HomeMy WebLinkAboutSTOP DWI �FFgt RESOLUTION 2014-562
` + ADOPTED DOC ID: 9916
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-562 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 17,2014:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the STOP-
DWI Program in an amount not to exceed $57,000.00 ($19,000.00 per year) for the term January
1, 2014 through December 31, 2016, subject to the approval of the Town Attorney.
0�-4144?-2?6�
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Louisa P. Evans,Justice
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Rev. 12/17/13; Law No—16-DWI-002 IFMS: SC PRO 00000006419
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Contract
This Contract("Contract")is between the County of Suffolk("County"), a municipal corporation of
the State of New York, acting through its duly constituted Department of Probation/STOP-DWI Program
("Department"), located at 395 Oser Avenue,Hauppauge,NY 11788; and
1171
Town of Southold ("Contractor"),a Municipal Corporation,having an address at P.O.Bog M,
Southold,New York 11971 . 0a5j
The Contractor has been designated to receive funds from the County for DWI enforcement road check
patrols ("Services")as set forth more fully in Article I, entitled"Description of Services."
Term of the Contract: January 1, 2014 through December 31, 2016.
Total Cost of the Contract: Shall not exceed$57,000.00,to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through V1,attached hereto and made a part
hereof.
In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below.
Town of Sou COUNTY OF SUFFOLK
By: �E
Name: U By:
Title: Dennis M. Cohen
Fed. Tax hD#: 11-6001939 Chief Deputy County Executive
Date n n A0 z!e Date:
Sml�. A. KtLw:,e hereby Approved:
certifies under penalties of perjury that I am an officer of
the Town of Southold.that I have read and I am familiar Department of Probation
with§A5-7 of Article V of the Suffolk County Code,and
that the Town of Southold,meets all requirements to By:
qualify m
for exe on thereunder. Nae:
Title:
Name Date Zc Date
Approved as to Form:
Dennis M.Brown
11111'M11111 mini County Attorney
0026989 By:
Janet Ford
Assistant County Attorney
Date
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List of Articles
Page#
Article I .............................................................................................................................................................................5
Description of Services..........................................................................................................................................................5
1. Conflicting Provisions..........................................................................................................................5
ArticleH .............................................................................................................................................................................8
Definitions .............................................................................................................................................................................8
1. Meanings of Terms...............................................................................................................................8
2. Elements of Interpretation..................................................................................................................... 9
ArticleIII ...........................................................................................................................................................................10
GeneralTerms and Conditions.......................................................................................................................».................10
1. Contractor Responsibilities................................................................................................................. 10
a. Duties and Obligations.................................................................................................................. 10
b. Qualifications,Licenses, and Professional Standards................................................................... 10
c. Notifications.................................................................................................................................. 10
d. Documentation of Professional Standards.................................................................................... 10
e. Credentialing. ............................................................................................................................... 10
f. Engineering Certificate................................................................................................................. 11
2. Termination......................................................................................................................................... I1
a. 'Thirty Days Termination............................................................................
b. Event of Default; Termination on Notice ..................................................................................... 11
c. Termination Notice....................................................................................................................... 11
d. Duties upon Termination.............................................................................................................. 11
3. Indemnification and Defense.............................................................................................................. 11
4. Insurance............................................................................................................................................. 11
5. Independent Contractor....................................................................................................................... 12
6. Severability......................................................................................................................................... 13
7. Merger;No Oral Changes................................................................................................................... 13
8. Set-Off Rights..................................................................................................................................... 13
9. Non-Discrimination in Services.......................................................................................................... 13
10.Nonsectarian Declaration.................................................................................................................... 13
11.Governing Law................................................................................................................................... 13
12.No Waiver........................................................................................................................................... 13
13.Conflicts of Interest............................................................................................................................. 13
14. Cooperation on Claims.................................................................................................... ....... 14
15.Confidentiality.................................................................................................................................... 14
16.Assignment and Subcontracting.......................................................................................................... 14
17. Changes to Contractor......................................................................................................................... 14
18.No Intended Third Party Beneficiaries................................................................................................ 15
19. Certification as to Relationships....................................................................... .. 15
................................
20.Publications......................................................................................................................................... 15
21.Copyrights and Patents........................................................................................................................ 15
a. Copyrights..................................................................................................................................... 15
b. Patents........................................................................................................................................... 15
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22. Arrears to County................................................................................................................................ 15
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction........................................................................................................................................ 15
24. Certification Regarding Lobbying..............................................................................13
25. Record Retention................................................................................................................................ 15
26.Notice.................................................................................................................................................. 16
ArticleIV ...........................................................................................................................................................................17
SuffolkCounty Legislative Requirements.........................................................................................................................17
1. Contractor's/Vendor's Public Disclosure Statement.......................................................................... 17
2. Living Wage Law................................................................................................................................ 17
3. Use of County Resources to Interfere with Collective Bargaining Activities .................................... 17
4. Lawful Hiring of Employees Law....................................................................................................... 17
5. Gratuities............................................................................................................................................. 18
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas............................. 18
7. Child Sexual Abuse Reporting Policy................................................................................................ 18
8. Non Responsible Bidder..................................................................................................................... 19
9. Use of Funds in Prosecution of Civil Actions Prohibited................................................................... 19
10. Youth Sports....................................................................................................................................... 19
11.Work Experience Participation........................................................................................................... 19
12. Safeguarding Personal Information of Minors i7
13. Suffolk County Local Laws Website Address.................................................................................... 19
Article V ...........................................................................................................................................................................20
GeneralFiscal Terms and Conditions...............................................................................................................................20
1. General Payment Tertxis......................................................................................................................20
a. Presentation of Suffolk County Payment Voucher.......................................................................20
b. Voucher Documentation...............................................................................................................20
c. Payment by County.......................................................................................................................20
d. Budget Modification.....................................................................................................................20
e. Budget and/or Services Revisions.................................................................................................20
f. Taxes.............................................................................................................................................21
g. Final Voucher................................................................................................................................21
2. Subject to Appropriation of Funds......................................................................................................21
3. Personnel Salaries,Pension and Employee Benefit Plans, Rules and Procedures..............................21
4. Accounting Procedures.......................................................................................................................21
5. Audit of Financial Statements.............................................................................................................22
6. Financial Statements and Audit Requirements...................................................................................22
7. Furniture, Fixtures, Equipment,Materials, Supplies..........................................................................23
a. Purchases,Rentals or Leases Requiring Prior Approval ..............................................................23
b. Purchase Practices/Proprietary Interest of County........................................................................23
c. County's Right to Take Title and Possession...............................................................................23
d. Inventory Records, Controls and Reports.....................................................................................23
e. Protection of Property in Contractor's Custody............................................................................24
f. Disposition of Property in Contractor's Custody..........................................................................24
8. Lease or Rental Agreements...............................................................................................................24
9. Statement of Other Contracts..............................................................................................................24
10.Miscellaneous Fiscal Terms and Conditions......................................................................................24
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a. Limit of County's Obligations......................................................................................................24
b. Duplicate Payment from Other Sources........................................................................................24
c. Funding Identification...................................................................................................................24
d. Outside Funding for Non-County Funded Activities....................................................................24
e. Potential Revenue.........................................................................................................................25
f. Payments Contingent upon State/Federal Funding.......................................................................25
g. Denial of Aid.................................................................................................................................25
h. Budget...........................................................................................................................................25
i. Payment of Claims........................................................................................................................25
j. Payments Limited to Actual Net Expenditures.............................................................................25
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 ....................................25
1 Salaries..........................................................................................................................................26
m. Salary Increases.............................................................................................................................26
n. Contractor Vacancies....................................................................................................................26
o. No Limitation On Rights ..............................................................................................................26
p. Comptroller's Rules and Regulations...........................................................................................26
Article VI
Budget
Exhibit A Suffolk County STOP-DWI Claim Payroll Register
Exhibit B Suffolk County STOP-DWI Claim Record of Fringe Benefits
Exhibit C Quarterly Expenditure
Exhibit D STOP-DWI Monthly Arrest Report
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Article I
Description of Services
Whereas,the County operates and conducts a program entitled STOP-DWI; and
Whereas,in an effort to reduce incidents of drinking and driving in Suffolk County the County provides funds
to towns and villages located within Suffolk County for the purpose of increasing enforcement; and
Whereas,the Contractor, a municipal corporation, operates a police department and is desirous of participating
in and promoting said program for the benefit of its residents and the residents of Suffolk County; and
Whereas,the funds utilized by the County for this program are provided from fines collected from alcohol
related traffic convictions.
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) Services
a. This is a reimbursement program. The Contractor incurs the cost of the Services and is
reimbursed by the County according to the approved budget. All costs must be documented and
the reimbursement request must be in accordance with the terms and conditions of this Contract.
b. Contractor agrees that all monies provided pursuant to this Contract shall be used to aid in
increased DWI enforcement. In particular, these funds shall only be used to reimburse
Contractor for patrol duties during overtime hours, which duties must be exclusively related to
increased DWI enforcement.In addition to DWI overtime patrols these funds may be used to
train personnel involved in DWI enforcement as well as enforcement of DWI related warrants.
c. Contractor agrees that the hours of DWI overtime patrols shall include those dates and times that
have historically reflected high incidences of DWI arrests as well as high incidences of
automobile accidents and fatalities attributed to DWI related offenses. When scheduling DWI
overtime patrols Contractor may take into consideration seasonal traffic considerations and other
activities related to increased incidences of DWI, as well as staff availability.
d. The goal of these increased patrols is an increase in the number of DWI arrests and a reduction in
the number of alcohol related automobile accidents and fatalities.
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ARTICLE I
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3) Reports/Progress Meetings
a. The Contractor will be responsible for issuing timely reports, as requested by the Department, on
the status of pending and proposed services provided under this Contract. The Department
reserves the right to request such reports in written form or oral presentation. All written reports
will also be made available to the County in electronic format. Depending upon the nature of
services provided under this Contract,the County may require the parties meet in person;the
meeting time,place and attendees shall be as mutually agreed upon by the parties.
b. The Contractor agrees to submit a"Suffolk County STOP-DWI Claim Payroll Register,"in the
applicable format attached hereto as Exhibit"A",or in such other format as requested by the
Department. Contractor agrees to prepare and submit this form detailing all salary and wage
expenses for which reimbursement is being sought pursuant to this Contract for the period
claimed. The STOP-DWI Clain Payroll Register must accompany each payment voucher
submitted by Contractor in accordance with the County's General Fiscal Terms and Conditions
set forth in Article V herein.
c. The Contractor agrees to submit a"Suffolk County STOP-DWI Claim Record of Fringe
Benefits,"in the applicable format attached hereto as Exhibit`B". Contractor agrees to prepare
and submit this form detailing all fringe benefit expenses for which reimbursement is being
sought pursuant to this Contract for the period claimed. The STOP-DWI Claim Record of Fringe
Benefits must accompany each payment voucher submitted by Contractor in accordance with the
County's General Fiscal Terms and Conditions set forth in Article V herein.
d. The Contractor agrees to submit a"Quarterly Expenditure Report,"in the applicable format
attached hereto as Exhibit"C"to the County's STOP-SWI Coordinator within thirty(30)days of
the close of each quarter for which this Contract is in effect.
e. The Contractor agrees to submit a"STOP-DWI Monthly Arrest Report,"in the applicable format
attached hereto as Exhibit"D"to the County's STOP-SWI Coordinator within thirty(30)days of
the close of each month for which this Contract is in effect.
4) Actual Fringe Benefit Costs
Fringe benefits claims should be based on actual costs. However,if the contractor pays some or all
fringe benefits on a quarterly, semiannual,or annual basis,it may make monthly claims for such fringe
benefits based on an estimated percentage of each eligible individual's salary, except that the claim
submitted for the last month of each Budget Period must include an adjustment for fringe benefit
expense changing it from estimated to actual cost, or the Contractor may include such adjustment in its
supplementary claim submitted not more than thirty(30) days after the end of the Budget Period. If such
adjustment is not submitted with the claim for the last month of the Budget Period,the Department may
place such claire in reserve pending receipt and audit of the fringe benefit adjustment claim. The County
may recoup any overpayment from any subsequent claim, or the Contractor shall promptly repay to the
County any overpayment on demand. Furthermore,the Contractor agrees that all payments received by
the Contractor for all items, including employee benefits, under this Agreement, are subject to
6 of 32 pages
ARTICLE I
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adjustment as finally determined by audit, and that no indirect or overhead charges or any interest costs
are to be included,unless specifically included in the Budget.
5) Payments Subject to Reporting
Contractor's failure to meet the reporting requirements pursuant to this description of services may result
in a reduction in the total amount to be paid to the Contractor.
End of Text for Article I
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ARTICLE I
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Article II
Definitions d, the Contractor's failure to comply with any
Federal,State or local law,rule,or regulation,
1. Meanings of Terms and County policies or directives;or
As used herein; e. the Contractor's bankruptcy or insolvency;or
"Audit of Financial Statements"means the examination by f. the Contractor's failure to cooperate in an Audit
the Comptroller and any Federal or State auditing authority of of Financial Statements;or
the financial statements of the Contractor resulting in the
publication of an independent opinion on whether or not those g. the Contractor's falsification of records or
financial statements are relevant,accurate,complete,and fairly reports,misuse of funds,or malfeasance or
presented. nonfeasance in financial record keeping arising
out of,or in connection with,any contract with
"Budget"means the Contractor's summary or plan of all the County;or
intended revenue,whether received in the form of fees,grants,
County funding,or any other source,and expenditures necessary to h. the Contractor's failure to submit,or failure to
render the Services. timely submit,documentation to obtain Federal
or State funds;or
"Budget Deficiency Plan"means an analysis of the cost of the
Services,changes in fiscal conditions,and required modifications to i. the inability of the County or the Contractor to
the Contract to continue to render the Services. obtain Federal or State funds due to any act or
omission of the Contractor,or
"Comptroller"means the Comptroller of the County of Suffolk
j. any condition that the County determines,in its
"Contract"means all terns and conditions of this Contract forming sole discretion,is dangerous.
all rights and obligations of the Contractor and the County.
"Federal"means the United States government,its departments,and
"Contractor"means the signatory corporation,its officers,officials, agencies.
employees,agents,servants,sub-contractors,and any successor or,
assign of any one or more of the foregoing performing the Services. "Fringe Benefits"means non-wage benefits which accompany,or
are in addition to,a person's salary,such as paid insurance,sick
"County"means the County of Suffolk,its departments,and leave,profit-sharing plans,paid holidays,and vacations.
agencies.
"Fund Source"means any direct or indirect sum payable to the
"County Attorney"means the County Attorney of the County of Contractor by the County pursuant to any lawful obligation.
Suffolk.
"Legislature"means the Legislature of the County of Suffolk.
"Department"means the signatory department approving the
Contract. "Management Letter"means a letter certified as true by the
Contractor's certified public accountant or chief financial officer of
"Engineering Services"means the definition of the practice of findings and recommendations for improvements in internal fiscal
engineering and the definition of practice of land surveying,as the control that were identified during an Audit of Financial Statements,
case may be,under Section 7201 and Section 7203 of the State but which were not required to be included in an audit report.
Education Law,respectively.
"Municipal Corporation"means a town,village,or school district.
"Event of Default"means
"Services"means 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 1(b)-(e)of described in Article I"Description of Services."
Article III of the Contract;or
"State"means the State ofNew York.
b. the Contractor's failure to maintain the amount
and types 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 will 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(i)which are currently in effect or(ii)
required by the Contract with an insurer that has which have expired within the past twelve(12)months and have not
designated the New York Superintendent of been renewed.
Insurance as its lawful agent for service of
process;or
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ARTICLE H
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"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 H
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ARTICLE H
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Article III license required to qualify the license
General Terms and Conditions holder or the Contractor to perform the
Services.
1. Contractor Responsibilities
iii.) In the event that the Contractor is not
a. Duties and Obligations able to perform the Services due to a
loss of license,the Contractor shall not
i.) It shall be the duty of the Contractor to be reimbursed for the Services rendered
discharge,or cause to be discharged,all after the effective date of termination of
of its responsibilities,and to administer such license. Without limiting the
funds received in the interest of the generality of the foregoing,if any part
County in accordance with the of the Contract remains to be
provisions of the Contract. performed,and the termination of the
license does not affect the Contractor's
ii.) The Contractor shall promptly take all ability to render the Services,every
action as may be necessary to render other term and provision of the
the Services. Contract shall be valid and enforceable
to the fullest extent permitted by law.
iii.) The Contractor shall not take any
action that is inconsistent with the d. Documentation of Professional Standards
provisions of the Contract.
The Contractor shall maintain on file,in one
iv.) Services provided under this Contract location in Suffolk County,all records that
shall be open to all residents of the demonstrate that it has complied with sub-
County. paragraphs(b)and(c)above. The address of the
location of the aforesaid records and documents
b. Qualifications,Licenses,and Professional shall be provided to the County no later than the
Standards date of execution of the Contract Such
documentation shall be kept,maintained,and
i.) The Contractor represents and warrants available for inspection by the County upon
that it has,and shall continuously twenty-four(24)hours notice.
possess,during the Tenn,the required e. Credentialing
licensing,education,knowledge,
experience,and character necessary to
qualify it to render the Services. i.) In the event that the Department,or any
division thereof,maintains a
ii.) The Contractor shall continuously have credentialing process to qualify the
during the Term all required Contractor to render the Services,the
authorizations,certificates, Contractor shall complete the required
certifications,registrations,licenses, credentialing process. In the event that
permits,and other approvals required any State credential,registration,
by Federal,State,County,or local certification or license,Drug
authorities necessary to qualify it to Enforcement Agency registration,or
render the Services. Medicare or Medicaid certification is
restricted,suspended,or temporarily or
C. Notifications permanently revoked,it is the duty of
the Contractor to contact the
W The Contractor shall immediately Department,or division thereof,as the
notify the County,in writing,of any case may be,in writing,no later than
disciplinary proceedings,commenced three(3)days after such restriction,
or pending,with any authority relating suspension,or revocation.
to a license held by any person
necessary to qualify him,her,or the ii.) The Contractor shall forward to the
Contractor to perform the Services. Department,or division thereof,as the
case may be,on or before July i of
ii.) In the event that a person is no longer each year during the Term,a complete
licensed to perform the Services,the list of the names and addresses of all
Contractor must immediately notify the persons providing the Services,as well
County,but in no event shall such as their respective areas of certification,
notification be later than five(5)days credentialing,registration,and
after a license holder has lost the licensing.
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ARTICLE III
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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. l(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.
L) The County may immediately terminate
the Contract,for cause,upon such b. The Contractor hereby represents and warrants
terms and conditions it deems that it will not infringe upon any copyright in
appropriate,in the Event of Default. performing the Services. The Contractor agrees
ii.) If the Contractor defaults under any that it shall protect,indemnify,and hold harmless
other provision of the Contract,the the County,its agents,servants,officials,and
County may terminate the Contract,on employees from and against all liabilities,fines,
not less than five(5)days notice,upon penalties,actions,damages,claims,demands,
such terms and conditions it deems judgments,losses,suits or actions,costs,and
appropriate. expenses arising out of any claim asserted for
infringement of copyright,including
C. Termination Notice reimbursement of the cost of reasonable
attorneys'fees incurred by the County,its agents,
Any notice providing for termination shall be servants,officials,and employees in any action or
delivered as provided for in paragraph 26 of this proceeding arising out of or in connection with
Article III. any claim asserted for infringement of copyright.
d. Duties upon Termination C. The Contractor shall defend the County,its
agents,servants,officials,and employees in any
i.) The Contractor shall discontinue the proceeding or action,including appeals,arising
Services as directed in the termination out of,or in connection with,the Contract,and
notice. any copyright infringement proceeding or action.
