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HomeMy WebLinkAboutJuvenile Delinquency Prevention Rev. 11-18-14;Law No. 15-YO- C, 1 L'A IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 Contract This Contract ("the Contract") is between the County of Suffolk("the County"), a municipal corporation of the State of New York, acting through its duly constituted Youth Bureau ("the Department"), located at the H. Lee Dennison Building—3rd Floor, 100 Veterans Memorial Highway, Hauppauge,New York (Mailing Address: P.O. Box 6100, Hauppauge,New York 11788-0099); and Town of Southold ("the Contractor"), a Municipal Corporation,having an address at 53095 Route 25, Southold,New York 11971. The Contractor has been designated to receive funds from the County for Juvenile Delinquency Prevention ("the Services") as set forth in Article I, entitled"Description of Services." Term of the Contract: January 1, 2015 through December 31, 2015. Total Cost of the Contract: Shall not exceed$20,500.00,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 SoutholdCOUNT, OF SUFFOLK By: lade `/ $y Name: ,-n t`_ 4, R,...•s rel/ Dennis M. Cohen Title: (--1-,a r�>su.<" Chief Deputy County Executive Fed. Tax ID#: ( I--6,06 ja).-M Date: / ,,/ Date / ` ._>7 s /4 h-t✓. 6-41/ hereby Approved: certifies under penalties of perjury that I am an officer of Departmen ; that I have read and I am familiar with§A5-7 of By: 40 Article V of the Suffolk County Code,and that Name: AllIW� „ r ,A(---Cc)ife4 Title: /, (6- 4‘,„)- meets all requirements to qualify for exemption thereunder. Date Ar' .� Name dp414, Date l ;;,\16 Approved , o Form: Dennis M. :ro ro, ' ff s . I ' orne> diVel 0 W( ' .. E . B Samantha McEacin 00 3 7/6/ ' Assistant County,.Attor:ey Date ..91$ I Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSYI 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 1. Meanings of Terms 2. Elements of Interpretation Article III General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations b. Qualifications, Licenses, and Professional Standards c. Notifications d. Documentation of Professional Standards e. Credentialing f. Engineering Certificate 2. Termination a. Thirty Days Termination b. Event of Default; Termination on Notice c. Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger; No Oral Changes 8. ' Set-Off Rights 9. Non-Discrimination in Services 10. Nonsectarian Declaration 11. Governing Law 12. No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor 18.No Intended Third Party Beneficiaries Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 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 Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 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 i. 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 Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 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. Reimbursement The Contractor understands that reimbursement to the County for expenditures incurred by the Contractor is premised on Federal and State statutes, law or regulations. In furnishing Services pursuant to this Contract, the Contractor shall cooperate with the Department and submit any and all forms, documents, data, and reports as may be requested by the Department and/or pursuant to the applicable State and Federal laws and regulations. 3. Withholding of Payment If the Contractor fails to comply with County or State requirements,the Department may withhold the payment of funds due under this Contract after sending notice of such action to the Contractor until such time as the Contractor has satisfactorily complied with such requirements. Late submissions of claims that preclude the Department from claiming State reimbursement will not be honored. 4. Legislative Designated Funding Application; Description of Services (See the Following Pages, As Applicable) Remainder of Page Intentionally Left Blank End of Text for Article I ARTICLE I OCFS-5001(Rev.11/2013uo-s 1 Page 1 of 2 NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES INDIVIDUAL PROGRAM APPLICATION Program Information Program Title: QYDS;ID#(For County Use:Only) Program Year: TOWN OF SOUTHOLD - _,„ FUNDING INFORMATION _.'. T ,: N' .; `E Funding Category: County: ®Youth Development Funding 0 RHYA-Part I 0 RHYA-Part II SUFFOLK FUND AMOUNTS Total Program Amount: OCFS Funds Requested: $20,500 $20,500 Amount Allocated 60%State Aid[RHYA Programs ONLY] %Tax Match l Agency Cash: %In Kind A AGENCYIN,FORM'kTION „, _ .., . _._,.. gaNdiggi This Agency is: Federal ID#: Charities Re .#: ❑Private,Not for Profit ®Public 0 Religious Corporations 11-6001939 Agency Website: Implementing Agency: WWW.SOUTHOLDTOWNNY.GOV SOUTHOLD POLICE DEPT. Mailing Address: PO BOX 911 Address Line 2: 41405 ROUTE 25 City: State: Zip Code: PECONIC NY 11958 EXECUTIVE DI RECTOR.FOR AGENCY :, Last Name: First Name: RUSSELL SCOTT Title: Phone Number: Extension: SUPERVISOR 631-765-1889 Fax Number: E-Mail: 631-765-1823 SCOTT.RUSSELL@TOWN.SOUTHOLD.NY.US .CONTACT';PERS ON FOR:AGENCY.= .....: . _. . Last Name: First Name: BELTZ PHILLIP Title: Phone Number: Extension: YOUTH BUREAU DIRECTOR 631-765-5806 Fax Number: E-Mail: 631-765-1823 PHILLIP.BELTZ@TOWN.SOUTHOLD.NY.US PERIOD OF ACTUAL,PROGRAM OPERATION HOURS OF_'OPERATION FROM: JAN 01, 2015 TO: DEC. 31, 2015 FROM: 8 A.M. TO: 4 P.M. ® Daily 0 Other(Explain) . •-."" ti.'...4...e..4 EXECUTI\ DIRECTORY/BOARD CHAIRPERSON SIGNATURE , Disclaimer:Please note that submission of these forms to the County Youth Bureau does NOT guarantee funding will be allocated to your program. 0 Changes have been submitted on the electronic OCFS-5001,5002,5003. Tsyi Southold Town Police Juvenile Aid Bureau / Community Response Unit The Juvenile Aid Bureau is responsible for the investigation of crimes committed by juveniles as well as providing information to parents in regards to different avenues that can be explored for a positive outcome with a troubled child. The Southold Town Police Department is committed to the development and implementation of programs designed to reach out to the youth of the community and establish positive relationships, and to prevent and control juvenile delinquency and other behavior that impacts on the quality of life in our community. As part of the Community Response Unit, the Department's trained JAB officers work closely with our local schools, acting as liaisons between the school and our local police department. Over the course of the school year these officers also teach the Drug Abuse resistance Education program commonly known as the D.A.R.E program in each of the towns 6 elementary schools. Additionally, the JAB officer provides alcohol, drug, crime prevention, bicycle safety, DWI programs, tours of the police agency, provides instruction in law related classes, assists school counselors, addresses community groups and provides classroom lectures to Driver's Education classes. The Southold JAB officer is available to all of the young people and their families, in the town of Southold. The JAB Officer acts in a prevention role and as a liason among the police department, schools, parents, and the community. The JAB officer also serves on the Southold Town Youth Bureau Board and works with the Southold Town Youth bureau to provide programs for the youth of Southold Town. The Community Response Unit is involved with events that are scheduled throughout the year to bring the police department closer to the community and to solve specific problems at hand. The Southold Town Police Department prides itself in developing a good working relationship with our community. We offer a variety of services to the citizens of Southold Town such as child seats inspections. Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 Article IA Department Specific Provisions The Contractor agrees to furnish to the County letter(s)regarding all personnel to be hired for the Services. The 1. Certificate of Incorporation; Board Meetings letter(s)shall include,but not be limited to: a. The Contractor shall furnish the Department with certified copies of its Certificate of Incorporation i.) The specific tasks to be and by-laws,including any amendments thereto, performed by the individual at the time it signs this Contract,to the extent not employees during the course already on file with the Department,and any of the Services. amendments thereto during the term of this Contract promptly upon their adoption,and a list ii.) Salaries and hours to be of the board members governing the Contractor worked by the individual from time to time. The contractor shall not employees during the course dissolve any existing corporation or establish any of the Services. new corporation with the responsibility for the operation of the program without the prior (3) County Approval written approval of the Department. The County reserves the right to b. Minutes of the Contractor's annual board approve principal services personnel meeting and one other board meeting,no longer proposed by the Contractor at the time than six(6)months thereafter,should be of entering into this Contract. Reasons forwarded to the Department within two(2) for the County not approving said weeks after the conclusion of the meetings. personnel shall be for lack of qualification or lack of demonstration 2. Contractor's Staff by the Contractor that said proposed personnel will not have a deleterious a. Prior Approval effect on the proper and efficient operation of the Services. The Department shall have the right to prior approval of the filling of any position now vacant (4) Job Descriptions,Qualifications or hereafter becoming vacant and may,in the exercise of that right,promulgate reasonable The Contractor will nominate to the regulations involving position control which Department a Service director chosen shall,when promulgated,be deemed to be on the basis of the job description incorporated by reference in and be made part of below. The Department shall review this Contract. such nominations and may confirm them. Other staff positions provided b. Current Procedures for in this Contract will be filled in accordance with written job (1) Resumes descriptions as provided below. Employment of any staff member under The Contractor,at its own expense, the terms of this Contract shall be agrees to furnish to the Department subject to ongoing review for resumes of all personnel to be hired for competency and aptitude of the staff the Services referred to in this