01 -State ARTICLE III Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) IFMS SCSEXE Pseudo Code the Contract, or assign, transfer, convey, Transfer. subcontract, sublet, or otherwise dispose of the Contract, or any of its right, title or interest a The Contractor shall notify the County in writing, therein, or its power to execute the Contract, or which notice (the "Transfer Notice") shall assign all or any portion of the monies that may include: be due or become due hereunder, (collectively referred to in this paragraph 16 as "Assignment"), i.) the proposed effective date of the Permitted to any other person, entity or thing without the Transfer, which shall not be less than thirty (30) prior written consent of the County, and any days nor more than one hundred eighty (180) attempt to do any of the foregoing without such days after the date of delivery of the Transfer consent shall be void ab initio. Notice; b. Such Assignment shall be subject to all of the ii.) a summary of the material terms of the provisions of the Contract and to any other proposed Permitted Transfer; condition the County requires. No approval of any Assignment shall be construed as enlarging iii.) the name and address of the proposed any obligation of the County under the terms and transferee; provisions of the Contract. No Assignment of the Contract or assumption by any person of any duty iv.) such information reasonably required by the of the Contractor under the Contract shall County, which will enable the County to provide for, or otherwise be construed as, determine the financial responsibility, character, releasing the Contractor from any term or and reputation of the proposed transferee, nature provision of the Contract. of the proposed assignee/transferee's business 17. Changes to Contractor and experience; a. The Contractor may, from time to time, only with v.) all executed forms required pursuant to Article IV of the Contract, that are required to be the County's written consent, enter into a submitted by the Contractor; and Permitted Transfer. For purposes of the Contract, a Permitted Transfer means: vi.) such other information as the County may i.) if the Contractor is a partnership, the reasonably require. withdrawal or change, whether voluntary, d. The County agrees that any request for its involuntary or by operation of law, of the consent to a Permitted Transfer shall be granted,. partners, or transfer of partnership interests provided that the transfer does not violate any (other than the purchase of partnership provision of the Contract, and the transferee has interests by existing partners, by the not been convicted of a criminal offense as partnership itself or the immediate family described under Article II of Chapter 189 of the members by reason of gift, sale or devise), Suffolk County Code. The County shall grant or or the dissolution of the partnership without deny its consent to any request of a Permitted immediate reconstitution thereof, and Transfer within twenty (20) days after delivery to ii.) if the Contractor is a closely held the County of the Transfer Notice, in accordance with the provisions of Paragraph 26 of Article III corporation (i.e. whose stock is not publicly of the Contract. If the'County shall not give held and not traded through an exchange or written notice to the Contractor denying its over the counter): consent to such Permitted Transfer (and setting 1. the dissolution, merger, consolidation forth the basis for such denial in reasonable detail) within such twenty (20) -day period, then or other reorganization of the Contractor; the County shall be deemed to have granted its and consent to such Permitted Transfer. 2. the sale or other transfer of twenty e. Notwithstanding the County's consent, percent (20%) or more of the shares of the Contractor (other than to existing i.) the terms and conditions of the Contract shareholders, the corporation itself or the shall in no way be deemed to have been waived immediate family members of shareholders or modified; and by reason of gift, sale or devise). b. If the Contractor is a not-for-profit corporation, a ii.) such consent shall not be deemed consent to any further transfers. change of twenty percent (20%) or more of its shares or members shall be deemed a Permitted 18. No Intended Third Party Beneficiaries 12 of 24 pages Y01 -State ARTICLE III Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) 19. 20. 21. The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a beneficiary of the Contract and no third party shall have the right to make any claim or assert any right under the Contract. Certification as to Relationships The Contractor certifies under penalties of perjury that, other than through the funds provided in the Contract and other valid agreements with the County, there is no known spouse, life partner, business, commercial, economic, or financial relationship with the County or its elected officials. The Contractor also certifies that there is no relationship within the third degree of consanguinity, between the Contractor, any of its partners, members, directors, or shareholders owning five (51/o) percent or more of the Contractor, and the County. Publications Any book, article, report, or other publication related to the Services provided pursuant to this Contract shall contain the following statement in clear and legible print: "This publication is fully or partially funded by the County of Suffolk." Copyrights and Patents Copyrights Any and all materials generated by or on behalf of the Contractor while performing the Services (including, without limitation, designs, images, video, reports, analyses, manuals, films, tests, tutorials, and any other work product of any kind) and all intellectual property rights relating thereto ("Work Product") are and shall be the sole property of the County. The Contractor hereby assigns to the County its entire right, title and interest, if any, to all Work Product, and agrees to do all acts and execute all documents, and to use its best efforts to ensure that its employees, consultants, subcontractors, vendors and agents do all acts and execute any documents, necessary to vest ownership in the County of any and all Work Product. The Contractor may not secure copyright protection. The County reserves to itself, and the Contractor hereby gives to the County, and to any other person designated by the County, consent to produce, reproduce, publish, translate, display or otherwise use the Work Product. This paragraph shall survive any completion, expiration or termination of this Contract. The County shall be deemed to be the author of all the Work Product. The Contractor acknowledges that all Work Product shall constitute "work made for hire" under the U.S. 13 of 24 pages IFMS SCSEXE Pseudo Code copyright laws. To the extent that any Work Product does not constitute a "work made for hire," the Contractor hereby assigns to the County all right, title and interest, including the right, title and interest to reproduce, edit, adapt, modify or otherwise use the Work Product, that the Contractor may have or may hereafter acquire in the Work Product, including all intellectual property rights therein, in any manner or medium throughout the world in perpetuity without compensation. This includes, but is not limited to, the right to reproduce and distribute the Work Product in electronic or optical media, or in CD- ROM, on-line or similar format. Patents If the Contractor develops, invents, designs or creates any idea, concept, code, processes or other work or materials during the Term, or as a result of any Services performed under the Contract ("patent eligible subject matter"), it shall be the sole property of the County. The Contractor hereby assigns to the County its entire right, title and interest, if any, to all patent eligible subject matter, and agrees to do all acts and execute all documents, and to use its best efforts to ensure that its employees, consultants, subcontractors, vendors and agents do all acts and execute any documents, necessary to vest ownership in the County of any and all patent eligible subject matter. The Contractor may not apply for or secure for itself patent protection. The County reserves to itself, and the Contractor hereby gives to the County, and to any other person designated by the County, consent to produce or otherwise use any item so discovered and/or the right to secure a patent for the discovery or invention. This paragraph shall survive any completion, expiration or termination of this Contract. 22. Arrears to County Contractor warrants that, except as may otherwise be authorized by agreement, it is not in arrears to the County upon any debt, contract, or any other lawful obligation, and is not in default to the County as surety. 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction ARTICLE III In the event that the Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk County Code Article II of Chapter 353, as more fully set forth in the Article entitled "Suffolk County Legislative Requirements," the Contractor shall maintain the documentation mandated to be kept by this law on the construction site at all times. Employee sign -in sheets and register/log books shall be kept on the construction site at all times and all covered employees, as defined in the law, shall be required to sign such sign -in sheets/register/log Y01 -State Rev. 10/24/2014; Law No. 14 -YO- IFMS SCSEXE Youth Bureau Line Item/Omnibus Grant (State) Pseudo Code books to indicate their presence on the construction site during such working hours. 24. Certification Regarding Lobbying Together with this Contract and as a condition precedent to its execution by the County, the Contractor shall have executed and delivered to the County the Certification Regarding Lobbying (if payment under this Contract may exceed $100,000) as required by Federal regulations, and shall promptly advise the County of any material change in any of the information reported on such Certification, and shall otherwise comply with, and shall assist the County in complying with, said regulations as now in effect or as amended during the term of this Contract. 25. Record Retention The Contractor shall retain all accounts, books, records, and other documents relevant to the Contract for seven (7) years after final payment is made by the County. Federal, State, and/or County auditors and any persons duly authorized by the County shall have full access and the right to examine any of said materials during said period. Such access is granted notwithstanding any exemption from disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and commercial information or financial information that is privileged or confidential Without limiting the generalityof the foregoing, records directly related to contract expenditures shall be kept for a period of ten (10) years because the statute of limitations for the New York False Claims Act (New York False Claims Act § 192) is ten (10) years. 26. Notice Unless otherwise expressly provided, all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1.) to the Contractor at the address on page 1 of the Contract and 2.) to`the County at the Department, or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 11788-0099. End of Text for Article III 14 of 24 pages Y01 -State ARTICLE III Rev. 10/24/2014; Law No. 14 -YO- IFMS SCSEXE Youth Bureau Line Item/Omnibus Grant (State) Pseudo Code This Contract is subject to the Living Wage Law of the Application for County Compensation (Contract)." Article IV Suffolk County Labor Law Form DOL-LOI; entitled Suffolk County Legislative Requirements Suffolk County Living Wage Form LW -38; entitled contracts and recipients of County financial assistance, (as "Suffolk County Department of Labor — Living Wage Unit NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Living Wage Certification/Declaration — Subject To REQUIRED FORMS REFERENCED HEREIN ARE Audit." AVAILABLE ON FILE AT THE COUNTY ATTORNEY'S Lawful Hiring of Employees Law OFFICE AND THE DEPARTMENT NAMED ON THE 3. Use of County Resources to Interfere with Collective SIGNATURE PAGE OF THIS CONTRACT. Bargaining Activities forth therein, for violations of this Law. It shall be the duty of the Contractor to read, become 1. Contractor's/Vendor's Public Disclosure Statement familiar with, and comply with the requirements of Article I of Chapter 803 of the Suffolk County Code. It shall be the duty of the Contractor to read, become employers, (as defined), and the owners thereof, as the case familiar with, and comply with the requirements of section County Contractors (as defined by section 803-2) shall A5-7 of Article V of the Suffolk County Code. comply with all requirements of Chapter 803 of the Suffolk 15 of 24 pages County Code, including the following prohibitions: Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-7 of Article V a. The Contractor shall not use County funds to of the Suffolk County Code, the Contractor represents and assist, promote, or deter union organizing. warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County b. No County funds shall be used to reimburse the Administrative Code Article V, section A5-7 and shall file Contractor for any costs incurred to assist, an update of such statement with the Comptroller on or promote, or deter union organizing. before the 31 st day of January in each year of the Contract's duration. The Contractor acknowledges that C. No employer shall use County property hold a such filing is a material, contractual and statutory duty and meeting with. employees or supervisors if the that the failure to file such statement shall constitute a purpose of such meeting is to assist, promote, or material breach of the Contract, for which the County shall deter union organizing. be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal If the Services are performed on County property, the remedies, of fifteen percent (15%) of the amount of the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non- contract. intimidation agreement, and a majority authorization card Required Form: agreement. Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure Statement" If the Services are for the provision of human services and are not to be performed on County property, the Contractor 2. Living Wage Law must adopt, at the least, a neutrality agreement. Under the provisions of Chapter 803, the County shall have It shall be the duty of the Contractor to read, become the authority, under appropriate circumstances, to terminate familiar with, and comply with the requirements of Chapter the Contract and to seek other remedies as set forth therein, 575, of the Suffolk County Code. for violations of this Law. This Contract is subject to the Living Wage Law of the Required Form: County of Suffolk. The law requires that, unless specific Suffolk County Labor Law Form DOL-LOI; entitled exemptions apply, all employers (as defined) under service "Suffolk County Department of Labor — Labor Mediation contracts and recipients of County financial assistance, (as Unit Union Organizing Certification/Declaration - Subject defined) shall provide payment of a minimum wage to to Audit." employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the 4. Suffolk County Living Wage Law of the County of Suffolk. Lawful Hiring of Employees Law Under the provisions of the Living Wage Law, the County shall have the authority, under' appropriate circumstances, It shall be the duty of the Contractor to read, become to terminate the Contract and to seek other remedies as set familiar with, and comply with the requirements of Article forth therein, for violations of this Law. II of Chapter 353 of the Suffolk County Code. Required Forms: This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered Suffolk County Living Wage Form LW -1; entitled "Suffolk employers, (as defined), and the owners thereof, as the case County Department of Labor —Living Wage Unit Notice of may be, that are recipients of compensation from theCounty through any grant, loan, subsidy, funding, 15 of 24 pages Y01 -State ARTICLE IV Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County;. and shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January 1 of each year for the duration of any contract and upon the renewal or amendment of the Contract, and whenever a new contractor or subcontractor is hired under the terms of the Contract. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the Contract. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate the Contract for violations of this Law and to seek other remedies available under the law. The documentation mandated to be kept by this law shall at all times be kept on site. Employee sign -in sheets and register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the law, shall be required to sign such sign -in 16 of 24 pages ARTICLE IV IFMS SCSEXE Pseudo Code sheets/register/log books to indicate their presence on the site during such working hours. Required Forms: Suffolk County Lawful Hiring of Employees Law Form LHE-1; entitled "Suffolk County Department ofLabor — Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. Section 1324a) With Respect To Lawful Hiring of Employees." Suffolk County Lawful Hiring of Employees Law Form LHE-2; entitled "Affidavit Of Compliance With The Requirements Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring Of Employees" Gratuities It shall be the duty of the Contractor to read, become familiar with, and comply with the, requirements of Chapter 664 of the Suffolk County Code. The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of the County or the State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement. Prohibition Against Contracting with Corporations that Reincorporate Overseas It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of sections A4-13 and A4-14 of Article IV of the Suffolk County Code. The Contractor represents that it is in compliance with sections A4-13 and A4-14 of Article IV of the Suffolk County Code. Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. Child Sexual Abuse Reporting Policy It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article II of Chapter 880 of the Suffolk County Code. The Contractor shall comply with Article II of Chapter 880, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy," as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of the Contract with regard to child sexual abuse reporting policy. Non Responsible Bidder Y01 -State Rev. 10/24/2014; Law No. 14 -YO- IFMS SCSEXE Youth Bureau Line Item/Omnibus Grant (State) Pseudo Code It shall be the duty of the Contractor to read, become 12. Safeguarding Personal Information of Minors familiar with, and comply with the requirements of Article II of Chapter 189 of the Suffolk County Code. It shall be the duty of the Contractor to read, become familiar Upon signing the Contract, the Contractor certifies that it with, and comply with the requirements of Suffolk County Local Law No. 20-2013, a Local Law to Safeguard the has not been convicted of a criminal offense within the last Personal Information of Minors in Suffolk County. ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense All contract agencies that provide services to minors are covered under section 189-5 of the Suffolk County Code 'required to protect the privacy of the minors and are strictly under "Nonresponsible Bidder." prohibited from selling or otherwise providing to any third party, in any manner whatsoever, the personal or identifying 9. Use of Funds in Prosecution of Civil Actions information of any minor participating in their programs. Prohibited 13. Suffolk County Local Laws Website Address It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article Suffolk County Local Laws, Rules and Regulations III of Chapter 893 of the Suffolk County Code. can be accessed on the homepage of the Suffolk County Legislature. The Contractor shall not use any of the moneys, in part or in whole, and either directly or indirectly, received under End of Text for Article IV the Contract in connection with the prosecution of any civil action against the County in any jurisdiction or any judicial or administrative forum. 10. Youth Sports It shall be the duty of the Contractor to read, become familiar with, and comply with Article III of Chapter 730 of the Suffolk County Code. All contract agencies that conduct youth sports programs are required to develop and maintain a written plan or policy addressing incidents of possible or actual concussion or other head injuries among sports program participants. Such plan or policy must be submitted prior to the award of a County contract, 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. 17 of 24 pages Y01 -State ARTICLE IV . Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) IFMS SCSEXE Pseudo Code Article V by the Suffolk County Department of Audit and General Fiscal Terms and Conditions Control. Documentation, including any other form(s) required by County or the Suffolk General Payment Terms County Department of Audit and Control, shall be furnished to the County pursuant to, and as a. Presentation of Suffolk County Payment limited by, the Regulations for Accounting Procedures for Contract Agencies of the Suffolk Voucher County Department of Audit and Control. In In order for payment to be made by the County to addition to any other remedies that the Countymay the Contractor for the Services, the Contractor have, failure to supply the required documentation will disqualify the Contractor shall prepare and present a Suffolk County Payment Voucher, which shall be documented by from any further County contracts. sufficient, competent and evidential matter. Each C. Payment by County Suffolk County Payment Voucher submitted for payment is subject to Audit at any time during the Term or any extension thereof. This Payment by the County shall be made within provision shall survive expiration or termination thirty (30) days after approval of the Suffolk County Payment Voucher by the Comptroller. of this Contract for a period of not less than seven (7) years, and access to records shall be as d. Budget Modification set forth in paragraph 25 of Article III, and paragraph 4(b) of Article V. i.) The parties shall use the Contract b. Voucher Documentation Budget Modification Request form (`Budget Modification") for revisions The Suffolk County Payment Voucher shall list to the Budget and Services not involving an increase to the total cost all information regarding the Services and other items for which expenditures have been or will be of the Contract. If the Contractor is made in accordance with the Contract. Either seeking such a modification, the Contractor shall contact the upon execution of the Contract (for the Services already rendered and expenditures already made), Department to receive the form and or not more than thirty (30) days after the enter the required information. When the County and the Contractor agree as expenditures were made, and in no event after the 31" day of January following the end of each year to such revisions, the Contractor shall of the Contract, the Contractor shall furnish the sign the Budget Modification form and County with detailed documentation in support return it to the County for execution of the payment for the Services or expenditures along with any other documentation the under the Contract e.g. dates of the Service, Department may require. worksite locations, activities, hours worked, pay rates and all program Budget categories. The ii.) Such request must be made in advance Suffolk County Payment Voucher shall include of incurring any expenditure for which time records, certified by the Contractor as true the revision is needed. and accurate, of all personnel for whom expenditures are claimed during the period. iii,) Upon complete execution of the Budget Time and attendance records of a project director, Modification form, the County shall if any, shall be certified by the Chairperson, return a copy to the Contractor. The President or other designated member of the, revision shall not be effective until the Board of Directors of the Contractor. All Suffolk Budget Modification is completely County Payment Vouchers must bear a signature executed. as that term is defined pursuant to New York State General Construction Law §46 by duly iv.) The Budget Modification form may be authorized persons, and certification of such submitted only twice per calendar year authorization with certified specimen signatures and may only be submitted prior to November only of that thereon must be filed with the County by a year. Contractor official empowered to sign the Contract. Disbursements made by the Contractor e. Budget and/or Services Revisions in accordance with the Contract and submitted for reimbursement must be documented and must i.) The parties shall use the Contract comply with accounting procedures as set forth BudgetlServices Revision Approval Form (Budget /Services Revisions) for 18 of 24 pages Y01 -State ARTICLE VI - T Rev. 10/24/2014; Law No. 14 -YO- IFMS SCSEXE Youth Bureau Line Item/Omnibus Grant (State) Pseudo Code revisions to the Budget and Services involving any change to the total cost ii.) determine future payments to the of the Contract due to a resolution of Contractor; and the Legislature, changes to the County's adopted annual budget, or for iii.) determine what amounts, if any, are any other reason necessitating revisions reimbursable to the County by the to the Budget or Services. Contractor and the terms and When the County and the Contractor conditions under which such agree as to such revisions, the reimbursement shall be paid. Department will enter the information into the Budget/Services Revisions C. The County may, during the Term, impose a form and send it to the Contractor for Budget Deficiency Plan. In the event that a signature. The Contractor shall return it Budget Deficiency Plan is imposed, the County to the County for execution along with shall promptly notify the Contractor in writing of any other documentation the the terms and conditions thereof; which shall be Department may require. deemed incorporated in and made a part of the Contract, and the Contractor shall implement Upon complete execution of the form those terms and conditions in no less than by the parties, the County shall return a fourteen (14) days. copy to the Contractor. The revision 3. shall not be effective until the Budget Personnel Salaries, Pension and Employee Benefit /Services Revisions is completely Plans, Rules and Procedures executed. a. Upon request, the Contractor shall submit to the f. Taxes County a current copy, certified by the Contractor as true and accurate, of its The charges payable to the Contractor under the Contract are exclusive of federal, state, and local i•) salary scale for all positions listed in taxes, the County being a municipality exempt the Budget; from payment of such taxes. `ii.) personnel rules and procedures; g. Final Voucher iii, pension plan and any other employee benefit plans or arrangements. The acceptance by the Contractor of payment of all billings made on the final approved Suffolk b. The Contractor shall not be entitled to County Payment Voucher shall operate as and reimbursement for costs under any pension or shall be a release of the County from all claims benefit plan the Comptroller deems commercially by the Contractor through the date of the unreasonable. Voucher. C. Notwithstanding anything in this paragraph 3 of 2. Subject to Appropriation of Funds this Article V, the County shall not be limited in requesting such additional financial information a. The Contract is subject to the amount of funds it deems reasonable. appropriated each fiscal year and any subsequent modifications thereof by the County Legislature 4. Accounting Procedures and no liability shall be incurred by the County beyond the amount of funds appropriated each a. The Contractor shall maintain accounts, books, fiscal year by the County Legislature for the records, documents, other evidence, and Services. accounting procedures and practices which b. If the County fails to receive Federal or State sufficiently and properly reflect all direct and indirect costs of any nature expended in the funds originally intended to pay for the Services, performance of the Contract, in accordance with or to reimburse the County, in whole or in part, generally accepted accounting principles and for payments made for the Services, the County with rules, regulations and financial directives, as shall have the sole and exclusive right to: may be promulgated by the Suffolk County Department of Audit and Control and the i.) determine how to pay for the Services; Department, The Contractor shall permit 19 of 24 pages Y01 -State ARTICLE VI r - T Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) IFMS SCSEXE Pseudo Code inspection and audit of such accounts, books, 6. Financial Statements and Audit Requirements records, documents and other evidence by the Department and the Suffolk County Comptroller, or their representatives, as often as, in their a. Notwithstanding any other reporting or judgment, such inspection is deemed necessary. certification requirements of Federal, State, or Such right of inspection and audit as set forth in local authorities, the Contractor shall obtain the subparagraph b. below shall exist during the services of an independent licensed public Term and for a period of seven (7) years after accountant or certified public accountant (the "Auditor") expiration or termination of the Contract. to audit its financial statements for each Contractor's "fiscal year" in which the b. The Contractor shall retain all accounts, books, Contractor has received, or will receive, three records, and other documents relevant to the hundred thousand ($300,000.00) dollars or more from the County, whether under the Contract or Contract for seven (7) years after final payment is other agreements with the County, and shall made by the County. Federal, State, and/or County auditors and any persons duty authorized submit a report to the County on the overall by the County shall have full access and the right financial condition and operations of the Contractor, including a balance sheet and to examine any of said materials during said period. Such access is granted notwithstanding statement of income and expenses, attested by the any exemption from disclosure that maybe Auditor as fairly and accurately reflecting the claimed for those records which are subject to accounting records of the Contractor in accordance with generally accepted accounting nondisclosure agreements, trade secrets and principles. The Contractor may solicit requests commercial information or financial information for proposals from a number of qualified that is privileged or confidential. accounting firms and review carefully the costs C. The Contractor shall utilize the accrual basis of of, and qualifications for, this type of work before accounting and will submit all financial reports selecting the Auditor. and claims based on this method of accounting b. The Auditor should be required to meet the during the Term. following minimum requirements: 5. Audit of Financial Statements i.) a current license issued by the New York State a. All payments made under the Contract are Education Department; subject to audit by the Comptroller pursuant to ii.) sufficient auditing experience Article V of the Suffolk County Charter. The in the not-for-profit, Contractor further agrees that the Comptroller governmental or profit - and the Department shall have access to and the making areas, as applicable; right to examine, audit, excerpt, copy or and transcribe any pertinent transactions or other records relating to services under the Contract. If iii.) a satisfactory peer review such an audit discloses overpayments by the issued within not more than County to the Contractor, within thirty (30) days three (3) years prior to the after the issuance of an official audit report by the date when the Auditor was Comptroller or his duly designated selected to conduct the audit. representatives, the Contractor shall repay the amount of such overpayment by check to the C. The audit must be conducted in accordance with order of the Suffolk County Treasurer or shall generally accepted governmental auditing submit a proposed plan of repayment to the standards. -Financial statements must clearly Comptroller. If there is no response, or if differentiate between County -funded programs satisfactory repayments are not made, the County and other programs that the Contractor may be may recoup overpayments from any amounts due operating. The use of subsidiary schedules should be encouraged for this purpose. The or becoming due to the Contractor from the County under the Contract or otherwise. Auditor must also prepare a Management Letter based on the audit. b. The provisions of this paragraph shall survive the d. In the event the Contractor is a not-for-profit expiration or termination of the Contract -for a organization or unit of local government and period of seven (7) years, and access to records expends five hundred thousand ($500,000.00) shall be as set forth in paragraph 25 of Article III, dollars or more of Federal monies, whether as a and paragraph 4(b) of Article V. recipient expending awards received directly from Federal awarding agencies, or as a 20 of 24 pages Y01 -State ARTICLE VI T - 7. Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) IFMS SCSEXE Pseudo Code subrecipient expending Federal awards received unit for which the Contractor will seek from a pass-through entity, such as New York reimbursement from the County, the Contractor State or Suffolk County, during any fiscal year shall submit to the County a written request for within which it receives funding under the approval to make such a proposed purchase, Contract, the audit must be conducted, and the rental or lease, with a list showing the quantity audit report ("Single Audit Report") must be, in and description of each item, its intended accordance with OMB Circular No. A-133 location and use, estimated unit price or cost, and (revised June 27, 2003). Single Audit Reports estimated total cost of the proposed order. must also be submitted to the designated Written approval of the County shall be required clearinghouse, cognizant agency and/or pass- before the Contractor may proceed with such through entity, to the extent required by the OMB proposed purchase, rental or lease of furniture, Circular referred to above. fixtures or equipment. All items purchased must e. The Contractor must submit to the County a be new or like new unless specifically described statement in writing, certified by its chief otherwise in the Budget. financial officer, which states the amount of Federal funding expended by the Contractor b. Purchase Practices/Proprietary Interest of during such fiscal year. The Contractor must County mail or deliver the certified statement to the Department and to the Executive Director of i.) The Contractor shall follow the general Auditing Services, Suffolk County Department of practices that are designed to obtain Audit and Control, H. Lee Dennison Building, i furniture, fixtures, equipment, 100 Veterans Memorial Highway, P. O. Box materials, supplies at the most 6100, Hauppauge, New York 11788-0099, as reasonable price or cost possible. soon as possible after the end of the Contractor's fiscal year. The statement must include all ii.) The County reserves the right to Federal funding received directly from the purchase or obtain furniture, fixtures, Federal government and all Federal funds passed equipment, materials, supplies for through •from the County and other pass-through the Contractor in accordance with the r entities. programmatic needs of the Contract. If the County exercises this right, the f. Copies of all financial statements, Management amount budgeted for the items so Letters, Single Audit Reports and other audit purchased or obtained by the County reports must be transmitted to the County and to for the Contractor shall not be available the Executive Director of Auditing Services at to the Contractor for any purpose the address set forth above. The reports must be whatsoever. Title to any such items submitted within thirty (30) days after completion purchased or otherwise obtained by the of the audit, but in no event later than nine (9) County for the programs encompassed months after the end of the Contractor's fiscal by the Contract and entrusted to the year, to which the audit relates. Contractor, shall remain in the County. g. These requirements do not preclude the County, the Comptroller, or their authorized iii.) The County shall retain a proprietary representatives,'or Federal or State auditors from interest in all furniture, removablefixtures, equipment, materials, and n auditing all records of the Contractor. Therefore, the records of the Contractor must be made supplies purchased or obtained the available to authorized representatives of Federal, Contractor and paid for or reimbursed State and County government for that purpose. to the Contractor pursuant to the terms of the Contract or any prior agreement h. The provisions of this paragraph shall survive the between the parties. expiration or termination of the Contract. iv.) The Contractor shall attach labels Furniture, Fixtures, Equipment, Materials, Supplies indicating the County's proprietary interest or title in all such property. a. Purchases, Rentals or Leases Requiring Prior Approval C. County's Right to Take Title and Possession Prior to placing any order to purchase, rent or Upon the termination or expiration of the lease any furniture, fixtures, or equipment valued Contract or any renewal thereof, the in excess of one thousand dollars ($1,000.00) per discontinuance of the business of the Contractor, the failure of the Contractor to comply with the 21 of 24 pages Y01 -State ARTICLE VI Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) terms of the Contract, the bankruptcy of the