HomeMy WebLinkAboutDARE Program ®� RESOLUTION 2014-983
ADOPTED DOC ID: 10380
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2014-983 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 16,2014:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the County of Suffolk Youth
Bureau and the Town of Southold, in the amount of$20,500.00,for the term Jan
014
through December 31,2014,in connection with the DARE Pro subject to the ' 1,approval
the Town Attorney. approval of
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS)
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans,Justice
AYES: Ghosio,Dinizio Jr, Ruland, Doherty,Evans,Russell
Rev. 10/24/2014;Law No. 14-YO- IFMS SCSEXE 0000000
Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1
Contract
This.Contract("the Contract") is between the County of Suffolk("the County"), a municipal
corporation of the State of New York, acting through its duly constituted Youth Bureau ("the Department"),
located at the H. Lee Dennison Building—3'd Floor, 100 veterans Memorial Highway,Hauppauge,New York
(Mailing Address: Box 6100,Hauppauge,New York 11788-0099); and
Town of Southold ("the Contractor"),a Municipal Corporation having an address at 53095 Route 25,
Southold,New York 11971.
The Contractor has been designated to receive funds from the County for Juvenile Delinquency
Prevention ("the Services") as set forth in Article I, entitled "Description of Services and Budget."
Term of the Contract: January 1, 2014 through December 31,20.14
Total Cost of the Contract: Shall not exceed$20,500.00,to be paid as set forth in Articles I and V attached.
Terms and Conditions: Shall be as set forth in Articles I through V, attached hereto and made a part hereof.
In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below.
Town of Southo
COUNTY OF SUFFOLK
By: By;
Name: Dennis M. Cohen
Title: rc.,� ���p Chief Deputy County Executive
Fed.Tax ID#: — ®0 Date:
Date ' 3 I
llq <-! P'p-Z��hereby Approved:
certifies"der Penalties of PeJmy that I am an officer of Department
!J b
flu
ve read and I am familiar with§AS-7 of . By:
Article V of the Suffolk County Code,and that
W A , � <- Name:Roderick A.Pearson
meets all requirements to qualify for exemption Title:Executive Director
thereunder.
Date
Name Date/2
Approved al to Form:
Dennis M.Brown
County Attorney
By:
Patricia M.Jordan
Assistant County Attorney
Date
Page 1 of 24 Y01-State
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Youth Bureau Line Item/Omnibus Grant(State) Pseudo Coddee
P
SEXE
List of Articles
Article I
Description of Services and Budget
Article IA
Department Specific Provisions
Article II
Definitions
Article III
General Terms and Conditions
Article IV
Suffolk County Legislative Requirements
Article V
General Fiscal Terms and Conditions
Page 2 of 24 Y01-State
' oCFs-M(Rev.1=00m
NEW YO TS
OFFICE OF CHILDREN AND STATE*
SERVICES
INDIVIDUAL PROGRAM APPLICA77ON
Sporao�,a Agency Summary
Implementing Agency. J'�1'(-0 L Total Program
Budget $ o � (100�it)
Program TRId: ' Qe�� OCPS Funds
�Wci►Street t—� Requested $ (I U ( ' °6 of Total
Address: Q V30 J � "Youth Bureau
•Youth Affacded
Bureau Only
ataiaaa: Cods:
Federal IA; �.(� - zipPeriod of Actual
Program Operation.
. Charities Rsg.� � FROM � .
DAWTO
�t f
Hours of Operation
FROM � TO
0 D
wee*
C e.Dimer Board Cha)rperson ?
er
\30
c 2� Wit. ? •{ 'j —t'gL
NU(f�tcTt FAX NUMBER
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WTNAME
siorrp►TURB
-SCd X30 L -aJ,,.J Rc�i2 �y v�
EMAL'A11188,181 WNBStrE(IFAPPLtCABit:) ,
CONTACT.PERU �G•t'�• �1�� �� .r'—S�d �p
'ME 'BEEP" NUMBER
EMALADDRE88
II ` FAX NUMBER
�'FI16CAL OFFFMER.0 tel / �b my PTT d L L
ICETm E TELEPHONE NUMBF,@�—
mrAnAODRE
FAX NUMBER
The Agency W ❑Private,Not for Profit Pubtic
�R loos Co=rmbh
Most Signit a tt(3 Ma)dmwn) AenR+bgr NYs 8eirate Lova! Ctgt t:oanett
Type Address(attest; 51814.Zip) Dlsl.Na Dft Na PtaWa Bd 01%
— 14dam aw wo Afts
MUNICIPAL AGENCIES ONLY
Check if ❑Joi+1t Program ❑Purchase of Service
1• specify Program Code and Name of Other Participating Municipalities:
2• Is the attached Program Total Budget(Form OCFS-3107)a combined budget for an participating municipdUes? 0 Yes ❑No
r
OCFS3107 ot 0312002}FRONT xl
NEW YORK STATE �,j S
OFFICE OF CHILDREN AND FAM LY SERVICES
PROGRAM'BUDGET
'APPENDDCB
PROGRAM GOOF
r
• COMTZACT'NUMBER:
• 4GEPICY/1NUMCIPALFi'.-• I O u!r.J O �
PROGRAM?rME: -, _ / •-~—..
Pi:RSONAL SERVICES: '
POSRIONTIILE RATE OF BASE TMXOCFSPROGRAMAMOUN'IM ALOGFEFSINQSR
PAY py BW FDR
• - �• iDTALBAIA�ANDWA� "$ �_. .. .
. TOT71L $ ,..
ToTAL PFRSomAL SERVICES(9)
COICRACUPS>SWICES AND STiPEtM ,
TY?EOFS�tVItb�iCaNStlI,TAN7Ti[i� RATEOF SASE 'TOTALObFSPROGRAMAT '
PAY.
$ ti
TOTAL CONTRACTED SERVICES(2)
TQTAL MAINTENANCE&OPERATION(3): . $ $
LIST EdUIPMEN TTO BE PbkCkASED OR REN'ED:
(UNIT COST OVER 5200 AND LIFE EXPECTANCY OF OVER TWO YEARS)
FACIUTY REPAIRS .
PROGRAM SITEADDRESS
TOTAL FACILITY t#EPAIRS.(4) $• S
TOTAL OCFS PROGRAM AMOL)NT
G' TOTAL OCFS FU DS REQUESTED S l
LIST OF OTHER FUN6wG SOURCES $ REIMBURSABLE TOTAL
$ MUNICIPAL FUNDING
$ OTHER SOURCES
•USEANASTER/SKWrW7HEftURESuS7wMM MPY*I=ffWSMRWHMocFsRemsURs&4WjSNDTBEINGREQIIESm
Southold Town Police Juvenile Aid Bureau yl
The Southold Juvenile Aid Bureau is responsible for the investigation of crimes
committed by juveniles and providing resources and referrals to parents. In
addition the JAB enhances community relations and provides significant
education and training throughout the Town. Its resources are available to any
citizen of Suffolk County.
The Department's trained JAB officers work closely with Southold Town schools,
acting as liaisons between the school and our local police department. Officers
provide instruction of the Drug Abuse Resistance Education program (D.A.R.E.)
within sik elementary schools that trains over 300 students. Additionally, the JAB
officer provides alcohol, drug, crime prevention, DWI programs, summer day
camp education, finger printing, pre-K "stranger danger" instruction, pre-prom
safety lectures, assists school counselors, addresses community groups and
provides classroom lectures to Driver's Education classes.
The JAB officer also serves on the Southold Town Youth Bureau Board and
works with the Southold Town Youth bureau to provide programs for the youth of
Southold Town. In addition the JAB officer conducts training for local community
groups such as Boy Scouts and Girl Scouts. The JAB also coordinates job
shadow with local high school students and tours of Police headquarters.
Approximately 600 students are engaged through the programs and services
offered through the Southold Juvenile Aid Bureau.
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SEXE
Article I
Description of Services and Budget
Whereas,pursuant to Resolution No. 757-2014,the Contractor has been identified in the amended 2014
Suffolk County Adopted Budget under the pseudo code as listed on page one of the Contract to perform the
Services for the Department; and
Whereas,the Department desires to have the Contractor provide a Juvenile Delinquency Prevention Program;
and
Whereas,the Contractor agrees to provide such a program to the County;
Now therefore,in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto
agree as follows:
1- Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2• Reimbursement
The Contractor understands that reimbursement to the County for expenditures incurred by the
Contractor is premised on Federal and State statutes,law or re
gulations. In Contract,the Contractor shall cooperate with the Department and submit any and call form,doc���t� s
and reports as may be requested by the Department and/or pursuant to the applicable State and Federal laws and
regulations.
3• Withholding of Payment
If the Contractor fails to comply with County or State requirements, the Department may withhold the
payment of funds due under this Contract after sending notice of such action to the Contractoruntil such time as
the Contractor has satisfactorily complied with such requirements. Late submissions of claims that preclude the
Department from claiming State reimbursement will not be honored.