Alternatively,at the County's option,the County
may defend any such proceeding or action and
ii.) Subject to any defenses available to it, require the Contractor to pay reasonable
the County shall pay the Contractor for attome fees or sal
the Services rendered throw the date �' salary costs of County
� employees of the Department of Law for the
of termination. defense of any such suit.
iii.) The County is released from any and all 4. Insurance
liability under the Contract,effective as
of the date of the termination notice. a. The Contractor shall continuously maintain,
during the Term of the Contract,insurance in
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ARTICLE III
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amounts and types as follows:
d. The Contractor shall furnish to the County,prior
to the execution of the Contract,declaration
L) 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 is 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 shall 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§§57 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 coverage,the Contractor shall provide proof,
and of 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. Independent 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 case may be.
coverage basis.
b. The County may mandate an increase in the
liability limits set forth in the immediately
preceding paragraphs(%)(i),(ii),and(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.
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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 law. effect of substantially impairing the Contract with
respect to individuals of a particular race,creed,
7. Merger;No Oral Changes color,national origin,sex,age,disability,sexual
orientation,military status,or marital status,in
It is expressly agreed that the Contract represents the entire determining:
agreement of the parties and that all previous
understandings are herein merged in the Contract. No i.) the Services to be provided;or
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
8. Set-Off Rights iii.) the class of individuals to be afforded
The County shall have all of its common law,equitable, an opportunity to receive the Services.
and statutory rights of set-off. These rights shall include,
but not be limited to,the County's option to withhold from 10. Nonsectarian Declaration
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
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
United States District Court for the Eastern District of New
i.) deny any individual the Services York,or,if appropriate,a court of inferior jurisdiction in
provided pursuant to the Contract;or Suffolk County.
ii.) provide the Services to an individual
that is different,or provided in a 12. No Waiver
different manner,from those provided
to others pursuant to the Contract;or It shall 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 provision. Such provision shall otherwise remain in full
to the individual's receipt of the force and effect,notwithstanding any such failure or
Services provided pursuant to the forbearance.
Contract;or
iv.) restrict an individual in any way from 13. Conflicts of Interest
any advantage or privilege enjoyed by
others receiving the Services provided The Contractor shall not,during the Term,pursue a course
pursuant to the Contract;or of conduct which would cause a reasonable person to
V.) treat an individual differently from believe that he or she is likely to be engaged in acts that
create a substantial conflict between its obligations under
others in determining whether or not the Contract and its private interests. The Contractor is
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charged with the duty to disclose to the County the withdrawal or change,whether
existence of any such adverse interests,whether existing or voluntary,involuntary or by operation
potential. This duty shall continue as long as the Term. of law,of the partners,or transfer of
The determination as to whether or when a conflict may partnership interests(other than the
potentially exist shall ultimately be made by the County purchase of partnership interests by
Attorney after full disclosure is obtained. existing partners,by the partnership
itself or the immediate family members
14. Cooperation on Claims by reason of gilt,sale or devise),or the
dissolution of the partnership without
The Contractor and the County shall render diligently to immediate reconstitution thereof,and
each other,without compensation,any and all cooperation
that may be required to defend the other party,its ii.) the Contractor is a closely held
employees and designated representatives,against any corporation an whose stock is not
claim,demand or action that may be brought against the publicly held and not traded through an
other party,its employees or designated representatives exchange or over the counter):
arising out of,or in connection with,the Contract.
1. the dissolution,merger,
consolidation or other
15. Confidentiality
reorganization of the Contractor;
and
Any document of the County,or any document created by
the Contractor and used in rendering the Services,shall 2. the sale or other transfer of twenty
remain the property of the County and shall be kept percent(20%)or more of the
confidential in accordance with applicable laws,rules,and shares of the Contractor(other
regulations. than to existing shareholders,the
corporation itself or the immediate
16. Assignment and Subcontracting family members of shareholders
by reason of gift,sale or devise).
a. The Contractor shall not delegate its duties under
the Contract,or assign,transfer,convey, b. If the Contractor is a not-for-profit corporation,a
subcontract,sublet,or otherwise dispose of the change of twenty percent(20%)or more of its
Contract,or any of its right,title or interest shares or members shall be deemed a Permitted
therein,or its power to execute the Contract,or Transfer.
assign all or any portion of the monies that may
be due or become due hereunder,(collectively C. The Contractor shall notify the County in writing,
referred to in this paragraph 16 as"Assignment"), which notice(the"Transfer Notice")shall
to any other person,entity or thing without the include:
prior written consent of the County,and any
attempt to do any of the foregoing without such i.) the proposed effective date of the
consent shall be void ab initio. Permitted Transfer,which shall not be
less than thirty(30)days nor more than
b. Such Assignment shall be subject to all of the one hundred eighty(180)days after the
provisions of the Contract and to any other date of delivery of the Transfer Notice;
condition the County requires. No approval of
any Assignment shall be construed as enlarging ii.) a summary of the material terms of the
any obligation of the County under the terms and proposed Permitted Transfer;
provisions of the Contract. No Assignment of the
Contract or assumption by any person of any duty iii.) the name and address of the proposed
of the Contractor under the Contract shall transferee;
provide for,or otherwise be construed as,
releasing the Contractor from any term or iv.) such information reasonably required
provision of the Contract. by the County,which will enable the
County to determine the financial
17. Changes to Contractor responsibility,character,and reputation
of the proposed transferee,nature of the
a. The Contractor may,from time to time,only with proposed assignee/transferee's business
the County's written consent,enter into a and experience;
Permitted Transfer. For purposes of the
Contract,a Permitted Transfer means: v.) all executed forms required pursuant to
Article IV of the Contract,that are
i.) if the Contractor is a partnership,the required to be submitted by the
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Contractor;and "This publication is fully or partially funded
by the County of Suffolk."
vi.) such other information as the County
may reasonably require. 21. Copyrights and Patents
d. The County agrees that any request for its A. Copyrights
consent to a Permitted Transfer shall be granted,
provided that the transfer does not violate any If the work of the Contractor should result in the
provision of the Contract,and the transferee has production of original books,manuals,films,or
not been convicted of a criminal offense as other materials for which a copyright may be
described under Article 11 of Chapter 189 of the granted,the Contractor may secure copyright
Suffolk County Code. The County shall grant or protection. However,the County reserves to
deny its consent to any request of a Permitted itself,and the Contractor hereby gives to the
Transfer within twenty(20)days after delivery to County,and to any other person designated by
the County of the Transfer Notice,in accordance the County,a royalty-free,nonexclusive license
with the provisions of Paragraph 26 of Article to produce,reproduce,publish,translate,or
III of the Contract. If the County shall not give otherwise use any such materials.
written notice to the Contractor denying its
consent to such Permitted Transfer(and setting b. Patents
forth the basis for such denial in reasonable
detail)within such twenty(20)-day period,then If the Contractor makes any discovery or
the County shall be deemed to have granted its invention during the Term,as a result of work
consent to such Permitted Transfer. performed under the Contract,the Contractor
may apply for and secure for itself patent
e. Notwithstanding the County's consent, protection. However,the County reserves to
itself;and the Contractor hereby gives to the
i.) the terms and conditions of the County,and to any other person designated by
Contract shall in no way be deemed to the County,a royalty-free,nonexclusive license
have been waived or modified;and to produce or otherwise use any item so
discovered or patented.
ii.) such consent shall not be deemed
consent to any further transfers. 22. Arrears to County
18. No Intended Third Party Beneficiaries Contractor warrants that,except as may otherwise be
The Contract is entered into solely for the benefit of the authorized by agreement,it is not in arrears to the County
County and the Contractor. No third party shall be deemed upon any debt,contract,or any other lawful obligation,and
a beneficiary of the Contract and no third party shall have is not in default to the County as surety.
the right to make any claim or assert any right under the
Contract 23. Lawful Hiring of Employees Law in Connection
with Contracts for Construction or Future
19. Certification as to Relationships Construction
The Contractor certifies under penalties of perjury that, In the event that the Contract is subject to the Lawful
other than through the finds provided in the Contract and Hiring of Employees Law of the County of Suffolk,Suffolk
other valid agreements with the County,there is no known County Code Article II of Chapter 353,as more fully set
spouse,life partner,business,commercial,economic,or forth in the Article entitled Suffolk County Legislative
Requirements, the Contractor shall maintain the
financial relationship with the County or its elected documentation mandated to be kept by this law on the
officials. The Contractor also certifies that there is no construction site at all times. Employee sign-in sheets and
b
relationship hip within the third degree of consanguinity, register/log books shall be kept on the construction site at
between the Contractor,any of its partners,members, all times and all covered employees,as defined in the law,
directors, a shareholders owning five(5/o)percent or shall be required to sign such sign-in sheets/register/log
more of time Contractor,and the County, books to indicate their presence on the construction site
during such working hours.
20. Publications
Any book,article,report,or other publication related to the 24. Certification Regarding Lobbying
Services provided pursuant to this Contract shall contain
the following statement in clear and legible print: Together with this Contract and as a condition precedent to
its execution by the County,the Contractor shall have
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executed and delivered to the County the Certification
Regarding Lobbying(if payment under this Contract may
exceed S 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 frill 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(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: l.)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
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Application for County Compensation(Contract)."
Article IV
Suffolk County Legislative Requirements Suffolk County Living Wage Form LW-38;entitled
"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
OFFICE AND THE DEPARTMENT NAMED ON THE 3. Use of County Resources to Interfere with Collective
SIGNATURE PAGE OF THIS CONTRACT. Bargaining Activities
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
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
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 ComptroIIer 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 31st day of January in each year of the
Contract's duration. The Contractor acknowledges that G No employer shall use County property to 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
Contract neutrality agreement,fair communication agreement non-
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.
It shall be the duty of the Contractor to read,become Under the provisions of Chapter 803,the County shall have
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-1,01;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. Lawful Hiring of Employees Law
Suffolk County Living Wage Law of the County of Suffolk.
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 the
County through any grant,loan,subsidy,funding,
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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 houm
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 of covered employees and agreement
with respect to the alien and nationality status of the
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 agreement,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 A4-14 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,owner,contractor and subcontractor no later sections A4-13 and A4-14 of Article IV of the Suffolk
than January 1 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 are a 7, Child Sexual Abuse Reporting Policy
material,contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach It shall be the d of the Contractor to rex become
of the Contract. duty d,
familiar with,and comply with the requirements of Article
Under the provisions of the Lawful Hiring of Employees 11 of Chapter 880 of the Suffolk County Code.
Law,the County shall have the authority to terminate the
Contract for violations of this Law and to seek other he Contractor shall comply with Article II of Chapter 880,
remedies available under the law. of the Suffolk County Code,entitled"Child Sexual Abuse
Reporting Policy,"as now in effect or amended hereafter or
The documentation mandated to be kept by this law shall at of any other Suffolk County Local Law that may become
all times be kept on site. Employee sign-in sheets and applicable during the term of the Contract with regard to
register/log books 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
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8. Non Responsible Bidder appropriate in the circumstances.
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
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 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 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
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Article V County Department of Audit and Control,shall
General Fiscal Terms and Conditions be fumished to the County pursuant to,and as
limited by,the Regulations for Accounting
1. General Payment Terms Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
a. Presentation of Suffolk County Payment addition to any other remedies that the County
Voucher may have,failure to supply the required
documentation will disqualify the Contractor
In order for payment to be made by the County to from any further County contracts.
the Contractor for the Services,the Contractor
shall prepare and present a Suffolk County G Payment by County
Payment Voucher,which shall be documented by
sufficient,competent and evidential matter. Each Payment by the County shall be made within
Suffolk County Payment Voucher submitted for thirty(30)days after approval of the Suffolk
payment is subject to Audit at any time during County Payment Voucher by the Comptroller.
the Term or any extension thereof. This
provision shall survive expiration or termination d. Budget Modification
of this Contract for a period of not less than
seven(7)years,and access to records shall be as i.) The parties shall use the Contract
set forth in paragraph 25 of Article III,and Budget Modification Request form
paragraph 4(b}of Article V. ("Budget Modification")for revisions
to the Budget and Services not
b. Voucher Documentation involving an increase to the total cost
of the Contract If the Contractor is
The Suffolk County Payment Voucher shall list seeking such a modification,the
all information regarding the Services and other Contractor shall contact the
items for which expenditures have been or will be Department to receive the form and
made in accordance with the Contract. Either enter the required information. when
upon execution of the Contract(for the Services the County and the Contractor agree as
already rendered and expenditures already made), to such revisions,the Contractor shall
or not more than thirty(30)days after the sign the Budget Modification form and
expenditures were made,and in no event after the return it to the County for execution
31'day of January following the end of each year along with any other documentation the
of the Contract,the Contractor shall furnish the Department may require.
County with detailed documentation in support
of the payment for the Services or expenditures ii.} Such request must be made in advance
under the Contract e.g.dates of the Service, of incurring any expenditure for which
the revision is needed.
worksite locations,activities,hours worked,pay
rates and all program Budget categories. The
Suffolk County Payment Voucher shall include iii) Upon complete execution of the Budget
time records,certified by the Contractor as true Modification form,the County shall
and accurate,of all personnel for whom return a copy to the Contractor. The
revision shall not be effective until the
expenditures are claimed during the period.
Budget Modification is completely
Time and attendance records of a project director,
if any,shall be certified by the Chairperson, executed'
President or other designated member of the
Board of Directors of the Contractor. All Suffolk iv.) The Budget Modification form maybe
County Payment Vouchers must bear a signature submitted only twice per d prix t year
as that tern is defined pursuant to New York and may r 15'ly be submitted prior to
State General Construction Law§46 by duly November 15 of that year.
authorized persons,and certification of such
authorization with certified specimen signatures e. Budget and/or Services Revisions
thereon must be filed with the County by a
Contractor official empowered to sign the i.} The parties shall use the Contract
Contract. Disbursements made by the Contractor Budget/Services Revision Approval
in accordance with the Contract and submitted Form(Budget/Services Revisions)for
for reimbursement must be documented and must revisions to the Budget and Services
comply with accounting procedures as set forth involving any change to the total cost
by the Suffolk County Department of Audit and of the Contract due to a resolution of
Control. Documentation,including any other the Legislature,changes to the
County's adopted annual budget,or for
form(s)required by County or the Suffolk
20 of 32 pages
ARTICLE V
Rev. 12/17/13; Law No—16-DWI-002 IFMS: SC PRO 00000006419
Line Item/Omnibus Grant
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.
iii.) Upon complete execution of the form 3. Personnel Salaries,Pension and Employee Benefit
by the parties,the County shall return a Plans,Rules and Procedures
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.
f. Taxes i.) salary scale for all positions listed in
the Budget;
The charges payable to the Contractor under the
Contract are exclusive of federal,state,and local ii.) personnel rules and procedures;
taxes,the County being a municipality exempt t��•) pension plan and any other employee payment of such taxes.
benefit plans 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
4. Accounting Procedures
a. The Contract is subject 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 Services, may be promulgated by the Suffolk County
or to reimburse the County,in whole or in part, Department of Audit and 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
i.) determine how to pay for the Services; Department and the Suffolk County Comptroller,
or their representatives,as often as,in their
ii.) determine future payments to the judgment,such inspection is deemed necessary.
Contractor;and Such right of inspection and audit as set forth in
subparagraph b.below shall exist during the
iii.) determine what amounts,if any,are Term and for a period of seven(7)years after
reimbursable to the County by the expiration or termination of the Contract
Contractor and the terms and
21 of 32 pages
ARTICLE V
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Line Item/Omnibus Grant
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
5. Audit of Financial Statements Education Department;
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 fiirther 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 than
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 clearly
amount of such overpayment by check to the differentiate between County-funded programs
order of the Suffolk County Treasurer or shall and other programs that the Contractor may be
submit a proposed plan of repayment 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 dollars 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 III, from Federal awarding agencies,or as a
and paragraph 4(b)of Article V. subrecipient expending Federal awards received
from a pass-through entity,such as New York
6. Financial Statements and Audit Requirements State or Suffolk County,during any fiscal year
within which it receives funding 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-133
services of an independent licensed public (revised June 27,2003). Single Audit Reports
accountant or certified public accountant(the must also be submitted to the designated
"Auditor")to audit its financial statements for clearinghouse,cognizant agency and/or pass-
each Contractor's`fiscal year"in which the through entity,to the extent required by the OMB
Contractor has received,or will receive,three Circular referred to above.
hundred thousand($300,000.00)dollars or more e. The Contractor must submit to the County a
from the County,whether under the Contract or statement in writing,certified by its chief
22 of 32 pages
.ARTICLE V
Rev. 12/17/13; Law No—16-DWI-002 IFMS: SC PRO 00000006419
Line Item/Omnibus Grant
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
f. Copies of all financial statements,Management
Letters,Single Audit Reports and other audit p� or obtained by the County
available
reports must be transmitted to the County and to to for the Contractor shall not
the Executive Director of Auditing Services at the Contractor for any purpose
w
the address set forth above. The reports must be whatsoever. Title to any such items
purchased or otherwise obtained by the
submitted within thirty(30)days after completion
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 C the Contract and entrusted to the
Contractor,shall remain in the County.
year,to which the audit relates. C
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 terms
State and County government for that purpose. 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
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 c- 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 furniture,fixtures,or equipment valued 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 County 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 filing 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 price or cost,and furniture,removable fixtures,equipment,
estimated total cost of the proposed order. materials,and supplies and the 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 of furniture, of the Contractor.
fixtures 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 furniture,removable fixtures and equipment
23 of 32 pages
ARTICLE V
Rev. 12/17/13; Law No—16-DWI-002 BMS: SC PRO 00000006419
Line.Item/Omnibus Grant
acquired pursuant to the Contract and all prior connected with such property shall be in
agreements between the parties,if any. Three(3) accordance with the rules and regulations of the
months before the expiration date of the Contract County and the State of New York.
the Contractor shall make a physical count of all
items of furniture,removable fixtures and g. Lease or Rental Agreements
equipment in its custody,checking each item
against the aforesaid inventory records. A report If lease payments or rental costs are included in the Budget
setting forth the results of such physical count as an item of expense reimbursable by the County,the
shall be prepared by the Contractor on a form or Contractor shall promptly submit to the County,upon
forms designated by the County,certified and request,any lease or rental agreement. if during the Term,
signed by an authorized official of the the Contractor shall enter into a lease or rental agreement,
Contractor,and one(1)copy thereof shall be or shall renew a lease or rental agreement,the Contractor
delivered to the County within five(5)days after shall,prior to the execution thereof,submit such lease or
the date set for the aforesaid physical count. rental agreement,to the County for approval.
