HomeMy WebLinkAboutCommunity Development Block Grant Program (2) g1FFa, RESOLUTION 2014-822
ADOPTED DOC ID: 10161
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-822 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 7,2014:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and the
Suffolk County Office of Community Development, in connection with the 2014 Community
Development Block Grant Program in the amount of$74,310.00, fully funded by the Department
of Housing and Urban Development (HUD), subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:William P. Ruland, Councilman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
R ORIGINAL
rr '�-. --630
Law No. IFMS No.
Town of Southold/Community Development Block Grant
AGREEMENT
This Agreement,is between the County of Suffolk(the"County"),a municipal corporation of the State of New
York, acting through its duly constituted Office of Community Development, (the "Department"), located at 100
Veterans Memorial Highway, P.O.Box 6100,Hauppauge,N.Y. 11788, and the Town of Southold, (the"Contractor"),
a municipal corporation under the laws of the State of New York, located at 53095 Main Road, P.O. Box 1179,
Southold,NY 11971
The Contractor has heretofore expressed its desire to undertake or assist in undertaking essential community
development and housing assistance activities as set forth in the Housing and Community Development Act of 1974, as
amended (hereinafter referred to as "the Act"), as set forth in Article I entitled "Description of Services and Budget,"
attached..
The County has received and accepted a grant from the,,.b.S. Department of Housing and Urban Development
(hereinafter referred to as"HUD")for the purposes of the Act pursuant to Suffolk County Resolution No.
and the parties desire to undertake various eligible activities under the Act; and the parties heretofore have entered into a
cooperative Agreement for said purposes.
Term of Agreement: Shall be for the Program Year 2014 commencing April 1,2014 thru March 31,2016
and shall include two(2)one-year options to renew as provided in Paragraph 5 of Article
1,"Term,"unless sooner terminated as provided for herein.
Total Cost of Agreement: Shall not exceed$74,310,as further set forth in this Agreement.
Terms and Conditions: Shall be set forth in Articles I through VII and Exhibits 1 through 7 attached hereto and
made a part hereof.
In Witness Whereof,the parties hereto have executed this Contract as of the latest date written below
Town of Sout COUNTY SUFFOLK
By: By:
Sco .Russell Denni M.Cohen
Supervisor Chief eputy County Executive
Fed.Tax ID#11-100 19 9 07 / a�
Date: �� � I9� Date
Scott A. Russell, hereby certifies under penalties of perjury that I am an
Approved:
officer of the Town of Southold, that I have read and I am familiar with %
§A5-7 of Art' le V of the Suffolk County Code, and that the Town of Office of Community Development
Southold s all requir ents to ualify for ex mpt'on thereunder. BY 1T
Q Date O j l� Jill osea-Nikoloff
Sco A.Russell D r ctor of Real Estate
Approved as egali
Date:
Dennis M. own,Su Ik unt Atto y
By.
Samantha N.McEachin
Assistant County Attoi ey
Date:_ IQ
0029105
Page 1 of 55
'T
I-aw No. IFMS No.
Town of Southold/Community Development Block Grant
List of Articles
Article I
Description of Services
1. Conflicting Provisions
2. Additional Definitions
3. Project Descriptions
4. Budget
5. Term
Article II
Definitions
1. Meanings of Terms
2. Elements of Interpretation
Article III
General Terms and Conditions
1. Contractor Responsibilities
a. Duties and Obligations
b. Qualifications,Licenses,and Professional Standards
c. Notifications
d. Documentation of Professional Standards
e. Credentialing
f. Engineering Certificate
2. Termination
a.Thirty Days Termination
b. Event of Default: Termination on Notice
c. Termination Notice
d.Duties upon Termination
3. Indemnification and Defense
4. Insurance
5. Independent Contractor
6. Severability
7. Merger;No Oral Changes
8. Set-Off Rights
9. Non.-Discrimination in Services
10.Nonsectarian Declaration
11. Governing Law
12.No Waiver
13. Conflicts of Interest
14. Cooperation on Claims
15. Confidentiality
16.Assignment and Subcontracting
17. Changes to Contractor
18.No Intended Third-Party Beneficiaries
19. Certification as to Relationships
20. Publications
21. Copyrights and Patents
a. Copyrights
b. Patents
22. Arrears to County
23. Lawful Hiring of Employees Law in Connection with Contracts for
Construction or Future Construction
24.Notice
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q,aw No. IFMS No.
Town of Southold/Community Development Block Grant
25.Non-Discrimination in Services
26. Constitutional Prohibition
27.Obligations of Contractor With Respect to Certain Third-Party Relationships
Article IV
Suffolk County Legislative Requirements
1. Contractor'sNendor's Public Disclosure Statement
2. Living Wage Law
3. Use of County Resources to Interfere with Collective Bargaining Activities
4. Lawful Hiring of Employees Law
5. Gratuities
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas
7. Child Sexual Abuse Reporting Policy
8. Non Responsible Bidder
9. Use of Funds in Prosecution of Civil Actions Prohibited
10. Youth Sports
11. Work Experience Participation
12. Suffolk County Local Laws Website Address
Article V
General Fiscal Terms and Conditions
1. General Payment Terms
a. Presentation of Suffolk County Payment Voucher
b. Voucher Documentation
c. Payment by County
d. Budget Modification
e. Budget and/or Services Revisions
f. Taxes
g. Final Voucher
2. Subject to.Appropriation of Funds
3. Personnel Salaries,Pension and Employee Benefit Plans,Rules and Procedures
4. Accounting Procedures
5. Audit of Financial Statements
6. Financial Statements and Audit Requirements
7. Furniture,Fixtures,Equipment,Materials, Supplies
a. Purchases,Rentals or Leases Requiring Prior Approval
b. Purchase Practices/Proprietary Interest of County
c. County's Right to Take Title and Possession
d. Inventory Records, Controls and Reports
e. Protection of Property in Contractor's Custody
f. Disposition of Property in Contractor's Custody
8. Lease or Rental Agreements
9. Statement of Other Contracts
10. Miscellaneous Fiscal Terms and Conditions
a. Limit of County's Obligations
b. Duplicate Payment from Other Sources
c. Funding Identification
d. Outside Funding for Non-County Funded Activities
e. Potential Revenue
f. Payments Contingent upon State/Federal Funding
g. Denial of Aid
h. Budget
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,Law No. IFMS No.
Town of Southold/Community Development Block Grant
i. Payment of Claims
j. Payments.Limited to Actual Net Expenditures
k. Travel Costs
1. Attendance at Conferences
m. Salaries
n. Salary Increases
o. Contractor Vacancies
p. No Limitation on Rights
q. Comptroller's Rules and Regulations
Article VI:
Federal Requirements
1. Grant Administration
2. County-Contractor Relationship
3. National Objectives
4. Performance
5. Citizen Participation
6. Flood Disaster Protection
7. Equal Employment Opportunity and Affirmative Action
8. Compliance with Section 3 of the Housing and Urban Development Act
9. Minority Business and Women's Business Enterprise
10. Lead Based Paint Hazard
11. Fire Prevention and Control Act
12. Federal Labor Standards Provisions
13. Compliance with Air and Water Acts
14. Relocation Assistance and Acquisition of Real Property
15. Consolidated Plan
16. Displacement
17. Books and Records of Accounting
18. Program Income
19. Real Property
20. Reversion of Assets
21. Procurement of Equipment Services, Supplies and Materials
22. Use of Federal Funds for Lobbying
23. Political Activities
24. Funding Identification
25. Offset of Arrears or Default
26. Force Majeure
Article VII:
Environmental Requirements
Page 4 of 55
4Law No. IFMS No.
Town of Southold/Community Development Block Grant
Exhibits
Exhibit 1 Public Disclosure(Department to Indicate Exempt _or Non-Exempt
Exhibit 2 Union Certification (Department to Indicate Exempt or Non-Exempt_)
Exhibit 3 Lawful Hiring
Exhibit 4 Certification Regarding Lobbying
Exhibit 5 Suffolk County Payment Voucher
Exhibit 6 County of Suffolk Consultant's Expense Summary
Exhibit 7 County of Suffolk Consultant's Time Summary
Page 5 of 55
4
,Law No. IFMS No.
Town of Southold/Community Development Block Grant
Article I
Description of Services and Budget
WHEREAS, the County has applied to HUD for Community Development Block Grant ("CDBG")
funds from the United States Government under Title I of the Housing and Community Development Act of
1974, as amended, Public Law 93-383; and
WHEREAS, HUD has approved the County's application for CDBG funds; and
WHEREAS, as part of its submission to HUD, the Department included the Contractor's proposal to
utilize CDBG funds for the projects contemplated by this Agreement; and
WHEREAS, pursuant to Suffolk County Resolution cited on page one, the Suffolk County Legislature
approved the allocation of a portion of the County's CDBG funds to the Contractor.
NOW THEREFORE,the parties hereto agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Definitions
a. Action Plan-the one-year portion of the Consolidated Plan.
b. Community Development Block Grant Program or CDBG Program - federal program created under
the Housing and Community Development Act of 1974 and administered by HUD. The CDBG
Program provides grant funds to local and state governments to be used to develop viable urban
communities by providing decent housing with a suitable living environment and expanding
economic opportunities to assist low- and moderate-income.
c. Community Development Agency- an agency responsible for administering and distributing
community development funds received annually from HUD, as well as funds from local and state
government and other sources. The Department serves as a Community Development Agency for
the purposes of administering and distributing CDBG funds pursuant to this Agreement.
d. Consortium - geographically contiguous units of general local government consolidated to be in a
single unit of general local government for certain HUD program purposes when certain HUD
requirements are met.
e. Consolidated Plan-the document prepared by the Department and submitted to HUD describing the
housing needs of the low- and moderate-income residents, outlining strategies to meet the needs and
listing all resources available to implement the strategies.
f. Suffolk County Consortium — a consortium comprised of seven Suffolk County towns and ten
Suffolk County villages, including the Towns of Brookhaven, East Hampton, Riverhead, Shelter
Page 6 of 55
JLaw No. IFMS No.
Town of Southold/Community Development Block Grant
Island, Smithtown, Southampton, and Southold and the Villages of Bellport, Lake Grove, Patchogue,
Port Jefferson, The Branch, Sag Harbor, Shoreham, Southampton, Westhampton Beach, and
Westhampton Dunes.
g. Suffolk County Cooperation Agreement - the legally binding cooperation agreement executed by all
members of the Suffolk County consortium, which contains all of the requirements as set forth in
law,regulations, and HUD memorandums for retaining designation as a Consortium.
Pursuant to this Agreement,the Contractor shall utilize CDBG funds for the projects listed below.
a. Home Improvement Program—Project No. 100301-14A-14- Grants and deferred loans to low and
moderate income homeowners for home improvements to address health and safety issues.
b. Habitat for Humanity— Project No. 100303-14-14 - Rehabilitation of blighted property to be
converted to affordable c�mep +�� g a for Iw/moderate income family.
4 �. u
c. Katherine Sanger Apartment Conversion- Fishers Island— Project No. 100304-1413-14
Rehabilitation of blighted property to be converted to 3 affordable jental h� units for
low/moderate income families.
d. Peconic Lane Community Center Connectivity— Project No. 100102-03E-14— Connectivity of
Peconic Lane Community Center and Recreation Center with expansion and improvement of
parking between sites. Development of sidewalks to connect both sites. Painting of exterior of
Peconic Lane Community Center.
e. Maureen's Haven-Southold- Project No. 105801-05-14—Peconic Community Council's Maureen's
Haven program works with local churches to provide emergency sheltering and food to area
residents experiencing homelessness.
L Community Action Southold Town (CAST)- Project No. 105701-05-14- Provide emergency food,
school supplies, furniture and clothing for low-income families as well as a pre-school parent/child
literacy initiative.
g. Administration—Project No. 109901-21A-14—Administration of the CDBG projects as set forth in
this Agreement.
Page 7 of 55
,.Law No. IFMS No.
Town of Southold/Community Development Block Grant
' "Bud et
The total cost of this Agreement shall not exceed $74,31o. The individual CDBG projects contemplated
by this Agreement are not to exceed the budgeted amounts set forth below.
PROJECT BUDGET
NUMBER 2014 CDBG PROJECT DESCRIPTION
SOUTHOLD
100301-14A-14 Home Improvement Program $7,763
100303-14-14 Habitat for Humanity $10,000
100304-1413-14 Katherine Sanger Apartment Conversion- Fishers Island $10,000
100102-03E-14 Peconic Lane Community Center Connectivity $23,547
105801-05-14 Maureen's Haven-Southold $5,000
105701-05-14 Community Action Southold Town (CAST) $10,000
109901-21A-14 ADMINISTRATION $8,000
Total Budget 74,310.00
5. Term
Shall be as set forth on page 1 of this Agreement. The County shall have two (2) one-year options to renew
this Agreement as follows:
a. First Option to Renew
Unless sooner terminated pursuant to the provisions herein, the first option to renew this Agreement
for a one (1) year period shall automatically take effect on �r�11?2O"16',unless the County notifies
the Contractor, in writing, by Sed ember 2,_'Q 116k. that the County is not exercising its option to
renew. The County is under no obligation to renew this Agreement and may choose not to renew if,
among other things, the Contractor is not in compliance with HUD rules, regulations and
memorandum, including, but not limited to, the timely expenditure requirements set forth in Article
VI, Paragraph 4 of this Agreement, entitled "Performance."
b. Second Option to Renew
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Law No. IFMS No.