4• Legislative Designated Funding Application; Description of Services
(See 2-3 Pages Following, As Applicable)
' Remainder of Page Intentionally Left Blank
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ARTICLE I
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Article IA
Department Specific Provisions (2) Contractor Letters
1• Certificate of Incorporation;Board Meetings The Contractor agrees to An to the
County letter(s)regarding all personnel
a• The Contractor shall furnish the Department with to be hired for the Services. The
certified copies of its Certificate of Incorporation letter(s)shall include,but not be
and by-laws,including any amendments thereto, limited to:
at the time it signs this Con'traat,to the extent not
already on file with the Department,and any i•) The specific tasks to be
amendments thereto during the term of this performed by the individual
Contract promptly upon their adoption,and a list employees during the course
of the board members governing the Contractor of the Services.
from time to time. The contractor shall not
dissolve any existing corporation or establish any ii•) Salaries and hours to be
new corporation with the responsibility for the worked by the individual
operation of the program without the prior employees during the course
written approval of the Department. of the Services.
b. Minutes of the Contractor's annual board (3) County Approval
meeting and one other board meeting,no longer
than six(6)months thereafter,should be The County reserves the right to
forwarded to the Department within two(2) approve principal services personnel
weeks after the conclusion of the meetings. proposed by the Contractor at the time
of entering into this Contract. Reasons
2• Contractor's Staff for the County not approving said
personnel shall be for lack of
a. Prior Approval qualification or lack of demonstration
by the Contractor that said proposed
The Department shall have the right to prior personnel will not have a deleterious
effect on the proper and efficient
approval of the filling of any position now vacant operation of the Services.
or hereafter becoming vacant and may,in the
exercise of that right;promulgate reasonable (4) Job Descriptions,Qualifications
regulations involving position control which p • 'Q
shall,when promulgated,be deemed to be The Contractor will nominate to the
incorporated by reference in and be made part of Department a Service director chosen
this Contract. on the basis of the job description
b. Current Procedures below. The Department shall review
such nominations and may confirm
1( them. Other staff positions provided) Resumes for in this Contract will be filled in
The Contractor,at its own expense, accordance with written job.
descriptions as provided below.
agrees to famish to the Department Employment of any staff member under
resumes of all personnel to be hired for the terms of this Contract shall be
the Services referred to in this Contract, subject to ongoing review for
prior to their being hired. Resumes competency and aptitude of the staff
shall include;but not limited to: member by the Department or its
i.) Previous job title(s)of the designees.The Department may
recommend dismissal or suspension of
individual employee and the any staff member under this Contract.
length of employment under
each title;and/or (5) Service Director
Previous experience and i.) Qualifications: Graduation
length of previous experience from an accredited college
with a task or tasks similar or and/or university with a
equal to the Services. Master's Degree in Social
Work;or a Bachelor's
Degree(4-year college
4 of 24 pages Y01-State
ARTICLE IA,
,
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Yeath Bureau Line Item/Omnibus Grant(State) IFMS SCSEXE
Pseudo Code
degree)plus 2 years
experience in Human Witten records and reports of
Services. work accomplished;shall
demonstrate ability to learn,
if.) Duties: Responsible for ability to relate successfully
overall Service;hires and to clients and community,
fires staff,chairs youth and capacity for development
advisory committee; in professional use of self in
administers and directs all relationships.
Contractor Services;is 3. Human Services Division Technical
responsible to Board of Training Assistance and
Directors of the Cbntractor
and has immediate charge of a.
and responsibility for the The Contractoragrees to participate in the
Services;renders direct Human Services Division Technical Assistance
services to clients as and Training Program. Such agreed Participation
required;selects,trains and
will include staff training on the topic of
HN/AIDS and not more than three 3
supervises program aides, ( )days-per-
nonprofessional staff and Year attendance at training on topics that may
volunteers;has charge of include,but not be limited to,contract financial
Petty cash account;make reporting,the setting of service goals and
Purchases and expends funds objectives,and service development
under the direction of the b. The Contractor may participate,at its election,in
treasurer of the corporation
or such other officers as the any additional training made available by the
Board of the corporation may Human Services Division.
direct
End of Teat for Article IA
(6 Youth Worker
i•) Qualifications:Bachelor's
Degree(4-Year college
degree from an accredited
college).
Duties: Provides counseling,
group work services,and
Professional supervision in
lounge activities,is
responsible to the Service
director. Also shall keep
written records and reports of
work accomplished;shall
demonstrate ability to learn,
ability to relate successfully
to clients and the community,
and capacity for development
in professional
use of self in relationships.
(7) Service Aides
i•) Qualifications:High School
Diploma and preferably some
paid experience in youth
work.
Duties:Report to Service
director,shall carry out
assignments as
paraprofessionals;shall keep
5 of 24 pages Y01-State
ARTICLE IA
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Youth Bureau Line Item/Omnibus Grant(State) IFMS SC
Pseudo Code
Insurance as its lawful agent for service of
Article H process;or
Definitions
d. the Contractor's failure to comply with any
I• Meanings of Terms Federal,State or local law,rule,or regulation,
As used herein: and County policies or directives;or
e• the Contractor's bankruptcy or insolvency,or
"Audit of Financial Statements"means the examination by
the Comptroller and any Federal or State auditing authority of f. the Contractor's failure to cooperate in an Audit
the financial statements of the Contractor resulting in the of Financial Statements;or
publication of an independent opinion on whether or not those
financial statements are relevant,accurate,complete,and fairly g• the Contractor's falsification of records or
presented reports,misuse of funds,or malfeasance or
nonfeasance in financial record keeping arising
"Budget"means the Contractor's summary or plan of all out o4 or in connection with,any contract with
intended revenue,whether received in the form of fees,grants, the County;or
County funding,or any other source,and expenditures necessary to
render the Services. h. the Contractor's failure to submit,or failure to
timely submit,documentation to obtain Federal
"Budget Deficiency Plan"means an analysis of the cost of the or State funds;or
Services,changes in fiscal conditions,and required modifications to
the Contract to continue to render the Services. i• the inability of the County or the Contractor to
obtain Federal or State funds due to any act or
"Comptroller"means the Comptroller of the County of Suffolk omission of the Contractor,or
"Contract"means all terms and condition's of this Contract forming j• any condition that the County determines,in its
all rights and obligations of the Contractor and the County. sole discretion,is dangerous.
"Contractor"means the signatory corporation,its officers,officials, "Federal"means the United States government,its departments,and employees,,agents,servants,sub-contractors,and any successor or agencies.
assign of any one or more of the foregoing performing the Services. „
. Fringe Benefits"means non-wage benefits which accompany,or
"County"means the County of Suffolk,its departments,and are in addition to,a person's salary,such as paid insurance,sick
agencies. leave,profit-sharing plans,paid holidays,and vacations.
"County Attorney"means the County Attorney of the County of "Fund Source"means any direct or indirect sum payable to the
Suffolk Contractor by the County pursuant to any lawful obligation.
"Department"means the signatory department "Legislature"means the Legislature of the County of Suffolk
Contract p approving the
"Management Letter"means a letter certified as true by the
"Engineering Services"means the definition of the practice of Contractor's certified public accountant or chief financial officer of
engineering and the definition of practice of land surveying,as the findings and recommendations for improvements in internal fiscal
case may be,under Section 7201 and Section 7203 of the State control that were identified during an Audit of Financial Statements,
Education Law,respectively. but which were not required to be included in an audit report.
"Event of Default"means "Municipal Corporation"means a town,village,or school district
a• the Contractor's failure to perform any duty "Services"means all that which the Contractor must do,and any part
required of it under paragraphs 1(b)-(e)of thereof arising out o&or in connection with,the Contract as
Article III of the Contract;or described in Article I"Description of Services."
b• the Contractor's failure to maintain the amount "State"means the State of New York
and types of insurance with an authorized insurer "Statement of Other Contracts"means a complete list of all other
as required by the Contract;or contracts under which money has been or will be paid to the
C. the Contractor's failure to maintain insurance Contractor from the County,Federal,or State governments,or a
required by the Contract with an insurer that has Municipal Corporation,and(i)which are currently in effect or(ii)
designated the New York Superintendent of Which have expired within the past twelve(12)months and have not
been renewed.
6 of 24 pages Y01-State
ARTICLE H
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Pseudo Coddee
"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. Wow importing persons shall include firms,associations,
partnerships(including limited partnerships),trusts,corporations,
and other legal entities,including public bodies,as well as natural
persons,and shall include successors and assigns.
Capitalized terms used,but not otherwise defined,herein,shall have
the meanings assigned to them in the Contract.
End of Text for Article II
7 of 24 pages Y01-State
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SEXE
Article III
General Terms and Conditions the Contractor shall not be reimbursed for
the Services rendered after.the effective date
1• Contractor Responsibilities of termination of such license. Without
limiting the generality of the foregoing,if
a• Duties and Obligations any part of the Contract remains to be
performed,and the termination of the
f.) It shall be the duty of the Contractor to licensedoes not affect the Contractor's
discharge,or cause to be discharged,all of ability to render the Services,every other
its responsibilities,and to administer funds term and provision of the Contract shall be
received in the interest of the County in valid and enforceable to the fullest extent
accordance with the provisions of the permitted by law.
Contract.
d• Documentation of Professional Standards
ii.) The Contractor shall promptly take all
The Contractor shall maintain on file,in one
action as may be necessary
�'to render the location in Suffolk County,all records that
demonstrate that it has complied with sub-
"0 The Contractor shall not take any action that Paragraphs(b)and(c)above. The address of the
is inconsistent with the provisions of the location of the aforesaid records and documents
Contract. shall be provided to the County no later than the
date of execution of the Contract. Such
IV.) Services provided under this Contract shall documentation shall be kept,maintained,and
be open to all residents of the County. available for inspection by the County upon
• twenty-four(24)hours notice.
b• Qualifications,Licenses,and Professional
Standards e• Credentialing
The Contractor represents and warrants that it 1•) In the event that the Department,or any
has,and shall continuous)y possess,during the
division thereof maintains a credentialing
Tenn,the required licensing,education, Process to qualify the Contractor to render
knowledge,experience,and character necessary the Services,the Contractor shall complete
to qualify it to render the Services. the required credentialing process. In the
event that any State credential,registration,
The Contractor shall continuously have during certification or license,Drug Enforcement
the Term all required authorizations,certificates, Agency registration,or Medicare or
certifications,registrations,licenses,permits,and Medicaid certification is restricted,
Other approvals required by Federal,State, suspended,or temporarily or permanently
County,or local authorities necessary to qualify revoked,it is the duty of the Contractor to
it to render the Services. contact the Department,or division thereof;
as the case may be,in writing,no later than
C. Notifications three(3)days after such restriction,
suspension,or revocation.
i.) The Contractor shall immediately notify the
of any disciplinary
County,in writing, ii.) The Contractor shall forward to the
Department
Proceedings,commenced or pending;with t,or division thereof;as the case
any authority relating to a license held by may be,on or before July 1 of each year
any Person necessary to qualify him,her,or during the Tenn,a complete list of the
the Contractor to perform the Services. names and addresses of all persons
providing the Services,as well as their
ii.) In the event that a person is no longer respective areas of certification,
licensed to perform the Services,the credentialing,registration,and licensing.
