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HomeMy WebLinkAboutCounty of Suffolk - Youth Services��UFFGt.�C RESOLUTION 2015-516 ADOPTED DOC ID: 10894 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-516 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 2, 2015: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2015 Southold Town Youth Services Agreement with the County of Suffolk, in the amount of $9,063.00, for the term January 1, 2015 through December 31, 2015,.subject to the approval of the Town Attorney. a Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Law No. 15-YO- v `4(Q� IFMS SCSEXE 15000002839 Y02 Youth Bureau Implementing Agency Pseudo-Code ARH1 Contract This Contract("the Contract")is between the County of Suffolk("the County"), a municipal corporation of the State of New York,acting through its duly constituted Youth Bureau ("the Department"), located at H.Lee Dennison Building-3rd Floor,100 Veterans Memorial Highway,Hauppauge,New York(Mailing Address: Box 6100, Hauppauge,New York 11788-0099) ;and Town of Southold (` the Contractor"),a New York municipal corporation,having its principal place of business at 53095 Main Street,Southold;New York 11971 and Family Service League (Implementing Agency),a New York not-for- profit corporation,having its principal place of business at 790 Park Avenue,Huntington,New York, 11743. The Contractor has been designated to receive funds from the County for various delinquency prevention programs("the Services")through the Contractor and its Implementing Agency as set forth in Article 1, entitled"Description of Services." Term of the Contract: January 1,2015 through December 31,2015. Total Cost of the Contract: Shall not exceed$9,063.00,to be paid as set forth in Articles V and VI, attached. Terms and Conditions: Shall be as set forth in Articles I through VI, attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed the Con as of the latest date written below. Town of Sout Yd County uffolk j By: By: Name S c-v44 Dennis M. A en Title _.s �e,-r v er,5CS Fed. Tax ID# f(- do 17 Chief Deputy County Executive Date Date: Ire, (/hereby certifies under ' penalties of perjury that I am an officer of 4-Fa L e ice League that I have read and familiar with§A5-7 of Article V of the Suffolk County Coda, Name eln, C:SW Ire Gc�� .(( Title President CE® and that.�� �1 ►.d meets all Federal Tax ID4 requirements t alify for e ption thereunder. Date l% Name P_ Date f�l sps (c { hereby Ula under penalties o p jurythat I am an officer of that I have read and mliar with§AS- of Article V of the Suffolk County de,and that ,L meets all eq ' ents to qualify for exemption thereunder.. Date_ Name ADDITONAL SIGNATURES ON FOLLOWING PAGE 1 of 28 pages Rev.3120115 Law No. 15-YO- IFMS SCSEXE 15000002839 YO2 Youth Bureau Implementing Agency Pseudo Code ARM Approved: Department Bow Name: Roderick Pearson Title:Executive Director Date Approved to Form: Dennis Bow County rney B g �} ia-.M- Jordan Assistant County Attorney ate 2 of 28 pages Rev.3120115 Law No. 15 -YO - Y02 Youth Bureau Implementing Agency IFMS SCSEXE 15000002839 Pseudo Code ARHI 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 H.Lee Dennison Building -3`d F1oor,100 Veterans Memorial Highway, Hauppauge, New York(Mailing Address: Box 6100, Hauppauge, New York 11788-0099) ; and Town of Southold ("the Contractor"), a New York municipal corporation, having its principal place of business at 53095 Main Street, Southold; New York 11971 and Family Service League (Implementing Agency), a New York not-for- profit corporation, having its principal place of business at 790 Park Avenue, Huntington, New York, 11743. The Contractor has been designated to receive funds from the County for various delinquency prevention programs ("the Services") through the Contractor and its Implementing Agency as set forth in Article I, entitled "Description of Services." Term of the Contract: January 1, 2015 through December 31, 2015. Total Cost of the Contract: Shall not exceed $9,063.00, to be paid as set forth in Articles V and VI, attached. Terms and Conditions: Shall be as set forth in Articles I through VI, attached hereto and made a part hereof: In Witness Whereof, the parties hereto have executed the Contract as of the latest date written below. Town of Sout Id By:- Name y: NameJ( ( Title J' cAy�l moi' <,r <2 e— Fed. Tax IEf # t ( - � �20 t c�, Date g/45 /a, hereby certifies under penalties of perjury that I am an officer of � I ®cJ 11 O -P ' i_n �� d , that I have read and I am familiar with §A5-7 of Article V of the Suffolk County Code, and that 1 D cel dl o -r S064 i66 Jj2� meets all requirements to qualify f xemption thereunder. N Date t01 S�/ $ ADDITONAL SIGNATURES ON FOLLOWING PAGE County of Suffolk. By: Dennis M. Cohen Chief Deputy County Executive Date: Family Service League By: Name Title Federal Tax ID# Date - hereby certifies under penalties of perjury that I am an officer of that I have read and I am familiar with §A5-7 of Article V of the Suffolk County Code, and that meets all requirements to qualify for exemption thereunder. Date Name 1 of 28 pages Rev. 3/20/15 Law No. 15 -YO - Y02 Youth Bureau. Implementing Agency Approved: Department By: Name: Roderick Pearson Title: Executive Director Date Approved as to Form: Dennis M. Brown, County Attorney By: Patricia M. Jordan Assistant County Attorney Date 2 of 28 pages IFMS SCSEXE 15000002839 Pseudo Code ARHI . Rev. 3/20/15 Law No. 15 -YO - Y02 Youth Bureau Implementing Agency IFMS SCSEXE 15000002839 Pseudo Code ARM I List of Articles Article I Description of Services Article -I -A Department Specific Provisions 1. Certificate of Incorporation; Board Meetings 2. Contractor's Staff a. Prior Approval b. Current Procedures 3. Human Services Division Technical Assistance and Training Article II Definitions L Meanings of Terms 2. Elements of Interpretation Article III General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations,_ b. Qualifications, Licenses, and Professional Standards c. Notifications d. Documentation of Professional Standards e. Credentialing f Engineering Certificate 2. Termination a. Thirty Days Termination b. Event of Default; Termination on Notice C. Termination Notice . d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger; No Oral Changes 8. Set -Off Rights 9. Non -Discrimination in Services 10. Nonsectarian Declaration 11. Governing Law 12. No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor 18. No Intended Third Party Beneficiaries 3 of 28 pages Rev. 3/20/15 Law No. 15 -YO- IFMS SCSEXE 15000002839 Y02 Youth Bureau Implementing Agency Pseudo Code ARM 19. Certification as to Relationships 20. Publications 21. Copyrights and Patents a. Copyrights_ b. Patents. 22. Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for ;Construction or Future Construction 24. Certification Regarding Lobbying ° 25. Record Retention 26. Contract Agency Performance Measures and Reporting Requirements -Local Law No. 41-2013 27. Notice Article IV Suffolk County Legislative Requirements 1. Contractor's/Vendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 12. Safeguarding Personal Information of Minors 13. Contract Agency Performance Measures and Reporting Requirements 14. Suffolk County Local Laws Website Address Article V General Fiscal Terms and Conditions 1. General Payment Terms a. Presentation of Suffolk County Payment Voucher b. Voucher Documentation c. Payment by County d. Budget Modification e. Budget and/or Services Revisions f. Taxes g. Final Voucher 2. Subject to Appropriation of Funds 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures 4. Accounting Procedures 5. Audit of Financial Statements 6. Financial Statements and Audit Requirements 7. Furniture, Fixtures, Equipment, Materials, Supplies a. Purchases, Rentals or Leases Requiring Prior Approval b. Purchase Practices/Proprietary Interest of County 4 of 28 pages Rev. 3/20%15 Law No, 15 -YO- IFMS SCSEXE 15000002839 Y02 Youth Bureau Implementing Agency Pseudo Code ARHI c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Property in Contractor's Custody f. Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non -County Funded Activities e. Potential Revenue f. Payments Contingent upon State/Federal Funding g. Denial of Aid h. Budget is Payment of Claims J. Payments Limited to Actual Net Expenditures k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 1. Salaries m. Salary Increases n. Contractor Vacancies o. No Limitation On Rights p. Comptroller's Rules and Regulations Article VI Budget 5 of 28 pages Rev. 3/20/15 Law No. 15 -YO - Y02 Youth Bureau Implementing Agency IFMS SCSEXE 15000002839 Pseudo Code ARM Article I Description of Services Whereas, the Contractor has been identified in the 2015 Suffolk County Adopted Budget under the pseudo code as listed on page one of the Contract to perform the Services for the Department; and Whereas, the Department desires to have the Contractor provide a Juvenile Delinquency Prevention Program; and' Whereas, the Contractor agrees to provide such a program to the County; Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Contractor References All references in this. Contract to "Contractor" shall be deemed to refer to the Contractor and to the Implementing Agency, except as otherwise indicated; provided that all provisions relating to Contractor's staff shall be deemed to apply only to the Implementing Agency. 3. Legislative Designated Funding Application; Description of Services (See 2-3 Pages Following, As Applicable) Remainder of Page Intentionally Left Blank 6 of 28 pages ARTICLE I I 1 OCFS-5001(Rev. 10/2009) �i NEW YORK STATE - OFFICE OFC CHILDREN AND H FAMILY SERVICES INDIVIDUAL PROGRAM- APPLICATION Agency �san,rnary Sponsoring COUNTY OF SUFFOLK SUFFOIJ<. Municipality: County: TOWN OF SOU IHOLD Implementing Agency: Program Title: Agency Street Address: City: SOUTH.W D YOUTH SERVICES PO BOX 1179 SOUTHO.L•D., Federal ID#: - 11-6001 Charities Reg.#: N / A Total Programs9 0 6 3 Budget (10051.) OCFS Funds Requested $ ( % of Total) 'Youth Bureau Allocated $ . °Youth Bureau Only State: NY i Code: .11971 PePiod of Actual Program 00ration. FROM 01/01/15 TO 12./31/15 Hours of Operation FROM 9am TO Spm Dally* • ❑• Weekly • ❑ Monthly ❑ EX@CUtiVe•D•lFect& ' ❑ Board Chairperson (631) 765-1889 ( 60 765-1823 Q Other SUPERVISOR TELEPHONE NUMBER FAX NUMBER SCOTT A. RUSSELL ; PRINT NAME SCOTT. RUSSELL@TOWN.SOUTHOLD.NYLUS W OUTHOLDTO.WNW.GO' EMAIL ADDRESS WEBSITE (IF ;APPL'ICABLE) PH I LLI P BELTZ YOUTH BUREAU DIF(. 765-5806 CONTACT PERSON TITLE " . TELEPHONE NUMBER P H ILLI P. BELTZ@town. south old. ny. us, ( 631) 765-1823 EMAIL ADDRESS FAX NUMBER SCOTT, A. RUSSELL -SUPERVISOR FISCAL OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS The Agency Is: n Private Nnt fnr Prnff r-1 PROGRAM.SITES, Type- -' - u ��•.� Most Significant (3 Maximum) 'Address (Street; City, $tate, •Zip) LJ 1\GIIa�IVY.7 Assembly Dist. No. VVI f71J1GUV11 NYS Senate Dist. No. Local Plan'g Bd ' City Council DistrIct Office Town Hall, 53095 Main Road 1 1 Southold, NY 11971 MUNICIPAL AGENCIES ONLY Cheek if: ❑ Jgint Program • El Purchase of Service 1. Specify Program Code and Name of Other Participating Municipalities: I 2. Is the attached Program Total Budget (Form OCFS-3107) a combined budget for all oarticioatina municipalities? F- Yes F1 No m PROGRAM DESCRIPTION The Southold Youth Services Program provides individual, group, family and crisis intervention counseling plus alcohol and substance abuse prevention/education services for the Town of Southold. The Southold Youth Services Program is open to all Suffolk County youth and their families. The Youth Service counselor also administers the Southold Town Community Service Sentencing Program for youth sentenced in the Southold Town Justice_ Court. The recidivism rate for those youth involved in the CSSP is less than 2%.