HomeMy WebLinkAboutCounty of Suffolk - Operation Shield t -
9,0„a„ RESOLUTION 2016-348
ADOPTED DOC ID: 11783
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-348 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 5,2016:
RESOLVED that the Town Board of the Town of Southoldthereby authorizes and
directs Supervisor Scott A. Russell to execute the Sub-Recipient Agreement
between the Town of Southold and the County of Suffolk, acting through its duly
constituted Sheriff's Office, in connection with the NYS Office of Homeland
Security and Emergency services UASI FY 2015 Grant Program regarding a
portion of such funds from the County for Operation Shield Maritime Law
Enforcement Services, for the term commencing on May 1, 2016 and ending on
December 31, 2017, at a cost not to exceed $7,238.00, subject to the approval of
the Town Attorney
OVez0e.a.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Rev. 2-24-2016 Law No. 17-SH-007
Consultant/Personal Services
Subrecipient Agreement
This Contract("the Agreement")is between the County of Suffolk("the County"), a municipal
corporation of the State of New York, acting through its duly constituted S.C. Sheriff's Office("the Office"),
located at 100 Center Drive,Riverhead,New York 11901; and
The Town of Southold (the"Contractor" or"Subrecipient"),having an address at
59035 Main Road,P 0 Box 1179, Southold,NY 11971.
The County is the recipient of funds pursuant to the UASI FY2015 Grant Program and the Town of Southold
has been designated a subrecipient of a portion of such funds from the County for Operation Shield Maritime
Law Enforcement Services ("the Services") as set forth in Article I, entitled"Description of Services."
Term of the Agreement: May 1, 2016 to December 31, 2017
Total Cost of the Agreement: Shall not exceed$7,238.00, as set forth in Article II, attached.
Terms and Conditions: Shall be as set forth in Articles I and II and Exhibits 1 and 2, attached hereto and made
a part hereof.
In Witness Whereof,the parties hereto have executed the Agreement as of the latest date written below.
Town of Sout J-er COUN OF SUFFOLK
By:_ u 'C3A
Scott Russell By.
Supervisor Dennis . Cohen
Fed. Tax ID# 11 600 1939 Chief Deputy County Executive
Date: 7////c0 II° r
.S .4 f-,T (aSSe-eC hereby certifies under penaltiesg
of perjury that I am an officer of 4.4 TD-' 'I cSe "'!a
that I have read and am familiar with Section A5-7 of Article p Approved:
of the Suffolk County Code,and that--14-TO 1 &00 1G Suffolk C n Sheriff's Office
meets all requirements to qualify for exemption thereunder
By: /
BY Vincent F.DeMarco
Date: /Pa Sheriff )�
Date: bL I3 'lie
Approved as I '16 m:
Dennis M. t w.
.1)
my A '1 ney 4
� '
-ALL
ame Dasizr9e1 ir$ractdthCiil
Q
Assistant County Attorne ` -
Date: f p I 0 — ------- --
I
JIIM IIIII fill III I EMI IIIII IM II II
Page 1 of 8 0039785
_
Rev. 2-24-2016 Law No. 17-SH-007
Consultant/Personal Services
List of Articles & Exhibits
Article I
Description of Services
Article H
Financial Terms and Conditions
1. Conflicting Provisions
2. General Payment Terms
3. Agreement Subject to Appropriation of Funds
- 4. Accounting Procedures
5. Audit
6. Comptroller's Rules and Regulations for Consultant's Agreements
7. Specific Payment Terms and Conditions
Exhibit 1
County Terms and Conditions •
1. Elements of Interpretation
2. Meanings of Terms
3. Contractor Responsibilities
4. Qualifications, Licenses, and Professional Standards
5. Notifications
6. Documentation of Professional Standards
7. Credentialing
8. Engineering Certificate
9. Termination
10. Indemnification and Defense
11. Insurance
12. Independent Contractor
13. Severability
14. Merger;No Oral Changes
15. Set-Off Rights
16.Non-Discrimination in Services
17.Nonsectarian Declaration
18. Governing Law
19.No Waiver
20. Conflicts of Interest
21. Cooperation on Claims
22. Confidentiality
23. Assignment and Subcontracting
24. Changes to Contractor
25.No Intended Third Party Beneficiaries
26. Certification as to Relationships
27. Publications
28. Copyrights and Patents
29. Arrears to County
Page 2 of 8
Rev. 2-24-2016 Law No. 17-SH-007
Consultant/Personal Services
30. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction
31. Record Retention
32. Certification Regarding Lobbying
33.Notice
Exhibit 2
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. Suffolk County Local Laws Website Address
Page 3 of 8
Rev. 2-24-2016 Law No. 17-SH-007
Consultant/Personal Services
Article I
Description of Services
Whereas,the County has applied for and received commitments for federal pass-through grants funds from the
New York State Office of Homeland Security for an"Operation Shield"; and
Whereas,the County has accepted and appropriated said funds via Resolution No.862-15; and
Whereas,the Subrecipient will provide personnel to assist the County in the"Operation Shield" exercises as set
forth herein;
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 Agreement, such other provision shall prevail unless it is expressly stated that this Article I shall
prevail.
2. General Description of Services. The Subrecipient will assist the County in carrying out New York
State funded"Operation Shield" exercises by providing Law Enforcement personnel for Maritime"
Counter-Terrorism Missions. The Subrecipient shall administer the program and perform the activities
detailed in the Scope of Work in a manner satisfactory to the County and otherwise in accordance with
this Agreement and the Grant Agreement. The Scope of the Work is set forth in Schedule 1, annexed
hereto.
3. Compliance with Grant Terms.The Subrecipient agrees to comply with the terms and conditions set
•forth by the Sheriff:s Office.
4. Effective Date. This agreement shall become effective and the parties shall become bound by all
provisions applicable to them pursuant to this Agreement on the date on which the conditions set forth
below have been fully satisfied or waived by the parties May 1, 2016 to December 31, 2017.
(i) This Agreement has been fully executed
(ii) The Grant Agreement has been fully executed and delivered and shall have become effective.
5. Term. This Agreement shall commence upon the 1St of May 2016 and remain in full force and effect
until December 31, 2017 unless earlier terminated in accordance with the provisions of Exhibit 1 Section
9: provided,that certain provision of this Agreement shall survive the end of the Term or early
termination hereof, in accordance with the terms of this Agreement.
End of Text for Article I
Page 4 of 8
Rev. 2-24-2016 Law No. 17-SH-007
Consultant/Personal Services
Article II
Financial Terms and Conditions
1. Conflicting Provisions
In the event of any conflict between any provision in this Article II and an exhibit to this Agreement,the
exhibit shall prevail unless it is expressly stated in the conflicting provision in this Article II,that it shall
prevail over the exhibit.