Contractor must immediately notify the
County,but in no event shall such L Engineering Certificate
notification be later than five(S)days after a
license holder has lost the license required In the event that the Contract requires any
iqualify the license holder or the Engineering Services,the Contractor shall submit
to the County,no later than the due date for
Contractor to perform the Services.
submission for approval of any engineering work
iii.) In the event that the Contractor is not able to product,the Certificate of Authorization
Perform the Services due to a loss of license, ("Certificate"),issued pursuant to§7210 of the
New York Education Law,of every person
8 of 24 pages Y01-State
ARTICLE III
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Performing any Engineering Services. The
failure to file,submit,or maintain the Certificate rights set forth in paragraphs 1(c)(iii)and 8
shall be grounds for rejection of any engineering of this Article M.
work product submitted for approval. 3. Indemnification and Defense
2. Termination
a. The Contractor shall protect,indemnify,and hold
a. Thirty Days Termination harmless the County,its agents,servants,
officials,and employees from and against all
The County shall have the right to terminate the liabilities,fines,penalties,actions,damages,
Contract without cause,for any reason,at any claims,demands,judgments,losses,suits or
time,upon such terms and conditions it deems actions,costs,and expenses caused by the
appropriate,Provided,however,that no such negligence or any acts or omissions of the
termination shall-be effective unless the Contractor,including reimbursement of the cost
Contractor is given at least thirty(30)days of reasonable attomeys'fees incurred by the
notice. County,its agents,servants,officials,and
employees in any action or proceeding arising out
b. Event of Default,Termination on Notice of,or in connection with,the Contract.
i.) The County may immediately terminate the b. The Contractor hereby represents and warrants
Contract,for cause,upon such terms and that it will not infringe upon any copyright in
conditions it deems appropriate,in the Event Performing the Services. The Contractor agrees
of Default. that it shall protect,indemnify,and hold harmless
the County,its agents,servants,officials,and
ii.) If the Contractor defaults under any other employees from and against all liabilities,fines,
Provision of the Contract,the County may penalties,moons,damagM claims,demands,
terminate the Contract,on not less than five judgments,losses,suits or actions,costs,and
(5)days notice,upon such terms and expenses arising out of any claim asserted for
conditions it deems infringement of copyright,including
appropriate. reimbursement of the cost of reasonable
C. Termination Notice attomeYs'fees incurred by the County,its agents,
servants,officials,and employees in any action or
Any notice providing for termination shall be Proceeding arising out of or in connection with
delivered as provided for in paragraph 26 of this any claim asserted for infringement of copyright.
Article III.
C. The Contractor shall defend the County,its
d. Duties upon Termination agents,servants,officials,and employees in any
Proceeding or action,including appeals,arising
1.) The Contractor shall discontinue the out oi;or in connection with,the Contract,and
Services as directed in the termination any copyright infringement proceeding or action.
notice. Alternatively,at the County's option,the County
may defend any such proceeding or action and
ii.) Subject to any defenses available to it,the require the Contractor to pay reasonable
County shall pay the Contractor for the attorneys fees or salary costs of County
Services rendered through the date of employees of the Department of Law for the
termination. defense of any such suit.
UP The County4. Insurance
is released from any and all
liability under the Contract,effective as of a. The Contractor shall continuously maintain,
the date of the termination notice.
during the Term of the Contract,insurance in
iv.) Upon termination,the Contractor shall amounts and types as follows:
reimburse the County the balance of any Commercial General Liability insurance,
funds advanced to the Contractor by the
County no later than thirty(30)days after including contractual liability coverage,in
termination of the Contract The provisions an amount not less than Two Million
of this subparagraph shall survive the Dollars($2,000,000.00)per occurrence for
expiration or termination of the Contract. bodily injury and Two Million Dollars
($2,000,000.00)per occurrence for property
V.) Nothing contained in this paragraph shall be damage. The County shall be named an
construed as a limitation on the County's additional insured.
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ii.) Automobile Liability insurance(if any non-
owned or owned vehicles are used by the policy evidencing compliance with the aforesaid
Contractor in the performance of the insurance requirements.
Contract)in an amount not less than Five
Hundred Thousand Dollars($500,000.00) t: All evidence of insurance shall provide for the
Per person,per accident,for bodilyinjury County to be notified in writing thirty(30)days
and not less than One Hundred Thusand Prior to any cancellation,nonrenewal;or material
Dollars($100,000.00)for property damage change in the policy to which such evidence
per'occurrence.The County shall be named relates. It shall be the duty of the Contractor to
an additional insured. notify the County immediately of any
cancellation,nonrenewal,or material change in
iii.) Workers'Compensation and Employer's any insurance policy.
Liability insurance in compliance with all
applicable New York State laws and g• In the event the Contractor shall fail to provide
regulations and Disability Benefits evidence of insurance,the County may provide
insurance,if required by law. The the insurance required in such manner as the
Contractor shall furnish to the County, County deems appropriate and deduct the cost
to its execution of the Contract,the prior thereof from a Fund Source.
documentation required by the State of New h. If the Contractor is a Municipal Corporation York Workers'Compensation Board of rp and
coverage or exemption from coverage has a self-insurance program under which it acts
Pursuant to§§57 and 220 of the Workers' as a self-insurer for any of such required
Compensation Law. In accordance with coverage,the Contractor shall provide proof,
General Municipal Law§108,the Contract acceptable to the County,of self-funded
shall be void and of no effect unless the coverage.
Contractor shall provide and maintain
coverage during the Tern for the benefit of 5' Independent Contractor
such employees are required tobe
orkers'
covered by the Provisions of the WoThe Contractor is not,and shall never be,considered an
Compensation Lava. employee of the County for any purpose. Notwithstanding
anything contained in this Contract,the Contract shall not
iv.) Professional Liability insurance in an be construed as creating a principal-agent relationship
amount not less than Two Million Dollars between the County and the Contractor or the Contractor
($2,000,000.00)on either a per-occurrence and the County,as the ease may be.
or claims-made coverage basis.
6• Severability
b. The County may mandate an increase in the
liability limits set forth in the immediately It is expressly agreed that if any term or provision of this
Preceding paragraphs(4)(a)(i),(ii),and(iv). Contract,or the application thereof to any person or
circumstance,shall be held invalid or unenforceable to any
G All policies providing such coverage shall be extent,the remainder of the Contract,or the application of
issued by insurance companies authorized to do such term or provision to persons or circumstances other
business in New York with an A.M.Best rating than those as to which it is held invalid or unenforceable,
of A-or better. shall not be affected thereby,and every other term and
Provision of the Contract shall be valid and shall be
d• The Contractor shall furnish to the County,prior enforced to the fullest extent permitted by law,
to the execution of the Contract,'declaration
Pages for each policy of insurance,other than a 7' Merger;No Oral Changes
Policy for commercial general liability insurance,
and upon demand,a true and certified original It is expressly agreed that the Contract represents the entire
COPY of each such policy evidencing compliance agreement of the parties and that all previous
with the aforesaid insurance requirements. understandings are herein merged in the Contract No
modification of the Contract shall be valid unless in written
e. In the case of commercial general liability form and executed by both parties.
insurance and business use automobile insurance, S. Set-Off Rights
the Contractor shall furnish to the County,prior
to the execution of the Contract,a declaration
page The County shall have all of its common law,equitable,
Page evidencing
idencing the County's status as an insuring agreement and endorsement and statutory rights of set-off. These rights shall include,
but not be limited to,the County's option to withhold from
additional insured on said policy,and upon a Fund Source an amount no greater than any sum due and
demand,a true and certified original copy of such owing to the County for any reason. The County shall
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exercise its set-off rights subject to approval by the County nature. No funds received pursuant to the Contract shall be
Attorney. In cases of set-off pursuant to a Comptroller's
audit,the County shall only exercise such right after the used for sectarian purposes s further the advancement
finalization thereof;and only after consultation with the of any religion. The Services will be available to all
County Attorney. eligible individuals regardless of religious belief or
affiliation.
