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HomeMy WebLinkAboutSC Dept of Labor - Work Experience Programs RESOLUTION 2017-293 ADOPTED DOC ID: 12896 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-293 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 28, 2017: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Worksite Memorandum of Understanding between the Town of Southold and the Suffolk County Department of Labor, Licensing&Consumer Affairs in connection with the Work Experience Programs of the Suffolk Works Employment Program and the Youth Program funded by the Workforce Investment Act for eligible Suffolk County residents, for a term commencing on July 1, 2017 through June 30, 2022, subject to the approval of the Town Attorney. 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 F L f COUNTY OF SUFFOLK qaa®4� Q®®aAa RECEIVED JUN 2 0 2017 STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE ".SOWN pTTORNE`('S OFFICE FRANK NARDELLI ADDRESS CORRESPONDENCE TO: COMMISSIONER P.O.BOX 6100 DEPARTMENT OF LABOR HAUPPAUGE,N.Y.11788-0099 725 VETERANS MEMORIAL HIGHWAY e-mail:sc.dol(cDsuffolkcountvnv.aov HAUPPAUGE,N.Y.11788 FAX#(631)853-6510 www.suffolkeountyny.gov/labor June 16, 2017 Town of Southold PO Box 1179 Southold, NY 11971-0959 Attn: Scott A. Russell, Supervisor Dear Supervisor Russell: Please find enclosed, for your records, a fully executed Worksite Memorandum of Understanding for your agency. Any questions please call me at 631-853-3854. Very truly yours, RK/km Richard Krebs Enclosure Assistant Administrative Director Suffolk Works Employment Program Worksite Development Unit .�K0i4 ,y r Rev. 02-07-17; Law No.:;Ia- Worksite MOU-WIOA and/or SWEP Worksite Memorandum of Understanding(MOU) This Memorandum of Understanding("MOU") is between the County of Suffolk("County"), a municipal corporation of the State of New York, acting through its duly constituted Department of Labor, Licensing & Consumer Affairs ("Department"), located at Building 17,North County Complex, 725 Veterans Memorial Highway, Hauppauge,New York 11788; and Town of Southold ("Contractor"), a not-for-profit corporation, having its principal place of business at 53095 Route 25/PO Box 1179, Southold,NY 11971-0959. The parties hereto desire to make available for eligible Suffolk County residents an employment and training program that includes work experience under the Workforce Innovation& Opportunity Act, the Suffolk Works Employment Program, and/or other pertinent programs administered by the Department, and to establish the conditions, limitations and work rules to be observed by the Contractor and the Department under this MOU. This MOU is being entered into in accordance with Suffolk County Local Law No. 15-1993, as further described in paragraph 2 of Article 1. Term of MOU: July 1, 2017 through June 30, 2022, unless sooner terminated as provided for herein. This agreement will'be reviewed not less than once every 3 years from the effective date to ensure appropriate funding and delivery of services. Total Cost of MOU: No payments to Contractor. Terms and Conditions: Shall be set forth in Articles I through V and Exhibits 1 through 4 attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed this Contract as of the latest date written below. Town of Southold By: COUNT F SUFFOLK Name: Scott A.Russell By: Title: Supervisor Name: Dennis M. Cohen Fed. Tax ID#11-60019 9 Title: Chiefep ty County Executive Date 3� O , Scott A. Russell,hereby rtifiesu der penalties of perjury that I Date: (Print Name) am an officer of Town of Southold,that I have read and I amfarmhar with§A5-8 of Article V of the Suffolk County Code,and thafrown of Approved: Department of Labor, Licensing & Southold meets all requirements ualify fore tion there order Consumer Affairs Name ® (Signature) By: a Name: Vanessa Pugh AI Title: Chief Deputy Commissioner Approved as to Form: _ Dennis M. Brown Date: l� County A orne By: Name'-'Valerie E. Slnitl Title: Assi t County Attorney Date 1 of 33 pages 0046108 Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP Article I Description of Services 1. Services 2. Work Experience 3. Trainees 4. Interview and Notification of Hire 5. Reports, Attendance Records, and Evaluations 6. Work Experience Credit 7. Working Conditions 8. Reporting of Injuries 9. Termination of Trainees 10. Responsibility for Wrongful Termination 11. Contractor Assurances and Certification 12. Maintenance of Effort 13. Union Concurrence 14. Compliance with Worksite Manual 15. Self-Monitoring 16. Laws, Rules and Regulations 17. Fraud, Abuse, and Other Criminal Activity 18. Screening of Personnel 19. Political Activities 20. Sectarian Activities 21. Certifications 22. State Liability 23. Conflicts of Interest/Nepotism 24.Nondiscrimination&Equal Opportunity Assurance 25. Buy American Notice Requirement 26. Priority of Service for Veterans 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 2 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP 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 Parry Beneficiaries 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'sNendor'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 3 of 33 pages J Rev. 02-07-17; Law No. Worksite MOU -W10A and/or SWEP 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 c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Property in Contractor's Custody f. Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non-County Funded Activities e. Potential Revenue f. Payments Contingent upon State/Federal Funding g. Denial of Aid h. Budget i. Payment of Claims j. Payments Limited to Actual Net Expenditures k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 1. Salaries m. Salary Increases 4 of 33 pages Rev. 02-07-17; Law No. Worksite MOU-WIOA and/or SWEP n. Contractor Vacancies o. No Limitation on Rights p. Comptroller's Rules and Regulations Exhibits Exhibit 1 Certification Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug-Free Workplace Requirements Exhibit 2 Union Certification Exhibit 3 Living Wage Exhibit 4 Lawful Hiring I 5 of 33 pages Rev. 02-07-17; Law No. Worksite MOU-WIOA and/or SWEP Article I Description of Services r Whereas,the Department is responsible for carrying out programs pursuant to the federal Workforce Investment Act of 1998 ("WIA"), including programs related to the job training; and Whereas, the federal Workforce Innovation & Opportunity Act (WIOA)was signed into law on July 22, 2014 and supersedes the Workforce Investment Act of 1998 and amends the Adult Education and Family Literacy Act,the Wagner-Peyser Act, and the Rehabilitation Act of 1973; and Whereas, the goals of the WIOA are, among other things;to assist job seekers in obtaining the services and skills they need to improve their employment opportunities through qualified training programs and placement at worksites; and Whereas, the Department is,also responsible for carrying out programs pursuant the Personal Responsibility Work Opportunity Reconciliation Act of 1996,which was enacted as part of a national effort to end the federal guarantee of cash assistance for welfare recipients; and Whereas,New York State also has authority to administer-its own public assistance programs and provide hinds under block grants for Temporary Assistance to Needy Families ("TANF"); and Whereas, pursuant to these state and federal laws and the Suffolk Works Employment Program("SWEP"), in order maintain certain social service and public assistance benefits, individuals must engage in work experience, through which they work at designated worksites and gain job skills in exchange for continuance of benefits ("Work Experience" or"Work Experience Program"); and Whereas, the Department administers the WIOA and SWEP Work Experience Programs for Suffolk County; and Whereas,the Contractor is willing to serve as a worksite where Trainees, as that term is defined herein, may obtain Work Experience; and Whereas, the Department is also responsible for malting available to youth participants services related to the support and advancement of educating and readying youths for the job market; and Whereas, the Contractor is willing to provide at no cost and when available, one or more of the fourteen youth services outlined in-the WIOA. Now therefore, in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto agree f as follows: 1. Services a. The Contractor shall provide Work Experience at the Contractor's worksites (the"Services")to Trainees as defined herein. Work Experience, shall include, but not necessarily be limited to, providing work experience to Trainees and providing on-the-job training in regard to what is expected from Trainees in relation to job and professional work skills. r 6 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP b. The Contractor specifically represents and warrants that it has and shall possess, and that,to the extent applicable, its employees, agents and subcontractors have and shall possess,the required education,knowledge, experience and character necessary to qualify them individually for the particular duties they perform and that the Contractor has and shall have, and, to the extent applicable, its employees, agents and subcontractors have and shall have, all required authorization(s), certificates(s), certifications(s), registration(s), license(s), permit(s) or other approval(s) required by the State, County or other authorities for the Services provided. 2. Work Experience Participation This MOU is being entered into in accordance with Suffolk County Local Law No.15-1993. The Contractor, in one or more other agreements it has executed with the County,has agreed to enter into this MOU. Such other agreement(s) contain the following terms and conditions: If the Contractor is a nonprofit or governmental agency or institution,each of the. Contractor's locations in Suffolk County at which services are provided under this MOU shall be a work site for public-assistance clients of Suffolk County pursuant to Local Law No.15-1993 at all times during the term of this MOU.If no MOU with the Suffolk County Department of Labor for work experience is in effect at the beginning of the term of this MOU, the Contractor, if it is a nonprofit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of this MOU 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 this MOU, for which the County may withhold payment, terminate this MOU or exercise such other remedies as may be appropriate in the circumstances. 3. Trainees For the purpose of this MOU, a Trainee shall be defined as a participant, as designated by the Department,in the Work Experience Program under WIOA and/or SWEP. 4. Interview and Notification of Hire a. The Department shall refer Trainee(s)to the Contractor for an interview. b. If the Contractor determines to hire a Trainee(s),the Contractor shall notify-the Department in such time and manner as may be required or directed by Department,but in no event shall such notification occur later than five (5)business days after the Contractor's determination to hire. 5. Reports, Attendance Records, and Evaluations a. The Contractor shall provide both written and oral reports, as may be requested by the Department, regarding the Services.The Contractor shall prepare reports in such form(s)and deliver them at such time(s) as directed by the Department. All reports shall be made available to the Department in electronic format. 