2. General Payment Terms
a. Presentation of Suffolk County Payment Voucher
In order for payment to be made by the County to the Subrecipient for the Services,the
Subrecipient shall prepare and present a Suffolk County Payment Voucher(Voucher),which
shall be documented by sufficient, competent and evidential matter. Each Suffolk County
Payment Voucher submitted for payment is subject to Audit at any time during the Term or any
extension thereof. This provision shall survive expiration or termination of this Agreement for a
period of not less than seven(7)years, and access to records shall be as set forth in paragraph 31
of Exhibit 1, and paragraph 4(b) of Article II.
b. Voucher Documentation
The Suffolk County Payment Voucher shall list all information regarding the Services and other
items for which expenditures have been or will be made in accordance with the Agreement.
Either upon execution of the Agreement(for the Services already rendered and expenditures
already made), or not more than thirty(30) days after the expenditures were made, and in no
event after the 31St day of January following the end of each year of the Agreement,the
Subrecipient shall furnish the County with detailed documentation in support of the payment for
the Services or expenditures under the Agreement, e.g., dates of the Service, worksite locations,
activities,hours worked,pay rates for all Services. The Suffolk County Payment Voucher shall
include time records, certified by the Subrecipient as true and accurate, of all personnel for whom
expenditures are claimed during the period. All Suffolk County Payment Vouchers must bear a
signature as that term is defined pursuant to New York State General Construction Law §46 by
duly authorized persons. Disbursements made by the Subrecipient in accordance with the
Agreement and submitted for reimbursement must be documented and must comply with
accounting procedures as set forth by the Suffolk County Department of Audit and Control.
c. Payment by County. Payment by the County shall be made within thirty(30) days after
approval of the Voucher by the Comptroller.
d. Final Voucher. The acceptance by the Subrecipient of payment of all billings made on an
approved voucher shall operate as and shall be a release of the County from all claims by the
Subrecipient through the date of the Voucher.
Page 5 of 8
Rev.2-24-2016 Law No. 17-SH-007
Consultant/Personal Services
3. Subject to Appropriation of Funds
a. The Agreement is subject to the amount of funds appropriated each fiscal year and any
subsequent modifications thereof by the County Legislature and no liability shall be incurred by
the County beyond the amount of funds appropriated each fiscal year by the County Legislature
for the Services.
b. If the County fails to receive Federal or State funds originally intended to pay for the Services, or
to reimburse the County, in whole or in part, for payments made for the Services,the County
shall have the sole and exclusive right to:
i.) determine how to pay for the Services;
ii.) determine future payments to the Subrecipient; and
iii.) determine what amounts, if any, are reimbursable to the County by the Subrecipient and
the terms and conditions under which such reimbursement shall be paid.
4. Accounting Procedures
a. The Subrecipient shall maintain accounts,books, records, documents, other evidence, and
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of the Agreement, in accordance with generally
accepted accounting principles and with rules,regulations and financial directives, as may be
promulgated by the Suffolk County Department of Audit and Control and the Office. The
Subrecipient shall permit inspection and audit of such accounts,books,records, documents and
other evidence by the Office and the Suffolk County Comptroller, or their representatives, as
often as, in their judgment, such inspection is deemed necessary. Such right of inspection and
audit as set forth in subparagraph(b)below shall exist during the Term and for a period of seven
(7)years after expiration or termination of the Agreement.
b. The Suprecipient shall retain all accounts,books,records, and other documents relevant to the
Agreement for seven(7)years after final payment is made by the County. Federal, State, and/or
County auditors and any persons duly authorized by the County shall have full access and the
right to examine any of said materials during said period. Such access is granted notwithstanding
any exemption from disclosure that may be claimed for those records which are subject to
nondisclosure agreements,trade secrets and commercial information or financial information that
is privileged or confidential.
5. Audit
a. All payments made under the Agreement are subject to audit by the Comptroller pursuant to
Article V of the Suffolk County Charter. The Subrecipient further agrees that the Comptroller
and the Office shall have access to and the right to examine, audit, excerpt, copy or transcribe
any pertinent transactions or other records relating to Services under the Agreement. If such an
Page 6 of 8
Rev.2-24-2016 Law No. 17-SH-007
Consultant/Personal Services
audit discloses overpayments by the County to the Subrecipient, within thirty(30) days after the
issuance of an official audit report by the Comptroller or his duly designated representatives,the
Subrecipient shall repay the amount of such overpayment by check to the order of the Suffolk
County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no
response, or if satisfactory repayments are not made,the County may recoup overpayments from
any amounts due or becoming due to the Subrecipient from the County under the Agreement or
any other Fund Source.
b. The provisions of this paragraph shall survive the expiration or termination of the Agreement for
a period of seven(7)years, and access to records shall be as set forth in paragraph 31 of Exhibit
1, and paragraph 4(b) of Article II.
6. Comptroller's Rules and Regulations for Consultant's Agreements
The Subrecipinet 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 Agreement. The"Comptroller's Rules and Regulations for
Consultant's Agreements"may be viewed online at the County's website, SuffolkCountyny.gov; go to
"Government,"then"Comptroller,"then"Consultant's Agreements."
7. Specific Payment Terms and Conditions
a. Payments Contingent upon State/Federal Funding
Payment under the Agreement may be subject to and contingent upon continued funding by State
and/or Federal agencies. In such event, no payment shall be made until the Subrecipient submits
documentation in the manner and form as shall be required by State and/or Federal agency. If
late submission of claims precludes the County from claiming State or Federal reimbursement,
such late claims shall not be honored. If, for any reason,the full amount of such funding is not
made available to the county,the Agreement may be terminated in whole or in part, or the
amount payable to the Subrecipient may be reduced at the discretion of the County,provided that
any such termination or reduction shall not apply to allowable costs incurred by the Subrecipient
prior to such termination or reduction, and provided that money has been appropriated for
payment of such costs.
b. Denial of Aid
If a State or Federal government agency is funding the Agreement and fails to approve aid in
reimbursement to the County for payments made hereunder by the County to the Subrecipient for
expenditures made during the term because of any act, omission or negligence on the part of the
Subrecipient,then the County may deduct and withhold from any payment due to the
Subrecipient an amount equal to the reimbursement denied by the state or federal government
agency, and the County's obligation to the Subrecipient shall be reduced by any such amounts.
In such an event, if there should be a balance due to the County after it has made a final payment
to the Subrecipient under the contract, on demand by the County,the Subrecipient shall
Page 7 of 8
Rev. 2-24-2016 Law No. 17-SH-007
Consultant/Personal Services
reimburse the County for the amount of the balance due the County,payable to the Suffolk
County Treasurer. The provisions of this subparagraph shall survive the expiration or
termination of the Agreement.
c. Budget
The Subrecipient expressly represents and agrees that the budget below,to the extent applicable,
lists all personnel and/or all other costs of the Services.
