HomeMy WebLinkAboutFamily Service League - Youth Services RESOLUTION 2016-502
°�+* ADOPTED DOC ID: 11933
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-502 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 17,2016:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A.Russell to execute an Agreement with Family Service League of Suffolk
Countyin connection with the 2016 Southold Youth Services Program in the amount of$33,000
for the term January 1, 2016 through December 31, 2016,this Program is funded in part by a
grant from the Suffolk County Youth Bureau, all in accordance with the approval of the Town
Attorney.
aja&* r
t
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
CONTRACT FOR SERVICES
THIS AGREEMENT entered into thisday of , 2016 between the Town of
Southold(hereinafter referred to as the "Town"), a municipal corporation organized and existing
under and by virtue of the laws of the State of New York with offices at 53095 Main Road,
Southold, New York 11971 and the Family Service League of Suffolk County(hereinafter
referred to as the"Consultant") with offices at 208 Roanoke Avenue, Riverhead, New York
11901.
WITNESSETH:
WHEREAS, the Town desires to engage the Consultant to render certain professional services
hereinafter described in connection with an undertaking.
NOW, therefore, the parties hereto mutually agree as follows:
1. FtnpjMj(L �of Consultant. The Town hereby agrees to engage the Consultant and the
Consultant hereby agrees to perform the services hereinafter set forth.
2. Scope of Work,. The Consultant shall perform and carry out, in a satisfactory and proper
manner, the services described in Exhibit A attached hereto and made a part hereof.
3. Personnel.
A. The Consultant represents that all personnel engaged in the work shall be fully
qualified by reason of training and experience to perform such services set forth
herein.
B. None of the work or services covered by this Contract shall be subcontracted
without the prior written approval of the Town.
4. Time of Performance. The services of the Consultant are to commence upon execution
of this Contract and shall end on December 31, 2016 or at the completion of the tasks
outlined in Exhibit A.
5. ComT ensation. The Town agrees to pay the Consultant the total sum not to exceed
4
$33,000.
6. Met1 L)L J c qyn,on't. Payment shall be made in accordance with the billing schedule and
upon receipt by the Town of a properly completed voucher form supplied by the Town.
It is expressly understood and agreed that in no event will the total compensation and
reimbursement being paid hereunder shall exceed the maximum sum of$33,000 for all of
the services required.
7. Monthly lZeports and Activity Reports. Monthly activity reports should be submitted
along with monthly vouchers for reimbursement of approved expenditures.
8. Additional Rights and Remedies. This Contract shall be governed by, subject to, and
construed according to the laws of the State of New York.
IN WITNESS WHEREOF,the parties hereto have executed this Contract as of the date
hereinabove set forth.
Town of Southold
By:
Scot4Russell,egupe7litor—
ce
League of Suffolk
Karen Soorshtein, President & CEO
EXHIBIT A
The Consultant shall provide individual and crisis intervention counseling plus alcohol and
substance abuse prevention/education services for the Southold Town Youth Services Program.
The Consultant will monitor the individuals' participation in the Community Service Sentencing
Program in the Southold Town Justice Court, and execute a formal letter of completion to the
Court.
The Consultant will provide group, family and individual consulting to those in the Southold
Town Youth Services Program.
The Consultant will maintain a referral network with other youth service agencies.
The Consultant will work with the Greenport, Southold and Mattituck-Cutchogue School
Districts on programs that benefit youth.
The Consultant will attend or provide program/lectures on youth related issues as requested.
The Consultant will aid the Southold Town Justice Court, Southold Town Police Department,
Suffolk County Probation Department and the Suffolk County Family Court in the solution of
youth related matters.
The Consultant will work with the Southold Juvenile Aid Bureau on youth related problems and
solutions.
The Consultant will provide any and all other services,upon mutual agreement, as needed by the
Town of Southold's Youth Services Program.
The Consultant will work with the Southold Town Youth Bureau on youth related issues such as
prevention initiatives and the development of solutions to identify problems.
�4 F ORIGINAL
Off' �G
RECEIVED
OCT 13 206
Office of the Town Attorney Southold Town Clerk
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: October 13, 2016
Subject: Agreement between County of Suffolk and the Town of
Southold & Family Service League
2016 Youth Bureau Services
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: John Cushman, Comptroller
Law No. 16-YO-(7540 IFMS SCSEXE 16000002839
Y02 Youth Bureau Implementing Agency Pseudo Code ARHI
Contract
This Contract("the Contract")is between the County of Suffolk("the County"),a municipal corporation of the State
of New York,acting through its duly constituted Youth Bureau ("the Department"), located at the H.Lee Dennison
Building-3rd Floor, 1,00 Veterans Memorial Highway,Hauppauge,New York(Mailing Address: P.O.Bog 6100,
Hauppauge,New York 11788-0099); and
Town of Southold ("the Contractor"),a New York Municipal Corporation,having its principal place of business at
53095 Main Road,Southold,New York 11971 and Family Service League Inc. (Implementing Agency),a New York
Not-For-Profit Corporation,having its principal place of business at 790 Park Avenue,Huntington,New York 11743.
The Contractor has been designated to receive funds from the County for various delinquency prevention programs("the
Services")through the Contractor and its Implementing Agency as set forth in Article I,entitled"Description of Services."
Term of the Contract: January 1,2016 through December 31,2016.
Total Cost of the Contract: Shall not exceed$8,157.00,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 S th d County uffolk
-By: By:
Name: Tc,4-S- �USse I( Dennis M. Cohen
Title:y Su p()•fJ�St-
Fed.Tax ID OU 1`'i 39 hief Deputy County Executive
Date Da
J
L 0-4 - USS�,hereby certifies under
Family S League Inc.
penalties of perjury that I am an officer of
►h 4 S ,that I have read and I am By:
familiar with§A5-8 of Article V of the Suffolk County Code, Nam -
and that T'i�r, !, S c�4\0�� meets all Title: r Presiden &CEO
Federal Tax JD# ► I l
requirements toZfor exe tion thereunder. Date
Name lsA-0 ��A^ _ n
Date �r/1\ `� hereby
ifiesy derenalties of rjury that I am an officer of
- (l14 rV Ick A,�;f�k�at I have read and
ze
i wi §A5-8ofArticle oftoeSuffolk County
that L �er0 eetsall
isqualify for a cemption thereunde .
at
ADDITONAL SIGNATURES ON
FOLLOWING PAGE
yI of 28 pages Rev.7/7/16
1
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YO2 Youth Bureau Implementing Agency Pseudo Code ARHI
Approved:
Youth Bureau
By:
Name:Roderick A.Pearson
Title: Executive Director
Date O�1100
Approved o Form:
Dennis M. own,
County A rney
amantha N.McEac in
Assistant County AATMey
ate
a
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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
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IFMS SCSEXE 16000002839
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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
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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 ofAid
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
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Article I
Description of Services
Whereas,the Contractor has been identified in the 2016 Suffolk County Adopted Budget under the pseudo code
as listed on page one of the Contract to perform the Services for the Department; and
Whereas,the Department desires to have the Contractor provide a Juvenile Delinquency Prevention Program;
and
Whereas,the Contractor agrees to provide such a program to the County;
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto
agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Contractor References
All references in this Contract to "Contractor" shall be deemed to refer to the Contractor and to the
Implementing Agency, except as otherwise indicated;provided that all provisions relating to Contractor's staff
shall be deemed to apply only to the Implementing Agency.