7 of 33 pages Rev. 02-07-17; Law No. Worksite MOU-W10A and/or SWEP b. The Department may, at its sole discretion, require the Contractor to submit documentation,in such form and type as the Department directs,relating to the Services,including,but not limited to,documents related to Trainee attendance at the Work Experience Program(e.g.,attendance sheets)and evaluation of t'rainee's progress and/or performance in the Work Experience Program. 6. Work Experience Credit a. Trainees under TANF and other Social Service Programs Trainees that�participate in the Work Experience Program pursuant to TANF and/or other Social Service programs and who are in compliance with all federal and state regulations,as determined and documented by the Department, shall be credited for work performed. b. Trainees under WIOA and other Youth Programs: The wages of Trainees that participate in the Work Experience Program pursuant to the WIOA Youth Program and other Youth Programs and who are in compliance with all federal and state'regulations, as determined and documented by the Department, shall be subsidized by the Department through WIOA or other Federal and State grants. c. Additional Services Available to Youth Particpants To ensure Youth participants are successfully prepared to enter postsecondary education and/or unsubsidized employment,Contractor may provide,when feasible,and at no cost to the Department,Youth work experience participants with the employment related services described in WIOA Regulations Section 681.460 through Section 681.600. These services may include: Tutoring and study skills training; Alternative secondary school services or dropout recovery services; Pre-apprenticeship programs; Internships and j ob shadowing;Occupational skills training;Education offered concurrently with and in the same context as workforce preparation,Leadership development, Supportive services described in WIOA Section 681.570;Adult mentoring;Comprehensive guidance such as substance abuse counseling;Financial literacy;Entrepreneurial skills training;Labor market information or other activities that help youth prepare for and transition to post-secondary education or unsubsidized employment. d. Payroll Procedures/Fringe Benefits Any WIOA Trainees that may be entitled to wages under the applicable federal/state program shall be paid by the Department through the Suffolk County biweekly payroll system. Public Assistance recipients obtaining work experience will be credited for work performed at the minimum wage. The Contractor shall maintain individual records of time worked by Trainees on time sheets approved by the Department. Time records shall be maintained on a daily basis and shall document actual hours worked. Proper maintenance of time cards shall be the responsibility of the Contractor. The Contractor shall ensure that records are properly completed and validated, by signature of the Trainee and the worksite supervisor, within collection procedures and time frames established by the Department for processing of input documents through the payroll system and/or the Department of Social Services database. Trainees in wage paying programs shall be paid no less than the Federal or State minimum wage, whichever is greater. Trainees shall work in those occupational titles identified by the Contractor and approved by the 8 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WiOA and/or SWEP Department. Fringe benefits provided by the Department shall include, as appropriate and applicable, FICA, Workers' Compensation, General Liability, Unemployment Insurance and other such benefits as are determined by the Department to be in accordance with local law and relevant Federal and State regulations. 7. Working Conditions Health and safety standards established under State and Federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of Trainee(s). Where Trainees are engaged in activities not covered under the O.S.H.A. of 1970,they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the Trainee's health or safety. 8. Deporting of Injuries In the event that a Trainee is injured and the injury either causes the Trainee to lose time at work or to obtain medical attention,the Contractor must immediately notify the Department of the injury by phone. Within one working day,the Contractor must provide to the Department a written report of the injury on letterhead paper and containing information as to: a. Name of the Trainee. b. When, where, how and why the injury occurred. c. Nature of the injury. d. Witnesses to,the injury. e. Whether the Trainee was sent home, to a hospital or to a physician. f. If medical treatment was given,the name and address of the physician. g. The name, title and phone number of the person who prepared the report. If the immediate supervision of the Trainee is provided by the Department,the above-mentioned items shall be the responsibility of the Department's on-site supervisor. 9. Termination of Trainees Trainees may be terminated by the Contractor for reasonable cause at any time during the term of this MOU following verbal approval by the Department. When appropriate,prior to termination which is deemed necessary by the Contractor, Trainees shall be granted reasonable opportunity for correction of attitudes or improvement of performance. Following termination of a Trainee, a full bill of particulars should be 9 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP submitted to the Department at the above-stated address within two (2) weeks of the termination date. 10. Responsibility for Wrongful Termination In the event that it is determined that the Contractor terminated or suspended a Trainee without just cause, and/or in violation of any federal, state, or local laws,then the Contractor, at its sole cost and expense shall make payment to the Trainee of any award to which the Trainee may be entitled under applicable laws and/or program requirements. 11. Contractor Assurances and Certification The Contractor certifies: a. That sufficient staff and administrative capability is available to operate the activities of the applicable employment and training programs. b. That only time actually worked by a Trainee shall be certified on his/her time sheet,and that a current time sheet shall be maintained for each Trainee. c. That there is sufficient,meaningful work to occupy all the Trainees assigned during the hours they are at the site. d. That worksite supervisors shall attend training sessions,provided by the Department, as appropriate. e. That Trainees are adequately protected against hazards or activities which may adversely affect their health or safety. f. That any special clothing,specific tools or equipment which may be required for the Trainees to perform the work assigned shall be provided by the Contractor. 12. Maintenance of Effort The Contractor shall ensure that: a. No Trainees shall be used to replace or perform any work ordinarily and actually performed by regular employees(including partial displacement such as a reduction in the hours of non-overtime work,wages or employment benefits),or to replace or to perform any work which would ordinarily be performed by craft or trade unions in private employment. b.' No program shall impair existing contracts for services or collective bargaining agreements. c. No Trainee shall be employed or job opening filled(1)when any individual is on layoff from the same or a substantially equivalent job, or (2) when the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the vacancy so created by hiring a Trainee. 10 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -W10A and/or SWEP d. No jobs shall be created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals. e. Work performed by Trainees under this Memorandum of Understanding shall only be in addition to work. which would otherwise be provided by the Contractor without assistance under the applicable program. f. The work experience assignment shall not result in the filling of any established unfilled position vacancy by a Trainee. 13. Union Concurrence When an activity authorized by the Department would be inconsistent with a collective bargaining agreement, written union concurrence must be obtained before placement of the Trainee(s) in the Contractor's organization. 14. Compliance with the Worksite Manual The Contractor shall comply with the requirements of the applicable Worksite Manual. The Contractor hereby certifies and acknowledges having had the opportunity to review the manual and understands the applicable requirements, as well as the terms therein specified, and agrees to adhere to and comply with them. 15. Self-Monitoring The Contractor shall establish procedures to ensure compliance with WIOA, and all other applicable laws, regulations,and with the provisions of this MOU. Such procedures shall be subject to the review and approval of the Department. 16. Laws, Rules and Regulations The Contractor shall comply with all applicable federal, state and local laws, rules, and regulations which deal with or relate to the employment of persons who perform work or are trained under this MOU, including, but not limited to, the Workforce Innovation& Opportunity Act (WIOA), subsequent amendments, and the regulations and policies thereunder, the provisions of the various public assistance employment programs,the provisions of the Fair Labor Standards Act,the Equal Opportunity Clauses of the Civil Rights Act of 1964 and any subsequent amendments, and the health and safety standards established under State and Federal law and applicable to the working conditions of Trainees. 17. Fraud, Abuse and Other Criminal Activity For programs funded under the WIOA, all information and complaints involving fraud, abuse, other criminal activity, or violations of law, shall be reported directly and immediately to the: Office of the Inspector General \ United States Department of Labor Room S-5506 11 of 33 pages Rev. 02-07-17; Law No. Worksite MOLL-WIOA and/or SWEP 200 Constitution Avenue,N.W. Washington, D.C. 20210 18. Screening of Personnel c If(i) the Contractor performs or provides day care services (whether or not it has a contract with the Suffolk County Department of Social Services) and (ii)the activities of the Trainees under this MOU may be anticipated to bring them into contact with children receiving day care services, the Contractor shall comply with the requirements of Suffolk County Code Chapter 396 as now in effect or as amended hereafter or of any other State or Suffolk County Local Law that may become applicable during the term of this MOU with regard to the screening of personnel in connection with day care services. 