- The %. The Youth Service counselor maintains a referral network with other youth service agencies, schools, the Southold Juvenile Aid Bureau, Suffolk County Probation Department and the Suffolk County Family Court, in the solution of youth related matters. The budget for the Youth Services program for 2015 is $33,000. Law No. 15 -YO - Y02 Youth Bureau Implementing Agency Article IA Department Specific Provisions 1. Certificate of Incorporation; Board Meetings a. The Contractor shall furnish the Department with certified copies of its Certificate of Incorporation and by-laws, including any amendments thereto, at the time it signs this Contract, to the extent not already on file with the Department, and any amendments thereto during the term of this Contract promptly upon their adoption, and a list of the board members governing the Contractor from time to time. The contractor shall not dissolve any existing corporation or establish any new corporation with the responsibility for the operation of the program without the prior written approval of the Department. b. Minutes of the Contractor's annual board meeting and one other board meeting, no longer than six (6) months thereafter, should be , forwarded to the Department, within two (2) weeks after the conclusion of the meetings. 2. Contractor's Staff a. Prior Approval The Department shall have the right to prior approval of the filling of any position now vacant or hereafter becoming vacant and may, in the exercise of that right, promulgate reasonable regulations involving position control which shall, when promulgated, be deemed to be incorporated by reference in and be made part of this Contract. b. Current Procedures (1) Resumes The Contractor, at its own expense, agrees to furnish to the Department resumes of all personnel to be hired for the Services referred to in this Contract, prior to their being hired. Resumes shall include, but not limited to: i.) Previous job title(s) of the individual employee and the length of employment under each title; and/or ii.) Previous experience and length of previous experience with a task or tasks similar or equal to the Services, IFMS SCSEXE 15000002839 Pseudo Code ARHI 7 of 28 pages ARTICLE I (2) Contractor Letters The Contractor agrees to furnish to the County letter(s) regarding all personnel to be hired for the Services. The letter(s) shall include, but not be limited to: i.) The specific tasks to be performed by the individual employees during the course of the Services. ii.) Salaries and hours to be worked by the individual employees during the course of the Services. (3) County Approval The County reserves the right to approve principal services personnel proposed by the Contractor at the time of entering into this Contract. Reasons for the County not approving said personnel shall be for lack of qualification or lack of demonstration by the Contractor that said proposed personnel will not have a deleterious effect on the proper and efficient operation of the Services. (4) Job Descriptions, Qualifications The Contractor will nominate to the Department a Service director chosen on the basis of the job description below. The Department shall review such nominations and may confirm them. Other staff positions provided for in this Contract will be filled in accordance with written job descriptions as provided below. Employment of any staff member under the terms of this Contract shall be subject to ongoing review for competency and aptitude of the staff member by the Department or its designees. The Department may, recommend dismissal or suspension of any staff member under this Contract. (5) Service Director i.) Qualifications: Graduation 'from an accredited college and/or university with a Master's Degree in Social Work; or a Bachelor's Degree (4 -year college Law No. 15 -YO - Y02 Youth Bureau Implementing Agency IFMS SCSEXE 15000002839 Pseudo Code ARM degree) plus 2 years and capacity for development experience in Human in professional Services. use of self in relationships. ii.) Duties: Responsible for (7) Service Aides overall Service; hires and fires staff; chairs youth i.) Qualifications: High School advisory committee; Diploma and preferably some administers and directs all paid experience in youth Contractor Services; is work. responsible to Board of Directors of the Contractor ii) Duties: Report to Service and has immediate charge of director; shall cavy out and responsibility for the assignments a$ Services; renders direct paraprofessionals; shall keep services to clients as written_ records and reports of required; selects, trains and work accomplished; shall supervises program aides, demonstrate ability to learn, -• nonprofessional staff and ability to relate successfully volunteers; has charge of to clients and community; petty cash account; make and capacity for development purchases and expends funds in professional use of self in under the direction of the relationships. treasurer of the corporation or such other officers as the 3: Human Services Division Technical Assistance and Board of the corporation may Training direct. a. The Contractor agrees to participate in the (6) Youth Worker Human Services Division Technical Assistance and Training Program. Such agreed participation i.) Qualifications: Bachelor's will include staff training on the topic of Degree (4 -year college HIV/AIDS and not more than three (3) days -per - degree from an accredited year attendance at training on topics that may college). include, but not be limited to, contract financial reporting, the setting of service goals and ii.) Duties: Provides counseling, objectives, and service development. group work services, and professional supervision in b. The Contractor may participate, at its election, in lounge activities, is any additional training made available by the responsible to the Service Human Services Division. director. Also shall keep written records and reports of End of Text for Article IA work accomplished; shall demonstrate ability to learn, ability to relate successfully to clients and the community, 8 of 28 pages ARTICLE I Law No. 15 -YO - Y02 Youth* Bureau Implementing Agency Article 1I Definitions 1. Meanings of Terms As used herein: "Audit of Financial Statements" means the examination by the Comptroller and any Federal or State auditing authority of the financial statements of the Contractor resulting in the publication of an independent opinion on whether or not those financial statements are relevant, accurate, complete, and fairly presented. "Budget" means the Contractor's summary or plan of all intended revenue, whether received in the form of fees, grants, County funding, or any other source, and expenditures necessary to render the Services. "Budget Deficiency Plan" means an analysis of the cost of the Services, changes in fiscal conditions, and required modifications to the Contract to continue to render the Services. "Comptroller" means the Comptroller of the County of Suffolk. "Contract" means all terms and conditions of this Contract forming all rights and obligations of the Contractor and the County. "Contractor" means the signatory corporation, its officers, officials, employees, agents, servants, sub -contractors, and any successor or assign of any one or more of the foregoing performing the Services. "County" means the County of Suffolk, its departments, and agencies. "County Attorney" means the County Attorney of the County of Suffolk. "Department" means the signatory department approving the Contract. "Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying, as the case may be, under Section 7201 and Section 7203 of the State Education Law, respectively. . "Event of Default" means a. the Contractor's failure to perform any duty required of it under paragraphs 1(b) -(e) of . Article III. of the Contract; or IFMS SCSEXE 15000002839 Pseudo Code ARHI d. the Contractor's failure to comply with any Federal, State or local law, rule, or regulation, and County policies or directives; or e. the Contractor's bankruptcy or insolvency; or f. the Contractor's failure to cooperate in an Audit of Financial Statements; or g, the Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfeasance in financial record keeping arising out of, or in connection with, any contract with the County; or h. the Contractor's failure to submit, or failure to timely submit, documentation to obtain Federal or State funds; or i. the inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the Contractor; or j: any condition that the County determines, in its sole discretion, is dangerous. "Federal"' means the United States government, its -departments, and agencies. "Fringe Benefits" means non -wage benefits which accompany, or are in addition to, a person's salary, such as paid insurance, sick leave, profit-sharing plans, paid holidays, and vacations. "Fund Source" means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "Legislature" means the Legislature of the County of Suffolk. "Management Letter" means a letter certified as true by the Contractor's certified public accountant or chief financial' officer of findings and recommendations for improvements in internal fiscal control that were identified during an Audit of Financial Statements, but which were not required to be included in an audit report: "Municipal Corporation" means a town, village, or school district. "Services" means all that which the Contractor must do, and any part thereof arising out of, or in connection with, the Contract as. described in Article I "Description of Services." "State" means the State of New York. b. the Contractor's failure to maintain the amount "Statement of Other Contracts" means a complete list of all other and types of insurance with an authorized insurer contracts•under which money has been or will be paid to the as required by the Contract; or Contractor from the County, Federal, or State governments, or a Municipal Corporation, and (i) which are currently in effector (ii) C. the Contractor's failure to maintain insurance which have expired within the past twelve (12) months and have not required by the Contract with an insurer that has been renewed. designated the New York Superintendent of Insurance as its lawful agent for service of process; or "Suffolk County Payment Voucher" means the document authorized and required by the Comptroller for release of payment. 