Town of Southold/Community Development Block Grant
Unless sooner terminated pursuant to the provisions herein, the second option to renew this
Agreement for a one (1) year period shall automatically take effect on iirit,,12017 unless the
County notifies the Contractor, in writing, bymbe ?1� that the County is not exercising
.Tawits option to renew. The County is under no obligation to renew this Agreement and may choose not
to renew if, among other things, the Contractor is not in compliance with HUD rules regulations and
memorandum, including, but not limited to, the timely expenditure requirements set forth in Article
VI, Paragraph 4 of this Agreement, entitled"Performance.
c. Unexpended CDBG Funds
If the County chooses not to exercise its option(s)to renew this Agreement, the Contractor shall not
be entitled to the balance of any unexpended CDBG funds remaining as of the date the County
notifies the Contractor of its determination not to exercise its option. Instead,the Department shall
distribute such funds in its sole discretion, consistent with CDBG Program laws and regulations and
state and local laws and regulations.
End of Article I
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Law No. IFMS No.
Town of Southold/Community Development Block Grant
Article II
Definitions "Event of Default"means
1. Meanings of Terms a. the Contractor's failure to perform any
duty required of it under paragraphs
As used herein: 1(b)-(e)of Article III of the Contract;
or
"Audit of Financial Statements"means the
examination by the Comptroller and any Federal or b. the Contractor's failure to maintain the
State auditing authority of the financial statements of amount and types of insurance with an
the Contractor resulting in the publication of an authorized insurer as required by the
independent opinion on whether or not those financial Contract; or
statements are relevant,accurate, complete,and fairly
presented. C. the Contractor's failure to maintain
insurance required by the Contract with
"Budget"means the Contractor's summary or plan of all an insurer that has designated the New
intended revenue,whether received in the form of fees, York Superintendent of Insurance as its
grants,County funding, or any other source,and lawful agent for service of process; or
expenditures necessary to render the Services.
d. the Contractor's failure to comply with
"Budget Deficiency Plan"means an analysis of the cost any Federal, State or local law,rule, or
of the Services, changes in fiscal conditions, and regulation,and County policies or
required modifications to the Contract to continue to directives; or
render the Services.
e. the Contractor's bankruptcy or
"Comptroller"means the Comptroller of the County of insolvency; or
Suffolk.
f. the Contractor's failure to cooperate in
"Contract"means all terms and conditions of this an Audit of Financial Statements; or
Contract,forming all rights and obligations of the
Contractor and the County. g. the Contractor's falsification of records
or reports,misuse of funds, or
"Contractor"means the signatory corporation, its malfeasance or nonfeasance in financial
officers, officials, employees,agents, servants, sub- record keeping arising out of, or in
contractors, and any successor or assign of any one or connection with,any contract with the
more of the foregoing performing the Services. County; or
"County"means the County of Suffolk, its departments, h. the Contractor's failure to submit, or
and agencies. failure to timely submit, documentation
to obtain Federal or State funds; or
"County Attorney"means the County Attorney of the
County of Suffolk. i. the inability of the County or the
Contractor to obtain Federal or State
"Department"means the signatory department funds due to any act or omission of the
approving the Contract. Contractor; or
"Engineering Services"means the definition of the j. any condition that the County
practice of engineering and the definition of practice of determines, in its sole discretion, is
land surveying,as the case may be, under Section 7201 dangerous.
and Section 7203 of the State Education Law,
respectively. "Federal"means the United States government, its
departments, and agencies.
Page 10 of 55
importing persons shall include firms,associations,
"Fringe Benefits"means non-wage benefits which partnerships(including limited partnerships),trusts,
accompany, or are in addition to, a person's salary, such corporations,and other legal entities, including public
as paid insurance, sick leave,profit-sharing plans,paid bodies, as well as natural persons,and shall include
holidays,and vacations. successors and assigns.
"Fund Source"means any direct or indirect sum Capitalized terms used,but not otherwise defined,
payable to the Contractor by the County pursuant to any herein, shall have the meanings assigned to them in the
lawful obligation. Contract.
"Legislature"means the Legislature of the County of
Suffolk.
"Management Letter"means a letter certified as true
by the Contractor's certified public accountant or chief
financial officer of findings and recommendations for End of Text for Article H
improvements in internal fiscal control that were
identified during an Audit of Financial Statements,but
which were not required to be included in an audit
report.
"Municipal Corporation"means a town,village,or
school district.
"Services"means all that which the Contractor must do,
and any part thereof arising out of, or in connection with,
the Contract as described in Article I"Description of
Services."
"State"means the State of New York.
"Statement of Other Contracts"means a complete list
of all other contracts under which money has been or
will be paid to the Contractor from the County,Federal,
or State governments, or a Municipal Corporation,and
(i)which are currently in effect or(ii)which have
expired within the past twelve(12)months and have not
been renewed.
"Suffolk County Payment Voucher"means the
document authorized and required by the Comptroller
for release of payment.
"Term"means the time period set forth on page one of
the Contract and,if exercised by the County,the option
period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include
correlative words of the feminine and neuter genders and
words importing the singular number shall mean and
include the plural number and vice versa. Words
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C. Notifications
Article III
General Terms and Conditions i.) The Contractor shall
immediately notify the County,
1. Contractor Responsibilities in writing, of any disciplinary
proceedings, commenced or
a. Duties and Obligations pending,with any authority
relating to a license held by any
i.) It shall be the duty of the person necessary to qualify him,
Contractor to discharge, or her, or the Contractor to
cause to be discharged, all of its perform the Services.
responsibilities, and to
administer funds received in the ii.) In the event that a person is no
interest of the County in longer licensed to perform the
accordance with the provisions Services,the Contractor must
of the Contract. immediately notify the County,
but in no event shall such
ii.) The Contractor shall promptly notification be later than five(5)
take all action as may be days after a license holder has
necessary to render the Services. lost the license required to
qualify the license holder or the
iii.) The Contractor shall not take Contractor to perform the
any action that is inconsistent Services.
with the provisions of the
Contract. iii.) In the event that the Contractor
is not able to perform the
iv.) Services provided under this Services due to a loss of license,
Contract shall be open to all the Contractor shall not be
residents of the County. reimbursed for the Services
rendered after the effective date
b. Qualifications,Licenses,and of termination of such license.
Professional Standards Without limiting the generality
of the foregoing, if any part of
i.) The Contractor represents and the Contract remains to be
warrants that it has,and shall performed, and the termination
continuously possess,during the of the license does not affect the
Term,the required licensing, Contractor's ability to render
education,knowledge, the Services, every other term
experience,and character and provision of the Contract
necessary to qualify it to render shall be valid and enforceable to
the Services. the fullest extent permitted by
law.
ii.) The Contractor shall
continuously have during the d. Documentation of Professional
Term all required Standards
authorizations, certificates,
certifications,registrations, The Contractor shall maintain on file, in
licenses,permits, and other one location in Suffolk County, all
approvals required by Federal, records that demonstrate that it has
State,County, or local complied with sub-paragraphs(b)and
authorities necessary to qualify (c)above. The address of the location
it to render the Services. of the aforesaid records and documents
shall be provided to the County no later
12 of 55 pages
than the date of execution of the of every person performing any
Contract. Such documentation shall be Engineering Services. The failure to
kept,maintained,and available for file, submit, or maintain the Certificate
inspection by the County upon twenty- shall be grounds for rejection of any
four(24)hours' notice. engineering work product submitted for
approval.
e. Credentialing
2. Termination
i.) In the event that the
Department,or any division a. Thirty Days Termination
thereof,maintains a
credentialing process to qualify The County shall have the right to
the Contractor to render the terminate the Contract without cause,
Services,the Contractor shall for any reason, at any time,upon such
complete the required terms and conditions it deems
credentialing process. In the appropriate, provided,however,that no
event that any State credential, such termination shall be effective
registration, certification or unless the Contractor is given at least
license,Drug Enforcement thirty(30)days' notice.
Agency registration,or
Medicare or Medicaid b. Event of Default; Termination on
certification is restricted, Notice
suspended,or temporarily or
permanently revoked, it is the i.) The County may immediately
duty of the Contractor to contact terminate the Contract,for
the Department,or division cause,upon such terms and
thereof, as the case may be, in conditions it deems appropriate,
writing,no later than three(3) in the Event of Default.
days after such restriction,
suspension, or revocation. ii.) If the Contractor defaults under
any other provision of the
ii.) The Contractor shall forward to Contract,the County may
the Department, or division terminate the Contract, on not
thereof,as the case may be,on less than five(5)days notice,
or before July 1 of each year upon such terms and conditions
during the Term,a complete list it deems appropriate.
of the names and addresses of
all persons providing the b. Termination Notice
Services,as well as their
respective areas of certification, Any notice providing for termination
credentialing,registration,and shall be delivered as provided for in
licensing. paragraph 24 of this Article III.
f. Engineering Certificate C. Duties upon Termination
In the event that the Contract requires i.) The Contractor shall discontinue
any Engineering Services,the the Services as directed in the
Contractor shall submit to the County, termination notice.
no later than the due date for submission
for approval of any engineering work ii.) The County shall pay the
product,the Certificate of Authorization Contractor for the Services
rendered through the date of
("Certificate"), issued pursuant to
termination.
§ 7210 of the New York Education Law,
13 of 55 pages
iii.) The County is released from any and proceeding arising out of or in connection
all liability under the Contract, with any claim asserted for infringement
effective as of the date of the of copyright.
termination notice.
C. The Contractor shall defend the County,
iv.) Upon termination,the Contractor its agents, servants, officials,and
shall reimburse the County the employees in any proceeding or action,
balance of any funds advanced to including appeals, arising out of,or in
the Contractor by the County no connection with,the Contract,and any
later than thirty(3 0)days after copyright infringement proceeding or
termination of the Contract. The action. At the County's option,the
provisions of this subparagraph County may defend any such proceeding
shall survive the expiration or or action and require the Contractor to pay
termination of the Contract. reasonable attorneys' fees of salary costs
of County employees of the Department of
v.) Nothing contained in this Law for the defense of any such suit.
paragraph shall be construed as a
limitation on the County's rights 4. Insurance
set forth in paragraph 8 of this
Article III. a. The Contractor shall continuously
maintain,during the Term of the Contract,
3. Indemnification and Defense insurance in amounts and types as follows:
a. The Contractor shall protect, indemnify,
and hold harmless the County, its agents, i.) Commercial General Liability
servants, officials,and employees from insurance, including contractual
and against all liabilities,fines,penalties, liability coverage, in an amount
actions,damages,claims, demands, not less than Two Million Dollars
judgments, losses, suits or actions,costs, ($2,000,000.00)per occurrence
and expenses caused by the negligence or for bodily injury and Two Million
any acts or omissions of the Contractor, Dollars($2,000,000.00)per
including reimbursement of the cost of occurrence for property damage.
reasonable attorneys'fees incurred by the The County shall be named an
County, its agents, servants, officials,and additional insured.
employees in any action or proceeding
arising out of, or in connection with,the ii.) Automobile Liability insurance
Contract. (if any vehicles are used by the
Contractor in the performance of
b. The Contractor hereby represents and the Contract)in an amount not
warrants that it will not infringe upon any less than Five Hundred Thousand
copyright in performing the Services. The Dollars($500,000.00)per person,
Contractor agrees that it shall protect, per accident, for bodily injury and
indemnify,and hold harmless the County, not less than One Hundred
its agents,servants,officials, and Thousand Dollars($100,000.00)
employees from and against all liabilities, for property damage per
fines,penalties,actions,damages,claims, occurrence.
demands,judgments, losses, suits or
actions,costs,and expenses arising out of iii.) Workers' Compensation and
any claim asserted for infringement of Employer's Liability insurance
copyright, including reimbursement of the in compliance with all applicable
cost of reasonable attorneys'fees incurred New York State laws and
by the County,its agents, servants, regulations and Disability
officials, and employees in any action or Benefits insurance, if required by
14 of 55 pages
law. The Contractor shall furnish
to the County,prior to its e. All evidence of insurance shall provide for the
execution of the Contract,the County to be notified in writing thirty(3 0)
documentation required by the days prior to any cancellation,nonrenewal, or
State of New York Workers' material change in the policy to which such
Compensation Board of coverage evidence relates. It shall be the duty of the
or exemption from coverage Contractor to notify the County immediately
pursuant to §§57 and 220 of the of any cancellation,nonrenewal, or material
Workers' Compensation Law. In change in any insurance policy.
accordance with General
Municipal Law §108,the Contract f. In the event the Contractor shall fail to provide
shall be void and of no effect evidence of insurance,the County may
unless the Contractor shall provide the insurance required in such manner
provide and maintain coverage as the County deems appropriate and deduct
during the Term for the benefit of the cost thereof from a Fund Source.
such employees as are required to
be covered by the provisions of g. If the Contractor is a Municipal Corporation
the Workers' Compensation Law. and has a self-insurance program under which
it acts as a self-insurer for any of such required
iv.) Professional Liability coverage,the Contractor shall provide proof,
insurance in an amount not less acceptable to the County,of self-funded
than Two Million Dollars coverage.
($2,000,000.00)on either a per-
occurrence or claims-made 5. Independent Contractor
coverage basis.