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 9. Statement of Other Contracts
same report updated to such date of the Contract,
certified and signed by an authorized official of Prior to the execution of the Contract the Contractor shall
the Contractor,based on a physical count of all submit a Statement of Other Contracts to the County. If the
items of furniture,removable fixtures and Contract is amended during the Term,or if the County
equipment on the aforesaid expiration date,and exercises its option right the Contractor shall submit a then
revised,if necessary,to include any inventory current Statement of Other Contracts.
changes during the last three(3)months of the
Term. 10. Miscellaneous Fiscal Terms and Conditions
e. Protection of Property in Contractor's a. Limit of County's Obligations
Custody
The maximum amount to be paid by the County
The Contractor shall maintain vigilance and take is set forth on the first page of the Contract,
all reasonable precautions to protect the furniture,
fixtures,equipment material or supplies in its b. Duplicate Payment from Other Sources
custody against damage or loss by fire,burglary,
theft,disappearance,vandalism,or misuse.In the Payment by the County for the Services shall not
event of burglary,theft,vandalism,or duplicate payment received by the Contractor
disappearance of any item of fiuniture,fixtures, from any other source,
equipment material or supplies,the Contractor
shall immediately notify the police and make a C. Funding Identification
record thereof,including a record of the results of
any investigation which may be made thereon. in The Contractor shall promptly submit to the
the event of loss of or damage to any item of County upon request,a schedule for all programs
furniture,fixtures,equipment,materials,or funded by the County,itemizing for each such
supplies from any cause,the Contractor shall program the sums received,their source and the
immediately send the County a detailed written total program budget.
report thereon.
d. Outside Funding for Non-County Funded
£ Disposition of Property in Contractor's Activities
Custody
Notwithstanding the foregoing provisions of the
Upon termination of the County's funding of any Contract it is the intent of the County that the
of the Services covered by the Contract,or at any terms and conditions of the Contract shall not
other time that the County may direct,the limit the Contractor from applying for and
Contractor shall make access available and render accepting outside grant awards or from providing
all necessary assistance for physical removal by additional educational activities/services which
the County or its designee of any or all furniture, may result in the Contractor incurring additional
removable fixtures,equipment materials or costs,as long as the following conditions are met:
supplies in the Contractor's custody in which the
County has a proprietary interest, in the same i.) The County is not the Fund Source for
condition as such property was received by the the additional services;
Contractor,reasonable wear and tear excepted. ii.) Sufficient funding is available for or
Any disposition,settlements or adjustments g
can be generated by the Contractor to
24 of 32 pages
ARTICLE V
Rev. 12/17/13; Law No—16-DWI-002 IFMS: SC PRO 00000006419
Line Item/Omnibus Grant
cover the cost incurred by the expenditures made during the Term because of
Contractor to provide these additional any act,omission or negligence on the part of the
services;and Contractor,then the County may deduct and
withhold from any payment due to the Contractor
Cannot bbe generated,the County shall
iii.) sufficient funding is not available or an amount equal to the reimbursement denied by
cannot
not be held liable for any of the the state or federal government agency,and the
County's obligation to the Contractor shall be
additional costs inured the reduced by any such amounts. In such an event,
additional services.
Contractor in services.
king such if there should be a balance due to the County
after it has made a final payment to the
iv.) Prior to scheduling any such additional Contractor under the Contract,on demand by the
services on County-owned property, County,the Contractor shall reimburse the
the Contractor shall obtain written County for the amount of the balance due the
County approval. The Contractor shall, County,payable to the Suffolk County Treasurer.
to the County's satisfaction,submit any The provisions of this subparagraph shall survive
documentation requested by the the expiration or termination of the Contract.
Department reflecting the change,and
identify the additional services to be h. Budget
provided and the source of funding that
shall be utilized to cover the The Contractor expressly represents and agrees
expenditures incurred by the Contractor that the Budget lists all revenue,expenditures,
in undertaking the additional services. 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
reasonable steps to secure all potential funding Upon receipt of a Suffolk County Payment
from grants and contracts with other agencies for Voucher,the County,at its discretion,may pay
programs funded by the County. the Contractor during the Term,in advance,an
amount not to exceed one sixth(1/6)of the
f. Payments Contingent upon State/Federal maximum amount to be paid by the County set
Funding forth on the first page of the Contract.
Payments under the Contract may be subject to !. Payments Limited to Actual Net Expenditures
and contingent upon continued funding by State
and/or Federal agencies. In the event payments The Contractor agrees that if,for any reason
are subject to such funding no payment shall be whatsoever,the Contractor shall spend during the
made until the Contractor submits documentation Term for the purposes set forth in the Contract an
in the manner and fort as shall be required by amount less than,or receive amounts more than,
State and/or Federal agency. If late submission provided in the Budget,the total cost of the
of claims precludes the County from claiming Contract shall be reduced to the net amount of
State or Federal reimbursement,such late claims actual Contractor expenditures made for such
by the Contractor shall not be paid by the County purposes. The total amount to be paid by the
subject to subparagraph g.below,if,for any County shall not exceed the lesser of(i)actual
reason,the full amount of such funding is not net expenditures or(ii)the total cost of the
made available to the County,the Contract may Contract on the cover page and in the Budget
be terminated in whole or in part,or the amount Upon termination or expiration of the Contract,if
payable to the Contractor may be reduced at the the Contractor's total amount of allowable
discretion of the County,provided that any such expenses is less than the total amount of the
termination or reduction shall not apply to payments made during the Term,the Contractor
allowable costs incurred by the Contractor prior shall prepare a check payable to the Suffolk
to such termination or reduction,and provided County Treasurer for the difference between the
that money has been appropriated for payment of two amounts and submit such payment to the
such costs. County,along with the final Suffolk County
Payment Voucher.
g. Denial of Aid
k.. Travel,Conference,and Meeting Attendance:
If a State or Federal government agency is SOP A-07 Amendment 1
funding the Contract and fails to approve aid in
reimbursement to the County for payments made Reimbursement to the Contractor for travel costs
hereunder by the County to the Contractor for shall not exceed amounts allowed to County
25 of 32 pages
ARTICLE V
Rev. 12/17/13; Law No— 16-DWI-002 IFMS: SC PRO 00000006419
Line Item/Omnibus Grant
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."
1. 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,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
26 of 32 pages
ARTICLE V
Rev. 12/17/13;Law No—16-DWI-002 IFMS: SC PRO 00000006419
Line Item/Omnibus Grant
Article VI
Budget
The monies provided under this Contract must be used by the Contractor to aid the suppression of DWI. The
Contractor shall schedule and pay police officers employed by the Contractor to perform patrol duties on an
overtime basis,that are exclusively related to identifying and arresting motorists engaged in DWI. These patrols
should result in an increased number of arrests for DWI and a reduction of alcohol related crashes and fatalities.
Funds may also be used to pay for training related to such patrols and for warrant enforcement.
The hours of enforcement shall include times and days which have historically reflected high incidences of DWI and
crashes and fatalities caused by motorists engaged in DWI. Scheduling may be organized due to seasonal traffic
considerations and other activities related to incidences of DWI and may be dependent upon staff availability.
For each of the years 2014, 2015 and 2016, the Contractor will receive funding in the amount of
($19,000.00). The Contractor shall expend said funding each year to cover the overtime and
fringe benefits earned by police officers employed by the Contractor while performing the Services set forth
above, as follows:
Overtime: $19,000.00
Fringe Benefits: $0.00
Total of Personnel Services: $19,000.00
Other Services 0.00
Total of All Services: $19,000.00
The total amount of funding allocated to each year of this Contract is to be expended on or prior to December
31"of that year. Any funding not so expended cannot be carried over and added to the amount of funding
allocated for any subsequent year of this Contract.
The Contractor will not be reimbursed for any costs not listed in the budget set forth above including but not
limited to those costs related to administration, staff support and related operational equipment.
End of text for
Article VI
27 of 32 pages
Rev, 12/17/13; Law No—16-DWI-002 IFMS: SC PRO 00000006419
Line Item/Omnibus Grant
Suffolk County STOP-DWI Claim
Payroll Register
Personal Services—Page 1
Month of , 2009 Claiming Agency:
Voucher*
Instructions: Use this form to detail all Salary/Wage Expenses for your project, for the period claimed. Submit
this form together with a Standard Suffolk County Voucher to insure prompt processing.
Check
Date Number Payee Job Title Service Period Amount
CERTIFICATION: I certify that the above information is just,true and correct;that no part thereof has been previously
reported, and that such expenditures are proper and necessary.
Project Director or Fiscal Officer: Date:
Signature and Title
Note: This register is not sufficient verification to support your claims. You MUST send additional material such as payroll
records to support interim or post-audit of project expenses.You must maintain such documents on file as well. Use Page
2 of this form to record fringe benefit and Consultant costs for this project only if they are part of your contract budget.
28 of 32 pages
Rev. 12/17/13; Law No—16-DWI-002 IFMS: SC PRO 00000006419
Line Item/Omnibus Grant
Suffolk County STOP-DWI Claim
Record of Fringe benefits
Personal Services—Page 2
Month of , 2009 Claiming Agency:
Voucher#:
Instructions: Use this form to detail all Fringe Benefit Expenses for your project, for the period claimed. Submit
this form together with a Standard Suffolk County Voucher to insure prompt processing. Fringe Benefit
Expenses must be p,art of your original contract to be considered valid expenses.
Check
Date Number Pa ee Job Title Service Period Amount
CERTIFICATION: I certify that the above information is just, true and correct; that no part thereof has been
previously reported, and that such expenditures are proper and necessary.
Project Director or Fiscal Officer: Date.:
Signature and Title
29 of 32 pages
Rev. 12/17/13; Law No—16-DWI-002 IFMS: SC PRO 00000006419
Line Item/Omnibus Grant
Quarterly Expenditure Report
Program Title:
To: Suffolk County STOP-DWI Program From:
Contract Period: From: To:
Project Budget Category Budgeted Expended this Total Expended to Balance
Amount Month Date Remaining
PERSONAL SERVICES
WAGES/SALARIES $ $ $ $
FRINGE BENEFITS $ $ $ $
SUBTOTAL , $ $ $ $
OTHER THAN
PERSONAL SERVICES
SUPPLIES/MATERIALS $ $ $ $
TRAVEL $ $ $ $
EQUIPMENT PURCHASE $ $ $ $
ALL OTHER COSTS $ $ $ $
SUB TOTAL $ $ $ $
TOTAL PROJECT COSTS
CERTIFICATION: I certify that the above information is a complete, accurate, and up-to-date portrayal of actual
necessary expenditures made for my project during the time period indicated.
Project Director or Fiscal Officer: Date: / 1
Signature and Title
INSTRUCTIONS: The Project Director or Project Fiscal Officer must submit a Quarterly Expenditure Report to
the STOP-DWI Coordinator within 30 days after the close of each quarter.
BUDGET AMMENDMENTS: You may not exceed the Total Project Budgeted Amount or Project Budget
Category Amounts without written approval, as per conditions of the contract. Expenditures may be disallowed
if they exceed limitations without prior written approval from the County.
30 of 32 pages
Rev. 12/17/13; Law No-16-DWI-002 IFMS: SC PRO 00000006419
Line Item/Omnibus Grant
STOP-DW MONTHLY ARREST REPORT
SUFFOLK COUNTY
REPORTING AGENCY REPORTING PERIOD
1. Total number of persons arrested and
charged with a violation of 1192. 8. Total number of persons arrested for
2. Total number of charges for: Section 1192 violations by age:
a. under 18
a. 1192.1 b. 18
b. 1192.2 C. 19
C. 1192.2 and 1192.3 d. 20
d. 1192.3 e. 21-24
e. 1192.4 f. 25-29
g. 30-34
3. Total number of persons arrested for h. 35-39
Section 1192 violations by sex: i. 40-44
j. 45-49
a. Male k. 50-54
b. Female I. 55-59
M. 60-64
6. Total number of persons arrested for n. 65-69
Section 1192 violations by day: o. 70 and over
a. Sunday 9. Total number of persons arrested for
b. Monday Section 1192 violations by BAC Level:
C. Tuesday
d. Wednesday a. Chemical test refusals:
e. Thursday b. Test administered - results not
f. Friday available:
g. Saturday
7. Total number of persons arrested for Negative
Section 1192 violations by time intervals: .01 .16
.02 .17
a. 6:01 AM to 6:00 PM .03 .18
b. 6:01 PM to 9:00 PM .04 .19
C. 9:01 PM to 12:00 AM .05 .20
d. 12:01 AM to 3:00 AM .06 .21
e. 3:01 AM to 6:00 AM .07 .22
.08 .23
.09 .24
.10 .25
.11 .26
.12 .27
13 .28
14 .29
15 30
31 of 32 pages
Rev. 02106108; Law No. 08-DWI-001 IFMS No. SC PRO 0000000�,�
STOP-DWI Municipal Enforcement
BLANK PAGE
32 of 32 pages
ARTICLE VI
WFq!
®� RESOLUTION 2014-563
ADOPTED DOC ID: 9917
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2014-563 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 17,2014:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the STOP-
DWI Program in an amount not to exceed$5,544.00 for the term October 1, 2013 through
September 30, 2014, subject to the approval of the Town Attorney.
4
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Rev. 12/17/13; Law No.—14-DWI-002
Line Item/Omnibus Grant
Contract
This Contract ("Contract") is between the County of Suffolk("County"), a municipal corporation of
the State of New York, acting through its duly constituted Department of Probation/STOP-DWI Program
("Department"), located at 395 Oser Avenue,Hauppauge,NY 11788; and
Town of Southold,a Municipal Corporation, having an address at Southold,New York 11971-1682.
The Contractor has been designated to receive grant funds for STOP-DWI Enforcement Crackdowns
("Services")as set forth more fully in Article 1:, entitled"Description of Services."
Term of the Contract: October 1, 2013 through September 30, 2014.
Total Cost of the Contract: Shall not exceed$5,544.00,to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through VI, attached hereto and made a part
hereof.
In Witness Whereof, the parties hereto have executed the Contract as of the latest date written below.
Town of Southol COUNTY OF SUFFOLK
By:
Name: -C% KdisBy:
Title: 1 pr Dennis M. Cohen
Fed.Tax #:_ �- Chief Deputy County Executive
Date Date:
i5t. 1S U-C$ f',H hereby Approved:
certifies under penalties of perjury that I am an officer of Department of Probation
Town of Southold,that I have read and I am familiar
with§A5-7 of Article V of the Suffolk County Code,and
that Town of Southold meets all requirements to By:
qualify forexemp ' thereunder. Name:
Title:
Signature Date 4 Date
Approved as to Form:
Dennis M.Brown
County Attorney
By:
Janet Ford
Assistant County Attorney
Date
Page 1 of 28
Rev. 12/17/13; Law No.— 14-DWI-002
Line Item/Omnibus Grant
List of Articles
Page#
ArticleI .............................................................................................................................................................................5
Descriptionof Services............................................................................................................................................... .5
1. Conflicting Provisions ................................................................................................................ ......... 5
ArticleII ...................................................................................................................... .8
Definitions .............................................................................................................................................................................8
1. Meanings of Terms.............................................................................................................................. 8
2. Elements of Interpretation.................................................................................................................
ArticleIII ............................................................................................................................. ..........................10
General Terms and Conditions................................................................................................................. .......................10
1. Contractor Responsibilities....................................................................................... ...................... 10
a. Duties and Obligations........................................................................................................... 10
b. Qualifications, Licenses, and Professional Standards................................................................... 10
c. Notifications.................................................................................................................................. 10
d. Documentation of Professional Standards.................................................................................... 10
e. Credentialing.................................................................................................................................. 10
f. Engineering
.......C...e.r..t.i.f.i.c..a..t.e............................................ ... , ....... ................................ .... ...........2. Termination 11
a. Thirty Days Termination.......................................................................... ' .....�. .......................... 11
b. Event of Default; Termination on Notice ............................:.....:.:................................................. 11
c. Termination Notice...................................................................................................................... 11
d. Duties upon Termination.............................................................................................. .. 11
3. Indemnification and Defense....................................................................................... ............. 11
4. Insurance............................................................................................................................................. 11
.......................
5. Independent Contractor....................................................................................................................... 12
6. Severability..................................... ..
.................................................... .............................................. 13
7. Merger;No Oral Changes.........................:.................................................. ..,. .
8. Set-Off Rights................................................................ .. . .. .................... 13
9. Non-Discrimination in Services.............................. .........................................................
.. . �.. ................ 13
3
10.Nonsectarian Declaration.................................................................................................................... 13
11. Governing Law............................................................................................................... 13
12. No Waiver................... .........,..
13. Conflicts of Interest............................................................................................................................. 13
........................... 13
14. Cooperation on Claims ............................................................ ......................... 14
..................................
15. Confidentiality......................................:......................................................................... 14
16.Assignment and Subcontracting. .................................................................... ...............
17. Changes to Contractor............................................................ .. ................................. 14
18.No Intended Third Party Beneficiaries.......................... ...... 15
........... ..............................
19.Certification as to Relationships......................................................................................................... 15
20. Publications.........................
21. Copyrights and Patents........................................................................................................................ 15
a. Copyrights..................................................................................................................................... 15
b. Patents........................................................................................................................................... 15
Page 2 of 28
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Line Item/Omnibus Grant
22.Arrears to County................................................................................................................................ 15
23.Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction........................................................................................................................................ 15
24. Certification Regarding Lobbying..............................................................................13
25. Record Retention ................................................................................................................................ 15
26. Notice.................................................................................................................................................. 16
ArticleIV ...........................................................................................................................................................................17
SuffolkCounty Legislative Requirements.........................................................................................................................17
1. Contractor's/Vendor's Public Disclosure Statement.......................................................................... 17
2. Living Wage Law.......................
3. Use of County Resources to Interfere with Collective Bargaining Activities .................................... 17
4. Lawful Hiring of Employees Law....................................................................................................... 17
5. Gratuities............................................................................................................................................. 18
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas............................. 18
7. Child Sexual Abuse Reporting Policy................................................................................................ 18
8. Non Responsible Bidder..................................................................................................................... 19
9. Use of Funds in Prosecution of Civil Actions Prohibited................................................................... 19
10. Youth Sports....................................................................................................................................... 19
11. Work Experience Participation........................................................................................................... 19
12. Safeguarding Personal Information of Minors 17
13. Suffolk County Local Laws Website Address.................................................................................... 19
ArticleV ...........................................................................................................................................................................20
GeneralFiscal Terms and Conditions...............................................................................................................................20
1. General Payment Terms......................................................................................................................20
a. Presentation of Suffolk County Payment Voucher.......................................................................20
b. Voucher Documentation...............................................................................................................20
c. Payment by County.......................................................................................................................20
d. Budget Modification.....................................................................................................................20
e. Budget and/or Services Revisions.................................................................................................20
f. Taxes.............................................................................................................................................21
g. . Final Voucher................................................................................................................................21
2. Subject to Appropriation of Funds......................................................................................................21
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures..............................21
4. Accounting Procedures.......................................................................................................................21
5. Audit of Financial Statements.............................................................................................................22
6. Financial Statements and Audit Requirements...................................................................................22
7. Furniture,Fixtures, Equipment, Materials, Supplies..........................................................................23
a. Purchases,Rentals or Leases Requiring Prior Approval ..............................................................23
b. Purchase Practices/Proprietary Interest of County........................................................................ 23
c. County's Right to Take Title and Possession............................................................................... 23
d. Inventory Records, Controls and Reports.....................................................................................23
e. Protection of Property in Contractor's Custody............................................................................ 24
f. Disposition of Property in Contractor's Custody..........................................................................24
8. Lease or Rental Agreements............................................................................................................... 24
9. Statement of Other Contracts.............................................................................................................. 24
10. Miscellaneous Fiscal Terms and Conditions ...................................................................................... 24
Page 3 of 28
Rev. 12/17/13; Law No. — 14-DWI-002
Line Item/Omnibus Grant
a. Limit of County's Obligations...................................................................................................... 24
b. Duplicate Payment from Other Sources........................................................................................24
c. Funding Identification................................................................................................................... 24
d. Outside Funding for Non-County Funded Activities....................................................................24
e. Potential Revenue.........................................................................................................................25
f. Payments Contingent upon State/Federal Funding.......................................................................25
g. Denial of Aid................................................................................................................................. 25
h. Budget...........................................................................................................................................25
LPayment of Claims........................................................................................................................25
j. Payments Limited to Actual Net Expenditures.............................................................................25
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 .................................... 25
1 Salaries.......................................................................................................................................... 26
m. Salary Increases............................................................................................................................. 26
n. Contractor Vacancies....................................................................................................................26
o. No Limitation On Rights .............................................................................................................. 26
p. Comptroller's Rules and Regulations........................................................................................... 26
Article VI
Budget
Exhibit A NYS STOP-DWI Enforcement Crackdowns and Policies
(Grant Funding October 1, 2013—September 30,2014)
Exhibit B Enforcement Personnel Sheets(PS-1)
Exhibit C Detail Activity Sheet
Page 4 of 28
Rev. 12117/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
Article I
Description of Services
Whereas,the County operates and conducts a program entitled STOP-DWI; and
Whereas,the State of New York Governor's Traffic Safety Committee has awarded$225,225 in Federal
Highway Safety pass-through finds("Grant") to the New York State STOP-DWI Foundation for use by the
Suffolk County STOP-DWI Program to fund high visibility road check patrols by the Suffolk County Police
Department, Suffolk County Sheriff's Office, the Suffolk County parks Department,and other local associated
law enforcement agencies for the grant term of October 1, 2013 through September 30,2014; and
'Whereas,the New York State Governor's Traffic Safety Committee and the New York State STOP-DWI
Foundation, Inc. entered into a Master Contract for the Grant ("Grant Contract")bearing New York State
Comptroller's No. C002123; and
Whereas,$66,528 of said grant funding will be used to fund high visibility road check/saturation patrols by
Associated Law Enforcement Agencies located in Suffolk County Towns and Villages; and
Whereas,the Grant listed Associated Law Enforcement Agencies, including the Contractor, designated to
receive funding thereunder for services; and
Whereas,the Suffolk County Legislature accepted and appropriated the granted funding via Resolution Number
1144-2013; and
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) Services
Contractor agrees to the following:
a. All monies provided pursuant to this Contract shall be used to aid in increased DWI enforcement.