9 of 28 pages ARTICLE II Law No. 15 -YO - Y02 Youth Bureau Implementing Agency "Term" means the time period set forth on page one of the Contract and, if exercised by the County, the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative Words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall.include firms, associations, partnerships (including limited partnerships), trusts, corporations, and other legal entities, including public bodies, as well as natural persons, and shall include successors and assigns. Capitalized terms used, but not otherwise defined, herein, shall have the meanings assigned to them in the Contract. End of Text for Article II IFMS SCSEXE 15000002839 Pseudo Code ARHI 10 of 28 pages ARTICLE II Law No. 15 -YO - Y02 Youth Bureau Implementing Agency Article III General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations i.) It shall be the duty of the Contractor to discharge, or cause to be discharged, all of its responsibilities, and to administer funds received in the interest of the County in accordance with the provisions of the Contract. ii.) The Contractor shall promptly take all action as may be necessary to render the Services. iii.) The Contractor shall not take any action that is inconsistent with the provisions of the Contract, iv.) Services provided under this Contract shall be open to all residents of the County. b. Qualifications, Licenses, and Professional Standards The Contractor represents and warrants that it has, and shall continuously possess, during the Term, the required licensing, education, knowledge, experience, and character necessary to qualify it to render the Services. The Contractor shall continuously have during the Term all required authorizations, certificates, certifications, registrations, licenses, permits, and other approvals required by Federal, State, County, or local authorities necessary to qualify it to render the Services. C. Notifications i.) The Contractor shall immediately notify the County, in writing, of any disciplinary proceedings, commenced or pending, with any authority relating to a license held by any person necessary to qualify him, her, or the Contractor to perform the Services. ii.) In the event that a person is no longer licensed to perform the Services, the Contractor must immediately notify the County, but in no event shall such notification be later than five (5) days after a license holder has lost the license required to qualify the license holder or the Contractor to perform the Services. iii.) In the event that the Contractor is not able to perform the Services due to a loss of license, the Contractor shall not be reimbursed for the Services rendered after the effective date of termination of such license. Without limiting the generality of the foregoing, if any part of the Contract remains to be performed, and the IFMS SCSEXE 15000002839 Pseudo Code ARM termination of the license does not affect the Contractor's ability to render the Services, every other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted by law. d. Documentation of Professional Standards The Contractor shall maintain on file, in one location in Suffolk County, all records that demonstrate that it has complied with sub -paragraphs (b) and (c) above. The address of the location of the aforesaid records and documents shall be provided to the County no, later than the date of execution of the Contract. Such documentation shall be kept, maintained, and available for inspection by the County upon twenty-four (24) hours notice. e. Credentialing i.) In the event that the Department, or any division thereof, maintains a credentialing. process to qualify the Contractor to render the Services, the Contractor shall complete the required credentialing process. In the event that any State credential; registration, certification or license, Drug Enforcement Agency registration, or Medicare or Medicaid certification is restricted, suspended, or temporarily or permanently revoked, it is the duty of the Contractor to contact the Department, or division thereof, as the case may be, in writing, no later than three (3) days after such restriction, suspension, or revocation. ii.) The Contractor shall forward to the Department, or division thereof, as the case may be, on or before July 1 of each year during the Term, a complete list of the names and addresses of all persons providing the Services, as well as their respective areas of certification, . credentialing, registration, and licensing. Engineering Certificate In the event that the Contract requires any Engineering Services, the Contractor shall submit to the County, no later than the due date for submissionfor approval of any engineering work product, the Certificate of Authorization ("Certificate"), issued pursuant to § 7210 of the New York Education Law, of every person performing any Engineering Services. The failure to file, submit, or maintain the Certificate shall be grounds for rejection of any engineering work product submitted for approval. 2. Termination 11 of 28 pages ARTICLE III a. Thirty Days Termination. The County shall have the right to terminate the Contract without cause, for any reason, at any time, upon such terms and conditions it deems appropriate, provided, however, Law No. 15 -YO - Y02 Youth Bureau Implementing Agency that no such termination shall be effective unless the Contractor is given at least thirty (30) days notice. b. Event of Default; Termination on Notice i.) The County may immediately terminate the Contract, for cause, upon such terms and conditions it deems appropriate, in the Event of Default. ii.) If the Contractor defaults under any other provision of the Contract, the County may terminate the Contract, on not less than five (5) days notice, upon such terms and conditions it deems appropriate. C. Termination Notice Any notice providing for termination shall be delivered as provided for in paragraph 27 of this Article III.. d. Duties upon Termination i.) The Contractor shall discontinue the Services as directed in the termination notice.. ii.) Subject to any defenses available to it, the County shall pay the Contractor for the Services rendered through the date of termination. iii.) The County is released from any and all liability under the Contract, effective as of the date of the termination notice. iv.) Upon termination, the Contractor shall reimburse the County the balance of any funds advanced to the Contractor by the County no later than thirty (3 0) days after termination of the Contract. The provisions of this subparagraph shall survive the expiration or termination of the Contract. V.) Nothing contained in this paragraph shall be construed as a limitation on the County's rights set forth in paragraphs 1(e) (iii) and 8 of this Article III. 3. Indemnification and Defense a. The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses caused by the negligence or any acts or omissions of the Contractor, including reimbursement of the cost of reasonable attorneys' fees . incurred by°the County, its agents, servants, officials, and employees in any action or proceeding arising out of, or in connection with, the Contract. IFMS SCSEXE 15000002839 Pseudo Code ARHI b. . The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses arising out of any claim asserted for infringement of copyright, including reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and employees in any action or proceeding arising out of or in connection with any claim . asserted for infringement of copyright. C. The Contractor shall defend the County, its agents; servants, officials, and employees in any proceeding or action, including appeals, arising out of, or in connection with, the Contract, and any copyright infringement proceeding or action. Alternatively, at the County's option,. the County may defend any such proceeding or action and require the Contractor to pay reasonable attorneys' fees or salary costs of County employees of the Department of Law for the defense of any such suit. 4. Insurance 12 of 28 pages ARTICLE III a. The Contractor shall continuously maintain,' during the Term of the Contract, insurance in amounts and types as follows: i.) Commercial General Liability insurance, including contractual liability . coverage, in an amount not less than Two Million Dollars ($2;000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for.property damage. The County shall be named an additional insured. ii.) Automobile Liability insurance (if any non -owned or owned vehicles are used by the Contractor in the performance of the Contract) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand Dollars ($100,000.00) for property damage per occurrence. The County shall be named an additional insured. iii.) Workers' Compensation and Employer's Liability insurance in compliance with all applicable New York'State laws and regulations and Disability Benefits insurance, if required by law. The Contractor shall furnish to the County, prior to its execution of the Contract, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation Law. In Law No. 15 -YO - Y02 Youth Bureau Implementing Agency accordance with General Municipal Law § 108, the Contract shall be void and of no effect unless the Contractor shall provide and maintain coverage during the Term for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. iv.) Professional. Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) ori either a per -occurrence or claims -made coverage basis. b. The County may mandate an increase in the liability limits set forth in the immediately preceding paragraphs (4)(a)(i), (ii), and (iv): C. All policies providing such coverage shall be issued by insurance companies authorized to do business in New York with an A.M. Best rating of A- or better. d. The Contractor shall furnish to the County, prior to the execution of the Contract, declaration pages for each policy of insurance, other than a policy for commercial generalliability insurance, and upon demand, a true and certified original copy of 'each such policy evidencing compliance with the aforesaid insurance requirements. e. In the case of commercial general liability insurance and business use automobile insurance, the Contractor shall furnish to the County, prior to the execution of the Contract, a declaration page or insuring agreement and endorsement page evidencing the County's status as, an additional insured on said policy, and upon demand, a true and certified original copy of such policy evidencing compliance with the aforesaid insurance requirements. E All evidence of insurance shall provide for the County to be notified in writing thirty (30) days prior to any cancellation, nonrenewal, or material change in the policy to which such evidence relates. It shall be the duty of the Contractor to notify the County immediately of any cancellation, nonrenewal, or material change in any insurance policy. g. In the event the Contractor shall fail to provide evidence of insurance, the County may provide the insurance required in such manner as the County deems appropriate and deduct the cost thereof from a Fund Source. h. If the Contractor is a Municipal Corporation and has a self-insurance program under which it acts as a self - insurer for any of such required coverage, the Contractor shall provide proof, acceptable to the County, of self- funded coverage. 5. Independent Contractor The Contractor is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding anything contained in this Contract, the,Contract shall not IFMS SCSEXE 15000002839 Pseudo Code ARHI be construed as creating a principal -agent relationship between the County and the Contractor or the Contractor and the County, as the case may be. 6. Severability It is expressly agreed that if any term or provision of this Contract, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of the Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of the Contract shall be valid and shall be enforced to the fullest extent permitted by law. Merger; No Oral Changes It is expressly agreed that the Contract represents the entire agreement of the parties and that all previous understandings are herein merged in the Contract. No modification of the Contract shall be valid unless in written form and executed by both parties. 8. Set -Off Rights The County shall have all:of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold from a Fund Source an amount no greater than any sum due and owing to the County for any reason. The County shall exercise its set-off rights subject to approval by the County Attorney. In cases of set-off pursuant to a Comptroller's audit, the County shall only exercise such right after the finalization thereof, and only after consultation with the County Attorney. 9. Non -Discrimination in Services 13 of 28 pages ARTICLE III a. The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status i.) deny any individual the Services provided pursuant to the Contract; or ii.) provide the Services to an individual that is different, or provided in a different manner, from those provided to others pursuant to the Contract; or iii.) subject an individual to segregation or separate treatment in any matter related to the individual's receipt of the Services provided pursuant to the Contract; or iv.) restrict an individual in any way from any advantage or privilege enjoyed by others receiving the Services provided pursuant to the Contract; or treat an individual differently from others in determining whether or not the individual satisfies any eligibility or Law No. 15-YO- YO2 Youth Bureau Implementing Agency 10. 11 12. 