3. Legislative Designated Funding Application; Description of Services
(See 2-3 Pages Following,As Applicable)
Remainder of Page Intentionally Left Blank
6 of 28 pages
ARTICLE I
1
,OCPs-5001(Rev 1112013) Page 1 of 2
NEW YORK STATE AR 'H
OFFICE OF CHILDREN AND FAMILY SERVICES
INDIVIDUAL PROGRAM APPLICATION
Program Information
QY <;( orCofy:>Ie Qnfy, @ Program Year
Program Title, - -
Southold Youth Services
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Funding Category: >4 County:
❑Youth Development Funding ❑RHYA-Part I ❑ RHYA-Part II Suffolk
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Total Program Amount: OCFS Funds Requested:
8157.00
M,
^ a 60%State Aid[RHYA Programs ONLY] /Tax Match
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This Agency is: Federal iD;f: Charities Reg.#:
❑Private Not for Profit ❑ Public ❑Religious Corporations 11-6001930 N/A
Agency Website. Implementing Agency
www.southoldtownny.gov Town of Southold.
Mailing Address*
P.O.B. 1179 Southold N.Y. 11971-0959
Address Line 2:
53095 Main Road.
City: State: Zip Code:
Southold New York 11971-0959
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Last Name. First Name:
Russell Scott
Title: Phone Number-
Supervisor
umberSupervisor 631-765-1889
Fax Number* E-Mail:
631-765-1823 scott.russell@town.southold.nylus
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Last Name: First Name:
Noncarrow Denis
Title. Phone Number: Extension.
Government Liaison officer 631-765-5806
Fax Number. E-Mail:
631-765-1823 denisn@southoldtovmny.gov
southoldtownny.gov
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FROM: 01/01/2016 TO: 12/31/2016 FROM: 9am TO: 5pm
® Daily ❑ Other(Explain)
EXECUTIVE 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.
❑ Changes have been submitted on the electronic OCFS-5001,5002,5003.
PROGRAM DESCRIPTION
. " The Southold Youth Services Program provides individual, group, family and
crisis intervention counseling plus alcohol and substance abuse
prevention/education services for the Town of Southold. The Southold
Youth Services Program is open to all Suffolk County youth and their
families. '
The Youth Service•counselor also administers the Southold Town
Community Service Sentencing Program for youth sentenced'in the
Southold Town Justice Court. The recidivism rate for those youth involved
in the CSSP is less than 2%.
The Youth Service counselor maintains a referral network with other youth
service agencies, schools,, the Southold Juvenile Aid Bureau, Suffolk
County Probation Department and the Suffolk County Family Court, in the
solution of youth related matters.
The budget for the Youth Services program for 2016 is $33,000.
Law No. 16-YO- IFMS SCSEXE 16000002839
Y02 Youth Bureau Implementing Agency Pseudo Code ARHI
Article IA
Department Specific Provisions (2) Contractor Letters
The Contractor agrees to furnish to the
1. Certificate of Incorporation;Board Meetings County letter(s)regarding all personnel
to be hired for the Services. The
a. The Contractor shall furnish the Department with letter(s)shall include,but not be
certified'copies of its Certificate of Incorporation limited to:
and by-laws,including any amendments thereto,
at the time it signs this Contract,to the extent not i.) The specific tasks to be
already on file with the Department,and any performed by the individual
amendments thereto during the term of this employees during the course
Contract promptly upon their adoption,and a list of the Services.
of the board members governing the Contractor
from time to time. The contractor shall not ii.) Salaries and hours to be
dissolve any existing corporation or establish any worked by the individual
new corporation with the responsibility for the employees during the course
operation of the program without the prior of the Services.
written approval of the Department.
(3) County Approval
b. Minutes of the Contractor's annual board
meeting and one other board meeting,no longer The County reserves the right to
than six(6)months thereafter,should be approve principal services personnel
forwarded to the Department within two(2) proposed by the Contractor at the time
- weeks after the conclusion of the meetings. of entering into this Contract. Reasons
for the County not approving said
2. Contractor's Staff personnel shall be for lack of
qualification or lack of demonstration
a. Prior Approval by the Contractor that said proposed
personnel will not have a deleterious
The Department shall have the right to prior effect on the proper and efficient
approval of the filling of any position now vacant operation of the Services.
or hereafter becoming vacant and may,in the
exercise of that right,promulgate reasonable (4) Job Descriptions,Qualifications
regulations involving position control which
shall,when promulgated,be deemed to be The Contractor will nominate to the
incorporated by reference in and be made part of Department a Service director chosen
this Contract. on the basis of the job description
below. The Department shall review
b. Current Procedures such nominations and may confirm
them. Other staff positions provided
(1) Resumes for in this Contract will be filled in
accordance with written job
The Contractor,at its own expense, descriptions as provided below.
agrees to furnish to the Department Employment of any staff member under
resumes of all personnel to be hired for the terms of this Contract shall be
the Services referred to in this Contract, subject to ongoing review for
prior to their being hired. Resumes competency and aptitude of the staff
shall include,but not limited to: member by the Department or its
designees.The Department may
i.) Previous job title(s)of the recommend dismissal or suspension of
individual employee and the any staff member under this Contract.
length of employment under
each title;and/or (5) Service Director
ii.) Previous experience and i.) Qualifications: Graduation
length of previous experience from an accredited college
with a task or tasks similar or and/or university with a
equal to the Services. Master's Degree in Social
Work;or a Bachelor's
Degree(4-year college
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degree)plus 2 years and capacity for development
experience in Human in professional
Services. use of self in relationships.
ii.) Duties: Responsible for (7) Service Aides
overall Service;hires and
fires staff;chairs youth i.) Qualifications:High School
advisory committee; Diploma and preferably some
administers and directs all paid experience in youth
Contractor Services;is work.
responsible to Board of
Directors of the Contractor ii) Duties:Report to Service
and has immediate charge of director;shall carry out
and responsibility for the assignments as
Services;renders direct paraprofessionals;shall keep
services to clients as written records and reports of
required;selects,trains and work accomplished;shall
supervises program aides, demonstrate ability to learn,
nonprofessional staff and ability to relate successfully
volunteers;has charge of to clients and community,
petty cash account;make and capacity for development
purchases and expends funds in professional use of self in
under the direction of the relationships.
treasurer of the corporation
or such other officers as the 3. human Services Division Technical Assistance and
Board of the corporation may Training
direct.
a. The Contractor agrees to participate in the
(6) Youth Worker Human Services Division Technical Assistance
and Training Program. Such agreed participation
i.) Qualifications:Bachelor's will include staff training on the topic of
Degree(4-year college HIV/AIDS and not more than three(3)days-per-
degree from an accredited year attendance at training on topics that may
college). include,but not be limited to,contract financial
reporting,the setting of service goals and
ii.) Duties: Provides counseling, objectives,and service development.
group work services,and
professional supervision in b. The Contractor may participate,at its election,in
lounge activities,is any additional training made available by the
responsible to the Service Human Services Division.
director. Also shall keep
written records and reports of End of Text for Article IA
work accomplished;shall
demonstrate ability to learn,
ability to relate successfully
to clients and the community,
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Article H d. the Contractor's failure to comply with any
Definitions Federal,State or local law,rule,or regulation,
and County policies or directives;or
1. Meanings of Terms
e. the Contractor's bankruptcy or insolvency;or
As used herein:
f. the Contractor's failure to cooperate in an Audit
"Audit of Financial Statements"means the examination by of Financial Statements;or
the Comptroller and any Federal or State auditing authority of
the financial statements of the Contractor resulting in the g. the Contractor's falsification of records or
publication of an independent opinion on whether or not those reports,misuse of funds,or malfeasance or
financial statements are relevant,accurate,complete,and fairly nonfeasance in financial record keeping arising
presented. out of,or in connection with,any contract with
the County;or
"Budget"means the Contractor's summary or plan of all
intended revenue,whether received in the form of fees,grants, h. the Contractor's failure to submit,or failure to
County funding,or any other source,and expenditures necessary to timely submit,documentation to obtain Federal
render the Services. or State funds;or
"Budget Deficiency Plan"means an analysis of the cost of the i. the inability of the County or the Contractor to
Services,changes in fiscal conditions,and required modifications to obtain Federal or State funds due to any act or
the Contract to continue to render the Services. omission of the Contractor;or
"Comptroller"means the Comptroller of the County of Suffolk. j• any condition that the County determines,in its
sole discretion,is dangerous.