In particular,these funds shall only be used to reimburse Contractor for High Visibility Road
Checks/Saturation Patrols("Crackdowns").
b. Monies provided pursuant to this Contract will only be provided for Crackdowns occurring on
specific crackdown dates. (See document entitled"STOP-DWI Enforcement Crackdowns, Grant
Funding October 1, 2013 — September 30,2014," annexed hereto as Exhibit"A")
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ARTICLE I
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
c. Crackdown details must be cooperative, multi-agency efforts.
d. All activities/expenses must be reported to the Suffolk County STOP-DWI Coordinator within
30 days of the detail on the form annexed hereto as Exhibit`B."
e. Enforcement Personnel Sheets (PS-1)must be completed by Contractor and submitted to the
Suffolk County STOP-DWI Coordinator within 30 days of the detail on the form annexed hereto
as Exhibit"C."
f. Contractor must submit a Detail Activity Sheet for each crackdown to the Suffolk County STOP-
DWI Coordinator within 30 days of the detail on the form annexed hereto as Exhibit"D."
g. Contractor agrees to issue a press release or conduct a press conference for each Crackdown
detail for which you are receiving funds under this contract.
h. This is a reimbursement program. The Contractor incurs the cost of the Services and is
reimbursed by the County according to the approved budget. All costs must be documented and
the reimbursement request must be in accordance with the terms and conditions of this Contract
3) Reports/Progress Meetings
a. The Contractor will be responsible for issuing timely reports, as requested by the Department, on
the status of pending and proposed services provided under this Contract. The Department
reserves the right to request such reports in written form or oral presentation. All written reports
will also be made available to the County in electronic format. Depending upon the nature of
services provided under this Contract,the County may require the parties meet in person;the
meeting time,place and attendees shall be as mutually agreed upon by the parties.
4) Compliance with Grant Contract Provisions
The Contractor agrees to comply with all requirements applicable to it in the Grant Contract,if any,
between the federal and/or State governments)and the County and shall cooperate with the County in
all respects necessary or appropriate to enable the County to comply with the requirements of such Grant
Contract applicable to the County.
5) Actual Fringe Benefit Costs
Fringe benefits claims should be based on actual costs. However,if the contractor pays some or all
fringe benefits on a quarterly, semiannual, or annual basis, it may make monthly claims for such fringe
benefits based on an estimated percentage of each eligible individual's salary, except that the claim
submitted for the last month of each Budget Period must include an adjustment for fringe benefit
expense changing it from estimated to actual cost, or the Contractor may include such adjustment in its
supplementary claim submitted not more than thirty(30) days after the end of the Budget Period. If such
adjustment is not submitted with the claim for the last month of the Budget Period,the Department may
place such claim in reserve pending receipt and audit of the fringe benefit adjustment claim. The County
6 of 28 pages
ARTICLE I
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
may recoup any overpayment from any subsequent claim, or the Contractor shall promptly repay to the
County any overpayment on demand. Furthermore,the Contractor agrees that all payments received by
the Contractor for all items, including employee benefits, under this Agreement, are subject to
adjustment as finally determined by audit, and that no indirect or overhead charges or any interest costs
are to be included,unless specifically included in the Budget.
6) Payments Subject to Reporting
Contractor's failure to meet the reporting requirements pursuant to this program description may result
in a reduction in the total amount to be paid to the Contractor.
End of Text for Article I
7 of 28 pages
ARTICLE I
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
Article II
Definitions d. the Contractor's failure to comply with any
Federal,State or local law,rule,or regulation,
1. Meanings of Terms and County policies or directives;or
As used herein: e. the Contractor's bankruptcy or insolvency;or
"Audit of Financial Statements"means the examination by L the Contractor's failure to cooperate in an Audit
the Comptroller and any Federal or State auditing authority of of Financial Statements;or
the financial statements of the Contractor resulting in the
publication of an independent opinion on whether or not those g. the Contractor's falsification of records or
financial statements are relevant,accurate,complete,and fairly reports,misuse of funds,or malfeasance or
presented. nonfeasance in financial record keeping arising
out of,or in connection with,any contract with
"Budget"means the Contractor's summary or plan of all the County;or
intended revenue,whether received in the form of fees,grants,
County funding,or any other source,and expenditures necessary to h, the Contractor's failure to submit,or failure to
render the Services. timely submit,documentation to obtain Federal
or State funds;or
"Budget Deficiency Plan"means an analysis of the cost of the
Services,changes in fiscal conditions,and required modifications to i. the inability of the County or the Contractor to
the Contract to continue to render the Services. obtain Federal or State funds due to any act or
omission of the Contractor;or
"Comptroller"means the Comptroller of the County of Suffolk.
j. any condition that the County determines,in its
"Contract"means all terms and conditions of this Contract forming sole discretion,is dangerous.
all rights and obligations of the Contractor and the County.
"Federal"means the United States government,its departments,and
"Contractor"means the signatory corporation,its officers,officials, agencies.
employees,agents,servants,sub-contractors,and any successor or
assign of any one or more of the foregoing performing the Services. "Fringe Benefits"means non-wage benefits which accompany,or
are in addition to,a person's salary,such as paid insurance,sick
"County"means the County of Suffolk,its departments,and leave,profit-sharing plans,paid holidays,and vacations.
agencies.
"Fund Source"means any direct or indirect sum payable to the
"County Attorney"means the County Attorney of the County of Contractor by the County pursuant to any lawful obligation.
Suffolk.
"Legislature"means the Legislature of the County of Suffolk,
"Department"means the signatory department approving the
Contract. "Management Letter"means a letter certified as true by the
Contractor's certified public accountant or chief financial officer of
"Engineering Services"means the definition of the practice of findings and recommendations for improvements in internal fiscal
engineering and the definition of practice of land surveying,as the control that were identified during an Audit of Financial Statements,
case may be,under Section 7201 and Section 7203 of the State but which were not required to be included in an audit report.
Education Law,respectively.
"Municipal Corporation"means a town,village,or school district.
"Event of Default"means
"Services"means 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
"State"means the State of New York.
b. the Contractor's failure to maintain the amount
and types 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 will 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(i)which are currently in effect or(ii)
required by the Contract with an insurer that has which have expired within the past twelve(12)months and have not
designated the New York Superintendent of been renewed.
Insurance as its lawful agent for service of
process;or
8 of 28 pages
ARTICLE II
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
"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
a
9 of 28 pages
ARTICLE II
Rev. 12/17/13; Law No. 14-DWI-402
Line Item/Omnibus Grant
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
a. Duties and Obligations able to perform the Services due to a
loss of license,the Contractor shall not
i.) It shall be the duty of the Contractor to be reimbursed for the Services rendered
discharge,or cause to be discharged,all after the effective date of termination of
of its responsibilities,and to administer such license. Without limiting the
funds received in the interest of the generality of the foregoing,if any part
County in accordance with the of the Contract remains to be
provisions of the Contract. performed,and the termination of the
license does not affect the Contractor's
ii.) The Contractor shall promptly take all ability to render the Services,every
action as may be necessary to render other term and provision of the
the Services. Contract shall be valid and enforceable
to the fullest extent permitted by law.
iii.) The Contractor shall not take any
action that is inconsistent with the d. Documentation of Professional Standards
provisions of the Contract.
The Contractor shall maintain on file,in one
iv.) Services provided under this Contract location in Suffolk County,all records that
shall be open to all residents of the demonstrate that it has complied with sub-
County. paragraphs(b)and(c)above. The address of the
location of the aforesaid records and documents
b. Qualifications,Licenses,and Professional shall be provided to the County no later than the
Standards date of execution of the Contract. Such
documentation shall be kept,maintained,and
i.) The Contractor represents and warrants available for inspection by the County upon
that it has,and shall continuously twenty-four(24)hours notice.
possess,during the Term,the required
licensing,education,knowledge, e. Credentialing
experience,and character necessary to
qualify it to render the Services. i.) In the event that the Department,or any
division thereof,maintains a
ii.) The Contractor shall continuously have credentialing process to qualify the
during the Term all required Contractor to render the Services,the
authorizations,certificates, Contractor shall complete the required
certifications,registrations,licenses, credentialing process. In the event that
permits,and other approvals required any State credential,registration,
by Federal,State,County,or local certification or license,Drug
authorities necessary to qualify it to Enforcement Agency registration,or
render the Services. Medicare or Medicaid certification is
restricted,suspended,or temporarily or
C. Notifications permanently revoked,it is the duty of
the Contractor to contact the
i.) The Contractor shall immediately Department,or division thereof;as the
notify the County,in writing,of any case may be,in writing,no later than
disciplinary proceedings,commenced three(3)days after such restriction,
or pending,with any authority relating suspension,or revocation.
to a license held by any person
necessary to qualify him,her,or the ii.) The Contractor shall forward to the
Contractor to perform the Services. Department,or division thereof,as the
case may be,on or before July I of
ii.) In the event that a person is no longer each year during the Term,a complete
licensed to perform the Services,the list of the names and addresses of all
Contractor must immediately notify the persons providing the Services,as well
County,but in no event shall such as their respective areas of certification.
notification be later than five(5)days credentialing,registration,and
after a license holder has lost the licensing.
10 of 28 pages
ARTICLE III
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
f. Engineering Certificate iv.) Upon tennination,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. The Contractor hereby represents and warrants
terms and conditions it deems that it will not infringe upon any copyright in
appropriate,in the Event of Default. performing the Services. The Contractor agrees
ii.) If the Contractor defaults under any that it shall protect,indemnify,and hold harmless
other provision of the Contract,the the County,its agents,servants,officials,and
County may terminate the Contract,on employees from and against all liabilities,fines,
not less than five(5)days notice,upon penalties,actions,damages,claims,demands,
such terms and conditions it deems judgments,losses,suits or actions,costs,and
appropriate, expenses arising out of any claim asserted for
infringement of copyright,including
C. Termination Notice reimbursement of the cost of reasonable
attorneys'fees incurred by the County,its agents,
Any notice providing for termination shall be servants,officials,and employees in any action or
delivered as provided for in paragraph 26 of this proceeding arising out of or in connection with
Article III. any claim asserted for infringement of copyright.
d. Duties upon Termination C. The Contractor shall defend the County,its
agents,servants,officials,and employees in any
i.) The Contractor shall discontinue the proceeding or action,including appeals,arising
Services as directed in the termination out of,or in connection with,the Contract,and
notice. any copyright infringement proceeding or action.
Alternatively,at the County's option,the County
may defend any such proceeding or action and
Subject to any defenses available to it, require the Contractor to pay reasonable
the County shall pay the Contractor for attorneys'fees or salary costs of County
the Services rendered through the date employees of the Department of Law for the
of termination. defense of any such suit.
iii.) The County is released from any and all 4. Insurance
liability under the Contract,effective as
of the date of the termination notice. a. The Contractor shall continuously maintain,
during the Term of the Contract,insurance in
11 of 28 pages
ARTICLE III
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Line Item/Omnibus Grant
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 shall 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§§57 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 coverage,the Contractor shall provide proof,
and of 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. Independent 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
coverage basis. and the County,as the case may be.
b. The County may mandate an increase in the
liability limits set forth in the immediately
preceding paragraphs(4)(a)(i),(ii),and(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.
12 of 28 pages
ARTICLE III
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
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 law. effect of substantially impairing the Contract with
respect to individuals of a particular race,creed,
7. Merger;No Oral Changes color,national origin,sex,age,disability,sexual
orientation,military status,or marital status,in
It is expressly agreed that the Contract represents the entire determining:
agreement of the parties and that all previous i.) the Services to be provided;or
understandings are herein merged in the Contract. No
modification of the Contract shall be valid unless in written ii.) the class of individuals to whom,or the
form and executed by both parties. situations in which,the Services will be
provided;or
8. Set-Off Rights iii.) the class of individuals to be afforded
The County shall have all of its common law,equitable, an opportunity to receive the Services.
and statutory rights of set-off. These rights shall include,
but not be limited to,the County's option to withhold from 10. Nonsectarian Declaration
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
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
United States District Court for the Eastern District of New
i.) deny any individual the Services York,or,if appropriate,a court of inferior jurisdiction in
provided pursuant to the Contract;or Suffolk County.
ii.) provide the Services to an individual
that is different,or provided in a 12. No Waiver
different manner,from those provided
to others pursuant to the Contract;or It shall 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 provision. Such provision shall otherwise remain in full
to the individual's receipt of the force and effect,notwithstanding any such failure or
Services provided pursuant to the forbearance.
Contract;or
iv.) restrict an individual in any way from 13. Conflicts of Interest
any advantage or privilege enjoyed by
others receiving the Services provided The Contractor shall not,during the Terns,pursue a course
pursuant to the Contract;or of conduct which would cause a reasonable person to
V.) treat an individual differently from believe that he or she is likely to be engaged in acts that
create a substantial conflict between its obligations under
others in determining whether or not the Contract and its private interests. The Contractor is
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charged with the duty to disclose to the County the withdrawal or change,whether
existence of any such adverse interests,whether existing or voluntary, involuntary or by operation
potential. This duty shall continue as long as the Term. of law,of the partners,or transfer of
The determination as to whether or when a conflict may partnership interests(other than the
potentially exist shall ultimately be made by the County purchase of partnership interests by
Attorney after full disclosure is obtained. existing partners,by the partnership
itself or the immediate family members
14. Cooperation on Claims by reason of gift,sale or devise),or the
dissolution of the partnership without
The Contractor and the County shall render diligently to immediate reconstitution thereof,and
each other,without compensation,any and all cooperation
that may be required to defend the other party,its ii.) if the Contractor is a closely held
employees and designated representatives,against any corporation(i.e.whose stock is not
claim,demand or action that may be brought against the publicly held and not traded through an
other party,its employees or designated representatives exchange or over the counter):
arising out of,or in connection with,the Contract.
1. the dissolution,merger,
15. Confidentiality consolidation or other
reorganization of the Contractor;
Any document of the County,or any document created by and
the Contractor and used in rendering the Services,shall 2. the sale or other transfer of twenty
remain the property of the County and shall be kept percent(20%)or more of the
confidential in accordance with applicable laws,rules,and
regulations. shares of the Contractor(other
than to existing shareholders,the
corporation itself or the immediate
M. Assignment and Subcontracting family members of shareholders
a. The Contractor shall not delegate its duties under by reason of gift,sale or devise).
the Contract,or assign,transfer,convey, b. If the Contractor is a not-for-profit corporation,a
subcontract,sublet,or otherwise dispose of the change of twenty percent(201/6)or more of its
Contract,or any of its right,title or interest shares or members shall be deemed a Permitted
therein,or its power to execute the Contract,or Transfer.
assign all or any portion of the monies that may
be due or become due hereunder,(collectively C. The Contractor shall notify the County in writing,
referred to in this paragraph 16 as"Assignment"), which notice(the"Transfer Notice")shall
to any other person,entity or thing without the include:
prior written consent of the County,and any
attempt to do any of the foregoing without such i.) the proposed effective date of the
consent shall be void ab initio. Permitted Transfer,which shall not be
less than thirty(30)days nor more than
b. Such Assignment shall be subject to all of the one hundred eighty(180)days after the
provisions of the Contract and to any other date of delivery of the Transfer Notice;
condition the County requires. No approval of
any Assignment shall be construed as enlarging ii.) a summary of the material terms of the
any obligation of the County under the terms and proposed Permitted Transfer;
provisions of the Contract. No Assignment of the
Contract or assumption by any person of any duty iii.) the name and address of the proposed
of the Contractor under the Contract shall transferee;
provide for,or otherwise be construed as,
releasing the Contractor from any term or iv.) such information reasonably required
provision of the Contract. by the County,which will enable the
17. Changes to Contractor County to determine the financial
responsibility,character,and reputation
a. The Contractor may,from time to time,only with of the proposed transferee,nature of the
the County's written consent,enter into a proposed assignee/transferee's business
Permitted Transfer. For purposes of the and experience;
Contract,a Permitted Transfer means: v.) all executed forms required pursuant to
i.) if the Contractor is a partnership,the Article IV of the Contract,that are
required to be submitted by the
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Contractor;and "Thus publication is fully or partially funded
by the County of Suffolk."
vi.) such other information as the County
may reasonably require. 21. Copyrights and Patents
d. The County agrees that any request for its a. Copyrights
consent to a Permitted Transfer shall be granted,
provided that the transfer does not violate any If the work of the Contractor should result in the
provision of the Contract,and the transferee has production of original books,manuals,films,or
not been convicted of a criminal offense as other materials for which a copyright may be
described under Article II of Chapter 189 of the granted,the Contractor may secure copyright
Suffolk County Code. The County shall grant or protection. However,the County reserves to
deny its consent to any request of a Permitted itself,and the Contractor hereby gives to the
Transfer within twenty(20)days after delivery to County,and to any other person designated by
the County of the Transfer Notice, in accordance the County,a royalty-free,nonexclusive license
with the provisions of Paragraph 26 of Article to produce,reproduce,publish,translate,or
III of the Contract. If the County shall.not give otherwise use any such materials.
written notice to the Contractor denying its
consent to such Permitted Transfer(and setting b. Patents
forth the basis for such denial in reasonable
detail)within such twenty(20)-day period,then If the Contractor makes any discovery or
the County shall be deemed to have granted its invention during the Term,as a result of work
consent to such Permitted Transfer. performed under the Contract,the Contractor
may apply for and secure for itself patent
e. Notwithstanding the County's consent, protection. However,the County reserves to
itself,and the Contractor hereby gives to the
i.) the teras and conditions of the County,and to any other person designated by
Contract shall in no way be deemed to the County,a royalty-free,nonexclusive license
have been waived or modified;and to produce or otherwise use any item so
discovered or patented.
ii.) such consent shall not be deemed
consent to any further transfers. 22. Arrears to County
18. No Intended Third Party Beneficiaries Contractor warrants that,except as may otherwise be
The Contract is entered into solely for the benefit of the authorized by agreement,it is not in arrears to the County
County and the Contractor. No third party shall be deemed upon any debt,contract,or any other lawful obligation,and
a beneficiary of the Contract and no third party shall have
is not in default to the County as surety.
the right to make any claim or assert any right under the
Contract. 23. Lawful Hiring of Employees Law in Connection
with Contracts for Construction or Future
19. Certification as to Relationships Construction
In the event that the Contract is subject to the Lawful
The Contractor certifies under penalties perjury that, Hiring of Employees Law of the County of Suffolk,Suffolk
other than through the fiords provided in the Contract and County Code Article II of Chapter 353,as more fully set
other valid agreements with the County,there is no known
spouse,life partner,business,commercial,economic,or forth in the Article entitled"Suffolk County Legislative
financial relationship with the County or its elected Requirements,"the Contractor shall maintain the
documentation mandated to be kept by this law on the
officials. The Contractor also certifies that there is no
relationship within the third degree of consanguinity, construction site at all times. Employee sign-in sheets and
register/log books shall be kept on the construction site at
between the Contractor,any of its partners,members, all times and all covered employees,as defined in the lav,
directors, shareholders awning five(5/o}percent or shall be required to sign such sign-in sheets/register/logmore of thea Contractor,and the County. books to indicate their presence on the construction site
20. Publications during such working hours.
Any book,article,report,or other publication related to the 24. Certification Regarding Lobbying
Services provided pursuant to this Contract shall contain
the following statement in clear and legible print: Together with this Contract and as a condition precedent to
its execution by the County,the Contractor shall have
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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 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(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 I 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 Teat for Article III
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Application for County Compensation(Contract)."