The Contractor is not,and shall never be,
b. The County may mandate an increase in the considered an employee of the County for any
liability limits set forth in the immediately purpose. Notwithstanding anything contained in
preceding paragraphs(4)(a)(i), (ii),and(iv). this Contract,the Contract shall not be construed
as creating a principal-agent relationship between
c. All policies providing such coverage shall the County and the Contractor or the Contractor
be issued by insurance companies and the County,as the case may be.
authorized to do business in New York with
an A.M.Best rating of A-or better. 6. Severability
d. The Contractor shall furnish to the County, It is expressly agreed that if any term or provision
prior to the execution of the Contract, of this Contract, or the application thereof to any
declaration pages for each policy of person or circumstance, shall be held invalid or
insurance,other than a policy for unenforceable to any extent,the remainder of the
commercial general liability insurance, and Contract,or the application of such term or
upon demand, a true and certified original provision to persons or circumstances other than
copy of each such policy evidencing those as to which it is held invalid or
compliance with the aforesaid insurance unenforceable, shall not be affected thereby,and
requirements. In the case of commercial every other term and provision of the Contract
general liability insurance,the Contractor shall be valid and shall be enforced to the fullest
shall furnish to the County,prior to the extent permitted by law.
execution of the Contract, a declaration page
or insuring agreement and endorsement page 7. Merger; No Oral Changes
evidencing the County's status as an
additional insured on said policy, and upon It is expressly agreed that the Contract represents
demand, a true and certified original copy of the entire agreement of the parties and that all
such policy evidencing compliance with the previous understandings are herein merged in the
aforesaid insurance requirements. Contract. No modification of the Contract shall be
15 of 55 pages
• valid unless in written form and executed by both b. The Contractor shall not utilize criteria or
parties. methods of administration which have the
effect of subjecting individuals to
8. Set-Off Rights discrimination because of their race,
creed, color,national origin, sex, age,
The County shall have all of its common law, disability, sexual orientation,military
equitable,and statutory rights of set-off. These status,or marital status,or have the effect
rights shall include,but not be limited to,the of substantially impairing the Contract
County's option to withhold from a Fund Source with respect to individuals of a particular
an amount no,greater than any sum due and owing race,creed,color,national origin, sex,
to the County for any reason. The County shall age, disability, sexual orientation,military
exercise its set-off rights subject to approval by the status,or marital status, in determining:
County Attorney. In cases of set-off pursuant to a i.) the Services to be provided; or
Comptroller's audit,the County shall only
exercise such right after the finalization thereof, ii.) the class of individuals to whom,
and only after consultation with the County or the situations in which,the
Attorney. Services will be provided; or
iii.) the class of individuals to be
9. Non-Discrimination in Services afforded an opportunity to receive
the Services.
a. The Contractor shall not,on the grounds
of race, creed,color,national origin,sex, 10. Nonsectarian Declaration
age,disability, sexual orientation,military
status,or marital status The Services performed under the Contract are
i.) deny any individual the Services secular in nature. No funds received pursuant to
provided pursuant to the Contract; the Contract shall be used for sectarian purposes or
or to further the advancement of any religion. The
ii.) provide the Services to an Services will be available to all eligible
individual that is different, or
individuals regardless of religious belief or
affiliation.
provided in a different manner,
from those provided to others 11. Governing Law
pursuant to the Contract; or
iii.) subject an individual to The Contract shall be governed by,and construed
segregation or separate treatment in accordance with,the laws of the State of New
in any matter related to the York,without regard to conflict of laws.Venue
individual's receipt of the shall be designated in the Supreme Court, Suffolk
Services provided pursuant to the County,the United States District Court for the
Contract; or Eastern District of New York, or, if appropriate,a
iv.) restrict an individual in any way court of inferior jurisdiction in Suffolk County.
from any advantage or privilege
enjoyed by others receiving the 12. No Waiver
Services provided pursuant to the
Contract; or It shall not be construed that any failure or
forbearance of the County to enforce any
v.) treat an individual differently provision of the Contract in any particular instance
from others in determining or instances is a waiver of that provision. Such
whether or not the individual provision shall otherwise remain in full force and
satisfies any eligibility or other effect,notwithstanding any such failure or
requirements or conditions which forbearance.
individuals must meet in order to
receive the Services provided
pursuant to the Contract.
16 of 55 pages
13. Conflicts of Interest
b. Such Assignment shall be subject to all of
The Contractor shall not,during the Term,pursue the provisions of the Contract and to any
a course of conduct which would cause a other condition the County requires. No
reasonable person to believe that he or she is likely approval of any Assignment shall be
to be engaged in acts that create a substantial construed as enlarging any obligation of
conflict between its obligations under the Contract the County under the terms and provisions
and its private interests. The Contractor is charged of the Contract. No Assignment of the
with the duty to disclose to the County the Contract or assumption by any person of
existence of any such adverse interests,whether any duty of the Contractor under the
existing or potential. This duty shall continue as Contract shall provide for, or otherwise
long as the Term. The determination as to whether be construed as,releasing the Contractor
or when a conflict may potentially exist shall from any term or provision of the
ultimately be made by the County Attorney after Contract.
full disclosure is obtained.
17. Changes to Contractor
14. Cooperation on Claims
a. The Contractor may,from time to time,
The Contractor and the County shall render only with the County's.written consent,
diligently to each,other,without compensation, enter into a Permitted Transfer. For
any and all cooperation that may be required to purposes of the Contract,a Permitted
defend the other party, its employees and Transfer means:
designated representatives,against any claim,
demand or action that may be brought against the i.) if the Contractor is a partnership,
other party, its employees or designated the withdrawal or change,whether
representatives arising out of,or in connection voluntary, involuntary or by
with,the Contract. operation of law, of the partners,
or transfer of partnership interests
15. Confidentiality (other than the purchase of
partnership interests by existing
Any document of the County,,or any document partners,by the partnership itself
created by the Contractor and used in rendering or the immediate family members
the Services,shall remain the property of the by reason of gift, sale or devise),
County and shall be kept confidential in or the dissolution of the
accordance with applicable laws,rules,and partnership without immediate
regulations. reconstitution thereof,and
16. Assignment and Subcontracting ii.) if the Contractor is a closely held
corporation(i.e. whose stock is
a. The Contractor shall not delegate its duties not publicly held and not traded
under the Contract,or assign,transfer, through an exchange or over the
convey, sublet,or otherwise dispose of the counter):
Contract,or any of its right,title or
interest therein, or its power to execute the 1. the dissolution, merger,
Contract,or assign all or any portion of consolidation other
o
the monies that may be due or become due reorganization of the
hereunder, (collectively referred to in this Contractor;and
paragraph 16 as"Assignment"),to any
other person,entity or thing without the 2. the sale or other transfer of
prior written consent of the County,and twenty percent(20%)or more
any attempt to do any of the foregoing of the shares of the Contractor
without such consent shall be void ab (other than to existing
initio. shareholders,the corporation
17 of 55 pages
itself or the immediate family deny its consent to any request of a
members of shareholders by Permitted Transfer within twenty(20)
reason of gift, sale or devise). days after delivery to the County of the
Transfer Notice, in accordance with the
b. If the Contractor is a not-for-profit provisions of Paragraph 24 of Article III
corporation, a change of twenty percent of the Contract. If the County shall not
(20%) or more of its shares or members give written notice to the Contractor
shall be deemed a Permitted Transfer. denying its consent to such Permitted
Transfer(and setting forth the basis for
C. The Contractor shall notify the County in such denial in reasonable detail)within
writing,which notice(the"Transfer such twenty(20)-day period,then the
Notice")shall include: County shall be deemed to have granted
its consent to such Permitted Transfer.
i.) the proposed effective date of the
Permitted Transfer,which shall e. Notwithstanding the County's consent,
not be less than thirty(30)days
nor more than one hundred eighty i.) the terms and conditions of the
(180)days after the date of Contract shall in no way be
delivery of the Transfer Notice; deemed to have been waived or
modified; and
ii.) a summary of the material terms
of the proposed Permitted ii.) such consent shall not be deemed
Transfer; consent to any further transfers.
in.) the name and address of the 18. No Intended Third Party Beneficiaries
proposed transferee;
The Contract is entered into solely for the benefit
iv.) such information reasonably of the County and the Contractor. No third party
required by the County,which shall be deemed a beneficiary of the Contract and
will enable the County to no third party shall have the right to make any
determine the financial claim or assert any right under the Contract.
responsibility, character,and
reputation of the proposed 19. Certification as to Relationships
transferee,nature of the proposed
assignee/transferee's business and The Contractor certifies under penalties of perjury
experience; that,other than through the funds provided in the
Contract and other valid agreements with the
V.) all executed forms required County,there is no known spouse, life partner,
pursuant to Article IV of the business, commercial,economic, or financial
Contract,that are required to be relationship with the County or its elected
submitted by the Contractor; and officials. The Contractor also certifies that there is
no relationship within the third degree of
vi.) such other information as the consanguinity,between the Contractor, any of its
County may reasonably require. partners,members, directors, or shareholders
owning five(5%)percent or more of the
d. The County agrees that any request for its Contractor,and the County.
consent to a Permitted Transfer shall be
granted,provided that the transfer does 20. Publications
not violate any provision of the Contract,
and the transferee has not been convicted Any book, article,report or other publication or
of a criminal offense as described under printed matter related to the Services provided
Article II of Chapter 143 of the Suffolk pursuant to this Contract shall contain the
County Code. The County shall grant or following statement in clear and legible print:
18 of 55 pages
a
kept by this law on the construction site at all times.
"This publication is fully or partially funded by the Employee sign-in sheets and register/log books
County of Suffolk." shall be kept on the construction site at all times
and all covered employees, as defined in the law,
21. Copyrights and Patents shall be required to sign such sign-in
sheets/register/log books to indicate their presence
a. Copyrights on the construction site during such working
hours.
If the work of the Contractor should result
in the production of original books, 24. Notice
manuals, films, or other materials for
which a copyright may be granted,the Unless otherwise expressly provided,all notices
Contractor may secure copyright shall be in writing and shall be deemed sufficiently
protection. However,the County reserves given if sent by regular first class mail and
to itself, and the Contractor hereby gives certified mail,or personally delivered during
to the County, and to any other person business hours as follows: 1.)to the
designated by the County,a royalty-free, Contractor at the address on page 1 of the Contract
nonexclusive license to produce, and 2.)to the County at the Department, or as to
reproduce,publish,translate, or otherwise either of the foregoing,to such other address as the
use any such materials. addressee shall have indicated by prior written
notice to the addressor. All notices received by
b. Patents the Contractor relating to a legal claim shall be
immediately sent to the Department and also to the
If the Contractor makes any discovery or County Attorney at H.Lee Dennison Building,
invention during the Term, as a result of 100 Veterans Memorial Highway,P.O. Box 6100,
work performed under the Contract,the (Sixth Floor), Hauppauge,New York, 11788-
Contractor may apply for and secure for 0099.
itself patent protection. However,the
County reserves to itself,and the 25. Non-Discrimination In Services
Contractor hereby gives to the County,
and to any other person designated by the This Agreement is subject to the requirements of
County, a royalty-free,nonexclusive Title VI of the Civil Rights Act of 1964(P.L.
license to produce or otherwise use any 88-352)and HUD regulations with respect
item so discovered or patented. thereto including the regulations under 24 CFR
Part 1. No person in the United States shall, on
22. Arrears to County the grounds of race, color,religion, sex, sexual
orientation,age, creed,ancestry, disability or
Contractor warrants that,except as may otherwise other handicap or marital/familial status,
be authorized by agreement, it is not in arrears to military status or national origin,be excluded
the County upon any debt, contract, or any other from participation in,be denied the benefits of,
lawful obligation, and is not in default to the or be subjected to discrimination under any
County as surety. program or activity receiving Federal financial
assistance.
23. Lawful Hiring of Employees Law in
Connection with Contracts for This Agreement is also subject to the
Construction or Future Construction requirements of Title VIII of the Civil Rights
Act of 1968, known as the"Fair Housing Act",
In the event that the Contract is subject to the which provides that it is the policy of the United
Lawful Hiring of Employees Law of the County States to provide,within constitutional
of Suffolk, Suffolk County Code Chapter 234, as limitations,fair housing throughout the United
more fully set forth in the Article entitled "Suffolk States,and prohibits any person from
County Legislative Requirements,"the Contractor discriminating in the sale or rental of housing,
shall maintain the documentation mandated to be the financing of housing, or the provision of
19 of 55 pages
• brokerage services, including in any way making and regulations and shall include the following
unavailable or denying a dwelling to any person, provisions in a written agreement:
because of race,color,religion, sex, sexual
orientation, age, creed, ancestry, disability or a) A description of each task to be
other handicap or undertaken by the subrecipient, a
marital/familial status,military status or national schedule for completing each task and a
origin. The Contractor is required to administer budget for each task.
all programs and activities related to housing
and community development in a manner to b) Specification of records,reports and
affirmatively further fair housing. data to be maintained or submitted.
In addition,the Contractor must make c) A statement that all repayments are to
Community Development funds available in be returned to the Contractor.
accordance with the Fair Housing Act,
Executive Order 11063, as amended by d) Requirement of compliance with
Executive Order 12259(Equal Opportunity in applicable OMB Circulars.