Contract, member by the Department or its prior to their being hired. Resumes designees.The Department may shall include,but not limited to: recommend dismissal or suspension of any staff member under this Contract. i.) Previous job title(s)of the individual employee and the (5) Service Director length of employment under each title;and/or i.) Qualifications: Graduation from an accredited college ii.) Previous experience and and/or university with a length of previous experience Master's Degree in Social with a task or tasks similar or Work;or a Bachelor's equal to the Services. Degree(4-year college degree)plus 2 years experience in Human Services. (2) Contractor Letters ARTICLE I Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 ii.) Duties: Responsible for use of self in relationships. overall Service;hires and fires staff;chairs youth (7) Service Aides advisory committee; administers and directs all i.) Qualifications:High School Contractor Services;is Diploma and preferably some responsible to Board of paid experience in youth Directors of the Contractor work. and has immediate charge of and responsibility for the ii) Duties:Report to Service Services;renders direct director;shall carry out services to clients as assignments as required;selects,trains and paraprofessionals;shall keep supervises program aides, written records and reports of nonprofessional staff andwork accomplished;shall volunteers;has charge of demonstrate ability to learn, petty cash account;make ability to relate successfully purchases and expends funds to clients and community, under the direction of the and capacity for development treasurer of the corporation in professional use of self in or such other officers as the relationships. Board of the corporation may direct. 3. Human Services Division Technical Assistance and Training (6) Youth Worker a. The Contractor agrees to participate in the i.) Qualifications:Bachelor's Human Services Division Technical Assistance Degree(4-year college and Training Program. Such agreed participation degree from an accredited will include staff training on the topic of college). HIV/AIDS and not more than three(3)days-per- year attendance at training on topics that may ii.) Duties: Provides counseling, include,but not be limited to,contract financial group work services,and reporting,the setting of service goals and professional supervision in objectives,and service development. lounge activities,is responsible to the Service b. The Contractor may participate,at its election,in director. Also shall keep any additional training made available by the written records and reports of Human Services Division. work accomplished;shall demonstrate ability to learn, End of Text for Article IA ability to relate successfully to clients and the community, and capacity for development in professional ARTICLE I Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 Article II Definitions d. the Contractor's failure to comply with any Federal,State or local law,rule,or regulation, 1. Meanings of Terms and County policies or directives;or As used herein: e. the Contractor's bankruptcy or insolvency;or "Audit of Financial Statements"means the examination by f. the Contractor's failure to cooperate in an Audit the Comptroller and any Federal or State auditing authority of of Financial Statements;or the financial statements of the Contractor resulting in the publication of an independent opinion on whether or not those g. the Contractor's falsification of records or financial statements are relevant,accurate,complete,and fairly reports,misuse of funds,or malfeasance or presented. nonfeasance in financial record keeping arising out of,or in connection with,any contract with "Budget"means the Contractor's summary or plan of all the County;or intended revenue,whether received in the form of fees,grants, County funding,or any other source,and expenditures necessary to h. the Contractor's failure to submit,or failure to render the Services. timely submit,documentation to obtain Federal or State funds;or "Budget Deficiency Plan"means an analysis of the cost of the Services,changes in fiscal conditions,and required modifications to i. the inability of the County or the Contractor to the Contract to continue to render the Services. obtain Federal or State funds due to any act or omission of the Contractor;or "Comptroller"means the Comptroller of the County of Suffolk. j. any condition that the County determines,in its "Contract"means all terms and conditions of this Contract forming sole discretion,is dangerous. all rights and obligations of the Contractor and the County. "Federal"means the United States government,its departments,and "Contractor"means the signatory corporation,its officers,officials, agencies. employees,agents,servants,sub-contractors,and any successor or assign of any one or more of the foregoing performing the Services. "Fringe Benefits"means non-wage benefits which accompany,or are in addition to,a person's salary,such as paid insurance,sick "County"means the County of Suffolk,its departments,and leave,profit-sharing plans,paid holidays,and vacations. agencies. "Fund Source"means any direct or indirect sum payable to the "County Attorney"means the County Attorney of the County of Contractor by the County pursuant to any lawful obligation. Suffolk. "Legislature"means the Legislature of the County of Suffolk. "Department"means the signatory department approving the Contract. "Management Letter"means a letter certified as true by the Contractor's certified public accountant or chief financial officer of "Engineering Services"means the definition of the practice of findings and recommendations for improvements in internal fiscal engineering and the definition of practice of land surveying,as the control that were identified during an Audit of Financial Statements, case may be,under Section 7201 and Section 7203 of the State but which were not required to be included in an audit report. Education Law,respectively. "Municipal Corporation"means a town,village,or school district. "Event of Default"means "Services"means all that which the Contractor must do,and any part a. the Contractor's failure to perform any duty thereof arising out of,or in connection with,the Contract as required of it under paragraphs 1(b)-(e)of described in Article I"Description of Services." Article III of the Contract;or "State"means the State of New York. b. the Contractor's failure to maintain the amount and types of insurance with an authorized insurer "Statement of Other Contracts"means a complete list of all other as required by the Contract;or contracts under which money has been or will be paid to the Contractor from the County,Federal,or State governments,or a c. the Contractor's failure to maintain insurance Municipal Corporation,and(i)which are currently in effect or(ii) required by the Contract with an insurer that has which have expired within the past twelve(12)months and have not designated the New York Superintendent of been renewed. Insurance as its lawful agent for service of process;or 8 of 27 pages ARTICLE II Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 "Suffolk County Payment Voucher"means the document authorized and required by the Comptroller for release of payment. "Term"means the time period set forth on page one of the Contract and,if exercised by the County,the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms,associations, partnerships(including limited partnerships),trusts,corporations, and other legal entities,including public bodies,as well as natural persons,and shall include successors and assigns. Capitalized terms used,but not otherwise defined,herein,shall have the meanings assigned to them in the Contract. End of Text for Article H 9 of 27 pages ARTICLE H Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) • Pseudo Code JSY1 Article III Contract remains to be performed,and the General Terms and Conditions termination of the license does not affect the Contractor's ability to render the Services,every 1. Contractor Responsibilities other term and provision of the Contract shall be valid and enforceable to the fullest extent a. Duties and Obligations permitted by law. i.) It shall be the duty of the Contractor to d. Documentation of Professional Standards discharge,or cause to be discharged,all of its responsibilities,and to administer funds received The Contractor shall maintain on file,in one location in in the interest of the County in accordance with Suffolk County,all records that demonstrate that it has the provisions of the Contract. complied with sub-paragraphs(b)and(c)above. The address of the location of the aforesaid records and ii.) The Contractor shall promptly take all documents shall be provided to the County no later than the action as may be necessary to render the Services. date of execution of the Contract. Such documentation shall be kept,maintained,and available for inspection by iii.) The Contractor shall not take any the County upon twenty-four(24)hours notice. action that is inconsistent with the provisions of the Contract. e. Credentialing iv.) Services provided under this Contract i.) In the event that the Department,or any shall be open to all residents of the County. division thereof,maintains a credentialing process to qualify the Contractor to render the b. Qualifications,Licenses,and Professional Services,the Contractor shall complete the Standards required credentialing process. In the event that any State credential,registration,certification or The Contractor represents and warrants that it has,and license,Drug Enforcement Agency registration, shall continuously possess,during the Term,the required or Medicare or Medicaid certification is licensing,education,knowledge,experience,and character restricted,suspended,or temporarily or necessary to qualify it to render the Services. permanently revoked,it is the duty of the Contractor to contact the Department,or division The Contractor shall continuously have during the Term all thereof,as the case may be,in writing,no later required authorizations,certificates,certifications, than three(3)days after such restriction, registrations,licenses,permits,and other approvals suspension,or revocation. required by Federal,State,County,or local authorities necessary to qualify it to render the Services. ii.) The Contractor shall forward to the Department,or division thereof,as the case may c. Notifications be,on or before July 1 of each year