Article IV
Suffolk County Legislative Requirements Suffolk County Living Wage Form LW-38;entitled
"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
OFFICE AND THE DEPARTMENT NAMED ON THE 3. Use of County Resources to Interfere with Collective
SIGNATURE PAGE OF THIS CONTRACT. Bargaining Activities
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
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
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 b. No County funds shall be used to reimburse the
public disclosure statement required by Suffolk County
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 to 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
Contract. neutrality agreement,fair communication agreement,non-
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-LO I;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
Suffolk County Living Wage Law of the County of Suffolk. 4. 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 the
County through any grant,loan,subsidy,funding,
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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 I324a)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 an y al, employee
percent(100%)funded by the County,shall submit to the gi Y gratuity at an offny em 1 ee or
covered employer a completed sworn affidavit(under agent of the County or the State or of any political party,
aI of u with the purpose or intent of securing an agreement or
penalty perjury),ry),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 of covered employees and agreement.
with respect to the alien and nationality status of the
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 agreement,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 re
covered employer and the County;and shall be made P Y wrequirements of sections
13 and A4.14 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,owner,contractor and subcontractor no later sections A4-13 and A4-14 of Article IV of the Suffolk
than January 1 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 are a
material,contractual and statutory duty and that the failure Child Sexual Abuse Reporting Policy
to file any such statement shall constitute a material breach
of the Contract. It shall be the duty of the Contractor to read,become
familiar with,and comply with the requirements of Article
Under the provisions of the Lawful Hiring of Employees 11 of Chapter 880 of the Suffolk County Code.
Law,the County shall have the authority to terminate the
Contract for violations of this Law and to seek other The Contractor shall comply with Article II of Chapter 880,
remedies available under the law. of the Suffolk County Code,entitled"Child Sexual Abuse
Reporting Policy,"as now in effect or amended hereafter or
The documentation mandated to be kept by this law shall at of any other Suffolk County Local Law that may become
all times be kept on site. Employee sign-in sheets and applicable during the term of the Contract with regard to
register/log books 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
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S. Non Responsible Bidder appropriate in the circumstances.
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
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 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 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
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Article V County Department of Audit and Control,shall
General Fiscal Terms and Conditions be furnished to the County pursuant to,and as
limited by,the Regulations for Accounting
1. General Payment Terms Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
a. Presentation of Suffolk County Payment addition to any other remedies that the County
Voucher may have,failure to supply the required
documentation will disqualify the Contractor
In order for payment to be made by the County to from any further County contracts.
the Contractor for the Services,the Contractor
shall prepare and present a Suffolk County C. Payment by County
Payment Voucher,which shall be documented by
sufficientpayment by the County shall be made within
competent and evidential matter. Each
Suffolk County Payment Voucher submitted for thirty(30)days atter approval of the Suffolk
payment is subject to Audit at any time during County Payment Voucher by the Comptroller.
the Term or any extension thereof. This
provision shall survive expiration or termination d. Budget Modification
of this Contract for a period of not less than
seven(7)years,and access to records shall be as i.) The parties shall use the Contract
set forth in paragraph 25 of Article 111,and Budget Modification Request form
paragraph 4(b)of Article V. ("Budget Modification")for revisions
to the Budget and Services not
b. Voucher Documentation involving an increase to the total cost
of the Contract.If the Contractor is
The Suffolk County Payment Voucher shall list seeking such a modification,the
all information regarding the Services and other Contractor shall contact the
items for which expenditures have been or will be Department to receive the form and
made in accordance with the Contract. Either enter the required information. When
upon execution of the Contract(for the Services the County and the Contractor agree as
already rendered and expenditures already made), to such revisions,the Contractor shall
or not more than thirty(30)days after the sign the Budget Modification form and
expenditures were made,and in no event after the return it to the County for execution
31"day of January following the end of each year along with any other documentation the
of the Contract,the Contractor shall furnish the Department may require.
County with detailed documentation in support
of the payment for the Services or expenditures ii.) Such request must be made in advance
under the Contract e.g.dates of the Service, of incurring any expenditure for which
worksite locations,activities,hours worked,pay the revision is needed.
rates and all program Budget categories. The
Suffolk County Payment Voucher shall include iii.) Upon complete execution of the Budget
time records,certified by the Contractor as true Modification form,the County shall
and accurate,of all personnel for whom return a copy to the Contractor. The
expenditures are claimed during the period. revision shalt not be effective until the
Time and attendance records of a project director, Budget Modification is completely
if any,shall be certified by the Chairperson, executed.
President or other designated member of the
Board of Directors of the Contractor. All Suffolk iv.) The Budget Modification form may be
County Payment Vouchers must bear a signature submitted only twice per calendar year
as that term is defined pursuant to New York and may only be submitted prior to
State General Construction Law§46 by duly November 15ch.of that year.
authorized persons,and certification of such
authorization with certified specimen signatures e. Budget and/or Services Revisions
thereon must be filed with the County by a
Contractor official empowered to sign the i.) The parties shall use the Contract
Contract. Disbursements made by the Contractor Budget/Services Revision Approval
in accordance with the Contract and submitted Form(Budget/Services Revisions)for
for reimbursement must be documented and must revisions to the Budget and Services
comply with accounting procedures as set forth involving any change to the total cost
by the Suffolk County Department of Audit and of the Contract due to a resolution of
Control. Documentation,including any other the Legislature,changes to the
form(s)required by County or the Suffolk County's adopted annual budget,or for
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ARTICLE V
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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 G 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
a 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.
Upon complete execution of the form 3. Personnel Salaries,Pension and Employee Benefit
by the parties,the County shall return a Plans,Rules and Procedures
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.
f. Taxes i•) salary scale for all positions listed in
the Budget;
The charges payable to the Contractor under the ii.) personnel rules and procedures;
Contract are exclusive of federal,state,and local
taxes,the County being a municipality exempt
from payment of such taxes. iii.) pension plan and any other employee
benefit plans 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
4. Accounting Procedures
a. The Contract is subject 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 Services, may be promulgated by the Suffolk County
or to reimburse the County,in whole or in part, Department of Audit and Control and the
for payments made for the Services,the County Department. The Contractor shall permit
shalt have the sole and exclusive right to: inspection and audit of such accounts,books,
records,documents and other evidence by the
i.) determine how to pay for the Services; Department and the Suffolk County Comptroller,
or their representatives,as often as,in their
determine future payments to the judgment,such inspection is deemed necessary.
Contractor;and Such right of inspection and audit as set forth in
subparagraph b.below shall exist during the
determine what amounts,if any,are Term and for a period of seven(7)years after
reimbursable to the County by the expiration or termination of the Contract.
Contractor and the terms and
21 of 28 pages
ARTICLE V
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
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
during the Term. i.) a current license issued by
the New York State
S. Audit of Financial Statements
Education Department;
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 than
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(3 0)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 clearly
amount of such overpayment by check to the differentiate between County-funded programs
order of the Suffolk County Treasurer or shall and other programs that the Contractor may be
submit a proposed plan of repayment 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 dollars 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 III, from Federal awarding agencies,or as a
and paragraph 4(b)of Article V. subrecipient expending Federal awards received
from a pass-through entity,such as New York
6. Financial Statements and Audit Requirements State or Suffolk County,during any fiscal year
within which it receives funding 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-133
services of an independent licensed public (revised June 27,2003). Single Audit Reports
accountant or certified public accountant(the must also be submitted to the designated
"Auditor")to audit its financial statements for clearinghouse,cognizant agency and/or pass-
each Contractor's"fiscal year"in which the through entity,to the extent required by the OMB
Contractor has received,or will receive,three Circular referred to above.
hundred thousand($300,000.00)dollars or more e. The Contractor must submit to the County a
from the County,whether under the Contract or statement in writing,certified by its chief
22 of 28 pages
ARTICLE V
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
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.0.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 progranvnatic needs of the Contract. If
entities. the County exercises this right,the
f. Caples of all financial statements,Management amount budgeted for the items so
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 m 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 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 terms
State and County government for that purpose. of the Contract or any prior agreement
h. The provisions of this paragraph shalt survive the between the parties.
expiration or termination of the Contract. iv.) The Contractor shall attach labels
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 C. 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 furniture,fixtures,or equipment valued 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 County 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 filing 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 price or cost,and furniture,removable fixtures,equipment,
estimated total cost of the proposed order. materials,and supplies and the same shall
Written approval of the County shalt 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 of furniture, of the Contractor.
fixtures 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 furniture,removable fixtures and equipment
23 of 28 pages
ARTICLE V
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
acquired pursuant to the Contract and all prior connected with such property shall be in
agreements between the parties,if any. Three(3) accordance with the rules and regulations of the
months before the expiration date of the Contract, County and the State of New York.
the Contractor shall make a physical count of all
items of furniture,removable fixtures and g. Lease or Rental Agreements
equipment in its custody,checking each item
against the aforesaid inventory records. A report If lease payments or rental costs are included in the Budget
setting forth the results of such physical count as an item of expense reimbursable by the County,the
shall be prepared by the Contractor on a form or Contractor shall promptly submit to the County,upon
forms designated by the County,certified and r uest,an lease or rental
signed by an authorized official of the � Y agreement. If during the Term,
Contractor,and one authorized
copy thereof shall be the Contractor shall enter into a lease or rental agreement,
delivered to the County within five(5)days after or shall renew a lease or rental agreement,the Contractor
the date set for the aforesaid physical count shall,prior to the execution thereof,submit such lease or
rental agreement,to the County for approval.
Within five(5)days after the termination or
expiration date of the Contract,the Contractor
shall submit to the County six(b)copies of the 9• Statement of Other Contracts
same report updated to such date of the Contract,
certified and signed by an authorized official of Prior to the execution of the Contract,the Contractor shall
the Contractor,based on a physical count of all submit a Statement of Other Contracts to the County. If the
items of furniture,removable fixtures and Contract is amended during the Term,or if the County
equipment on the aforesaid expiration date,and exercises its option right,the Contractor shall submit a then
revised,if necessary,to include any inventory current Statement of Other Contracts.
changes during the last three(3)months of the
Term. 10. Miscellaneous Fiscal Terms and Conditions
e. Protection of Property in Contractor's a. Limit of County's Obligations
Custody
The maximum amount to be paid by the County
The Contractor shall maintain vigilance and take is set forth on the first page of the Contract.
all reasonable precautions to protect the furniture,
fixtures,equipment,material or supplies in its b. Duplicate Payment from Other Sources
custody against damage or loss by fire,burglary,
then,disappearance,vandalism,or misuse.In the Payment by the County for the Services shall not
event of burglary,theft,vandalism,or duplicate payment received by the Contractor
disappearance of any item of furniture,fixtures, from any other source.
equipment,material or supplies,the Contractor
shall immediately notify the police and make a C. Funding Identification
record thereof,including a record of the results of
any investigation which may be made thereon. In The Contractor shall promptly submit to the
the event of loss of or damage to any item of County upon request,a schedule for all programs
furniture,fixtures,equipment,materials,or funded by the County,itemizing for each such
supplies from any cause,the Contractor shall program the sums received,their source and the
immediately send the County a detailed written total program budget.
report thereon.
d. Outside Funding for Non-County Funded
f. Disposition of Property in Contractor's Activities
Custody
Notwithstanding the foregoing provisions of the
Upon termination of the County's funding of any Contract,it is the intent of the County that the
of the Services covered by the Contract,or at any terms and conditions of the Contract shall not
other time that the County may direct,the limit the Contractor from applying for and
Contractor shall make access available and render accepting outside grant awards or from providing
all necessary assistance for physical removal by additional educational activities/services whicb
the County or its designee of any or all furniture, may result in the Contractor incurring additional
removable fixtures,equipment,materials or costs,as long as the following conditions are met:
supplies in the Contractor's custody in which the
County has a proprietary interest,in the same i.) The County is not the Fund Source for
condition as such property was received by the the additional services;
Contractor,reasonable wear and tear excepted.
Any disposition,settlements or adjustments ii.) Sufficient funding is available for or
can be generated by the Contractor to
24 of 28 pages
ARTICLE V
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
cover the cost incurred by the expenditures made during the Term because of
Contractor to provide these additional any act,omission or negligence on the part of the
services;and Contractor,then the County may deduct and
iii.) If sufficient funding is not available or withhold from any payment due to the Contractor
cannot be generated,the County shall an amount equal to the reimbursement denied by
not be held liable for any of the the state or federal government agency,and the
additional costs incurred by the County's obligation to the Contractor shall be
Contractor in furnishing such reduced by any such amounts. In such an event,
if there should be a balance due to the County
additional services. after it has made a final payment to the
iv.) Prior to scheduling any such additional Contractor under the Contract,on demand by the
services on County-owned property, County,the Contractor shall reimburse the
the Contractor shall obtain written County for the amount of the balance due the
County approval. The Contractor shall, County,payable to the Suffolk County Treasurer.
to the County's satisfaction,submit any The provisions of this subparagraph shall survive
documentation requested by the the expiration or termination of the Contract.
Department reflecting the change,and
identify the additional services to be h. Budget
provided and the source of funding that
shall be utilized to cover the The Contractor expressly represents and agrees
expenditures incurred by the Contractor that the Budget lists all revenue,expenditures,
in undertaking the additional services. personnel,personnel costs and/or all other
relevant costs necessary to provide the Services.
e. Potential Revenue
L Payment of Claims
The Contractor shall actively seek and take
reasonable steps to secure all potential funding Upon receipt of a Suffolk County Payment
from grants and contracts with other agencies for Voucher,the County,at its discretion,may pay
programs funded by the County. the Contractor during the Term,in advance,an
amount not to exceed one sixth(1/6)of the
f. Payments Contingent upon State/Federal maximum amount to be paid by the County set
Funding forth on the first page of the Contract.
Payments under the Contract may be subject to j. Payments Limited to Actual Net Expenditures
and contingent upon continued funding by State
and/or Federal agencies. In the event payments The Contractor agrees that if,for any reason
are subject to such funding no payment shall be whatsoever,the Contractor shall spend during the
made until the Contractor submits documentation Term for the purposes set forth in the Contract an
in the manner and form as shall be required by amount less than,or receive amounts more than,
State and/or Federal agency. If late submission provided in the Budget,the total cost of the
of claims precludes the County from claiming Contract shall be reduced to the net amount of
State or Federal reimbursement,such late claims actual Contractor expenditures made for such
by the Contractor shall not be paid by the County purposes. The total amount to be paid by the
subject to subparagraph g.below, if,for any County shall not exceed the lesser of(i)actual
reason,the full amount of such funding is not net expenditures or(ii)the total cost of the
made available to the County,the Contract may Contract on the cover page and in the Budget.
be terminated in whole or in part,or the amount Upon termination or expiration of the Contract,if
payable to the Contractor may be reduced at the the Contractor's total amount of allowable
discretion of the County,provided that any such expenses is less than the total amount of the
termination or reduction shall not apply to payments made during the Term,the Contractor
allowable costs incurred by the Contractor prior shall prepare a check payable to the Suffolk
to such termination or reduction,and provided County Treasurer for the difference between the
that money has been appropriated for payment of two amounts and submit such payment to the
such costs. County,along with the final Suffolk County
Payment Voucher.
g. Denial of Aid
k.. Travel,Conference,and Meeting Attendance:
If a State or Federal government agency is SOP A-07 Amendment 1
funding the Contract and fails to approve aid in
reimbursement to the County for payments made Reimbursement to the Contractor for travel costs
hereunder by the County to the Contractor for shall not exceed amounts allowed to County
25 of 28 pages
ARTICLE V
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
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."
1. 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
o1;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
26 of 28 pages
ARTICLE V
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
Article VI
Budget
The monies provided under this Contract must be used by the Contractor to aid the suppression of DWI. The
Contractor shall schedule and pay police officers employed by the Contractor to perform patrol duties on an
overtime basis, that are exclusively related to identifying and arresting motorists engaged in DWI. These patrols
should result in an increased number of arrests for DWI and a reduction of alcohol related crashes and fatalities
'The hours of enforcement shall include times and days which have historically reflected high incidences of DWI and
crashes and fatalities caused by motorists engaged in DWI. Scheduling is limited to the dates listed.
MEMORIAL DAY-May 22 - May 27
FOURTH OF JULY: July 3 - July 7
LABOR DAY {NATIONAL}: August 15 - September 1
The Contractor will receive funding in the amount of$5,544.00. The Contractor shall expend said funding each
year to cover the overtime earned by police officers employed by the Contractor while performing the Services
set forth above, as follows:
Overtime: $5,544.00
Fringe Benefits: $ 0.00
Total of Personnel Services: $5,544.00
Other Services 0.00
Total of All Services: $5,544.00
Any funding not so expended cannot be carried over and added to the amount of funding allocated for any
subsequent years
The Contractor will not be reimbursed for any costs not listed in the budget set forth above including but not
limited to those costs related to fringe benefits, administration, staff support and related operational equipment.
27 of 28 pages
ARTICLE VI
Rev. 12/17/13; Law No. 14-DWI-002
Line Item/Omnibus Grant
EXHIBIT A
2014 Grant Policies for High Visibility Road CheckslSaturation Patrols
Crackdowns Project:
1. These details must be cooperative,multi-agency efforts.
2. All activities/expenses must be reported to the county STOP-DWI Coordinator within 30 days of the
detail. (Forms will be provided)
3. You must do a press release or have a press conference about each detail for which you are funded.
To receive reimbursement for the checkpoint/saturation patrols you must provide the following to the
Grant Administrator:
1. The STOP-DWI Coordinator must submit Enforcement Personnel Sheets (PS-1) for each department
which participated in the crackdown. The PS-1 sheets must be completed by the enforcement agency
and signed by a supervisor of the agency.
2. The STOP-DWI Coordinator must submit one expense total for each crackdown. Reimbursement under
the grant will be payable to the County STOP-DWI Program
3. Each police agency will complete a detail activity sheet for each crackdown. The STOP-DWI
Coordinator will then submit one summary sheet for the County to the GTSC.
Suffolk County STOP-DWI Enforcement Crackdowns
MEMORIAL DAY- May 22 - May 27
FOURTH OF JULY: July 3 -July 7
LABOR DAY(NATIONAL): August 15 - September 1
28 of 28 pages
ARTICLE VI
®� RESOLUTION 2014-889
ADOPTED DOC ID: 10223
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-889 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 5,2014:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the STOP-
DWI Program in an amount not to exceed $26,672.00 for the term October 1,2014 through
September 30, 2015, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Rev.8-12-14; Law No. 15-DWI—005 11FMS—SC PRO 0000000
STOP DWMMgh Visibility Enforcement
Contract
This Contract("Contract")is between the County of Suffolk("County"),a municipal corporation of
the State of New York, acting through its duly constituted Department of Probation/STOP-DWI Program
("Department"),located at 395 Oser Avenue, Hauppauge,NY 11788; and
Town of Southold("Contractor"),a Municipal Corporation,having an address at 53095 Route 25,
Southold,New York 1197.