Housing),Title VI of the Civil Rights Act of
1964,the Age Discrimination Act of 1975,the e) Compliance with the following Federal
Americans With Disabilities Act of 1990, law and regulations:
Section 504 of the Rehabilitation Act of 1973,
and the requirements of Executive Order 11246 1) Public Law 88-352 the Civil
(Equal Employment Opportunity), as amended Rights Act of 1964 and Public
by Executive Orders 11375 and 12086. Law 90-284 known as the Fair
Housing Act.
26. Constitutional Prohibition
2) Section 109 of the Act requiring
In accordance with First Amendment Church that no person be excluded from
and State Principles,the Contractor shall comply participation or denied benefits,
with 24 CFR 570.2000)of the federal or be subjected to discrimination
regulations regarding the use of Community on the grounds of race, color,national origin, sex, creed,
Development funds by religious organizations
and CPD Notice 04-10. ancestry, disability or other
handicap or marital/familiar
status.
27. Obligations of Contractor With Respect to 3) Section 110 of the Act regarding
Certain Third-Party Relationships labor standards for contractor or
subcontractors performing
construction
The Contractor shall remain fully obligated work.
under the provisions of this Contract,
notwithstanding its designation of any third 4) Section 202(a)of the Flood
party or parties for the undertaking of all or any Disaster Protection Act of 1973.
part of the program for which assistance is being
provided under this Contract to the Contractor. 5) Executive Order which
The Contractor shall comply with all lawful prohibits discrimination in
requirements applicable to the County as the employment and Section 3 of
the Housing and Urban
applicant under the National Affordable Housing
Act of 1990, as amended. Development Act of 1968
regarding the provision of
employment to low income
Any contract between the Contractor and a third- persons residing within
party subrecipient shall be in compliance with the boundaries of the
all applicable Federal, state,and local laws,rules Consortium.
20 of 55 pages
• Congress, an officer or
6) 42 U.S.C. 3535(d)4821 and employee of Congress, or an
4851 of the Lead-Base Paint employee of a Member of
Poisoning Prevention Act. Congress in connection with the
awarding of any Federal
7) 24 CFR Part 24 prohibiting the contract,the making of any
use of debarred, suspended or Federal grant,the making of any
ineligible Contractor or Federal loan,the entering into
subrecipients. of any cooperative Contract, and
the extension, continuation,
8) 24 CFR Part 570.511 renewal, amendment, or
regulations prohibiting persons modification of any Federal
receiving benefits who have a contract, grant, loan, or
conflict of interest. cooperative Contract.
9) 24 CFR Part 570.2000)which 2) If any funds other than Federal
prescribes the use of NSP funds appropriated funds have been
by religious organizations. paid or will be paid to any
person for influencing or
f) Indication that the Contract may be attempting to influence an
terminated for default, inability,or officer or employee of any
failure to perform. agency, a Member of Congress,
an officer or employee of
g) Requirement that any NSP funds on Congress, or an employee of a
hand or accounts receivable at the time Member of Congress in
of termination shall be returned to the connection with this Federal
Contractor. contract, grant, loan, or
cooperative Contract,the
h) Provision to ensure that: subrecipient shall complete and
submit Standard Form-LLL,
1) No Federal appropriated funds "Disclosure Form to Report
have been paid or will be paid, Lobbying", in accordance with
by or on behalf of the its instructions.
subrecipient,to any person for
influencing or attempting to
influence an officer or employee
of any agency,a Member of End of Text for Article III
21 of 55 pages
• Article IV Under the provisions of the Living Wage Law,
Suffolk County Legislative Requirements the County shall have the authority, under
appropriate circumstances,to terminate the
1. Contractor'sNendor's Public Disclosure Contract and to seek other remedies as set forth
Statement therein, for violations of this Law.
It shall be the duty of the Contractor to read, Required Forms:
become familiar with,and comply with the Suffolk County Living Wage Form LW-1;
requirements of section A5-7 of Article V of the
Suffolk County Code. entitled"Suffolk County Department of Labor—
Living Wage Unit Notice of Application for
Unless certified by an officer of the Contractor County Compensation(Contract)."
as being exempt from the requirements of
section A5-7 of Article V of the Suffolk County Suffolk County Living Wage Form LW-38;
Code,the Contractor represents and warrants entitled"Suffolk County Department of Labor—
that it has filed with the Comptroller the verified Living Wage Unit Living Wage
public disclosure statement required by Suffolk Certification/Declaration—Subject To Audit."
County Administrative Code Article V, section
A5-7 and shall file an update of such statement 3. Use of County Resources to Interfere with
with the Comptroller on or before the 31 st day Collective Bargaining Activities
of January in each year of the Contract's
duration. The Contractor acknowledges that It shall be the duty of the Contractor to read,
such filing is a material, contractual and become familiar with, and comply with the
statutory duty and that the failure to file such requirements of Article I of Chapter 803 of the
statement shall constitute a material breach of Suffolk County Code.
the Contract,for which the County shall be
entitled,upon a determination that such breach County Contractors(as defined by section 803-
has occurred,to damages, in addition to all other 2) shall comply with all requirements of Chapter
legal remedies, of fifteen percent(15%)of the 803 of the Suffolk County Code, including the
amount of the Contract. following prohibitions:
a. The Contractor shall not use County funds to
Required Form: assist,promote, or deter union organizing.
Suffolk County Form SCEX 22; entitled
"Contractor'sNendor's Public Disclosure b. No County funds shall be used to reimburse the
Statement" Contractor for any costs incurred to assist,
promote,or deter union organizing.
2. Living Wage Law
C. No employer shall use County property to hold a
It shall be the duty of the Contractor to read, meeting with employees or supervisors if the
become familiar with, and comply with the purpose of such meeting is to assist, promote, or
requirements of Chapter 575, of the Suffolk deter union organizing.
County Code.
If the Services are performed on County
This Contract is subject to the Living Wage Law property,the Contractor must adopt a reasonable
of the County of Suffolk. The law requires that, access agreement, a neutrality agreement, fair
unless specific exemptions apply, all employers communication agreement,non-intimidation
(as defined)under service contracts and agreement, and a majority authorization card
recipients of County financial assistance, (as agreement.
defined) shall provide payment of a minimum
wage to employees as set forth in the Living
Wage Law. Such rate shall be adjusted annually If the Services are for the provision of human
pursuant to the terms of the Suffolk County services and are not to be performed on County
Living Wage Law of the County of Suffolk.
22 of 55 pages
• property,the Contractor must adopt,at the least, the case may be,that are assigned to perform
a neutrality agreement. work in connection with a County contract,
subcontract, license agreement, lease or other
Under the provisions of Chapter 803,the County financial compensation agreement issued by the
shall have the authority,under appropriate County or awarding agency,where such
circumstances,to terminate the Contract and to compensation is one hundred percent(100%)
seek other remedies as set forth therein, for funded by the County, shall submit to the
violations of this Law. covered employer a completed sworn affidavit
(under penalty of perjury),the form of which is
Required Form: attached, certifying that they have complied, in
Suffolk County Labor Law Form DOL-LO1; good faith,with the requirements of Title 8 of
entitled"Suffolk County Department of Labor— the United States Code Section 1324a with
Labor Mediation Unit Union Organizing respect to the hiring of covered employees and
Certification/Declaration- Subject to Audit." with respect to the alien and nationality status of
the owners thereof, as the case may be. The
affidavit shall be executed by an authorized
4. Lawful Hiring of Employees Law representative of the contractor, subcontractor,
or owner, as the case may be; shall be part of
It shall be the duty of the Contractor to read, any executed contract, subcontract, license
become familiar with,and comply with the agreement, lease or other financial compensation
requirements of Article 11 of Chapter 353 of the agreement between the covered employer and
Suffolk County Code. the County; and shall be made available to the
public upon request.
This Contract is subject to the Lawful Hiring of An updated affidavit shall be submitted by each
Employees Law of the County of Suffolk. It
provides that all covered employers, (as such employer, owner, contractor and
defined),and the owners thereof, as the case subcontractor no later than January 1 of each
year for the duration of any contract and upon
may be,that are recipients of compensation from
tthe renewal or amendment of the Contract,and
he County through any grant, loan,subsidy,
whenever a new contractor or subcontractor is
funding, appropriation,payment,tax incentive,
hired under the terms of the Contract.
contract, subcontract, license agreement, lease or
other financial compensation agreement issued The Contractor acknowledges that such filings
by the County or an awarding agency,where are a material,contractual and statutory duty and
such compensation is one hundred percent that the failure to file ansuch statement shall
(100%)funded by the County, shall submit a constitute a material breach of the Contract.
completed sworn affidavit(under penalty of
perjury),the form of which is attached, Under the provisions of the Lawful Hiring of
certifying that they have complied, in good faith, Employees Law,the County shall have the
with the requirements of Title 8 of the United authority to terminate the Contract for violations
States Code Section 1324a with respect to the of this Law and to seek other remedies available
hiring of covered employees(as defined)and under the law.
with respect to the alien and nationality status of
the owners thereof. The affidavit shall be The documentation mandated to be kept by this
executed by an authorized representative of the law shall at all times be kept on site. Employee
covered employer or owner,as the case may be;
sign-in sheets and register/log books shall be
shall be part of any executed contract, kept on site at all times during working hours
subcontract, license agreement, lease or other and all covered employees,as defined in the
financial compensation agreement with the law, shall be required to sign such sign-in
County; and shall be made available to the
sheets/register/log books to indicate their
public upon request. presence on the site during such working hours.
All contractors and subcontractors (as defined) Required Forms:
of covered employers, and the owners thereof,as
23 of 55 pages
It shall be the duty of the Contractor to read,
Suffolk County Lawful Hiring of Employees become familiar with,and comply with the
Law Form LHE-1; entitled"Suffolk County requirements of Article 11 of Chapter 880 of the
Department of Labor—Notice Of Application Suffolk County Code.
To Certify Compliance With Federal Law(8
U.S.C. Section 1324a)With Respect To Lawful The Contractor shall comply with Article II of
Hiring of Employees." Chapter 880,of the Suffolk County Code,
entitled"Child Sexual Abuse Reporting Policy,"
Suffolk County Lawful Hiring of Employees as now in effect or amended hereafter or of any
Law Form LHE-2; entitled"Affidavit Of other Suffolk County Local Law that may
Compliance With The Requirements Of 8 become applicable during the term of the
U.S.C. Section 1324a With Respect To Lawful Contract with regard to child sexual abuse
Hiring Of Employees" reporting policy.
5. Gratuities 8. Non Responsible Bidder
It shall be the duty of the Contractor to read, It shall be the duty of the Contractor to read,
become familiar with, and comply with the become familiar with, and comply with the
requirements of Chapter 664 of the Suffolk requirements of Article Il of Chapter 189 of the
County Code. Suffolk County Code.
The Contractor represents and warrants that it Upon signing the Contract,the Contractor
has not offered or given any gratuity to any certifies that it has not been convicted of a
official,employee or agent of the County or the criminal offense within the last ten(10)years.
State or of any political party,with the purpose The term"conviction"shall mean a finding of
or intent of securing an agreement or securing guilty after a trial or a plea of guilty to an
favorable treatment with respect to the awarding offense covered under section 189-5 of the
or amending of an agreement or the making of Suffolk County Code under"Nonresponsible
any determinations with respect to the Bidder."
performance of an agreement.
9. Use of Funds in Prosecution of Civil
6. Prohibition Against Contracting with Actions Prohibited
Corporations that Reincorporate Overseas
It shall be the duty of the Contractor to read,
It shall be the duty of the Contractor to read, become familiar with, and comply with the
become familiar with,and comply with the
requirements of Article III of Chapter 893 of the
Suffolk County Code.
requirements of sections A4-13 and A4-14 of
Article IV of the Suffolk County Code. The Contractor shall not use any of the moneys,
in part or in whole,and either directly or
The Contractor represents that it is in indirectly,received under the Contract in
compliance with sections A4-13 and A4-14 of connection with the prosecution of any civil
Article IV of the Suffolk County Code. Such action against the County in any jurisdiction or
law provides that no contract for consulting any judicial or administrative forum.
services or goods and services shall be awarded
by the County to a business previously 10. Youth Sports
incorporated within the U.S.A.that has
reincorporated outside the U.S.A. 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.
7. Child Sexual Abuse Reporting Policy
All contract agencies that conduct youth sports
programs are required to develop and maintain a
24 of 55 pages
written plan or policy addressing incidents of
possible or actual concussion or other head
injuries among sports program participants.
Such plan or policy must be submitted prior to
the award of a County contract,grant or funding.
Receipt of such plan or policy by the County
does not represent approval or endorsement of
any such plan or policy,nor shall the County be
subject to any liability in connection with any
such plan or policy.
11. Work Experience Participation
If the Contractor is a not-for-profit or
governmental agency or institution,each of the
Contractor's locations in the County at which the
Services are provided shall be a work site for
public-assistance clients of Suffolk County
pursuant to Chapter 281 of the Suffolk County
Code at all times during the Term of the
Contract. If no Memorandum of Understanding
("MOU")with the Suffolk County Department
of Labor for work experience is in effect at the
beginning of the Term of the Contract,the
Contractor, if it is a not-for-profit or
governmental agency or institution, shall enter
into such MOU as soon as possible after the
execution of the Contract and failure to enter
into or to perform in accordance with such MOU
shall be deemed to be a failure to perform in
accordance with the Contract,for which the
County may withhold payment,terminate the
Contract or exercise such other remedies as may
be appropriate in the circumstances.
12. Suffolk County Local Laws Website
Address
Suffolk County Local Laws,Rules and
Regulations can be accessed on the homepage of
the Suffolk County Legislature.