13. other requirements or conditions which individuals must meet in order to receive the Services provided pursuant to the Contract. b. The Contractor shall, not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, or have the effect of substantially impairing the Contract with respect to individuals of a particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, in determining: i.) the Services to be provided; or ii.) the class of individuals to whom, or the situations in which, the Services will be provided; or iii.) the class of individuals to be afforded an opportunity to receive the Services. Nonsectarian Declaration The Services performed under the Contract are secular in nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to further the advancement of any religion. The Services will be available to all eligible individuals regardless of religious belief or affiliation. Governing Law The Contract shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of laws. Venue shall be designated in the Supreme Court, Suffolk County, the United States District Court for the Eastern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. No Waiver It shall not be construed that any failure or forbearance of the County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. Conflicts of Interest The Contractor shall not, during the Term, pursue a course of conduct which would cause a reasonable person to believe that he or she is likely to be engaged in acts that create a substantial conflict between its obligations under the Contract and its private interests. The Contractor is IFMS SCSEXE 15000002839 Pseudo Code ARM charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue as long as the Term. The determination as to whether or when a conflict may potentially exist shall ultimately be made by the County Attorney after full disclosure is 'obtained. 14. Cooperation on Claims The Contractor and the County shall render diligently to each other, without compensation, any and all cooperation that may be required to defend the other party, its employees and designated representatives, against any claim, demand or action that may be brought against the other party, its employees or designated representatives arising out of, or in connection with, the Contract. 15. Confidentiality Any document of the County, or any document created by the Contractor and used in rendering the Services, shall remain the property of the County and shall be kept confidential in accordance with applicable laws, rules, and• regulations. 16. . Assignment and Subcontracting a. The Contractor shall not delegate its duties under the Contract, or assign, transfer, convey, subcontract, sublet, or otherwise dispose of the Contract, or any of its right, title or interest therein, or its power to execute the Contract, or assign all or any portion of the monies that may be due or become due hereunder, (collectively referred to in this paragraph 16 as "Assignment"), to any other person, entity or thing without the prior written consent of the County, and any attempt to do any of the foregoing without such consent shall be void ab initio. b. Such Assignment shall be subject to all of the provisions of the Contract and to any other condition the County requires. No approval of any Assignment shall be construed as enlarging any obligation of the County under the terms and provisions of the Contract. No Assignment of the Contract or assumption by any person of any duty of the Contractor under the Contract shall provide for, or otherwise be construed as, releasing the Contractor from any term or provision of the Contract. 17. Changes to Contractor 14 of 28 pages ARTICLE III a. The Contractor may, from time to time, only with the County's written consent, enter into a Permitted Transfer. For purposes of the Contract, a Permitted Transfer means: 1.) if the Contractor is a partnership, the withdrawal or change, whether 'voluntary, involuntary or by operation of law, of the partners, or transfer of partnership interests (other than the purchase of partnership interests by Law No. 15- YO - Y02 Youth Bureau Implementing Agency IFMS SCSEXE 15000002839 Pseudo Code ARHI existing partners, by the partnership itself or the immediate family members by reason of gift, sale or devise), or the dissolution of the partnership without immediate reconstitution thereof, and ii.) if the Contractor is a closely held corporation (i.e. whose stock is not publicly held and not traded through an exchange or over the counter): 1. the dissolution, merger, consolidation or other reorganization of the Contractor; and 2. the sale or other transfer of twenty percent (20%) or more of the shares of the Contractor (other than to existing shareholders, the corporation itself or the immediate family members of shareholders by reason of gift, sale or devise). 18. b. • If the Contractor is a not-for-profit corporation, a change of twenty percent (20%) or more of its shares or members shall be deemed a Permitted Transfer. C. The Contractor shall notify the County in writing, which notice (the "Transfer Notice") shall include: i.) the proposed effective date of the 19. Permitted Transfer, which shall not be less than thirty (30) days nor more than one hundred eighty (180) days after the date of delivery of the Transfer Notice; ii.) a summary of the material terms of the proposed Permitted Transfer; iii.) the name and address of the.proposed transferee; iv.) such information reasonably required by the County, which will enable the 20. County to determine the financial responsibility, character, and reputation of the proposed transferee, nature of the proposed assignee/transferee's business and experience; V.) all executed forms required pursuant to Article IV of the Contract, that are required to be submitted by the 21. Contractor; and A.) such other information as the County may reasonably require. 15 of 28 pages ARTICLE III d. The County agrees that any request for its ' consent to a Permitted Transfer shall be granted, provided that the transfer does not violate any provision of the Contract, and the transferee has not been convicted of a criminal offense as described under Article II of Chapter 189 of the Suffolk County Code'. The County shall grant or deny its consent to any request of a Permitted Transfer within twenty (20) days after delivery to the County of the Transfer Notice, in accordance with the provisions of Paragraph 27 of Article III of the Contract. If the County shall not give written notice, to the Contractor denying its consent to such Permitted Transfer (and setting forth the basis for such denial in reasonable detail) within such twenty (20) -day period, then the County shall be deemed to have granted its consent to such Permitted Transfer. e. Notwithstanding the County's consent, i.). the terms and conditions of the Contract shall in no way be deemed to have been waived or modified; and ii.) such consent shall not be deemed consent to any further transfers. No Intended Third Party Beneficiaries The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a beneficiary of the Contract and no third party shall have the right to make any claim or assert any right under the Contract. Certification as to Relationships The Contractor certifies under penalties of perjury that, other than through the funds provided in the Contract and other valid agreements with the County, there is no known spouse, life partner, business, commercial, economic, or financial relationship with the County or its elected officials. The Contractor also certifies that there is no relationship within the third degree of consanguinity, between the Contractor, any of its partners, members, directors, or shareholders owning five (5%) percent or more of the Contractor, and the County. Publications Any book, article, report, or other publication related to the Services provided pursuant to this Contract shall contain the following statement in clear and legible print: "This publication is fully or partially funded by the County of Suffolk." Copyrights and Patents a. Copyrights Any and all materials generated by or on behalf of the Contractor while performing the Services (including, Law No. 15 -YO- IFMS SCSEXE 15000002839 YO2 Youth Bureau Implementing Agency Pseudo Code ARHI without limitation, designs, images, video, reports, authorized by agreement, it is not in arrears to the County analyses, manuals, films, tests, tutorials, and any other upon any debt,.. contract, or any other lawful obligation, and work product of any kind) and all intellectual property is not in default to the County as surety. rights relating thereto ("Work Product") are and shall be State, and/or County auditors and any persons duly the sole property of the County. The Contractor hereby 23. Lawful Hiring of Employees Law in Connection with assigns to the County its entire right, title and interest, if Contracts for Construction or Future Construction any, to all Work Product, and agrees to do all acts and Such access is granted notwithstanding any exemption execute all documents, and to use its best efforts to ensure In the event that the Contract is subject to the Lawful that its employees, consultants, subcontractors, vendors and Hiring of Employees Law of the County of Suffolk,. Suffolk. agents do all acts and execute any documents, necessary to County Code Article II of Chapter 353, as more fully set vest ownership in the County of any and all Work Product. forth in the Article entitled "Suffolk County Legislative The Contractor may not secure copyright protection. The Requirements," the Contractor shall maintain the County reserves to itself, and the Contractor hereby gives documentation mandated to be kept by this law on the to the County, and to any other person designated by the construction site at all times. Employee sign -in sheets and County, consent to produce, reproduce, publish, translate, register/log books shall be kept on the construction site at display or otherwise use the Work Product. This paragraph all times and all covered employees, as defined in the law, shall survive any completion, expiration or termination of shall be required to sign such sign -in sheets/register/log this Contract. books to indicate their presence on the construction site otherwise use any item so discovered and/or the right to during such working hours. The County shall be deemed to be the author of all the Work Product. The Contractor acknowledges that all Work 24. Certification Regarding Lobbying Product shall constitute "work made for hire" under the Contract Agency Performance Measures and Reporting U.S. copyright laws. To the extent that any Work Product Together with this Contract and as a condition precedent to does not constitute a "work made for hire," the Contractor its execution by the County, the Contractor shall, have hereby assigns to the County all right, title and interest, executed and delivered to the County the Certification including the right, title and interest to reproduce, edit, Regarding Lobbying (if payment under this Contract may adapt, modify or otherwise use the Work Product, that the exceed $100,000) as required by Federal regulations, and Contractor may have or may hereafter acquire in the Work shall promptly advise the County of any material change in Product, including all intellectual property rights therein, in any of the information reported on such Certification, and any manner or medium throughout the world in perpetuity shall otherwise comply with, and shall assist the County in without compensation. This includes, but is not limited to, complying with, said regulations as now in effect or as the right to reproduce and distribute the Work Product in amended during the term of this Contract. electronic or optical media, or in CD-ROM,'on-line or similar format. 