"Contract"means all terms and conditions of this Contract forming
all rights and obligations of the Contractor and the County. "Federal"means the United States government,its departments,and
agencies.
"Contractor"means the signatory corporation,its officers,officials,
employees,agents,servants,sub-contractors,and any successor or "Fringe Benefits"means non-wage benefits which accompany,or
assign of any one or more of the foregoing performing the Services. are in addition to,a person's salary,such as paid insurance,sick
leave,profit-sharing plans,paid holidays,and vacations.
"County"means the County of Suffolk,its departments,and
agencies. "Fund Source"means any direct or indirect sum payable to the
Contractor by the County pursuant to any lawful obligation.
"County Attorney"means the County Attorney of the County of
"Legislature"means the Legislature of the County of Suffolk.
Suffolk.
"Department"means the signatory department approving the "Management Letter"means a letter certified as true by the
Contract. Contractor's certified public accountant or chief financial officer of
findings and recommendations for improvements in internal fiscal
"Engineering Services"means the definition of the practice of control that were identified during an Audit of Financial Statements,
engineering and the definition of practice of land surveying,as the but which were not required to be included in an audit report.
case may be,under Section 7201 and Section 7203 of the State
"Municipal Corporation"means a town,village,or school district
Education Law,respectively.
"Event of Default"means "Services"means all that which the Contractor must do,and any part
thereof arising out of,or in connection with,the Contract as
a. the Contractor's failure to perform any duty described in Article I"Description of Services."
required of it under paragraphs 1(b)-(e)of
Article III of the Contract;or "State"means the State of New York.
b. the Contractor's failure to maintain the amount "Statement of Other Contracts"means a complete list of all other
and types of insurance with an authorized insurer contracts under which money has been or will be paid to the
as required by the Contract;or Contractor from the County,Federal,or State governments,or a
Municipal Corporation,and(i)which are currently in effect or(ii)
C. the Contractor's failure to maintain insurance which have expired within the past twelve(12)months and have not
required by the Contract with an insurer that has been renewed.
designated the New York Superintendent of
Insurance as its lawful agent for service of
process;or "Suffolk County Payment Voucher"means the document
authorized and required by the Comptroller for release of payment.
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"Term"means the time period set forth on page one of the Contract
and,if exercised by the County,the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms,associations,
partnerships(including limited partnerships),trusts,corporations,
and other legal entities,including public bodies,as well as natural
persons,and shall include successors and assigns.
Capitalized terms used,but not otherwise defined,herein,shall have
the meanings assigned to them in the Contract.
End of Text for Article H
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Article III termination of the license does not affect the
General Terms and Conditions Contractor's ability to render the Services,every
other term and provision of the Contract shall be
1. Contractor Responsibilities valid and enforceable to the fullest extent
permitted by law.
a. Duties and Obligations
d. Documentation of Professional Standards
i.) It shall be the duty of the Contractor to
discharge,or cause to be discharged,all of its The Contractor shall maintain on file,in one location in
responsibilities,and to administer funds received Suffolk County,all records that demonstrate that it has
in the interest of the County in accordance with complied with sub-paragraphs(b)and(c)above. The
the provisions of the Contract. address of the location of the aforesaid records and
documents shall be provided to the County no later than the
ii.) The Contractor shall promptly take all date of execution of the Contract. Such documentation
action as may be necessary to render the Services. shall be kept,maintained,and available for inspection by
the County upon twenty-four(24)hours notice.
iii.) The Contractor shall not take any
action that is inconsistent with the provisions of e. Credentialing
the Contract.
i.) In the event that the Department,or any
iv.) Services provided under this Contract division thereof,maintains a credentialing
shall be open to all residents of the County. process to qualify the Contractor to render the
Services,the Contractor shall complete the
b. Qualifications,Licenses,and Professional required credentialing process. In the event that
Standards any State credential,registration,certification or
license,Drug Enforcement Agency registration,
The Contractor represents and warrants that it has,and or Medicare or Medicaid certification is
shall continuously possess,during the Term,the required restricted,suspended,or temporarily or
licensing,education,knowledge,experience,and character permanently revoked,it is the duty of the
necessary to qualify it to render the Services. Contractor to contact the Department,or division
thereof,as the case may be,in writing,no later
The Contractor shall continuously have during the Term all than three(3)days after such restriction,
required authorizations,certificates,certifications, suspension,or revocation.
registrations,licenses,permits,and other approvals
required by Federal,State,County,or local authorities ii.) The Contractor shall forward to the
necessary to qualify it to render the Services. Department,or division thereof,as the case may
be,on or before July 1 of each year during the
C. Notifications Term,a complete list of the names and addresses
of all persons providing the Services,as well as
i.) The Contractor shall immediately their respective areas of certification,
notify the County,in writing,of any disciplinary credentialing,registration,and licensing.
proceedings,commenced or pending,with any
authority relating to a license held by any person f. Engineering Certificate
necessary to qualify him,her,or the Contractor to
perform the Services. In the event that the Contract requires any Engineering
Services,the Contractor shall submit to the County,no
ii.) In the event that a person is no longer later than the due date for submission for approval of any
licensed to perform the Services,the Contractor engineering work product,the Certificate of Authorization
must immediately notify the County,but in no ("Certificate"),issued pursuant to§7210 of the New York
event shall such notification be later than five(5) Education Law,of every person performing any
days after a license holder has lost the license Engineering Services. The failure to file,submit,or
required to qualify the license holder or the maintain the Certificate shall be grounds for rejection of
Contractor to perform the Services. any engineering work product submitted for approval.
iii.) In the event that the Contractor is not 2. Termination
able to perform the Services due to a loss of
license,the Contractor shall not be reimbursed a. Thirty Days Termination
for the Services rendered after the effective date
of termination of such license. Without limiting The County shall have the right to terminate the Contract
the generality of the foregoing,if any part of the without cause,for any reason,at any time,upon such terms
Contract remains to be performed,and the and conditions it deems appropriate,provided,however,
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that no such termination shall be effective unless the b. The Contractor hereby represents and warrants
Contractor is given at least thirty(30)days notice. that it will not infringe upon any copyright in performing
the Services.The Contractor agrees that it shall protect,
b. Event of Default;Termination on Notice indemnify,and hold harmless the County,its agents,
servants,officials,and employees from and against all
i.) The County may immediately terminate liabilities,fines,penalties,actions,damages,claims,
the Contract,for cause,upon such terms and demands,judgments,losses,suits or actions,costs,and
conditions it deems appropriate,in the Event of expenses arising out of any claim asserted for infringement
Default. of copyright,including reimbursement of the cost of
reasonable attorneys'fees incurred by the County,its
ii.) If the Contractor defaults under any agents,servants,officials,and employees in any action or
other provision of the Contract,the County may proceeding arising out of or in connection with any claim
terminate the Contract,on not less than five(5) asserted for infringement of copyright.
days notice,upon such terms and conditions it
deems appropriate. C. The Contractor shall defend the County,its
agents,servants,officials,and employees in any proceeding
C. Termination Notice or action,including appeals,arising out of,or in
connection with,the Contract,and any copyright
Any notice providing for termination shall be delivered as infringement proceeding or action.Alternatively,at the
provided for in paragraph 27 of this Article III. County's option,the County may defend any such
proceeding or action and require the Contractor to pay
d. Duties upon Termination reasonable attorneys'fees or salary costs of County
employees of the Department of Law for the defense of any
i.) The Contractor shall discontinue the such suit.
Services as directed in the termination notice.