End of Text for Article IV
25 of 55 pages
Article V
General Fiscal Terms and Conditions
1. General Payment Terms
In addition to such specific payment terms as maybe set forth elsewhere in this Agreement,the Contractor shall
abide by the following:
a. Presentation of Suffolk County Payment Voucher
In order for payment to be made by the County to the Contractor for the Services,the Contractor shall
prepare and present a Suffolk County Payment Voucher,which shall be documented by sufficient,
competent and evidential matter.
b. Voucher Documentation
The Suffolk County Payment Voucher shall list all information regarding the Services and other items for
which expenditures have been or will be made in accordance with the Contract. Either upon execution of
the Contract(for the Services already rendered and expenditures already made), or not more than thirty
(3 0)days after the expenditures were made, and in no event after the 3151 day of January following the
end of each year of the Contract,the Contractor shall furnish the County with detailed documentation in
support of the payment for the Services or expenditures under the Contract e.g. dates of the Service,
worksite locations, activities,hours worked,pay rates and all program Budget categories. The Suffolk
County Payment Voucher shall include time records,certified by the Contractor as true and accurate,of
all personnel for whom expenditures are claimed during the period. Time and attendance records of a
project director, if any, shall be certified by the Chairperson,President or other designated member of the
Board of Directors of the Contractor. All Suffolk County Payment Vouchers must bear a signature as that
term is defined pursuant to New York State General Construction Law §46 by duly authorized persons,
and certification of such authorization with certified specimen signatures thereon must be filed with the
County by a Contractor official empowered to sign the Contract. Disbursements made by the Contractor
in accordance with the Contract and submitted for reimbursement must be documented and must comply
with accounting procedures as set forth by the Suffolk County Department of Audit and Control.
Documentation, including any other form(s)required by County or the Suffolk County Department of
Audit and Control, shall be furnished to the County pursuant to,and as limited by,the Regulations for
Accounting Procedures for Contract Agencies of the Suffolk County Department of Audit and Control.
In addition to any other remedies that the County may have, failure to supply the required documentation
will disqualify the Contractor from any further County contracts.
C. Payment by County
Payment by the County shall be made within thirty(30) days after approval of the Suffolk County
Payment Voucher by the Comptroller.
d. Budget Modification
i.) The parties shall use the Contract Budget Modification Request form("Budget Modification")for
revisions to the Budget and Services not involving an increase to the total cost of the Contract.
The Contractor shall submit to the County the Budget Modification proposed revisions for either
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Budget or the Services. Such request must be made in advance of incurring any expenditure for
which the revision is needed.
ii.) When the County and the Contractor agree as to such revisions,the Contractor shall execute the
Budget Modification form. The Contractor shall return it to the County for execution.
iii.) Upon complete execution of the Budget Modification form,the County shall return a copy to the
Contractor. The revision shall not be effective until the Budget Modification is completely
executed.
iv.) The Budget Modification form may be submitted only twice per calendar year and may only be
submitted prior to November 15th.of that year.
e. Budget and/or Services Revisions
i.) The parties shall use the Contract Budget/Services Revision Approval Form(Budget/Services
Revisions)for revisions to the Budget and Services involving any change to the total cost of the
Contract due to a resolution of the Legislature, changes to the County's adopted annual budget, or
for any other reason necessitating revisions to the Budget or Services.
ii.) When the County and the Contractor agree as to such revisions,the Contractor shall execute the
Budget/Services Revisions form. The Contractor shall return it to the County.
iii.) Upon complete execution of the form by the parties,the County shall return a copy to the
Contractor. The revision shall not be effective until the Budget/Services Revisions is completely
executed.
E Taxes
The charges payable to the Contractor under the Contract are exclusive of federal, state,and local taxes,
the County being a municipality exempt from payment of such taxes.
g. Final Voucher
The acceptance by the Contractor of payment of all billings made on the final approved Suffolk County
Payment Voucher shall operate as and shall be a release of the County from all claims by the Contractor.
2. Subject to Appropriation of Funds
a. The Contract is subject to the amount of funds appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature and no liability shall be incurred by the County beyond
the amount of funds appropriated each fiscal year by the County Legislature for the Services.
b. If the County fails to receive Federal or State funds originally intended to pay for the Services, or to
reimburse the County, in whole or in part,for payments made for the Services,the County shall have the
sole and exclusive right to:
i.) determine how to pay for the Services;
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ii.) determine future payments to the Contractor; and
iii.) determine what amounts, if any, are reimbursable to the County by the Contractor and the terms
and conditions under which such reimbursement shall be paid.
C. The County may, during the Term, impose a Budget Deficiency Plan. In the event that a Budget
Deficiency Plan is imposed,the County shall promptly notify the Contractor in writing of the terms and
conditions thereof,which shall be deemed incorporated in and made a part of the Contract,and the
Contractor shall implement those terms and conditions in no less than fourteen(14)days.
3. Personnel Salaries,Pension and Employee Benefit Plans,Rules and Procedures
a. Upon request,the Contractor shall submit to the County a current copy, certified by the Contractor as true
and accurate, of its
i.) salary scale for all positions listed in the Budget;
ii.) personnel rules and procedures;
iii.) pension plan and any other employee benefit plans or arrangements.
b. The Contractor shall not be entitled to reimbursement for costs under any pension or benefit plan the
Comptroller deems commercially unreasonable.
C. Notwithstanding anything in this paragraph 3 of this Article V,the County shall not be limited in
requesting such additional financial information it deems reasonable.
4. Accounting Procedures
a. The Contractor shall maintain accounts,books,records, documents,other evidence,and accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of the Contract, in accordance with generally accepted accounting principles
and with rules,regulations and financial directives, as may be promulgated by the Suffolk County
Department of Audit and Control and the Department. The Contractor shall permit inspection and audit
of such accounts,books,records, documents and other evidence by the Department and the Suffolk
County Comptroller,or their representatives, as often as, in their judgment, such inspection is deemed
necessary. Such right of inspection and audit as set forth in subparagraph b. below shall exist during the
Term and for a period of seven(7)years after expiration or termination of the Contract.
b. 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.
C. The Contractor shall utilize the accrual basis of accounting and will submit all financial reports and
claims based on this method of accounting during the Term.
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5. Audit of Financial Statements
a. All payments made under the Contract are subject to audit by the Comptroller pursuant to Article V of the
Suffolk County Charter. The Contractor further agrees that the Comptroller and the Department shall
have access to and the right to examine, audit, excerpt,copy or transcribe any pertinent transactions or
other records relating to services under the Contract. If such an audit discloses overpayments by the
County to the Contractor,within thirty(30)days after the issuance of an official audit report by the
Comptroller or his duly designated representatives,the Contractor shall repay the amount of such
overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of
repayment to the Comptroller. If there is no response,or if satisfactory repayments are not made,the
County may recoup overpayments from any amounts due or becoming due to the Contractor from the
County under the Contract or otherwise.
b. The provisions of this paragraph shall survive the expiration or termination of the Contract.
6. Financial Statements and Audit Requirements
a. Notwithstanding any other reporting or certification requirements of Federal, State, or local authorities,
the Contractor shall obtain the services of an independent licensed public accountant or certified public
accountant(the"Auditor")to audit its financial statements for each Contractor's"fiscal year" in which
the Contractor has received, or will receive,three hundred thousand($300,000.00)dollars or more from
the County,whether under the Contract or other agreements with the County,and shall submit a report to
the County on the overall financial condition and operations of the Contractor, including a balance sheet
and statement of income and expenses,attested by the Auditor as fairly and accurately reflecting the
accounting records of the Contractor in accordance with generally accepted accounting principles. The
Contractor may solicit requests for proposals from a number of qualified accounting firms and review
carefully the costs of, and qualifications for,this type of work before selecting the Auditor.
b. The Auditor should be required to meet the following minimum requirements:
i.) a current license issued by the New York State Education Department;
ii.) sufficient auditing experience in the not-for-profit, governmental or profit-making areas,
as applicable; and
iii.) a satisfactory peer review issued within not more than three(3)years prior to the date
when the Auditor was selected to conduct the audit.
C. The audit must be conducted in accordance with generally accepted governmental auditing standards.
Financial statements must clearly differentiate between County-funded programs and other programs that
the Contractor may be operating. The use of subsidiary schedules should be encouraged for this purpose.
The Auditor must also prepare a Management Letter based on the audit.
d. In the event the Contractor is a not-for-profit organization or unit of local government and expends five
hundred thousand($500,000.00)dollars or more of Federal monies,whether as a recipient expending
awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards
received from a pass-through entity, such as New York State or Suffolk County, during any fiscal year
within which it receives funding under the Contract,the audit must be conducted, and the audit report
("Single Audit Report")must be, in accordance with OMB Circular No. A-133 (revised June 27, 2003).
Single Audit Reports must also be submitted to the designated clearinghouse,cognizant agency and/or
pass-through entity,to the extent required by the OMB Circular referred to above.
e. The Contractor must submit to the County a statement in writing, certified by its chief financial officer,
which states the amount of Federal funding expended by the Contractor during such fiscal year. The
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Contractor must mail or deliver the certified statement to the Department and to the Executive Director of
Auditing Services, Suffolk County Department of Audit and Control,H.Lee Dennison Building, 100
Veterans Memorial Highway,P. O.Box 6100,Hauppauge,New York 11788-0099, as soon as possible
after the end of the Contractor's fiscal year. The statement must include all Federal funding received
directly from the Federal government and all Federal funds passed through from the County and other
pass-through entities.
E Copies of all financial statements,Management Letters, Single Audit Reports and other audit reports must
be transmitted to the County and to the Executive Director of Auditing Services at the address set forth
above. The reports must be submitted within thirty(30)days after completion of the audit,but in no
event later than nine(9)months after the end of the Contractor's fiscal year,to which the audit relates.
g. These requirements do not preclude the County,the Comptroller, or their authorized representatives, or
Federal or State auditors from auditing all records of the Contractor. Therefore,the records of the
Contractor must be made available to authorized representatives of Federal, State and County government
for that purpose.
h. The provisions of this paragraph shall survive the expiration or termination of the Contract.
7. Furniture,Fixtures,Equipment,Materials,Supplies
a. Purchases,Rentals or Leases Requiring Prior Approval
Prior to placing any order to purchase,rent or lease any furniture,fixtures, or equipment valued in excess
of one thousand dollars($1,000.00)per unit for which the Contractor will seek reimbursement from the
County,the Contractor shall submit to the County a written request for approval to make such a proposed
purchase,rental or lease,with a list showing the quantity and description of each item, its intended
location and use, estimated unit price or cost,and estimated total cost of the proposed order. Written
approval of the County shall be required before the Contractor may proceed with such proposed purchase,
rental or lease of furniture,fixtures or equipment. All items purchased must be new or like new unless
specifically described otherwise in the Budget.
b. Purchase Practices/Proprietary Interest of County
i.) The Contractor shall follow the general practices that are designed to obtain furniture, fixtures,
equipment,materials, or supplies at the most reasonable price or cost possible.
ii.) The County reserves the right to purchase or obtain furniture,fixtures,equipment,materials, or
supplies for the Contractor in accordance with the programmatic needs of the Contract. If the
County exercises this right,the amount budgeted for the items so purchased or obtained by the
County for the Contractor shall not be available to the Contractor for any purpose whatsoever.
Title to any such items purchased or otherwise obtained by the County for the programs
encompassed by the Contract and entrusted to the Contractor, shall remain in the County.
iii.) The County shall retain a proprietary interest in all furniture,removable fixtures, equipment,
materials,and supplies purchased or obtained by the Contractor and paid for or reimbursed to the
Contractor pursuant to the terms of the Contract or any prior agreement between the parties.
iv.) The Contractor shall attach labels indicating the County's proprietary interest or title in all such
property.
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C. County's Right to Take Title and Possession
Upon the termination or expiration of the Contract or any renewal thereof,the discontinuance of the
business of the Contractor,the failure of the Contractor to comply with the terms of the Contract,the
bankruptcy of the Contractor,an assignment for the benefit of its creditors, or the failure of the Contractor
to satisfy any judgment against it within thirty(30)days of filing of the judgment,the County shall have
the right to take title to and possession of all furniture,removable fixtures,equipment,materials, and
supplies and the same shall thereupon become the property of the County without any claim for
reimbursement on the part of the Contractor.
d. Inventory Records, Controls and Reports
The Contractor shall maintain proper and accurate inventory records and controls for all such furniture,
removable fixtures and equipment acquired pursuant to the Contract and all prior agreements between the
parties, if any. Three(3)months before the expiration date of the Contract,the Contractor shall make a
physical count of all items of furniture,removable fixtures and equipment in its custody, checking each
item against the aforesaid inventory records. A report setting forth the results of such physical count shall
be prepared by the Contractor on a form or forms designated by the County,certified and signed by an
authorized official of the Contractor,and one(1)copy thereof shall be delivered to the County within five
(5)days after the date set for the aforesaid physical count. Within five(5)days after the termination or
expiration date of the Contract,the Contractor shall submit to the County six(6)copies of the same report
updated to such date of the Contract,certified and signed by an authorized official of the Contractor,
based on a physical count of all items of furniture,removable fixtures and equipment on the aforesaid
expiration date, and revised, if necessary,to include any inventory changes during the last three(3)
months of the Term.
e. Protection of Property in Contractor's Custody
The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture,
fixtures,equipment,material or supplies in its custody against damage or loss by fire,burglary,theft,
disappearance,vandalism,or misuse.In the event of burglary,theft,vandalism,or disappearance of any
item of furniture,fixtures,equipment,material or supplies,the Contractor shall immediately notify the
police and make a record thereof, including a record of the results of any investigation which may be
made thereon. In the event of loss of or damage to any item of furniture,fixtures,equipment,materials,
or supplies from any cause,the Contractor shall immediately send the County a detailed written report
thereon.