during the Term,a complete list of the names and addresses i.) The Contractor shall immediately of all persons providing the Services,as well as notify the County,in writing,of any disciplinary their respective areas of certification, proceedings,commenced or pending,with any credentialing,registration,and licensing. authority relating to a license held by any person necessary to qualify him,her,or the Contractor to f. Engineering Certificate perform the Services. In the event that the Contract requires any Engineering ii.) In the event that a person is no longer Services,the Contractor shall submit to the County,no licensed to perform the Services,the Contractor later than the due date for submission for approval of any must immediately notify the County,but in no engineering work product,the Certificate of Authorization event shall such notification be later than five(5) ("Certificate"),issued pursuant to§7210 of the New York days after a license holder has lost the license Education Law,of every person performing any required to qualify the license holder or the Engineering Services. The failure to file,submit,or Contractor to perform the Services. maintain the Certificate shall be grounds for rejection of any engineering work product submitted for approval. iii.) In the event that the Contractor is not able to perform the Services due to a loss of 2. Termination license,the Contractor shall not be reimbursed for the Services rendered after the effective date. a. Thirty Days Termination of termination of such license. Without limiting the generality of the foregoing,if any part of the The County shall have the right to terminate the Contract 10 of 27 pages ARTICLE III Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 without cause,for any reason,at any time,upon such terms employees in any action or proceeding arising out of,or in and conditions it deems appropriate,provided,however, connection with,the Contract. that no such termination shall be effective unless the Contractor is given at least thirty(30)days notice. b. The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing b. Event of Default;Termination on Notice the Services.The Contractor agrees that it shall protect, indemnify,and hold harmless the County,its agents, i.) The County may immediately terminate servants,officials,and employees from and against all the Contract,for cause,upon such terms and liabilities,fines,penalties,actions,damages,claims, conditions it deems appropriate,in the Event of demands,judgments,losses,suits or actions,costs,and Default. expenses arising out of any claim asserted for infringement of copyright,including reimbursement of the cost of ii.) If the Contractor defaults under any reasonable attorneys'fees incurred by the County,its other provision of the Contract,the County may agents,servants,officials,and employees in any action or terminate the Contract,on not less than five(5) proceeding arising out of or in connection with any claim days notice,upon such terms and conditions it asserted for infringement of copyright. deems appropriate. c. The Contractor shall defend the County,its c. Termination Notice agents,servants,officials,and employees in any proceeding or action,including appeals,arising out of,or in Any notice providing for termination shall be delivered as connection with,the Contract,and any copyright provided for in paragraph 27 of this Article III. infringement proceeding or action.Alternatively,at the County's option,the County may defend any such d. Duties upon Termination proceeding or action and require the Contractor to pay reasonable attorneys'fees or salary costs of County i.) The Contractor shall discontinue the employees of the Department of Law for the defense of any Services as directed in the termination notice. such suit. ii.) Subject to any defenses available to it, 4. Insurance the County shall pay the Contractor for the Services rendered through the date of a. The Contractor shall continuously maintain, termination. during the Term of the Contract,insurance in amounts and types as follows: iii.) The County is released from any and all liability under the Contract,effective as of the date of the termination notice. i.) Commercial General Liability insurance,including contractual liability iv.) Upon termination,the Contractor shall coverage,in an amount not less than Two Million reimburse the County the balance of any funds Dollars($2,000,000.00)per occurrence for advanced to the Contractor by the County no bodily injury and Two Million Dollars later than thirty(30)days after termination of the ($2,000,000.00)per occurrence for property Contract. The provisions of this subparagraph damage. The County shall be named an shall survive the expiration or termination of the additional insured. Contract. ii.) Automobile Liability insurance(if any v.) Nothing contained in this paragraph non-owned or owned vehicles are used by the shall be construed as a limitation on the County's Contractor in the performance of the Contract)in rights set forth in paragraphs 1(c)(iii)and 8 of an amount not less than Five Hundred Thousand this Article III. Dollars($500,000.00)per person,per accident, for bodily injury and not less than One Hundred 3. Indemnification and Defense Thousand Dollars($100,000.00)for property damage per occurrence.The County shall be a. The Contractor shall protect,indemnify,and hold named an additional insured. harmless the County,its agents,servants,officials,and employees from and against all liabilities,fines,penalties, iii.) Workers'Compensation and actions,damages,claims,demands,judgments,losses,suits Employer's Liability insurance in compliance or actions,costs,and expenses caused by the negligence or with all applicable New York State laws and any acts or omissions of the Contractor,including regulations and Disability Benefits insurance,if reimbursement of the cost of reasonable attorneys'fees required by law. The Contractor shall furnish to incurred by the County,its agents,servants,officials,and the County,prior to its execution of the Contract, 11 of 27 pages ARTICLE 111 Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 the documentation required by the State of New 5. Independent Contractor York Workers'Compensation Board of coverage or exemption from coverage pursuant to§§57 The Contractor is not,and shall never be,considered an and 220 of the Workers'Compensation Law. In employee of the County forany purpose. Notwithstanding accordance with General Municipal Law§108, anything contained in this Contract,the Contract shall not the Contract shall be void and of no effect unless be construed as creating a principal-agent relationship the Contractor shall provide and maintain between the County and the Contractor or the Contractor coverage during the Term for the benefit of such , and the County,as the case may be. employees as are required to be covered by the provisions of the Workers'Compensation Law. 6. Severability iv.) Professional Liability insurance in an It is expressly agreed that if any term or provision of this amount not less than Two Million Dollars Contract,or the application thereof to any person or ($2,000,000.00)on either a per-occurrence or circumstance,shall be held invalid or unenforceable to any claims-made coverage basis. extent,the remainder of the Contract,or the application of such term or provision to persons or circumstances other b. The County may mandate an increase in the than those as to which it is held invalid or unenforceable, liability limits set forth in the immediately preceding shall not be affected thereby,and every other term and paragraphs(4)(a)(i),(ii),and(iv). provision of the Contract shall be valid and shall be enforced to the fullest extent permitted by law. c. All policies providing such coverage shall be issued by insurance companies authorized to do business in 7. Merger; No Oral Changes New York with an A.M.Best rating of A-or better. It is expressly agreed that the Contract represents the entire d. The Contractor shall furnish to the County,prior agreement of the parties and that all previous to the execution of the Contract,declaration pages for each understandings are herein merged in the Contract. No policy of insurance,other than a policy for commercial modification of the Contract shall be valid unless in written general liability insurance,and upon demand,a true and form and executed by both parties. certified original copy of each such policy evidencing compliance with the aforesaid insurance requirements. 8. Set-Off Rights e. In the case of commercial general liability The County shall have all of its common law,equitable, insurance and business use automobile insurance,the and statutory rights of set-off. These rights shall include, Contractor shall furnish to the County,prior to the but not be limited to,the County's option to withhold from execution of the Contract,a declaration page or insuring a Fund Source an amount no greater than any sum due and agreement and endorsement page evidencing the County's owing to the County for any reason. The County shall status as an additional insured on said policy,and upon exercise its set-off rights subject to approval by the County demand,a true and certified original copy of such policy Attorney. In cases of set-off pursuant to a Comptroller's evidencing compliance with the aforesaid insurance audit,the County shall only exercise such right after the requirements. finalization thereof,and only after consultation with the County Attorney. f. All evidence of insurance shall provide for the County to be notified in writing thirty(30)days prior to 9. Non-Discrimination in Services any cancellation,nonrenewal,or material change in the policy to which such evidence relates. It shall be the duty a. The Contractor shall not,on the grounds of race, of the Contractor to notify the County immediately of any creed,color,national origin,sex,age,disability,sexual cancellation,nonrenewal,or material change in any orientation,military status,or marital status insurance policy. i.) deny any individual the Services g. In the event the Contractor shall fail to provide provided pursuant to the Contract;or evidence of insurance,the County may provide the ii.) provide the Services to an individual insurance required in such manner as the County deemsthat is different,or provided in a appropriate and deduct the cost thereof from a Fund different manner,from those provided Source. to others pursuant to