RANK SALARY TOTAL
Sr. Harbormaster/Harbormaster As per current Contract $7,238
d. Salaries
The Subrecipient 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
provide to the County.
e. No salary,wage or other compensation for the Services shall be increased over the amount stated
in the Budget with the prior written approval of the County.
f. The aggregate total amount of all funds to be disbursed under this Agreement to the Subrecipient
by the County shall not exceed the amount of$7,238. No funds may be disbursed in excess of
this amount for additional Services unless this Agreement is amended. The County reserves the
right to reduce the Program Funds if the actual costs are less than those set forth in the herein.
g. Subrecipient shall use all Program Funds disbursed hereunder solely for eligible costs incurred
and paid by Subrecipient in connection with the Program, for purposes described in the Scope of
Work.
h. Close-outs. Subrecipients shall assist the County and its representatives with the satisfaction of
all requirements to be satisfied by each Party in order to close-out this Agreement and the funds
provided herein in accordance with applicable requirements of law, including by promptly
delivering any program documents requested by the County and executing such agreement and ,
other instruments as reasonably requested by the County.
End of Text for Article II
Page 8of8
Schedule 1
=escription of Services
Marine Patrol units throughout Suffolk County, in conjunctio': with the I .Y.S.Division of
; omeland Security and Emergency Services Office of Counter Terrorism,United States
Coast Guard and Customs a:r:d Border Protection, conduct Operation S.H.I.E.LD. (Suffolk
omela rd Security Interdiction and Education for Long Island IFefense). Members of the
marine patrols,some with border protection officers embedded with them, check over 280
marinas, in 49 bodies of water, and nearly 1,000 miles of shoreline,which surround the 10
townships and 20 villages having navigable waters in Suffolk County. Operation
S.H.I.E.L.D.,which began in 2009,is conducted on various weekeids throughout the year.
To date, OP SHIELD officers have checked over 3,163 vessels,locating and checking 423
foreign flagged vessels,73 federal customs a d 963 other law violations have been cited,29
hazmat sources have been located and mitigated and 15 individuals have been arrested, 8
for illegally possessed weapons aboard vessels, 4 for Boating While intoxicated,2 for
SCUBA diving in a Government restricted area and 1 for drug possession. Informational
handouts and posters distributed dun i g the operation to the public will assist law
enforce IL ent agencies with gathering information from the public in the future, and the
public is reminded, "IF YOU SEE SOMETHING, SAY SOMETHING".
Consultant/Personal Services
Exhibit 1 Rev.11-24-15
Exhibit 1 agent for service of process;or
County Terms and Conditions
d. The Contractor's failure to comply with any
1. Elements of Interpretation Federal,State or local law,rule,or regulation,and County
policies or directives;or
As used throughout the Contract: e. The Contractor's bankruptcy or insolvency;or
a. Words of the masculine gender shall mean and f. The Contractor's failure to cooperate in an Audit;
include correlative words of the feminine and neuter
genders and words importing the singular number shall or
mean and include the plural number and vice versa. Words
importing persons shall include firms,associations, g. The Contractor's falsification of records or
partnerships(including limited partnerships),trusts, reports,misuse of funds,or malfeasance or nonfeasance in
financial record keeping arising out of,or in connection
corporations and other legal entities,including public
bodies,as well as natural persons,and shall include with,any contract with the County;or
successors and assigns.
h. The Contractor's failure to submit,or failure to
b. Capitalized terms used,but not otherwise defined timely submit,documentation to obtain Federal or State
herein,shall have the meanings assigned to them in the funds;or
Contract.
i. The inability of the County or the Contractor to
obtain Federal or State funds due to any act or omission of
2. Meanings of Terms the Contractor;or
As used in the Contract: j. Any condition the County determines,in its sole
discretion,that is dangerous.
"Comptroller"means the Comptroller of the County of Suffolk.
"Federal"means the United States government,its departments and
"Contract"means all terms and conditions herein forming all rights agencies.
and obligations of the Contractor and the County.
"Fund Source"means any direct or indirect sum payable to the
"Contractor"means the signatory person,partnership,corporation, Contractor by the County pursuant to any lawful obligation.
association or other entity,its officers,officials,employees,agents,
servants,sub-contractors and any successor or assign of any one or "Legislature"means the Legislature of the County of Suffolk.
more of the foregoing performing the Services.
"Services"means all that which the Contractor must do,and any part
"County"means the County of Suffolk,its departments,and thereof arising out of,or in connection with,the Contract as
agencies. described in Article I"Description of Services."
"County Attorney"means the County Attorney of the County of "State"means the State of New York.
Suffolk.
"Suffolk County Payment Voucher"means the document
"Department"means the signatory department approving the authorized and required by the Comptroller for release of payment.
Contract.
"Term"means the time period set forth on page one of the Contract
"Engineering Services"means the definition of the practice of and,if exercised by the County,the option period.
engineering and the definition of practice of land surveying,as the
case may be,under Section 7201 and Section 7203 of the State
Education Law,respectively. 3. Contractor Responsibilities
"Event of Default"means a. It shall be the duty of the Contractor to discharge,
or cause to be discharged,all of its responsibilities,and to
a. the Contractor
administer funds received in the interest of the County in
Contractor's failure to perform any duty
required of it under paragraphs 4 through 7 of this Exhibit accordance with the provisions of the Contract.
1 of the Contract;or
b. The Contractor shall promptly take all action as
b. the Contractor's failure to maintain the amount may be necessary to render the Services.
and types of insurance with an authorized insurer as
required by the Contract;or c. The Contractor shall not take any action that is
inconsistent with the provisions of the Contract.
c. the Contractor's failure to maintain insurance
required by the Contract with an insurer that has designated d. Services provided under this Contract shall be
the New York Superintendent of Insurance as its lawful open to all residents of the County.