E Disposition of Property in Contractor's Custody
Upon termination of the County's funding of any of the Services covered by the Contract, or at any other
time that the County may direct,the Contractor shall make access available and render all necessary
assistance for physical removal by the County or its designee of any or all furniture,removable fixtures,
equipment,materials or supplies in the Contractor's custody in which the County has a proprietary
interest, in the same condition as such property was received by the Contractor,reasonable wear and tear
excepted. Any disposition, settlements or adjustments connected with such property shall be in
accordance with the rules and regulations of the County and the State of New York.
8. Lease or Rental Agreements
If lease payments or rental costs are included in the Budget as an item of expense reimbursable by the County,the
Contractor shall promptly submit to the County, upon request, any lease or rental agreement. If during the Term,
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the Contractor shall enter into a lease or rental agreement,or shall renew a lease or rental agreement,the
Contractor shall,prior to the execution thereof, submit such lease or rental agreement,to the County for approval.
9. Statement of Other Contracts
Prior to the execution of the Contract,the Contractor shall submit a Statement of Other Contracts to the County,
which shall be attached as an exhibit to the Contract. If the Contract is amended during the Term, or if the
County exercises its option right,the Contractor shall attach a then current Statement of Other Contracts.
10. Miscellaneous Fiscal Terms and Conditions
a. Limit of County's Obligations
The maximum amount to be paid by the County is set forth on the first page of the Contract.
b. Duplicate Payment from Other Sources
Payment by the County for the Services shall not duplicate payment received by the Contractor from any
other source.
C. Funding Identification
The Contractor shall promptly submit to the County upon request,a schedule for all programs funded by
the County, itemizing for each such program the sums received,their source and the total program
budget.
d. Outside Funding for Non-County Funded Activities
Notwithstanding the foregoing provisions of the Contract, it is the intent of the County that the terms and
conditions of the Contract shall not limit the Contractor from applying for and accepting outside grant
awards or from providing additional educational activities/services which may result in the Contractor
incurring additional costs, as long as the following conditions are met:
i.) The County is not the Fund Source for the additional services;
ii.) Sufficient funding is available for or can be generated by the Contractor to cover the cost incurred
by the Contractor to provide these additional services; and
iii.) If sufficient funding is not available or cannot be generated,the County shall not be held liable
for any of the additional costs incurred by the Contractor in furnishing such additional services.
iv.) Prior to scheduling any such additional services on County-owned property,the Contractor shall
obtain written County approval. The Contractor shall,to the County's satisfaction, submit any
documentation requested by the Department reflecting the change,and identify the additional
services to be provided and the source of funding that shall be utilized to cover the expenditures
incurred by the Contractor in undertaking the additional services.
e. Potential Revenue
The Contractor shall actively seek and take reasonable steps to secure all potential funding from grants
and contracts with other agencies for programs funded by the County.
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f. Payments Contingent upon State/Federal Funding
Payments under the Contract may be subject to and contingent upon continued funding by State and/or
Federal agencies. In the event payments are subject to such funding no payment shall be made until the
Contractor submits documentation in the manner and form as shall be required by State and/or Federal
agency. If late submission of claims precludes the County from claiming State or Federal reimbursement,
such late claims by the Contractor shall not be paid by the County subject to subparagraph g.below, if,
for any reason,the full amount of such funding is not made available to the County,the Contract may be
terminated in whole or in part,or the amount payable to the Contractor may be reduced at the discretion
of the County,provided that any such termination or reduction shall not apply to allowable costs incurred
by the Contractor prior to such termination or reduction, and provided that money has been appropriated
for payment of such costs.
g. Denial of Aid
If a State or Federal government agency is funding the Contract and fails to approve aid in reimbursement
to the County for payments made hereunder by the County to the Contractor for expenditures made
during the Term because of any act,omission or negligence on the part of the Contractor,then the County
may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement
denied by the state or federal government agency, and the County's obligation to the Contractor shall be
reduced by any such amounts. In such an event, if there should be a balance due to the County after it has
made a final payment to the Contractor under the Contract, on demand by the County,the Contractor
shall reimburse the County for the amount of the balance due the County, payable to the Suffolk County
Treasurer.The provisions of this subparagraph shall survive the expiration or termination of the Contract.
h. Budget
The Contractor expressly represents and agrees that the Budget lists all revenue, expenditures, personnel,
personnel costs and/or all other relevant costs necessary to provide the Services.
i. Payment of Claims
Upon receipt of a Suffolk County Payment Voucher,the County,at its discretion,may pay the Contractor
during the Term, in advance,an amount not to exceed one sixth(1/6)of the maximum amount to be paid
by the County set forth on the first page of the Contract.
j. Payments Limited to Actual Net Expenditures
The Contractor agrees that if, for any reason whatsoever,the Contractor shall spend during the Tenn for
the purposes set forth in the Contract an amount less than, or receive amounts more than, provided in the
Budget,the total cost of the Contract shall be reduced to the net amount of actual Contractor expenditures
made for such purposes. The total amount to be paid by the County shall not exceed the lesser of(i)
actual net expenditures or(ii)the total cost of the Contract on the cover page and in the Budget. Upon
termination or expiration of the Contract, if the Contractor's total amount of allowable expenses is less
than the total amount of the payments made during the Term,the Contractor shall prepare a check payable
to the Suffolk County Treasurer for the difference between the two amounts and submit such payment to
the County,along with the final Suffolk County Payment Voucher.
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k. Travel Costs
Reimbursement to the Contractor for travel costs shall not exceed amounts allowed to County employees.
1. Attendance at Conferences
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 and Executive Order No. 14-2007.
m. 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.
n. Salary Increases
No salary,wage,or other compensation for the Services shall be increased over the amount stated in the
Budget without the prior written approval of the County.
o. 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.
p. 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.
q. Comptroller's Rules and Regulations
The Contractor shall comply with the"Comptroller's Rules and Regulations for Consultant's
Agreements"as promulgated by the County Department of Audit and Control and any amendments
thereto during the Term. The County shall provide the Contractor with a copy of any amendments to the
"Comptroller's Rules and Regulations for Consultant Agreements"during the Term.
End of Article V
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Article VI
Federal Requirements
1. Grant Administration
a. Authorization
Notwithstanding any other provision of this Agreement, the Contractor must submit evidence and the
County must certify, prior to any commitment of funds under this Agreement, that all grant
responsibilities have been met and are in accordance with applicable regulations. Upon such
certification, the County will give notice authorizing the Contractor to begin CDBG projects set forth in
Article I of this Agreement.
b. Supervision
It is agreed that the nature and extent of the CDBG projects undertaken pursuant to this Agreement shall
be subject to the general supervision of the County. The County as applicant is primarily responsible for
overseeing the CDBG program. The Contractor agrees to comply fully with rules, regulations, criteria,
guidelines and expenditure controls heretofore adopted or to be adopted by the County and Federal
Governments pursuant to law.
2. County-Contractor Relationship
The relationship of the Contractor to the County shall be governed as expressly provided for in the
Suffolk County Cooperation Agreement and this Agreement.
3. National Objectives
Contractor certifies that the CDBG projects carried out under this Agreement meet the National
Objectives as defined in 24 CFR 570.208.
4. Performance
a. The Contractor agrees to begin work on its CDBG projects set forth in Article I of this Agreement
within a reasonable time after the effective date of this Agreement and meet timely expenditure
requirements. The Contractor will be considered to meet timely requirements if by January 15t4 of
each year its total balance of unexpended funds from all program years does not exceed 1.5 times the
Contractor's last annual CDBG allocation.
b. Timely Expenditure Required
It is critical that the Contractor commence work on the CDBG projects in a timely fashion. Failure
to commence work and meet timely expenditure requirements may result among other things, in a
reduction of the Contractor's CDBG funding and/or the County electing not to exercise its option to
renew this Agreement. More specifically:
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1) If the Contractor has unexpended balances from previous years' funding, which are from four
(4) or more years prior to the current program year; or
2) If the Contractor has a past history of not meeting timely expenditure requirements; or
3) If the Contractor, by January 15'�' of each year has a total balance of unexpended funds from
all program years, which exceed 1.5 times the Contractor's last annual CDBG allocation, then
the County may, among other things, and either singularly or in combination:
a) Chose not to exercise its option(s)to renew this Agreement;
b) Require the Contractor to submit information to the County regarding the reasons for lack of
performance and actions being taken to remove the causes for delay;
c) Require the Contractor to demonstrate to the County that the Contractor has the capacity to
carry out CDBG projects and meet CDBG timely expenditure requirements;
d) Require the Contractor to submit to the County progress schedules for completing CDBG
projects in compliance with CDBG timely expenditure requirements;
e) Issue a letter of warning to the Contractor advising that more serious sanctions will be taken
if the deficiency is not corrected or is repeated;
fl Require the Contractor to suspend, discontinue or not incur costs for CDBG projects;
g) Condition or reduce the Contractor's allocation of CDBG funds in the succeeding year; and
h) Reduce the Contractor's allocation of CDBG funds in the current year by one-hundred
percent (100%) of the total balance of unexpended funds, from all program years, which
exceed 1.5 times the Contractor's last annual CDBG allocation.
5. Citizen Participation
The Contractor agrees to provide citizens with adequate information concerning the amount of funds
available for proposed CDBG .projects, the range of eligible activities, and other important program
requirements. The Contractor also agrees to provide citizens with adequate opportunities to articulate
needs, express preferences about proposed activities, assist in the selection of priorities, and otherwise
assist and participate in the development of the federal Housing and Community Development Program.
Pursuant to this requirement, each Contractor shall hold at least one public hearing during the annual
application preparation period, prior to the submission to HUD. The County shall also hold at least one
pre-submission public hearing.
6. Flood Disaster Protection
This Agreement is subject to Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4106) which provides that no Federal officer or agency shall approve any financial assistance for
acquisition or construction purposes (as defined under Section 3(a) of said Act (42 U.S.C. 400(a)), one
year after a community has been formally notified of its identification as a community containing an
area of special flood hazard, for use in any area that has been identified by the Director of the Federal
Emergency Management Agency as an area having special flood hazards unless the community in which
such area is situated is then participating in the National Insurance Program. Notwithstanding the date
of HUD approval of the County's annual action plan, funds provided under this part shall not be
expended for acquisition or construction purposes in an area that has been identified by the Federal
Emergency Management Agency ("FEMA") as having special flood hazards unless the community in
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which the area is situated is participating in the National Flood Insurance Program in accordance with 44
CFR Parts 59-79, or less than a year has passed since FEMA notification to the community regarding
such hazards; and flood insurance is obtained in accordance with Section 102(a) of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001).
Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved with
assistance provided under this Agreement shall contain, if such land is located in an area identified by
the Federal Government as having special flood hazards and in which the sale of flood insurance has
been made available under the Flood Insurance Act of 1968, as amended, 42 USC 4001, et. seq.,
provisions obligating the transferee and its successors or assigns to obtain and maintain, during the
ownership of such land, such flood insurance as required with respect to financial assistance for
acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973.
Such provisions shall be required,notwithstanding the fact that the construction on such land is not itself
funded with assistance provided under this Agreement.
7. Equal Employment Opportunity and Affirmative Action
a. Equal Opportunity: In carrying out the CDBG projects, the Contractor shall ensure that no
person, on the grounds of race, color, creed, ancestry, disability or other handicap, age,
marital/familial status, military status, national origin, sexual orientation, religion or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity funded in whole or in part with CDBG funds.
The Contractor shall take affirmative action to insure that applicants for employment are
employed, and that employees are treated during employment, without regard to their race, color,
creed, ancestry, disability or other handicap, marital/familial status, military status, religion, sex,
sexual orientation, age or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor shall post in conspicuous places, available to
employees and applicants to employment, notices to be provided by the Federal Government
setting forth the provisions of this non-discrimination clause. The Contractor shall state that all
qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, age, creed, ancestry, disability or other handicap,
marital/familial status,military status, or national origin.
The Contractor shall incorporate the foregoing requirements of this Subparagraph an in all of its
contracts for program work, except contracts governed by Subparagraph b of this Paragraph, and
will require all of its contractors for such work to incorporate such requirements in all
subcontracts for program work.
The Contractor shall have its own Affirmative Action Plan which meets Federal requirements on
file with the County Community Development Office and approved by HUD or be bound by a
Consortium-wide Affirmative Action Plan developed by the County and applicable to local
personnel funded with Community Development Block Grant funds. The County Community
Development Director shall be designated as the Consortium's Affirmative Action Officer.
37 of 55 pages
Separate community development agencies,will be required to develop and implement their own
Affirmative Action Plan, unless such a plan has already been developed and approved by HUD.
Individual agency plans must be submitted to HUD for its review and approval. If the Plan is not
acceptable to the County or HUD, the community development agency will be required to
submit a revised Plan(s), until approved by HUD.