4. Insurance
ii.) Subject to any defenses available to it,
the County shall pay the Contractor for the a. The Contractor shall continuously maintain,
Services rendered through the date of during the Term of the Contract,insurance in amounts and
termination. types as follows:
iii.) The County is released from any and all
liability under the Contract,effective as of the i.) Commercial General Liability
date of the termination notice. insurance,including contractual liability
coverage,in an amount not less than Two Million
iv.) Upon termination,the Contractor shall Dollars($2,000,000.00)per occurrence for
reimburse the County the balance of any funds bodily injury and Two Million Dollars
advanced to the Contractor by the County no ($2,000,000.00)per occurrence for property
later than thirty(30)days after termination of the damage. The County shall be named an
Contract. The provisions of this subparagraph additional insured.
shall survive the expiration or termination of the
Contract. ii.) Automobile Liability insurance(if any
non-owned or owned vehicles are used by the
V.) Nothing contained yin this paragraph Contractor in the performance of the Contract)in
shall be construed as a limitation on the County's an amount not less than Five Hundred Thousand
rights set forth in paragraphs 1(c)(iii)and 8 of Dollars($500,000.00)per person,per accident,
this Article III. for bodily injury and not less than One Hundred
Thousand Dollars($100,000.00)for property
3. Indemnification and Defense damage per occurrence.The County shall be
named an additional insured.
a. The Contractor shall protect,indemnify,and hold
harmless the County,its agents,servants,officials,and iii.) Workers'Compensation and
employees from and against all liabilities,fines,penalties, Employer's Liability insurance in compliance
actions,damages,claims,demands,judgments,losses,suits with all applicable New York State laws and
or actions,costs,and expenses caused by the negligence or regulations and Disability Benefits insurance,if
any acts or omissions of the Contractor,including required by law. The Contractor shall furnish to
reimbursement of the cost of reasonable attorneys'fees the County,prior to its execution of the Contract,
incurred by the County,its agents,servants,officials,and the documentation required by the State of New
employees in any action or proceeding arising out of,or in York Workers'Compensation Board of coverage
connection with,the Contract. or exemption from coverage pursuant to§§57
and 220 of the Workers'Compensation Law. In
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accordance with General Municipal Law§108, be construed as creating a principal-agent relationship
the Contract shall be void and of no effect unless between the County and the Contractor or the Contractor
the Contractor shall provide and maintain and the County,as the case may be.
coverage during the Term for the benefit of such
employees as are required to be covered by the 6. Severability
provisions of the Workers'Compensation Law.
It is expressly agreed that if any term or provision of this
iv.) Professional Liability insurance in an Contract,or the application thereof to any person or
amount not less than Two Million Dollars circumstance,shall be held invalid or unenforceable to any
($2,000,000.00)on either a per-occurrence or extent,the remainder of the Contract,or the application of
claims-made coverage basis. such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable,
b. The County may mandate an increase in the shall not be affected thereby,and every other term and
liability limits set forth in the immediately preceding provision of the Contract shall be valid and shall be
paragraphs(4)(a)(i),(ii),and(iv). enforced to the fullest extent permitted by law.
C. All policies providing such coverage shall be 7. Merger;No Oral Changes
issued by insurance companies authorized to do business in
New York with an A.M.Best rating of A-or better. It is expressly agreed that the Contract represents the entire
agreement of the parties and that all previous
d. The Contractor shall furnish to the County,prior understandings are herein merged in the Contract. No
to the execution of the Contract,declaration pages for each modification of the Contract shall be valid unless in written
policy of insurance,other than a policy for commercial form and executed by both parties.
general liability insurance,and upon demand,a true and
certified original copy of each such policy evidencing 8. Set-Off Rights
compliance with the aforesaid insurance requirements.
The County shall have all of its common law,equitable,
e. In the case of commercial general liability and statutory rights of set-off. These rights shall include,
insurance and business use automobile insurance,the but not be limited to,the County's option to withhold from
Contractor shall furnish to the County,prior to the a Fund Source an amount no greater than any sum due and
execution of the Contract,a declaration page or insuring owing to the County for any reason. The County shall
agreement and endorsement page evidencing the County's exercise its set-off rights subject to approval by the County
status as an additional insured on said policy,and upon Attorney. In cases of set-off pursuant to a Comptroller's
demand,a true and certified original copy of such policy audit,the County shall only exercise such right after the
evidencing compliance with the aforesaid insurance finalization thereof,and only after consultation with the
requirements. County Attorney.
f. All evidence of insurance shall provide for the 9. Non-Discrimination in Services
County to be notified in writing thirty(30)days prior to
any cancellation,nonrenewal,or material change in the a. The Contractor shall not,on the grounds of race,
policy to which such evidence relates. It shall be the duty creed,color,national origin,sex,age,disability,sexual
of the Contractor to notify the County immediately of any orientation,military status,or marital status
cancellation,nonrenewal,or material change in any
insurance policy. i.) deny any individual the Services
provided pursuant to the Contract;or
g. In the event the Contractor shall fail to provide ii.) provide the Services to an individual
evidence of insurance,the County may provide the that is different,or provided in a
insurance required in such manner as the County deems different manner,from those provided
appropriate and deduct the cost thereof from a Fund to others pursuant to the Contract;or
Source. iii.) subject an individual to segregation or
separate treatment in any matter related
h. If the Contractor is a Municipal Corporation and to the individual's receipt of the
has a self-insurance program under which it acts as a self- Services provided pursuant to the
insurer for any of such required coverage,the Contractor Contract;or
shall provide proof,acceptable to the County,of self- iv.) restrict an individual in any way from
funded coverage. any advantage or privilege enjoyed by
5. Independent Contractor others receiving the Services provided
pursuant to the Contract;or
The Contractor is not,and shall never be,considered an treat an individual differently from
employee of the County for any purpose. Notwithstanding others in determining whether or not
anything contained in this Contract,the Contract shall not the individual satisfies any eligibility or
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other requirements or conditions which charged with the duty to disclose to the County the
individuals must meet in order to existence of any such adverse interests,whether existing or
receive the Services provided pursuant potential. This duty shall continue as long as the Term.
to the Contract. The determination as to whether or when a conflict may
potentially exist shall ultimately be made by the County
b. The Contractor shall not utilize criteria or Attorney after full disclosure is obtained.
methods of administration which have the effect of
subjecting individuals to discrimination because of their 14. Cooperation on Claims
race,creed,color,national origin,sex,age,disability,
sexual orientation,military status,or marital status,or have The Contractor and the County shall render diligently to
the effect of substantially impairing the Contract with each other,without compensation,any and all cooperation
respect to individuals of a particular race,creed,color, that may be required to defend the other party,its
national origin,sex,age,disability,sexual orientation, employees and designated representatives,against any
military status,or marital status,in determining: claim,demand or action that may be brought against the
other party,its employees or designated representatives
i.) the Services to be provided;or arising out of,or in connection with,the Contract.
ii.) the class of individuals to whom,or the 15. Confidentiality
situations in which,the Services will be
provided;or Any document of the County,or any document created by
the Contractor and used in rendering the Services,shall
iii.) the class of individuals to be afforded remain the property of the County and shall be kept
an opportunity to receive the Services. confidential in accordance with applicable laws,rules,and
regulations.