1 of 7 pages
Exhibit 1
Consultant/Personal Services
Exhibit 1 Rev.11.24.15
Contractor to contact the Department,or division thereof,
as the case may be,in writing,no later than three(3)days
4. Qualifications,Licenses,and Professional Standards after such restriction,suspension,or revocation.
a. The Contractor represents and warrants that it b. The Contractor shall forward to the Department,
has,and shall continuously possess,during the Term,the or division thereof,as the case may be,on or before July 1
required licensing,education,knowledge,experience,and of each year during the Term,a complete list of the names
character necessary to qualify it to render the Services. and addresses of all persons providing the Services,as well
as their respective areas of certification,credentialing,
b. The Contractor shall continuously have during registration,and licensing.
the Term all required authorizations,certificates,
certifications,registrations,licenses,permits,and other S. Engineering Certificate
approvals required by Federal,State,County,or local
authorities necessary to qualify it to render the Services. In the event that the Contract requires any Engineering
Services,the Contractor shall submit to the County,no
5. Notifications later than the due date for submission for approval of any
engineering work product,the Certificate of Authorization
a. The Contractor shall immediately notify the ("Certificate"),issued pursuant to§7210 of the New York
County,in writing,of any disciplinary proceedings, Education Law,of every person performing any
commenced or pending,with any authority relating to a Engineering Services. The failure to file,submit or
license held by any person necessary to qualify him or the maintain the Certificate shall be grounds for rejection of
Contractor to perform the Services. any engineering work product submitted for approval.
b. In the event that a person is no longer licensed to 9. Termination
perform the Services,the Contractor must immediately
notify the County,but in no event shall such notification be a. Thirty Days Termination
later than five(5)days after a license holder has lost the
license required to qualify the license holder or the The County shall have the right to terminate the
Contractor to perform the Services. Contract without cause,for any reason,at any time,upon
such terms and conditions it deems appropriate,provided,
c. In the event that the Contractor is not able to however,that no such termination shall be effective unless
perform the Services due to a loss of license,the Contractor the Contractor is given at least thirty(30)days notice.
shall not be reimbursed for the Services rendered after the
effective date of termination of such license. Without b. Event of Default;Termination on Notice
limiting the generality of the foregoing,if any part of the
Contract remains to be performed,and the termination of i.) The County may immediately terminate
the license does not affect the Contractor's ability to render the Contract,for cause,upon such terms and
the Services,every other term and provision of the Contract conditions it deems appropriate,in the Event of
shall be valid and enforceable to the fullest extent permitted Default.
by law.
ii.) If the Contractor defaults under any
6. Documentation of Professional Standards other provision of the Contract,the County may
terminate the Contract,on not less than five(5)
The Contractor shall maintain on file,in one location in days notice,upon such terms and conditions it
Suffolk County,all records that demonstrate that it has deems appropriate.
complied with paragraphs 4 and 5 above. The address of
the location of the aforesaid records and documents shall c. Termination Notice
be provided to the County no later than the date of
execution of the Contract. Such documentation shall be Any notice providing for termination shall be
kept,maintained,and available for inspection by the delivered as provided for in paragraph 33 of this
County upon twenty-four(24)hours notice. Exhibit 1.
7. Credentialing d. Duties upon Termination
a. In the event that the Department,or any division i.) The Contractor shall discontinue the
thereof,maintains a credentialing process to qualify the Services as directed in the termination notice.
Contractor to render the Services,the Contractor shall
complete the required credentialing process. In the event ii.) Subject to any defenses available to it,
that any State credential,registration,certification,or the County shall pay the Contractor for the
license,Drug Enforcement Agency registration,or Services rendered through the date of
Medicare or Medicaid certification is restricted,suspended, termination.
or temporarily or permanently revoked,it is the duty of the
2 of 7 pages
Exhibit 1
Consultant/Personal Services
Exhibit 1 Rev.11.24.15
iii.) The County shall be released from any i.) Commercial General Liability
• and all liability under the Contract,effective as of insurance,including contractual liability
the date of the termination notice. coverage,in an amount not less than Two Million
Dollars($2,000,000.00)per occurrence for
iv.) Upon termination,the Contractor shall bodily injury and Two Million Dollars
reimburse the County the balance of any funds ($2,000,000.00)per occurrence for property
advanced to the Contractor by the County no damage. The County shall be named an
later than thirty(30)days after termination of the additional insured.
Contract. The provisions of this subparagraph
shall survive the expiration or termination of the ii.) Automobile Liability insurance(if any
Contract. non-owned or owned vehicles are used by the
Contractor in the performance of the Contract)in
v.) Nothing contained in this paragraph an amount not less than Five Hundred Thousand
shall be construed as a limitation on the County's Dollars($500,000.00)per person,per accident,
rights set forth in paragraphs 5(c)and 15 of this for bodily injury and not less than One Hundred
Exhibit 1. Thousand Dollars($100,000.00)for property
damage per occurrence.The County shall be
10. Indemnification and Defense named an additional insured.
a. The Contractor shall protect,indemnify,and hold iii.) Workers'Compensation and
harmless the County,its agents,servants,officials,and Employer's Liability insurance in compliance
employees from and against all liabilities,fines,penalties, with all applicable New York State laws and
actions,damages,claims,demands,judgments,losses,suits regulations and Disability Benefits insurance,if
or actions,costs,and expenses caused by the negligence or required by law. The Contractor shall furnish to
any acts or omissions of the Contractor,including the County,prior to its execution of the Contract,
reimbursement of the cost of reasonable attorneys'fees the documentation required by the State of New
incurred by the County,its agents,servants,officials,and York Workers'Compensation Board of coverage
employees in any action or proceeding arising out of or in or exemption from coverage pursuant to§§57
connection with the Contract. and 220 of the Workers'Compensation Law. In
accordance with General Municipal Law§108,
b. The Contractor hereby represents and warrants the Contract shall be void and of no effect unless
that it will not infringe upon any copyright in performing the Contractor shall provide and maintain
the Services. The Contractor agrees that it shall protect, coverage during the Term for the benefit of such
indemnify,and hold harmless the County,its agents, employees as are required to be covered by the
servants,officials,and employees from and against all provisions of the Workers'Compensation Law.
liabilities,fines,penalties,actions,damages,claims,
demands,judgments,losses,suits or actions,costs,and iv.) Professional Liability insurance in an
expenses arising out of any claim asserted for infringement amount not less than Two Million Dollars
of copyright,including reimbursement of the cost of ($2,000,000.00)on either a per-occurrence or
reasonable attorneys'fees incurred by the County,its claims-made coverage basis.
agents,servants,officials,and employees in any action or
proceeding arising out of or in connection with any claim b. The County may mandate an increase in the
asserted for infringement of copyright. liability limits set forth in the immediately preceding
paragraphs(11)(a)(i),(ii),and(iv).
c. The Contractor shall defend the County,its
agents,servants,officials,and employees in any proceeding c. All policies providing such coverage shall be
or action,including appeals,arising out of,or in issued by insurance companies authorized to do business in
connection with,the Contract,and any copyright New York with an A.M.Best rating of A-or better.