19. Political activities It is agreed that the work performed under this Memorandum of Understanding shall in no way or to any extent be used in the conduct of political, partisan or election campaign activities,nor shall any Trainee be selected, rejected,'pr6moted or discriminated against in any way based on political belief or affiliation. 20. Sectarian Activities The Contractor agrees that Trainees shall not be utilized on the construction, operation or maintenance of any portion of any facility as is used or to be used for sectarian instruction or as a place of religious worship. Additionally, no Trainees shall be placed in any capacity to free any other person for the perforinance of such duties or activities. 21. Certifications. Together with this MOU and as a condition precedent to its execution by the County,the Contractor shall have executed and delivered to the Department the Certification Regarding Lobbying, Debarment, Suspension, and Other Responsibility Matters, and the Drug-Free Workplace Requirements,attached to this MOU as Exhibit 8. The Contractor shall promptly advise the County of any material change in Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions, as required by Federal Department of Labor Regulations. The Contractor shall promptly advise the County of any material change in any of the information reported on such Certification(s) 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 the MOU. 22. State Liability Unless the Contractor is a department or agency of the State of New York,the State of New York is not a party to this MOU and has no legal liability thereunder, either under the terms and conditions stipulated herein, or with regard to any such liability, legal actions, or disputes as may arise under this Memorandum between the Department and the Contractor. 23. Conflict of Interest/Nepotism 12 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP No individual maybe placed in a WIOA,TANF, S WEP, or other program employment activity,including, but not limited to,the Work Experience Program,if a member of that person's immediate family is directly supervised by or directly supervises that individual.Immediate family shall include wife,husband,daughter, son,mother,father,brother,brother-in-law,sister,sister-in-law,son-in-law,daughter-in-law,mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, and stepchild. To avoid conflict of interest, the" Contractor agrees that no Trainee will be hired under this MOU who is a member of the immediate family of any person employed in an administrative or supervisory capacity by the Contractor. 24. Nondiscrimination &i Equal Opportunity Assurance As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA,the Contractor assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: (1) Section 188 of the Workforce Innovation & Opportunity Act(WIOA)which prohibits discrimination against all individuals in the United States on the,basis of race, color, religion, sex, national origin, age disability,political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIOA Title I- financially assisted program or activity; (2) Title VI of the Civil Rights Act of 1964, as amended which prohibits discrimination on the basis of race, color, and national origin; (3) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; (4) The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and (5) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIOA Title I -financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIOA Title I-financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance. 25. Buy American Notice requirement The Contractor assures that,to the greatest extent practicable, all equipment and products purchased with funds made available under the WIOA will be American made. 26. Priority of Service for Veterans Eligible veterans and their eligible spouses will receive priority over other eligible populations to any 13 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP program Qr service for workforce preparation, development, or delivery that is directly funded, in whole or in part, by the United States Department of Labor.Federal grants for qualified job training programs funded, in whole or in part,;by the U.S. Department of Labor are subject to the provisions of the "Jobs for Veterans Act" (JVA), Public Law 107-288 (38 USC 4215). The JVA provides priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services. Please note that to obtain priority service, a person must meet the program's eligibility requirements. Training and Employment Guidance Letter (TEGL)No. 5-03 (September 16,2003) and Section 20 of the Code of Federal Regulations (CFR)Part 1010 (effective January 19,2009)provide general guidance on the scope of the veterans priority statute and its effect on current employment and training programs. Where applicable, the Contractor agrees to comply with the Veteran's Priority Provisions. End of Article I 14 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP Article II process;or Definitions d. the Contractor's failure to comply with any Federal,State or local law,rule,or regulation, 1. Meanings of Terms and County policies or directives;or As used herein: e. the Contractor's bankruptcy or insolvency;or "Audit of Financial Statements"means the examination by f. the Contractor's failure to cooperate in an Audit the Comptroller and any Federal or State auditing authority of of Financial Statements;or the financial statements of the Contractor resulting in the publication of an independent opinion on whether or not those g. the Contractor's falsification of records or financial statements are relevant,accurate,complete,and fairly reports,misuse of funds,or malfeasance or presented. nonfeasance in financial record keeping arising out of,or in connection with,any contract with "Budget"means the Contractor's summary or plan of all the County;or intended revenue,whether received in the form of fees,grants, County funding,or any other source,and expenditures necessary to h. the Contractor's failure to submit,or failure to render the Services. timely submit,documentation to obtain Federal or State funds;or "Budget Deficiency Plan"means an analysis of the cost of the Services,changes in fiscal conditions,and required modifications to i. the inability of the County or the Contractor to the Contract to continue to render the Services. obtain Federal or State funds due to any act or omission of the Contractor;or "Comptroller"means the Comptroller of the County of Suffolk. j. any condition that the County determines,in its "Contract"means all terms and conditions of this Contract forming sole discretion,is dangerous. all rights and obligations of the Contractor and the County. "Federal"means the United States government,its departments,and "Contractor"means the signatory corporation,its officers,officials, agencies. employees,agents,servants,sub-contractors,and any successor or assign of any one or more of the foregoing performing the Services. "Fringe Benefits"means non-wage benefits which accompany,or are in addition to,a person's salary,such as paid insurance,sick "County"means the County of Suffolk,its departments,and leave,profit-sharing plans,paid holidays,and vacations. agencies. "Fund Source"means any direct or indirect sum payable to the "County Attorney"means the County Attorney of the County of Contractor by the County pursuant to any lawful obligation. Suffolk. "Legislature"means the Legislature of the County of Suffolk. "Department"means the signatory department approving the Contract. "Management Letter"means a letter certified as true by the Contractor's certified public accountant or chief financial officer of "Engineering Services"means time definition of the practice of findings and recommendations for improvements in internal fiscal engineering and the definition of practice of land surveying,as the control that were identified during an Audit of Financial Statements, case may be,under Section 7201 and Section 7203 of the State but which were not required to be included in an audit report. Education Law,respectively. "Municipal Corporation"means a town,village,or school district. "Event of Default"means "Services"means all that which the Contractor must do,and any part a. the Contractor's failure to perform any duty thereof arising out of,or in connection with,the Contract as required of it under paragraphs 1(b)-(e)of described in Article I"Description of Services." Article III of the Contract;or "State"means the State of New York. b. the Contractor's failure to maintain the amount and types of insurance with an authorized insurer "Statement of Other Contracts''means a complete list of all other as required by the Contract;or contracts under which money has been or will be paid to the Contractor from the County,Federal,or State governments,or a C. the Contractor's failure to maintain insurance Municipal Corporation,and(i)which are currently in effect or(ii) required by the Contract with an insurer that has which have expired within the past twelve(12)months and have not designated the New York Superintendent of been renewed. Insurance as its lawful agent for service of 15 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP "Suffolk County Payment Voucher"means the document authorized and required by the Comptroller for release of payment. "Term"means the time period set forth on page one of the Contract and,if exercised by the County,the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms,associations, partnerships(including limited partnerships),trusts,corporations, and other legal entities, including public bodies,as well as natural persons,and shall include successors and assigns. Capitalized terms used, but not otherwise defined,herein,shall have the meanings assigned to them in the Contract. End of Text for Article H 16 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP 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 revolted,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, that no such termination shall be effective unless the 17 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP 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 finds 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 in 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 I(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 b. The Contractor hereby represents and warrants accordance with General Municipal Law§108, the Contract shall be void and of no effect unless 18 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -W10A and/or SWEP 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 S. 