9. Non-Discrimination in Services
. 11. Governing Law
a• The Contractor shall not,on the grounds of race, The Contract shall be governed by,and construed in
creed,color,national origin,sex,age,disability, accordance with;the laws of the State of New York,
sexual orientation,military status,or marital
status without regard to conflict of laws.Venue shall be
designated in the Supreme Court,Suffolk County,the
L) deny any individual the Services provided United States District Court for the Eastern District of New
Contract;or
pursuant to the Con York,or,if appropriate,a court of inferior jurisdiction in
Suffolk County.
provide the Services to an individual that is
different,or provided in a different manner, 12. No Waiver
from those provided to others pursuant to
the Contract;or. It shall not be construed that any failure or forbearance of
iii.) subject an individual to se the County to enforce any provision of the Contract in any
gregation,or particular instance or instances is a waiver of that
separate treatment in any matter related to provision. Such provision shall otherwise remain in full
the individual's receipt of the Services force and effect,ext,notwithstanding any such failure or
provided pursuant to the Contract;or
forbearance.
iv.) restrict an individual in any way from any 13. Conflicts of Interest
advantage or privilege enjoyed by others
receiving the Services provided pursuant to The Contractor shall not during the T
rsue a
the Contract,or treat an individual of conduct which would cause a reasonable perso to course
differently from others in determining believe that he or she is likely to be engaged in acts that
whether or not the individual satisfies any create a substantial conflict between its obli
eligibility or other requirements or gations under
the Contract and its private interests. The Contractor is
conditions which individuals must meet in charged with the duty to disclose to the County the
order to receive the Services provided existence of
Pursuant to the.Contract arty such adverse interests,whether existing or
potential. This duty shall continue as long as the Term.
b• The Contractor shall not utilize criteria or The determination as to whether or when a conflict may
potentially exist shall ultimately be made by the County
methods of administration which have the effect
of subjecting individuals to discrimination of after full disclosure is obtained.
because of their race,creed,color,national 14. Cooperation on Claims
origin,sex,age,disability,sexual orientation,
military status,or marital status,or have the The Contractor and the County shall render diligently to
effect of substantially impairing the Contract with each other,without corn
respect to individuals of a particular race,creed, that may be compensation,the any and all cooperation
color,national origin, Y required to defend the other party,its
gm,sex,age,disability,sexual employees and designated representatives,against any
Orientation, m
military status,or marital status,in claim,demand or action that may be brow t
determining: ' gh against the
other party,its employees or designated representatives
arising out o4 or in connection with,the Contract.
L) the Services to be provided;or
ii.) the class of individuals to whom,or the 15. Confidentiality
situations in which,the Services will be Any document of the County,or any document created by
provided;or the Contractor and used in rendering the Services,shall
remain the property of the County and shall be kept
Ill.) the class of individuals to be afforded an confidential in accordance with applicable laws,rules,and
opportunity to receive the Services. regulations.
10. Nonsectarian Declaration 16. Assignment and Subcontracting
The Services performed under the Contract are secular in a. The Contractor shall not delegate its duties under
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i the Contract,or assign,transfer,convey,
subcontract,sublet,or otherwise dispose of the Transfer.
Contract,or any of its right,title a Contract,or interest C. The Contractor shall notify the County in writing,
therein,or its power to execute the
assign all or any portion of the monies that may which notice(the"Transfer Notice")shall
be due or become due hereunder,(collectively include:
referred to in this paragraph 16 as"Assignment"),
to any other person,entity or thing without the 1•) the proposed effective date of-the Permitted
prior written consent of the County,and any Transfer,which shall not be less than thirty(30)
attempt to do any of the foregoing without such days nor more than one hundred eighty(180)
consent shall be void ab initio, days after the date of delivery of the Transfer.
Notice,
b• Such Assignment shall be subject to all of the
Provisions of the Contract and to any other h.) a summary of the material terms of the
condition the County requires. No approval of Proposed Permitted Transfer,
any Assignment shall be construed as enlarging the name and address of the any obligation of the County under the terms and Ili.) proposed
Provisions of the Contract. No Assignment of the transferee;
Contract or assumption by any person of any duty
of the Contractor under the Contract shall iv) such information reasonably required by the
provide for,or otherwise be construed as, County,which will enable the County to
releasing the Contractor from any term or determine the financial responsibility,character,
provision of the Contract. and reputation of the proposed transferee,nature
of the proposed assignee/transferee's business
17• Changes to Contractor and experience;
a• The Contractor may,from time to time,only with v) all executed forms required pursuant to
the County's written consent,enter into a Article IV of the Contract,that are required to be
Permitted Transfer. For purposes of the submitted by the Contractor,and
Contract,a Permitted Transfer means:
A.) such other information as the County may
1.) if the Contractor is a partnership,the reasonably require.
withdrawal or change,whether voluntary,
involuntary or by operation of law,of the d• The County agrees that any request for its
partners,or transfer of partnership interests consent to a Permitted Transfer shall be granted,.
(other than the purchase of partnership provided that the transfer does not violate any
interests by existing partners,by the provision of the Contract,and the transferee has
Partnership itself or the immediate family not been convicted of a criminal offense as
members by reason of gift,sale or devise), described under Article 11 of Chapter 189 of the
or the dissolution of the partnership without Suffolk County Code. The County shall grant or
immediate reconstitution thereof,and deny its consent to any request of a Permitted
Transfer within twenty(20)days after delivery to
ii.) if-the Contractor is a closely held the County of the Transfer Notice,in accordance
corporation(i.e.whose stock is not publicly with the Provisions of Paragraph 26 of Article III
held and not traded through an exchange or of the Contract. If the County shall not give
over the counter): written notice to the Contractor denying its
consent to such Permitted Transfer.(and setting
1. the dissolution,merger,consolidation forth the basis for such denial in reasonable
or other reorganization of the Contractor, detail)within such twenty(20)-day period,then
and the County shall be deemed to have granted its
consent to such Permitted Transfer.
. 2. the sale or other transfer of twenty e. Notwithstanding the County's consort,
percent(20%)or more of the shares of the
Contractor(other than to existing
shareholders,the corporation itself or the r•) the terms and conditions of the Contract
immediate family members of shareholders shall in no way be deemed to have been waived
by reason of gift,sale or devise). or modified;and
b• If the Contractor is a not-for-profit corporation,a 11•) such consent shall not be deemed consent to
change of twenty percent(20%)or more of its any further transfers•
shares or members shall be deemed a Permitted 18. No Intended Third Party Beneficiaries
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The Contract is entered into solely for the benefit of the copyright laws. To the extent that any Work
County and the Contractor. No third party shall be deemed Product does not constitute a"work made for
a beneficiary of the Contract and no third party shall have hire,"the Contractor hereby assigns to the
the right to make any claim or assert any right under the County all right,title and interest,including the
Contract, right,title and interest to reproduce,edit,adapt,
modify or otherwise use the Work Product,that
19. Certification as to Relationships the Contractor may have or may hereafter acquire
in the Work Product,including all intellectual
The Contractor certifies under penalties of perjury that, Property rights therein,in any manner or medium
other than through the funds provided in the Contract and throughout the world in Perpetuity without
other valid agreements with the County,there is no known compensation. This includes,but is not limited
Spouse,life partner,business,commercial,economic,or to,the right to reproduce and distribute the Work
financial relationship with the County or its elected Product in electronic or optical media,or in CD-
officials. The Contractor also certifies that there is no ROK on-line or similar format.
relationship within the third degree of consanguinity,
between the Contractor,any of its partners,members, b. Patents
directors,or shareholders owning five(5%)percent or
If the Contractor develops,invents,designs or
more of the Contractor,and the County.
creates any idea,concept,code,processes or
20. Publications other work or materials during the Term,or as a
result of any Services performed under the
Any book,article,report,or other publication related to the Contract("patent eligible subject matter''),it
Services provided pursuant to this Contract shall contain shall be the sole property of the County. The
the following statement in clear and Print:legible Contractor hereby assigns to the County its entire
gr right,title and interest if any,to all patent
"This publication is Hilly or partially funded eligible subject matter,and agrees to do all acts
by the County of Suffolk." and execute all documents,and to use its best
efforts to ensure that its employees,consultants,
21. Copyrights and Patents subcontractors,vendors and agents do all acts
and execute any documents,necessary to vest
s• Copyrights ownership in the County of any and all patent
eligible subject matter. The Contractor may not
Any and all materials generated by or on behalf apply for or secure for itself patent protection.
of the Contractor while performing the Services The County reserves to itself and the Contractor
(Including, hereby gives to the County,and to any other
ding,without limitation,designs,images,
video,reports,analyses,manuals,fihns,tests, Person designated by the County,consent to
tutorials,and any other work product of any Produce or otherwise use any item so discovered
kind)and all intellectual property rights relating and/or the right to secure a patent for the
thereto("Work Product")are and shall be the discovery or invention. This paragraph shall
sole property of the County. The Contractor survive any completion,expiration or termination
hereby assigns to the County its entire rightof this Contract.
and in title
interest if any,to all Work Product,and 22. Arrears to County
agrees to do all acts and execute all documents,
and to use its best efforts to ensure that its
. Contractor warrants that,except as may otherwise be
employees,consultants,subcontractors,vendors
authorized by agreement,it is not in arrears to the County
and agents do all acts and execute any
upon any deb
documents,necessary to vest ownership in the t,contract,or any other . obligation,and
is not in de
County of any and all Work Product. The fault to the County as surety.
Contractor may not secure copyright protection. 23. Lawful Hiring of Employees Law in Connection with
The County reserves to itself and the Contractor Contracts for Construction or Future Construction
hereby gives to the County,and to any other
person designated by the County,consent to In the event that the Contract is subject to the Lawful
Produce,reproduce,publish,translate,display or Hiring of Employees Law of the County of suffolk,Suffolk
otherwise use the Work Product. This paragraph County Code Article H of Chapter 353,as more fully set
shall survive any completion,expiration or forth in the Article entitled"Suffolk County Legislative
termination of this Contract. Requirements,"the Contractor shall maintain the
The County shall be deemed to be the author of documentation mandated to be kept by this law on the
all the Work Product. The Contractor construction site at all times. .Employee sign-in sheets and
acknowledges that all Work Product shall register/log books shall be kept on the construction site at
constitute"work made for hire"under the U.S. all tunes and all covered employees,as defined in the law,
shall be required to sign such sign-in sheets/registerpog
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books to indicate their presence on the construction site
during such working hours.
24• Certification Regarding Lobbying
Together with this Contract and as a condition precedent to
its execution by the County,the Contractor shall have
executed and delivered to the County the Certification
Regarding Lobbying(if payment under this Contract may
exceed$100,000)as required by Federal regulations,and
shall promptly advise the County of any material change in
any of the information reported on such Certification,and
shall otherwise comply with,and shall assist the County in
complying with,said regulations as now in effect or as
amended during the term of this Contract.