25. Record Retention b. Patents The Contractor shall retain all accounts, books, records,. and other documents relevant to the Contract for -seven (7) If the Contractor develops, invents, designs or creates any years after final payment is made by the County. Federal, idea, concept, code, processes or other work or materials State, and/or County auditors and any persons duly during the Term, or as a result of any Services performed authorized by the County shall have full access and the under the Contract ("patent eligible subject matter"), it right to examine any of said materials during said period. shall be the sole property of the County. The Contractor Such access is granted notwithstanding any exemption hereby assigns to the County its entire right, title and from disclosure that may be claimed for those records interest, if any, to all patent eligible subject matter, and which are. subject'to nondisclosure agreements, trade agrees to do all acts and execute all documents, and to use secrets and commercial information or financial its best efforts to ensure that its employees, consultants, information that is privileged or confidential Without subcontractors, vendors and agents do all acts and execute limiting the generality of the foregoing, records directly any documents, necessary to vest ownership in the County related to contract expenditures shall be kept for a period of of any and all patent eligible subject matter. The ten (10) years because the statute of limitations for the New Contractor may not apply for or secure for itself patent York False Claims Act (New York False Claims Act § 192) protection. The County reserves to itself, and the is ten (10) years. Contractor hereby gives to the County, and to any other person designated by the County, consent to produce or otherwise use any item so discovered and/or the right to secure a patent for the discovery or invention. This paragraph shall survive any completion, expiration or termination of this Contract. 26. Contract Agency Performance Measures and Reporting Requirements — Local Law No. 41-2013 22. Arrears to County a. If payment under this Contract may exceed Contractor warrants that, except as may otherwise be $50,000, it is subject to the requirements of Suffolk County 16 of 28 pages ARTICLE III Law No. 15-YO- YO2 Youth Bureau Implementing Agency Local Law No. 41-2013, a Local Law to Implement Performance Measurement to Increase Accountability.and Enhance Service Delivery by Contract Agencies (Article VIII of Chapter 189 of the Suffolk County Code) as set forth in Exhibit 2 entitled "Suffolk County Legislative Requirements." b. The Contractor shall cooperate with the Department in all aspects necessary to help carry out the requirements of the Law. Based on criteria established by the Contractor in conjunction with the Department, the Contractor shall submit monthly reports regarding the Contractor's performance relative to the established criteria, on dates and times as specified by the Department. C. The Contractor shall submit an annual report to the Department regarding the Contractor's performance no later than July 31 of each year of the Term. All performance data and reports will be subject to audit by the Comptroller. 27. Notice Unless otherwise expressly provided, all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1.) to the. Contractor at the address on page 1 of the Contract and 2.) to the County at the Department, or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 11788-0099. End of Text for Article III IFMS SCSEXE 15000002839 Pseudo Code ARHl 17 of 28 pages ARTICLE III Law No. 15 -YO- IFMS SCSEXE 15000002839 Y02 Youth Bureau Implementing Agency Pseudo Code ARM Application for County Compensation (Contract)." Article IV Suffolk County Legislative Requirements Suffolk County Living Wage Form LW -38; entitled "Suffolk County Department of Labor — Living Wage Unit NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Living Wage Certification/Declaration — Subject To REQUIRED FORMS REFERENCED HEREIN ARE Audit." AVAILABLE ON FILE AT THE COUNTY ATTORNEY'S OFFICE AND THE DEPARTMENT NAMED ON THE 3. Use of County Resources to Interfere with Collective SIGNATURE PAGE OF THIS CONTRACT. Bargaining Activities It shall be the duty of the Contractor to read, become 1. Contractor'sNendor's Public Disclosure Statement familiar with, and comply with the requirements of Article I of Chapter 803 of the Suffolk County. Code. It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of section County Contractors (as defined by section 803-2) shall A5-7 of Article V of the Suffolk County Code. comply with all requirements of Chapter 803 of the Suffolk County Code, including the following prohibitions: Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-7 of Article V of the Suffolk County Code, the Contractor represents and warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County Administrative Code Article V, section A5-7 and shall file an update of such statement with the Comptroller on or before the 31 st day of Januaryy in each year of the Contract's duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of the Contract, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies; of fifteen percent (15%) of the amount of the Contract. . Required Form: Suffolk County Form SCEX 22; entitled "Contractor'sNendor's Public Disclosure Statement" 2. Living Wage Law It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 575, of the Suffolk County Code. This Contract is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific . exemptions apply, all employers (as defined) under service contracts and recipients of County financial assistance, .(as defined) shall provide payment of a minimum wage to employees asset forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. Required Forms: Suffolk County Living Wage Form LW -1; entitled "Suffolk County Department of Labor — Living Wage Unit Notice of a. The Contractor shall not use County funds to assist, promote, or deter union organizing. b. _ No County funds. shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. C. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If the Services are performed on County property, the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non - intimidation agreement, and a majority authorization card agreement. If the Services are for the provision of human services and are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions of Chapter 803, the County shall have the authority, under appropriate circumstances, to terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. Required Form:, Suffolk County Labor Law Form DOL -LO I; entitled "Suffolk County Department of Labor — Labor Mediation Unit Union Organizing Certification/Declaration = Subject to Audit." 4. Lawful Hiring of Employees Law 18 of 28 pages ARTICLE IV It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article II of Chapter 353 of the Suffolk County Code. This. Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensation from the Law No. 15 -YO - Y02 Youth Bureau Implementing Agency . County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency„ where such compensation is one hundred percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the . form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized ' representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers,, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed sworn, affidavit (under penalty of perjury), -,the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January 1 of each year for the duration of any contract and upon the renewal or amendment of the Contract, and whenever a new contractor or subcontractor is hired under the terms of the Contract. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the Contract. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate the Contract for violations of this Law and to seek other remedies available under the law. The documentation mandated to be kept by this law shall at all times be kept on site. Employee sign -in sheets and register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the IFMS SCSEXE 15000002839 Pseudo Code ARM 19 of 28 pages ARTICLE IV law, shall be required to sign such sign -in sheets/register/log books to indicate their presence on the site during such working hours. Required Forms: Suffolk County Lawful Hiring of Employees Law Form LHE-1; entitled "Suffolk County Department of Labor — Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. Section 1324a) With Respect To Lawful Hiring of Employees." Suffolk County Lawful Hiring of Employees Law Form LHE-2; entitled "Affidavit Of Compliance With The Requirements Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring Of Employees" Gratuities It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 664 of the Suffolk County Code. The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of the County or the State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement. Prohibition.Against Contracting with Corporations that Reincorporate Overseas It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of sections A4-13 and A4-14 of Article IV of the Suffolk County Code. The Contractor represents that it is in compliance with sections A4-13 and A4-14 of Article IV of the Suffolk County Code. Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. Child Sexual Abuse Reporting Policy It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article Il of Chapter 880 of the Suffolk County Code. The Contractor shall comply with Article II of Chapter 880, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy," as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of the Contract with regard to child sexual abuse reporting policy. Law No. 15 -YO - Y02 Youth Bureau Implementing Agency 8. 10. 11. IFMS SCSEXE 15000002839 Pseudo Code ARM Non Responsible Bidder Contract or exercise such other remedies as may be appropriate in the circumstances. It shall be the duty of the Contractor to read, become department to identify the key performance measures familiar with, and comply with the requirements of Article 12. Safeguarding Personal Information of Minors II of Chapter 189 of the Suffolk County Code. provides and shall develop an annual performance It shall be the duty of the Contractor to read, become familiar Upon signing the Contract, the Contractor certifies that it with, and comply with the requirements of Suffolk County has not been convicted of a criminal offense within the last Local 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 after a trial or a plea of guilty to an offense evaluation of the contract agency's performance measures. covered under section 189-5 of the Suffolk County Code Allcontract agencies that provide services to minors are under "Nonresponsible Bidder." required to protect the privacy of the minors and are strictly or policy by the County does not represent approval or prohibited from selling, or otherwise providing to any third Use of Funds in Prosecution of Civil Actions parry, in any manner whatsoever, the personal or identifying Prohibited information of any minor participating in their programs. It shall be the duty of the Contractor to read, become 13. Contract Agency Performance Measures and familiar with, and comply with the requirements of Article Reporting Requirements III of Chapter 893 of the Suffolk County Code. It shall be the duty of the Contractor to read, become familiar The Contractor shall not use any of the moneys,Jn part or with, and comply with the requirements of Suffolk County in whole, and either directly or indirectly, received under Local Law No. 41-2013, a Local Law to Implement the Contract in connection with the prosecution of any civil Performance Measurement to Increase Accountability and action against the County in any jurisdiction or any judicial Enhance Service Delivery'byContract Agencies (Article VIII or administrative forum. of Chapter' 189 of the Suffolk County Code). Youth Sports All contract agencies having a contract in excess of $50,000 shall cooperate with the contract's administering It shall be the duty of the Contractor to read, become department