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 be construed as creating a principal-agent relationship other requirements or conditions which between the County and the Contractor or the Contractor individuals must meet in order to receive the Services provided pursuant 19 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP to the Contract. potentially exist shall ultimately be made by the County Attorney after full disclosure is obtained, b. The Contractor shall not utilize criteria or methods of administration which have the effect of 14. Cooperation on Claims subjecting individuals to discrimination because of their race,creed,color,national origin,sex,age,disability, The Contractor and the County shall render diligently to sexual orientation,military status,or marital status,or have each other,without compensation,any and all cooperation the effect of substantially impairing the Contract with that may be required to defend the other parry,its respect to individuals of a particular race,creed,color, employees and designated representatives,against any national origin,sex,age,disability,sexual orientation, claim,demand or action that may be brought against the military status,or marital status,in determining: other party,its employees or designated representatives arising out of,or in connection with,the Contract. i.) the Services to be provided,or 15. Confidentiality ii.) the class of individuals to whom,or the situations in which,the Services will be Any document of the County,or any document created by provided;or the Contractor and used in rendering the Services,shall remain the property of the County and shall be kept iii.) the class of individuals to be afforded confidential in accordance with applicable laws,rules,and an opportunity to receive the Services. regulations. 10. Nonsectarian Declaration 16. Assignment and Subcontracting The Services performed under the Contract are secular in a. The Contractor shall not delegate its duties under nature. No funds received pursuant to the Contract shall be the Contract, or assign,transfer,convey,subcontract, used for sectarian purposes or to further the advancement sublet,or otherwise dispose of the Contract,or any of its of any religion. The Services will be available to all right,title or interest therein,or its power to execute the eligible individuals regardless of religious belief or Contract,or assign all or any portion of the moneys that affiliation. may be due or become due hereunder,(collectively referred to in this paragraph 16 as"Assignment"),to any other 11. Governing Law person,entity or thing without the prior written consent of the County,and any attempt to do any of the foregoing The Contract shall be governed by,and construed in without such consent shall be void ab initio. accordance with,the laws of the State of New York, without regard to conflict of laws.Venue shall be b. Such Assignment shall be subject to all of the designated in the Supreme Court,Suffolk County,the provisions of the Contract and to any other condition the United States District Court for the Eastern District of New County requires, No approval of any Assignment shall be York,or,if appropriate,a court of inferior jurisdiction in construed as enlarging any obligation of the County under Suffolk County. the terms and provisions of the Contract. No Assignment of the Contract or assumption by any person of any duty of 12. 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 17. 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,only with forbearance. 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 withdrawal or change,whether The Contractor shall not,during the Term,pursue a course voluntary,involuntary or by operation of conduct which would cause a reasonable person to of law,of the partners,or transfer of believe that he or she is likely to be engaged in acts that partnership interests(other than the create a substantial conflict between its obligations under purchase of partnership interests by the Contract and its private interests. The Contractor is existing partners,by the partnership charged with the duty to disclose to the County the itself or the immediate family members existence of any such adverse interests,whether existing or by reason of gift,sale or devise),or the potential. This duty shall continue as long as the Term. dissolution of the partnership without The determination as to whether or when a conflict may immediate reconstitution thereof,and 20 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP 189 of the Suffolk County Code. The County shall grant or ii.) 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(180)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. The foregoing iv.) such information reasonably required certification shall not apply to a contractor that is a by the County,which will enable the municipal corporation or a government entity. County to determine the financial responsibility,character,and reputation 20. Publications of the proposed transferee,nature of the proposed assignee/transferee's business Any book,article,report,or other publication related to the and experience; Services provided pursuant to this Contract shall contain the following statement in clear and legible print: V-) all executed forms required pursuant to Article IV of the Contract,that are "This publication is fully or partially funded required to be submitted by the by the County of Suffolk." Contractor;and 21. Copyrights and Patents A.) such other information as the County may reasonably require. a. Copyrights d. The County agrees that any request for its Any and all materials generated by or on behalf of the consent to a Permitted Transfer shall be granted,provided Contractor while performing the Services(including, that the transfer does not violate any provision of the without limitation,designs,images,video,reports, Contract,and the transferee has not been convicted of a analyses,manuals,films,tests,tutorials,and any other criminal offense as described under Article II of Chapter work product of any kind)and all intellectual property rights relating thereto("Work Product")are and shall be 21 of 33 pages Rev. 02-07-17; Law No. Worksite MOU-W10A and/or SWEP the sole property of the County. The Contractor hereby Contracts for Construction or Future Construction assigns to the County its entire right,title and interest,if any,to all Work Product,and agrees to do all acts and In the event that the Contract is subject to the Lawful execute all documents,and to use its best efforts to ensure Hiring of Employees Law of the County of Suffolk,Suffolk that its employees,consultants,subcontractors,vendors and County Code Article II of Chapter 353,as more fully set agents do all acts and execute any documents,necessary to forth in the Article entitled"Suffolk County Legislative vest ownership in the County of any and all Work Product. Requirements,"the Contractor shall maintain the The Contractor may not secure copyright protection. The documentation mandated to be kept by this law on the County reserves to itself,and the Contractor hereby gives construction site at all times. Employee sign-in sheets and to the County,and to any other person designated by the register/log books shall be kept on the construction site at County,consent to produce,reproduce,publish,translate, all times and all covered employees,as defined in the law, display or otherwise use the Work Product. This paragraph shall be required to sign such sign-in sheets/register/log shall survive any completion,expiration or termination of books to indicate their presence on the construction site this Contract. during such working hours. The County shall be deemed to be the author of all the 24. Certification Regarding Lobbying Work Product. The Contractor acknowledges that all Work Product shall constitute"work made for hire"under the Together with this Contract and as a condition precedent to U.S.copyright laws. To the extent that any WorkProduct its execution by the County,the Contractor shall have does not constitute a"work made for hire,"the Contractor executed and delivered to the County the Certification hereby assigns to the County all right,title and interest, Regarding Lobbying(if payment under this Contract may including the right,title and interest to reproduce,edit, exceed$100,000)as required by Federal regulations,and adapt,modify or otherwise use the Work Product,that the shall promptly advise the County of any material change in Contractor may have or may hereafter acquire in the Work any of the information reported on such Certification,and Product,including all intellectual property rights therein,in shall otherwise comply with,and shall assist the County in any manner or medium throughout the world in perpetuity complying with,said regulations as now in effect or as without compensation. This includes,but is not limited to, amended during the term of this Contract. the right to reproduce and distribute the Work Product in electronic or optical media,or in CD-ROM,on-line or 25. Record Retention similar format. The Contractor shall retain all accounts,books,records, b. Patents and other documents relevant to the Contract for seven(7) years after final payment is made by the County. Federal, If the Contractor develops,invents,designs or creates any State,and/or County auditors and any persons duly idea,concept,code,processes or other work or materials authorized by the County shall have full access and the during the Term,or as a result of any Services performed right to examine any of said materials during said period. under the Contract("patent eligible)subject matter"),it Such access is,granted notwithstanding any exemption shall be the sole property of the County. The Contractor from disclosure that may be claimed for those records hereby assigns to the County its entire right,title and which are subject to nondisclosure agreements,trade interest,if any,to all patent eligible subject matter,and secrets and commercial information or financial agrees to do all acts and execute all documents,and to use information that is privileged or confidential Without its best efforts to ensure that its employees,consultants, limiting the generality of the foregoing,records directly subcontractors,vendors and agents do all acts and execute related to contract expenditures shall be kept for a period of any documents,necessary to vest ownership in the County ten(10)years because the statute of limitations for the New of any and all patent eligible subject matter. The York False Claims Act(New York False Claims Act§ 192) Contractor may not apply for or secure for itself patent is ten(10)years. protection. The County reserves to itself,and the Contractor hereby gives to the County,and to any other 26. Contract Agency Performance Measures and Reporting person designated by the County,consent to produce or Requirements—Local Law No.41-2013 otherwise use any item so discovered and/or the right to secure a patent for the discovery or invention. This a. If payment under this Contract may exceed paragraph shall survive any completion,expiration or $50,000,it is subject to the requirements of Suffolk County termination of this Contract. Local Law No.41-2013,a Local Law to Implement Performance