Contractor, an assignment for the benefit of its creditors, or the failure of the Contractor to satisfy any judgment against it within thirty (30) days of filing of the judgment, the County shall have the right to take title to and possession of all furniture, removable fixtures, equipment, materials, and supplies and the same shall thereupon become the property of the County without any claim for reimbursement on the part of the Contractor. d. Inventory Records, Controls and Reports The Contractor shall maintain proper and accurate inventory records and controls for all such furniture, removable fixtures and equipment acquired pursuant to the Contract and all prior agreements between the parties, if any. Three (3) months before the expiration date of the Contract, the Contractor shall make a physical count of all items of furniture, removable fixtures and equipment in its custody, checking each item against the aforesaid inventory records. A report setting forth the results of such physical count shall be prepared by the Contractor on a form or forms designated by the County, certified and signed by an authorized official of the Contractor, and one (1) copy thereof shall be delivered to the County within five (5) days after the date set for the aforesaid physical count. Within five (5) days after the termination or expiration date of the Contract, the Contractor shall submit to the County six (6) copies of the same report updated to such date of the Contract, certified and signed by an authorized official of the Contractor, based on a physical count of all items of furniture, removable fixtures and equipment on the aforesaid expiration date, and revised, if necessary, to include any inventory changes during the last three (3) months of the Term. IFMS SCSEXE Pseudo Code supplies from any cause, the Contractor shall immediately send the County a detailed written report thereon. Disposition of Property in Contractor's Custody Upon termination of the County's funding of any of the Services covered by the Contract, or at any other time that the County may direct, the Contractor shall make access available and render all necessary assistance for physical removal by the County or its designee of any or all furniture, removable fixtures, equipment, materials or supplies in the Contractor's custody in which the County has a proprietary interest, in the same condition as such property was received by the Contractor, reasonable wear and tear excepted. Any disposition, settlements or adjustments connected with such property shall be in accordance with the rules and regulations of the County and the State of New York. 8. Lease or Rental Agreements If lease payments or rental costs are included in the Budget as an item of expense reimbursable by the County, the Contractor shall promptly submit to the County, upon request, any lease or rental agreement. If during the Term, the Contractor shall enter into a lease or rental agreement, or shall renew a lease or rental agreement, the Contractor shall, prior to the execution thereof, submit such lease or rental agreement, to the County for approval. 9. Statement of Other Contracts Prior to the execution of the Contract, the Contractor shall submit a Statement of Other Contracts to the County. If the Contract is amended during the Term, or if the County exercises its option right, the Contractor shall submit a then current Statement of Other Contracts. e. Protection of Property in Contractor's 10. Miscellaneous Fiscal Terms and Conditions Custody a. Limit of County's Obligations The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, The maximum amount to be paid by the County fixtures, equipment, material or supplies in its is set forth on the first page of the Contract. custody against damage or loss by fire, burglary, theft, disappearance, vandalism, or misuse. In.the b. Duplicate Payment from m Other Sources event of burglary, theft, vandalism, or disappearance of any item of furniture, fixtures, Payment by the County for the Services shall not equipment, material or supplies, the Contractor duplicate payment received by the Contractor shall immediately notify the police and make a from any other source. record thereof, including a record of the results of any investigation which may be made thereon. In C. Funding Identification the event of loss of or damage to any item of furniture, fixtures; equipment, materials, or The Contractor shall promptly submit to the 22 of 24 pages Y01 -State . ARTICLE VI Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) County upon request, a schedule for all programs funded by the County, itemizing for each such program the sums received, their source and the total program budget. d. Outside Funding for Non -County Funded Activities Notwithstanding the foregoing provisions of the Contract, it is the intent of the County that the terms and conditions of the Contract shall not limit the Contractor from applying for and accepting outside grant awards or from providing additional educational activities/services which may result in the Contractor incurring additional costs, as long as the following conditions are met: i.) The County is not the Fund Source for the additional services; ii.) Sufficient funding is available for or can be generated by the Contractor to' cover the cost incurred by the Contractor to provide these additional services; and iii.) If sufficient funding is not available or cannot be generated, the County shall not be held liable for any of the additional costs incurred by the Contractor in furnishing such additional services. iv.) Prior to scheduling any such additional services on County -owned property, the Contractor shall obtain written County approval. The Contractor shall, to the County's satisfaction, submit any documentation requested by the Department reflecting the change, and identify the additional services to be provided and the source of funding that shall be utilized to cover the expenditures incurred by the Contractor in undertaking the additional services. e. Potential Revenue The Contractor shall actively seek and take reasonable steps to secure all potential funding from grants and contracts with other agencies for programs funded by the County. f. Payments Contingent upon State/Federal Funding Payments under the Contract may be subject to and contingent upon continued funding by State and/or Federal agencies. In the event payments are subject to such funding no payment shall be 23 of 24 pages ARTICLE VI IFMS SCSEXE Pseudo Code made until the Contractor submits documentation in the manner and form as shall be required by State and/or Federal agency. If late submission of claims precludes the County from claiming State or Federal reimbursement, such late claims by the Contractor shall not be paid by the County subject to subparagraph g. below, if, for any reason, the full amount of such funding is not made available to the County, the Contract may be terminated in whole or in part, or the amount payable to the Contractor may be reduced at the discretion of the County, provided that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction, and provided that money has been appropriated for payment of such costs. g. Denial of Aid If a State or Federal government agency is funding the Contract and fails to approve aid in reimbursement to the County for payments made hereunder by the County to the Contractor for expenditures made during the Term because of any act, omission or negligence on the part of the Contractor, then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal government agency, and the County's obligation to the Contractor shall be reduced by any such amounts. In such an event, if there should be a balance due to the County after it has made a final payment to the Contractor under the Contract, on demand by the County, the Contractor shall reimburse the County for the amount of the balance due the County, payable to the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. h. Budget The Contractor expressly represents and agrees that the Budget lists all revenue, expenditures, personnel, personnel costs and/or all other relevant costs necessary to provide the Services. Payment of Claims Upon receipt of a Suffolk County Payment Voucher, the County, at its discretion, may pay the Contractor during the Term, in advance, an amount not to exceed one sixth (1/6) of the maximum amount to be paid by the County set forth on the first page of the Contract. Y01 -State Rev. 10/24/2014; Law No. 14 -YO - Youth Bureau Line Item/Omnibus Grant (State) j. Payments Limited to Actual Net Expenditures The Contractor agrees that if, for any reason whatsoever, the Contractor shall spend during the Term for the purposes set forth in the Contract an amount less than, or receive amounts more than, provided in the Budget, the total cost of the Contract shall be reduced to the net amount of actual Contractor expenditures made for such purposes. The total amount to be paid by the County shall not exceed the lesser of (i) actual net expenditures or (ii) the total cost of the Contract on the cover page and in the Budget. Upon termination or expiration of the Contract, if the Contractor's total amount of allowable expenses is less than the total amount of the payments made during the Term, the Contractor shall prepare a check payable to the Suffolk County Treasurer for the difference between the two amounts and submit such payment to the County, along with the final Suffolk County Payment Voucher. L Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 Reimbursement to the Contractor for travel costs shall not exceed amounts allowed to County employees. All conferences that are partially or fully funded by the County that the Contractor's staff wishes to attend must be pre -approved, in writing, by. the County and must be in compliance with Suffolk County Standard Operating Procedure A-07 which may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then "Comptroller," then "Consultant's Agreements." Salaries The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all withholding and payroll taxes to the Federal/State governments has been provided to the County. In. • 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. n. Contractor Vacancies The County shall have the right of prior approval of the Contractor's filling of any vacant position as of the date of execution of the Contract or as may thereafter become vacant, and, in the 24 of 24 pages ARTICLE VI IFMS SCSEXE Pseudo Code exercise of that right. The County may promulgate reasonable regulations involving filling of vacancies which shallbe deemed to be incorporated by reference in, and be made part of, the Contract, provided, however, that subject to the availability of funding, approval for the hiring of replacement clerical shall be a Contractor determination. o. No Limitation On Rights Notwithstanding anything in this Article V to the contrary, the County shall have available to it all rights and remedies under the Contract and at law and equity. P. Comptroller's Rules and Regulations The Contractor shall comply with the . "Comptroller's Rules and Regulations for Consultant's Agreements" as promulgated by the Department of Audit and Control of Suffolk County and any amendments thereto during the Term of the Contract. The "Comptroller's Rules and Regulations for Consultant's Agreements" and "SOP A-07 Amendment 1" may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then "Comptroller," then "Consultant's Agreements." End of Text for Article V Y01 -State �O1ff9If RESOLUTION 2014-461 ADOPTED DOC ID: 9817 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-461 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20,2014: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2014 Southold Town Youth Services Agreement with the County of Suffolk and the Family Service League, in the amount of $9,063.00, for the term January 1, 2014 through December 31, 2014, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 01 MOVER: Robert Ghosio, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Doherty, Evans, Russell ABSTAIN: William P. Ruland Law No. 14—YO- U q - I IFMS SCSEXE 14000002839 Y02 Youth Bureau Implementing Agency Pseudo Code ARH1 CONTRACT This Contract ("the Contract") is between the County of Suffolk ("the County"), a municipal corporation of the State of New York, acting through its duly constituted Youth Bureau ("the Department"), located at the H. Lee Dennison Building — 3`a Floor, 100 veterans Memorial Highway, Hauppauge, New York (Mailing Address: Box 6100, Hauppauge, New York 11788-0099); and Town of Southold ("the Contractor"), a New York municipal corporation, having its principal place of business at 53095 Main Road, Southold, New York 11971 and Family Service League (Implementing Agency), a New York not-for- profit corporation, having its principal place of business at 790 Park Avenue, Huntington, New York 11743. The Contractor has been designated to receive funds from the County for various delinquency prevention programs ("the Services") through the Contractor and its Implementing Agency as set forth in Article I, entitled "Description of Services." Term of the Contract: January 1, 2014 through December 31, 2014. Total Cost of the Contract: Shall not exceed $9,063.00, to be paid as set forth in Articles I and VI, attached. Terms and Conditions: Shall be as set forth in Articles I through VI, attached hereto and made a part hereof. Percentage of Advance: In Witness Whereof, the parties hereto have executed the Town of South I By:_ _ Dame Title &/ aso o� Fed. g— Tax ID # 1— OC' 1 7, Date_. , M4 / ~ �� �/ �`[,4, . -CSS ej hereby certifies under penalties of perjury that I am an officer, of i _04— 1 have read and I am By: --lam Dennis M. as of the latest date written below. Suffolk Chief Deputy County Executive ate: ooZ 1 Family eague faiii liar i,%:th §A5-7 of Article V of the Suffoik County Code, N airkrCL i CA(\ COM'G-illy-UVI ���� r � Title fax 11D# and that i � meats all 'I7?r 1 l — i(.e318 a� Federal Tax . requirements to 'if , for exem n thereunder. Date Name g _ hereby, Bate_ _ J _ —certifies under penalties of perjury that I am an officer of 1-4-VAi Ll (1-Fk, , that I have read and i an, am iar with !� i-7 of Article V of the Suffolk County Cope, and that L� t'ICC 6Lrmcets ail 4Na ent o qualify for exemption thereunder. AiDDITONAL SIGNATURES ON FOLLOWING PAGE ------ y a T Law No. 14—YO- ©� IFMS SCSEXE 14000002839 YO2•Youth Bureau Implementing Agency Pseudo Code ARHI 4 Approved: Department By: Name: Roderick Pearson �A (4- PAK5--n Title: Executive Director_ Date l III Approved as to Form: Dennis M. Brown, Acting County Attorney By. � .,----- Patricia M. Jord Assistant County A orney Date / Page 2 of .280 0UL-1 ii to y f f Law No. 14—YO- Y03 Youth Bureau Implementing Agency List of Articles IFMS SCSEXE 14000002839 Pseudo Code ARHI Page # ArticleI.......................................................................................................................................................6 Descriptionof Services..............................................................................................................................6 I. Conflicting Provisions...........................................................................................................................6 ArticleIA....................................................................................................................................................7 DepartmentSpecific Provisions................................................................................................................7 1. Certificate of Incorporation; Board Meetings........................................................................................7 2. Contractor's Staff...................................................................................................................................7 a. Prior Approval.................................................................................................................................7 b. Current Procedures.......................................................................................................................... 7 3, Human Services Division Technical Assistance and Training..............................................................8 ArticleII......................................................................................................................................................9 Definitions..............................................................................:....................................................................9 1. Meanings of Terms................................................................................................................................9 2. Elements of Interpretation....................................:...............................................................................10 ArticleIII..................................................................................................................................................11 GeneralTerms and Conditions..............................................................................................................11 1. Contractor Responsibilities.............................................................:....................................................11 a, Duties and Obligations ..............:.... b. Qualifications, Licenses, and Professional Standards.................................................................... i I c. Notifications..................................................................................................................................1 I d. Documentation. of Professional Standards .....................................,,..,......................................,. i 1 e. Credentialing.................................................................................,...............................................11 f. Engineering Certificate..................................................................................................................12 2. Termination ..................... a. Thirty Days Termination....................................................................:.:.........................................12 b. Event of Default; Termination. on Notice ......................... .12 c. Termination Notice........................................................................................................................12 d. Duties upon Terniination..............................................................................................................I2 3. Indemnification and Defense...............................:...............................................................................12 4. Insurance.................................................:...:....:...................................................................................12 5. Independent Contractor........................................................................................................................13 6, Severability..........................................................................................................................................14 7. Merger; No Ural Changes....................................................................................................................I4 8. Set -Off Rights ................................ ............ ...........,.....,............ ....,................,...,...............,.................. 14 9: Non -Discrimination in Services........................................................................:..................................14 10. Nonsectarian Declaration...............................:.....................................................................................14 ! I. Governing L a�A..................................................................................,.......................................,...,......14 12. No Waiver ...................... ........................................ .............................. ..,..,.......... ................... 4 I3. Confli-ts of Interest..........:...............................................................:.....:............................................14 14. Cooperation on Claims ............................ ..............,........................................................ I .................... 15 15. Confidentiality ................................... .. ...:.........................................1. 16. Assignment and Subcontracting....................................................................................................... Page 3 of 28 y Law'No.14-YO- YO2 Youth Bureau Implementing Agency IFMS SCSEXE 14000002839 Pseudo Code ARM 17. Changes to Contractor ........................................................................15 ................................................. 18. No Intended Third Party Beneficiaries ................................... ......................16 ....................................... 19. Certification as to Relationships...............................................................16 ........................................... 20. Publications................................................................................ . ........................................................16 : 21. Copyrights and Patents .......................................... ..........16 a. Copyrights ..................... b. Patents.............................................................. ....16 22. Arrears to County .................................................... 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction..................................................................... 24. Certification Regarding Lobbying.......................................................................................................16 25. Record Retention.........•.................................................................................................................17 26. Notice............................................................................... .....................17 ArticleIV ........................................ ...............................................................................................18 SuffolkCounty Legislative Requirements......................................................... .........................18 1. Contractor'sNendor's Public Disclosure Statement...................................................18 2. Living Wage Law..............................................................................:.................... . ..18 3. Use of County Resources to Interfere with Collective Bargaining Activities....................................18 4. Lawful Hiring of Employees Law ........................................ 5. Gratuities.....,:..................................::.........,.............:..............,..,,........................................, .....19 6. prohibition Against Contracting with Corporations that Reincorporate Overseas......:.......................19 7. Child Sexual Abuse Reporting Policy....... ............................................. a ........ ....19 S. Non Responsible Bidder .....:........: y 9. Use of Funds in Prosecution: of Civil Actions prohibited.......................................................... ..,......20 10. Yo_ith Sports ....................................... .... ... . 11. Work Experience Participation ....................................................................................+....................20 12. Safeguarding Personal Information of Miisors................... ...,20 13. Suffolk County Local Laws Website Address............................................................................... .20 ArticleV....................................................................................................................6............. ..21 General Fiscal 'Perms and Conditions..................................................................................................21 1. General Payment'rerms.......................................................................................................................21 a. Presentation of Suffolk County Payment Voucher .............. .............................................................1 b, 3roucher Documentation ................. ............................ c. Payment by County ....................................................................... h d. Budget Modification 21 e, Budget and/or Services Revisions.................................................................................................21 f. Taxes ........ ............... ............ ........ ................................ .-.............. ,,,.-..................................... ,......... 22 g. Final Voucher................................................................................................................................22 2. Subject to Appropriation of Funds.............................>.......,.....,,.....•................................. 22 3. Personnel Salaries, Pension and Employee Benefit Plat -is, Rales a_r�d l �i`ocec�u_Tes 2^ Rules �% 4, Accounting Procedures ................. ............ ................................,...,......,..................................,..., ,...,2'' 5. Audit of Financial Statements..............4.......................... '3 6. Fina:.Cial Statement's and Audit Requirements ................................... ............. ........ ......... I ....... z ...... .23 7. Furniture, fixtures, Equipment, Materials, Supplies...........................................................................24 a. Purchases, Rentals or Leases Requiring Prior Approval.............................................................24 b. Purchase Practices�Troprietar� 3rtereSt ,,E ��t:ntv............... .. 24 Page 4 of 28 f I Law No. 14—YO- YOZ Youth Bureau Implementing Agency IFMS SCSEXE 14000002839 Pseudo Code ARM c. County's Right to Take Title and Possession ...........................................................................24 d. Inventory Records, Controls and Reports...................................,,......24 ........................................... e. Protection of Property in Contractor's Custody.............................................................................25 f. Disposition of Property in Contractor's Custody ............... .,..,..25 8. Lease or Rental Agreements ............................... 25 9. Statement of Other Contracts....................................................25 10. Miscellaneous Fiscal Terms and Conditions.......................................................................................25 a. Limit of County's Obligations.......................................................................................................25 b. Duplicate Payment from Other Sources........................................................................................25 c. Funding Identification............................................................................................................25 d. Outside Funding for Non -County Funded Activities....................................................................._5 e. Potential Revenue.....................................................................................................26 f, Payments Contingent upon State/Federal Funding........................................................................26 g. Denial of Aid.................................................................................................................................26 h. Budget..................................................................... .....26 i. Payment of Claims........................................................... ......26 j. Payments Limited to Actual Net Expenditures ................................................ .26 k.. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1......... 1. Salaries.............................................................................................. ..27 m. Salary Increases....................................................................................................... ,......27 n. Contractor Vacancies................................................................ 27 o. No Limitation On Rights ...................... p- Comptroller`s Rules and Regulations ..................................:.....................................................27 ArticleV1..................................................................................................................................................28 Budget Page 5 of 28 N. T Law No. 14—YO- Y02 Youth Bureau Implementing Agency Article I Description of Services IFMS SCSEXE 14000002839 Pseudo Code ARM Whereas, the Contractor has been identified in the 2014 Suffolk County Adopted Budget under the pseudo code as listed on page one of the Contract to perform the Services for the Department; and Whereas, the Department desires to have the Contractor provide a Juvenile Delinquency Prevention Program; and Whereas, the Contractor agrees to provide such a program to the County; Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Contractor references All references in this Contract to "Contractor" shall be deemed to refer to the Contractor and to the Implen ;enting Agency', except as otherwise indlcatad; provided that all provisions relating to Contractor's staff shall be deemed to apply only to the Implementing Agency. 3. Legislative Designated Funding Application; Description of Services (See 2-3 Pages Following, As Applicable) Remainder of Page Intentionally Lett Blank 6 o 28 pages ARTICLE I Y � 1 1 OCFS-5001 (Rev. 10/2009) NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES INDIVIDUAL PROGRAM APPLICATION Agency Summery Sponsoring COUNTY OF SUFFOLK Municipality: implementing Agency: Program Title: Agency Street Address: City: Federal ID* Charities Reg.: I -OWN OF SOUTHOLD PO BOX 1179 53095 MAIN SOUTHOLD 11-6001939 NA County: �-- K 0 SUFFOLK Total Program Budget OCFS Funds Requested 'Youth Bureau Allocated 'Youth Bureau Only NY $ 9063 (100%) $ ( % of Total) State: Period of Actual Program Operation FROM 01/01/14 TO Hours of Operations FROrR a. m. TO ElDaily . El Weekly [' Monthly Zip Code: 11971 12/31/14 5 p.m. Executive Director ❑ Board Chairperson631�t 765-1889 a 63eI 765-1823 Other SU PE Rb' 150 R TELEPHONE NUMBER FAX NUMBER _ SCOT T, A. RUSSELL PRINT NAME � SIGNATURE SCOTT. RUSSELLaTOWN.SOUTHOLD. PRY. US e, WW . southoldtownny.gov - EMAIL ADDRESS WEBSITE (IF APPLICABLE) PHILLIP BELTZ YOUTH BUREAU DIRECTOR ) 765-5806 CONTACT PERSON TITLE TELEPHONE NUMBER PHI LLIP.BEL.TZ@T.Oh'N.SOUTHOLD— NY.US ( ) MAIL ADDRESS FAX NUMBER SCOTT A. RUSSELL SUPERVISOR FISCAL OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS r FAX NUMBER The Aaencv Is: n Private Nnt fnr Prnft iA Public fi Reiiaious Carooration PROGRAM Type SITES Most Significant (3 Maximum) Address (Street, City, State, Zip) Assembly Dist. No. NYS Senate Dist. No. Local Plan'g Bd City Council District Office Town Hall, 53095 Main Roars I I I � Southold, MY 11971 MUNICIPAL AGENCIES ONLY Check if. L—! Joint Program Purchase of Service � 1 Specify Program ,rode and Name of Other Participating Municipalities: L------- — ---- 2. Is the attached Program; Total Budget (Form CCFS-3107) a con mined budgei for ail participating municipalities? Yes No 7 7 f PROGRAM DESCRIPTION The Southold Youth Services Program provides individual, group, family and crisis intervention counseling plus alcohol and substance abuse prevention/education services for the Town of Southold. The Southold Youth Services Program is open to all Suffolk County youth and their families. The Youth Service counselor also administers the Southold Town Community Service Sentencing Program for youth sentenced in the Southold Town Justice Court. The recidivism rate for those youth involved in the CSSP is less than 2%. The Youth Service counselor maintains a referral network with other youth service agencies, schools, the Southold Juvenile Aid Bureau, Suffolk County Probation Department and the Suffolk County Family Court, in the solution of youth related matters. The budget for the Youth Services program for 2014 is $33,000. y s i Law No. 14—YO- IFMS SCSEXE 14000002839 Y02'Youth Bureau Implementing Agency Pseudo Code ARM Article IA Department Specific Provisions (2) Contractor Letters The Contractor agrees to furnish to the 1. Certificate of Incorporation; Board Meetings County letter(s) regarding all personnel to be hired for the Services. The a. The Contractor shall furnish the Department with letter(s) shall include, but not be certified copies of its Certificate of Incorporation limited to: and by-laws, including any amendments thereto, at the time it signs this Contract, to the extent not i.) The specific tasks to be already on file with the Department, and any performed by the individual amendments thereto during the term of this employees during the course Contract promptly upon their adoption, and a list of the Services. of the board members governing the Contractor from time to time. The contractor shall not ii.) Salaries and hours to be dissolve any existing corporation or establish any worked by the individual new corporation with the responsibility for the employees during the course operation of the program without the prior of the Services. written approval of the Department. (3) County Approval b. Minutes of the Contractor's annual board meeting and one other board meeting, no longer The County reserves the right to than six (5) months thereafter, should be approve principal services personnel forwarded to the Department within two (2) proposed by the Contractor at the time weeks after the conclusion of the meetings. of entering into this Contract. Reasons for the County not approving said 2. Contractor's Staff personnel shall be for lack of qualification or lack of demonstration a. Prior Approval by the Contractor that said proposed personnel will not have a deleterious The Department shall have the right to prior effect on the proper and efficient approval of the filling of any position now vacant operation of the Services. or hereafter becoming vacant and may, in the exercise of that right, promulgate reasonable (4) .lob Descriptions, Qualifications regulations involving position control which shall, when promulgated, be deemed to be The Contractor will nominate to the incorporated by reference in and be made part of Department a Service director chosen this Contract. on the basis of the job description below. The Department shall review b. Current Procedures such nominations and may confirm them. Other staff positions provided (1) Resumes for in this Contract will be filled in accordance with written job The Contractor, at its own expense, descriptions as provided below. agrees to tarnish to the Department Employment of any staffmember under resumes of all personnel to be hired for the tennis of this the Services referred to in this Contract, Contract shall be subject to ongoing prior to their being hired. Resumes review for competency and aptitude of shall include, but not limited to: the staff member by the Department or its designees. The Department may i.) Previous job title(s) of the recommend dismissal or suspension of individual emclovee and the any staff member under this Contract. length of employment under each title; and/or (S3 Service Director ii.) Previous experience avid i.) Qualifications: Graduation length of'previotrs experience front an accredited college with a task or tasks similar or and/or university with a equai to the Services. ;Master's Degree in Social Work; or a Bachelor's Degree (4 -year college 7 o 28 pages ARTICLE IA 1 9 1 Law No. 14—YO- Y02'Youth Bureau Implementing Agency IFMS SCSEXE 14000002839 Pseudo Code ARHI degree) plus 2 years written records and reports of experience in Human work accomplished; shall Services. demonstrate ability to learn, ability to relate successfully ii.) Duties: Responsible for to clients and community, overall Service; hires and and capacity for development fires staff; chairs youth in professional use of self in advisory committee; relationships. administers and directs all Contractor Services; is 3. Human Services Division Technical Assistance and responsible to Board of Training Directors of the Contractor and has immediate charge of a. The Contractor agrees to participate in the and responsibility for the Human Services Division Technical Assistance Services; renders direct and Training Program. Such agreed participation services to clients as will include staff training on the topic of required; selects, trains and HIV/AIDS and not more than three (3) days -per - supervises program aides, year attendance at training on topics that may nonprofessional staff and include, but not be limited to, contract financial volunteers; has charge of reporting, the setting of service goals and petty cash account; make objectives, and service development. purchases and expends funds under the direction of the b. The Contractor may participate, at its election, in treasurer of the corporation any additional training made available by the or such other officers as the Human Services Division. Board of the corporation may direct. End of Text for Article IA (5) Youth 'Worker !.