infringement proceeding or action. Alternatively,at the
County's option,the County may defend any such d. The Contractor shall furnish to the County,prior
proceeding or action and require the Contractor to pay to the execution of the Contract,declaration pages for each
reasonable attorneys'fees or salary costs of County policy of insurance and certificates,other than a policy for
employees of the Department of Law for the defense of any commercial general liability insurance,and upon demand,a
such suit. true and certified original copy of each such policy
evidencing compliance with the aforesaid insurance
11. Insurance requirements.
e. In the case of commercial general liability
a. The Contractor shall continuously maintain,
insurance,and business use automobile insurance,the
during the Term of the Contract,insurance in amounts and
types as follows: Contractor shall furnish to the County,prior to the
execution of the Contract,a declaration page or insuring
3 of 7 pages
Exhibit 1
Consultant/Personal Services
Exhibit 1 Rev.11.24.15
agreement and endorsement page evidencing the County's
status as an additional insured on said policy,and upon 16. Non-Discrimination in Services
demand,a true and certified original copy of such policy
evidencing compliance with the aforesaid insurance a. The Contractor shall not,on the grounds of race,
requirements. creed,color,national origin,sex,age,disability,sexual
orientation,military status,or marital status:
f. All evidence of insurance shall provide for the
County to be notified in writing thirty(30)days prior to i.) deny any individual the Services
any cancellation,nonrenewal,or material change in the provided pursuant to the Contract;or
policy to which such evidence relates. It shall be the duty ii.) provide the Services to an individual
of the Contractor to notify the County immediately of any that is different,or provided in a different
cancellation,nonrenewal,or material change in any manner,from those provided to others pursuant
insurance policy. to the Contract;or
g. In the event the Contractor shall fail to provide iii.) subject an individual to segregation or
evidence of insurance,,the County may provide the separate treatment in any matter related to the
insurance required in such manner as the County deems individual's receipt of the Services provided
appropriate and deduct the cost thereof from a Fund pursuant to the Contract;or
Source.
iv.) restrict an individual in any way from
12. Independent Contractor any advantage or privilege enjoyed by others
receiving the Services provided pursuant to the
The Contractor is not,and shall never be,considered an Contract;or
employee of the County for any purpose. Notwithstanding v.) treat an individual differently from
anything herein,the Contract shall not be construed as others in determining whether or not the
creating a principal-agent relationship between the County individual satisfies any eligibility or other
and the Contractor or the Contractor and the County,as the requirements or conditions which individuals
case may be. must meet in order to receive the Services
provided pursuant to the Contract.
13. Severability b. The Contractor shall not utilize criteria or
methods of administration which have the effect of
It is expressly agreed that if any term or provision of the subjecting individuals to discrimination because of their
Contract,or the application thereof to any person or race,creed,color,national origin,sex,age,disability,
circumstance,shall be held invalid or unenforceable to any sexual orientation,military status,or marital status,or have
extent,the remainder of the Contract,or the application of the effect of substantially impairing the Contract with
such term or provision to persons or circumstances other respect to individuals of a particular race,creed,color,
than those as to which it is held invalid or unenforceable, national origin,sex,age,disability,sexual orientation,
shall not be affected thereby,and every other term and military status,or marital status,in determining:
provision of the Contract shall be valid and shall be
enforced to the fullest extent permitted by law. i.) the Services to be provided,or
ii.) the class of individuals to whom,or the
14. Merger;No Oral Changes situations in which,the Services will be
provided;or
It is expressly agreed that the Contract represents the entire
agreement of the parties and that all previous iii.) the class of individuals to be afforded
understandings are herein merged in the Contract. No an opportunity to receive the Services.
modification of the Contract shall be valid unless in written
form and executed by both parties. 17. Nonsectarian Declaration
15. Set-Off Rights The Services performed under the Contract are secular in
nature. No funds received pursuant to the Contract shall be
The County shall have all of its common law,equitable, used for sectarian purposes or to further the advancement
and statutory rights of set-off.These rights shall include, of any religion. The Services will be available to all
but not be limited to,the County's option to withhold from eligible individuals regardless of religious belief or
a Fund Source an amount no greater than any moneys due affiliation. .
and owing to the County for any reason. The County shall
exercise its set-off rights subject to approval by the County
18. Governing Law
Attorney. In cases of set-off pursuant to a Comptroller's
audit,the County shall only exercise such right after the The Contract shall be governed by and construed in
finalization thereof,and only after consultation with the accordance with the laws of the State of New York,without
County Attorney.
4 of 7 pages
Exhibit 1
Consultant/Personal Services
Exhibit 1 Rev.11.24.15
regard to conflict of laws. Venue shall be designated in the b. Such Assignment shall be subject to all of the
Supreme Court,Suffolk County,the United States District provisions of the Contract and to any other condition the
Court for the Eastern District of New York,or,if County requires. No approval of any Assignment shall be
appropriate,a court of inferior jurisdiction in Suffolk construed as enlarging any obligation of the County under
County. the terms and provisions of the Contract. No Assignment
of the Contract or assumption by any person of any duty of
19. No Waiver the Contractor under the Contract shall provide for,or
otherwise be construed as,releasing the Contractor from
It shall not be construed that any failure or forbearance of any term or provision of the Contract.
the County to enforce any provision of the Contract in any
particular instance or instances is a waiver of that 24. Changes to Contractor
provision. Such provision shall otherwise remain in full
force and effect,notwithstanding any such failure or a. The Contractor may,from time to time,with the
forbearance. County's consent,enter into a Permitted Transfer. For
purposes of the Contract,a Permitted Transfer means:
20. Conflicts of Interest i.) if the Contractor is a partnership,the
withdrawal or change,voluntary,involuntary or
The Contractor shall not,during the Term,pursue a course by operation of law,of the partners,or transfer of
of conduct which would cause a reasonable person to partnership interests(other than the purchase of
believe that he or she is likely to be engaged in acts that partnership interests by existing partners,by the
create a substantial conflict between its obligations under partnership itself or the immediate family
the Contract and its private interests. The Contractor is members by reason of gift,sale or devise),or the
charged with the duty to disclose to the County the dissolution of the partnership without immediate
existence of any such adverse interests,whether existing or reconstitution thereof,and
potential. This duty shall continue as long as the Term.
The determination as to whether or when a conflict may ii.) if the Contractor is a closely held
potentially exist shall ultimately be made by the County corporation(i.e.whose stock is not publicly held and
Attorney after full disclosure is obtained. not traded through an exchange or over the counter),
21. Cooperation on Claims 1. the dissolution,merger,
consolidation or other reorganization of
The Contractor and the County shall render diligently to the Contractor,
each other,without compensation,any and all cooperation
that may be required to defend the other party,its 2. the sale or other transfer of
employees and designated representatives against any twenty percent(20%)or more of the
claim,demand or action that may be brought against the shares of the Contractor(other than to
other party,its employees or designated representatives existing shareholders,the corporation
arising out of,or in connection with,the Contract. itself or the immediate family members
of shareholders by reason of gift,sale
22. Confidentiality or devise).
Any document of the County,or any document created by b. If the Contractor is a not-for-profit corporation,a
the Contractor and used in rendering the Services,shall change of twenty percent(20%)or more of its shares or
remain the property of the County and shall be kept members shall be deemed a Permitted Transfer.
confidential in accordance with applicable laws,rules,and
regulations. c. The Contractor shall notify the County in writing,
which notice(the"Transfer Notice")shall include
23. Assignment and Subcontracting
i.) the proposed effective date of the
a. The Contractor shall not delegate its duties under Permitted Transfer,which shall not be less than
the Contract,or assign,transfer,convey,subcontract, thirty(30)days nor more than one hundred
sublet,or otherwise dispose of the Contract,or any of its eighty(180)days after the date of delivery of the
right,title or interest therein,or its power to execute the Transfer Notice;
Contract,or assign all or any portion of the moneys that ii.) a summary of the material terms of the
may be due or become due hereunder,(collectively referred
to in this paragraph 23 as"Assignment"),to any other proposed Permitted Transfer,
person,entity or thing without the prior written consent of iii.) the name and address of the proposed
the County,and any attempt to do any of the foregoing transferee,
without such consent shall be void ab initio.