10. Nonsectarian Declaration
16. Assignment and Subcontracting
The Services performed under the Contract are secular in
nature. No funds received pursuant to the Contract shall be a. The Contractor shall not delegate its duties under
used for sectarian purposes or to further the advancement the Contract,or assign,transfer,convey,subcontract,
of any religion. The Services will be available to all sublet,or otherwise dispose of the Contract,or any of its
eligible individuals regardless of religious belief or right,title or interest therein,or its power to execute the
affiliation. Contract,or assign all or any portion of the monies that
may be due or become due hereunder,(collectively referred
11. Governing Law to in this paragraph 16 as"Assignment"),to any other
person,entity or thing without the prior written consent of
The Contract shall be governed by,and construed in the County,and any attempt to do any of the foregoing
accordance with,the laws of the State of New York, without such consent shall be void ab initio.
without regard to conflict of laws.Venue shall be
designated in the Supreme Court,Suffolk County,the b. Such Assignment shall be subject to all of the
United States District Court for the Eastern District of New provisions of the Contract and to any other condition the
York,or,if appropriate,a court of inferior jurisdiction in County requires. No approval of any Assignment shall be
Suffolk County. construed as enlarging any obligation of the County under
the terms and provisions of the Contract. No Assignment
12. No Waiver of the Contract or assumption by any person of any duty of
the Contractor under the Contract shall provide for,or
It shall not be construed that any failure or forbearance of otherwise be construed as,releasing the Contractor from
the County to enforce any provision of the Contract in any any term or provision of the Contract.
particular instance or instances is a waiver of that
provision. Such provision shall otherwise remain in full 17. Changes to Contractor
force and effect,notwithstanding any such failure or
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
Transfer means:
13. Conflicts of Interest
i.) if the Contractor is a partnership,the
The Contractor shall not,during the Term,pursue a course withdrawal or change,whether
of conduct which would cause a reasonable person to voluntary,involuntary or by operation
believe that he or she is likely to be engaged in acts that of law,of the partners,or transfer of
create a substantial conflict between its obligations under partnership interests(other than the
the Contract and its private interests. The Contractor is purchase of partnership interests by
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existing partners,by the partnership d. The County agrees that any request for its
itself or the immediate family members consent to a Permitted Transfer shall be granted,provided
by reason of gift,sale or devise),or the that the transfer does not violate any provision of the
dissolution of the partnership without Contract,and the transferee has not been convicted of a
immediate reconstitution thereof,and criminal offense as described under Article II of Chapter
189 of the Suffolk County Code. The County shall grant or
if the Contractor is a closely held deny its consent to any request of a Permitted Transfer
corporation(i.e.whose stock is not within twenty(20)days after delivery to the County of the
publicly held and not traded through an Transfer Notice,in accordance with the provisions of
exchange or over the counter): Paragraph 27 of Article III of the Contract. If the County
shall not give written notice to the Contractor denying its
1. the dissolution,merger, consent to such Permitted Transfer(and setting forth the
consolidation or other basis for such denial in reasonable detail)within such
reorganization of the twenty(20)-day period,then the County shall be deemed to
Contractor;and have granted its consent to such Permitted Transfer.
2. the sale or other transfer of e. Notwithstanding the County's consent,
twenty percent(20%)or
more of the shares of the i.) the terms and conditions of the
Contractor(other than to Contract shall in no way be deemed to
existing shareholders,the have been waived or modified;and
corporation itself or the
immediate family members of ii.) such consent shall not be deemed
shareholders by reason of consent to any further transfers.
gift,sale or devise).
18. No Intended Third Party Beneficiaries
b. If the Contractor is a not-for-profit corporation,a
change of twenty percent(20%)or more of its shares or The Contract is entered into solely for the benefit of the
members shall be deemed a Permitted Transfer. County and the Contractor. No third party shall be deemed
a beneficiary of the Contract and no third party shall have
C. The Contractor shall notify the County in writing, the right to make any claim or assert any right under the
which notice(the"Transfer Notice")shall include: Contract.
i.) the proposed effective date of the 19. Certification as to Relationships
Permitted Transfer,which shall not be
less than thirty(30)days nor more than The Contractor certifies under penalties of perjury that,
one hundred eighty(18 0)days after the other than through the funds provided in the Contract and
date of delivery of the Transfer Notice; other valid agreements with the County,there is no known
spouse,life partner,business,commercial,economic,or
ii.) a summary of the material terms of the financial relationship with the County or its elected
proposed Permitted Transfer; officials. The Contractor also certifies that there is no
relationship within the third degree of consanguinity,
iii.) the name and address of the proposed between the Contractor,any of its partners,members,
transferee; directors,or shareholders owning five(5%)percent or
more of the Contractor,and the County.
iv.) such information reasonably required
by the County,which will enable the 20. Publications
County to determine the financial
responsibility,character,and reputation Any book,article,report,or other publication related to the
of the proposed transferee,nature of the Services provided pursuant to this Contract shall contain
proposed assignee/transferee's business the following statement in clear and legible print:
and experience;
"This publication is fully or partially funded
V.) all executed forms required pursuant to by the County of Suffolk."
Article IV of the Contract,that are
required to be submitted by the 21. Copyrights and Patents
Contractor;and
a. Copyrights
vi.) such other information as the County
may reasonably require. Any and all materials generated by or on behalf of the
Contractor while performing the Services(including,
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without limitation,designs,images,video,reports, authorized by agreement,it is not in arrears to the County
analyses,manuals,films,tests,tutorials,and any other upon any debt,contract,or any other lawful obligation,and
work product of any kind)and all intellectual property is not in default to the County as surety.
rights relating thereto("Work Product")are and shall be
the sole property of the County. The Contractor hereby 23. Lawful Hiring of Employees Law in Connection with
assigns to the County its entire right,title and interest,if Contracts for Construction or Future Construction
any,to all Work Product,and agrees to do all acts and
execute all documents,and to use its best efforts to ensure In the event that the Contract is subject to the Lawful
that its employees,consultants,subcontractors,vendors and Hiring of Employees Law of the County of Suffolk,Suffolk
agents do all acts and execute any documents,necessary to County Code Article II of Chapter 353,as more fully set
vest ownership in the County of any and all Work Product. forth in the Article entitled"Suffolk County Legislative
The Contractor may not secure copyright protection. The Requirements, the Contractor shall maintain the
County reserves to itself,and the Contractor hereby gives documentation mandated to be kept by this law on the
to the County,and to any other person designated by the construction site at all times. Employee sign-in sheets and
County,consent to produce,reproduce,publish,translate, register/log books shall be kept on the construction site at
display or otherwise use the Work Product. This paragraph all times and all covered employees,as defined in the law,
shall survive any completion,expiration or termination of shall be required to sign such sign-in sheets/register/log
this Contract. books to indicate their presence on the construction site
during such working hours.
The County shall be deemed to be the author of all the
Work Product. The Contractor acknowledges that all Work 24. Certification Regarding Lobbying
Product shall constitute"work made for hire"under the
U.S.copyright laws. To the extent that any Work Product Together with this Contract and as a condition precedent to
does not constitute a"work made for hire,"the Contractor its execution by the County,the Contractor shall have
hereby assigns to the County all right,title and interest, executed and delivered to the County the Certification
including the right,title and interest to reproduce,edit, Regarding Lobbying(if payment under this Contract may
adapt,modify or otherwise use the Work Product,that the exceed$100,000)as required by Federal regulations,and
Contractor may have or may hereafter acquire in the Work shall promptly advise the County of any material change in
Product,including all intellectual property rights therein,in any of the information reported on such Certification,and
any manner or medium throughout the world in perpetuity shall otherwise comply with,and shall assist the County in
without compensation. This includes,but is not limited to, complying with,said regulations as now in effect or as
the right to reproduce and distribute the Work Product in amended during the term of this Contract.
electronic or optical media,or in CD-ROM,on-line or
similar format. 25. Record Retention
b. Patents The Contractor shall retain all accounts,books,records,
and other documents relevant to the Contract for seven(7)
If the Contractor develops,invents,designs or creates any years after final payment is made by the County. Federal,
idea,concept,code,processes or other work or materials State,and/or County auditors and any persons duly
during the Term,or as a result of any Services performed authorized by the County shall have full access and the
under the Contract("patent eligible subject matter"),it right to examine any of said materials during said period.
shall be the sole property of the County. The Contractor Such access is granted notwithstanding any exemption
hereby assigns to the County its entire right,title and from disclosure that may be claimed for those records
interest,if any,to all patent eligible subject matter,and which are subject to nondisclosure agreements,trade
agrees to do all acts and execute all documents,and to use secrets and commercial information or financial
its best efforts to ensure that its employees,consultants, information that is privileged or confidential Without
subcontractors,vendors and agents do all acts and execute limiting the generality of the foregoing,records directly
any documents,necessary to vest ownership in the County related to contract expenditures shall be kept for a period of
of any and all patent eligible subject matter. The ten(10)years because the statute of limitations for the New
Contractor may not apply for or secure for itself patent York False Claims Act(New York False Claims Act§ 192)
protection. The County reserves to itself,and the is ten(10)years.