the Contract;or iii.) subject an individual to segregation or h. If the Contractor is a Municipal Corporation and separate treatment in any matter related has a self-insurance program under which it acts as a self- to the individual's receipt of the insurer for any of such required coverage,the Contractor Services provided pursuant to the shall provide proof,acceptable to the County,of self- Contract;or funded coverage. iv.) restrict an individual in any way from 12 of 27 pages ARTICLE III Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 any advantage or privilege enjoyed by 13. Conflicts of Interest others receiving the Services provided pursuant to the Contract;or The Contractor shall not,during the Term,pursue a course treat an individual differently from of conduct which would cause a reasonable person to others in determining whether or not believe that he or she is likely to be engaged in acts that the individual satisfies any eligibility or create a substantial conflict between its obligations under other requirements or conditions which the Contract and its private interests. The Contractor is individuals must meet in order to charged with the duty to disclose to the County the receive the Services provided pursuant existence of any such adverse interests,whether existing or to the Contract. potential. This duty shall continue as long as the Term. The determination as to whether or when a conflict may b. The Contractor shall not utilize criteria or potentially exist shall ultimately be made by the County methods of administration which have the effect of Attorney after full disclosure is obtained. subjecting individuals to discrimination because of their race,creed,color,national origin,sex,age,disability, 14. Cooperation on Claims sexual orientation,military status,or marital status,or have the effect of substantially impairing the Contract with The Contractor and the County shall render diligently to respect to individuals of a particular race,creed,color, each other,without compensation,any and all cooperation national origin,sex,age,disability,sexual orientation, that may be required to defend the other party,its. military status,or marital status,in determining: employees and designated representatives,against any claim,demand or action that may be brought against the i.) the Services to be provided;or other party,its employees or designated representatives , arising out of,or in connection with,the Contract. ii.) the class of individuals to whom,or the situations in which,the Services will be 15. Confidentiality provided;or Any document of the County,or any document created by iii.) the class of individuals to be afforded the Contractor and used in rendering the Services,shall an opportunity to receive the Services. remain the property of the County and shall be kept confidential in accordance with applicable laws,rules,and 10. Nonsectarian Declaration regulations. The Services performed under the Contract are secular in 16. Assignment and Subcontracting nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to further the advancement a. The Contractor shall not delegate its duties under of any religion. The Services will be available to all the Contract,or assign,transfer,convey,subcontract, eligible individuals regardless of religious belief or sublet,or otherwise dispose of the Contract,or any of its affiliation. right,title or interest therein,or its power to execute the Contract,or assign all or any portion of the monies that 11. Governing Law may be due or become due hereunder,(collectively referred to in this paragraph 16 as"Assignment"),to any other The Contract shall be governed by,and construed in person,entity or thing without the prior written consent of accordance with,the laws of the State of New York, the County,and any attempt to do any of the foregoing without regard to conflict of laws.Venue shall be without such consent shall be void ab initio. designated in the Supreme Court,Suffolk County,the United States District Court for the Eastern District of New b. Such Assignment shall be subject to all of the York,or,if appropriate,a court of inferior jurisdiction in provisions of the Contract and to any other condition the Suffolk County. County requires. No approval of any Assignment shall be construed as enlarging any obligation of the County under 12. No Waiver the terms and provisions of the Contract. No Assignment of the Contract or assumption by any person of any duty of It shall not be construed that any failure or forbearance of the Contractor under the Contract_shall provide for,or the County to enforce any provision of the Contract in any otherwise be construed as,releasing the Contractor from particular instance or instances is a waiver of that any term or provision of the Contract. provision. Such provision shall otherwise remain in full force and effect,notwithstanding any such failure or 17. Changes to Contractor forbearance. 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 13 of 27 pages ARTICLE III Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 Transfer means: v.) all executed forms required pursuant to i.) if the Contractor is a partnership,the Article IV of the Contract,that are withdrawal or change,whether required to be submitted by the voluntary,involuntary or by operation Contractor;and of law,of the partners,or transfer of partnership interests(other than the vi.) such other information as the County purchase of partnership interests by may reasonably require. existing partners,by the partnership itself or the immediate family members d. The County agrees that any request for its by reason of gift,sale or devise),or the consent to a Permitted Transfer shall be granted,provided dissolution of the partnership without that the transfer does not violate any provision of the immediate reconstitution thereof,and Contract,and the transferee has not been convicted of a criminal offense as described under Article II of Chapter ii.) if the Contractor is a closely held 189 of the Suffolk County Code. The County shall grant or corporation(i.e.whose stock is not deny its consent to any request of a Permitted Transfer publicly held and not traded through an within twenty(20)days after delivery to the County of the exchange or over the counter): Transfer Notice,in accordance with the provisions of Paragraph 27 of Article III of the Contract. If the County 1. the dissolution,merger, shall not give written notice to the Contractor denying its consolidation or other consent to such Permitted Transfer(and setting forth the reorganization of the basis for such denial in reasonable detail)within such Contractor;and twenty(20)-day period,then the County shall be deemed to have granted its consent to such Permitted Transfer. 2. the sale or other transfer of twenty percent(20%)or e. Notwithstanding the County's consent, more of the shares of the Contractor(other than to i.) the terms and conditions of the existing shareholders,the Contract shall in no way be deemed to corporation itself or the have been waived or modified;and immediate family members of shareholders by reason of ii.) such consent shall not be deemed gift,sale or devise). consent to any further transfers. b. If the Contractor is a not-for-profit corporation,a 18. No Intended Third Party Beneficiaries change of twenty percent(20%)or more of its shares or members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed c. The Contractor shall notify the County in writing, a beneficiary of the Contract and no third party shall have which notice(the"Transfer Notice")shall include: the right to make any claim or assert any right under the Contract. i.) the proposed effective date of the Permitted Transfer,which shall not be 19. Certification as to Relationships less than thirty(30)days nor more than one hundred eighty(180)days after the The Contractor certifies under penalties of perjury that, date of delivery of the Transfer Notice; other than through the funds provided in the Contract and other valid agreements with the County,there is no known ii.) a summary of the material terms of the spouse,life partner,business,commercial,economic,or proposed Permitted Transfer; financial relationship with the County or its elected officials. The Contractor also certifies that there is no iii.) the name and address of the proposed relationship within the third degree of consanguinity, transferee; between the Contractor,any of its partners,members, directors,or shareholders owning five(5%)percent or iv.) such information reasonably required more of the Contractor,and the County. by the County,which will enable the County to determine the financial 20. Publications responsibility,character,and reputation of the proposed transferee,nature of the Any book,article,report,or other publication related to the proposed assignee/transferee's business Services provided pursuant to this Contract shall contain and experience; the following statement in clear and legible print: 14 of 27 pages ARTICLE 111 Rev. 11-18-14;Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 protection. The County reserves to itself,and the "This publication is fully or partially funded Contractor hereby gives to the County,and to any other by the County of Suffolk." person designated by the County,consent to produce or otherwise use any item so discovered and/or the right to 21. Copyrights and Patents secure a patent for the discovery or invention. This paragraph shall survive any completion,expiration or a. Copyrights termination of this Contract. Any and all materials generated by or on behalf of the 22. Arrears to County Contractor while performing the Services(including, without limitation,designs,images,video,reports, Contractor warrants that,except as may otherwise be analyses,manuals,films,tests,tutorials,and any other authorized by agreement,it is not in arrears to the County work product of any kind)and all intellectual property upon any debt,contract,or any other lawful obligation,and rights relating thereto("Work Product")are and shall be is not in default to the County as surety. the sole property of the County. The Contractor hereby assigns to the County its entire right,title and interest,if 23. Lawful Hiring of Employees Law in Connection with any,to all Work Product,and agrees to do all acts and Contracts for Construction or Future Construction execute all documents,and to use its best efforts to ensure that its employees,consultants,subcontractors,vendors