5 of 7 pages
Exhibit 1
Consultant/Personal Services
Exhibit 1 Rev.11.24.15
iv.) such information reasonably required
by the County,which will enable the County to
determine the financial responsibility,character, 27. Publications
and reputation of the proposed transferee,nature
of the proposed assignee/transferee's business Any book,article,report,or other publication related to the Services
and experience; provided pursuant to this Contract shall contain the following
statement in clear and legible print:
v.) all executed forms required pursuant to
Exhibit 2 of the Contract,that are required to be "This publication is fully or partially funded by the County
submitted by the Contractor;and of Suffolk."
vi.) such other information as the County 28. Copyrights and Patents
may reasonably require.
a. Copyrights
d. The County agrees that any request for its
consent to a Permitted Transfer shall be granted provided Any and all materials generated by or on behalf of the
that the transfer does not violate any provision of the Contractor while performing the Services(including,without
Contract,and the transferee has not been convicted of a limitation,designs,images,video,reports,analyses,manuals,films,
criminal offense as described under Article II of Chapter tests,tutorials,and any other work product of any kind)and all
189 of the Suffolk County Code. The County shall grant or intellectual property rights relating thereto("Work Product")are and
deny its consent to any request of a Permitted Transfer shall be the sole property of the County. The Contractor hereby
within twenty(20)days after delivery to the County of the assigns to the County its entire right,title and interest,if any,to all
Transfer Notice,in accordance with the provisions of Work Product,and agrees to do all acts and execute all documents,
Paragraph 33 of this Exhibit 1 of the Contract. If the and to use its best efforts to ensure that its employees,consultants,
County shall not give written notice to the Contractor subcontractors,vendors and agents do all acts and execute any
denying its consent to such Permitted Transfer(and setting documents,necessary to vest ownership in the County of any and all
forth the basis for such denial in reasonable detail)within Work Product. The Contractor may not secure copyright protection.
such 20-day period,then the County shall be deemed to The County reserves to itself,and the Contractor hereby gives to the
have granted its consent to such Permitted Transfer. County,and to any other person designated by the County,consent to
produce,reproduce,publish,translate,display or otherwise use the
e. Notwithstanding the County's consent, Work Product. This paragraph shall survive any completion,
expiration or termination of this Contract.
i.) the terms and conditions of the
Contract shall in no way be deemed to have been The County shall be deemed to be the author of all the
waived or modified,and Work Product. The Contractor acknowledges that all Work Product
shall constitute"work made for hire"under the U.S copyright laws.
ii.) such consent shall not be deemed To the extent that any Work Product does not constitute a"work
consent to any further transfers. made for hire,"the Contractor hereby assigns to the County all right,
title and interest,including the right,title and interest to reproduce,
25. No Intended Third Party Beneficiaries edit,adapt,modify or otherwise use the Work Product,that the
Contractor may have or may hereafter acquire in the Work Product,
The Contract is entered into solely for the benefit of the including all intellectual property rights therein,in any manner or
County and the Contractor. No third party shall be deemed medium throughout the world in perpetuity without compensation.
a beneficiary of the Contract and no third party shall have This includes,but is not limited to,the right to reproduce and
the right to make any claim or assert any right under the distribute the Work Product in electronic or optical media,or in CD-
Contract. ROM,on-line or similar format.
26. Certification as to Relationships b. Patents
The Contractor certifies under penalties of perjury that, If the Contractor develops,invents,designs or creates any
other than through the funds provided in the Contract and idea,concept,code,processes or other work or materials during the
other valid agreements with the County,there is no known Term,or as a result of any Services performed under the Contract
spouse,life partner,business,commercial,economic,or ("patent eligible subject matter"),it shall be the sole property of the
financial relationship with the County or its elected County. The Contractor hereby assigns to the County its entire right,
officials. The Contractor also certifies that there is no title and interest,if any,to all patent eligible subject matter,and
relationship within the third degree of consanguinity, agrees to do all acts and execute all documents,and to use its best
between the Contractor,any of its partners,members, efforts to ensure that its employees,consultants,subcontractors,
directors,or shareholders owning five percent(5%)or vendors and agents do all acts and execute any documents,necessary
more of the Contractor,and the County. The foregoing to vest ownership in the County of any and all patent eligible subject
certification shall not apply to a contractor that is a matter. The Contractor may not apply for or secure for itself patent
municipal corporation or a government entity. protection. The County reserves to itself,and the Contractor hereby
gives to the County,and to any other person designated by the
6 of 7 pages
Exhibit 1
Consultant/Personal Services
Exhibit 1 Rev.11.24.15
County,consent to produce or otherwise use any item so discovered indicated by prior written notice to the addressor. All notices
and/or the right to secure a patent for the discovery or invention. received by the Contractor relating to a legal claim shall be
This paragraph shall survive any completion,expiration or immediately sent to the Department and also to the County Attorney
termination of this Contract. at 100 Veterans Memorial Highway,P.O.Box 6100,(Sixth Floor),
Hauppauge,New York,11788-0099.
29. Arrears to County
The Contractor warrants that,except as may otherwise be authorized End of Text for Exhibit 1
by agreement,it is not in arrears to the County upon any debt,
contract,or any other lawful obligation,and is not in default to the
County as surety.
30. Lawful Hiring of Employees Law in Connection with
Contracts for Construction or Future Construction
In the event that the Contract is subject to the Lawful Hiring of
Employees Law of the County of Suffolk,Suffolk County Code
Article II of Chapter 353,as more fully set forth in Exhibit 2 entitled
"Suffolk County Legislative Requirements,"the Contractor shall
maintain the documentation mandated to be kept by this law on the
construction site at all times. Employee sign-in sheets and
register/log books shall be kept on the construction site at all times
and all covered employees,as defined in the law,shall be required to
sign such sign-in sheets/register/log books to indicate their presence
on the construction site during such working hours.