Measurement to Increase Accountability and 22. Arrears to County Enhance Service Delivery by Contract Agencies(Article VIII of Chapter 189 of the Suffolk County Code)as set Contractor warrants that,except as may otherwise be forth in Article IV entitled "Suffolk County Legislative authorized by agreement, it is not in arrears to the County Requirements." upon any debt,contract,or any other lawful obligation,and is not in default to the County as surety. b. The Contractor shall cooperate with the Department in all aspects necessary to help carry out the 23. Lawful Hiring of Employees Law in Connection with requirements of the Law.Based on criteria established by 22 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -UVIOA and/or SWEP 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 23 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA acrd/or SWEP Suffolk County Living Wage Form LW-38;entitled Article IV "Suffolk County Department of Labor—Living Wage Unit Suffolk County Legislative Requirements Living Wage Certification/Declaration—Subject To Audit." NOTE:THE CONTRACTOR'S COMPLETED LEGISLATIVE REQUIRED FORMS REFERENCED HEREIN ARE 3. Use of County Resources to Interfere with Collective AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON Bargaining Activities THE SIGNATURE PAGE OF THIS CONTRACT. It shall be the duty of the Contractor to read,become r familiar with,and comply with the requirements of Article I 1. Contra ctor'sNendor's Public Disclosure Statement of Chapter 803 of the Suffolk County Code. It shall be the duty of the Contractor to read,become County Contractors(as defined by section 803-2)shall familiar with,and comply with the requirements of section comply with all requirements of Chapter 803 of the Suffolk A5-8 of Article V of the Suffolk County Code County Code, including the following prohibitions: Unless certified by an officer of the Contractor as being a. The Contractor shall not use County funds to exempt from the requirements of section A5-8 of Article V assist,promote,or deter union organizing. of the Suffolk County Code,the Contractor represents and warrants that it has filed with the Comptroller the verified b. No County funds shall be used to reimburse the public disclosure statement required by Suffolk County Contractor for any costs incurred to assist, Administrative Code Article V,section A5-8 and shall file promote,or deter union organizing, an update of such statement with the Comptroller on or before the 31 st day of January in each year of the C. No employer shall use County property to hold a Contract's duration. The Contractor acknowledges that meeting with employees or supervisors if the such filing is a material,contractual and statutory duty and purpose of such meeting is to assist,promote,or that the failure to-file such statement shall constitute a deter union organizing. material breach of the Contract,for which the County shall f be entitled,upon a determination that such breach has If the Services are performed on County property,the occurred,to damages,in addition to all other legal Contractor must adopt a reasonable access agreement,a remedies,of fifteen percent(15%)of the amount of the neutrality agreement,fair communication agreement,non- Contract. intimidation agreement,and a majority authorization card agreement. Required Form: Suffolk County Form SCEX 22;entitled If the Services are for the provision of human services and "Contractor's/Vendor's Public Disclosure Statement" are not to be performed on County property,the Contractor must adopt,at the least,a neutrality agreement. 2. Living Wage Law Under the provisions of Chapter 803,the County shall have It shall be the duty of the Contractor to read,become the authority,under appropriate circumstances,to terminate familiar with,and comply with the requirements of Chapter the Contract and to seek other remedies as set forth therein, 575,of the Suffolk County Code. for violations of this Law. This Contract is subject to the Living Wage Law of the, Required Form: County of Suffolk. The law requires that,unless specific Suffolk County Labor Law Form DOL LO1;entitled exemptions apply,all employers(as defined)under service "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 4. Lawful Hiring of Employees Law Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law,the County It shall be the duty of the Contractor to read,become shall have the authority,under appropriate circumstances, familiar with,and comply with the requirements of Article to terminate the Contract and to seek other remedies as set II of Chapter 353 of the Suffolk County Code. forth therein,for violations of this Law. This Contract is subject to the Lawful Hiring of Employees Required Forms: Law of the County of Suffolk.It provides that all covered employers,(as defined),and the owners thereof,as the case Suffolk County Living Wage Form LW-1;entitled"Suffolk may be,that are recipients of compensation from the County Department of Labor—Living Wage Unit Notice of County through any grant,loan,subsidy,funding, Application for County Compensation(Contract)." appropriation,payment,tax incentive,contract, subcontract,license agreement,lease or other financial 24 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP compensation agreement issued by the County or an Required Forms: awarding agency,where such compensation is one hundred percent(100°/x)funded by the County,shall submit a Suffolk County Lawful Hiring of Employees Law Form completed sworn affidavit(under penalty of perjury),the LHE-1;entitled"Suffolk County Department of Labor— form of which is attached,certifying that they have Notice Of Application To Certify Compliance With Federal complied,in good faith,with the requirements of Title 8 of Law(8 U.S.C.Section 1324a)With Respect To Lawful the United States Code Section 1324a with respect to the Hiring of Employees." hiring of covered employees(as defined)and with respect to the alien and nationality status of the owners thereof. Suffolk County Lawful Hiring of Employees Law Form The affidavit shall be executed by an authorized LHE-2;entitled"Affidavit Of Compliance With The representative of the covered employer or owner,as the Requirements Of 8 U.S.C.Section 1324a With Respect To case may be;shall be part of any executed contract, Lawful Hiring Of Employees" subcontract,license agreement,lease or other financial compensation agreement with the County;and shall be 5. Gratuities made available to the public upon request. It shall be the duty of the Contractor to read,become All contractors and subcontractors(as defined)of covered familiar with,and comply with the requirements of Chapter employers,and the owners thereof,as the case may be,that 664 of the Suffolk County Code. are assigned to perform work in connection with a County contract,subcontract,license agreement,lease or other The Contractor represents and warrants that it has not financial compensation agreement issued by the County or offered or given any gratuity to any official,employee or awarding agency,where such compensation is one hundred agent of the County or the State or of any political party, percent(100%)funded by the County,shall submit to the with the purpose or intent of securing an agreement or covered employer a completed sworn affidavit(under securing favorable treatment with respect to the awarding penalty of perjury),the form of which is attached, or amending of an agreement or the making of any certifying that they have complied,in good faith,with the determinations with respect to the performance of an requirements of Title 8 of the United States Code Section agreement. 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the 6. Prohibition Against Contracting with Corporations owners thereof,as the case may be. The affidavit shall be that Reincorporate Overseas executed by an authorized representative of the contractor, subcontractor,or owner,as the case may be;shall be part of It shall be the duty of the Contractor to read,become any executed contract,subcontract,license agreement,lease familiar with,and comply with the requirements of sections or other financial compensation agreement between the A4-13 and A4-14 of Article IV of the Suffolk County covered employer and the County;and shall be made Code, available to the public upon request. The Contractor represents that it is in compliance with An updated affidavit shall be submitted by each such sections A4-13 and A4-14 of Article IV of the Suffolk employer,owner,contractor and subcontractor no later County Code. Such law provides that no contract for than January 1 of each year for the duration of any contract consulting services or goods and services shall be awarded and upon the renewal or amendment of the Contract,and by the County to a business previously incorporated within whenever a new contractor or subcontractor is hired under the U.S.A.that has reincorporated outside the U.S.A. the terms of the Contract. 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 It shall be the duty of the Contractor to read,become of the Contract. familiar with,and comply with the requirements of Article II of Chapter 880 of the Suffolk County Code. Under the provisions of the Lawful Hiring of Employees The Contractor shall comply with Article II of Chapter 880, Law,the County shall have the authority to terminate the of the Suffolk County Code,entitled"Child Sexual Abuse Contract for violations of this Law and to seek other remedies available under the law. Reporting Policy,"as now in effector amended hereafter or of any other Suffolk County Local Law that may become The documentation mandated to be kept by this law shall at applicable during the term of the Contract with regard to all times be kept on site. Employee sign-in sheets and child sexual abuse reporting policy, register/log books shall be kept on site at all times during working hours and all covered employees,as defined in the 8. Non Responsible Bidder law,shall be required to sign such sign-in sheets/register/log books to indicate their presence on the It shall be the duty of the Contractor to read,become site during such working hours. familiar with,and comply with the requirements of Article II of Chapter 189 of the Suffolk County Code. 25 of 33 pages Rev. 02-07-17; Law No. Worksite MOU-WIOA and/or SWEP with,and comply with the requirements of Suffolk County Upon signing the Contract,the Contractor certifies that it Local Law No. 20-2013, a Local Law to Safeguard the has not been convicted of a criminal offense within the last Personal Information of Minors in Suffolk County. ten(10)years. The term"conviction"shall mean a finding of guilty after a trial or a plea of guilty to an offense All contract agencies that provide services to minors are covered under section 189-5 of the Suffolk County Code required to protect the privacy of the minors and are strictly under"Nonresponsible Bidder." prohibited from selling or otherwise providing to any third party,in any manner