25. Record Retention
The Contractor shall retain all accounts,books,records,
and other documents relevant to the Contract for seven(7)
Yeats after final payment is made by the County. Federal,
State,and/or County auditors and any persons duly
authorized by the County shall have full access and the
right to examine any of said materials during said period.
Such access is granted notwithstanding any exemption
from disclosure that may be claimed for those records
which are subject to nondisclosure agreements,trade
secrets and commercial information or financial
information that is privileged or confidential Without
limiting the generality of the foregoing,records directly
related to contract expenditures shall be kept for a period of
ten(10)years because the statute of limitations for the New
York False Claims Act(New York False Claims Act§ 192)
is ten(10)years.
26. Notice
Unless otherwise expressly provided,all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular first class mail and certified mail,or personally
delivered during business hours as follows: 1.)to the
Contractor at the address on page 1 of the Contract and 2.)
to*the County at the Department,or as to either of the
foregoing,to such other address as the addressee shall have
indicated by prior written notice to the addressor. All
notices received by the Contractor relating to a legal claim
shall be
immediately sent to the Department and also to the County
Attorney at H.Lee Dennison Building, 100 Veterans
Memorial Highway,P.O.Box 6100,(Sixth Floor),
Hauppauge,New York, 11788-0099.
End of Teat for Article III
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Article IV Application for County Compensation(Contract)."
Suffolk County Legislative Requirements Suffolk County Living Wage Form LW-38;entitled
olk
NOTE:THE CONTRACTOR'S COMPLETED LEGISLATIVE Living Wag /Dlge CertificatiOnecaration—Subject Tome Unit
REQUIRED FORMS REFERENCED HEREIN ARE Audit."
AVAILABLE ON FILE AT THE COUNTY ATTORNEY'S
OFFICE AND THE DEPARTMENT NAMED ON THE 3. Use of County Resources to Interfere with
SIGNATURE PAGE OF THIS CONTRACT. Bargaining Activities Collective
1• Contractor's/Vendor's Public Disclosure Statement fa nfli shall bw the an and ty of the witththegrequirer to emmenbts ofgracle I
It shall be the duty of the Contractor to read,become
of Chapter 803 of the Suffolk County Code.
familiar with,and comply with the requirements of section County Contractors(as defined by section 803-2)shall
A5-7 of Article V of the Suffolk County Code. comply with all requirements of Chapter 803 of the Suffolk
Unless certified by an officer of the Contractor as being County Code,including the following prohibitions:
exempt from the requirements of section A5.7 of Article V a• 'The Contractor shall not use County funds to
of the SuffOlk County Code,the Contractor represents and assist,promote,or deter union organizing.
warrants that it has filed with the Comptroller the verified
public disclosure statement required by Suffolk County b. No County funds shall be used to reimburse the
Administrative Code Article V,section A5-7 and shall file Contractor for any costs incurred to assist,
an update of such statement with the Comptroller on or promote,or deter union organizing.
before the 31st day of January in each year of the
Contract's duration. The Contractor acknowledges that G No employer shall use County property to hold a
such filing is a material,contractual and statutory duty and meeting with.employees or supervisors if the
that the failure to file such statement shall constitute a purpose of such meeting is to assist,promote,or
material breach of the Contract,for which the County shall deter union organizing.
be entitled,upon a determination that such breach has
occurred,to damages,in addition to all other legal If the Services are performed on County property,the
remedies,of fifteen percent(15%)of the amount of the Contractor must adopt a reasonable access agreement,a
Contract neutrality agreement fair communication agreement,non-
intimidation agreement,and a majority authorization card
Required Form: agreement.
Suffolk County Form SCEX 22;entitled
"Contractor's/Vendor's Public Disclosure Statement" If the Services are for the provision of human services and
are not to be performed on County property,the Contractor
2• Living Wage Law must adopt,at the least,a neutrality agreement
It shall be the duty of the Contractor to read,become Under the provisions of Chapter 803,the County shall have
familiar with,and comply with the requirements of Chapter the authority,.under appropriate circumstances,to terminate
575,of the Suffolk County Code. the Contract and to seek other remedies as set forth therein,
for violations of this Law.
This Contract is subject to the Living Wage Law of the
County of Suffolk The law Required Form:
exemptions thy' specific Suffolk County Labor Law Form DOL-LOI;entitled
P apply,all employers(as defined)under service "
contracts and recipients of County financial assistance,(as Suffolk County Department of Labor—Labor Mediation
defined)shall provide payment of a minimum wage to Unit Union Organizing CeA fication/Declaragon-Subject
employees as set forth in the Living Wage Law. Such rate to Audit."
shall be adjusted annually pursuant to the terms of the
Suffolk County Living Wage Law of the County of Suffolk 4. Lawful Hiring of Employees Law
Under the provisions of the Living Wage Law,the County
shall have the authority,under-appropriate circumstances, It shall be the duty of the Contractor to read,become
to terminate the Contract and to seek other remedies as set familiar with,and comply with the requirements of Article
forth therein,for violations of this Law. II of Chapter 353 of the Suffolk County Code.
Required Forms: This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk It provides that all covered
Suffolk County Living Wage Form'LW-1;entitled"Suffolk employers,(as defined),and the owners thereof as the case
County Department of Labor—Living.Wage Unit Notice of may be,that are recipients of compensation from the
County through any grant,loan,subsidy,funding,
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aPProPriation,Payment,tax incentive,contract,
subcontract,license agreement,lease or other fuuincial sheets/register/log books to indicate their presence on the
compensation agreement issued by the County or an site during such working hours.
awarding agency,where such compensation is one hundred
percent(100%)funded by the County,shall submit a Required Forms:
completed sworn affidavit(under penalty of perjury),the
certifying that they have Suffolk County I,avvful Hiring of Employees Law Form
form of which is attached,
complied,in good thith,with the requirements of Title 8 of LHE-l;entitled"Suffolk County Department of Labor—
the United States Code Section 1324a withrespect Notice Of Application To Certify Compliance With Federal
hiring of covered employees(as defined)and with respect
the
Law(8 U.S.C.Section 1324a)With Respect To Lawful
to the alien and nationality status of the owners thereof. Hiring of Employees."
The affidavit shall be executed by an authorized Suffolk County Lawful Hiring of Employees Law Form
representative of the covered employer or owner,as the
case may be;shall be part of any executed contract, LHE-2;entitled"Affidavit Of Compliance With The
subcontract,license agreement,lease or other financial Requirements Of 8 U.S.C.Section 1324a With Respect To
compensation agreement with the County;.and shall be Lawful Hiring Of Employees"
made available to the public upon request.
S. Gratuities
All contractors and subcontractors(as defined)of covered
employers,and the owners thereof,as the case may be,that It shall be the duty of the Contractor to read,become
are assigned to perform work in connection with a County familiar with,and comply with the requirements of Chapter
contract,subcontract,license agreement,lease or other 664 of the Suffolk County Code.
financial compensation agreement issued by the County or
awarding agency,where such compensation is one hundred The Contractor represents and warrants that it has not
Percent(100%)funded by the County,shall submit to the offered or given any gratuity to any official,employee or
covered employer a completed sworn affidavit(under agent of the County or the State or of any political party,
penalty of perjury),the form of which is attached, with the purpose or intent of securing an agreement or
certifying that they have complied,in good faith,with the securing favorable treatment with respect to the awarding
requirements of Title 8 of the United States Code Section or amending of an agreement or the making of any
1324a with respect to the hiring of covered employees and determinations with respect to the performance of an
with respect to the alien and nationality status of the agreement.
owners thereof;as the case may be. The affidavit shall be
executed by an authorized representative of the contractor, & Prohibition Against Contracting with Corporations
subcontractor,or owner,as the case may be;shall be part of that Reincorporate Overseas
any executed contract,subcontract,license agreement,lease
or other financial compensation agreement between the It shall be the duty of the Contractor to read,become
covered employer and the County;and shall be made familiar with,and comply with the requirements of sections
available to the public upon request. A4-13 and A4-14 of Article IV of the Suffolk County
Code.
An updated affidavit shall be submitted by each such
employer,owner,contractor and subcontractor no later The Contractor represents that it is in compliance with
than January i of each year for the duration of any contract sections A4-13 and A4-14 of Article IV of the Suffolk
and upon the renewal or amendment of the Contract,and County Code. Such law provides that no contract for
whenever a new contractor or subcontractor is hired under consulting services or goods and services shall be awarded
the terms of the Contract by the County to a business previously incorporated within
the U.S.A.that has reincorporated outside the U.S.A.
The Contractor acknowledges that such filings are a
material,contractual and statutory duty and that the failure 7• Child Sexual Abuse Reporting Policy
to file any such statement shall constitute a material breach
of the Contract. It shall be the duty of the Contractor to
me
familiar with,and comply with the requirements of Article
Under the provisions of the Lawful Hiring of Employees II of Chapter 880 of the Suffolk County Code.
Law,the County shall have the authority to terminate the
Contract for violations of this Law and to seek other The Contractor shall comply with Article II of Chapter 880,
remedies available under the law. of the Suffolk County Code,entitled"Child Sexual Abuse
Repo
The documentation mandated to be kept by this law shall at of anyother Suffolk County Local Law that
ma hereafter or
g
all times be kept on site. Employee sign-in sheets and applicable during the term of the Contract with regard to
register/log books shall be kept on site at all times during child sexual abuse reporting policy.
working hours and all covered employees,as defined in the
law,shall be required to sign such sign-in
8• Non Responsible Bidder
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It shall be the duty of the Contractor to read,become
familiar with,and comply12• Safeguarding Personal InforMstion of Minors
with the requirements of Article
II of Chapter 189 of the Suffolk County Code.