The Contractor has been designated to receive grant funds for STOP-DWI Enforcement Crackdowns
("Services")as set forth more fully in Article I, entitled"Description of Services."
Term of the Contract: October 1, 2014 through September 30, 2015.
Total Cost of the Contract: Shall not exceed$26,672.00,to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through VI, attached hereto and made a part hereof.
In Witness Whereof, the parties hereto have executed the Contract as of the latest date written below.
Town of Southold z�,?, e,, COUNTY OF SUFFOLK
By:
Name: ScCztt A. Russe11 By:
Title: s 11 1e rvi s or Dennis M.Cohen
Fed. Tax ID#: 11-6001939 Chief Deputy County Executive
Date 7 I- 1'� -/I Date:
SCBE A s—R i;gg P-j I (print name)
hereby certifies under penalties c f perjury that I am an Approved:
officer of Town of Southold,that I have read and I am Department
familiar with§A5-7 of Article V of the Suffolk County
Code,and that To of Southold meets all requirements
to qualify for a on there der. By:
Sign: Date 1
I /y Patrice Dlhopolsky
Director
Approved as to Form: Date
Dennis M.Brown
County Attorney
By:
Janet Ford
Assistant County Attorney
Date
Page 1 of 30
Rev. 8-12-14; Law No. 15-DWI—005 IFMS—SC PRO 0000000
STOP DWI/liigh Visibility Enforcement
List of Articles
Page#
Article I .............................................................................................................................................................................5
Descriptionof Services..........................................................................................................................................................5
1. Conflicting Provisions..........................................................................................................................5
ArticleH .............................................................................................................................................................................8
Definitions .............................................................................................................................................................................8
1. Meanings of Terms............................................................................................................................... 8
2. Elements of Interpretation.....................................................................................................................9
ArticleIII ...........................................................................................................................................................................10
General Terms and Conditions..........................................................................................................................................10
1. Contractor Responsibilities................................................................................................................. 10
a. Duties and Obligations.................................................................................................................. 10
b. Qualifications,Licenses, and Professional Standards................................................................... 10
c. Notifications.................................................................................................................................. 10
d. Documentation of Professional Standards.................................................................................... 10
e. Credentialing................................................................................................................................. 10
f. Engineering Certificate................................................................................................................. 10
2. Termination......................................................................................................................................... 10
a. Thirty Days Termination............................................................................................................... 10
b. Event of Default; Termination on Notice..................................................................................... 11
c. Termination Notice....................................................................................................................... 11
d. Duties upon Termination.............................................................................................................. 11
3. Indemnification and Defense.............................................................................................................. 11
4. Insurance............................................................................................................................................. 11
5. Independent Contractor....................................................................................................................... 12
6. Severability......................................................................................................................................... 12
7. Merger; No Oral Changes................................................................................................................... 12
8. Set-Off Rights..................................................................................................................................... 12
9. Non-Discrimination in Services.......................................................................................................... 12
10.Nonsectarian Declaration.................................................................................................................... 13
11. Governing Law ................................................................................................................................... 13
12.No Waiver........................................................................................................................................... 13
13. Conflicts of Interest............................................................................................................................. 13
14. Cooperation on Claims ....................................................................................................................... 13
15. Confidentiality.................................................................................................................................... 13
16.Assignment and Subcontracting.......................................................................................................... 13
17. Changes to Contractor......................................................................................................................... 14
18. No Intended Third Party Beneficiaries................................................................................................ 14
19. Certification as to Relationships......................................................................................................... 14
20. Publications......................................................................................................................................... 15
21. Copyrights and Patents........................................................................................................................ 15
a. Copyrights..................................................................................................................................... 13
b. Patents........................................................................................................................................... 13
22. Arrears to County................................................................................................................................ 15
Page 2 of 30
Rev.8-12-14;Law No. 15-DWI—005 IFMS—SC PRO 0000000
STOP DWMMgh Visibility Enforcement
23.Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction.................................................................................................................................... 15
24. Certification Regarding
Lobbying.................................................................................13
25. Record Retention ................................................................................................................................ 15
26. Notice.................................................................................................................................................. 16
ArticleIV ...........................................................................................................................................................................17
SuffolkCounty Legislative Requirements........................................................................................................................17
1. Contractor's/Vendor's Public Disclosure Statement.......................................................................... 17
2. Living Wage Law................................................................................
3. Use of County Resources to Interfere with Collective Bargaining Activities .................................... 17
4. Lawful Hiring of Employees Law....................................................................................................... 17
5. Gratuities................................................................:............................................................................ 18
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas............................. 18
7. Child Sexual Abuse Reporting Policy................................................................................................ 18
8. Non Responsible Bidder..................................................................................................................... 19
9. Use of Funds in Prosecution of Civil Actions Prohibited................................................................... 19
10. Youth Sports....................................................................................................................................... 19
11. Work Experience Participation........................................................................................................... 19
12. Safeguarding Personal Information of Minors 17
13. Suffolk County Local Laws Website Address.................................................................................... 19
ArticleV ...........................................................................................................................................................................20
GeneralFiscal Terms and Conditions...............................................................................................................................20
1. General Payment Terms......................................................................................................................20
a. Presentation of Suffolk County Payment Voucher.......................................................................20
b. Voucher Documentation...............................................................................................................20
c. Payment by County.......................................................................................................................20
d. Budget Modification.....................................................................................................................20
e. Budget and/or Services Revisions.................................................................................................20
f. Taxes............................................................................................................................................. 21
g. Final Voucher................................................................................................................................21
2. Subject to Appropriation of Funds......................................................................................................21
3. Personnel Salaries,Pension and Employee Benefit Plans,Rules and Procedures.............................. 21
4. Accounting Procedures.......................................................................................................................21
5. Audit of Financial Statements.............................................................................................................22
6. Financial Statements and Audit Requirements...................................................................................22
7. Furniture,Fixtures,Equipment, Materials, Supplies..........................................................................23
a. Purchases,Rentals or Leases Requiring Prior Approval..............................................................23
b. Purchase Practices/Proprietary Interest of County........................................................................ 23
c. County's Right to Take Title and Possession...............................................................................23
d. Inventory Records, Controls and Reports.....................................................................................23
e. Protection of Property in Contractor's Custody............................................................................24
f. Disposition of Property in Contractor's Custody..........................................................................24
8. Lease or Rental Agreements...............................................................................................................24
9. Statement of Other Contracts..............................................................................................................24
10. Miscellaneous Fiscal Terms and Conditions......................................................................................24
a. Limit of County's Obligations......................................................................................................24
Page 3 of 30
Rev.8-12-14; Law No. 15-DWI—005 IFMS—SC PRO 0000000
STOP DWMMgh Visibility Enforcement
b. Duplicate Payment from Other Sources........................................................................................24
c. Funding Identification...................................................................................................................24
d. Outside Funding for Non-County Funded Activities....................................................................24
e. Potential Revenue......................................................................................................................... 25
f. Payments Contingent upon State/Federal Funding.......................................................................25
g. Denial of Aid................................................................................................................................. 25
h. Budget........................................................................................................................................... 25
i. Payment of Claims........................................................................................................................25
j. Payments Limited to Actual Net Expenditures.............................................................................25
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 ....................................25
1 Salaries..........................................................................................................................................26
m. Salary Increases.............................................................................................................................26
n. Contractor Vacancies....................................................................................................................26
o. No Limitation On Rights ..............................................................................................................26
p. Comptroller's Rules and Regulations...........................................................................................26
Article VI
Budget
List of Exhibits
Exhibit A NYS STOP-DWI Enforcement Crackdown Dates and Policies
(Grant Funding October 1,2014—September 30,2015)
Exhibit B Enforcement Personnel Sheets(PS-1)
Exhibit C Detail Activity Sheet
Page 4 of 30
Rev.8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
Article I
Description of Services
Whereas,the County operates and conducts a program entitled STOP-DWI; and
Whereas,the State of New York Governor's Traffic Safety Committee has awarded$269,775.00 in Federal
Highway Safety pass-through funds ("Grant") to the New York State STOP-DWI Foundation for use by the
Suffolk County STOP-DWI Program to fund high visibility road check patrols by the Suffolk County Police
Department, Suffolk County Sheriff's Office and other local associated law enforcement agencies for the grant
term of October 1, 2014 through September 30, 2015; and
Whereas,the New York State Governor's Trak Safety Committee and the New York State STOP-DWI
Foundation, Inc. entered into a Master Contract for the Grant("Grant Contract")bearing New York State
Comptroller's No. C002145; and
Whereas,$113,688.00 of said grant funding will be used to fund high visibility road check/saturation patrols by
associated law enforcement agencies located in Suffolk County Towns and Villages; and
Whereas,the Grant designated associated law enforcement agencies,including the Contractor, to receive
funding thereunder to provide Services; and
Whereas,the Suffolk County Legislature accepted and appropriated the grant funding via Introductory
Resolution Number 1909-2014.
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. Services
Contractor agrees to the following:
a. All monies provided pursuant to this Contract shall be used to aid in increased DWI enforcement.
In particular, these funds shall only be used to reimburse Contractor for High Visibility Road
Checks/Saturation Patrols ("Crackdowns").
b. Monies provided pursuant to this Contract will only be provided for Crackdowns occurring on
specific crackdown dates. (See document entitled"STOP-DWI Enforcement Crackdowns, Grant
Funding October 1, 2014—September 30, 2015," annexed hereto as Exhibit"A")
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Line Item/Omnibus Grant
c. Crackdown details must be cooperative,multi-agency efforts.
d. All activities/expenses must be reported to the Suffolk County STOP-DWI Coordinator within
30 days of the detail on the form annexed hereto as Exhibit`B."
e. Enforcement Personnel Sheets (PS-1)must be completed by Contractor and submitted to the
Suffolk County STOP-DWI Coordinator within 30 days of the detail on the form annexed hereto
as Exhibit"C."
f. Contractor must submit a Detail Activity Sheet for each crackdown to the Suffolk County STOP-
DWI Coordinator within 30 days of the detail on the form annexed hereto as Exhibit"D."
g. Contractor agrees to issue a press release or conduct a press conference for each Crackdown
detail for which you are receiving funds under this contract.
h. This is a reimbursement program. The Contractor incurs the cost of the Services and is
reimbursed by the County according to the approved budget. All costs must be documented and
the reimbursement request must be in accordance with the terms and conditions of this Contract
3. Reports/Progress Meetings
The Contractor will be responsible for issuing timely reports, as requested by the Department, on the
status of pending and proposed services provided under this Contract. The Department reserves the right
to request such reports in written form or oral presentation. All written reports will also be made
available to the County in electronic format. Depending upon the nature of services provided under this
Contract,the County may require the parties meet in person; the meeting time,place and attendees shall
be as mutually agreed upon by the parties.
4. Compliance with Grant Contract Provisions
The Contractor agrees to comply with all requirements applicable to it in the Grant Contract, if any,
between the federal and/or State governments) and the County and shall cooperate with the County in
all respects necessary or appropriate to enable the County to comply with the requirements of such Grant
Contract applicable to the County.
5. Actual Fringe Benefit Costs
Fringe benefits claims should be based on actual costs. However, if the contractor pays some or all
fringe benefits on a quarterly, semiannual, or annual basis, it may make monthly claims for such fringe
benefits based on an estimated percentage of each eligible individual's salary,except that the claim
submitted for the last month of each Budget Period must include an adjustment for fringe benefit
expense changing it from estimated to actual cost, or the Contractor may include such adjustment in its
supplementary claim submitted not more than thirty(30) days after the end of the Budget Period. If such
adjustment is not submitted with the claim for the last month of the Budget Period, the Department may
place such claim in reserve pending receipt and audit of the fringe benefit adjustment claim. The County
may recoup any overpayment from any subsequent claim, or the Contractor shall promptly repay to the
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ARTICLE I
Rev.8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
County any overpayment on demand. Furthermore,the Contractor agrees that all payments received by
the Contractor for all items, including employee benefits,under this Agreement, are subject to
adjustment as finally determined by audit, and that no indirect or overhead charges or any interest costs
are to be included,unless specifically included in the Budget.
6. Payments Subject to Reporting
Contractor's failure to meet the reporting requirements set forth herein may result in a reduction in the
total amount to be paid to the Contractor.
End of Text for Article I
7 of 30 pages
ARTICLE I
Rev. 8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
Article II
Definitions d. the Contractor's failure to comply with any
Federal,State or local law,rule,or regulation,
1. Meanings of Terms and County policies or directives;or
As used herein: e. the Contractor's bankruptcy or insolvency;or
"Audit of Financial Statements"means the examination by f. the Contractor's failure to cooperate in an Audit
the Comptroller and any Federal or State auditing authority of of Financial Statements;or
the financial statements of the Contractor resulting in the
publication of an independent opinion on whether or not those g. the Contractor's falsification of records or
financial statements are relevant,accurate,complete,and fairly reports,misuse of funds,or malfeasance or
presented. nonfeasance in financial record keeping arising
out of,or in connection with,any contract with
"Budget"means the Contractor's summary or plan of all the County;or
intended revenue,whether received in the form of fees,grants,
County funding,or any other source,and expenditures necessary to h. the Contractor's failure to submit,or failure to
render the Services. timely submit,documentation to obtain Federal
or State funds;or
"Budget Deficiency Plan"means an analysis of the cost of the
Services,changes in fiscal conditions,and required modifications to I. the inability of the County or the Contractor to
the Contract to continue to render the Services. obtain Federal or State funds due to any act or
omission of the Contractor,or
"Comptroller"means the Comptroller of the County of Suffolk.
j. any condition that the County determines,in its
"Contract"means all terms and conditions of this Contract forming sole discretion,is dangerous.
all rights and obligations of the Contractor and the County.
"Federal"means the United States government,its departments,and
"Contractor"means the signatory corporation,its officers,officials, agencies.
employees,agents,servants,sub-contractors,and any successor or
assign of any one or more of the foregoing performing the Services. "Fringe Benefits"means non-wage benefits which accompany,or
are in addition to,a person's salary,such as paid insurance,sick
"County"means the County of Suffolk,its departments,and leave,profit-sharing plans,paid holidays,and vacations.
agencies.
"Fund Source"means any direct or indirect sum payable to the
"County Attorney"means the County Attorney of the County of Contractor by the County pursuant to any lawful obligation.
Suffolk.
"Legislature"means the Legislature of the County of Suffolk.
"Department"means the signatory department approving the
Contract. "Management Letter"means a letter certified as true by the
Contractor's certified public accountant or chief financial officer of
"Engineering Services"means the definition of the practice of findings and recommendations for improvements in internal fiscal
engineering and the definition of practice of land surveying,as the control that were identified during an Audit of Financial Statements,
case may be,under Section 7201 and Section 7203 of the State but which were not required to be included in an audit report.
Education Law,respectively.
"Municipal Corporation"means a town,village,or school district.
"Event of Default"means
"Services"means 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 1(b)-(e)of described in Article I"Description of Services."
Article III of the Contract;or
"State"means the State of New York.
b. the Contractor's failure to maintain the amount
and types 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 will 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(i)which are currently in effect or(ii)
required by the Contract with an insurer that has which have expired within the past twelve(12)months and have not
designated the New York Superintendent of been renewed.
Insurance as its lawful agent for service of
process;or
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ARTICLE II
Rev. 8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
"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 H
9 of 30 pages
ARTICLE H
Rev.8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
Article III other term and provision of the Contract shall be
General Terms and Conditions valid and enforceable to the fullest extent
permitted by law.
1. Contractor Responsibilities
d. Documentation of Professional Standards
a. Duties and Obligations
The Contractor shall maintain on file,in one location in
Q It shall be the duty of the Contractor to discharge, Suffolk County,all records that demonstrate that it has
or cause to be discharged,all of its complied with sub-paragraphs(b)and(c)above. The
responsibilities,and to administer funds received address of the location of the aforesaid records and
in the interest of the County in accordance with documents shall be provided to the County no later than the
the provisions of the Contract. date of execution of the Contract. Such documentation
shall be kept,maintained,and available for inspection by
ii.) The Contractor shall promptly take all action as the County upon twenty-four(24)hours notice.
may be necessary to render the Services.
e. Credentialing
iii.) The Contractor shall not take any action that is
inconsistent with the provisions of the Contract. i.) In the event that the Department,or any division
thereof,maintains a credentialing process to
iv.) Services provided under this Contract shall be qualify the Contractor to render the Services,the
open to all residents of the County. Contractor shall complete the required
credentialing process. In the event that any State
b. Qualifications,Licenses,and Professional Standards credential,registration,certification or license,
Drug Enforcement Agency registration,or
The Contractor represents and warrants that it has,and Medicare or Medicaid certification is restricted,
shall continuously possess,during the Term,the required suspended,or temporarily or permanently
licensing,education,knowledge,experience,and character revoked,it is the duty of the Contractor to contact
necessary to qualify it to render the Services. the Department,or division thereof,as the case
may be,in writing,no later than three(3)days
The Contractor shall continuously have during the Term all after such restriction,suspension,or revocation.
required authorizations,certificates,certifications,
registrations,licenses,permits,and other approvals ii.) The Contractor shall forward to the Department,
required by Federal,State,County,or local authorities or division thereof,as the case may be,on or
necessary to qualify it to render the Services. before July 1 of each year during the Term,a
complete list of the names and addresses of all
C. Notifications persons providing the Services,as well as their
respective areas of certification,credentialing,
W The Contractor shall immediately notify the registration,and licensing.
County,in writing,of any disciplinary
proceedings,commenced or pending,with any E Engineering Certificate
authority relating to a license held by any person
necessary to qualify him,her,or the Contractor to In the event that the Contract requires any Engineering
perform the Services. Services,the Contractor shall submit to the County,no
later than the due date for submission for approval of any
ii.) In the event that a person is no longer licensed to engineering work product,the Certificate of Authorization
perform the Services,the Contractor must ("Certificate"),issued pursuant to§7210 of the New York
immediately notify the County,but in no event Education Law,of every person performing any
shall such notification be later than five(5)days Engineering Services. The failure to file,submit,or
after a license holder has lost the license required maintain the Certificate shall be grounds for rejection of
to qualify the license holder or the Contractor to any engineering work product submitted for approval.
perform the Services.
2. Termination
iii.) In the event that the Contractor is not able to
perform the Services due to a loss of license,the a. Thirty Days Termination
Contractor shall not be reimbursed for the
Services rendered after the effective date of The County shall have the right to terminate the Contract
termination of such license. Without limiting the without cause,for any reason,at any time,upon such terns
generality of the foregoing,if any part of the and conditions it deems appropriate,provided,however,
Contract remains to be performed,and the that no such termination shall be effective unless the
termination of the license does not affect the Contractor is given at least thirty(30)days notice.
Contractor's ability to render the Services,every
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Rev. 8-12-14;Law No. 15-DWI-005
Line Item/Omnibus Grant
b. Event of Default;Termination on Notice that it shall protect,indemnify,and hold harmless
the County,its agents,servants,officials,and
i.) The County may immediately terminate the employees from and against all liabilities,fines,
Contract,for cause,upon such terms and penalties,actions,damages,claims,demands,
conditions it deems appropriate,in the Event of judgments,losses,suits or actions,costs,and
Default. expenses arising out of any claim asserted for
infringement of copyright,including
ii.) If the Contractor defaults under any other reimbursement of the cost of reasonable
provision of the Contract,the County may attorneys'fees incurred by the County,its agents,
terminate the Contract,on not less than five(5) servants,officials,and employees in any action or
days notice,upon such terms and conditions it proceeding arising out of or in connection with
deems appropriate. any claim asserted for infringement of copyright.