and In the event that the Contract is subject to the Lawful agents do all acts and execute any documents,necessary to Hiring of Employees Law of the County of Suffolk,Suffolk vest ownership in the County of any and all Work Product. County Code Article II of Chapter 353,as more fully set The Contractor may not secure copyright protection. The forth in the Article entitled"Suffolk County Legislative County reserves to itself,and the Contractor hereby gives Requirements,"the Contractor shall maintain the to the County,and to any other person designated by the documentation mandated to be kept by this law on the County,consent to produce,reproduce,publish,translate, construction site at all times. Employee sign-in sheets and display or otherwise use the Work Product. This paragraph register/log books shall be kept on the construction site at shall survive any completion,expiration or termination of all times and all covered employees,as defined in the law, this Contract. shall be required to sign such sign-in sheets/register/log books to indicate their presence on the construction site The County shall be deemed to be the author of all the during such working hours. Work Product. The Contractor acknowledges that all Work . Product shall constitute"work made for hire"under the 24. Certification Regarding Lobbying U.S.copyright laws. To the extent that any Work Product does not constitute a"work made for hire,"the Contractor Together with this Contract and as a condition precedent to hereby assigns to the County all right,title and interest, its execution by the County,the Contractor shall have including the right,title and interest to reproduce,edit, executed and delivered to the County the Certification adapt,modify or otherwise use the Work Product,that the Regarding Lobbying(if payment under this Contract may Contractor may have or may hereafter acquire in the Work exceed$100,000)as required by Federal regulations,and Product,including all intellectual property rights therein,in shall promptly advise the County of any material change in any manner or medium throughout the world in perpetuity any of the information reported on such Certification,and without compensation. This includes,but is not limited to, shall otherwise comply with,and shall assist the County in the right to reproduce and distribute the Work Product in complying with,said regulations as now in effect or as electronic or optical media,or in CD-ROM,on-line or amended during the term of this Contract. similar format. 25. Record Retention b. Patents The Contractor shall retain all accounts,books,records, If the Contractor develops,invents,designs or creates any and other documents relevant to the Contract for seven(7) idea,concept,code,processes or other work or materials years after final payment is made by the County. Federal, during the Term,or as a result of any Services performed State,and/or County auditors and any persons duly under the Contract("patent eligible subject matter"),it authorized by the County shall have full access and the shall be the sole property of the County. The Contractor right to examine any of said materials during said period. hereby assigns to the County its entire right,title and Such access is granted notwithstanding any exemption interest,if any,to all patent eligible subject matter,and from disclosure that may be claimed for those records agrees to do all acts and execute all documents,and to use which are subject to nondisclosure agreements,trade its best efforts to ensure that its employees,consultants, secrets and commercial information or financial subcontractors,vendors and agents do all acts and execute information that is privileged or confidential Without any documents,necessary to vest ownership in the County limiting the generality of the foregoing,records directly of any and all patent eligible subject matter. The related to contract expenditures shall be kept for a period of Contractor may not apply for or secure for itself patent ten(10)years because the statute of limitations for the New 15 of 27 pages ARTICLE III Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 York False Claims Act(New York False Claims Act§ 192) is ten(10)years. 26. Contract Agency Performance Measures and Reporting Requirements—Local Law No.41-2013 a. If payment under this Contract may exceed $50,000,it is subject to the requirements of Suffolk County 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 16 of 27 pages ARTICLE III Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 Application for County Compensation(Contract)." Article IV Suffolk County Legislative Requirements Suffolk County Living Wage Form LW-38;entitled "Suffolk County Department of Labor—Living Wage Unit NOTE:THE CONTRACTOR'S COMPLETED LEGISLATIVE Living Wage Certification/Declaration—Subject To REQUIRED FORMS REFERENCED HEREIN ARE Audit." AVAILABLE ON FILE AT THE COUNTY ATTORNEY'S OFFICE AND THE DEPARTMENT NAMED ON THE 3. Use of County Resources to Interfere with Collective SIGNATURE PAGE OF THIS CONTRACT. Bargaining Activities It shall be the duty of the Contractor to read,become 1. Contractor's/Vendor's Public Disclosure Statement familiar with,and comply with the requirements of Article I of Chapter 803 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of section County Contractors(as defined by section 803-2)shall A5-7 of Article V of the Suffolk County Code. comply with all requirements of Chapter 803 of the Suffolk County Code,including the following prohibitions: Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-7 of Article V a. The Contractor shall not use County funds to of the Suffolk County Code,the Contractor represents and assist,promote,or deter union organizing. warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County b. No County funds shall be used to reimburse the Administrative Code Article V,section A5-7 and shall file Contractor for any costs incurred to assist, an update of such statement with the Comptroller on or promote,or deter union organizing. before the 31st day of January in each year of the Contract's duration. The Contractor acknowledges that c. No employer shall use County property to hold a such filing is a material,contractual and statutory duty and meeting with employees or supervisors if the that the failure to file such statement shall constitute a purpose of such meeting is to assist,promote,or material breach of the Contract,for which the County shall deter union organizing. be entitled,upon a determination that such breach has occurred,to damages,in addition to all other legal If the Services are performed on County property,the remedies,of fifteen percent(15%)of the amount of the Contractor must adopt a reasonable access agreement,a Contract. neutrality agreement,fair communication agreement,non- intimidation agreement,and a majority authorization card Required Form: agreement. Suffolk County Form SCEX 22;entitled "Contractor's/Vendor's Public Disclosure Statement" If the Services are for the provision of human services and are not to be performed on County property,the Contractor 2. Living Wage Law must adopt,at the least,a neutrality agreement. It shall be the duty of the Contractor to read,become Under the provisions of Chapter803,the County shall have familiar with,and comply with the requirements of Chapter the authority,under appropriate circumstances,to terminate 575,of the Suffolk County Code. the Contract and to seek other remedies as set forth therein, for violations of this Law. This Contract is subject to the Living Wage Law of the County of Suffolk. The law requires that,unless specific Required Form: exemptions apply,all employers(as defined)under service Suffolk County Labor Law Form DOL-L01;entitled contracts and recipients of County financial assistance,(as "Suffolk County Department of Labor Labor Mediation defined)shall provide payment of a minimum wage to Unit Union Organizing Certification/Declaration-Subject employees as set forth in the Living Wage Law. Such rate to Audit." shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. 4. Lawful Hiring of Employees Law Under the provisions of the Living Wage Law,the County shall have the authority,under appropriate circumstances, It shall be the duty of the Contractor to read,become to terminate the Contract and to seek other remedies as set familiar with,and comply with the requirements of Article forth therein,for violations of this Law. II of Chapter 353 of the Suffolk County Code. Required Forms: This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk.It provides that all covered Suffolk County Living Wage Form LW-1;entitled"Suffolk employers,(as defined),and the owners thereof,as the case County Department of Labor—Living Wage Unit Notice of may be,that are recipients of compensation from the 17 of 27 pages ARTICLE IV Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 County through any grant,loan,subsidy,funding, working hours and all covered employees,as defined in the appropriation,payment,tax incentive,contract, law,shall be required to sign such sign-in subcontract,license agreement,lease or other financial sheets/register/log books to indicate their presence on the compensation agreement issued by the County or an site during such working hours. • awarding agency,where such compensation is one hundred percent(100%)funded by the County,shall submit a Required Forms: completed sworn affidavit(under penalty of perjury),the form of which is attached,certifying that they have Suffolk County Lawful Hiring of Employees Law Form complied,in good faith,with the requirements of Title 8 of LHE-1;entitled"Suffolk County Department of Labor— the United States Code Section 1324a with respect to the Notice Of Application To Certify Compliance With Federal hiring of covered employees(as defined)and with respect Law(8 U.S.C. Section 1324a)With Respect To Lawful to the alien and nationality status of the owners thereof. Hiring of Employees." The affidavit shall be executed by an authorized representative of the covered employer or owner,as the Suffolk County Lawful Hiring of Employees Law Form case may be;shall be part of any executed contract, LHE-2;entitled"Affidavit Of Compliance With The subcontract,license agreement,lease or other financial Requirements Of 8 U.S.C.Section 1324a With Respect To compensation agreement with the County;and shall be Lawful Hiring Of Employees" made available to the public upon request. 