Contractor hereby gives to the County,and to any other
person designated by the County,consent to produce or
otherwise use any item so discovered and/or the right to
secure a patent for the discovery or invention. This
paragraph shall survive any completion,expiration or
termination of this Contract. 26., Contract Agency Performance Measures and Reporting
Requirements—Local Law No.41-2013
22. Arrears to County
a. If payment under this Contract may exceed
Contractor warrants that,except as may otherwise be $50,000,it is subject to the requirements of Suffolk County
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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
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Application for County Compensation(Contract)."
Article IV
Suffolk County Legislative Requirements Suffolk County Living Wage Form LW-38;entitled
"Suffolk County Department of Labor—Living Wage Unit
NOTE:THE CONTRACTOR'S COMPLETED LEGISLATIVE Living Wage Certification/Declaration—Subject To
REQUIRED FORMS REFERENCED HEREIN ARE Audit."
AVAILABLE ON FILE AT THE COUNTY ATTORNEY'S
OFFICE AND THE DEPARTMENT NAMED ON THE 3. Use of County Resources to Interfere with Collective
SIGNATURE PAGE OF THIS CONTRACT. Bargaining Activities
It shall be the duty of the Contractor to read,become
1. Contractor's/Vendor's Public Disclosure Statement familiar with,and comply with the requirements of Article I
of Chapter 803 of the Suffolk County Code.
It shall be the duty of the Contractor to read,become
familiar with,and comply with the requirements of section County Contractors(as defined by section 803-2)shall
A5-8 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 A5-8 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 A5-8 and shall file Contractor for any costs incurred to assist,
an update of such statement with the Comptroller on or promote,or deter union organizing.
before the 31 st day of January in each year of the
Contract's duration. The Contractor acknowledges that C. No employer shall use County property to hold a
such filing is a material,contractual and statutory duty and meeting with employees or supervisors if the
that the failure to file such statement shall constitute a purpose of such meeting is to assist,promote,or
material breach of the Contract,for which the County shall deter union organizing.
be entitled,upon a determination that such breach has
occurred,to damages,in addition to all other legal If the Services are performed on County property,the
remedies,of fifteen percent(15%)of the amount of the Contractor must adopt a reasonable access agreement,a
Contract. neutrality agreement,fair communication agreement,non-
intimidation agreement,and a majority authorization card
Required Form: agreement.
Suffolk County Form SCEX 22;entitled
"Contractor'sNendor's Public Disclosure Statement" If the Services are for the provision of human services and
are not to be performed on County property,the Contractor
2. Living Wage Law must adopt,at the least,a neutrality agreement.
It shall be the duty of the Contractor to read,become Under the provisions of Chapter 803,the County shall have
familiar with,and comply with the requirements of Chapter the authority,under appropriate circumstances,to terminate
575,of the Suffolk County Code. the Contract and to seek other remedies as set forth therein,
for violations of this Law.
This Contract is subject to the Living Wage Law of the
County of Suffolk. The law requires that,unless specific Required Form:
exemptions apply,all employers(as defined)under service Suffolk County Labor Law Form DOL-LO 1;entitled
"Suffolk County Department of Labor—Labor Mediation
contracts and recipients of County financial assistance,(as
Unit Union Organizing Certification/Declaration-Subject
defined)shall provide payment of a minimum wage to
to Audit."
employees as set forth in the Living Wage Law. Such rate
shall be adjusted annually pursuant to the terms of the
Suffolk County Living Wage Law of the County of Suffolk. 4. Lawful Hiring of Employees Law
Under the provisions of the Living Wage Law,the County
shall have the authority,under appropriate circumstances, It shall be the duty of the Contractor to read,become
to terminate the Contract and to seek other remedies as set familiar with,and comply with the requirements of Article
forth therein,for violations of this Law. II of Chapter 353 of the Suffolk County Code.
Required Forms: This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk.It provides that all covered
Suffolk County Living Wage Form LW-1;entitled"Suffolk employers,(as defined),and the owners thereof,as the case
County Department of Labor—Living Wage Unit Notice of may be,that are recipients of compensation from the
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County through any grant,loan,subsidy,funding, law,shall be required to sign such sign-in
appropriation,payment,tax incentive,contract, sheets/register/log books to indicate their presence on the
subcontract,license agreement,lease or other financial site during such working hours.
compensation agreement issued by the County or an
awarding agency,where such compensation is one hundred Required Forms:
percent(100%)funded by the County,shall submit a
completed sworn affidavit(under penalty of perjury),the Suffolk County Lawful Hiring of Employees Law Form
form of which is attached,certifying that they have LHE-1;entitled"Suffolk County Department of Labor—
complied,in good faith,with the requirements of Title 8 of Notice Of Application To Certify Compliance With Federal
the United States Code Section 1324a with respect to the Law(8 U.S.C.Section 1324a)With Respect To Lawful
hiring of covered employees(as defined)and with respect Hiring of Employees."
to the alien and nationality status of the owners thereof.
The affidavit shall be executed by an authorized Suffolk County Lawful Hiring of Employees Law Form
representative of the covered employer or owner,as the LHE-2;entitled"Affidavit Of Compliance With The
case may be;shall be part of any executed contract, Requirements Of 8 U.S.C.Section 1324a With Respect To
subcontract,license agreement,lease or other financial Lawful Hiring Of Employees"
compensation agreement with the County;and shall be
made available to the public upon request. 5. Gratuities
All contractors and subcontractors(as defined)of covered It shall be the duty of the Contractor to read,become
employers,and the owners thereof,as the case may be,that familiar with,and comply with the requirements of Chapter
are assigned to perform work in connection with a County 664 of the Suffolk County Code.
contract,subcontract,license agreement,lease or other
financial compensation agreement issued by the County or The Contractor represents and warrants that it has not
awarding agency,where such compensation is one hundred offered or given any gratuity to any official,employee or
percent(100%)funded by the County,shall submit to the agent of the County or the State or of any political party,
covered employer a completed sworn affidavit(under with the purpose or intent of securing an agreement or
penalty of perjury),the form of which is attached, securing favorable treatment with respect to the awarding
certifying that they have complied,in good faith,with the or amending of an agreement or the making of any
requirements of Title 8 of the United States Code Section determinations with respect to the performance of an
1324a with respect to the hiring of covered employees and agreement.
with respect to the alien and nationality status of the
owners thereof,as the case may be. The affidavit shall be 6. Prohibition Against Contracting with Corporations
executed by an authorized representative of the contractor, that Reincorporate Overseas
subcontractor,or owner,as the case may be;shall be part of
any executed contract,subcontract,license agreement,lease It shall be the duty of the Contractor to read,become
or other financial compensation agreement between the familiar with,and comply with the requirements of sections
covered employer and the County;and shall be made A4-13 and A4-14 of Article IV of the Suffolk County
available to the public upon request. Code.
An updated affidavit shall be submitted by each such The Contractor represents that it is in compliance with
employer,owner,contractor and subcontractor no later sections A4-13 and A4-14 of Article IV of the Suffolk
than January 1 of each year for the duration of any contract County Code. Such law provides that no contract for
and upon the renewal or amendment of the Contract,and consulting services or goods and services shall be awarded
whenever a new contractor or subcontractor is hired under by the County to a business previously incorporated within
the terms of the Contract. the U.S.A.that has reincorporated outside the U.S.A.
The Contractor acknowledges that such filings are a 7. Child Sexual Abuse Reporting Policy
material,contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach
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 II of Chapter 880 of the Suffolk County Code.