It shall be the duty of the Contractor to read,become fiuni]iar
Upon signing the Contract,the Contractor certifies that it with, and comply with the requirements of Suffolk County
has not been convicted of a criminal offense within the last Low Law No. 20-2013, a Local Law to Safeguard the
ten(10)years. The term"conviction"shall mean a finding Personal Information of Minors in Suffolk County.
Of guilty atter a trial or a plea of guilty to an offense All contract P
covered under section 189-5 of the Suffolk County Code required top the n� !Ovide services n minors are
privacy of the minors and are strictly
under"Nonresponsible Bidder." prohibited from selling or otherwise providing to any third
Pay,in any manner whatsoever,the personal or identifying
9. Use of Funds in Prosecution of Civil Actions information of any minor participating in the props
Prohibited
It shall be the duty of the Contractor toread,become
13. Suffolk County Local Laws Website Address
familiar with,and comply with the requirements of Article Suffolk County Local Laws,Rules and Regulations
III of Chapter 893 of the Suffolk County Code.
can be accessed on the homepage of the Suffolk
The Contractor shall not use any of the moneys, County Legislature.
in who! and either in P�or
e. directly or indirectly,received under
the Contract in connection with the prosecution of any civil End of Text for Article IV
action against the County in any jurisdiction or any judicial
or administrative forum.
10. Youth Sports
It shall be the duty of the Contractor to read,become
familiar with,and comply with Article III of Chapter 730 of
the Suffolk County Code.
All contract agencies that conduct youth sports programs
are required to develop and maintain a written plan or
Policy addressing incidents of possible or actual concussion
or other head injuries among sports program Participants.
Such plan or policy must be submitted prior to the award of
a County contract,grant or funding. Receipt of such plan
or policy by the County does not represent approval or
endorsement of any such plan or policy,nor shall the
County be subject to any liability in connection with any
such plan or policy.
11. Work Experience Participation
If the Contractor is a not-for-profit or governmental agency
or institution,each of the Contractor's locations in the
County at which the Services are provided shall be a work
site for public-assistance clients of Suffolk County pursuant
to Chapter 281 of the Suffolk County Code at all times
during the Term of the Contract. If no Memorandum of
Understanding(-MOU")with the Suffolk County
Department of Labor for work experience is in effect at the
beginning of the Term of the Contract,the Contractor,if it
is a not-for-profit or governmental agency or institution,
shall enter into such MOU as soon as possible after the
execution of the Contract and failure to enter into or to
Perform in accordance with such MOU shall be deemed to
be a failure to perform in accordance with the Contract,for
which the County may withhold payment,terminate the
Contract or exercise such other remedies as may be
appropriate in the circumstances.
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Youth Bureau Line Item/Omnibus Grant(State) SMS SCSEXE
Pseudo Code
Article V
by the Suffolk County Department of Audit and
General Fiscal Terms and Conditions
Control. Documentation,including any other
1• General Payment Terms form(s)required by County or the Suffolk
County Department of Audit and Control,shall
be furnished to the County pursuant to,and as
a• Presentation of Suffolk County Payment limited by,the Regulations for Accounting
Voucher Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
In order for payment to be made by the County to addition to any other remedies that the County
the Contractor for the Services,the Contractor may have,failure to supply the required
shall prepare and present a Suffolk County documentation will disqualify the Contractor
Payment Voucher,which shall be documented by from any further County contracts
sufficient,competent and evidential matter. Each
Suffolk County Payment Voucher submitted for G Payment by County
Payment is subject to Audit at any time during
the Term or any extension thereof. This Payment by the County shall be made within
Provision shall survive expiration or termination thirty(30)days after approval of the Suffolk
of this Contract for a period of not less than County Payment Voucher by the Comptroller.
seven(7)years,and access to records shall be as
set forth in paragraph 25 of Article III,and d• Budget Modification
paragaph 4(b)of Article V.
i•) The parties shall use the Contract
b. Voucher Documentation Budget Modification Request form
("Budget Modification")for revisions
The Suffolk County Payment Voucher shall list to the Budget and Services not
all information regarding the Services and other involving an increase to the total cost
items for which expenditures have been or will be of the Contract.If the Contractor is
made in accordance with the Contract. Either seeking such a modification,the
upon execution of the Contract(for the Services Contractor shall contact the
already rendered and expenditures already made), Department to receive the forin and
or not more than thirty(3 0)days after the enter the required information. When
expenditures were made,and in no event after the the County and the Contractor agree as
31 u day of January following the end of each year to such revisions,the Contractor shall
of the Contract,the Contractor shall furnish the sign the Budget Modification form and
County with detailed documentation in support return it to the County for execution
of the payment for the Services or expenditures along with any other documentation the
under the Contract e.g.dates of the Service, Department may require.
worksite locations,activities,hours worked,pay
rates and all Program Budget categories. The ii•) Such request must be made in advance
Suffolk County Payment Voucher shall include of incurring any expenditure for which
time records,certified by the Contractor as true the revision is needed.
and accurate,of all personnel for whom
expenditures are claimed during the period. i11•) Upon complete execution of the Budget
Time and attendance records of a project director, Modification form,the County shall
if any,shall be certified by the Chairperson, return a copy to the Contractor. The
President or other designated member of the. revision shall not be effective until the
Board of Directors of the Contractor. All Suffolk Budget Modification is completely
County Payment Vouchers must bear a signature executed.
as that term is defined pursuant to New York
State General Construction Law§46 by duly Iv) The Budget Modification form may be
authorized persons,and certification of such submitted only twice per calendar year
authorization with certified specimen signatures and may only be submitted prior to
thereon must be filed with the County by a November 150L of that year.
Contractor official empowered to sign the
Contract. Disbursements made by the Contractor e• Budget and/or Services Revisions
in accordance with the Contract and submitted
for reimbursement must be documented and must l•) The parties shall use the Contract
comply with accounting procedures as set forth Budget/Services Revision Approval
Form(Budget/Services Revisions)for
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ARTICLE VI
Rev. 10/24/2014;Law No. 14.-Yo-
Youth Bureau Line Item/omnibus Grant(State) IFMS SCSEXE
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revisions to the Budget and Services
involving any change to the total cost
determine future Payments to the
of the Contract due to a resolution of
the Legislature,changes to the Contractor;and
County's adopted annual budget,or for
determine what amounts,if any,are
any other reason necessitating revisions
to the Budget or Services. reimbursable to the County by the
Contractor and the terms and
When the County and the Contractor conditions under which such
agree as to such revisions,the reimbursement shall be paid.
Department will enter the information
into the Budget/Services Revisions G The County may,during the T
form and send it to the Contractor for Budget Deficiency Plan In the evert�tthoast a
signature.The Contractor shall return it Budget Deficiency Plan is imposed,the County
to the County for execution along with shall promptly notify the Contractor in writing of
any other documentation the the terns and conditions thereo&which shall be
Department may require. deemed incorporated in and made a part of the
iii) Upon complete execution of the form Contract,and the Contractor shall implement
those terns and conditions in no less than
by the parties,the County shall return a fourteen(14)days.
copy to the Contractor. The revision
shall not be effective until the Budget 3. Personnel Salaries,Pension and Employee Benefit
/Services Revisions is completely Plans,Rules and Procedures
executed
f:
Taxes a• Upon request,the Contractor shall submit to the
County a current copy,certified by the
The charges payable to the Contractor under the Contractor as true and accurate,of its
Contract are exclusive of federal,state,and local i•) salary scale for all positions listed in
taxes,the County being a municipality exempt the Budget;
from payment of such taxes.
g• Final Voucher personnel rules and procedures;
iii.) pension plan and any other employee
The acceptance by the Contractor of payment of befit plans or arrangements.
all billings made on the final approved Suffolk b. The Contractor shall not be entitled to
County payment Voucher shall operate as and
shall be a release of the County from all claims reimbursement for costs under any pension or
by the Contractor through the date of the benefit plan the Comptroller deems commercially
Voucher. unreasonable.
2. Subject to Appropriation of Funds G Notwithstanding anything in this paragraph 3 of
this Article V,the County shall not be limited in
a• The funds requesting such additional financial information
Contract is subject to the amount of H
it deems reasonable.
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature 4. Accounting Procedures
and no liability shall be incurred by the County
beyond the amount of funds appropriated each
fiscal year by the County Legislature for the a. The Contractor shall maintain accounts,books,
Services. records,documents,other evidence,and
accounting Procedures and practices which
b. If the County fails to receive Federal or State sufficiently and properly reflect all direct and
funds originally intended to pay for the Services, indirect costs of any nature expended in the
or to reimburse the County,in whole or in part, performance of the Contract,in accordance with
for payments made for the Services,the County generally accepted accounting principles and
shall have the sole and exclusive right to: with rules,regulations and financial directives,as
may be Promulgated by the Suffolk County
i•) determine how to pay for the Services; Department of Audit and Control and the
Department. The Contractor shall permit
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ARTICLE VI
Rev. 10/24/2014;Law No. 14-YO-
Youth Bureau Line Item/Omnibus Grant(State) IFMS SC
Pseudo Code
inspection and audit of such accounts,books,
6• Financial Statements and Audit Requirements
records,documents and other evidence by the
Department and the Suffolk County Comptroller,
a• Notwithstanding any other reporting or
or their representatives,as often as,in their
judgment,such inspection is deemed necessary. certification requirements of Federal,State,or
Such right of inspection and audit as set forth in local authorities,the Contractor shall obtain the
subparagraph b.below shall exist during the services of an independent licensed public
Term and for a period of seven(7)years after accountant or certified public accountant(the
expiration or termination of the Contract. "Auditor")to audit its financial statements for
each Contractor's"fiscal year"in which the
b. The Contractor shall retain all accounts,books, Contractor has received,or will receive,thine
records,and other documents relevant to the hundred thousand($300,000.00)dollars or more
Contract for seven(7)years after final payment is from the County,whether under the Contract or
made by the County. Federal,State,and/or other agreements with the County,and shall
County auditors and any persons duly authorized submit a repgrt to the County on the overall
by the County shall have full access and the right financial condition and operations of the
to examine any of said materials during said Contractor,including a balance sheet and
period. Such access is granted notwithstanding statement of income and expenses,attested by the
any exemption from disclosure that may be Auditor as fairly and accurately reflecting the
claimed for those records which are subject to accounting fecords of the Contractor in
nondisclosure agreements,trade secrets and accordance with generally accepted accounting.