5. Gratuities All contractors and subcontractors(as defined)of covered employers,and the owners thereof,as the case may be,that It shall be the duty of the Contractor to read,become are assigned to perform work in connection with a County familiar with,and comply with the requirements of Chapter contract,subcontract,license agreement,lease or other 664 of the Suffolk County Code. financial compensation agreement issued by the County or awarding agency,where such compensation is one hundred The Contractor represents and warrants that it has not percent(100%)funded by the County,shall submit to the offered or given any gratuity to any official,employee or covered employer a completed sworn affidavit(under agent of the County or the State or of any political party, penalty of perjury),the form of which is attached, with the purpose or intent of securing an agreement or certifying that they have complied,in good faith,with the securing favorable treatment with respect to the awarding requirements of Title 8 of the United States Code Section or amending of an agreement or the making of any 1324a with respect to the hiring of covered employees and determinations with respect to the performance of an with respect to the alien and nationality status of the agreement. owners thereof,as the case may be. The affidavit shall be executed by an authorized representative of the contractor, 6. Prohibition Against Contracting with Corporations subcontractor,or owner,as the case may be;shall be part of that Reincorporate Overseas any executed contract,subcontract,license agreement,lease or other financial compensation agreement between the It shall be the duty of the Contractor to read,become covered employer and the County;and shall be made familiar with,and comply with the requirements of sections available to the public upon request. A4-13 and A4-14 of Article IV of the Suffolk County Code. An updated affidavit shall be submitted by each such employer,owner,contractor and subcontractor no later The Contractor represents that it is in compliance with than January 1 of each year for the duration of any contract sections A4-13 and A4-14 of Article IV of the Suffolk and upon the renewal or amendment of the Contract,and County Code. Such law provides that no contract for whenever a new contractor or subcontractor is hired under consulting services or goods and services shall be awarded the terms of the Contract. by the County to a business previously incorporated within the U.S.A.that has reincorporated outside the U.S.A. The Contractor acknowledges that such filings are a material,contractual and statutory duty and that the failure 7. Child Sexual Abuse Reporting Policy to file any such statement shall constitute a material breach of the Contract. It shall be the duty of the Contractor to read,become familiar with,and comply with the requirements of Article Under the provisions of the Lawful Hiring of Employees Law,the County shall have the authority to terminate the II of Chapter 880 of the Suffolk County Code. Contract for violations of this Law and to seek other The Contractor shall comply with Article II of Chapter 880, remedies available under the law. of the Suffolk County Code,entitled"Child Sexual Abuse The documentation mandated to be kept by this law shall at Reporting Policy,"as now in effect or amended hereafter or all times be kept on site. Employee sign-in sheets and of any other Suffolk County Local Law that may become register/log books shall be kept on site at all times during applicable during the term of the Contract with regard to child sexual abuse reporting policy. 18 of 27 pages ARTICLE IV Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 which the County may withhold payment,terminate the 8. 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 familiar with,and comply with the requirements of Article 12. Safeguarding Personal Information of Minors II of Chapter 189 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar Upon signing the Contract,the Contractor certifies that it with, and comply with the requirements of Suffolk County 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 covered under section 189-5 of the Suffolk County Code All contract agencies that provide services to minors are under"Nonresponsible Bidder." required to protect the privacy of the minors and are strictly prohibited from selling or otherwise providing to any third 9. Use of Funds in Prosecution of Civil Actions party,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,in 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 by Contract Agencies(Article VIII or administrative forum. of Chapter 189 of the Suffolk County Code). 10. 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. 11. 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 19 of 27 pages ARTICLE IV Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 Article V form(s)required by County or the Suffolk General Fiscal Terms and Conditions County Department of Audit and Control,shall be furnished to the County pursuant to,and as 1. General Payment Terms limited by,the Regulations for Accounting Procedures for Contract Agencies of the Suffolk a. Presentation of Suffolk County Payment County Department of Audit and Control. In Voucher addition to any other remedies that the County may have,failure to supply the required In order for payment to be made by the County to documentation will disqualify the Contractor the Contractor for the Services,the Contractor from any further County contracts. shall prepare and present a Suffolk County Payment Voucher,which shall be documented by c. Payment by County sufficient,competent and evidential matter. Each Suffolk County Payment Voucher submitted for Payment by the County shall be made within payment is subject to Audit at any time during thirty(30)days after approval of the Suffolk the Term or any extension thereof. This County Payment Voucher by the Comptroller. provision shall survive expiration or termination of this Contract for a period of not less than d. Budget Modification seven(7)years,and access to records shall be as set forth in paragraph 25 of Article III,and i.) The parties shall use the Contract paragraph 4(b)of Article V. Budget Modification Request form ("Budget Modification")for revisions b. Voucher Documentation to the Budget and Services not involving an increase to the total cost The Suffolk County Payment Voucher shall list of the Contract.If the Contractor is all information regarding the Services and other seeking such a modification,the items for which expenditures have been or will be Contractor shall contact the made in accordance with the Contract. Either Department to receive the form and upon execution of the Contract(for the Services enter the required information. When already rendered and expenditures already made), the County and the Contractor agree as or not more than thirty(30)days after the to such revisions,the Contractor shall expenditures were made,and in no event after the sign the Budget Modification form and 31'day of January following the end of each year return it to the County for execution of the Contract,the Contractor shall furnish the along with any other documentation the County with detailed documentation in support Department may require. of the payment for the Services or expenditures under the Contract e.g.dates of the Service, ii.) Such request must be made in advance worksite locations,activities,hours worked,pay of incurring any expenditure for which rates and all program Budget categories. The the revision is needed. Suffolk County Payment Voucher shall include time records,certified by the Contractor as true iii.) Upon complete execution of the Budget and accurate,of all personnel for whom Modification form,the County shall expenditures are claimed during the period. return a copy to the Contractor. The Time and attendance records of a project director, revision shall not be effective until the if any,shall be certified by the Chairperson, Budget Modification is completely President or other designated member of the executed. Board of Directors of the Contractor. All Suffolk County Payment Vouchers must bear a signature iv.) The Budget Modification form may be as that term is defined pursuant to New York submitted only twice per calendar year State General Construction Law§46 by duly and may onlytbe submitted prior to authorized persons,and certification of such November 15 of that year. authorization with certified specimen signatures thereon must be filed with the County by a e. Budget and/or Services Revisions Contractor official empowered to sign the Contract. Disbursements made by the Contractor i.) The parties shall use the Contract in accordance with the Contract and submitted Budget/Services Revision Approval for reimbursement must be documented and must Form(Budget/Services Revisions)for comply with accounting procedures as set forth revisions to the Budget and Services by the Suffolk County Department of Audit and involving any change to the total cost Control. Documentation,including any other of the Contract due to a resolution of 20 of 27 pages ARTICLE V Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 the Legislature,changes to the reimbursable to the County by the County's adopted annual budget,or for Contractor and the terms and any other reason necessitating revisions conditions under which such to the Budget or Services. reimbursement shall be paid. ii.) When the County and the Contractor c. The County may,during the Term,impose a agree as to such revisions,the Budget Deficiency Plan. In the event that a Department will enter the information Budget Deficiency Plan is imposed,the County into the Budget/Services Revisions shall promptly notify the Contractor in writing of form and send it to the Contractor for the terms and conditions thereof,which shall be signature.The Contractor shall return it deemed incorporated in and made a part of the to the County for execution along with Contract,and the Contractor shall implement any other documentation the those terms and conditions in no less than Department may require. fourteen(14)days. iii.) Upon complete execution of the form 3. Personnel Salaries,Pension and Employee Benefit by the parties,the County shall return a Plans,Rules and Procedures copy to the Contractor. The revision shall not be effective until the Budget a. Upon request,the Contractor shall submit to the /Services Revisions is completely County a current copy,certified by the executed. 