C. Termination Notice C. The Contractor shall defend the County,its
agents,servants,officials,and employees in any
Any notice providing for termination shall be delivered as proceeding or action,including appeals,arising
provided for in paragraph 26 of this Article III. out of,or in connection with,the Contract,and
any copyright infringement proceeding or action.
d. Duties upon Termination Alternatively,at the County's option,the County
may defend any such proceeding or action and
L) The Contractor shall discontinue the Services as require the Contractor to pay reasonable
directed in the termination notice. attorneys'fees or salary costs of County
employees of the Department of Law for the
ii.) Subject to any defenses available to it,the defense of any such suit.
County shall pay the Contractor for the Services
rendered through the date of termination. 4. Insurance
iii.) The County is released from any and all liability a. The Contractor shall continuously maintain,
under the Contract,effective as of the date of the during the Term of the Contract,insurance in
termination notice. amounts and types as follows:
iv.) Upon termination,the Contractor shall reimburse
the County the balance of any funds advanced to i.) Commercial General Liability
the Contractor by the County no later than thirty insurance,including contractual
(30)days after termination of the Contract. The liability coverage,in an amount not less
provisions of this subparagraph shall survive the than Two Million Dollars
expiration or termination of the Contract. ($2,000,000.00)per occurrence for
bodily injury and Two Million Dollars
V.) Nothing contained in this paragraph shall be ($2,000,000.00)per occurrence for
construed as a limitation on the County's rights property damage. The County shall be
set forth in paragraphs 1(c)(iii)and 8 of this named an additional insured.
Article III.
ii.) Automobile Liability insurance(if any
3. Indemnification and Defense non-owned or owned vehicles are used
by the Contractor in the performance of
a. The Contractor shall protect,indemnify,and hold the Contract)in an amount not less
harmless the County,its agents,servants, than Five Hundred Thousand Dollars
officials,and employees from and against all ($500,000.00)per person,per accident,
liabilities,fines,penalties,actions,damages, for bodily injury and not less than One
claims,demands,judgments,losses,suits or Hundred Thousand Dollars
actions,costs,and expenses caused by the ($100,000.00)for property damage per
negligence or any acts or omissions of the occurrence.The County shall be named
Contractor,including reimbursement of the cost an additional insured.
of reasonable attorneys'fees incurred by the
County,its agents,servants,officials,and iii.) Workers'Compensation and
employees in any action or proceeding arising out Employer's Liability insurance in
of,or in connection with,the Contract. compliance with all applicable New
York State laws and regulations and
b. The Contractor hereby represents and warrants Disability Benefits insurance,if
that it will not infringe upon any copyright in required by law. The Contractor shall
performing the Services. The Contractor agrees furnish to the County,prior to its
11 of 30 pages
ARTICLE III
Rev. 8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
execution of the Contract,the County deems appropriate and deduct the cost
documentation required by the State of thereof from a Fund Source.
New York Workers'Compensation
Board of coverage or exemption from h. If the Contractor is a Municipal Corporation and
coverage pursuant to§§57 and 220 of has a self-insurance program under which it acts
the Workers'Compensation Law. In as a self-insurer for any of such required
accordance with General Municipal coverage,the Contractor shall provide proof,
Law§108,the Contract shall be void acceptable to the County,of self-funded
and of no effect unless the Contractor coverage.
shall provide and maintain coverage
during the Term for the benefit of such 5. Independent Contractor
employees as are required to be
covered by the provisions of the The Contractor is not,and shall never be,considered an
Workers'Compensation Law. employee of the County for any purpose. Notwithstanding
anything contained in this Contract,the Contract shall not
iv.) Professional Liability insurance in an be construed as creating a principal-agent relationship
amount not less than Two Million between the County and the Contractor or the Contractor
Dollars($2,000,000.00)on either a and the County,as the case may be.
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
policy evidencing compliance with the aforesaid exercise its set-off rights subject to approval by the County
insurance requirements. Attorney. In cases of set-off pursuant to a Comptroller's
audit,the County shall only exercise such right after the
E All evidence of insurance shall provide for the finalization thereof,and only after consultation with the
County to be notified in writing thirty(30)days County Attorney.
prior to any cancellation,nonrenewal,or material
change in the policy to which such evidence 9. Non-Discrimination in Services
relates. It shall be the duty of the Contractor to
notify the County immediately of any a. The Contractor shall not,on the grounds of race,
cancellation,nonrenewal,or material change in creed,color,national origin,sex,age,disability,
any insurance policy. sexual orientation,military status,or marital
status
g. In the event the Contractor shall fail to provide
evidence of insurance,the County may provide i.) deny any individual the Services
the insurance required in such manner as the provided pursuant to the Contract;or
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ARTICLE III
Rev.8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
ii.) provide the Services to an individual 12. No Waiver
that is different,or provided in a
different manner,from those provided It shall not be construed that any failure or forbearance of
to others pursuant to the Contract;or the County to enforce any provision of the Contract in any
iii.) subject an individual to segregation or particular instance or instances is a waiver of that
separate treatment in any matter related provision. Such provision shall otherwise remain in full
to the individual's receipt of the force and effect,notwithstanding any such failure or
Services provided pursuant to the forbearance.
Contract;or
iv.) restrict an individual in any way from 13. Conflicts of Interest
any advantage or privilege enjoyed by
others receiving the Services provided The Contractor shall not,during the Term,pursue a course
pursuant to the Contract;or of conduct which would cause a reasonable person to
treat an individual differently from believe that he or she is likely to be engaged in acts that
others in determining whether or not create a substantial conflict between its obligations under
the individual satisfies any eligibility or the Contract and its private interests. The Contractor is
other requirements or conditions which charged with the duty to disclose to the County the
individuals must meet in order to existence of any such adverse interests,whether existing or
receive the Services provided pursuant potential. This duty shall continue as long as the Term.
to the Contract. The determination as to whether or when a conflict may
potentially exist shall ultimately be made by the County
b. The Contractor shall not utilize criteria or Attorney after full disclosure is obtained.
methods of administration which have the effect
of subjecting individuals to discrimination 14. Cooperation on Claims
because of their race,creed,color,national
origin,sex,age,disability,sexual orientation, The Contractor and the County shall render diligently to
military status,or marital status,or have the each other,without compensation,any and all cooperation
effect of substantially impairing the Contract with that may be required to defend the other party,its
respect to individuals of a particular race,creed, employees and designated representatives,against any
color,national origin,sex,age,disability,sexual claim,demand or action that may be brought against the
orientation,military status,or marital status,in other party,its employees or designated representatives
determining: arising out of,or in connection with,the Contract.
L) the Services to be provided;or 15. Confidentiality
ff.) the class of individuals to whom,or the Any document of the County,or any document created by
situations in which,the Services will be the Contractor and used in rendering the Services,shall
provided;or remain the property of the County and shall be kept
confidential in accordance with applicable laws,rules,and
iii.) the class of individuals to be afforded regulations.
an opportunity to receive the Services.
16. Assignment and Subcontracting
10. Nonsectarian Declaration
a. The Contractor shall not delegate its duties under
The Services performed under the Contract are secular in the Contract,or assign,transfer,convey,
nature. No funds received pursuant to the Contract shall be subcontract,sublet,or otherwise dispose of the
used for sectarian purposes or to further the advancement Contract,or any of its right,title or interest
of any religion. The Services will be available to all therein,or its power to execute the Contract,or
eligible individuals regardless of religious belief or assign all or any portion of the monies that may
affiliation. be due or become due hereunder,(collectively
referred to in this paragraph 16 as"Assignment"),
11. Governing Law to any other person,entity or thing without the
prior written consent of the County,and any
The Contract shall be governed by,and construed in attempt to do any of the foregoing without such
accordance with,the laws of the State of New York, consent shall be void ab initio.
without regard to conflict of laws.Venue shall be
designated in the Supreme Court,Suffolk County,the b. Such Assignment shall be subject to all of the
United States District Court for the Eastern District of New provisions of the Contract and to any other
York,or,if appropriate,a court of inferior jurisdiction in condition the County requires. No approval of
Suffolk County. any Assignment shall be construed as enlarging
any obligation of the County under the term and
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provisions of the Contract. No Assignment of the ii.) a summary of the material terms of the
Contract or assumption by any person of any duty proposed Permitted Transfer;
of the Contractor under the Contract shall
provide for,or otherwise be construed as, iii.) the name and address of the proposed
releasing the Contractor from any term or transferee;
provision of the Contract.
iv.) such information reasonably required
17. Changes to Contractor by the County,which will enable the
County to determine the financial
a. The Contractor may,from time to time,only with responsibility,character,and reputation
the County's written consent,enter into a of the proposed transferee,nature of the
Permitted Transfer. For purposes of the proposed assignee/transferee's business
Contract,a Permitted Transfer means: and experience;
L) if the Contractor is a partnership,the v.) all executed forms required pursuant to
withdrawal or change,whether Article IV of the Contract,that are
voluntary,involuntary or by operation required to be submitted by the
of law,of the partners,or transfer of Contractor;and
partnership interests(other than the
purchase of partnership interests by vl.) such other information as the County
existing partners,by the partnership may reasonably require.
itself or the immediate family members
by reason of gift,sale or devise),or the d. The County agrees that any request for its
dissolution of the partnership without consent to a Permitted Transfer shall be granted,
immediate reconstitution thereof,and provided that the transfer does not violate any
provision of the Contract,and the transferee has
ii.) if the Contractor is a closely held not been convicted of a criminal offense as
corporation(i.e.whose stock is not described under Article II of Chapter 189 of the
publicly held and not traded through an Suffolk County Code. The County shall grant or
exchange or over the counter): deny its consent to any request of a Permitted
Transfer within twenty(20)days after delivery to
1. the dissolution,merger, the County of the Transfer Notice,in accordance
consolidation or other with the provisions of Paragraph 26 of Article III
reorganization of the of the Contract. If the County shall not give
Contractor;and written notice to the Contractor denying its
consent to such Permitted Transfer(and setting
2. the sale or other transfer of forth the basis for such denial in reasonable
twenty percent(20%)or detail)within such twenty(20)-day period,then
more of the shares of the the County shall be deemed to have granted its
Contractor(other than to consent to such Permitted Transfer.
existing shareholders,the
corporation itself or the e. Notwithstanding the County's consent,
immediate family members of
shareholders by reason of i.) the terms and conditions of the
gift,sale or devise). Contract shall in no way be deemed to
have been waived or modified;and
b. If the Contractor is a not-for-profit corporation,a
change of twenty percent(20%)or more of its ff.) such consent shall not be deemed
shares or members shall be deemed a Permitted consent to any further transfers.
Transfer.
18. No Intended Third Party Beneficiaries
C. The Contractor shall notify the County in writing,
which notice(the"Transfer Notice")shall The Contract is entered into solely for the benefit of the
include: County and the Contractor. No third party shall be deemed
a beneficiary of the Contract and no third party shall have
i.) the proposed effective date of the the right to make any claim or assert any right under the
Permitted Transfer,which shall not be Contract.
less than thirty(30)days nor more than
one hundred eighty(180)days after the 19. Cerdflcation as to Relationships
date of delivery of the Transfer Notice;
The Contractor certifies under penalties of perjury that,
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other than through the funds provided in the Contract and b. Patents
other valid agreements with the County,there is no known
spouse,life partner,business,commercial,economic,or If the Contractor develops,invents,designs or creates any
financial relationship with the County or its elected idea,concept,code,processes or other work or materials
officials. The Contractor also certifies that there is no during the Term,or as a result of any Services performed
relationship within the third degree of consanguinity, under the Contract("patent eligible subject matter"),it
between the Contractor,any of its partners,members, shall be the sole property of the County. The Contractor
directors,or shareholders owning five(5%)percent or hereby assigns to the County its entire right,title and
more of the Contractor,and the County. interest,if any,to all patent eligible subject matter,and
agrees to do all acts and execute all documents,and to use
20. Publications its best efforts to ensure that its employees,consultants,
subcontractors,vendors and agents do all acts and execute
Any book,article,report,or other publication related to the any documents,necessary to vest ownership in the County
Services provided pursuant to this Contract shall contain of any and all patent eligible subject matter. The
the following statement in clear and legible print: Contractor may not apply for or secure for itself patent
protection. The County reserves to itself,and the
"'This publication is fully or partially funded Contractor hereby gives to the County,and to any other
by the County of Suffolk." person designated by the County,consent to produce or
otherwise use any item so discovered and/or the right to
21. Copyrights and Patents secure a patent for the discovery or invention. This
paragraph shall survive any completion,expiration or
a. Copyrights termination of this Contract.
Any and all materials generated by or on behalf of the 22. Arrears to County
Contractor while performing the Services(including,
without limitation,designs,images,video,reports, Contractor warrants that,except as may otherwise be
analyses,manuals,films,tests,tutorials,and any other authorized by agreement,it is not in arrears to the County
work product of any kind)and all intellectual property upon any debt,contract,or any other lawful obligation,and
rights relating thereto("Work Product")are and shall be is not in default to the County as surety.
the sole property of the County. The Contractor hereby
assigns to the County its entire right,title and interest,if 23. Lawful Hiring of Employees Law in Connection with
any,to all Work Product,and agrees to do all acts and Contracts for Construction or Future Construction
execute all documents,and to use its best efforts to ensure
that its employees,consultants,subcontractors,vendors and In the event that the Contract is subject to the Lawful
agents do all acts and execute any documents,necessary to Hiring of Employees Law of the County of Suffolk,Suffolk
vest ownership in the County of any and all Work Product County Code Article II of Chapter 353,as more fully set
The Contractor may not secure copyright protection. The forth in the Article entitled"Suffolk County Legislative
County reserves to itself,and the Contractor hereby gives Requirements,"the Contractor shall maintain the
to the County,and to any other person designated by the documentation mandated to be kept by this law on the
County,consent to produce,reproduce,publish,translate, construction site at all times. Employee sign-in sheets and
display or otherwise use the Work Product. This paragraph register/log books shall be kept on the construction site at
shall survive any completion,expiration or termination of all times and all covered employees,as defined in the law,
this Contract. shall be required to sign such sign-in sheets/register/log
books to indicate their presence on the construction site
The County shall be deemed to be the author of all the during such working hours.
Work Product The Contractor acknowledges that all Work
Product shall constitute"work made for hire"under the 24. Certification Regarding Lobbying
U.S.copyright laws. To the extent that any Work Product
does not constitute a"work made for hire,"the Contractor Together with this Contract and as a condition precedent to
hereby assigns to the County all right,title and interest, its execution by the County,the Contractor shall have
including the right,title and interest to reproduce,edit, executed and delivered to the County the Certification
adapt,modify or otherwise use the Work Product,that the Regarding Lobbying(if payment under this Contract may
Contractor may have or may hereafter acquire in the Work exceed$100,000)as required by Federal regulations,and
Product,including all intellectual property rights therein,in shall promptly advise the County of any material change in
any manner or medium throughout the world in perpetuity any of the information reported on such Certification,and
without compensation. This includes,but is not limited to, shall otherwise comply with,and shall assist the County in
the right to reproduce and distribute the Work Product in complying with,said regulations as now in effect or as
electronic or optical media,or in CD-ROM,on-line or amended during the term of this Contract.
similar format.
25. Record Retention
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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(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
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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
familiar with,and comply with the requirements of Article I
1. Contractor s/Vendor s Public Disclosure Statement 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 31 st 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 Services are performed on County property,the
occurred,to damages,in addition to all other legal Contractor must adopt a reasonable access agreement,a
remedies,of fifteen percent(15%)of the amount of the neutrality agreement,fair communication agreement,non-
Contract. intimidation agreement,and a majority authorization card
agreement.
Required Form:
Suffolk County Form SCEX 22;entitled If the Services are for the provision of human services and
"Contractor's/Vendor'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
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-LO 1;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. Lawful Hiring of Employees Law
Suffolk County Living Wage Law of the County of Suffolk.
Under the provisions of the Living Wage Law,the County It shall be the duty of the Contractor to read,become
shall have the authority,under appropriate circumstances, familiar with,and comply with the requirements of Article
to terminate the Contract and to seek other remedies as set H of Chapter 353 of the Suffolk County Code.
forth therein,for violations of this Law.
This Contract is subject to the Lawful Hiring of Employees
Required Forms: Law of the County of Suffolk.It provides that all covered
employers,(as defined),and the owners thereof,as the case
Suffolk County Living Wage Form LW-1;entitled"Suffolk may be,that are recipients of compensation from the
County Department of Labor—Living Wage Unit Notice of County through any grunt,loan,subsidy,funding,
Application for County Compensation(Contract)." appropriation,payment,tax incentive,contract,
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subcontract,license agreement,lease or other financial sheets/register/log books to indicate their presence on the
compensation agreement issued by the County or an site during such working hours.
awarding agency,where such compensation is one hundred
percent(100%)funded by the County,shall submit a Required Forms:
completed sworn affidavit(under penalty of perjury),the
form of which is attached,certifying that they have Suffolk County Lawful Hiring of Employees Law Form
complied,in good faith,with the requirements of Title 8 of LHE-1;entitled"Suffolk County Department of Labor—
the United States Code Section 1324a with respect to the Notice Of Application To Certify Compliance With Federal
hiring of covered employees(as defined)and with respect Law(8 U.S.C.Section 1324a)With Respect To Lawful
to the alien and nationality status of the owners thereof. Hiring of Employees."
The affidavit shall be executed by an authorized
representative of the covered employer or owner,as the Suffolk County Lawful Hiring of Employees Law Form
case may be;shall be part of any executed contract, LHE-2;entitled"Affidavit Of Compliance With The
subcontract,license agreement,lease or other financial Requirements Of 8 U.S.C.Section 1324a With Respect To
compensation agreement with the County;and shall be Lawful Hiring Of Employees"
made available to the public upon request.
All contractors and subcontractors(as defined)of covered 5. Gratuities
employers,and the owners thereof,as the case may be,that It shall be the duty of the Contractor to read,become
are assigned to perform work in connection with a County familiar with,and comply with the requirements of Chapter
contract,subcontract,license agreement,lease or other 664 of the Suffolk County Code.
financial compensation agreement issued by the County or
awarding agency,where such compensation is one hundred The Contractor represents and wan-ants that it has not
percent(100%)funded by the County,shall submit to the offered or given any gratuity to any official,employee or
covered employer a completed sworn affidavit(under agent of the County or the State or of any political party,
penalty of perjury),the form of which is attached, with the purpose or intent of securing an agreement or
certifying that they have complied,in good faith,with the securing favorable treatment with respect to the awarding
requirements of Title 8 of the United States Code Section or amending of an agreement or the making of any
1324a with respect to the hiring of covered employees and determinations with respect to the performance of an
with respect to the alien and nationality status of the agreement.
owners thereof,as the case may be. The affidavit shall be
executed by an authorized representative of the contractor, 6. Prohibition Against Contracting with Corporations
subcontractor,or owner,as the case may be;shall be part of that Reincorporate Overseas
any executed contract,subcontract,license agreement,lease
or other financial compensation agreement between the It shall be the duty of the Contractor to read,become
covered employer and the County;and shall be made familiar with,and comply with the requirements of sections
available to the public upon request. A4-13 and A4-14 of Article IV of the Suffolk County
An updated affidavit shall be submitted by each such Code.
employer,owner,contractor and subcontractor no later The Contractor represents that it is in compliance with
than January 1 of each year for the duration of any contract sections A4-13 and A4-14 of Article IV of the Suffolk
and upon the renewal or amendment of the Contract,and County Code. Such law provides that no contract for
whenever a new contractor or subcontractor is hired under consulting services or goods and services shall be awarded
the terms of the Contract. by the County to a business previously incorporated within
the U.S.A.that has reincorporated outside the U.S.A.
The Contractor acknowledges that such filings are a
material,contractual and statutory duty and that the failure7. Child Sexual Abuse Reporting Policy
to file any such statement shall constitute a material breach
of the Contract. It shall be the duty of the Contractor to read,become
Under the provisions of the Lawful Hiring of Employees familiar with,and comply with the requirements of Article
Law,the County shall have the authority to terminate the H of Chapter 880 of the Suffolk County Code.