whatsoever,the personal or identifying 9. Use of Funds in Prosecution of Civil Actions information of any minor participating in their programs. Prohibited 13. Contract Agency Performance Measures and It shall be the duty of the Contractor to read,become Reporting Requirements familiar with,and comply with the requirements of Article III of Chapter 893 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar with,and comply with the requirements of Suffolk County The Contractor shall not use any of the moneys,in part or —Local Law No. 41-2013, a Local Law to Implement in whole, and either directly or indirectly,received under Performance Measurement to Increase Accountability and the Contract in connection with the prosecution of any civil Enhance Service Delivery by Contract Agencies(Article VIII action against the County in any jurisdiction or any judicial of Chapter 189 of the Suffolk County Code). or administrative forum. All contract agencies having a contract in excess of 10. Youth Sports $50,000 shall cooperate with the contract's administering department to identify the key performance measures It shall be the duty of the Contractor to read,become related to the objectives of the service the contract agency familiar with,and comply with Article III of Chapter 730 of provides and shall develop an annual performance the Suffolk County Code. reporting plan.The contract agency shall cooperate with the administering department and the County Executive's All contract agencies that conduct youth sports programs Performance Management Team to establish working are required to develop and maintain a written plan or groups to identify appropriate performance indicators for policy addressing incidents of possible or actual concussion monthly evaluation of the contract agency's performance or other head injuries among sports program participants. 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 Contract or exercise such other remedies as may be appropriate in the circumstances. 12. Safeguarding Personal Information of Minors ti It shall be the duty of the Contractor to read,become familiar 26 of 33 pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP 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 C. Payment by County shall prepare and present a Suffolk County Payment Voucher,which shall be documented by Payment by the County shall be made within sufficient,competent and evidential matter. Each thirty(30)days after approval of the Suffolk Suffolk County Payment Voucher submitted for payment is subject to Audit at any time during County Payment Voucher by the Comptroller. the Term or any extension thereof. This d. Budget Modification provision shall survive expiration or termination 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 3151 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 \ ii of the payment for-the Services or expenditures- .) Such request must be made in advance under the Contract e.g.dates of the Service, h incurring any expenditure dor which t worksite locations,activities,hours worked,pay the revision is needed. rates and all program Budget categories. The Suffolk County Payment Voucher shall include iii.) Upon complete execution of the Budget time records,certified by the Contractor as true Modification form,the County shall and accurate,of all personnel for whom return a copy to the Contractor. The revision shall not be effective until the expenditures are claimed during the period. Budget Modification is completely Time and attendance records of a project director, if any,shall be certified by the Chairperson, executed. President or other designated member of the Board of Directors of the Contractor. All Suffolk iv.) The Budget Modification form may County Payment Vouchers must bear a signature submitted only twice per calendar year as that term is defined pursuant to New York and may 'h e submitted prior to State General Construction Law§46 by duly Novemberr 1 155 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 comply with accounting procedures as set forth involving any change to the total cost by the Suffolk County Department of Audit and of the Contract due to a resolution of Control. Documentation,including any other the Legislature,changes to the form(s)required by County or the Suffolk County's adopted annual budget,or for any other reason necessitating revisions Page 27 of 33 Pages Rev. 02-07-17; Lave No. Worksite MOU -WIOA and/or SWEP to the Budget or Services. ii.) When the County and the Contractor C. The County may,during the Term,impose a Budget Deficiency Plan. In the event that a agree as to such revisions,the Budget Deficiency Plan is imposed,the County Department will enter the information shall promptly notify the Contractor in writing of into the send it to the Revisions the terms and conditions thereof,which shall be form and send it to the Contractor for deemed incorporated in and made a part of the • signature.The Contractor shall return it Contract,and the Contractor shall implement to the County for execution along with those terms and conditions in no less than any other documentation the fourteen(14)days. Department may require. 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 a. Upon request,the Contractor shall submit to the shall not be effective until the Budget County a current copy,certified by the /Services Revisions is completely Contractor as true and accurate,of its executed. f. Taxes i.) salary scale for all positions listed in the Budget; The charges payable to the Contractor under the ii.) personnel rules and procedures; Contract are exclusive of federal,state,and local taxes,the County being a municipality exempt iii,) pension plan and any other employee from payment of such taxes. benefit plans or arrangements. g. Final Voucher , b. The Contractor shall not be entitled to reimbursement for costs under any pension or The acceptance by the Contractor of payment of benefit plan the Comptroller deems commercially all billings made on the final approved Suffolk unreasonable. County Payment Voucher shall operate as and shall be a release of the County from all claims C. Notwithstanding anything in this paragraph 3 of by the Contractor through the date of the this Article V,the County shall not be limited in Voucher. requesting such additional financial information it deems reasonable. 2. Sdbject to Appropriation of Funds 4. Accounting Procedures a. The Contract is subject to the amount Iof funds appropriated each fiscal year and any subsequent a. The Contractor shall maintain accounts,books, modifications thereof by the County Legislature records,documents,other evidence,and and no liability shall be incurred by the County accounting procedures and practices which beyond the amount of funds appropriated each sufficiently and properly reflect all direct and fiscal year by the County Legislature for the indirect costs of any nature expended in the Services. performance of the Contract,in accordance with generally accepted accounting principles and b. If the County fails to receive Federal or State with rules,regulations and financial directives,as funds originally intended to pay for the Services, may be promulgated by the Suffolk County or to reimburse the County,in whole or in part, Department of Audit and Control and the for payments made for the Services,the County Department. The Contractor shall permit shall have the sole and exclusive right to: inspection and audit of such accounts,books, records,documents and other evidence by the i.) determine how to pay for the Services; Department and the Suffolk County Comptroller, or their representatives,as often as,in their ii.) determine future payments to the judgment,such inspection is deemed necessary. Contractor;and Such right of inspection and audit as set forth in subparagraph b. below shall exist during the iii.) determine what amounts,if any,are Term and for a period of seven(7)years after reimbursable to the County by the expiration or termination of the Contract. Contractor and the terms and conditions under which such b. The Contractor shall retain all accounts,books, reimbursement shall be paid. records,and other documents relevant to the Page 28 of 33 Pages Rev. 02-07-17; Law No. Worksite MOU -WIOA and/or SWEP 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 audited financial statements claimed for those records which are subject to including respective Management Letters must be nondisclosure agreements,trade secrets and emailed to the Executive Director of Auditing commercial information or financial information Services at Audits asuffolkcountyny.govwithin that is privileged or confidential. thirty(30)days after completion of the audit,but in no event later than nine(9)months after the C. The Contractor shall utilize the accrual basis of end of the Contractor's fiscal year,to which the accounting and will submit all financial'reports audit relates. The Contractor may solicit and claims based on this method of accounting requests for proposals from a number of qualified during the Term. accounting firms and review carefully the costs of,and qualifications for,this type of work before 5. Audit of Financial Statements selecting the Auditor. a. All payments made under the Contract are b. The Auditor should be required to meet the subject to audit by the Comptroller pursuant to following minimum requirements: Article V of the Suffolk County Charter. The i.) a current license issued by Contractor further agrees that the Comptroller the New York State and the Department shall have access to and the Education Department; right to examine,audit,excerpt,copy or transcribe any pertinent transactions or other ii.) sufficient auditing experience records relating,to services under the Contract. If in the not-for-profit, such an audit discloses overpayments by the governmental or profit- County rofitCounty to the Contractor,within thirty(30)days malting areas,as applicable; after the issuance of an official audit report by the and Comptroller or his duly designated iii.) a satisfactory peer review representatives,the Contractor shall repay the issued within not more than amount of such overpayment by check to the order of the Suffolk County Comptroller or shall three(3)years prior tthe submit a proposed plan of repayment to the date when the Auditorr was selected to conduct the audit. Comptroller. If there is no response,or if satisfactory repayments are not made,the County C. The audit must be conducted in accordance with may recoup overpayments from any amouits due generally accepted governmental auditing or becoming due to the Contractor from the standards. Financial statements must clearly County under the Contract or otherwise. differentiate between County-funded programs and other programs that the Contractor may be b. The provisions of this paragraph shall survive the operating. The use of subsidiary schedules expiration or termination of the Contract for a should be encouraged for this purpose. The period