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 ii.) personnel rules and procedures; taxes,the County being a municipality exempt from payment of such taxes. iii.) pension plan and any other employee benefit plans or arrangements. g. Final Voucher b. The Contractor shall not be entitled to 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 21 of 27 pages ARTICLE V Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 Term and for a period of seven(7)years after each Contractor's"fiscal year"in which the expiration or termination of the Contract. Contractor has received,or will receive,three hundred thousand($300,000.00)dollars or more b. The Contractor shall retain all accounts,books, from the County,whether under the Contract or records,and other documents relevant to the other agreements with the County,and shall Contract for seven(7)years after final payment is submit a report to the County on the overall made by the County. Federal,State,and/or financial condition and operations of the County auditors and any persons duly authorized Contractor,including a balance sheet and by the County shall have full access and the right statement of income and expenses,attested by the to examine any of said materials during said Auditor as fairly and accurately reflecting the period. Such access is granted notwithstanding accounting records of the Contractor in any exemption from disclosure that may be accordance with generally accepted accounting claimed for those records which are subject to principles. The Contractor may solicit requests nondisclosure agreements,trade secrets and for proposals from a number of qualified commercial information or financial information accounting firms and review carefully the costs that is privileged or confidential. of,and qualifications for,this type of work before selecting the Auditor. c. The Contractor shall utilize the accrual basis of accounting and will submit all financial reports b. The Auditor should be required to meet the and claims based on this method of accounting following minimum requirements: during the Term. i.) a current license issued by the New York State 5. Audit of Financial Statements Education Department; a. All payments made under the Contract are ii.) sufficient auditing experience subject to audit by the Comptroller pursuant to in the not-for-profit, Article V of the Suffolk County Charter. The governmental or profit- Contractor further agrees that the Comptroller making areas,as applicable; and the Department shall have access to and the and right to examine,audit,excerpt,copy or iii.) a satisfactory peer review transcribe any pertinent transactions or other issued within not more than records relating to services under the Contract. If three(3)years prior to the such an audit discloses overpayments by the date when the Auditor was County to the Contractor,within thirty(30)days selected to conduct the audit. after the issuance of an official audit report by the Comptroller or his duly designated c. The audit must be conducted in accordance with representatives,the Contractor shall repay the generally accepted governmental auditing amount of such overpayment by check to the standards. Financial statements must clearly order of the Suffolk County Treasurer or shall differentiate between County-funded programs submit a proposed plan of repayment to the and other programs that the Contractor may be Comptroller. If there is no response,or if operating. The use of subsidiary schedules satisfactory repayments are not made,the County should be encouraged for this purpose. The may recoup overpayments from any amounts due Auditor must also prepare a Management Letter or becoming due to the Contractor from the based on the audit. County under the Contract or otherwise. d. In the event the Contractor is a not-for-profit b. The provisions of this paragraph shall survive the organization or unit of local government and expiration or termination of the Contract for a expends five hundred thousand($500,000.00) period of seven(7)years,and access to records dollars or more of Federal monies,whether as a shall be as set forth in paragraph 25 of Article III, recipient expending awards received directly and paragraph 4(b)of Article V. from Federal awarding agencies,or as a subrecipient expending Federal awards received 6. Financial Statements and Audit Requirements from a pass-through entity,such as New York State or Suffolk County,during any fiscal year a. Notwithstanding any other reporting or within which it receives funding under the certification requirements of Federal,State,or Contract,the audit must be conducted,and the local authorities,the Contractor shall obtain the audit report("Single Audit Report")must be,in services of an independent licensed public accordance with OMB Circular No.A-l33 accountant or certified public accountant(the (revised June 27,2003). Single Audit Reports "Auditor")to audit its financial statements for must also be submitted to the designated 22 of 27 pages ARTICLE V Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 clearinghouse,cognizant agency and/or pass- fixtures or equipment. All items purchased must through entity,to the extent required by the OMB be new or like new unless specifically described Circular referred to above. otherwise in the Budget. e. The Contractor must submit to the County a b. Purchase Practices/Proprietary Interest of statement in writing,certified by its chief County financial officer,which states the amount of Federal funding expended by the Contractor i.) The Contractor shall follow the general during such fiscal year. The Contractor must practices that are designed to obtain mail or deliver the certified statement to the furniture,fixtures,equipment, Department and to the Executive Director of materials,or supplies at the most Auditing Services,Suffolk County Department of reasonable price or cost possible. Audit and Control,H.Lee Dennison Building, 100 Veterans Memorial Highway,P.O.Box ii.) The County reserves the right to 6100,Hauppauge,New York 11788-0099,as purchase or obtain furniture,fixtures, soon as possible after the end of the Contractor's equipment,materials,or supplies for fiscal year. The statement must include all the Contractor in accordance with the Federal funding received directly from the programmatic needs of the Contract. If Federal government and all Federal funds passed the County exercises this right,the through from the County and other pass-through amount budgeted for the items so entities. purchased or obtained by the County f. Copies of all financial statements,Management for the Contractor shall not be available Letters,Single Audit Reports and other audit to the Contractor for any purpose reports must be transmitted to the County and to whatsoever. Title to any such items the Executive Director of Auditing Services at purchased or otherwise obtained by the the address set forth above. The reports must be County for the programs encompassed submitted within thirty(30)days after completion by the Contract and entrusted to the of the audit,but in no event later than nine(9) Contractor,shall remain in the County. months after the end of the Contractor's fiscal year,to which the audit relates. iii.) The County shall retain a proprietary interest in all furniture,removable g. These requirements do not preclude the County, fixtures,equipment,materials,and the Comptroller,or their authorized supplies purchased or obtained by the representatives,or Federal or State auditors from Contractor and paid for or reimbursed auditing all records of the Contractor. Therefore, to the Contractor pursuant to the terms the records of the Contractor must be made of the Contract or any prior agreement available to authorized representatives of Federal, between the parties. State and County government for that purpose. h. The provisions of this paragraph shall survive the iv.) The Contractor shall attach labels expiration or termination of the Contract. indicating the County's proprietary interest or title in all such property. 7. Furniture,Fixtures,Equipment,Materials,Supplies c. County's Right to Take Title and Possession a. Purchases,Rentals or Leases Requiring Prior Upon the termination or expiration of the Approval Contract or any renewal thereof,the discontinuance of the business of the Contractor, Prior to placing any order to purchase,rent or the failure of the Contractor to comply with the lease any furniture,fixtures,or equipment valued terms of the Contract,the bankruptcy of the in excess of one thousand dollars($1,000.00)per Contractor,an assignment for the benefit of its unit for which the Contractor will seek creditors,or the failure of the Contractor to reimbursement from the County,the Contractor satisfy any judgment against it within thirty(30) shall submit to the County a written request for days of filing of the judgment,the County shall approval to make such a proposed purchase, have the right to take title to and possession of all rental or lease,with a list showing the quantity furniture,removable fixtures,equipment, and description of each item,its intended materials,and supplies and the same shall location and use,estimated unit price or cost,and thereupon become the property of the County estimated total cost of the proposed order. without any claim for reimbursement on the part Written approval of the County shall be required of the Contractor. before the Contractor may proceed with such proposed purchase,rental or lease of furniture, 23 of 27 pages ARTICLE V Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 d. Inventory Records,Controls and Reports removable fixtures,equipment,materials or supplies in the Contractor's custody in which the The Contractor shall maintain proper and County has a proprietary interest,in the same accurate inventory records and controls for all condition as such property was received by the such furniture,removable fixtures and equipment Contractor,reasonable wear and tear excepted. acquired pursuant to the Contract and all prior Any disposition,settlements or adjustments agreements between the parties,if any. Three(3) connected with such property shall be in months before the expiration date of the Contract, accordance with the rules and regulations of the the Contractor shall make a physical count of all , County and the State of New York. items of furniture,removable fixtures and equipment in its custody,checking each item 