� Qualifications: Bachelor's Degree (Y -year college degree from an accre^ited college). iO Duties: Provides counseling, group work services, and professional supervision in lounge activities, is responsible to the Service director. Also shall keep written records and reports of work accomplished; shall demonstrate ability to learn, ability to relate successfully to clients and the community, and capacity for development in professional use of self in relationships. (7) Service Aides i.) Qualifications: High School Diploma and preferably some paid experience it youth work. ii) Duties! Report to Service director; sha'.1 cant' out assignments as paraprofessionals; shall keep 8 o 28 pages ARTICLE IA Law No. 14—YO- YO2 'Youth Bureau Implementing Agency Article II Definitions Meanings of Terms As used herein: "Audit of Financial Statements" means the examination by the Comptroller and any Federal or State auditing authority of the financial statements of the Contractor resulting in the publication of an independent opinion on whether or not those financial statements are relevant, accurate, complete, and fairly presented. "Budget" means the Contractor's summary or plan of all intended revenue, whether received in the form of fees, grants, County funding, or any other source, and expenditures necessary to render the Services. "Budget Deficiency Plan" means an analysis of the cost of the Services, changes in fiscal conditions, and required modifications to the Contract to continue to render the Services. "Comptroller" means the Comptroller of the County of Suffolk. "Contract" means all terms and conditions of this Contract forming all rights and obligations of the Contractor and the County. 'Contractor" means the signatory corporation, its officers, officials, employees, agents, servants, sub -contractors, and any successor or assign of any one or more of the foregoing performing the Services. "County" means the County of Suffolk, its depar~ments, and agencies. "County Attorney" means the County .'attorney of the County of Suffolk. "?department" means the signator, department approving the Contract. "Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying, as the case may be, under Section 7201 and Section 7203 of the State Education Law, respectively. "Event of Default" means IFMS SCSEXE 14000002839 Pseudo Code ARHI Insurance as its lawful agent for service of process; or d. the Contractor's failure to comply with any Federal, State or local law, rule, or regulation, and County policies or directives; or e. the Contractor's bankruptcy or insolvency; or f. the Contractor's failure to cooperate in an Audit of Financial Statements; or g. the Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfeasance in financial record keeping arising out of, or in connection with, any contract with the County; or h. the Contractor's failure to submit, or failure to timely submit, documentation to obtain Federal or State funds; or i. the inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the Contractor; or j. any condition that the County determines, in its sole discretion, is dangerous. "Federal" means the United States government, its departments, and agencies. "Fringe Benefits" means non -wage benefits which accompany, or are in addition, to, a person's salary, such as paid insurance, sick leave, profit-sharing plans, paid holidays, and vacations. "Fund Source" means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "Legislature" means the Legislature of the County of Suffoik. "Managemeni Letter" means a letter certified as true by the Contractor's certified public accountant or chief financial officer of findings and recommendations for improvements in internal fiscal control that were identified during an Audit of Financial Statements, but which were not required to be included in an audit report. "Municipal Corporation" means a town, village, or school district. "Services" means all that which the Contractor must do, and any part a. the Contractor's failure to perform any duty thereof arising out of or in connection with, the Contract as required of it under paragraphs I (b) -(e) of described in Article I "Description of Services." Article III of the Contract; or "Stafe" means the State of New York. b. the Contractor's failure to maintain the amount and type- of insurance with an authorized insurer "Statement of Other Contracts" means a complete List of all other as required by the Contract; or contracts under which money has been or wili be paid to the Contractor from the County, Federal; or State governments, or a C. the Contractor's failure to maintain insurance Municipal Corporation, and (r) which are currently in effect or (n) required by the Contract with an insurer that has which have expired within the past two1w, (12) months and 11mic not designated the New York Superintendent M' been renewed. 9 o 28 pages ARTICLE 11 z 1 ' Law No. 14—YO- Y02 %oath Bureau Implementing Agency "Suffolk County Payment Voucher" means the document authorized and required by the Comptroller for release of payment. "Term" means the time period set forth on page one of the Contract and, if exercised by the County, the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations, and other legal entities, including public bodies, as well as natural persons, and shall include successors and assigns. Capitalized terms used, but not otherwise defined, herein, shall have the meanings assigned to them in the Contract. End of Text for Article II 10 o 28 pages ARTICLE 11 IFMS SCSEXE 14000002839 Pseudo Code ARM 1 a ' Law No. 14—YO- IFMS SCSEXE 14000002839 Y02 'Youth Bureau Implementing Agency Pseudo Code ARHI Article III license required to qualify the license General Terms and Conditions holder or the Contractor to perform the Services. 1. Contractor Responsibilities iii.) In the event that the Contractor is not able to perform the Services due to a a. Duties and Obligations g loss of license, the Contractor shall not be reimbursed for the Services rendered I.) It shall be the duty of the Contractor to after the effective date of termination of discharge, or cause to be discharged, all such license. Without limiting the of its responsibilities, and to administer generality of the foregoing, if any part funds received in the interest of the of the Contract remains to be County in accordance with the performed, and the termination of the provisions of the Contract. license does not affect the Contractor's ability to render the Services, every ii. The Contractor shall promptly take all p p y other term and provision of the action as may be necessary to render Contract shall be valid and enforceable the Services. to the fullest extent permitted by law. iii.) The Contractor shall not take any d. Documentation of Professional Standards action that is inconsistent with the provisions of the Contract. The Contractor shall maintain on file, in one location in Suffolk County, all records that iv.) Services provided under this Contract demonstrate that it has complied with sub - shall be open to all residents of the paragraphs (b) and (c) above. The address of the County. location of the aforesaid records and documents shall be provided to the County no later than the b. Qualifications, Licenses, and Professional date of execution of the Contract. Such Standards documentation shall be kept, maintained, and available for inspeetiou by the County upon i.) The Contractor represents and war rants twenty-four (24) hours notice. that it has, and shall continuously Possess, during the Term, the required e. Credentialing licensing, education, knowiedge, experience, and character necessary to i.) In the event that the Department, or any qualify it to render the Services. division thereof, maintains a credentialing process to qualify the ii.) The Contractor s'r_aiI continuously have Contractor to render the Services, the during the Term all required Contractor shall! the required authorizations, certificates, credentialing process. In the event that certifications, registrations, licenses, any State credential, registration, permits, and other approvals required certification or license, Drug by Federal, State, County, or loca! Enforcement Agency registration., or authorities necessary to qualify it to Medicare or Medicaid certification is render the. Services. restricted, suspended, or temporarily or permanently revoked, it is the duty of C. Notifications the Contractor to contact the Department, or division thereof, as the I,) The Contractor shall immediately case may be, in writing, no later than notify the County, ii: writing, of any three (3) days after such restriction, disciplinary proceedings, commenced suspension, or revocation. or pending, with any authority relating to a license held by any person iii The Contractor shall forward to flee necessary to qualify him, her. or the Department, or ivision thereof, as the Contractor to perforin the Services. case may be. on or before July i of each year during the Term, a complete In the event that a person. is no longer list of the nrrnes and addresses of all licensed to perform the Services, the persons providing the Services, as well Contractor must immediately notify the as th6r respective areas of certification, County, but in no evert shall such credentialing, registration, and notiE,cation be leter than: five (5) days licensing. after a license `bider has inst the 1l of 28 pages ARTICLE III - Law No. 14—YO- IFMS SCSEXE 14000002839 YO2'Vouth Bureau Implementing Agency Pseudo Code ARM f. Engineering Certificate iv.) Upon termination, the Contractor shall reimburse the County the balance of In the event that the Contract requires any any funds advanced to the Contractor Engineering Services, the Contractor shall submit by the County no later than thirty (30) to the County, no later than the due date for days after termination of the Contract. submission for approval of any engineering work The provisions of this subparagraph product, the Certificate of Authorization shall survive the expiration or ("Certificate"), issued pursuant to termination of the Contract. § 7210 of the New York Education Law, of every person performing any Engineering Services. v.) Nothing contained in this paragraph The failure to file, submit, or maintain the shall be construed as a limitation on the Certificate shall be grounds for rejection of any County's rights set forth in paragraphs engineering work product submitted for approval. I (c) (iii) and 8 of this Article III. 2. Termination 3. Indemnification and Defense a. Thirty Days Termination a. The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, The County shall have the right to terminate the officials, and employees from and against all Contract without cause, for any reason, at any liabilities, fines, penalties, actions, damages, time, upon, such terms and conditions it deems claims, demands, judgments, losses, suits or appropriate, provided, however, that no such actions, costs, and expenses caused by the termination shall be effective unless the negligence or any acts or omissions of the Contractor is given at least thirty (30) days Contractor, including reimbursement of the cost notice. of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and b. Event of Default; Termination on Notice employees in any action or proceeding arising out of, or in connection with, the Contract. i.) The County may immediately terminate the Contract, for cause, upon such b: Tare, Coniractur hereby represents and warrants terms and conditions it deems that it will not infringe upon any copyright in appropriate, in the Evert of Defauit. performing the Services. The Contractor agrees that it shall protect, indemnify, and 'hold harmless If the contractor defaults under any the County, its agents, servants, officials, and other provision of the Contract, the employees from and against all liabilities, fines, County may terminate the Contract, on penalties, actions, damages, claims, demands, not less than five (5) days notice, upon iudgrnents, losses; suits or actions, costs, and such terms and conditions it deems expenses erising out of any claim asserted for appropriate. infringement of ropyrah+y rnrIrcrb reimbursement of the cost of reasonable C. Terminaticn Notice attorneys tees incurred by the County, its agents, servants, officials, and employees in any action or Any notice providing for termination shall be proceeding arising out of or in connection wit', delivered as provided for in paragraph 25 of this any claim asserted for infringement of copyright. Article III. e. The Contractor shall defend the County, its d. Duties upon Termination agents, servants, officials, and employees in any proceeding or action, including appeals, arising i.) The Contractor shall discontinue the out of, or in connection with, the Contract, and Services as directed in the termination any copyright infringement proceeding or action. notice. Alternatively, at the County's option, the County may defend any such proceeding or action and ii.) Subject to any defenses avaiiable to it, require the Contractor to pay reasonable the County shall pkv the Contractor for attorneys' fees or salary costs of County the Services rendered through the date enrYloyees of the Department of Law for the of termination. defense of any such suit. iii.) The County is released fro;n any and all 4. Ir urarnee liability under the Contract, effective as of the date of' he termination notice. a. The Contractor shall continuously maintain, .luring Vile Term of the rvntrait, insurar,::E is 12 of 28 pages ARTICLE 111 Law No. 14—YO- Y02 Youth Bureau Implementing Agency IFMS SCSEXE 14000002839 Pseudo Code ARHI amounts and types as follows: d. The Contractor shall furnish to the County, prior to the execution of the Contract, declaration i.) Commercial General Liability pages for each policy of insurance, other than a insurance, including contractual policy for commercial general liability insurance, liability coverage, in an amount not and upon demand, a true and certified original less than Two Million Dollars copy of each such policy evidencing compliance ($2,000,000.00) per occurrence for with the aforesaid insurance requirements. bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for e. In the case of commercial general liability property damage. The County shall be insurance and business use automobile insurance, named an additional insured. the Contractor shall furnish to the County, prior to the execution of the Contract, a declaration ii.) Automobile Liability insurance (if any page or insuring agreement and endorsement non -owned or owned vehicles are used page evidencing the County's status as an by the Contractor in the performance of additional insured on said policy, and upon the Contract) in an amount not less demand, a true and certified original copy of such than Five Hundred Thousand Dollars policy evidencing compliance with the aforesaid ($500,000.00) per person, per accident, insurance requirements. for bodily injury and not less than One Hundred Thousand Dollars f. All evidence of insurance shall provide for the ($100,000.00) for property damage per County to be notified in writing thirty (30) days occurrence. prior to any cancellation, nonrenewal, or material change in the policy to which such evidence iii,) Workers' Compensation and relates. It shall be the duty of the Contractor to Employer's Liability insurance in notify the County immediately of any compliance with all applicable New cancellation, nonrenewal, or material change in York State laws and regulations and any insurance policy. Disability Benefits insurance; if required by law. The Contractor shill g. In the event the Contractor shall fail to provide furnish to the County, prior to its evidence of insurance, the County may provide execution of the Contract, the the insurance required in such manner as the documentation required by the State of County deems appropriate and deduct the cost New York Workers' Compensation thereof from a Fund Source. Board of coverage or exemption from coverage pursuant to §§557 and 220 of h. If the Contractor is a Municipal Corporation and the Workers' Compensation Law. in has a self-insurance program under which it acts accordance with General Municipal as a self -insurer for any of such required Law § 108, the Contract shall be void covenage, the Contractor shall provide proof, and o." no effect unless the Contractor acceptable to the County, of self-funded shall provide and maintain coverage coverage. during the Term for the benefit of such employees as are required to be 5, indeper:dent Contractor covered by the provisions of the Workers' Compensation Law. The Contractor is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding iv.) Professional Liability insurance in an anything contained in this Contract. the Contract shall not amount not less than Two Million be construed as creating a principal -agent relationship Dollars ($2,000,000.00) on either a between the County and the Contractor or the Contractor per -occurrence or claims -made and the County, as the cage may be. coverage basis. b, Tie County may mandate an increase in the liability limits set forth in the immediately preceding paragraphs (4)(a)(i), (ii), tind (iv). c. All policies providing such coverage shall be issued by insurance companies authorized to do business in New York with an A.M. Best rating of A- or better. 13 of 28 pages ART ICL,E III t a. The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation; military status, or marital status i.) deny any individual the Services provided pursuant to the Contract; or ii.) provide the Services to an individual. that is different, or provided in a different manner, from those provided to others pursuant to the Contract; or iii.) subject an individual to segregation or separate treatment in any matter related to the individual's receipt of the Services provided pursuant to the Contract; or iv.) restrict an individual in any way P•oir, any advantage or privilege enjoyed by others receiving the Services provided pursuant to the Contract; . v.) treat an individual differently from others in determining whether or not The Contract shall be governed by, and construed in accordance with; the laws of the State of New York, without regard tc conflict of laws. Venue shall be designated in the Supreme Court, Suffolk County, the United States District Court for the Easiern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. 12. Ni Waiver It shall not be construed that any failure or forbearance of the County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. 