to identify the key performance measures familiar with, and comply with Article III of Chapter 730 of related to the objectives of the service the contract agency the Suffolk County Code. provides and shall develop an annual performance reporting plan. The contract agency shall cooperate with All contract agencies that conduct youth sports programs the administering department and the County Executive's are required to develop and maintain a written plan or performance management team to establish working groups policy, addressing incidents of possible or actual concussion to identify appropriate performance indicators for monthly or other head injuries among sports program participants. evaluation of the contract agency's performance measures. Such plan or policy must be submitted prior to the award of a County contract, grant or funding. Receipt of such plan 14. Suffolk County Local Laws Website Address or policy by the County does not represent approval or endorsement of any such plan or policy, nor shall the Suffolk County Local Laws, Rules and Regulations County be subject to any liability in connection with any can be accessed on the homepage of the Suffolk such plan or policy. County Legislature. Work Experience Participation End of Text for Article IV 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 20 of 28 pages ARTICLE IV Law No. 15 -YO- IFMS SCSEXE 15000002839 YO2 Youth Bureau Implementing Agency Pseudo Code ARM Article V County Department of Audit and Control, shall General Fiscal Terms and Conditions be furnished to the County pursuant to, and as limited by, the Regulations for Accounting 1. General Payment Terms Procedures for Contract Agencies of the Suffolk County Department of Audit and Control. In a. Presentation of Suffolk County Payment addition to any other remedies that the County Voucher may. have, failure to supply the required documentation will disqualify the Contractor In order for payment to be made by the County to from any further County contracts. the Contractor for the Services, the Contractor shall prepare and present a Suffolk County C. Payment by County Payment Voucher, which shall be documented"by sufficient, competent and evidential matter. Each Payment by the County shall be made within Suffolk County Payment Voucher submitted for thirty (30) days after -approval of the Suffolk payment is subject to Audit at any time during County Payment Voucher by the Comptroller. the Term or any extension thereof. This provision shall survive expiration or termination d• Budget Modification of this Contract for a period of not less than seven (7) years, and access to records shall be as i•) The parties shall use the Contract set forth in paragraph 25 of Article "III, and Budget Modification Request form paragraph 4(b) of Article V. ("Budget Modification") for revisions to the Budget and Services not b. Voucher Documentation involving an increase to the total cost of the Contract.. If the Contractor is The Suffolk County Payment Voucher shall list seeking such a modification, the: all information regarding the Services and other Contractor shall contact the items for which expenditures have been or will be Department to receive the form Ond made in accordance mith the Contract. Either enter the required information. When upon execution of the Contract (for the Services the County and the Contractor agree as already rendered and expenditures already made); to such revisions, the Contractors shall or not more than thirty (30) days after the sign the Budget Modification foam and expenditures were made, and in no event after the return it to the County for execution 31" day of January following the end of each year, along with any other documentation the of the Contract, the Contractor shall furnish the Department may require. County with detailed documentation in support bf the payment for the Services or expenditures ii.) Such request must be made in advance under the Contract e.g, dates of the Service, of incurring any expenditure for which worksite locations, activities, hours worked, pay" the revision is needed. rates and all program Budget categories. The Suffolk County Payment Voucher shall include iii.) Upon complete execution of the Budget time records, certified by the Contractor as true Modification form, the County shall and accurate, of all personnel for whom return a copy to the Contractor. The expenditures are claimed during the period. revision shall not be effective until the Time and attendance records of a project director, Budget Modification is completely if any, shall be certified by the Chairperson, executed. President or other designated member of the Board of Directors of the Contractor. All Suffolk iv.) The Budget Modification form may be County Payment Vouchers must bear a signature submitted only -twice per calendar'year as that term is defined pursuant to New York and may only be submitted prior to November 151h. that State General Construction Law §46 by duly of year. authorized persons, and certification of such authorization with certified specimen signatures e. Budget and/or Services Revisions thereon must be filed with the County by a Contractor official empowered to sign the i.) The parties shall use the Contract Contract. Disbursements made by the Contractor Budget/Services Revision Approval in accordance with the Contract and submitted Form (Budget /Services Revisions) for for reimbursement must be documented and must revisions to the Budget and Services comply with accounting procedures as set forth involving any change to the total cost by the Suffolk County Department of Audit and of the Contract due to a resolution of Control. Documentation, including any other the Legislature, changes to the form(s) required by County or the Suffolk County's adopted annual budget, or for 21 of 28 pages ARTICLE V Law No. 15-YO- YO2 Youth Bureau Implementing Agency any other reason necessitating revisions to the Budget or Services. ii.) When the County and the Contractor agree as to such revisions, the Department will enter the information into the Budget/Services Revisions form and send it to the Contractor for signature. The Contractor shall return it to the County for execution along with any other documentation the Department may require. iii.) Upon complete execution of the form by the parties, the County shall return a copy to the Contractor. The revision shall not be effective until the Budget /Services Revisions is completely executed. IFMS SCSEXE 15000002839 Pseudo Code ARHI conditions under which such reimbursement shall be paid. C. The County may, during the Term, impose a Budget Deficiency Plan. In the event that a Budget Deficiency Plan is imposed, the County shall promptly notify the Contractor in writing of the terms and conditions thereof, which shall be deemed incorporated in and made a part of the Contract, and the Contractor shall implement those terms and conditions in no less than fourteen (14) days. 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures a. Upon request, the Contractor shall submit to the County a current copy, certified by the Contractor as true and accurate, of its f. Taxes i.) salary scale for all positions listed in The charges payable to the Contractor under the the Budget; Contract are exclusive of federal, state, and local taxes, the County being a municipality exempt ii.) personnel rules and procedures; from payment of such taxes. iii,) pension plan and any other employee benefit plans or arrangements. g. Final Voucher b. The Contractor shall not be entitled to The acceptance by the Contractor of payment of reimbursement for costs under any pension or all billings made on the final approved Suffolk benefit plan the Comptroller deems commercially County Payment Voucher shall operate as and unreasonable. shall be a release of the County from all claims by the Contractor through the date of the c. Notwithstanding anything in this paragraph 3 of Voucher. this Article V, the County shall not be limited in requesting such additional financial information 2. Subject to Appropriation of Funds it deems reasonable. a. .The Contract is subject to the amount of funds 4. Accounting Procedures appropriated each fiscal year and any subsequent modifications thereof by the County Legislature a. The Contractor shall maintain accounts, books, and no liability shall be incurred by the County records, documents, other evidence, and beyond the amount of funds appropriated each accounting procedures and practices which fiscal year by the County Legislature for the sufficiently and properly reflect all direct and Services. indirect costs of any nature expended in the performance of the Contract, in accordance with b. If the County fails to receive Federal or State generally accepted accounting principles and funds originally intended to pay for the Services, with rules, regulations and financial directives, as or to reimburse the County, in whole or in part, may be promulgated by the Suffolk County for payments made for the Services, the County Department of Audit and Control and the shall have the sole and exclusive right to: Department. The Contractor shall permit inspection and audit of such accounts, books, i.) determine how to pay for the Services; records, documents and other evidence by the Department and the Suffolk County Comptroller, ii.) determine future payments to the or their representatives, as often as, in their Contractor; and judgment, such inspection is deemed necessary. Such right of inspection and audit as set forth in iii.) determine what amounts, if any, are subparagraph b. below shall exist during the reimbursable to the County by the Term and for a period of seven (7) years after Contractor and the terms and expiration or termination of the Contract. 22 of 28 pages ARTICLE V Law No. 15 -YO - Y02 Youth Bureau Implementing Agency 5. 6. b. The Contractor shall retain all accounts, books, records, and other documents relevant to the Contract for seven (7) years after final payment is made by the County. Federal, State, and/or County auditors and any persons duly authorized by the County shall have full access and the right to examine any of said materials during said period. Such access is granted notwithstanding any exemption from disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and commercial information or financial information that is privileged or confidential. C. The Contractor shall utilize the accrual basis of accounting and will submit all financial reports and claims based on this method of accounting during the Term. Audit of Financial. Statements a. All payments made under the Contract are subject to audit by the Comptroller pursuant to Article V of the Suffolk County Charter. The Contractor further agrees that the Comptroller and the Department shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transactions or other records relating to services under the Contract. If such an audit discloses overpayments by the County to the Contractor, within thirty (30) days after the issuance of an official audit report by the Comptroller or his duly designated representatives, the Contractor shall repay the amount of such overpayment by check to the . order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no response, or if satisfactory repayments are not made, the County may recoup overpayments from any amounts due or becoming due to the Contractor from the County under the Contract or otherwise. b. The provisions of this paragraph shall survive the expiration or termination of the Contract for a period of seven (7) years, and access to records shall be as set forth in paragraph 25 of Article III, and paragraph 4(b) of Article V. Financial Statements and Audit Requirements a. Notwithstanding any other reporting or certification requirements of Federal, State, or local authorities, the Contractor shall obtain the services of an independent licensed public accountant or certified public accountant (the "Auditor") to audit its financial statements for each Contractor's "fiscal year" in which the Contractor has received, or will receive, three hundred thousand ($300,000.00) dollars or more IFMS SCSEXE 15000002839 Pseudo Code ARHI 23 of 28 pages ARTICLE V from the County, whether under the Contract or other agreements with the County, and shall submit a report to the County on the overall financial condition and operations of the Contractor, including a balance sheet and statement of income and expenses, attested by the Auditor as fairly and accurately reflecting the accounting records of the Contractor in accordance with generally accepted accounting principles. The Contractor may solicit requests for proposals from a number of qualified accounting firms and review carefully the costs of, and qualifications for, this type of work before selecting the Auditor. b. The Auditor should be required to meet the following minimum requirements: i.) a current license issued by the New York State Education Department; sufficient auditing experience in the not-for-profit, governmental or profit- making areas, as applicable; and iii.) a satisfactory peer review issued within not more than three (3) years prior to the date when the Auditor was selected to conduct the audit. C. The audit must.be conducted in accordance with generally accepted governmental auditing standards. Financial statements must clearly differentiate between County -funded programs and other programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged for this purpose. The Auditor must also prepare a Management Letter based on the audit. d. In the event the Contractor is a not-for-profit organization or -unit of local government and expends five hundred thousand ($500,000.00) dollars or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass-through entity, such as New York State or Suffolk County, during any fiscal year within which it receives funding under the Contract, the audit must be conducted, and the audit report ("Single Audit Report") must be, in accordance with OMB Circular No. A-133 (revised June 27, 2003). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass- through entity, to the extent required by the OMB Circular referred to above. Law No. 15 -YO - Y02 Youth Bureau Implementing Agency 7. IFMS SCSEXE 15000002839 Pseudo Code ARHI e. The Contractor must submit to the County a statement in writing, certified by its chief financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must mail or deliver the certified statement to the Department and to the Executive Director of Auditing Services, Suffolk County Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial Highway, P. O. Box 6100, Hauppauge, New York 11788-0099, as soon as possible after the end of the Contractor's fiscal year. The statement must include all Federal funding received directly from the Federal government and all Federal funds passed through from the. County and other pass-through entities. f. Copies of all financial statements, Management Letters, Single Audit Reports and other audit reports must be transmitted to the County and to the Executive Director of Auditing Services at the address set forth above. The reports must be submitted within thirty (30) days after completion of the audit, but in no event later than nine (9) months after the end of the Contractor's fiscal year, to which the audit relates. g. These requirements do not preclude the County, the Comptroller, or their authorized representatives, or Federal or State auditors from auditing all records of the Contractor. Therefore, the records of the Contractor must be made available to authorized representatives of Federal, State and County government for that purpose. h. The provisions of this paragraph shall survive the . expiration or termination of the Contract. Furniture, Fixtures, Equipment, Materials, Supplies a. Purchases, Rentals or Leases Requiring Prior Approval Prior to placing any order to purchase, rent or lease any furniture, fixtures, or equipment valued in excess of one thousand dollars ($1,000.00) per unit for which the Contractor will seek reimbursement from the County, the Contractor shall submit to the County a written request for approval to make such a proposed purchase, rental or lease, with a list showing the quantity and description of each item, its intended location and use, estimated unit price or cost, and estimated total cost of the proposed order. Written approval of the County shall be required before the Contractor may proceed with such proposed purchase, rental or lease of furniture, fixtures or equipment. All items purchased must be new or like new unless specifically described otherwise in the Budget. 24 of 28 pages ARTICLE V b. Purchase Practices/Proprietary' Interest of County i.) The Contractor shall follow the general practices that are designed to obtain furniture, fixtures, equipment, materials, or supplies at the most reasonable price or cost possible. The County reserves the right to purchase or obtain furniture, fixtures, equipment, materials, or supplies for the Contractor in accordance with the programmatic needs of the Contract. If the County exercises this right, the amount budgeted for the items so purchased or obtained by the County for the Contractor shall not be available to the Contractor for any purpose whatsoever. Title to any such items purchased or otherwise obtained by the County for the programs encompassed by the Contract and entrusted to the Contractor, shall remain in the County. iii.) The County shall retain a proprietary interest in all furniture, removable fixtures; equipment, materials, and supplies purchased or obtained by the Contractor and paid for or reimbursed to the Contractor pursuant to the terms of the Contract or any prior agreement between the parties. iv.) The Contractor shall attach labels indicating the County's proprietary interest or title in all such property. C. County's Right to Take Title and Possession Upon the termination or expiration of the Contract or any renewal thereof, the discontinuance of the business of the Contractor, the failure of the Contractor to comply with the terms of the Contract, the bankruptcy of the Contractor, an assignment for the benefit of its creditors, or the failure of the Contractor to satisfy any judgment against it within thirty (30) days of filing of the judgment, the County shall have the right to take title to and possession of all furniture, removable fixtures, equipment, materials, and supplies and the same shall thereupon become the property of the County without any claim for reimbursement on the part of the Contractor. d. Inventory Records, Controls and Reports The Contractor shall maintain proper and accurate inventory records and controls for all such furniture, removable and and equipment Law No. 15 -YO- IFMS SCSEXE 15000002839 Y02 Youth Bureau Implementing Agency Pseudo Code ARHI acquired pursuant to the Contract and all prior connected with such property shall be in agreements between the parties, if any. Three (3) accordance with the rules and regulations of the months before the expiration date of the Contract, County and the State of New York. the Contractor shall make a physical count of all is set forth on the first page of the Contract. items of furniture, removable fixtures and g. Lease or Rental Agreements equipment in its custody, checking each item Duplicate Payment from Other Sources against the aforesaid inventory records. A report setting forth the results such physical count If lease payments or rental costs are included in the Budget. shall be prepared by the CContractor on a form or as an item of expense reimbursable by the County, the forms designated by the County, certified and Contractor shall promptly submit to the County, upon signed by an authorized official of the request, any lease or rental agreement. If during the Term, Contractor, and one (1) copy thereof shall be the Contractor shall enter into a lease or rental agreement, delivered to the County within five (5) days after or shall renew a lease or rental agreement, the Contractor the date set for the aforesaid physical count. shall, prior to the execution thereof, submit such lease or Within five (5) days after the termination or rental agreement, to the County for approval. expiration date of the Contract, the Contractor County upon request, a schedule for all programs shall submit to the County six (6) copies of the 9. Statement of Other Contracts same report updated to such date of the Contract, program the sums received, their source and the certified and signed by an authorized official of Prior to the execution of the Contract, the Contractor shall the Contractor, based on a physical count of all submit a Statement of Other Contracts to the County. If the items of furniture, removable fixtures and Contract is amended during the Term, or if the County equipment on the aforesaid expiration date, and exercises its option right, the Contractor shall submit a then revised, if necessary, to include any inventory current Statement of Other Contracts. changes during the last three (3) months of the Notwithstanding the foregoing provisions of the Term. 10. Miscellaneous Fiscal Terms and Conditions e. Protection of Property in Contractor's a. Limit of County's Obligations Custody The maximum amount to be paid by the County The Contractor shall maintain vigilance and take is set forth on the first page of the Contract. all reasonable precautions to protect the furniture, fixtures, equipment, material or supplies in its b. Duplicate Payment from Other Sources custody against damage or loss by fire, burglary, theft, disappearance, vandalism, or misuse. In the Payment by the County for the Services shall not event of burglary, theft, vandalism, or duplicate payment received by the Contractor disappearance of any item of furniture, fixtures, from any other source. equipment, material or supplies, the Contractor shall immediately notify the police and make a C. Funding Identification record thereof, including a record of the results of any investigation which may be made thereon. In The Contractor shall promptly submit to the the event of loss of or damage to any item of County upon request, a schedule for all programs furniture, fixtures, equipment, materials, or funded by the County, itemizing for each such supplies from any cause, the Contractor shall program the sums received, their source and the immediately send the County a detailed written total program budget. report thereon. d. Outside Funding for Non -County Funded F Disposition of Property in Contractor's Activities Custody Notwithstanding the foregoing provisions of the Upon termination of the County's funding of any Contract, it is the intent of the County that the of the Services covered by the Contract, or at any terms and conditions of the Contract shall not other time that the County may direct, the limit the Contractor from applying for and Contractor shall make access available and render accepting outside grant awards or from providing all necessary assistance for physical removal by additional educational activities/services which the County or its designee of any or all furniture, may result in the Contractor incurring additional removable fixtures, equipment, materials or costs, as long as the following conditions are met: supplies in the Contractor's custody in which'the County has a proprietary interest, in the same i.) The County is not the Fund Source for condition as such property was received by the the additional services; Contractor, reasonable wear and tear excepted. Any disposition, settlements or adjustments 25 of 28 pages ARTICLE V Law No. 15-YO- YO2 Youth Bureau Implementing Agency ii.) Sufficient funding is available for or . can be generated by the Contractor to cover the cost incurred by the Contractor to provide these additional services; and iii.) If sufficient funding is not available or cannot be generated, the