8. Lease or Rental Agreements against the aforesaid inventory records. A report setting forth the results of such physical count If lease payments or rental costs are included in the Budget shall be prepared by the Contractor 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 shall submit to the County six(6)copies of the same report updated to such date of the Contract, 9. Statement of Other Contracts certified and signed by an authorized official of the Contractor,based on a physical count of all Prior to the execution of the Contract,the Contractor shall items of furniture,removable fixtures and submit a Statement of Other Contracts to the County. If the Contract is amended during the Term,or if the County equipment on the aforesaid expiration date,and revised,if necessary,to include any inventory exercises its option right,the Contractor shall submit a then changes during the last three(3)months of the current Statement of Other Contracts. Term. 10. Miscellaneous Fiscal Terms and Conditions e. Protection of Property in Contractor's Custody a. Limit of County's Obligations The Contractor shall maintain vigilance and take The maximum amount to be paid by the County all reasonable precautions to protect the furniture, is set forth on the first page of the Contract. fixtures,equipment,material or supplies in its custody against damage or loss by fire,burglary, b. Duplicate Payment from Other Sources theft,disappearance,vandalism,or misuse.In the event of burglary,theft,vandalism,or Payment by the County for the Services shall not disappearance of any item of furniture,fixtures, duplicate payment received by the Contractor equipment,material or supplies,the Contractor from any other source. shall immediately notify the police and make a record thereof;including a record of the results of c. Funding Identification any investigation which may be made thereon. In the event of loss of or damage to any item of The Contractor shall promptly submit to the furniture,fixtures,equipment,materials,or County upon request,a schedule for all programs supplies from any cause,the Contractor shall funded by the County,itemizing for each such immediately send the County a detailed written program the sums received,their source and the report thereon. total program budget. f. Disposition of Property in Contractor's d. Outside Funding for Non-County Funded Custody Activities Upon termination of the County's funding of any Notwithstanding the foregoing provisions of the of the Services covered by the Contract,or at any Contract,it is the intent of the County that the other time that the County may direct,the terms and conditions of the Contract shall not Contractor shall make access available and render limit the Contractor from applying for and all necessary assistance for physical removal by accepting outside grant awards or from providing the County or its designee of any or all furniture, additional educational activities/services which may result in the Contractor incurring additional 24 of 27 pages ARTICLE V Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 costs,as long as the following conditions are met: g. Denial of Aid i.) The County is not the Fund Source for If a State or Federal government agency is the additional services; funding the Contract and fails to approve aid in reimbursement to the County for payments made ii.) Sufficient funding is available for or hereunder by the County to the Contractor for can be generated by the Contractor to expenditures made during the Term because of cover the cost incurred by the any act,omission or negligence on the part of the Contractor to provide these additional Contractor,then the County may deduct and services;and withhold from any payment due to the Contractor iii.) If sufficient funding is not available or an amount equal to the reimbursement denied by cannot be generated,the County shall the state or federal government agency,and the not be held liable for any of the County's obligation to the Contractor shall be additional costs incurred by the reduced by any such amounts. In such an event, Contractor in furnishing such if there should be a balance due to the County additional services. after it has made a final payment to the Contractor under the Contract,on demand by the' iv.) Prior to scheduling any such additional County,the Contractor shall reimburse the services on County-owned property, County for the amount of the balance due the the Contractor shall obtain written County,payable to the Suffolk County Treasurer. County approval. The Contractor shall, The provisions of this subparagraph shall survive to the County's satisfaction,submit any the expiration or termination of the Contract. documentation requested by the Department reflecting the change,and h. Budget identify the additional services to be provided and the source of funding that The Contractor expressly represents and agrees shall be utilized to cover the that the Budget lists all revenue,expenditures, expenditures incurred by the Contractor personnel,personnel costs and/or all other in undertaking the additional services. relevant costs necessary to provide the Services. e. Potential Revenue i. Payment of Claims The Contractor shall actively seek and take Upon receipt of a Suffolk County Payment reasonable steps to secure all potential funding Voucher,the County,at its discretion,may pay from grants and contracts with other agencies for the Contractor during the Term,in advance,an programs funded by the County. amount not to exceed one sixth(1/6)of the maximum amount to be paid by the County set f. Payments Contingent upon State/Federal forth on the first page of the Contract. Funding j. Payments Limited to Actual Net Expenditures Payments under the Contract may be subject to and contingent upon continued funding by State The Contractor agrees that if,for any reason and/or Federal agencies. In the event payments whatsoever,the Contractor shall spend during the are subject to such funding no payment shall be Term for the purposes set forth in the Contract an made until the Contractor submits documentation amount less than,or receive amounts more than, in the manner and form as shall be required by provided in the Budget,the total cost of the State and/or Federal agency. If late submission Contract shall be reduced to the net amount of of claims precludes the County from claiming actual Contractor expenditures made for such State or Federal reimbursement,such late claims purposes. The total amount to be paid by the by the Contractor shall not be paid by the County County shall not exceed the lesser of(i)actual subject to subparagraph g.below,if,for any net expenditures or(ii)the total cost of the reason,the full amount of such funding is not Contract on the cover page and in the Budget. made available to the County,the Contract may Upon termination or expiration of the Contract,if be terminated in whole or in part,or the amount the Contractor's total amount of allowable payable to the Contractor may be reduced at the expenses is less than the total amount of the discretion of the County,provided that any such payments made during the Term,the Contractor termination or reduction shall not apply to shall prepare a check payable to the Suffolk allowable costs incurred by the Contractor prior County Treasurer for the difference between the to such termination or reduction,and provided two amounts and submit such payment to the that money has been appropriated for payment of County,along with the final Suffolk County such costs. 25 of 27 pages ARTICLE V Rev. 11-18-14; Law No. 15-YO- • IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 Payment Voucher. County and any amendments thereto during the Term of the Contract. The"Comptroller's Rules k. Travel,Conference,and Meeting Attendance: and Regulations for Consultant's Agreements" SOP A-07 Amendment 1 and"SOP A-07 Amendment I"may be viewed online at the County's website, Reimbursement to the Contractor for travel costs SuffolkCountyny.gov;go to"Government,"then shall not exceed amounts allowed to County "Comptroller,"then"Consultant's Agreements." employees.All conferences that are partially or fully funded by the County that the Contractor's End of Text for Article V staff wishes to attend must be pre-approved,in writing,by the County and must be in compliance with Suffolk County Standard Operating Procedure A-07 which may be viewed online at the County's website, SuffolkCountyny.gov;go to"Government,"then "Comptroller,"then"Consultant's Agreements." Salaries The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all withholding and payroll taxes to the Federal/State governments has been provided to the County. m. Salary Increases No salary,wage,or other compensation for the Services shall be increased over the amount stated in the Budget without the prior written approval of the County. n. Contractor Vacancies The County shall have the right of prior approval of the Contractor's filling of any vacant position as of the date of execution of the Contract or as may thereafter become vacant,and,in the exercise of that right.The County may promulgate reasonable regulations involving filling of vacancies which shall be deemed to be incorporated by reference in,and be made part of,the Contract,provided,however,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 26 of 27 pages ARTICLE V Rev. 11-18-14; Law No. 15-YO- IFMS SCSEXE 15000006710 Youth Bureau Line Item/Omnibus Grant(State) Pseudo Code JSY1 Article VI Budget (see attached) 27 of 27 pages ARTICLE VI • OCFS-3107(Rev.03/2002)FRONT NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES PROGRAM BUDGET AGENCY/MUNICIPALITY: TOWN OF SOUTHOLD FUND TYPE PROGRAM TITLE: JUVENILE AID BUREAU PERSONAL SERVICES: POSITION TITLE RATE OF BASIS TOTAL OCFS PROGRAM AMOUNT(1) TOTAL OCFS FUNDS REQUESTED PAY (H,W,BW,SM) FOR THIS PROGRAM POLICE OFFICER $67.24 H $20,500.00 ' co x"" ? x�c'.' -rk r G 3c =:.�„� • TOTAL SALARIES AND WAGES$20,500.00 TOTAL FRINGE BENEFITS • TOTAL PERSONAL SERVICES $20,500.00 CONTRACTED SERVICES AND STIPENDS TYPE OF SERVICE OR CINSULTANT TIT RATE OF BASIS TOTAL OCFS PROGRAM AMOUNT(1) � x ., � PAY (H,W,BW,SM) TOTAL CONTRACTED SERVICES TOTAL MAINTENANCE&OPERATION 1$ FACILITY REPAIRS PROGRAM SITE ADDRESS Rittoat*r i Y ,6- sof o avc .•j,. V TOTAL FACILITY REPAIRS(4) • $ TOTAL OCFS PROGRAM AMOUNT$20,500.00 TOTAL OCFS FUNDS REQUESTED • LIST OF OTHER FUNDING SOURCES REIMBURSABLE TOTAL MUNICIPAL FUNDING OTHER SOURCES