31. Record Retention
The Contractor shall retain all accounts,books,records,and other
documents relevant to the Contract for seven(7)years after final
payment is made by the County. Federal,State,and/or County
auditors and any persons duly authorized by the County shall have
full access and the right to examine any of said materials during said
period. Such access is granted notwithstanding any exemption from
disclosure that may be claimed for those records which are subject to
nondisclosure agreements,trade secrets and commercial information
or financial information that is privileged or confidential.Without
limiting the generality of the foregoing,records directly related to
contract expenditures shall be kept for a period of ten(10)years
because the statute of limitations for the New York False Claims Act
(New York False CIaims Act§ 192)is ten(10)years.
32. Certification Regarding Lobbying
Together with this Contract and as a condition precedent to its
execution by the County,the Contractor shall have executed and
delivered to the County the Certification Regarding Lobbying(if
payment under this Contract may exceed$100,000)as required by
Federal regulations,and shall promptly advise the County of any
material change in any of the information reported on such
Certification,and shall otherwise comply with,and shall assist the
County in complying with,said regulations as now in effect or as
amended during the term of this Contract.
33. Notice
Unless otherwise expressly provided herein,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
7 of 7 pages
Exhibit 1
Consultant/Personal Services
Exhibit 2 Rev.11/24/15
Exhibit 2 Contract and to seek other remedies as set forth
Suffolk County Legislative Requirements therein,for violations of this Law.
NOTE:THE CONTRACTOR'S COMPLETED Required Forms:
LEGISLATIVE REQUIRED FORMS REFERENCED
HEREIN ARE AVAILABLE ON FILE AT THE Suffolk County Living Wage Form LW-1;
COUNTY ATTORNEY'S OFFICE AND THE entitled"Suffolk County Department of Labor—
DEPARTMENT NAMED ON THE SIGNATURE Living Wage Unit Notice of Application for
PAGE OF THIS CONTRACT. County Compensation(Contract)."
1. Contractor's/Vendor's Public Disclosure Suffolk County Living Wage Form LW-38;
Statement entitled"Suffolk County Department of Labor—
Living Wage Unit Living Wage
It shall be the duty of the Contractor to read, Certification/Declaration—Subject To Audit."
become familiar with,and comply with the
requirements of section A5-8 of Article V of the 3. Use of County Resources to Interfere with
Suffolk County Code. Collective Bargaining Activities
Unless certified by an officer of the Contractor as It shall be the duty of the Contractor to read,
being exempt from the requirements of section become familiar with,and comply with the
A5-8 of Article V of the Suffolk County Code, requirements of Article I of Chapter 803 of the
the Contractor represents and warrants that it has Suffolk County Code.
filed with the Comptroller the verified public
disclosure statement required by Suffolk County County Contractors(as defined by section 803-2)
Administrative Code Article V,Section A5-8 and shall comply with all requirements of Chapter
shall file an update of such statement with the 803 of the Suffolk County Code,including the
Comptroller on or before the 31st day of January following prohibitions:
in each year of the Contract's duration. The
Contractor acknowledges that such filing is a a. The Contractor shall not use County
material,contractual and statutory duty and that funds to assist,promote,or deter union
the failure to file such statement shall constitute a organizing.
material breach of the Contract,for which the
County shall be entitled,upon a determination b. No County funds shall be used to
that such breach has occurred,to damages,in reimburse the Contractor for any costs
addition to all other legal remedies,of fifteen incurred to assist,promote,or deter
percent(15%)of the amount of the Contract. union organizing.
Required Form: c. No employer shall use County property
Suffolk County Form SCEX 22;entitled to hold a meeting with employees or
"Contractor'sNendor's Public Disclosure supervisors if the purpose of such
Statement" meeting is to assist,promote,or deter
union organizing.
2. Living Wage Law
If the Services are performed on County property,
It shall be the duty of the Contractor to read, the Contractor must adopt a reasonable access
become familiar with,and comply with the agreement,a neutrality agreement,fair
requirements of Chapter 575,of the Suffolk communication agreement,non-intimidation
County Code. agreement,and a majority authorization card
agreement.
' This Contract is subject to the Living Wage Law
of the County of Suffolk. The law requires that, If the Services are for the provision of human
unless specific exemptions apply,all employers services and are not to be performed on County
(as defined)under service contracts and property,the Contractor must adopt,at the least,
recipients of County financial assistance,(as a neutrality agreement.
defined)shall provide payment of a minimum
wage to employees as set forth in the Living Under the provisions of Chapter 803,the County
Wage Law. Such rate shall be adjusted annually shall have the authority,under appropriate
pursuant to the terms of the Suffolk County circumstances,to terminate the Contract and to
Living Wage Law of the County of Suffolk. seek other remedies as set forth therein,for
Under the provisions of the Living Wage Law, violations of this Law.
the County shall have the authority,under
appropriate circumstances,to terminate the
1 of 4 pages
Consultant/Personal Services
Exhibit 2 Rev.11/24/15
Required Form: the covered employer and the County;and shall
Suffolk County Labor Law Form DOL-L01; be made available to the public upon request.
entitled"Suffolk County Department of Labor—
Labor Mediation Unit Union Organizing An updated affidavit shall be submitted by each
Certification/Declaration-Subject to Audit." such employer,owner,contractor and
subcontractor no later than January 1 of each year
4. Lawful Hiring of Employees Law for the duration of any contract and upon the
renewal or amendment of the Contract,and
It shall be the duty of the Contractor to read, whenever a new contractor or subcontractor is
become familiar with,and comply with the hired under the terms of the Contract.
requirements of Article II of Chapter 353 of the
Suffolk County Code. The Contractor acknowledges that such filings
are a material,contractual and statutory duty and
This Contract is subject to the Lawful Hiring of that the failure to file any such statement shall
Employees Law of the County of Suffolk.It constitute a material breach of the Contract.
provides that all covered employers,(as defined),
and the owners thereof,as the case may be,that Under the provisions of the Lawful Hiring of
are recipients of compensation from the County Employees Law,the County shall have the
through any grant,loan,subsidy,funding, authority to terminate the Contract for violations
appropriation,payment,tax incentive,contract, of this Law and to seek other remedies available
subcontract,license agreement,lease or other under the law.
financial compensation agreement issued by the
County or an awarding agency,where such The documentation mandated to be kept by this
compensation is one hundred percent(100%) law shall at all times be kept on site. Employee
funded by the County,shall submit a completed sign-in sheets and register/log books shall be kept
sworn affidavit(under penalty of perjury),the on site at all times during working hours and all
form of which is attached,certifying that they covered employees,as defined in the law,shall
have complied,in good faith,with the be required to sign such sign-in
requirements of Title 8 of the United States Code sheets/register/log books to indicate their
Section 1324a with respect to the hiring of presence on the site during such working hours.
covered employees(as defined)and with respect
to the alien and nationality status of the owners Required Forms:
thereof. The affidavit shall be executed by an
authorized representative of the covered Suffolk County Lawful Hiring of Employees Law
employer or owner,as the case may be;shall be - Form LHE-1;entitled"Suffolk County
part of any executed contract,subcontract,license Department of Labor—Notice Of Application To
agreement,lease or other financial compensation Certify Compliance With Federal Law(8 U.S.C.
agreement with the County;and shall be made Section 1324a)With Respect To Lawful Hiring
available to the public upon request. of Employees."