13. Conflicts of inter est 14 of 28 pages AR'T'ICLE III he Contractor snail not, during the Term, pursue a course of conduct which would cause a reasonable person to relieve that he or she is likely to be engaged in acts that create a substantial conflict between its obligations under the Contract and its private interests. The Contractor is Law No. 14—YO- IFMS SCSEXE 14000002539 Y02'Youth Bureau Implementing Agency Pseudo Code ARM the individual satisfies any eligibility or 6. Severability other requirements or conditions which individuals must meet in order to It is expressly agreed that if any term or provision of this receive the Services provided pursuant Contract, or the application thereof to any person or to the Contract. circumstance, shall be held invalid or unenforceable to any b. The Contractor shall not utilize criteria or extent, the remainder of the Contract, or the application of methods of administration which have the effect such term or provision to persons or circumstances other of subjecting individuals to discrimination than those as to which it is held invalid or unenforceable, because of their race, creed, color, national shall not be affected thereby, and every other term and origin, sex, age, disability, sexual orientation, provision of the Contract shall be valid and shall be military status, or marital status, or have the enforced to the fullest extent permitted by lay. effect of substantially impairing the Contract with respect to individuals of a particular race, creed, 7. Merger; No Oral Changes color, national origin, sex, age, disability, sexual orientation, military status, or marital status, in It is expressly agreed that the Contract represents the entire determining: agreement of the parties and that all previous i.) the Services to be provided; or understandings are herein merged in the Contract. No modification of the Contract shall be valid unless in written ii.) the class of individuals to whom, or the form and executed by both parties. situations in which, the Services will be provided; or S. Set -Off Rights iii.) the class of individuals to be afforded an opportunity to receive the Services. The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, 10. Nonsectarian Declaration but not be limited to, the County's option to withhold from a Fund Source an amount no greater than any sum due and owing to the County for any reason. The County shall The Services performed under the Contract are secular in t exercise its set-off rights subject to approval by the County nature. No funds received pursuant to the Contract shall be n� Attorney. In cases of set-off pursuant to a Comptro�...r's . used for sectarian purposes or to further the advancement 'F audit, the County shall only exercise such right after the of any religion. The Services will be available to all finalization thereof, and only after consultation with the eligible individuals regardless of religious beliefor County Attorney. ciliation. 9. Non -Discrimination. in Services 31. Governiag Law a. The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation; military status, or marital status i.) deny any individual the Services provided pursuant to the Contract; or ii.) provide the Services to an individual. that is different, or provided in a different manner, from those provided to others pursuant to the Contract; or iii.) subject an individual to segregation or separate treatment in any matter related to the individual's receipt of the Services provided pursuant to the Contract; or iv.) restrict an individual in any way P•oir, any advantage or privilege enjoyed by others receiving the Services provided pursuant to the Contract; . v.) treat an individual differently from others in determining whether or not The Contract shall be governed by, and construed in accordance with; the laws of the State of New York, without regard tc conflict of laws. Venue shall be designated in the Supreme Court, Suffolk County, the United States District Court for the Easiern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. 12. Ni Waiver It shall not be construed that any failure or forbearance of the County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. 13. Conflicts of inter est 14 of 28 pages AR'T'ICLE III he Contractor snail not, during the Term, pursue a course of conduct which would cause a reasonable person to relieve that he or she is likely to be engaged in acts that create a substantial conflict between its obligations under the Contract and its private interests. The Contractor is ART1C LE i11 Law No. 14—YO- IFMS SCSEXE 14000002839 YO2 Youth Bureau Implementing Agency Pseudo Code ARHI charged with the duty to disclose to the County the voluntary, involuntary or by operation existence of any such adverse interests, whether existing or of law, of the partners, or transfer of potential. This duty shall continue as long as the Term. partnership interests (other than the The determination as to whether or when a conflict may purchase of partnership interests by potentially exist shall ultimately be made by the County existing partners, by the partnership Attorney after full disclosure is obtained. itself or the immediate family members by reason of gift, sale or devise), or the 14. Cooperation on Claims dissolution of the partnership without immediate reconstitution thereof, and The Contractor and the County shall render diligently to ii.) if the Contractor is a closely held each other, without compensation, any and all cooperation corporation whose stockd is not that may be required to defend the other party, its an not traded through publicly held and an employees and designated representatives, against any exchange or over the counter): claim, demand or action that may be brought against the other party, its employees or designated representatives 1. the dissolution, merger, arising out of, or in connection with, the Contract. consolidation or other reorganization of the Contractor; 15. Confidentiality Any document of the County, or any document created by 2. the sale or other transfer of twenty the Contractor and used in rendering the Services, shall percent (20%) or more of the remain the property of the County and shall be kept shares of the Contractor (other confidential in accordance with applicable laws, rules, and than to existing shareholders, the regulations. corporation itself or the immediate family members of shareholders 16. Assignment and Subcontracting by reason of gift, sale or, devise). a. The Contractor shall not delegate its duties under b. If the Contractor is a not-for-profit corporation, a the Contract, or assign, transfer, corrvey, change oftwenty percent (20410) or more of its subcontract, sublet, or otherwise dispose of the shares or members shall be deemed a Permitted Contract, or any of its right, title or interest Transfer, therein,, or its power to execute the Contract, or assign all or any portion of the monies that may ,. The Contractor shall notify the County in writing, be due or become due hereunder, (collectively which notice (the "Transfer Notice") shall referred to in this paragraph ih as "Assignment"), include: to any other person, entity or thing without the prior written consent of the County, and any i.) the proposed effective date of the attempt to do any of the foregoing without such Permitted Transfer, which shall not be consent shall be void ab initio. less than thirty (30) days nor more than one hundred eighty (180) days after the b. Such Assignment shall be subject to all of the date of delivery of the Transfer Notice; provisions of the Contract and to any other condition the County requires, No approval of ii.} a summary of the material terns of the any Assignment shall be coustrued as enlarging proposed Permitted `transfer; any obligation of the County under the terms and provisions of the Contract. No Assignment of the iii -1 the name and address of the proposed Contract or assumption by any person of any duty transferee; of the Contractor under the Contract shall provide for, or otherwise be construed as, iv.) such information reasonably required releasing the Contractor from any term or by the County, which will enable the provision of the Contract. County to determine the Financial responsibility, character, and reputation 1 Changes to Contractor of the proposed transferee, r a-wre of the proposed assigneeltransferee's business a. The Contractor may, from time to time, only with and experience; the 'ourrty'; written (7,onsent, enter into a Per;nitted Transfer, For purposes of the y.) all executed forms required pursuant to Contract, a Permitted Transfer means: Article IV of the Contract, that are required to be submitted by the Ll if the Contractor is a pa~ner ship, the Comractor; and ;J hdrawal or chonge, whether 15 a128 pages ART1C LE i11 Law No. 14—YO- IFMS SCSEXE 14000002839 YO2 Youth Bureau Implementing Agency Pseudo Code ARM vi.) such other information as the County 21. Copyrights and Patents may reasonably require. a. Copyrights d. The County agrees that any request for its consent to a Permitted Transfer shall be granted, If the work of the Contractor should result in the provided that the transfer does not violate any production of original books, manuals, films, or provision of the Contract, and the transferee has other materials for which a copyright may be not been convicted of a criminal offense as granted, the Contractor may secure copyright described under Article II of Chapter 189 of the protection. However, the County reserves to Suffolk County Code. The County shall grant or itself, and the Contractor hereby gives to the deny its consent to any request of a Permitted County, and to any other person designated by Transfer within twenty (20) days after delivery to the County, a royalty -free, nonexclusive license the County of the Transfer Notice, in accordance to produce, reproduce, publish, translate, or with the provisions of Paragraph 26 of Article otherwise use any such materials. III of the Contract. If the County shall not give written notice to the Contractor denying its b. Patents consent to such Permitted Transfer (and setting forth the basis for such denial in reasonable If the Contractor makes any discovery or detail) within such twenty (20) -day period, then invention during the Term, as a result of work the County shall be deemed to have granted its performed under the Contract, the Contractor consent to such Permitted Transfer. may apply for and secure for itself patent protection. However, the County reserves to e. Notwithstanding the County's consent, itself, and the Contractor hereby gives to the County, and to any other person designated by i.) the terms and conditions of the the County, a royaity-free, nonexclusive license Contract shall in no way be deemed to to produce or otherwise use any item so have been waived or modified; and discovered or patented. ii.) such consent shall not be deemed 22• arrears to County consent to anv further transfers. Contractor warrants that, except as may otherwise be I8. No Intended Third Party Beneficiaries authorized by agreement, it isnot in arrears to the 'County upon any debt, contract, or any other lawful obligation, arid The Contract is entered into solely for the benefit of the is not in default to the County as surety. County and the Contractor. No third party shall be deemed a beneficiary of the Contract and no third party shall have 23• Lawful Hiring off Employees Law in Connection the right to make any claim or asset any right under the vYith Contracts for Construction or Future Contract. Construction 19. Certification as to Relationships In the event that the Contract is subject to the Lawfitl Hiring of Employees Law of the County of Suffolk, Suffolk The Contractor certifies under penalties of perjury that, County Code article lI of Chapter 353, as more fully set other than through the funds provided in the Contract and forth in the Article entitled "Suffolk County Legislative other valid agreements with the County, there is no known. Requirements," the Contractor shall maintain the spouse, life partner, business, commercial, econornic, or documentation mandated to be kept by this law on the financial relationship with the County or its elected construction site at ali times. Employee sign -in sheets and officials. The Contractor also certifies that there is no register/log books shall be kept on the construction site at relationship within the third degree of consanguinity, ail times and all covered employees, as defined in the law, between the Contractor, any of its partners, ?nembers,snail be required to sign such sib -in sheets/register/log directors, or shareholders owning five (5%) percent or books to indicate. their presence on the construction site more of the Contractor, and the County. during such working hours. 20. Publications 24. Certif:cai:ian Regarding Lobbying Any hock, a icle, report, or other publication mated to tete Services provided pursuant to this v'ootract snail contain Together with this Contract and as a condition precedent to thu following statement in clear arid legible print: its execution by the County, the Contractor shalt have � executed and delivered to the County the Certification. ., a Regarding Lobbying (if l)ayme.nt under this Contract may "This publication is fatly cr partiaLy fun„cd b r . F c::cued I0C,1s)v) as requirzd by Federal regulations, and by 'he Cl:lrnty v 3tr=i'OIiC.' 16 of 28 pages ARTICLE IIT Law No. 14—YO- Y02 Youth Bureau Implementing Agency shall promptly advise the County of any material change in any of the information reported on such Certification, and shall otherwise comply with, and shall assist the County in complying with, said regulations as now in effect or as amended during the term of this Contract. 25. Record Retention The Contractor shall retain all accounts, books, records, and other documents relevant to the Contract for seven (7) years after final payment is made by the County. Federal, State, and/or County auditors and any persons duly authorized by the County shall have full access and the right to examine any of said materials during said period. Such access is granted notwithstanding any exemption from disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and commercial information or financial information that is privileged or confidential Without limiting the generality of the foregoing, records directly related to contract expenditures shall be kept for a period of ten (10) years because the statute of limitations for the New York False Claims Act thew York False Claims Act g 192) is ten (10) years. 26. Notice Unless otherwise expressly provided, all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: L) to the Contractor at the address on cage 1 of the Contract and 2.) to the County at the Department, or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the Comity Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 11788-0099. End of Text for Article III 17 of 28 pages ARTICLE III IFMS SCSEXE 14000002839 Pseudo Code ARH1 Law No. 14—YO- IFMS SCSEXE 14000002839 Y02 Youth Bureau Implementing Agency Pseudo Code ARM Application for County Compensation (Contract)." Article IV Suffolk County Living Wage Form LW -38; entitled Suffolk County Legislative Requirements Suffolk County Department of Labor — Living Wage Unit Living Wage Certification/Declaration — Subject To NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Audit." REQUIRED FORMS REFERENCED HEREIN ARE AVAILABLE ON FILE AT THE COUNTY ATTORNEY'S 3. Use of County Resources to Interfere with Collective OFFICE AND THE DEPARTMENT NAMED ON THE Bargaining Activities SIGNATURE PAGE OF THIS CONTRACT. It shall be the duty of the Contractor to read, become 1. Contractor's/Vendor's Public Disclosure Statement familiar with, and comply with the requirements of Article I of Chapter 803 of the Suffolk County Code. It shall be the duty of the Contractor to read, become County Contractors (as defined by section 803-2) shall familiar with, and comply with the requirements of section comply with all requirements of Chapter 803 of the Suffolk A5-7 of Article V of the Suffolk County Code. County Code, including the following prohibitions: Unless certified by an officer of the Contractor as being a. The Contractor shall not use County funds to exempt from the requirements of section A5-7 of Article V assist, promote, or deter union organizing. of the Suffolk County Code, the Contractor represents and warrants that it has filed with the Comptroller the verified b. No County funds shall be used to reimburse the public disclosure statement required by Suffolk County Contractor for any costs incurred to assist, Administrative Code Article V, section A5-7 and shall file promote, or deter union organizing. an update of such statement with the Comptroller on or before the 31st day of January in each year of the C. No employer shall use County property to hold a Contract's duration. The Contractor acknowledges that meeting with employees or supervisors if the such filing is a material, contractual and statutory duty and purpose of such meeting is to assist, promote, or that the failure to file such statement shall constitute a deter union organizing, material breach of the Contract, for which the County shall be entitled, upon a determination that such breach has if the Seim ices are performed on County property, the occurred, to damages, in addition. to all other legal Contractor must adopt a reasonable access agreement, a remedies, of fifteen percent (15%) of the amount of the neutrality agreement, fair communication agreement, non - Contract. intimidation agreement, and a maiority authorization card agreement. Required Form: Suffolk County Form SCE3i 22; entitled If tfie Services are for the provision of human services and "Contractor'sNendor's Public Disclosure Statement" are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. 2. Living Wage Law Linder the provisions of Chapter 803, the County shall have It shall be the 'duty of the Contractor to read, become the autlhority, under appropriate circumstances, to terminate familiar with, and comply with the requirements of Chapter the Contract and to seek other remedies as set forth therein, 575, of the Suffolk County Code. for violations ofthis Law. This Contract is subject to the Living Wage Law of the Reouired Form: County of Suffolk. The iaw requires that, unless specific Suffolk County Labor Law Form DOL -1-01; entitled exemptions apply; all employers (as defined) under service "Suffolk County Department of Labor — Labor Mediation contracts and recipients of County inancial assistance, (as Unit Union Organizing Certification I)eclaration - Subject defined) shall provide payment of a minimum wage to to Audit." employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the 4, Lawful Hiring of Employees Jaw Suffolk County Living Wage Law of the County of Sut%Ik. Under the provisions of the Living Wage Law, the County It shall be the duty of the Contractor to read, become shall have the autlhority, under appropriate circumstances. familiar with, and comply with the requirements of Article to tPnniraie the Contract and to seek ether remedies as set III of Chatter 353 of file Suff:3lk County Code. forth therein, for violations of this Law. This Contract is subject to the Lawful Hiring of Employees Required Forins: Law of the County of Suffolk. It provides that all covered employers, (as defined), and the owners thareof, as the case Suffolk County Living Wage Form LW -1; cr_titled "Suffolk may be, that are recipients of compensation from the County Deparment of Lallor — Living Wage Unit Notice. of Ce int, through any grata. loan; subsid)I 'funding, 18 of 28 pages ARTICLE TV i • Law No. 14—YO- IFMS SCSEXE 14000002839 Y02 Youth Bureau Implementing Agency Pseudo Code ARH1 appropriation, payment, tax incentive, contract, sheets/register/log books to indicate their presence on the subcontract, license agreement, lease or other financial site during such working hours. compensation agreement issued by the County or an awarding agency, where such compensation is one hundred Required Forms: percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the Suffolk County Lawful Hiring of Employees Law Form form of which is attached, certifying that they have LHE-1; entitled "Suffolk County Department of Labor — complied, in good faith, with the requirements of Title 8 of Notice Of Application To Certify Compliance With Federal the United States Code Section 1324a with respect to the Law (8 U.S.C. Section 1324a) With Respect To Lawful hiring of covered employees (as defined) and with respect Hiring of Employees." to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized Suffolk County Lawful Hiring of Employees Law Form representative of the covered employer or owner, as the LHE-2; entitled "Affidavit Of Compliance With The case may be; shall be part of any executed contract, Requirements Of 8 U.S.C. Section 1324a With Respect To subcontract, license agreement, lease or other financial Lawful Hiring Of Employees" compensation agreement with the County; and shall be made available to the public upon request. 