Contract for violations of this Law and to seek other
remedies available under the law. The Contractor shall comply with Article 11 of Chapter 880,
of the Suffolk County Code,entitled"Child Sexual Abuse
The documentation mandated to be kept by this law shall at Reporting Policy,"as now in effect or amended hereafter or
all times be kept on site. Employee sign-in sheets and of any other Suffolk County Local Law that may become
register/log books shall be kept on site at all times during applicable during the term of the Contract with regard to
working hours and all covered employees,as defined in the child sexual abuse reporting policy.
law,shall be required to sign such sign-in
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8. Non Responsible Bidder appropriate in the circumstances.
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
of guilty after a trial or a plea of guilty to an offense All contract agencies that provide services to minors are
under se189-5 of the Suffolk County Code required to protect the privacy of the minors and are strictly
coveredsection
under u nre tion 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 fomrn.
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
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Article V County Department of Audit and Control,shall
General Fiscal Terms and Conditions be furnished to the County pursuant to,and as
limited by,the Regulations for Accounting
1. General Payment Terms Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
a. Presentation of Suffolk County Payment addition to any other remedies that the County
Voucher may have,failure to supply the required
documentation will disqualify the Contractor
In order for payment to be made by the County to from any further County contracts.
the Contractor for the Services,the Contractor
shall prepare and present a Suffolk County C. Payment by County
Payment Voucher,which shall be documented by
sufficient,competent and evidential matter. Each Payment by the County shall made within
Suffolk County Payment Voucher submitted for thirty(30)days after approval o of the Suffolk
payment is subject to Audit at any time during County Payment Voucher by the Comptroller.
the Term or any extension thereof. This
provision shall survive expiration or termination d. Budget Modification
of this Contract for a period of not less than
seven(7)years,and access to records shall be as i.) The parties shall use the Contract
set forth in paragraph 25 of Article III,and Budget Modification Request form
paragraph 4(b)of Article V. ("Budget Modification")for revisions
to the Budget and Services not
b. Voucher Documentation involving an increase to the total cost
of the Contract.If the Contractor is
The Suffolk County Payment Voucher shall list seeking such a modification,the
all information regarding the Services and other Contractor shall contact the
items for which expenditures have been or will be Department to receive the form and
made in accordance with the Contract. Either enter the required information. When
upon execution of the Contract(for the Services the County and the Contractor agree as
already rendered and expenditures already made), to such revisions,the Contractor shall
or not more than thirty(30)days after the sign the Budget Modification form and
expenditures were made,and in no event after the return it to the County for execution
31'day of January following the end of each year along with any other documentation the
of the Contract,the Contractor shall furnish the Department may require.
County with detailed documentation in support
of the payment for the Services or expenditures ff.) Such request must be made in advance
under the Contract e.g.dates of the Service, of incurring any expenditure for which
worksite locations,activities,hours worked,pay the revision is needed.
rates and all program Budget categories. The
Suffolk County Payment Voucher shall include iii.) Upon complete execution of the Budget
time records,certified by the Contractor as true Modification form,the County shall
and accurate,of all personnel for whom return a copy to the Contractor. The
expenditures are claimed during the period. revision shall not be effective until the
Time and attendance records of a project director, Budget Modification is completely
if any,shall be certified by the Chairperson, executed.
President or other designated member of the
Board of Directors of the Contractor. All Suffolk iv.) The Budget Modification form may
County Payment Vouchers must bear a signature submitted only twice per calendar year
as that term is defined pursuant to New York and may only be submitted prior to
State General Construction Law§46 by duly November 15t&of that year.
authorized persons,and certification of such
authorization with certified specimen signatures e. Budget and/or Services Revisions
thereon must be filed with the County by a
Contractor official empowered to sign the i.) The parties shall use the Contract
Contract. Disbursements made by the Contractor FormBudg(Budget
/ Revision Approval
in accordance with the Contract and submitted Form(Budget/Services Revisions)for
for reimbursement must be documented and must revisions to the Budget and Services
h
comply with accounting procedures as set forth involving any change the total cost
a
by the Suffolk County Department of Audit and tthe Contract due to a resolution of
Control. Documentation,including any other the Legislature,changes to the
form(s)required by County or the Suffolk County's adopted annual budget or for
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ARTICLE V
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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 Temp,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.
Hi.) Upon complete execution of the form 3. Personnel Salaries,Pension and Employee Benefit
by the parties,the County shall return a Plans,Rules and Procedures
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 fi,) personnel rules and procedures;
Contract are exclusive of federal,state,and local
taxes,the County being a municipality exempt Hi,) pension plan and any other employee
from payment of such taxes. benefit plans 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
4. Accounting Procedures
a The Contract is subject 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 Services, may be promulgated by the Suffolk County
or to reimburse the County,in whole or in part, Department of Audit and 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
i.) determine how to pay for the Services; Department and the Suffolk County Comptroller,
or their representatives,as often as,in their
ii.) determine future payments to the judgment,such inspection is deemed necessary.
Contractor;and Such right of inspection and audit as set forth in
subparagraph b.below shall exist during the
iii.) determine what amounts,if any,are Term and for a period of seven(7)years after
reimbursable to the County by the expiration or termination of the Contract.
Contractor and the terms and
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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
during the Term. i.) a current license issued by
the New York State
5. Audit of Financial Statements Education Department;
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 than
transcribe any pertinent transactions or other
records relating to services under the Contract. If three(3)years prior to the
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 clearly
amount of such overpayment by check to the differentiate between County-funded programs
order of the Suffolk County Treasurer or shall and other programs that the Contractor may be
submit a proposed plan of repayment 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 dollars 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 III, from Federal awarding agencies,or as a
and paragraph 4(b)of Article V. subrecipient expending Federal awards received
from a pass-through entity,such as New York
6. Financial Statements and Audit Requirements State or Suffolk County,during any fiscal year
within which it receives funding 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-133
services of an independent licensed public (revised June 27,2003). Single Audit Reports
accountant or certified public accountant(the must also be submitted to the designated
"Auditor")to audit its financial statements for clearinghouse,cognizant agency and/or pass-
each Contractor's"fiscal year"in which the through entity,to the extent required by the OMB
Contractor has received,or will receive,three Circular referred to above.
hundred thousand($300,000.00)dollars or more e. The Contractor must submit to the County a
from the County,whether under the Contract or statement in writing,certified by its chief
22 of 30 pages
ARTICLE V
Rev.8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
financial officer,which states the amount of b. Purchase Practices/Propnetary 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
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
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
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, 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 terms
State and County government for that purpose. 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
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 C. 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 furniture,fixtures,or equipment valued 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 County 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 filing 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 price or cost,and furniture,removable fixtures,equipment,
estimated total cost of the proposed order. materials,and supplies and the 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 of furniture, of the Contractor.
fixtures 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 furniture,removable fixtures and equipment
23 of 30 pages
ARTICLE V
Rev.8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
acquired pursuant to the Contract and all prior connected with such property shall be in
agreements between the parties,if any. Three(3) accordance with the rules and regulations of the
months before the expiration date of the Contract, County and the State of New York.
the Contractor shall make a physical count of all
items of furniture,removable fixtures and g. Lease or Rental Agreements
equipment in its custody,checking each item
against the aforesaid inventory records. A report If lease payments or rental costs are included in the Budget
setting forth the results of such physical count as an item of expense reimbursable by the County,the
shall be prepared by the Contractor on a form or Contractor shall promptly submit to the County,upon
forms designated by the County,certified and request,any lease or rental agreement. If during the Term,
signed by an authorized official of the the Contractor shall enter into a lease or rental agreement,
Contractor,and one(1)copy thereof shall be or shall renew a lease or rental agreement,the Contractor
delivered to the County within five(5)days after shall,prior to the execution thereof,submit such lease or
the date set for the aforesaid physical count. rental agreement,to the County for approval.
Within five(5)days after the termination or
expiration date of the Contract,the Contractor 9. Statement of Other Contracts
shall submit to the County six(6)copies of the
same report updated to such date of the Contract, Prior to the execution of the Contract,the Contractor shall
certified and signed by an authorized official of submit a Statement of Other Contracts to the County. If the
the Contractor,based on a physical count of all
items of furniture,removable fixtures and Contract is amended during the Term,or if the County
equipment on the aforesaid expiration date,and exercises its option right,the Contractor shall submit a then
revised,if necessary,to include any inventory current Statement of Other Contracts.
changes during the last three(3)months of the
Term. 10. Miscellaneous Fiscal Terms and Conditions
e. Protection of Property in Contractor's a. Limit of County's Obligations
Custody
The maximum amount to be paid by the County
The Contractor shall maintain vigilance and take is set forth on the first page of the Contract.
all reasonable precautions to protect the furniture,
fixtures,equipment,material or supplies in its b. Duplicate Payment from Other Sources
custody against damage or loss by fire,burglary,
theft,disappearance,vandalism,or misuse.In the Payment by the County for the Services shall not
event of burglary,theft,vandalism,or duplicate payment received by the Contractor
disappearance of any item of furniture,fixtures, from any other source.
equipment,material or supplies,the Contractor
shall immediately notify the police and make a C. Funding Identification
record thereof,including a record of the results of
any investigation which may be made thereon. In The Contractor shall promptly submit to the
the event of loss of or damage to any item of County upon request,a schedule for all programs
furniture,fixtures,equipment,materials,or funded by the County,itemizing for each such
supplies from any cause,the Contractor shall program the sums received,their source and the
immediately send the County a detailed written total program budget.
report thereon.
d. Outside Funding for Non-County Funded
f. Disposition of Property in Contractor's Activities
Custody
Notwithstanding the foregoing provisions of the
Upon termination of the County's funding of any Contract,it is the intent of the County that the
of the Services covered by the Contract,or at any terms and conditions of the Contract shall not
other time that the County may direct,the limit the Contractor from applying for and
Contractor shall make access available and render accepting outside grant awards or from providing
all necessary assistance for physical removal by additional educational activities/services which
the County or its designee of any or all furniture, may result in the Contractor incurring additional
removable fixtures,equipment,materials or costs,as long as the following conditions are met:
supplies in the Contractor's custody in which the
County has a proprietary interest,in the same i.) The County is not the Fund Source for
condition as such property was received by the the additional services;
Contractor,reasonable wear and tear excepted. ii.) Sufficient funding is available for or
Any disposition,settlements or adjustments can be generated by the Contractor to
24 of 30 pages
ARTICLE V
Rev.8-12-14;Law No. 15-DWI-005
Line ItenVOn nibus Grant
cover the cost incurred by the expenditures made during the Term because of
Contractor to provide these additional any act,omission or negligence on the part of the
services;and Contractor,then the County may deduct and
iii.) If sufficient funding is not available or withhold from any payment due to the Contractor
an amount equal to the reimbursement denied by
cannot be generated,the County shall the state or federal government agency,and the
not be held liable for any the County's obligation to the Contractor shall be
additional costs incurred byy the reduced by any such amounts. In such an event,
Contractor in famishing such if there should be a balance due to the County
additional services. after it has made a final payment to the
iv.) Prior to scheduling any such additional Contractor under the Contract,on demand by the
services on County-owned property, County,the Contractor shall reimburse the
the Contractor shall obtain written County for the amount of the balance due the
County approval. The Contractor shall, County,payable to the Suffolk County Treasurer.
to the County's satisfaction,submit any The provisions of this subparagraph shall survive
documentation requested by the the expiration or termination of the Contract.
Department reflecting the change,and
identify the additional services to be b. Budget
provided and the source of funding that
shall be utilized to cover the The Contractor expressly represents and agrees
expenditures incurred by the Contractor that the Budget lists all revenue,expenditures,
in undertaking the additional services. 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
reasonable steps to secure all potential funding Upon receipt of a Suffolk County Payment
from grants and contracts with other agencies for Voucher,the County,at its discretion,may pay
programs funded by the County. the Contractor during the Term,in advance,an
amount not to exceed one sixth(1/6)of the
L Payments Contingent upon StatelFederal maximum amount to be paid by the County set
Funding forth on the first page of the Contract.
Payments under the Contract may be subject to ]• Payments Limited to Actual Net Expenditures
and contingent upon continued funding by State
and/or Federal agencies. In the event payments The Contractor agrees that if,for any reason
are subject to such funding no payment shall be whatsoever,the Contractor shall spend during the
made until the Contractor submits documentation Term for the purposes set forth in the Contract an
in the manner and form as shall be required by amount less than,or receive amounts more than,
State and/or Federal agency. If late submission provided in the Budget,the total cost of the
of claims precludes the County from claiming Contract shall be reduced to the net amount of
State or Federal reimbursement,such late claims actual Contractor expenditures made for such
by the Contractor shall not be paid by the County purposes. The total amount to be paid by the
subject to subparagraph g.below,if,for any County shall not exceed the lesser of(i)actual
reason,the full amount of such funding is not net expenditures or(ii)the total cost of the
made available to the County,the Contract may Contract on the cover page and in the Budget.
be terminated in whole or in part,or the amount Upon termination or expiration of the Contract,if
payable to the Contractor may be reduced at the the Contractor's total amount of allowable
discretion of the County,provided that any such expenses is less than the total amount of the
termination or reduction shall not apply to payments made during the Term,the Contractor
allowable costs incurred by the Contractor prior shall prepare a check payable to the Suffolk
to such termination or reduction,and provided County Treasurer for the difference between the
that money has been appropriated for payment of two amounts and submit such payment to the
such costs. County,along with the final Suffolk County
Payment Voucher.
g. Denial of Aid
k Travel,Conference,and Meeting Attendance:
If a State or Federal government agency is SOP A-07 Amendment 1
funding the Contract and fails to approve aid in
reimbursement to the County for payments made Reimbursement to the Contractor for travel costs
hereunder by the County to the Contractor for shall not exceed amounts allowed to County
25 of 30 pages
ARTICLE V
Rev.8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
employees.All conferences that are partially or End of Text for Article V
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."
1. 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.
HL 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,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."
26 of 30 pages
ARTICLE V
Rev. 8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
Article VI
Budget
The monies provided under this Contract must be used by the Contractor to aid the suppression of DWI. The
Contractor shall schedule and pay police officers employed by the Contractor to perform patrol duties on an
overtime basis, that are exclusively related to identifying and arresting motorists engaged in DWI. These patrols
should result in an increased number of arrests for DWI and a reduction of alcohol related crashes and fatalities
The hours of enforcement shall include times and days which have historically reflected high incidences of DWI and
crashes and fatalities caused by motorists engaged in DWI. Scheduling is limited to the dates listed.
HALLOWEEN—October 31, -November 2, 2014
THANKSGIVING —November 26 -November 30, 2014
HOLIDAY SEASON—December 12, 2014—January 1, 2015
SUPER BOWL—January 31 —February 2, 2015
ST. PATRICK'S DAY—March 13 -March 18, 2015
MEMORIAL DAY-May 22-May 26, 2015
FOURTH OF JULY: July 3 -July 6, 2015
LABOR DAY(NATIONAL): August 21 - September 7, 2015
The Contractor will receive funding in the amount of$26,672.00. The Contractor shall expend said funding
each year to cover the overtime earned by police officers employed by the Contractor while performing the
Services set forth above, as follows:
Overtime: $26,672.00
Fringe Benefits: $ 0.00
Total of Personnel Services: $26,672.00
Other Services 0.00
Total of All Services: $26,672.00
Any funding not so expended cannot be carried over and added to the amount of funding allocated for any
subsequent years
The Contractor will not be reimbursed for any costs not listed in the budget set forth above including but not
limited to those costs related to fringe benefits, administration, staff support and related operational equipment.
27 of 30 pages
ARTICLE VI
Rev.8-12-14; Law No. 15-DWI-005
Line Item/Omnibus Grant
EXHIBIT A
2014-2015 Grant Policies for High Visibility Road Checks/Saturation Patrols
Crackdowns Project:
1. These details must be cooperative,multi-agency efforts.
2. All activities/expenses must be reported to the county STOP-DWI Coordinator within 30 days of the
detail. (Forms will be provided)
3. You must do a press release or have a press conference about each detail for which you are funded.
To receive reimbursement for the checkpoinVsaturation patrols you must provide the following to the
Grant Administrator:
1. The STOP-DWI Coordinator must submit Enforcement Personnel Sheets (PS-1)for each department
which participated in the crackdown. The PS-1 sheets must be completed by the enforcement agency
and signed by a supervisor of the agency.
2. The STOP-DWI Coordinator must submit one expense total for each crackdown. Reimbursement under
the grant will be payable to the County STOP-DWI Program
3. Each police agency will complete a detail activity sheet for each crackdown. The STOP-DWI
Coordinator will then submit one summary sheet for the County to the GTSC.
Suffolk County STOP-DWI Enforcement Crackdowns
HALLOWEEN—October 31, -November 2,2014
THANKSGIVING —November 26-November 30,2014
HOLIDAY SEASON—December 12, 2014—January 1, 2015
SUPER BOWL—January 31 —February 2, 2015
ST. PATRICK'S DAY—March 13 -March 18, 2015
MEMORIAL DAY-May 22-May 26, 2015
FOURTH OF JULY: July 3 -July 6, 2015
LABOR DAY (NATIONAL): August 21 - September 7,2015
28 of 30 pages
ARTICLE VI
Rew
PS-1(02/14)
NYS GOVERNOR'S TRAFFIC SAFETY COMMITTEE ITEMIZED LISTING OF PERSONAL SERVICES
DWI York ENFORCEMENT HOURS FOR DWI CRACKDOWN ENFORCEMENT GRANT ONLY
FRINGE BENEFITS ARE NOT AN ALLOWABLE COST
Grant Type: PTS HS1 Z Contact Name:
Grant Number: I HS1-2015-NYS STOP-DWI Found-00169-(088) Phone Number:
Municipality/Organization Name: Email Address:
A B C D E F G H I
TITLE OFFICER NAME DATE COST SHIFT HOURS NUMBER HOURLY SHIFT TOTAL If hours
INCURRED (This column only needs OF RATE DIFF./ SALARY worked are
to be completed if HOURS RAISE AMOUNT OVERTIME
employee is listed twice *See°balOw (Column E x put an"x"
on the same day.
Example 4pm—8pm) for Column F) in this
expiauatis�n column
Total Salary
*Shift Differential/Raise—1f an Officer is listed more than once and has different hourly rates fisted,please put an"x"in columnG next to the rate that includes the shift
differential/ralse.
I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT AND THAT THE ABOVE EXPENDITURES ARE MADE IN ACCORDANCE WITH THE GRANT GUIDELINES AND ARE
DIRECTLY RELATED TO THE GOALS AND OBJECTIVES OF THE GRANT LISTED ABOVE.I ALSO CERTIFY THAT THE APPROPRIATE SALARY REGISTERS,TIME AND ATTENDANCE
RECORDS,AND IF APPLICABLE,TIME DISTRIBUTION SHEETS IN RELATION TO THE ABOVE MENTIONED GRANT ARE BEING KEPT AND ARE AVAILABLE FOR AN ON-SITE AUDIT AND/OR
REVIEW BY THE GOVERNORS TRAFFIC SAFETY COMMITTEE,THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND/OR BY THE OFFICE OF THE STATE COMPTROLLER.
Project Director's Signature Print Name Today's Date
This form must be submitted with a completed Claim for Payment form containing an original signature
****IF ADDITIONAL SHEETS ARE USED PLEASE MAKE SURE THAT EACH SHEET IS SIGNED AND DATED BY THE PROJECT DIRECTOR****
Crackdown Grant HS-2015 NYS STOP-DWI Found -00169-(088)
Type of Detail:
Date of Detail:
Start time: End Time:
Total Detail Hours:
Participating Agencies:
Check Point Location(s):
DRE Assigned:
Reporting Supervisor and
Agency: Summary Sheet: SUFFOLK County
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