commercial information or financial information principles. The Contractor may solicit requests
that is privileged or confidential. for proposals from a number of qualified
accounng firms and re
C. The Contractor shall utilize the accrual basis of o4 andh qualifications for,thiscarethlly the costs
accounting and will submit all financial reports selecting the Auditor. type of work before
and claims based on this method of accounting
during the Term. b. The Auditor should be required to meet the
following minimum requirements:
5• Audit of Financial Statements
i•) a current license issued by
the New York State
a• All payments made under the Contract are Education Department;
subject to audit by the Comptroller pursuant to
Article'V of the Suffolk County Charter. The ii•) sufficient auditing experience
Contractor finther agrees that the Comptroller in the not-for-profit,
and the Department shall have access to and the governmental or profit-
right to examine,audit,excerpt,copy or making areas,as applicable;
transcribe any pertinent transactions or other and
records relating to services under the Contract. If III.) a satisfactory peer review
such an audit discloses overpayments by the issued within not more than
County to the Contractor,within thirty(30)days three(3)years prior to the
atter the issuance of an official audit report by the date when the Auditor was
Comptroller or his duly designated
representatives,the Contractor shall repay the selected to conduct the audit
amount of such overpayment by check to the C. The audit must be conducted in accordance with
order of the Suffolk County Treasurer or shall generally accepted governmental auditing
submit a proposed plan of repayment to the standards.-Financial statements must clearly
Comptroller. If there is no response,or if differentiate between County-funded programs
satisfactory repayments are not made,the County and other programs that the Contractor may be
may recoup overpayments from any amounts due operating. The use of subsidiary schedules
or becoming due to the Contractor from the should be encouraged for this purpose. The
County under the Contract or otherwise. Auditor must also prepare a Management Letter
based on the audit.
b. The provisions of this paragraph shall survive the
expiration or termination of the Contract-for a d• In the event the Contractor is a not-for-profit
period of seven(7)years,and access to records organization or unit of local government and
shall be as set forth in paragraph 25 of Article III, expends five hundred thousand($500,000.00)
and paragraph 4(b)of Article V. dollars or more of Federal monies,whether as a
recipient expending awards received directly
from Federal awarding agencies,or as a
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ARTICLE VI
Rev. 10/24/2014;Law No. 14-YO-
Youth Bureau Line Item/Omnibus Grant(State) IFMS SCSEXE
Pseudo Code
subrecipient expending Federal awards received
from a pass-through entity,such as New York unit for which the Contractor will seek
State or Suffolk County,during any fiscal year reimbursement from the County,the Contractor
within which it receives funding under the shall submit to the County a written request for
Contract,the audit must be conducted,and the aPPr0VU1 to make such a proposed purchase,
audit report("Single Audit Report")must be,in fental or lease,with a list showing the quantity
accordance with OMB Circular No.A-133 and description of each item,its intended
(revised June 27,2003). Single Audit Reports location and use,estimated unit price or cost,and
must also be submitted to the designated estimated total cost of the proposed order.
clearinghouse,cognizant agency and/or pass. Written approval of the County shall berequired
through entity,to the extent required by the OMB before the Contractor may proceed with such
Circular referred to above. Proposed purchase,rental or lease of furniture,
e.
fixtures or equipment All items purchased must
The Contractor must submit to the County a be new or like new unless specifically described
statement in writing,certified by its chief otherwise in the Budget
financial officer,which states the amount of
Federal funding expended by the Contractor b• Purchase Practices/Proprietary Interest of
wring such fiscal year. The Contractor must County
mail or deliver the certified statement to the
Department and to the Executive Director of i•) The Contractor shall follow the general
Auditing Services,Suffolk County Department of
H.Lee D practices that are designed to obtain
Audit and Control
1Dennison Building, furniture,fixtures,equipment,
00 Veterans Memorial Highway,P.0.Box materials,or supplies at the most
6100,Hauppauge,New york 11788-0099,as
soon as possible after the end of the Contractor's reasonable puce or cost possible.
fiscal year- The statement must include all ii.) The County reserves the right to
Federal funding received directly from the
Federal government and all Federal funds passed Purchase or obtain furniture,'fixtures,
equ
through from the County and other pass-through ipment,materials;or supplies for
entities. the Contractor in accordance with the
Programmatic needs of the Contract. If
L Copies of all financial statements,Management the County exercises this right,the
Letters,.Single Audit Reports and other audit amount budgeted for the items so
reports must be transmitted to the County and to Purchased or obtained by the County
the Executive Director of Auditing Services at for the Contractor shall not be available
the gddress set forth above. The reports must be to the Contractor for any purpose
submitted within thirty whatsoever. Title to any such items
of the audit,but in no event later than nine completion9) Purchased or otherwise obtained by the
months after the end of the Contractor's fiscal County for the programs encompassed
Year,to which the audit relates. by the Contract and entrusted to the
g• These requirements do not preclude the County, Contractor,shall remain in the County.
the Comptroller,or their authorized Ili.) The County shall retain a proprietary
representabYes,-or Federal or State auditors from interest in all furniture,removable
auditing all records of the Contractor. Therefore, fixtures,equipment,materials,and
the records of the Contractor must be made supplies purchased or obtained by the
available to authorized representatives of Federal, Contractor and paid for or reimbursed
State and County government for that purpose. to the Contractor pursuant to the terms
h• The provisions of this paragraph shall survive the of the Contract or any prior agreement
expiration or termination of the Contract. between the parties.
7• Furniture,Fixtures,Equipment,Materials,Supplies iv.) The Contractor shall attach labels
indicating the County's proprietary
a• Purchases,Rentals or Leases Requiring Prior interest or title in all such property.
Approval
C. County's Right to Take Title and Possession
Prior to placing any order to purchase,rent or Upon the termination or expiration of the
lease any furniture,fixtures,or equipment valued Contract or any renewal thereof the
in excess of one thousand dollars($1,000.00)per discontinuance of the business of the Contractor,
the failure of the Contractor to comply with the
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ARTICLE VI
7 y �
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Youth Bureau Line Item/Omnibus Grant(State) IF'MS SCSEXE
Pseudo Code
terms of the Contract,the bankruptcy of the
Contractor,an assignment for the benefit of its supplies from any cause,the Contractor shall
creditors,or the failure of the Contractor to immediately send the County a detailed written
satisfy anYjudgment against it within thirty(30) report thereon.
days of filing of the judgment,the County shall
Disposition of Property in Contractor's
have the right to take title to and possession of all f.
furniture,removable fixtures,equipment, Custody
materials,and supplies and the same shall
Upon termination of the County's funding of any
thereupon become the property of the County
of the Services covered by the Contract,or at any
without any claim for reimbursement on the part
of the Contractor. other time that the County may direct,the
Contractor shall make access available and render
d. Inventory Records,Controls and Reports all necessary assistance for physical removal by
the County or its designee of any or all furniture,
The Contractor shall maintain proper and removable fixtures,equipment,materials or
accurate inventory records and controls for all supplies in the Contractor's custody in which the
such furniture,removable fixtures and equipment. County has a proprietary interest,in the same
acquired pursuant to the Contract and all prior condition as such property was received by the
agreements between the panties,if any. Three(3) Contractor,reasonable wear and tear excepted
months before the expiration date of the Contract, Any disposition,settlements or adjustments
the Contractor shall make a physical count of all connected with such property shall be in
items of furniture,removable fixtures and accordance with the rules and regulations of the
equipment in its custody,checking each item County and the State of New York
against the aforesaid inventory records. A report
setting forth the results of such physical count S. Lease or Rental Agreements
shall be prepared by the Contractor on a form or
forms designated by the County,certified and If lease payments or rental costs are included in the Budget
signed by an authorized official of the as an iters of expense.reimbursable by the County,the.
Contractor,and one(1)copy thereof shall be Contractor shall promptly submit to the County,upon
delivered to the County within five(S)days after request,any lease or rental agreement. If during
the date set for the aforesaid physical count the Contractor shall enter into a lease or rental agreement,
Within five(S)days after the termination or or shall renew a lease or rental agreement,the Contractor
expiration date of the Contract,the Contractor shall,prior to the execution thereog submit such lease or
shall submit to the County six(6)copies of the rental ai3reement,to the County for approval.
same report updated to such date of the Contract,
certified and signed by an authorized official of 9. Statement of Other Contracts
the Contractor,based on a physical count of all
items of furniture,removable fixtures and Prior to the execution of the Con
tract,the equipment on the aforesaid expiration date,and submit a Statement of Other Contracts to the Coounr ctor If the
revised,if necessary,to include any inventory Contract is amended during the Term,
changes during the last three(3)months of the exercises its option right the Contractor shall submit then
Term. current Statement of Other Contracts.
e. Protection of Property in Contractor's
Custody 10. Miscellaneous Fiscal Terms and Conditions
.