5. Gratuities All contractors and subcontractors (as defined) of covered It shall be the duty of the Contractor to read, become employers, and the owners thereof, as the case may be, that familiar with, and comply with the requirements of Chapter are assigned to perform work in connection with a County 664 of the Suffolk County Code. contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or The Contractor represents and warrants that it has not awarding agency, where such compensation is one hundred offered or given any gratuity to any official, employee or percent (100%) funded by the County, shall submit to the agent of the County or the State or of any political party, covered employer a completed sworn affidavit (under with the purpose or intent of securing an agreement or penalty of perjury), the form of which is attached, securing favorable treatment with respect to the awarding certifying that they have complied, in good faith, with the or amending of an agreement or the making of any requirements of Title 8 of the United States Code Section determinations with respect to the performance of an 1324a with respect to the hiring ofcovered employees and agreement. with respect to the alien and nationality status ofthe owners thereof, as the case may be. The affidavit shall be 6, Prohibition Against Contracting with Corporations executed by an authorized representative of the contractor, that Reincorporate Overseas subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license :greemeni, lease It shall be the duty of the Contractor to read, become or other financial compensation agreement between the familiar with, and comply with the requirements of sections covered employer and the County; and shall be made A4-13 and A4 -i4 of Article IV of the Suffolk County available to the public upon request. Code. An updated affidavit shall be submitted by each such The Contractor represents that it is in compliance with employer, ow-nei, contractor and subcontractor no later sections A4-13 and A4-14 of Article IV of the Suffolk than January I of each year for the duration of any contract County Code. Such law provides that no contract for and upon the renewal or amendment of the Contract, and consulting services or goods and services shall be awarded whenever a new contractor or subcontractor is hired under by the County to a business previously incorporated within the terms of the Contract. the U.S.A. that has reincorporated outside the U.S.A. The Contractor acknowledges that such filings area Child Sexual Abuse Reporting Policy material, contractual and statutory duty and that the failure io file any such statement shall constitute a material breach It shall be the duty of the Contractor to read, become of the Contract. familiar with, arid comply with the requiter -gents of Article Under the provisions of the Lawful Hiring of Employees iI of Chapter 880 of the Suffolk County Code. Law, the County shall have the authority to terminate the Tie Contractor shall 11 comply with Article 11 of Chapter 880, Contract for violations of this L.aw and to seek other r- r- r "Cl''; of the .;u.t k �;ounty ode, entitled i.d Sexual Abuse remedies available under the tavr, a R.portirig i'o.'icy,'� a� now ii? effect Ui' ani?etZded hereafter Or The documentation mandated to be kept by this law shaii al, of any other Suffolk County Local Law that may become W11 times be kept on site. Employee sign, -in sheets and applicable during the tetra of the Contract with regard to regisi?r/log Docks shall be kept on site at all times during child sexual abuse reporting policy. working hours and all covered employees, as defined in the law, shall, be required to sign such sign. -in 8. Non l esporsibie Bidder 19 of 28 pages ARTICLE V Law No. 14—YO- IFMS SCSEXE 14000002839 Y02 Youth Bureau Implementing Agency Pseudo Code ARM It shall be the duty of the Contractor to read, become 12. Safeguarding Personal Information of Minors familiar with, and comply with the requirements of Article II of Chapter 189 of the Suffolk County Code. It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Suffolk County Upon signing the Contract, the Contractor certifies that it Local Law No. 20-2013, a Local Law to Safeguard the has not been convicted of a criminal offense within the last Personal Information of Minors in Suffolk County. ten (10) years. The term "conviction" shall mean a finding All contract agencies that provide services to minors are of guilty after a trial or a plea of guilty to an offense required to protect the privacy of the minors and are strictly covered under section 189-5 of the Suffolk County Code prohibited from selling or otherwise providing to any third under "Nonresponsible Bidder." party, in any manner whatsoever, the personal or identifying information of any minor participating in their programs. 9. Use of Funds in Prosecution of Civil Actions Prohibited 13. Suffolk County Local Laws Website Address It shall be the duty of the Contractor to read, become Suffolk County Local Laws, Rules and Regulations familiar with, and comply with the requirements of Article can be accessed on the homepage of the Suffolk III of Chapter 893 of the Suffolk County Code. County Legislature. The Contractor shall not use any of the moneys, in part or in whole, and either directly or indirectly, received under End of Text for Article IV the Contract in connection with the prosecution of any civil action against the County in any jurisdiction or any judicial or administrative forum. 10. Youth Sports It shall be the duty of the Contractor to read, become familiar with, and comply with Article III of Chapter 730 of the Suffolk County Code. All contract agencies that conduct youth sports programs are required to develop and maintain a %vritteri plan or policy addressing incidents of possible or actual concussion or other head injuries among sports program participants. Such plan or policy must be submit ed prior to the award of a Courity 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 wrinection with any such plan or policy. I L Work ;Experience Participation Lf 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 small be a work site for public -assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at ail times during the Term of the Contract. If no Memorandum of Understanding ("MJU") 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 ltistltodon, shall enter into such MOU as soon as possible atter the ekecuiion of the Contnurt and failure to enter into cc to perform in accordance v,,iih such MCU shall be deemed to be a failure to acrtbrrn 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 circurrstances. 20 of 28 pages AR'T'ICLE ISS Law No. 14—YO- YO2 Youth Bureau Implementing Agency IFMS SCSEXE 14000002839 Pseudo Code ARH1 Article V County Department of Audit and Control, shall be furnished to the County pursuant to, and as General Fiscal Terms and Conditions limited by, the Regulations for Accounting Procedures for Contract Agencies of the Suffolk General Payment Terms County Department of Audit and Control. In addition to any other remedies that the County a, Presentation of Suffolk County Payment may have, failure to supply the required Voucher documentation will disqualify the Contractor from any further County contracts. In order for payment to be made by the County to the Contractor for the Services, the Contractor C. Payment by County shall prepare and present a Suffolk County Payment Voucher, which shall be documented by Payment by the County shall be made within sufficient, competent and evidential matter. Each thirty (30) days after approval of the Suffolk Suffolk County Payment Voucher submitted for County Payment Voucher by the Comptroller. payment is subject to Audit at any time during the Term or any extension thereof. This d, Budget Modification provision shall survive expiration or termination of this Contract for a period of not less than i.) The parties shall use the Contract seven (7) years, and access to records shall be as Budget Modification Request fonn set forth in paragraph 25 of Article III, and ("Budget Modification") for revisions paragraph 4(b) of Article V. to the Budget and Services not involving an increase to the total cost b. Voucher Documentation of the Contract. If the Contractor is seeking such a modification, the The Suffolk County Payment Voucher shall list Contractor shall contact the all information regarding the Services and other Department to receive the form and items for which expenditures have been or will be enter the required information. When made in accordance with the Contract. Either the County and the Contractor agree as upon execution of the Contract (for the Services to such revisions, the Contractor shall aiready rendered and expenditures already made), sign the Budget Modification form and or not more than thirty (30) days after the return it to the County for execution expenditures were made, and in no event after the along with any other documentation the. 3151 day of January following the end of each year Department may require. of the Contract, the Contractor shall furnish the County with detailed documentation in support ii,) Such re quest must be made in advance of the payment for the Services or expenditures of incurring any expenditure for which under the Contact e.g. dates of the Service, the revision is needed. worksite locations, activities, hours worked, pay rates and all program Budget categories. :"'Pie iii.) Upon complete execution of the Budget Suffolk County Payment Voucher shall include Modification form, the County shall time records, certified by the Contractor as true return a copy to the Contractor. The and accurate, of all personnel for whom revision shall Pot be effective until the expenditures are claimed during t're period. Budget Modification is completely Time and attendance records of a project director, executed. if any, shall be certified by the Chairperson, President or other designated member of the iv.) The Budget Modification form may be Board of Directors of the Contractor. All Suffolk submitted only twice per calendar year County Payment Vouchers must bear a signature and may only be submitted prior to as that tem is defined pursuant to New York November 151h. of that year. State General Construction Law §46 by duly authorized persons, and certification of such e. Budget and/or Services Revisions authorization with certified specimen signatures thereon must be filed with the County by a i.) The parties shall use thr. Contract Contractor official empowered to sign the Budget'Services Revision Approval Contract, Disbursements made by the Contractor Form (Budget /Se. -,,ices Recisions) for in accordance with the Contract and submitted revisions to the Budget and Services for reirbursement ntust be documented and must involving any change to the total cost comply with accounting procedures as set forty: of the Contract due to a resolution of by tate Suffolk County Department of Audit and the Legis!ature, changes to the Control. Documentation., including any ether County's adopted anntr+I budgrt, or fo! oon(s) requi,ed by County or the Suffolk 21 of 28 Pales ARTICLE V Law No. 14—YO- IFMS SCSEXE 14000002839 YO2 Youth Bureau Implementing Agency Pseudo Code ARH1 any other reason necessitating revisions conditions under which such to the Budget or Services. reimbursement shall be paid. ii.) When the County and the Contractor C. The County may, during the Term, impose a agree as to such revisions, the Budget Deficiency Plan. In the event that a Department will enter the information Budget Deficiency Plan is imposed, the County into the Budget/Services Revisions shall promptly notify the Contractor in writing of form and send it to the Contractor for the terms and conditions thereof, which shall be signature. The Contractor shall return it deemed incorporated in and made a part of the to the County for execution along with Contract, and the Contractor shall implement any other documentation the those terms and conditions in no less than Department may require. fourteen (14) days. 3. Personnel Salaries, Pension and Employee Benefit iii.) Upon complete execution of the form Plans, Rules and Procedures by the parties, the County shall return a copy to the Contractor. The revision a. Upon request, the Contractor shall submit to the shall not be effective until the Budget County a current copy, certified by the /Services Revisions is completely Contractor as true and accurate, of its executed. i.) salary scale for all positions listed in f. Taxes the Budget; The charges payable to the Contractor under the personnel rales and procedures; Contract are exclusive of federal, state, and local taxes, the County being a municipality exempt pension plan and any other employee from payment of such taxes. benefit pians or arrangements. g. Final Voucher b. The Contractor shall not be entitled to reimbursement for costs under any pension or The acceptance by the Contractor of payment of benefit plan the Comptroller deems commercially all billings made on the final approved Suffolk unreasonable. County Payment Voucher shall operate as and shall be a release of the County from all claims C. Notwithstanding anything in this paragraph 3 of by the Contractor through the date of the 'this Article V, the County shall not be limited in Voucher. requesting such additional financial information it deems reasonable. 2. Subject to Appropriation of Funds y. Accounting Procedures a, The Contract is subiect to the amount of Funds appropriated each fiscal year and any subsequent a. The Contractor shall maintain accounts, books, modifications thereof by the County Legislature records, documents, other evidence, and and no liability shall be incurred by the County accounting procedures and practices which beyond the amount of funds appropriated each sufficiently and properly reflect all direct and fiscal year by the County Legislature for the indirect costs of any nature expended in the Services. performance of the Contract, in accordance with generally accepted accounting principles and b. If the County fails to receive Federal or State with rules, regulations and financial directives, as funds originally intended to pay for the Ser rices, may be promulgated by the Suffolk County or to reimburse the County, in whole or ir. part, Department of Audit arid Control and the for payments made for the Services, the County Department, The Contractor shall permit shall have the sole and exclusive right to. inspection and audit of such accounts, books. records, documents and other evidence by the d.terr,ine how to pay nF or the Ser-riccs; De aliment and the Suffoik County Co;nptroller, p , or their represeni.,tives, as often as, ill their ii d determine future payments to the ud�ment, such inspection is deemed necessary. g P Contractor; and Such riglit of inspection and audit as set forth in subparagraph b. below shall exist during the Ill.) determine what amounts, if any, are Term and for a period of seven (7) years after reinthursable to the County by the expiration or termination of the Contract. Contractor an the terirs and 2-2 of 28 pages ARTICLE V i Law No. 14—YO- IFMS SCSEXE 14000002839 Y02'Youth Bureau Implementing Agency Pseudo Code ARM b. The Contractor shall retain all accounts, books, other agreements with the County, and shall records, and other documents relevant to the submit a report to the County on the overall Contract for seven (7) years after final payment is financial condition and operations of the made by the County. Federal, State, and/or Contractor, including a balance sheet and County auditors and any persons duly authorized statement of income and expenses, attested by the by the County shall have full access and the right Auditor as fairly and accurately reflecting the to examine any of said materials during said accounting records of the Contractor in period. Such access is granted notwithstanding accordance with generally accepted accounting any exemption from disclosure that may be principles. The Contractor may solicit requests claimed for those records which are subject to for proposals from a number of qualified nondisclosure agreements, trade secrets and accounting firms and review carefully the costs commercial information or financial information of, and qualifications for, this type of work before that is privileged or confidential. selecting the Auditor. C. The Contractor shall utilize the accrual basis of b. The Auditor should be required to meet the accounting and will submit all financial reports following minimum requirements: and claims based on this method of accounting i.) a current license issued by during the Term. the New York State Education Department; 5. Audit of Financial Statements ii.) sufficient auditing experience a. All payments made under the Contract are in the not-for-profit, subject to audit by the Comptroller pursuant to governmental or profit - Article V of the Suffolk County Charter. The making areas, as applicable; Contractor further agrees that the Comptroller and and the Department shall have access to and the iii,) a satisfactory peer review right to examine, audit, excerpt, copy or issued within not more Chap transcribe any pertinent transactions or other three (3) years prior to the records relating to services under the Contract. If date when the Auditor was such an audit discloses overpayments by the selected to conduct the audit. County to the Contractor, within thirty (30) days after the issuance of an official audit report by the c. The audit must be conducted in accordance with Comptroller or his duly designated generally accepted governmental auditing representatives, the Contractor shall. repay the standards. Financial statements must cleariy amount of such overpayment by check to the differentiate between County -funded programs order of the Suffolk County Treasurer or shall and other programs that the Contractor may be submit a proposed plan of repayment to the operating. The use of subsidiary schedules Comptroller. If there is no response, or if should be encouraged for this purpose. The satisfactory repayments are not made, the County Auditor must also prepare a Management Letter may recoup overpayments from any amounts due based on the audit. or becoming due to the Contractor from the County under the Contract or otherwise. d. In the event the Contractor is a not-for-profit organization or unit of local government and b. The provisions of this paragraph shall survive the expends five hundred thousand ($500,000.00) expiration or termination of the Contract for a doilars or more of Federal monies, whether as a period of seven (7) years, and access to records recipient expending awards received directly shall be as set forth in paragraph 25 of Article I! I, from Federal awarding agencies, or as a and paragraph 4(b) of Article V. subrecipient expending Federal awards received from a pass-througli entity, such as New York 5. Fina. -inial Statements and Audit Requirements State or Suffolk County, during any fiscal year within which it receives f1jrding under the a. Notwithstanding any other reporting or Contract, the audit must be conducted, and the certification requirements of Federal, State; or audit report ("Single Audit Report") must be, in local authorities, the Contractor shall obtain the accordance with OMB Circular No. A -i33 services of as independe t lice :sed public (revised June 27, 2003). Single Audit Reports accountant or certified pubiir, accountant (the Must also he submiited to the designated "Auditor") to audit its financial statements for cogiiizrini agency and/or pass - each Contractor's "fiscal year' in which the throciea!;iighouse, through entity; to file extent required (;v the OivIR "oniractor has receivved, or will receive; three Cir Li refeYieU to above. hundred thousand $307,000.00 dollars or mrre ( ) z. The Contractor must submit to tae County a from the County, whether under the Contact or ct- ' writing, -t: _od by its chief �t,.rnent m . ti. ;g, cc. -`�_ 23 of 28 pages AR'riCLE v 24 of 28 pages ARTICLE V Law No. 14—YO- IFMS SCSEXE 14000002839 Y02'Youth Bureau Implementing Agency Pseudo Code ARM financial officer, which states the amount of b. Purchase Practices/Proprietary Interest of Federal funding expended by the Contractor County during such fiscal year. The Contractor must mail or deliver the certified statement to the i.) The Contractor shall follow the general Department and to the Executive Director of practices that are designed to obtain Auditing Services, Suffolk County Department of furniture, fixtures, equipment, Audit and Control, H. Lee Dennison Building, materials, or supplies at the most 100 Veterans Memorial Highway, P. O. Box reasonable price or cost possible. 