of seven(7)years,and access to records Auditor must also prepare a Management Letter shall be as set forth in paragraph 25 of Article III, based on the audit. and paragraph 4(b)of Article V. d. "Subrecipients"—FederallyFunded Programs and 6. Financial Statements and Audit Requirements Grants a. Notwithstanding any other reporting or i.) In the event the Contractor is a"Subrecipient"as certification requirements of Federal,State,or that term is defined in 2 CFR§200.93 and the local authorities,the Contractor shall-obtain the Contractor expends seven hundred fifty thousand services of an independent licensed public ($750,000.00)dollars or more of Federal accountant or certified public accountant(the moneys,whether as a recipient expending awards "Auditor")to audit its financial statements for received directly from Federal awarding agencies each Contractor's"fiscal year"in which the or as a Contractor expending Federal awards Contractor has received,or will receive,three received from a pass-through entity such as New hundred thousand($300,000.00)dollars or more York State and/or Suffolk County,during any from the County,whether under the Contract or fiscal year within which it receives funding under other agreements with the County,and shall the Contract,the audit referred to under this submit a report to,the County on the overall paragraph 6 must be conducted and any the audit report must be in accordance with OMB Page 29 of 33 Pages Rev. 02-07-17; Law No. Worksite,MOU-W1OA and/or SWEP Uniform Grant Guidance—2 CFR Part 200 g. The provisions of this paragraph 6 shall survive ("Single Audit Report"). Single Audit Reports the expiration or termination of the Contract. must also be uploaded to the Federal Audit Clearinghouse,to the extent required by the 7. Furniture,Fixtures,Equipment,Materials,Supplies OMB Uniform Grant Guidance referred to above. In addition,the Single Audit Report,respective a. Purchases,Rentals or Leases Requiring Prior financial statements and any Management Letters Approval must be submitted to the Department set forth on page one of this Contract and emailed to the Prior to placing any order to purchase,rent or Executive Director of Auditing Services at lease any furniture,fixtures,or equipment valued subrecipientmonitoring_a,suffolkcountyny_gov in excess of one thousand dollars($1,000.00)per within thirty(30)days after completion of the unit for which the Contractor will seek audit but in no event later than nine(9)months reimbursement from the County,the Contractor after the end of the Contractor's fiscal year,to shall submit to the County a written request for which audit relates. approval to make such a proposed purchase, rental or lease,with a list showing the quantity 11.) In the event the Contractor is a and description of each item,its intended "Subrecipient"as that term is defined in 2 CFR§ location and use,estimated unit price or cost,and 200.93 and the Contractor expends less than estimated total cost of the proposed order. seven hundred fifty thousand($750,000.00) Written approval of the County shall be required dollars of Federal moneys,whether as a recipient before the Contractor may proceed with such expending awards received directly from Federal proposed purchase,rental or lease of furniture, awarding agencies or as a Contractor expending fixtures or equipment. All items purchased must Federal awards received from a pass-through be new or like new unless specifically described entity such as New York State and/or Suffolk otherwise in the Budget. County,during any fiscal year the Contractor must email a certified Exemption Letter,the form b. Purchase Practices/Proprietary Interest of of which shall be provided by the Department,on County the Contractor's Letterhead and a Schedule of Federal Funds Expended to the respective County i.) The Contractor shall follow the general Department and the Executive Director of practices that are designed to obtain Auditing Services at furniture,fixtures,equipment, subrecipientmonitoring asuffolkcountxny.eov materials,or supplies at the most within thirty(30)days of the end of the reasonable price or cost possible. Contractor's fiscal year. The Schedule of Federal Funds,Expended must include all Federal ii.) The County reserves the right to funding received directly from the Federal purchase or obtain furniture,fixtures, government and all Federal funds passed through equipment,materials,or supplies for from the County and other pass-through entities. the Contractor in accordance with the programmatic needs of the Contract. If iii.) Subrecipients may include,but not the County exercises this right,the necessarily be limited to,not-for-profit amount budgeted for the items so organizations;units of state government or a unit purchased-6r obtained by the County of local governments. for the Contractor shall not be available to the Contractor for any purpose e. Copies of any other audit reports including oversight whatsoever. Title to any such items agency audits must be submitted to the Department purchased or otherwise obtained by the set forth on page one of this Contract and emailed to County for the programs encompassed the Executive Director of Auditing Services at by the Contract and entrusted to the Audits asuffolkcountyny.govwithin thirty(30)days Contractor,shall remain in the County. after completion of the audit(s). iii.) The County shall retain a proprietary f. The requirements set forth in this paragraph 6 interest in all furniture,removable shall not preclude the authorized representatives of fixtures,equipment,materials,and the County,the Comptroller,or Federal or State supplies purchased or obtained by the entities from conducting any other duly authorized Contractor and paid for or reimbursed audit(s)of records of the Contractor. The to the Contractor pursuant to the terms Contractor shall make such records available to of the Contract or any prior agreement authorized representatives of Federal,State and between the parties. County government for that purpose. iv.) The Contractor shall attach labels Page 30 of 33 Pages i Rev. 02-07-17; Law No. Worksite MOU-WIOA and/or SWEP indicating the County's proprietary equipment,material or supplies,the Contractor interest or title in all such property shall immediately notify the police and make a record thereof,including a record of the results of C. County's Right to Take Title and Possession any investigation which may be made thereon. In the event of loss of or damage to any item of Upon the termination or expiration of the furniture,fixtures,equipment,materials,or Contract or any renewal thereof,the supplies from any cause,the Contractor shall discontinuance of the business of the Contractor, immediately send the County a detailed written the failure of the Contractor to comply with the report thereon. terms of the Contract,the bankruptcy of the Contractor,an assignment for the benefit of its f. Disposition of Property in Contractor's creditors,or the failure of the Contractor to Custody satisfy any judgment against it within thirty(30) days of filing of the judgment,the County shall Upon termination of the County's funding of any have the right to take title to and possession of all of the Services covered by the Contract,or at any furniture,removable fixtures,equipment, other time that the County may direct,the materials,and supplies and the same shall Contractor shall make access available and render thereupon become the property of the County all necessary assistance for physical removal by without any claim for reimbursement on the part the County or its designee of any or all furniture, of the Contractor. removable fixtures,equipment,materials or supplies in the Contractor's custody in which the d. Inventory Records,Controls and Reports County has a proprietary interest,in the same condition as such property was received by the The'Contractor shall maintain proper and Contractor,reasonable wear and tear excepted. accurate inventory records and controls for all Any disposition,settlements or adjustments such furniture,removable fixtures and equipment connected with such property shall be in acquired pursuant to the Contract and all prior accordance with the rules and regulations of the agreements between the parties,if any. Three(3) County and the State of New York. months before the expiration date of the Contract, the Contractor shall make a physical count of all g. Lease or Rental Agreements items of furniture,removable fixtures and equipment in its custody,checking each item If lease payments or rental costs are included in the Budget against the aforesaid inventory records. A report as an item of expense reimbursable by the County,the setting forth the results of such physical count Contractor shall promptly submit to the County,upon shall be prepared by the Contractor on a form or request,any lease or rental agreement. If during the Tenn, forms designated by the County,certified and the Contractor shall enter into a lease or rental agreement, signed by an authorized official of the or shall renew a lease or rental agreement,the Contractor Contractor,and one(1)copy thereof shall be shall,prior to the execution thereof,submit such lease or delivered to the County within five(5)days after rental agreement,to the County for approval. the date set for the aforesaid physical count. 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 ac submit a Statement of Other Contracts to the County. If the the Contractor,based on a physical count of all Contract is amended during the Term,or if the County fC of furniture,removable fixtures and exercises its option right,the Contractor shall submit a then current Statement of Other Contracts. equipment on the aforesaid expiration date,and revised,if necessary,to include any inventory changes during the last three(3)months of the 10. Miscellaneous Fiscal Terms and Conditions Term. a. Limit of County's Obligations e. Protection of Property in Contractor's Custody The maximum amount to be paid by the County is set forth on the first page of the Contract. The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, b. Duplicate Payment from Other Sources fixtures,equipment,material or supplies in its custody against damage or loss by fire,burglary, Payment by the County'for the Services shall not theft,disappearance,vandalism,or misuse.In the duplicate payment received by the Contractor event of burglary,theft,vandalism,or from any other source. disappearance of any item of furniture,fixtures, Page 31 of 33 Pages Rev. 02-07-17; Laws No. Worksite MOU -W10A and/or SWEP C. Funding Identification made until the Contractor submits documentation in the manner and form as shall be required by The Contractor shall promptly submit to the State and/or Federal agency. If late submission County upon request,a schedule for all programs of claims precludes the County from claiming funded by the County,itemizing for each such State or Federal reimbursement,such late claims program the sums