All contractors and subcontractors(as defined)of Suffolk County Lawful Hiring of Employees Law
covered employers,and the owners thereof,as Form LHE-2;entitled"Affidavit Of Compliance
the case may be,that are assigned to perform With The Requirements Of 8 U.S.C.Section
work in connection with a County contract, 1324a With Respect To Lawful Hiring Of
subcontract,license agreement,lease or other Employees"
financial compensation agreement issued by the
County or awarding agency,where such 5. Gratuities
compensation is one hundred percent(100%)
funded by the County,shall submit to the covered It shall be the duty of the Contractor to read,
employer a completed sworn affidavit(under become familiar with,and comply with the
penalty of perjury),the form of which is attached, requirements of Chapter 664 of the Suffolk
certifying that they have complied,in good faith, County Code.
with the requirements of Title 8 of the United
States Code Section 1324a with respect to the The Contractor represents and warrants that it has
hiring of covered employees and with respect to not offered or given any gratuity to any official,
the alien and nationality status of the owners employee or agent of the County or the State or
thereof,as the case may be. The affidavit shall of any political party,with the purpose or intent
be executed by an authorized representative of of securing an agreement or securing favorable
the contractor,subcontractor,or owner,as the treatment with respect to the awarding or
case may be;shall be part of any executed amending of an agreement or the making of any
contract,subcontract,license agreement,lease or determinations with respect to the performance of
other financial compensation agreement between an agreement.
2 of 4 pages
Consultant/Personal Services
Exhibit 2 Rev.11/24/15
6. Prohibition Against Contracting with 10. Youth Sports
Corporations that Reincorporate Overseas
It shall be the duty of the Contractor to read,
It shall be the duty of the Contractor to read, become familiar with,and comply with Article
become familiar with,and comply with the III of Chapter 730 of the Suffolk County Code.
requirements of sections A4-13 and A4-14 of
Article IV of the Suffolk County Code. All contract agencies that conduct youth sports
programs are required to develop and maintain a
The Contractor represents that it is in compliance written plan or policy addressing incidents of
with sections A4-13 and A4-14 of Article N of possible or actual concussion or other head
the Suffolk County Code. Such law provides that injuries among sports program participants.Such
no contract for consulting services or goods and plan or policy must be submitted prior to the
services shall be awarded by the County to a award of a County contract,grant or finding.
business previously incorporated within the Receipt of such plan or policy by the County
U.S.A.that has reincorporated outside the U.S.A does not represent approval or endorsement of
any such plan or policy,nor shall the County be
7. Child Sexual Abuse Reporting Policy subject to any liability in connection with any
such plan or policy.
It shall be the duty of the Contractor to read,
become familiar with,and comply with the 11. Work Experience Participation
requirements of Article II of Chapter 880 of the
Suffolk County Code. If the Contractor is a not-for-profit or
governmental agency or institution,each of the
The Contractor shall comply with Article II of Contractor's locations in the County at which the
Chapter 880,of the Suffolk County Code, Services are provided shall be a work site for
entitled"Child Sexual Abuse Reporting Policy," public-assistance clients of Suffolk County
as now in effect or amended hereafter or of any pursuant to Chapter 281 of the Suffolk County
other Suffolk County Local Law that may Code at all times during the Term of the Contract.
become applicable during the term of the If no Memorandum of Understanding("MOU")
Contract with regard to child sexual abuse with the Suffolk County Department of Labor for
reporting policy. work experience is in effect at the beginning of
the Term of the Contract,the Contractor,if it is a
8. Non Responsible Bidder not-for-profit or governmental agency or
institution,shall enter into such MOU as soon as
It shall be the duty of the Contractor to read, possible after the execution of the Contract and
become familiar with,and comply with the failure to enter into or to perform in accordance
requirements of Article II of Chapter 189 of the with such MOU shall be deemed to be a failure to
Suffolk County Code. perform in accordance with the Contract,for
which the County may withhold payment,
Upon signing the Contract,the Contractor terminate the Contract or exercise such other
certifies that it has not been convicted of a remedies as may be appropriate in the
criminal offense within the last ten(10)years. circumstances.
The tenn"conviction"shall mean a finding of
guilty after a trial or a plea of guilty to an offense 12. Safeguarding Personal Information of
covered under section 189-5 of the Suffolk Minors
County Code under"Nonresponsible Bidder."
It shall be the duty of the Contractor to read,
9. Use of Funds in Prosecution of Civil Actions become familiar with, and comply with the
Prohibited requirements of Suffolk County Local Law No.
20-2013, a Local Law to Safeguard the Personal
It shall be the duty of the Contractor to read, Information of Minors in Suffolk County.
become familiar with,and comply with the All contract agencies that provide services to
requirements of Article III of Chapter 893 of the minors are required to protect the privacy of the
Suffolk County Code. minors and are strictly prohibited from selling or
The Contractor shall not use any of the moneys, otherwise providing to any third party, in any
part Coontractor
whole,and either ly or manner whatsoever, the personal or identifying
ininformation of any minor participating in their
indirectly,received under the Contract in
connection with the prosecution of any civil programs.
action against the County in any jurisdiction or
any judicial or administrative forum.
3 of 4 pages
Consultant/Personal Services
Exhibit 2 Rev.11/24/15
13. Contract Agency Performance Measures and
Reporting Requirements
It shall be the duty of the Contractor to read,
become familiar with, and comply with the
requirements of Suffolk County Local Law No.
41-2013,a Local Law to Implement Performance
Measurement to Increase Accountability and
Enhance Service Delivery by Contract Agencies
(Article VIII of Chapter 189 of the Suffolk
County Code).
All contract agencies having a contract in excess
of$50,000 shall cooperate with the contract's
administering department to identify the key
performance measures related to the objectives of
the service the contract agency provides and shall
develop an annual performance reporting plan.
The contract agency shall cooperate with the
administering department and the County
Executive's Performance Management Team to
establish working groups to identify appropriate
performance indicators for monthly evaluation of
the contract agency's performance measures.
14. Suffolk County Local Laws Website Address
Suffolk County Local Laws,Rules and
Regulations can be accessed on the homepage of
the Suffolk County Legislature.
End of Text for Exhibit 2
4 of 4 pages