Law,the County shall have the authority to terminate the The Contractor shall comply with Article II of Chapter 880,
Contract for violations of this Law and to seek other
remedies available under the law. of the Suffolk County Code,entitled"Child Sexual Abuse
Reporting Policy,"as now in effect or amended hereafter or
The documentation mandated to be kept by this law shall at of any other Suffolk County Local Law that may become
all times be kept on site. Employee sign-in sheets and applicable during the term of the Contract with regard to
register/log books shall be kept on site at all times during child sexual abuse reporting policy.
working hours and all covered employees,as defined in the
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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 d u nre section
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 part',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
which the County may withhold payment,terminate the
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Article V County Department of Audit and Control,shall
General Fiscal Terms and Conditions be furnished to the County pursuant to,and as
limited by,the Regulations for Accounting
1. General Payment Terms Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
a. Presentation of Suffolk County Payment addition to any other remedies that the County
Voucher may have,failure to supply the required
documentation will disqualify the Contractor
In order for payment to be made by the County to from any further County contracts.
the Contractor for the Services,the Contractor
shall prepare and present a Suffolk County C. Payment by County
Payment Voucher,which shall be documented by
sufficient,competent and evidential matter. Each Payment by the County shall be made within
thirty(30)days after approval of the Suffolk
Suffolk County Payment Voucher submitted for
County Payment Voucher by the Comptroller.
payment is subject to Audit at any time during
the Term or any extension thereof. This
provision shall survive expiration or termination d. Budget Modification
of this Contract for a period of not less than
seven(7)years,and access to records shall be as i.) The parties shall use the Contract
set forth in paragraph 25 of Article III,and Budget Modification Request form
paragraph 4(b)of Article V. ("Budget Modification )for revisions
to the Budget and Services not
b. Voucher Documentation involving an increase to the total cost
of the Contract.If the Contractor is
The Suffolk County Payment Voucher shall list seeking such a modification,the
all information regarding the Services and other Contractor shall contact the
items for which expenditures have been or will be Department to receive the form and
made in accordance with the Contract. Either enter the required information. When
upon execution of the Contract(for the Services the County and the Contractor agree as
already rendered and expenditures already made), to such revisions,the Contractor shall
or not more than thirty(30)days after the sign the Budget Modification form and
expenditures were made,and in no event after the return it to the County for execution
31'day of January following the end of each year along with any other documentation the
of the Contract,the Contractor shall furnish the Department may require.
County with detailed documentation in support
of the payment for the Services or expenditures ii.) Such request must be made in advance
under the Contract e.g.dates of the Service, of incurring any expenditure for which
the revision is needed.
worksite locations,activities,hours worked,pay
rates and all program Budget categories. The
Suffolk County Payment Voucher shall include iii.) Upon complete execution of the Budget
time records,certified by the Contractor as true Modification form,the County shall
and accurate,of all personnel for whom return a copy to the Contractor. The
expenditures are claimed during the period. revision shall not be effective until the
Time and attendance records of a project director, Budget Modification is completely
if any,shall be certified by the Chairperson, executed.
President or other designated member of the
Board of Directors of the Contractor. All Suffolk iv.) The Budget Modification form maybe
County Payment Vouchers must bear a signature submitted only twice per calendar year
as that term is defined pursuant to New York and may only be submitted prior to
State General Construction Law§46 by duly November 15 of that year.
authorized persons,and certification of such
authorization with certified specimen signatures e. Budget and/or Services Revisions
thereon must be filed with the County by a
Contractor official empowered to sign the i.) The parties shall use the Contract
Contract. Disbursements made by the Contractor FormBudg(Budget
/ Revision Approval
in accordance with the Contract and submitted Form(Budget/Services Revisions)for
for reimbursement must be documented and must revisions to the Budget and Services an
comply with accounting procedures as set forth involving y change to the total cost
by the Suffolk County Department of Audit and of the Contract due to a resolution of
the Legislature,changes to the
Control. Documentation,including any other
form(s)required by County or the Suffolk County's adopted annual budget,or for
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any other reason necessitating revisions conditions under which such
to the Budget or Services. reimbursement shall be paid.
ii.) When the County and the Contractor C. The County may,during the 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
reimbursable to the County by the Term and for a period of seven(7)years after
Contractor and the terms and expiration or termination of the Contract.
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from the County,whether under the Contract or
b. The Contractor shall retain all accounts,books, other agreements with the County,and shall
records,and other documents relevant to the submit a report to the County on the overall
Contract for seven(7)years after final payment is financial condition and operations of the
made by the County. Federal,State,and/or Contractor,including a balance sheet and
County auditors and any persons duly authorized statement of income and expenses,attested by the
by the County shall have full access and the right Auditor as fairly and accurately reflecting the
to examine any of said materials during said accounting records of the Contractor in
period. Such access is granted notwithstanding accordance with generally accepted accounting
any exemption from disclosure that may be principles. The Contractor may solicit requests
claimed for those records which are subject to for proposals from a number of qualified
nondisclosure agreements,trade secrets and accounting firms and review carefully the costs
commercial information or financial information of,and qualifications for,this type of work before
that is privileged or confidential. selecting the Auditor.
C. The Contractor shall utilize the accrual basis of b. The Auditor should be required to meet the
accounting and will submit all financial reports following minimum requirements:
and claims based on this method of accounting i.) a current license issued by
during the Term. the New York State
Education Department;
5. Audit of Financial Statements
ii.) sufficient auditing experience
a. All payments made under the Contract are in the not-for-profit,
subject to audit by the Comptroller pursuant to governmental or profit-
Article V of the Suffolk County Charter. The making areas,as applicable;
Contractor further agrees that the Comptroller and
and the Department shall have access to and the iii.) a satisfactory peer review
right to examine,audit,excerpt,copy or issued within not more than
transcribe any pertinent transactions or other three(3)years prior to the
records relating to services under the Contract. If date when the Auditor was
such an audit discloses overpayments by the selected to conduct the audit.
County to the Contractor,within thirty(30)days
after the issuance of an official audit report by the C. The audit must be conducted in accordance with
Comptroller or his duly designated generally accepted governmental auditing
representatives,the Contractor shall repay the standards. Financial statements must clearly
amount of such overpayment by check to the differentiate between County-funded programs
order of the Suffolk County Treasurer or shall and other programs that the Contractor may be
submit a proposed plan of repayment to the operating. The use of subsidiary schedules
Comptroller. If there is no response,or if should be encouraged for this purpose. The
satisfactory repayments are not made,the County Auditor must also prepare a Management Letter
may recoup overpayments from any amounts due based on the audit.
or becoming due to the Contractor from the
County under the Contract or otherwise. d. In the event the Contractor is a not-for-profit
organization or unit of local government and
b. The provisions of this paragraph shall survive the expends five hundred thousand($500,000.00)
expiration or termination of the Contract for a dollars or more of Federal monies,whether as a
period of seven(7)years,and access to records recipient expending awards received directly
shall be as set forth in paragraph 25 of Article III, from Federal awarding agencies,or as a
and paragraph 4(b)of Article V. subrecipient expending Federal awards received
from a pass-through entity,such as New York
6. Financial Statements and Audit Requirements State or Suffolk County,during any fiscal year
within which it receives funding under the
a. Notwithstanding any other reporting or Contract,the audit must be conducted,and the
certification requirements of Federal,State,or audit report("Single Audit Report")must be,in
local authorities,the Contractor shall obtain the accordance with OMB Circular No.A-133
services of an independent licensed public (revised June 27,2003). Single Audit Reports
accountant or certified public accountant(the must also be submitted to the designated
"Auditor")to audit its financial statements for clearinghouse,cognizant agency and/or pass-
each Contractor's"fiscal year"in which the through entity,to the extent required by the OMB
Contractor has received,or will receive,three Circular referred to above.
hundred thousand($300,000.00)dollars or more
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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
for the Contractor shall not be available
f. Copies of all financial statements,Management to the Contractor for any purpose
Letters,Single Audit Reports and other audit whatsoever. Title to any such items
reports must be transmitted to the County and to purchased or otherwise obtained by the
the Executive Director of Auditing Services at County for the programs encompassed
the address set forth above. The reports must be by the Contract and entrusted to the
submitted within thirty(30)days after completion Contractor,shall remain in the County.