6100, Hauppauge, New York 11788-0099, as soon as possible after the end of the Contractor's ii.) The County reserves the right to fiscal year. The statement must include all purchase or obtain furniture, fixtures, Federal funding received directly from the equipment, materials, or supplies for Federal government and all Federal funds passed the Contractor in accordance with the through from the County and other pass-through programmatic needs of the Contract. If entities. the County exercises this right, the amount budgeted for the items so E Copies of all financial statements, Management purchased or obtained by the County Letters, Single Audit Reports and other audit for the Contractor shall not be available reports must be transmitted to the County and to to the Contractor for any purpose the Executive Director of Auditing Services at whatsoever. Title to any such items the address set forth above. The reports must be purchased or otherwise obtained by the submitted within thirty (30) days after completion County for the programs encompassed of the audit, but in no event later than nine (9) by the Contract and entrusted to the months after the end of the Contractor's fiscal Contractor, shall remain in the County. year, to which the audit relates. g. These requirements do not preclude the County, iii.) The County shall retain a proprietary the Comptroller, or their authorized interest in all furniture, removable representatives, or Federal or State auditors from fixtures, equipment, materials, and auditing all records of the Contractor. Therefore, supplies purchased or obtained by the the records of the Contractor must be made Contractor and paid for or reimbursed available to authorized representatives of Federal, to the Contractor pursuant to the teirms State and County government for that purpose. of the Contract or any prior agreement between the parties. h. The provisions of this paragmpli shall survive the expiration or tcrrninatdon of the Comxact• iv.) The Contractor snail attach labeis indicating the County's proprietary 7. Furniture, Fixtures, Equipment, Materials, Supplies interest or title in all such property. A. Purchases, Rentals or Leases Requiring Prior , , County's Right to Take Title and Possession Approval Upon the termination or expiration of the Prior to placing any order to purchase, rent or Contract or any renewal thereof, the lease any fiirniture, fixtures, or equipment value.:; discontinuance of the business of the Contractor, in excess of one thousand dollars ($1,000.00) per the failure of the Contractor to comply with the unit for which the Contractor will seek terms of the Contract, the bankruptcy of the reimbursement from the County, the Contractor Contractor, an assignment for the benefit of its shall submit to the Count; a written request for creditors, or the failure of the Contractor to approval to make such a proposed purchase, satisfy any judgment against it within thirty (30) rental or lease, with a list showing the quantity days of fling of the judgment, the County shall and description of each item, its intended have the right to take title to and possession of all location and use, estimated unit prig, or cost, and furniture, removable fixtures, equipment, estimated total cost of the proposed order. materials, and supplies and ti -ie same shall Written approval of the County shall be required thereupon become the property of the County before the Contractor may proceed with such without any claim for reimbursement on the part proposed purchase, rental or lease offurniti-ire; of the C=ontractor. fixtufes or equipment: All items purchased must be new or like new unless specifically described d. ;inventory Records, Controls and Reports otherwise in the Budget. The Contractor shall maintain proper and accurate inventory records and controls for all such f=urniture, removable fixtures and equipment 24 of 28 pages ARTICLE V ARTICLE V Law No. 14—YO- IFMS SCSEXE 14000002839 Y02 Youth Bureau Implementing Agency Pseudo Code ARH1 acquired pursuant to the Contract and all prior accordance with the rules and regulations of the agreements between the parties, if any. Three (3) County and the State of New York. months before the expiration date of the Contract, the Contractor shall make a physical count of all 8. Lease or Rental Agreements items of furniture, removable fixtures and equipment in its custody, checking each item If lease payments or rental costs are included in the Budget against the aforesaid inventory records. A report as an item of expense reimbursable by the County, the setting forth the results of such physical count Contractor shall promptly submit to the County, upon shall be prepared by the Contractor on a form or request, any lease or rental agreement. If during the Term, forms designated by the County, certified and the Contractor shall enter into a lease or rental agreement, signed by an authorized official of the or shall renew a lease or rental agreement, the Contractor Contractor, and one (1) copy thereof shall be shall, prior to the execution thereof, submit such lease or delivered to the County within five (5) days after rental agreement, to the County for approval. the date set for the aforesaid physical count. Within five (5) days after the termination or 9. Statement of Other Contracts expiration date of the Contract, the Contractor shall submit to the County six (6) copies of the Prior to the execution of the Contract, the Contractor shall same report updated to such date of the Contract, submit a Statement o. Other Contracts to the County. If the certified and signed by an authorized official of Contract is amended during the Term, or if the County the Contractor, based or. a physical count of all exercises its option right, the Contractor shall submit a then items of furniture, removable fixtures and current Statement of Other Contracts. equipment on the aforesaid expiration date, and revised, if necessary, to include any inventory changes during the last three (3) months of the 10. Miscellaneous Fiscal Terms and Conditions Term. a. Limit of County's Obligations e. Protection of Property in Contractor's Custody The maximum amount to be paid by the County is set forth on the first page of the Contract. The Contractor shall maintain vigilance and take all reasonable precautions to protect the Parniture, b; Duplicate Payment from Other Sources fixtures, equipment, material or supplies in its custody against damage or loss by fire, burglary, Payment by the County for the Services shall not theft, disappearance, vandalism, or misuse. In the duplicate payment received by the Contractor evert of burglary, theft, vandalism, or from any other source. disappearance of any item of furniture, fixtures, equipment, material or supplies, the Contractor C. Funding Identification shall immediately rotif< the police and make a record thereof, including a record of the results of The Contractor shall promptly submit to the any investigation which may be made thereon. in County upon request, a schedule to!- all programs the event of 'loss of or damage to any iters of funded by the County, itemizing for each such furniture, fixtures, equipment. materials, or program the sums received, their source and the supplies from any cause, the Contractor stial!! total program budget. immediately send the County a detailed written report thereon. d, Outside Funding for Non -County Funded Activities f. Disposition of Property in Contractor's Custody Notwithstanding the foregoing provisions of the Contract, it is the intent of the County that the Upon termination of the County's funding of any terms and conditions of the Contract shall not of the Services covered by the Contract, or at any limit the Contractor from applying for and other tune that tjie County may direct, the accepting outside grant awards or from providing Contractor shall ma1;e access available and render additional educational activities/services which alt necessary assistance for physical removal by may result in tl!e Contractor incurring additional the C'ount;Y or its designee of any or all furnitt;re, u0sts, as long as the following conditions al. met: removable fixtures; equipment, materials or supplies in the Contractor's custody in villich the i.) The County i:: not the Fund Source for County has a proprietary interest, in the same the additional services: condition as such property, was received by the ii.) Sufficient funding is available for or Contractor, reasonable wear and tear excepted. can be generated by the Contractor to Any disposition, set lements or adjustments ever the cyst :nr Pr y the connected with such propery shall be in 25 of 28 pages ARTICLE V Law No. 14—YO- Y02 Youth Bureau Implementing Agency Contractor to provide these additional services; and iii.) If sufficient funding is not available or cannot be generated, the County shall not be held liable for any of the additional costs incurred by the Contractor in furnishing such additional services. iv.) Prior to scheduling any such additional services on County -owned property, the Contractor shall obtain written County approval. The Contractor shall, to the County's satisfaction, submit any documentation requested by the Department reflecting the change, and identify the additional services to be provided and the source of funding that shall be utilized to cover the expenditures incurred by the Contractor in undertaking the additional services. IFMS SCSEXE 14000002839 Pseudo Code ARM any act, omission or negligence on the part of the Contractor, then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal government agency, and the County's obligation to the Contractor shall be reduced by any such amounts. In such an event, if there should be a balance due to the County after it has made a final payment to the Contractor under the Contract, on demand by the County, the Contractor shall reimburse the County for the amount of the balance due the County, payable to the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. h. Budget The Contractor expressly represents and agrees that the Budget lists all revenue, expenditures, personnel, personnel costs and/or all other relevant costs necessary to provide the Services. e. Potential Revenue i. Payment of Claims The Contractor shall actively seek and take reasop-able steps to secure all potential funding from grants and contracts with other agencies for programs funded by the County. Payments Contingent upon State/Federal Funding Payments under the Contract may be subject to and contingent upon continued funding by State and/or Federal agencies. In the event payments are subject to such funding no payment shall be made until the Contractor submits documentation in the manner and form as shall be required by State and.!or F ederal agency. if late submission of claims precludes the County from claiming State or Federal reimbursement, such late claims by the Contractor shall not be paid by the County subject to subparagraph g. below, if, for any reason, the full amount of such funding is not made available to the County, the 'contract may be terminated in whole or in part, or the amount payable to the Contractor may be reduced at the discretion of the County, provided that any such termination or reduction shall not apply to allowable costs incur ried by the Contractor prior w such termination or reduction, and provided that maney has been appropriated fc;r payment of such costs. Upon receipt of a Suffolk County Payment Voucher, the County, at its discretion, may pay the Contractor during the Term, in advance, an amount not to exceed one sixth (1/5) ofthe maximum amount to be paid by the County set forth on the first page of the Contract. i. Payments Limited to Actual Net Expenditures rhe Contractor agrees that if; for any reason whatsoever, the Contractor shall spend during the Term for the purposes set forth in the Contract an amount less than, or receive amounts more than, provided in the, Budget, the total cost of the Contract .shall be reduced to the net amount of actual Contractor expenditures made for suyh purposes. 'rhe total amount to be paid by the County shall not exceed the lesser of (i) actual net expenditures or (ii), the total cost of the Contract on the cover page and in the Budget. Upon, termination or expiration of the Contract, if the Contractor's total amount of allowable expenses is less than the total arnount of the payments made during the Tenn, the Contractor shall prepare a check payable to the Suffolk County Treasurer for the difference between the two amounts and submit such payment to the County, along with the final Suffolk County Payment Voucher. P-. Defiial of Aid K.. Travel, Conference, and I`Vj6?,tinal Attendance: If a State or Federal government agency is SDP A`07 Amendment i funding the Contract and fails to approve aid in CeimburSen"ient t0 the County for payments made �?:mb'�'rsement t0 The Contractor for travel costs ' ' shall not exceed ame-Unts allowed to County hereunder by the County to the Contractor for expenditures made during the Terra bi2cause of employees. All conferences that are partially or fully fl.nded by the County t'rut the.. ContractOr's 25 of 28 pages ARTICLE V Law No. 14 -YO - Y02 Youth Bureau Implementing Agency staff wishes to attend must be pre -approved, in writing, by the County and must be in compliance with Suffolk County Standard Operating Procedure A-07 which may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then "Comptroller," then "Consultant's Agreements." Salaries The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all withholding and payroll taxes to the Federal/State governments has been provided to the County. M. 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. n. Contractor Vacancies The County shall have the right of prior approval of the Contractor's filling Of any vacant position as of the date of execution of the Contract or as may thereafter become vacant, and, in the exercise of that right. The County may promulgate reasonable regulations involving filling of vacancies which shall be deemed to be incorporated by reference in, and be made part of, the Contract, provided, however, Thai subitct to the availability of funding, approval for the hiring of replacement clerical shall be a Contractor determination. o. No Limitation On Rights Notwithstanding anything in this Article V to the contrary, the County shall have available to it ail rights and remedies under the Contract and at law and equity. p. Comptroiler's Rilles and Regulations The Contractor shall comply with the "Comptroller's Rules and Regulations for Consultant's Agreements' as promulgated by the Department of Audit and Control of Suffolk County and any amendments thereto during the Term of the Contract. The "Comptroller's Rules and Regulations for Consultant's Agreements" and "SOP A-07 A_rlendrnent 1" may be viewed online at the or;nty's website; Su;fol ru,kCoun* ny.gov; rn to "Goverment,,, then "Comptroller," then "Consultant's Agreements." End of Text for Arti: ie V 27 of 28 pages ARTICLE V IFMS SCSEXE 14000002839 Pseudo Code ARHI Law No. 14—YO- YO2 Youth Bureau Implementing Agency 4. Article VI Budget (see attached) 28 of 28 Pages ARTICLE VI IFMS SCSEXE 14000002839 Pseudo Code ARM 4 OCFS-4107 (Rev, 4312032) n NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES PROGRAM BUDGET APPENDIX B PROGRAM CODE: i f CONTRACT NUMBER: ��--�-- �— =.G=NCY/MUNICIPALIT' Town of Southold PROGRAM TITLE: Southold Youth Sprmices FUND YDDP PERSONAL SERVICES: POSITION TALE RATE OF BASIS TOTAL. O%FS PROGRAM AMOUNT (1) TOTAL OGFS FUNDS REQUESTCC - PAYH. 4Y, Bw. SIa FOR W PROGRAM $ ,. $ $ $ $ ' is $. TOTAL SAtAMES AND i1S'AGES TOTAL FRINGE Ba(E F(TS $ $ 7 TOTAL PERSONAL SERVICES ('F) 3+ � COINTRACTIED SERVICES AND SnPENDS ; BASE TYPE OFF !ICE (SR CO'—liILTA€ ITT.UE � F'.TE OF TOTAL OCr; PROGRAM AMOiINT(t)' . B PAY. {3,ivi eR) Farl:ly. . Service Lia ue $ 755.25 . ---m--7 9, 063.00 - vt .. - • TOTAL CONTRACTED SERVICES (2) TOTAL MAINTENANCE & OPERATION (3) LIST EQUIPMENT TO BE PURCHASED OR RENTED: (UNIT COST OVER 5200 AND LIFE EXPECTANCY OF OVER TWO YEARS) FACII_I7Y REPAIRS PROGRAM SITE ADDRESS _ YQTAL FACILITY REPAIRS '4) TOTAL OCFS PROGRAM. r1M•'JO NT i TOTAL0CFS`FUNDS REQUESTED. �S { LI:.:T Of OTHERI"Vi`!L11'1_ SOI -RICES I v i RFlh 7jRSABLE I OTfiL 1 1 I � S I r.;v-Nlcl^r,L FUNDING , OTHER SOLiRCES ear- w t.. .. ..-.-.....