All employees of the Contractor paid with CDBG funds must meet all New York State Civil
Service Requirements for employment; however, this provision shall not apply to any
Community Development Agency or its employees.
b. Contracts Subject to Executive Order 11246, as amended, shall be subject to HUD Equal
Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted
construction contracts.
C. The Contractor shall cause or require to be inserted in full in any non-exempt contract and
subcontract for construction work, or modification thereof, as defined in said regulations, which
is paid for in whole or part with assistance provided under this Agreement, the following equal
opportunity clause:
"During the performance of this Agreement,the Contractor agrees as follows:
1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, age, creed, ancestry, disability or other handicap or
marital/familial status or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and the employees are treated during employment,
free from such discrimination. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this non-discrimination clause.
2) The Contractor will, in all solicitations for advertisements for employees placed by or on
behalf of the Contractor; state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, age, creed, ancestry, disability or
other handicap or marital/familial status or national origin.
3) The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining Contract or other contract or understanding, a notice to be
provided by the contract Compliance Officer advising the said labor union or workers
representatives of the Contractor's commitment under this section and shall post copies
of the notice in conspicuous places available to employees and applicants for
employment.
4) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor.
5) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965; 24 CFR 570.603; and 24 CFR 570.607; and by the rules,
38 of 55 pages
c
regulations, and orders of the Secretaries of Labor and Housing and Urban Development,
or pursuant thereto, and will permit access to his books, records and accounts by the
Federal Government and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
6) In the event of the Contractor's non-compliance with the non-discrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or Federally assisted construction
contract procedures authorized in Executive Order 11246 or September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7) The Contractor will include the portion of the sentence immediately preceding Paragraph
1 through 7 in every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issues pursuant to Section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the Federal Government may direct as a means of
enforcing such provisions, including sanctions for non-compliance; providing, however,
that in the event a Contractor becomes involved in, or is threatened with, litigation with a
sub-contractor or vendor as a "result of such direction of the Federal government, the
Contractor may request the United States to enter into such litigation to protect the
interest of the United States."
d. The Contractor further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in Federally-assisted construction
work; provided, however, that if the Contractor so participating is a state or local government,
the above equal opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under the contract.
e. The Contractor agrees that it will assist and cooperate actively with the Federal Government and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulation, and relevant orders of the Secretary of Labor;
that it will furnish the Department and the Secretary of Labor such information as they may
require for the supervision of such compliance and that it will otherwise assist the Federal
Government in the discharge of its primary responsibility for securing compliance.
f. The Contractor further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and Federally-assisted construction contracts
pursuant to the Executive Order and will carry out such sanctions and penalties for violation of
the equal opportunity clause by any Government Contractor in accordance with procedures
established by the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In
addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the
Federal Government may take any or all of the following actions: cancel, terminate, or suspend
in whole or in part the grant or loan guarantees; refrain from extending any further assistance to
the Contractor under the program with respect to which the failure or refusal occurred until the
39 of 55 pages
satisfactory assurance of future compliance has been received from such Contractor, and refer
the case to the Department of Justice for appropriate legal proceedings.
8. Compliance with Section 3 of the Housing and Urban Development Act
The Contractor shall comply with Section 3 of the Housing and Urban Development Act of 1968 as
same may be amended from time to time. In planning and carrying out CDBG projects, the Contractor
shall ensure, to the greatest extent feasible, that opportunities for training and employment be given to
lower income persons residing within the boundaries of the Suffolk County Consortium and that, also to
the extent feasible and consistent with state and federal laws, contracts for work on CDBG projects be
awarded to eligible business concerns which are located in or owned in substantial part by persons
residing within the boundaries of the Suffolk County Consortium.
The Contractor shall cause or require to be inserted in full, in all contracts and subcontracts for work
financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set
forth in 24 CFR 135.20(b). The Contractor shall provide such copies of 24 CFR Part 135 as may be
necessary for the information of parties to contracts required to contain the Section 3 clause.
9. Minority Business and Women's Business Enterprise
The Contractor must comply with Executive Orders 11625 and 12432 and, to the extent permissible by
law, make good faith efforts to encourage the use of minority and women's business enterprise in
connection with CDBG funded activities.
The Contractor, to extent permissible by law, shall ensure the inclusion of minorities and women, and
entities owned by minorities and women, including, without limitation, real estate firms, construction
firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters,
accountants, and providers of legal services, in all contracts entered into with such persons or entities,
public and private, in order to facilitate the activities of the CDBG programs.
10. Lead Based Paint Hazards
The construction or rehabilitation of residential structures with assistance provided under this
Agreement is subject to the requirements of 24 CFR Part 35, subparts A, B and R and subparts C
through M, as may be amended, when applicable. Any rehabilitation or acquisition of residential
structures by the Contractor with assistance provided under this Agreement shall be made subject to
Lead-Based Paint Poisoning Prevention, and the Contractor shall be responsible for notifications,
certified hazard evaluations, certified hazard reduction, and certified safe construction work places,
certified clearances and record keeping.
11. Fire Prevention and Control Act
Housing assistance provided in the form of a grant, contract, loan guarantee, cooperative agreement,
interest subsidy, interest or direct appropriation under this Contract is subject to the provisions of the
40 of 55 pages
Fire Administration Authorization Act of 1992 (Pub. L. 102-522), as may be amended. The Contractor
shall be required to comply with applicable fire protection and safety standards.
12. Federal Labor Standards Provisions
The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the
Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40
U.S.C. 327 et seq), as may be amended, and all other applicable Federal, state and local laws and
regulations pertaining to labor standards insofar as those acts apply to the performance of this
Agreement. The Contractor agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et
seq.), as it may be amended and the implementing regulations of the U.S. Department of Labor at 29
CFR Part 5, as may be amended. The Contractor shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation shall be made available
to the Department for review upon request.
The Contractor agrees that, except with respect to the rehabilitation or construction of residential
property containing less than eight (8) units, all contractors engaged under contracts in excess of
$2,000.00 for construction, renovation or repair work financed in whole or in part with assistance
provided under this contract, shall comply with Federal requirements pertaining to such contracts and
with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3,
5 and 7, as may be amended, governing the payment of wages and ratio of apprentices and trainees to
journey workers; provided that, if wage rates higher than those required under the regulations are
imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if
any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full,
in all such contracts subject to such regulations,provisions meeting the requirements of this paragraph.
13. Compliance With Air and Water Acts:
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857, et. seq.;
the Federal Water Pollution Control Act, as amended, 33 USC 1251, et. seq.; and the regulations of the
Environmental Protection Agency ("EPA") with respect thereto, at 40 CFR 15, as may be amended from
time to time.
In compliance with said regulations, the Contractor shall cause or require to be inserted in full in all
contracts and subcontracts with respect to any non-exempt transaction thereunder funded with assistance
provided under this Agreement,the following requirements:
a. A stipulation by the contractor or subcontractors that any facility to be utilized in the
performance of any non-exempt contract or subcontract is not listed on the List of Violating
Facilities issued by the EPA pursuant to 40 CFR 15.20.
b. Agreements by the Contractor to comply with all their requirements of Section 114 of the Clean
Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control
Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act,
as amended (33 USC 1318), relating to inspection, monitoring, entry, reports, and information,
as well as all other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder.
41 of 55 pages
C. A stipulation that as a condition for the award of the contract, prompt notice will be given of any
notification received from the Director, Office of Federal Activities, EPA, indicating that a
facility utilized or to be utilized for the contract is under consideration to be listed on the EPA
List of Violating Facilities.
d. Agreement by the Contractor that he will include or cause to be included the criteria and
requirements in subparagraphs a through d of this Paragraph in every non-exempt subcontract
and requiring that the Contractor will take such action as the Federal Government may direct as a
means of enforcing such provisions.
In no event shall any amount of the assistance provided under this Agreement be utilized with
respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air
Act or Section 209(c) of the Federal Water Pollution Control Act, as may be amended.
14.Relocation Assistance and Acquisition of Real Property
The Contractor shall provide fair and reasonable relocation payments and assistance in accordance with
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and
the government-wide URA regulations at 49 CFR Part 24, to or for families, individuals, partnerships,
corporation, or associations displaced as a result of any acquisition of real property for an activity
assisted under the program.
The Contractor shall inform potential displaced persons of the benefits,policies and procedures provided
for under HUD regulations.
The Contractor shall carry out the relocation process in such a manner as to provide such displaced
persons with uniform and consistent services, including any services required to insure that the
relocation process does not result in different or separate treatment to such displaced persons on account
of their race, color,religion, national origin, age, sex, or source of income.
In acquiring real property, the Contractor should be guided by the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 as amended and the government-wide URA regulations
at 49 CFR Part 24.
15. Consolidated Plan
The Contractor, as parry to the Community Development Program, and as a participant in the Suffolk
County Consortium, acknowledges that it is contractually and otherwise legally bound per prior
resolution of its governing body to use its best efforts to ensure the carrying out of the goals of the
Consolidated Plan approved by HUD. The Contractor shall also be contractually and legally bound to
use its best efforts to ensure the carrying out of the Consolidated Plan which is currently in effect.
16. Displacement
This Agreement is subject to laws and regulations which require the implementation of a policy to
minimize the displacement of persons from their homes and neighborhoods and to mitigate adverse
42 of 55 pages
effects of such displacement on low and moderate income persons. In accordance, the Contractor shall
follow the Suffolk County Community Development Consortium Policy and Procedures, as may be
amended from time to time, on Displacement when implementing CDBG projects.
17. Books and Records of Accounting
The Contractor agrees that it shall keep and maintain separate books of account and records concerning
all costs incurred in the performance of this Agreement, and that it shall have available for audit and
inspection by the County or by authorized representatives of HUD, all the Contractor's facilities, books
and other financial and statistical data, whether related to the CDBG projects or otherwise.
The Contractor agrees to maintain or submit to the County, as individually required, the following data
or documents, or information to complete the following documents:
a. Project Description Forms
b. Environmental Survey
c. Demographic Survey
d. Budget Modifications
e. HUD/EEO-4 Employment Data Form
f. Minority Business Enterprise Report
g. Other data as may be required by HUD
18. Program Income
The County shall assign program income generated by the Contractor for the purpose of carrying out
eligible CDBG activities. All provisions of this Agreement shall apply to the use of program income
assigned to the Contractor by the County. The Contractor shall inform the County of all income
generated by the expenditure of CDBG funds received by the Contractor and to substantially disburse
assigned program income for eligible Community Development Activities before additional cash
withdrawals are made by the County from the U.S. Treasury for the same activity. The County will
require at the end of the program year, the remittance by the Contractor of all or part of any program
income balances (including investments thereof) held by the Contractor (except those needed for
immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum
drawdown, or cash or investments held for Section 108 security needs).
If a Contractor withdraws from the Suffolk County Consortium prior to the expiration of the
Cooperation Agreement between the Contractor and the County, all program income received and not
expended in accordance with this Agreement shall be due and payable to the County and the County
may terminate this Agreement as set forth in Paragraph 2, Article 3, entitled"Termination."
43 of 55 pages
19. Real Property
Real property acquired or improved in whole or in part using Community Development funds that is
within the control of the Contractor shall require the following actions:
a. The timely notification of the County by the Contractor of any modification or change in the use of
the real property from that planned at the time of acquisition or improvement including disposition;
b. Reimbursement of the County in an amount equal to the current fair market value (less any portion
thereof attributable to expenditures of non-Community Development funds) of property acquired or
improved with Community Development funds that is sold or transferred for a use which does not
qualify under the Community Development regulations; and
c. Return of program income to the County generated from the disposition or transfer of property prior
to or subsequent to the close-out, change of status or termination of the Cooperation Agreement
between the County and the Contractor.
20.Reversion of Assets
Any real property under the Contractor's control that was acquired or improved in whole or in part with
CDBG funds in excess of$25,000 shall be either:
a. Used to meet one of the national objectives in 24 CFR Part 570 until five (5) years after expiration
of this Agreement or termination of the Cooperation Agreement, or such longer period of time as
determined appropriate by the County; or
b. Disposed of in a manner which results in the County being reimbursed in the amount of the current
fair market value of the property less any portion thereof attributable to expenditures of non-CDBG
funds for acquisition of, or improvement to,the property.
21. Procurement of Equipment, Supplies and Materials
The procurement of equipment, services, materials and supplies shall be undertaken in accordance with
the requirements of 24 CFR 85, "Administrative Requirements for Grants and Cooperative Agreements
to Local Governments," as may be amended.
The Contractor shall maintain an inventory of non-expendable personal property in accordance with 24
CFR 85 and title to all the materials, appliances, and tools, purchased with funds provided under this
Agreement, shall vest in the Contractor and shall be used, managed and disposed of in accordance with
24 CFR Part 85.
22. Use of Federal Funds for Lobbying
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
44 of 55 pages
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract,grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative Contract,the Contractor shall complete and submit Standard
Form LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
The Contractor shall require that the language of this certification be included in the award for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose same accordingly.
23. Political Activities
The Contractor shall be governed by the provisions of the Hatch Act (5 USC 1501, et. seq.), as may be
amended, regarding employees'political participation.
24.Funding Identification
The Contractor shall keep the County apprised of any grants or sources of funding received for the
Program as and may retain any such funding that results in enhancement of services and does not
duplicate funding for the program covered by this Agreement. If the program covered by this is funded
in whole or in part by other governmental agencies, it is agreed that the funding by the County under this
Agreement shall be reduced or refunded to the County to the extent that such other funding duplicates
funding for the program covered by this Agreement.