The Contractor shall maintain vigilance and take a. Limit of County's Obligations
all reasonable precautions to protect the furniture, m amount to be paid by the County
The maximum
the firs
fixtures,equipment,material or supplies in its is set forth
custody against damage or loss by fire,burglary, first page of the Contract.
theft,disappearance,vandalism,or misuse.In the
event of burglary,theft,vandalism,or b• Duplicate Payment from Other Sources
disappearance of any item of furniture,fixtures,
equipment,material or supplies,the Contractor Payment by the County for the Services shall not
shall immediately notify the police and make a duplicate payment received by the Contractor
record thereof;including a record of the results of from any other source.
any investigation which may be made thereon. In
the event of loss of or damage to any item of G Funding Identification
furniture,fixtures;equipment,materials,or
The Contractor shall promptly submit to the
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ARTICLE VI
M r
Rev. 10/24/2014;Law No. 14-YO-
Youth Bureau Line Item/Omnibus Grant(State) IFMS SCSEXE
Pseudo Code
County upon request,'a schedule for all programs
funded by the County,itemizing for each such made until the Contractor submits documentation
Program the sums received,their source and the in the manner and form as shall be required by
total program budget. State and/or Federal agency. If late submission
Of claims precludes the County from claiming
d• Outside Funding for Non-County Funded State or Federal reimbursement,such late claims
Activities by the Contractor shall not be paid by the County
subject to subparagraph g.below,i4 for any
Notwithstanding the foregoing provisions of the reason,the f ll amount of such funding is not
Contract,it is the intent of the County that the made available to the County,the Contract may
Wins and conditions of the Contract shall not be terminated in whole or in part,or the amount
limit the Contractor from applying for and payable to the Contractor may be reduced at the
accepting outside grant awards or from providing discretion of the County,provided that any such
additional educational activides/services which termination or reduction shall not apply to
may result in the Contractor incurring additional allowable costs incurred by the Contractor prior
costs,as long as the following conditions are met: to such termination or reduction,and provided
that money has been appropriated for payment of
i•) The County is not the Fund Source for such costs.
the additional services,
ii. g• Denial of Aid
Sufficient funding is available for or
can be generated by the Contractor to, If a State or Federal government
cover the cost incurred by the funding the Contagency is
Contract and fails to approve aid in
Contractor to provide these additional reimbursement to the County for payments made
services;and hereunder by the County to the Contractor for
iii. If sufficient fexpenditures made during the Term because of
funding is not available or
cannot be generated,the County shall any act,omission or negligence on the part of the
not be held liable for any of the Contractor,then the County may deduct and
additional costs incurred by the withhold from any payment due to the Contractor
Contractor in famishing such an amount equal to the reimbursement denied by
additional services. the state or federal government agency,and the
IV.) Prior to scheduling any such additional County's obligation to the Contractor shall be
reduced by any such amounts. In such an event,
services on County-owned property, if there should be a balance due to the County
the Contractor shall obtain written after it has made a final payment to the
County approval. The Contractor shall, Contractor under the Contract,on demand by the
to the County's satisfaction,submit any County,the Contractor shall reimburse the
documentation requested by the County for the amount of the balance due the
Department reflecting the change,and County,Payable to the Suffolk County Treasurer.
identify the additional services to be The provisions of this subparagraph shall survive
Provided and the source of funding that the expiration or termination of the Contract
shall be utilized to cover the
expenditures incurred by the Contractor h• Budget
in undertaking the additional services.
The Contractor expressly represents and agrees
e. Potential Revenue that the Budget lists all revenue.
tures,
Personnel,personnel costs and/orall ther
The Contractor shall actively seek and take relevant costs n
reasonable steps to secure all potential funding necessary to provide the Services,
from grants and contracts with other agencies for Payment of Claims
Programs funded by the County.
Upon receipt of a Suffolk County Payment
f. Payments Contingent upon State/Federal voucher,the County,tY,at its discretion,may pay
the Contractor during the Tenn,in advance,an
Payments under the Contract may be subject to amount not to exceed one sixth(1/6)of the
and contingent upon continued funding by State maximum amount paid the County set
forth on the first Page
of of the Coo ntract
and/or Federal agencies. In the event payments
are subject to such funding no payment shall be
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Y01-State
ARTICLE VI
M f
Rev.10/24/2014;Law No. 14-YO-
Youth Bureau Line Item/Omnibus Grant(State) ISS SC
Pseudo Code
J. Payments Limited to Actual Net Expenditures exercise of that right.The County may
Promulgate reasonable regulations involving
The Contractor agrees that it for any reason filling of vacancies which shall be deemed to be
whatsoever,the Contractor shall spend during the inOorporated by reference in,and be made part
Term for the purposes set forth in the Contract an Ot the Contract,provided,however,that subject
amount less than,or receive amounts more than, to the availability of funding,approval for the
provided in the Budget,the total.cost of the hiring of replacement clerical shall be a
Contract shall be reduced to the net amount of Contractor determination.
actual Contractor expenditures made for such
Purposes. The total amount to be paid by the °' No Limitation On Rights
County shall not exceed the lesser of(i)actual Notwithstandin anything
net expenditures or(ii)the total cost of the 8ll in this Article to to the
cont
Contract on the cover page and in the Budget rary,the County shall have available to it all
8 rights and remedies under the Contract and at law
Upon termination or expiration of the Contract,if and equity.
the Contractor's total amount of allowable
expenses is less than the total amount of the P. Comptroller's Rules and Regulations
Payments made during the Tern,the Contractor
shall prepare a check payable to the Suffolk The Contractor shall comply with the
County Treasurer for the difference between the "Comptroller's Rules and Regulations for
two amounts and submit such payment to the Consultant's Agreements".as promulgated by the
County,along with the final Suffolk County Department of Audit and Control of Suffolk
Payment Voucher. County and any amendments thereto during the
k Travel,Conference,and Meeting Attendance:
Term of the Contract The"Comptroller's Rules
and Regulations for Consultant's Agreements"
SOP A-07 Amendment 1 and"SOP A-07 Amendment 1"may be viewed
online at the County's website,
Reimbursement to the Contractor for travel costs SuffolkCountyny.gov;go to"Government,"then
shall not exceed amounts allowed to County "Comptroller,"then"Consultant's
employees.All conferences that are partially or Agreements."
p y End of Teat for Article V
fully funded by the County that the Contractor's
staff wishes to attend must be pre-approved,in
writing,by the County and must be in
compliance with Suffolk County Standard
Operating Procedure A-07 which may be viewed
online at the County's website,
SuffolkCountyny.gov;go to"Government,"then
"Comptroller,"then"Consultant's Agreements."
L 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.
rn• Salary Increases
No salary,wage,or other compensation for the
Services shall be increased over the amount
stated in the Budget without the prior written
approval of the County.
n• Contractor Vacancies
The County shall have the right of prior approval
Of the Contractor's filling of any vacant position
as of the date of execution of the Contract or as
may thereafter become vacant,and,in the
24 of 24 pages YOI-State
ARTICLE VI
Suffolk County]New York
Department of labor
SUFFOLK COUNTY DEPARTMENT OF LABOR LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION—SiJB ,QCT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2)
contractor's/beneficiaryapplies to the
's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I,
M,and IV below. If the following definitions do not apply,the contractor/benenciary must complete Sections A 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 fimds 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 services provided in any calendar year; or pursuant to a subcontract with
any of the above.
Section I
The Union Organizing Law applies to this contract Ywe hereby agree to comply with all the provisions of Suffolk
❑ County Local Law No.26-2003,the Suffolk County Union Organizing Law the law
)and,as to the oods and/or
services that are the subject of the contract with the County of Suffolk shall of use County funds to assist,promote,
Check if or deter union organizing(Chapter 466-3 A),nor seek reimbursement from the County for costs incurred to assist,
Applicable promote,or deter union organizing.(Chapter 466-3 B)
Uwe further agree to take all action necessary to ensure that County fimds are not used to assist,promote,or deter
union organizing.(Chapter 466-3 l)
Uwe further agree that Uwe will not use County property to hold meetings to assist,promote,or
deter union organizing.(Chapter 466-3E)
I/we further agree that if any expenditures or costs incurred to assist,promote,or deter union organizing are made,
I/we shall maintain records sufficient to show that no County funds were used for those expenditures and,as
applicable,that no reimbursement from County funds has been sought for such costs. Uwe agree that such records'
Depabe made available to the pertinent County agency or authority,the County Comptroller,or the County
rtment of Law upon request.(Chapter 4663 n
Uwe farther affirm to the following as to the goods and/or services that are the subject of the contract with the
County of Suffolk:
• Uwe will not express to employees any false or misleading information that is intended to influence the
determination of employee preferences regarding union representation;
• Uwe will not coerce or intimidate employees,explicitly or implicitly,in selecting or not selecting a bargaining
representative;
• I/we will not require an employee,individually or in a group,to attend a meeting or an event that is intended to
influence his or her decision in selecting or not selecting a bargaining representative;
• Uwe understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the
adoption of nonconfrontational procedures for the resolution of prerecognition labor disputes with employees
engaged in the production of goods or the rendering of services for the County;and
• We have or will adopt any or all of the above-referenced procedures,or their functional equivalent,to ensure
the efficient,timely,and quality provision of goods and services to the County. Uwe 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
DOL-LOl(3/5/08)
Suffolk County,New York
Department of Labor
Section III
Contractor Name: _ %�! s [ Federal Employer ID##:
Contractor Address: '- f' /1 9 Amount of Assistance:
n A-f _�i_ Q lc� A)Y j L 9 J`= W Vendor#:
T
Contractor Phone M �f 6,% 5--r 0
Description ofproject or service: L
Section IV
In the event any part of the Union Organizing Law,Chapter 466 of the Laws of Suffolk County,is found by a court of competent
jurisdiction to be preempted by federal and/or state law,this certification/declaration shall be void ab info.
Section V
I declare under Penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this
certification, qhhat the above is true and correct.
Autho ` Signature Date
Print Name and itle of Authorized RepreseAtative
DOL 1.01(3/5/08)