of the audit,but in no event later than nine(9)
months after the end of the Contractor's fiscal iii,) The County shall retain a proprietary
year,to which the audit relates. 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.
iv.) The Contractor shall attach labels
h. The provisions of this paragraph shall survive the indicating the County's proprietary
expiration or termination of the Contract. 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(3 0)
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, d. Inventory Records,Controls and Reports
fixtures or equipment. All items purchased must
be new or like new unless specifically described The Contractor shall maintain proper and
otherwise in the Budget. accurate inventory records and controls for all
such furniture,removable fixtures and equipment
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acquired pursuant to the Contract and all prior connected with such property shall be in
agreements between the parties,if any. Three(3) accordance with the rules and regulations of the
months before the expiration date of the Contract, County and the State of New York.
the Contractor shall make a physical count of all
items of furniture,removable fixtures and S. Lease or Rental Agreements
equipment in its custody,checking each item
against the aforesaid inventory records. A report If lease payments or rental costs are included in the Budget
setting forth the results of such physical count as an item of expense reimbursable by the County,the
shall be prepared by the Contractor on a form or Contractor shall promptly submit to the County,upon
forms designated by the County,certified and request,any lease or rental agreement. If during the Term,
signed by an authorized official of the the Contractor shall enter into a lease or rental agreement,
Contractor,and one(1)copy thereof shall be or shall renew a lease or rental agreement,the Contractor
delivered to the County within five(5)days after shall,prior to the execution thereof,submit such lease or
the date set for the aforesaid physical count. rental agreement,to the County for approval.
Within five(5)days after the termination or
expiration date of the Contract,the Contractor 9. Statement of Other Contracts
shall submit to the County six(6)copies of the
same report updated to such date of the Contract, Prior to the execution of the Contract,the Contractor shall
certified and signed by an authorized official of
the Contractor,based on a physical count of all submit a Statement of Other Contracts to the County. If the
furniture,removable fixtures and Contract is amended during the Term,or if the County
items of furniexercises its option right,the Contractor shall submit a then
equipment ni the aforesaid expiration date,and
current Statement of Other Contracts.
revised,if necessary,to include any inventory
changes during the last three(3)months of the
Term. 10. Miscellaneous Fiscal Terms and Conditions
e. Protection of Property in Contractor's a. Limit of County's Obligations
Custody
The maximum amount to be paid by the County
The Contractor shall maintain vigilance and take is set forth on the first page of the Contract.
all reasonable precautions to protect the furniture,
fixtures,equipment,material or supplies in its b. Duplicate Payment from Other Sources
custody against damage or loss by fire,burglary,
theft,disappearance,vandalism,or misuse.In the Payment by the County for the Services shall not
event of burglary,theft,vandalism,or duplicate payment received by the Contractor
disappearance of any item of furniture,fixtures, from any other source.
equipment,material or supplies,the Contractor
shall immediately notify the police and make a C. Funding Identification
record thereof,including a record of the results of
any investigation which may be made thereon. In The Contractor shall promptly submit to the
the event of loss of or damage to any item of County upon request,a schedule for all programs
furniture,fixtures,equipment,materials,or funded by the County,itemizing for each such
supplies from any cause,the Contractor shall program the sums received,their source and the
immediately send the County a detailed written total program budget.
report thereon.
d. Outside Funding for Non-County Funded
f. Disposition of Property in Contractor's Activities
Custody
Notwithstanding the foregoing provisions of the
Upon termination of the County's funding of any Contract,it is the intent of the County that the
of the Services covered by the Contract,or at any terms and conditions of the Contract shall not
other time that the County may direct,the limit the Contractor from applying for and
Contractor shall make access available and render accepting outside grant awards or from providing
all necessary assistance for physical removal by additional educational activities/services which
the County or its designee of any or all furniture, may result in the Contractor incurring additional
removable fixtures,equipment,materials or costs,as long as the following conditions are met:
supplies in the Contractor's custody in which the
County has a proprietary interest,in the same i.) The County is not the Fund Source for
condition as such property was received by the the additional services;
Contractor,reasonable wear and tear excepted.
Any disposition,settlements or adjustments
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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
t,
additional costs incurred by the reduced by any such amounts. In such an even
if there should be a balance due to the County
Contractor in furnishing such after it has made a final payment to the
additional services. 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. Payment Voucher.
g. Denial of Aid
k. Travel,Conference,and Meeting Attendance:
If a State or Federal government agency is SOP A-07 Amendment 1
funding the Contract and fails to approve aid in
reimbursement to the County for payments made Reimbursement to the Contractor for travel costs
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ARTICLE V
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shall not exceed amounts allowed to County
employees.All conferences that are partially or
End of Text for Article V
fully funded by the County that the Contractor's
staff wishes to attend must be pre-approved,in
writing,by the County and must be in
compliance with Suffolk County Standard
Operating Procedure A-07 which may be viewed
online at the County's website,
SuffolkCountyny.gov;go to"Government,"then
"Comptroller,"then"Consultant's Agreements."
1. Salaries
The Contractor shall not be eligible to receive
any salary reimbursement until proof of deposit
or payment of all withholding and payroll taxes
to the Federal/State governments has been
provided to the County.
M. Salary Increases
No salary,wage,or other compensation for the
Services shall be increased over the amount
stated in the Budget without the prior written
approval of the County.
n. Contractor Vacancies
The County shall have the right of prior approval
of the Contractor's filling of any vacant position
as of the date of execution of the Contract or as
may thereafter become vacant,and,in the
exercise of that right.The County may
promulgate reasonable regulations involving
filling of vacancies which shall be deemed to be
incorporated by reference in,and be made part
of,the Contract,provided,however,that subject
to the availability of funding,approval for the
hiring of replacement clerical shall be a
Contractor determination.
o. No Limitation On Rights
Notwithstanding anything in this Article V to the
contrary,the County shall have available to it all
rights and remedies under the Contract and at law
and equity.
P. Comptroller's Rules and Regulations
The Contractor shall comply with the
"Comptroller's Rules and Regulations for
Consultant's Agreements"as promulgated by the
Department of Audit and Control of Suffolk
County and any amendments thereto during the
Term of the Contract. The"Comptroller's Rules
and Regulations for Consultant's Agreements"
and"SOP A-07 Amendment 1"may be viewed
online at the County's website,
SuffolkCountyny.gov,go to"Government,"then
"Comptroller,"then"Consultant's Agreements."
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Article VI
Budget
(see attached)
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ARTICLE VI
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OCFS-3107(Rev.0312002)FRONT
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
PROGRAM BUDGET
AGENCY/MuNiCO?ALITY:Town of Southold FUND TYPE
PROGRAMTITLE: Southold Youth Services YDDP
PERSONAL SERVICES:
POSITION TIME RATE OF BASIS TOTAL OCFS PROGRAM AMOUNT(1 TOTAL OCFS FUNDS REQUESTED
PAY (H,W,BWSM) FORTHISPROGRAM
a
'�?.• a y
.Y
TOTAL SALARIES AND WAGES$0.00
TOTAL FRINGE BENEFITS
TOTAL PERSONAL SERVICES
CONTRACTED SERVICES AND STIPENDS
TYPE OF SERVICE OR CINSULTANT RATE OF BASIS TOTAL OCFS PROGRAM AMOUNT(1)
PAY (HWBWSM) ?
Family Service League $800.00 M $8,157.00
TOTAL CONTRACTED SERVICES 1$8,157.00 $
TOTAL MAINTENANCE&OPERATION $
FACILITY REPAIRS
PROGRAM SITE ADDRESS
.ogdgmm
TOTAL FACILITY REPAIRS(4) $
TOTAL OCFS PROGRAM AMOUNT$8,157.00
TOTAL OCFS FUNDS REQUESTED
LIST OF OTHER FUNDING SOURCES REIMBURSABLE TOTAL
MUNICIPAL FUNDING
OTHERSOURCES