25. Offset of Arrears or Default
The Contractor warrants that it is not, and shall not be during the term of this Agreement, in arrears to
the County for taxes or upon debt or contract and is not, and shall not be during the term of this
Agreement, in default as surety, Contractor or otherwise on any obligation to the County, and the
Contractor agrees that the County may withhold the amount of any such arrearage or default from
amounts payable to the Contractor under this Agreement.
26. Force Majeure
Neither party shall be held responsible for any delay or failure in performance hereunder to the extent
such delay or failure is caused by fire, flood, explosion, war, strike, embargo, civil or military authority,
act of God, act or omission of carriers, power failure or similar causes beyond its control ("force
majeure conditions"). If any force majeure condition occurs, the party delayed or unable to perform
shall give immediate notice to the other party.
End of Article VI
45 of 55 pages
s
Article VII
ENVIRONMENTAL REQUIREMENTS
CONDITIONAL APPROVALS ON USE OF FUNDS
Town of Southold
2014
1. Environmental Review Process
a. Prior to obtaining a release of funds from HUD ("Release of Funds") for the Contractor's CDBG
projects as set forth in Paragraph 3, Article I of this Agreement, entitled "Project Descriptions," the
Department must conduct an environmental review as set-forth in Part 58 of Title 24 of the Code of
Federal Regulations, as may be amended, for each of the CDBG projects contemplated by this
Agreement.
b. In order for the Department to conduct this environmental review, the Contractor must:
1) Provide the Department with all available project and environmental information on each
CDBG project contemplated by this Agreement;
2) Assist the Department in preparing an Environmental Assessment ("EA")to submit to HUD;
3) Assist the Department in preparing an Environmental Impact Statement ("EIS") to submit to
HUD; and
4) Refrain from undertaking any physical activities or choice limiting actions until HUD (or the
State, if applicable)has approved the release of funds for the CDBG projects.
c. Exempt or Categorically Excluded Projects
1) The Department may determine that some or all of the activities related to the CDBG projects
contemplated by this Agreement are exempt pursuant to 24 CFR 58.34. In such an instance,
the County will advise the Contractor, in writing, that it may commit funds for these activities
as soon as programmatic authorization is received.
2) The Department may also determine that that some or all of the activities related to the CDBG
projects contemplated by this Agreement are categorically excluded pursuant to 24 CFR
58.35, and therefore no EA or EIS will be required. In such an instance, the Department will
advise the Contractor, in writing, of its determination, in order that the Contractor may
commit funds for these activities.
d. Before any CDBG funds may be obligated or utilized,the Contractor must receive:
1) A written determination of exemption from the Department; or
2) A written determination that the CDBG project is categorically excluded; or
3) A HUD Release of Funds and a certification from the Department.
End of Article VII
46 of 55 pages
Exhibits
Exhibit 1 Public Disclosure (Department to Indicate Exempt or Non-Exempt
Exhibit 2 Union Certification (Department to Indicate Exempt or Non-Exempt )
Exhibit 3 Lawful Hiring
Exhibit 4 Certification Regarding Lobbying
Exhibit 5 Suffolk County Payment Voucher
Exhibit 6 County of Suffolk Consultant's Expense Summary
Exhibit 7 County of Suffolk Consultant's Time Summary
47 of 55 pages
a
Exhibit 1
INTENTIONALLY NOT INCLUDED
NOT APPLICABLE
(EXEMPT)
48 of 55 pages
Exhibit 2
Steven Bellone ,° f Samuel Chu
Suffolk County Executive Commissioner
SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING &CONSUMER AFFAIRS
P.O. Box 6100,Hauppauge,NY 11788-0099 (631)853-4600 FAX(631) 853-4825
UNION ORGANIZING CERTIF'ICATION/DECLARATION—SUBJECT TO AUDIT
If the following definition of"County Contractor"(Union Organizing Law Chapter 803)applies to tite contractor'slbeneficiary's
business or transaction with Suffolk County, the contractorlbeneficiary must complete Sections 1, III, and IV below. If the
folloNviug definitions do notapply,the contractoribeneficinry must complete Sections IF,III and IV below. Completed forms must
be submitted to the awarding agency.
County Contractor:"Any employer that receives more than$50,000 in.County finds for supplying goods or services pursuant to a'written
contract with the County of Suffolk or any of its agencies;pursuant to a Suffolk County grant;pursuant to a Suffolk County program;
pursuant to a Suffolk County reimbursement for seivices provided in any calendar year;or pursuant to a subcontract with any ofthe above."
Section i
The T3uion Organizing Law applies to this contract.Ifwe hereby agree to complytvith all the provisions of Suffolk County
Local Law leo.26-2003,fire Suffolk County Union Organizing Law(tire law)and,as to the Qoods and/or services that are
tine subject of the contract with the County of Suffolk shall root use Comity finds to assist,pronate, or deter union
Check if organizing(Chapter 803-0,icor seek.reimburseinent from.the Coiurty for costs incurred to assist,promote,or deter union.
Applicable organizing.
I/we further agree to take all action necessary to ensure that County fiords are not used to assist,promote,or deter union
organizing.
Uwe further agree that Uwe will not use County property to hold meetings to assist,promote,or deter union organizing.
Itwe further agree that if any expenditures or costs incurred to assist,promote,or deter union organizing are made.
Uwe shallmaintain records sufficient to show that no County fluids were used for those expenditures and,as applicable,that
no reimbursement from County funds has been sought for such costs. Uwe agree that such records shall be made available
to the pertinent County agency or authority,the County Comptroller.,or the County Department of Law upon request.
I/we further affirm to the following as to the goods and/or services that are the subject of the contract with the County of
Suffolk:
* I/►,tie will not express to employees any false or misleading fnfonuation that is intended to influence the
determination of employee preferences regarding union representation;
• Ihve will not coerce or intimidate employees,explicitly or.implicitly,in selecting or not selecting a bargaining
representative;
• Ihve will not require an employee,individually or in a group,to attend a meeting or an event that is intended to
influence his or her decision in selecting or not selecting a bargaining representative;
• Uwe understand my/bur obligation to limit disniptions caused by pre-recognition labor disputes throughthe
adoption ofnon-confrontational procedures for the resolution ofpre-recognition labor disputes with employees
engaged in the production of goods or the rendering of services for the County;and
• Uwe have or will adopt any or all of the above-referenced procedures,or their functional equivalent to ensure the
efficient;timely,and quality provision of goads and services to the County. Ifwe shall include a list of said
procedures in such certification.
Section II.
❑ The Union Organizing Law does not apply to this contract for the following reason(s):
Check if
Applicable
49 of 55 pages "`
Section III
ConhactorName: D(,CJ9Z O'"-P �OL(��rOCC.� FederalEmployerIDg: j[—��/
Contractor Address: — �X ( rj(�� p Aniount of Assistance: f7 ,510�00
AV c� ((9 7!/—O lY Vendor#:
Contractor Phone it:
Description of project or service: 520
Section IN,
In the event any part of the Union Organizing Law, Chapter 466 of the Laws of Suffolk Comity,is found by a court of competent
jurisdiction to be preempted by federal ancUor state law,this certification/declaration shall be void a&initio.
Section V
I declare unde halty ofper ury under the Lav m of the State.ofNew York that the undersigned is authorized to provide this certification,
and that the ve is true a d correct,
��wb
to
Airtliorlz4 Signature Date
Print Name and Title of Authorized RelfreseirEtivel
DOL-LOI 3/13
• SUFFOLK COUNTY DEPARTMENT OF LABOR,LICENSING & CONSUMER AFFAIRS
NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW
(8 U.S.C. SECTION 1324A)
WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES
VERIFICATION OF SUBMISSION OF LAWFUL HIRING OFEMPLOYEES
Suffolk County Code, Chapter 353 (2006)
To Be Completed By The Local Law Compliance Unit
DATE: AuLyust 20, 2014
TO: Jill Rosen-Nikoloff, S.C. Dept. of Economic Development and Planning
FROM: Brenda anberg, Director
PHONE #: 631 53-3808
EMPLOYER: Town of Southold
VENDOR#: 11-6001939 REF.: Community Development Block Grant
You are hereby notified that the submission from Town of Southold has been received by
the Local Law Compliance Unit of the Suffolk County Department of Labor, Licensing &
Consumer Affairs. We find that this submission is complete and is in compliance with the
requirements set forth by the Suffolk County Lawful Hiring of Employees Law (Local Law
#52-2006).
LHE-3
(Revised 2/13)
Exhibit 4
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cbppa pennlbre tooal,State arld�,� de Or4,
letsre b,odtesn°cnnecto .
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mod lea rent. . ...
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l it State, rttt � � :: �a r cgislatlue 6c�dlss In connection.with this contract,grant,
loan or 000psra aerient� raiirt3i +nid still complete and submit Standard Form LLL,`l l efio r ; orn`i`tri Ri porE l b trig to r rt ;u i tr Its In t(uctlo r
h rner ned l al req rre#list"tba tang a a ��i tib of be trrcl�rde tot_
dor i ent fd ll ba ardsatall;tlarsf cludin gorstract r rrtsm rxct'corOsand
rr s,loa e, r open o r it rrt ):4fid hat atl' ubre t r r rat&terry and Isc sr*
'I" r . rtitt �oIs iateal e � pn itrpi�n� l - lrs€nr was plce often tbss,trarsa �;
as;:nna o o an 161' . ibr is for o tbi , r i c frpp r a pr ur Atte for akar i enti�ns r t 'fibs
tratsarori±rnpo �Sat�on2, t rt 1 k IS #o�t �e clred art. #all,be
se tct tcciyfl penpC� ttp l=edaal otnlertt of nct etiri 1 , . t3rii ;nt nit ttt; t, ,t3t3€3,fpr
,each srac tsrlttre
A�rprtt Nttikier� ..� .`:y.-
Name.
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r_m w 1(
52 of 55 pages
Exhibit 5
l� t?L GC}lt 't'Y t�AYM �i VC3U 9ER
C Comm: ,P ym €itStPticxir :Ees{MSaSiCikEt+�{lnU "fin;gftB,,Ctate
•. i�pt AtEdtx�a � "�
S3n�c,�Chet }x '�ctIttrCotT�xTt�) Accuvnhkrt;Pcnosl{mm+'vJ`�`�u���°� L7ae�ttnertc'Ikttai{tt4clu�Ts.C4ot�}-, '
l rid4c h tc` k5?Iaett ;,AWi mlt Adtitif efeffcrcnt}
Gr lr tubi :Sn4�steieirk £rias: iovoi Put. mhi
{Q2) £eH{7}�umbx�kX131.tsS2t , .,{�J In#t t2} {eW obi 7�b,? "C, {�j: PCm3{tpgtuka XuniNm{72} !
;
12evgtj SSllcct{k?" "> tiptlua{ir? AreauattaaclttdrCcnkg} " T.{D Elf
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D t C EktTfFICATI4N I&seEsy; tttty t!s t xh roaC rtaRv bavt MYSE CEMFTCr TtQ"t t tea fy that the above expWitun.c are f est,
� [�iettb,�s�En v�etvcwk tay.uic to beC�rjrristeoa Yvltttciut Set#�ucutte�Thr � etas and. ece tF�at ui�kxut dtencs!'ira,lx�a Pail!r.Ycrpt'aa vw�.d.that�
sczv�rsuRcts�t �aeer:�d Uzi tlp[t tt�quaia2s�a€hsaf Cr++�kin var%t�e<C lrxitaztec��artunE?ytlntKard+mur w that t�acr�"El'�m which thr arty"a�
nna3tdsd�tttetxtz�rk'dt�.repata�tsane�ted�tteEp�ryttrcn(t��F�ttt�cw1 cu�torresckttrdcv�nndch�c9St�vv5rc��dsrudare��aat�tthaa�+utththr
Ftwr� ttf t t CalLatw 3rk97 a @ctttcf ut Etts p�} sas3ruets�tt fan'
SM�aNEtI+ "- ,,�RT�` °" 31'fLE; PARE SI�Nl�TIfR� TITLE iV�ti+l1E e:tF:�OMPAt+Ik"'
FOrm Pli ggeqOt Ataait$G it ti i Copy 1 atm tAtcauriiittg a 0 srsa
53 of 55 pages
r
Exhibit 6
ODUiNITOFSUUOLK
RI+PARli)BNTOFAU'DIT&CONTROL-FOO &CIO9
CONSULTANMANS, PERMUMMOI, I' QA
16 10 �Pl 3 15 16 AMOM
an Ito -pi
�i�,SsailorBu
�1I'iP3 -
t
+ S or
I
t
}
TOTA IMMSM MIIUANT ME
UMD SIG:M
54 of 55 pages
Exhibit 7
CQIlM OPS NIK
+COUNSU"l T,tM'CS4IESUA'.IS RY
DEPARTi Ur(W AMT&CONMOL-POMI A&C 14S
COMUL'TANT"S +AME PRJOD BEGIRRWO MOD WMG
t2 3 5 ! i0 11 12 t3 114 15 16 TOTAL RATE TOTAL
Name of Staf N etnhe 17 1S 19 0 1 4 G 19 Q 31 OUPS is Du
I
I
I
I
S
TOTALUM UNABLECONSG'UTM 1`ME;
AUTHOMEDSIGNA`CC
55 of 55 pages