County shall not be held liable for any of the additional costs incurred by the Contractor in furnishing such additional services. iv.) Prior to scheduling any such additional services on County -owned property, the Contractor shall obtain written County approval. The Contractor shall, to the County's satisfaction, submit any documentation requested by the Department reflecting the change, and identify the additional services to be provided and the source of funding that shall be utilized to cover the expenditures incurred by the Contractor in undertaking the additional services. e. Potential Revenue The Contractor shall actively seek and take reasonable steps to secure all potential funding from grants and contracts with other agencies for programs funded by the County. E Payments Contingent upon State/Federal Funding Payments under the Contract may be subject to .and contingent upon continued funding by State and/or Federal agencies. In the event payments are subject to such funding no payment shall be made until the Contractor submits documentation in the manner and form as shall be required by State an&or Federal agency. If late submission of claims precludes the County from claiming State or Federal reimbursement, such late claims by the Contractor shall not be paid by the County subject to subparagraph g. below, if, for any reason, the full amount of such funding is not made available to the County, the Contract may be terminated in whole or in part, or the amount payable to the Contractor may be reduced at the discretion of the County, provided that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction, and provided that money has been appropriated for payment of such costs. g. Denial of Aid If a State or Federal government agency is funding the Contract and fails to approve aid in , reimbursement to the County for payments made IFMS SCSEXE 15000002839 Pseudo Code ARHI 26 of 28 pages ARTICLE V hereunder by the County to the Contractor for expenditures made during the Term because of any act, omission or negligence on the part of the Contractor, then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal government agency, and the County's obligation to the Contractor shall be reduced by any such amounts. In such an event, if there should be a balance due to the County after it has made a final payment to the Contractor under the Contract, on demand by the County, the Contractor shall reimburse the County for the amount of the balance due the County, payable to the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. h. Budget The Contractor expressly represents and agrees that the Budget lists all revenue, expenditures, personnel, personnel costs and/or all other relevant costs necessary to provide the Services. Payment of Claims Upon receipt of a Suffolk County Payment Voucher, the County, at. its discretion, may pay the Contractor during the Term, in advance, an amount not to exceed one sixth (1/6) of the maximum amount to be paid by the County set forth on the first page'of the Contract. Payments Limited to Actual Net Expenditures The Contractor agrees that if, for any reason whatsoever, the Contractor shall spend during the Term for the purposes set forth in the Contract an amount less than, or receive amounts more than, provided in the Budget, the total cost of the Contract shall be reduced to the net amount of actual Contractor expenditures made for such purposes. The total amount to be paid by the County shall not exceed the lesser of (i) actual net expenditures or (ii) the total cost of the Contract on the cover page and in the Budget. Upon termination or expiration of the Contract, if the Contractor's total amount of allowable expenses is less than the total amount of the payments made during the Term, the Contractor shall prepare a check payable to the Suffolk County Treasurer for the difference between the two amounts and submit such payment to the County, along with the final Suffolk County Payment Voucher. k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 Reimbursement to the Contractor for travel costs Law No. 15 -YO - Y02 Youth Bureau Implementing Agency shall not exceed amounts allowed to County employees. All conferences that are partially or fully funded by the County that the Contractor's staff wishes to attend must be pre -approved, in writing, by the County and must be in compliance with Suffolk County Standard Operating Procedure A-07 which may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then "Comptroller," then "Consultant's Agreements." Salaries The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all withholding and payroll taxes to the Federal/State governments has been provided to the County. M. Salary Increases No salary, wage, or other compensation for the Services shall be increased over the amount stated in the Budget without the prior written approval of the County. n. Contractor Vacancies The County shall have the right of prior approval of the Contractor's filling of any vacant position as of the date of execution of the Contract or as may thereafter become vacant, and, in the exercise of that right. The County may promulgate reasonable regulations involving filling bf vacancies which shall be deemed to be incorporated by reference in, and be made part of, the Contract, provided, however, that subject to the availability of funding, approval for the hiring of replacement clerical shall be a Contractor determination. o. No Limitation On Rights Notwithstanding anything in this Article V to the contrary, the County shall have -available to it all rights and remedies under the Contract and at law and equity. P. Comptroller's Rules and Regulations The Contractor shall comply with the "Comptroller's Rules and Regulations for Consultant's Agreements" as promulgated by the Department of Audit and Control of Suffolk County and any amendments thereto during the Term of the Contract. The "Comptroller's Rules and Regulations for Consultant's Agreements" and "SOP A-07 Amendment 1" may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then "Comptroller," then "Consultant's Agreements." IFMS SCSEXE 15000002839 Pseudo Code ARHI 27 of 28 pages ARTICLE V End of Text for Article V Law No. 15 -YO- IFMS SCSEXE 15000002839 YO2 Youth Bureau Implementing Agency Pseudo Code ARHI Article VI Budget (see attached) 28 of 28 pages ARTICLE VI OCFS3107 (Rev. 03/2002) FRONT • NEW YORK STATE ` OFFICE OF CHILDREN AND FAMILY SERVICES PROGRAM BUDGET • 'APPENDIX B PROGRAM CODE: CONTRACT NUMBER. ' AG=_NCY/MUNICIPAUT'." Town of Southold _. - — • -7 PROGRAM -11T TITLE'Southod Youth Services Fi!NO d _ PERSONAL SERVICES: POSITION TITLE RATE OF BASIS TOTAL OCFS PROGRAM AMOUNT (1) TOTAL 60—m RINDS REQUESTED - PAY FOR IRIS PROGRAM $ $ $ TOTALSAUJU S AND WAGE 9 - -, r TOTAL FRINGE BENEFITS $ TOTAL PERSONAL SERVICES (i) CONTRACTED -SERVICES AND STIPENDS 1 TYPEOFSERYICEORCOdIS'ULTANTTCILE RATEOF BASE iOTALMOS PROGRAM AWIOUNT(1)' PAY.'. . - '�''"'`'.'•:'J—•• �•.Ri~ Citi?:: � <'�"' ' TQ:I"AL FACILITI' REPAIRS,•(4) is TOTAL OCFS PROGRAM AMOONT ZR TOTAL OCFS FUNDS REQUESTED LISTOF OTHER FUNDING SOURCES REIAgBURSABLE TOTAL $ MUNICIPAL FUNDING $ OTHER SOURCES TOTAL CONTRACTED SERVICES (2) "� ... TOTAL MAINTENANCE & OPERATION (3): $ LIST EQUIPMENTTO,BE•PURCHASED OR RERTED: (UNIT COST OVER $200 AND LIFE EXPECTANCY OF OVER TWO YEARS) FACILITY REPAIRS PROGRAM SITE ADORE SS . - '�''"'`'.'•:'J—•• �•.Ri~ Citi?:: � <'�"' ' TQ:I"AL FACILITI' REPAIRS,•(4) is TOTAL OCFS PROGRAM AMOONT ZR TOTAL OCFS FUNDS REQUESTED LISTOF OTHER FUNDING SOURCES REIAgBURSABLE TOTAL $ MUNICIPAL FUNDING $ OTHER SOURCES Suffolk County; New York Department of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR — LABOR MEDIATION UNIT UNION ORGANIZING CERTIFICATION/DECLARATION — SUBJECT TO AUDIT If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I, III, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, 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 funds 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. 1/we 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 goods and/or services that are the subject of the contract with the County of Suffolk shall not 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 finther agree to take all action necessary to ensure that County Rinds are not used to assist, promote, or deter union organizing. (Chapter 466-3 IT) Uwe further agree that Uwe will not use County property to hold meetings to assist, promote, or deter union organizing. (Chapter 466-3E) Uwe further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, Uwe 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. I/we agree that such records' shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-3 n I/we further affirm to the following as to the goods and/or services that are the subject of the contract with the County of Suffolk: • 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; • Uwe 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; • I/we 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 • Uwe have or will adopt any or all of the above -referenced procedures, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said procedures in such certification. Section H The Union Organizing Law does not apply to this contract for the following reason(s): 0 a1"'1 17C't ti0au�fr�Vl�l4 �Cr'f'� Nom. Check if Applicable DOL -1,01 (3/5/08) Suffolk County, New York Department of Labor Section III Contractor Name: — / W i°L O `f' Contractor Address: Contractor Phone Description of project or service: t j Gt—r/"o(.4-s de-/ Federal Employer ID#: ( f — 0001 J / Amount of Assistance: 0 0 Vendor #: 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 initio. Section V I declare under palty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and 10at the abbe is true and correct. Authorized Print Name and DOL-LO1 (3/5/08) of Authorized Csor In Isla Date CONTRACTOR NAME CONTACT w ` PHONE NUMBER CP PROGRAMI A �OEUMENT T I CONTRACT WITHTERM OF I AGREEMENT I AMOUNT 1. Indicate (a) type of organization — County, State, Federal or Other and (b) name of Department, Agency or Organization. Rev. 6/9/15 TOWN OF SOUTHOLD STATEMENT OF CONTRACTS WITH THE COUNTY OF SUFFOLK COUNTY DEPT. AMOUNT TITLE Board of 0 Polling Place Contract for 2015-16 Elections Community $74,310 Development Dept. of $35,000 Environment & Energy Dept. of Fire, 0 Rescue & Emer- gency Services Dept. of Labor, Licensing & Consumer Affairs 0 Dept. of Pro- bation DPW DPW luF."WIM91UTA Office for the Aging Office for the Aging Office for the Aging $57,000 $85,666 N 2014 Community Development Block Grant Program Bay to Sound Integrated Trails Generator for Town of Southold residents Worksite MOU re: Suffolk Works Employment Program and the Youth Program STOP -DWI Program Improvements to Goldsmith Inlet Traffic Signal Maintenance, CR 48, Middle Road @ Depot Lane, Cutchogue $24,000 Payment for costs associated with overtime to complete dredging operations $8,016 AAA Transportation Program $19,380 Elderly Residential Repair Program $249,354 IIIC Nutrition Program for the Elderly -1- COUNTY DEPT. AMOUNT TITLE Office for the 0 Lease Agreement for 2012 Ford Aging Passenger Bus Real Property 0 AREIS License Agreement & Tax Map Tax Service Program Agency Real Property 0 Sub -License Agreement wNalerie Tax Service Scopaz/AREIS & Tax Map Program Agency Real Property 0 Sub -License Agreement w/The Nature Tax Service Conservancy/AREIS & Tax Map Agency Program Real Property 0 Sub -License Agreement w/The Island Tax Service Community Board/AREIS & Tax Map Agency Program Real Property 0 Sub -License Agreement w/Cornell Tax Service Cooperative Extension/AREIS & Tax Agency Map Program Sheriff's Office $2,243 Operation Shield Sheriff's Office $23,220.73 Port Security Grant Program Police Dept. computed by PSAP Agency — 911 Program County DHS Office of $25,000 (est.) Peconic Estuary IMA Ecology SCWA 0 Right of First Refusal Agreement Youth Bureau $9,063 2015 Town Youth Services -2-