received,their source and the by the Contractor shall not be paid by the County total program budget. subject to subparagraph g.below,if,for any reason,the full amount of such funding is not d. Outside Funding for Non-County Funded made available to the County,the Contract may Activities be terminated in whole or in part,or the amount payable to the Contractor may be reduced at the Notwithstanding the foregoing provisions of the discretion of the County,provided that any such Contract,it is the intent of the County that the termination or reduction shall not apply to terms and conditions of the Contract shall not allowable costs incurred by the Contractor prior limit the Contractor from applying for and to such termination or reduction,and provided accepting outside grant awards or from providing that money has been appropriated for payment of additional educational activities/seryices which such costs. may result in the Contractor incurring additional g. Denial of Aid costs,as long as the following conditions are met: If a State or Federal government agency is i.) The County is not the Fund Source for funding the Contract and fails to approve aid in the additional services; • reimbursement to the County for payments made hereunder by the County to the Contractor for ii.) Sufficient funding is available for or expenditures made during the Term because of can be generated by the Contractor to any act,omission or negligence on the part of the cover the cost incurred by the Contractor,then the County may deduct and Contractor to provide these additional withhold from any payment due to the.Contractor services;and an amount equal to the reimbursement denied by iii.) If sufficient funding is not available or the state or federal government agency,and the cannot be generated,the County shall County's obligation to the Contractor shall be not be held liable for any of the reduced by any such amounts. In such an event, additional costs incurred by the 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 County,the Contractor shall reimburse the iv.) Prior to scheduling any such additional County for the amount of the balance due the services on County-owned property, County,payable to the Suffolk County the Contractor shall obtain written Comptroller.The provisions of this subparagraph County approval. The Contractor shall, shall survive the expiration or termination of the to the County's satisfaction,submit any 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 E Payments Contingent upon State/Federal forth on the first page of the Contract. Funding j. Payments under the Contract may be subject to Payments Limited to Actual Net Expenditures 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 Page 32 of 33 Pages Rev. 02-07-17; Law No. Worksite MOU-WIOA and/or SWEP r amount less than,or receive amounts more than, provided in the Budget,the total cost of the n. Contractor Vacancies Contract shall be reduced to the net amount of actual Contractor expenditures made for such The County shall have the right of prior approval purposes. The total amount to be paid by the of the Contractor's filling of any vacant position County shall not exceed the lesser of(i)actual as of the date of execution of the Contract or as net expenditures or(ii)the total cost of the may thereafter become vacant,and,in the Contract on the cover page and in the Budget. exercise of that right.The County may Upon termination or expiration of the Contract,if promulgate reasonable regulations involving the Contractor's total amount of allowable filling of vacancies which shall be deemed to be expenses is less than the total amount of the incorporated by reference in,and be made part payments made during the Term,the Contractor of,the Contract,provided,however,that subject shall prepare a check payable to the Suffolk to the availability of funding,approval for the County Comptroller for the difference between hiring of replacement clerical shall be a the two amounts and submit such payment to the Contractor determination. County,along with the final Suffolk County Payment Voucher o. No Limitation On Rights k. Travel,Conference,and Meeting Attendance: Notwithstanding anything in this Article V to the SOP A-07 Amendment 1 contrary,the County shall have available to it all rights and remedies under the Contract and at law Reimbursement to the Contractor for travel costs and equity, shall not exceed amounts allowed to County employees.All conferences that are partially or P. Comptroller's Rules and Regulations fully funded by the County that the Contractor's staff wishes to attend must be pre-approved, in The Contractor shall comply with the writing,by the County and must be in "Comptroller's Rules and Regulations for compliance with Suffolk County'Standard Consultant's Agreements"as promulgated by the Operating Procedure A-07 which may be viewed Department of Audit and Control of Suffolk online at the County's website, County and any amendments thereto during the SuffollcCountyny.gov;go to"Government,"then Term of the Contract. The"Comptroller's Rules "Comptroller,"then"Consultant's Agreements." and Regulations for Consultant's Agreements" and"SOP A-07 Amendment I"may be viewed 1. Salaries online at the County's website, SuffolkCountyny.gov;go to"Government,"then The Contractor shall not be eligible to receive - "Comptroller,"then"Consultant's Agreements." 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, End of Article V 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. THIS SPACE LEFT INTENTIONALLY BLANK Page 33 of 33 Pages CERTIFICATION REGARDING LOBBYING:,DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS AND DRUG-FREE WORKPLACE REQUIREMENTS Applicant should refer to the regulations cited below to determine the certification included in the regulations before completing the form. Signature of this form provides for compliance with certification requirements under 34 CFR Part 82,"New Restrictions on Lobbying,"and 34 CFR Part 85,"Government-wide Debarment and Suspension(Non-Procurement)and representation of fact upon which reliance will be placed when the Department of Labor determines to award the covared transaction grant,or cooperative agreement. I, LOBBYING As required by Section 1352,Title 31 of the U.S.Code and implemented at 34 CFR Part 82 for persons entering into a grant or cooperative agreement over$100,000,as defined at 34 CFR Part 82, Section 8:2.105 and 82.110,_the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any persons for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with tare malting of any Federal grant,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal grant or cooperative agreement. (b) If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of a member of Congress in connection with the making of any Federal grant,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement all certifications pursuant to such payments have been or will be filed as required under 34 CFR Part 82, Section 82.100(a-e). (c) The undersigned shall require that the language of the certifications referenced in 1(b)be included in the award documents for all subawards at all tiers (including subgranfs , contracts under grants and cooperative agreements and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS As required by Executive Order,12549,Debarments and Suspension,and implemented at 34 CFR Part 85,for prospective participants in primary covered transactions, as defined at 34 CFR part 85, Sections 83.105 and 85.110. A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for d:barment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department of agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal, State or local)transaction or contracts under a public transaction,violation of federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; (c) Are not presently under indictment or otherwise criminally or civilly charged by a Government entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph A(b)of the certification;and (d) Have not within a three-year period preceding this application had one or more public transactions(Federal,State and local)for cause or default;and B. Where the applicant is unable to certify to any of the statements in this certification,he or she shall attach and explanation to this application. 3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988,and implemented at 34 CFR part 85,Subpart F,for grantees,as defined at 34 CFR Part 85, Sections 85.605 and 85.610. A. The applicant that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling,rehabilitation,and employee assistance program;and 4. The penalties that may be imposed upon employee for drug abuse violation occurring in the workplace: GM-50 1-13 (c) Making it a requirement thatemployee each em to ee to bi engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d) Notifying the employee in the statement required b�paragraph(a)that as a condition of employment under the grant,the employee will: 1. Abide by the terms of the statement and; 2. Notify the employer in writing of his or her conviction for z violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency,in writing within 10 calendar days after having received notice under subparagraph(dx2)from an employee or otherwise receiving actual police of such conWction. Employers of convicted employees must provide notice, including position title,to: Director,Grants ManagementB I reau,S--.ate Office Building Campus,Albany,New York 12240. Notice shall include the identification number(s)of each affected grant. (f) Taking one of the following action,within 30 calLdar days of receiving notice under subparagraph(dx2),with respect to any employee who is so convicted: 1. Taking appropriate personnel action against such In employee,up to and including termination,consistent with the Requirements of the Rehabilitation Act of 1973, as amended;o 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement,or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a),(b),(c),(d), (e),(fl, B. The grantee may insert in the space provided beldlw the si te(s)for the performance of work done in connection with this specific grant. Place of Performance(street,address, city,county,state,zip code). DRUG-FREE WORKPLACE(GRANTEES WHO A II E INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988,and implerr ented at 34 CFR part 85,Subpart F,for grantees,as defined at 34 CFR Part 85, Sections 85.605 and 85.610. A. As a condition of the grant,I certify that I will note gage in the unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance in conducting any activity Ah the graft;and B. If convicted of a criminal drug offense resulting fro�rr a violation occurring during the conduct of any grant activity,I will reportthe conviction, in writing,within I0 calendar days of t1ie conviction,to: Director,grants Management Bureau,State Office Building Campus,Albany,NY 12240. Notice shall includ I the identification number(s)of each affected grant. ❑Check if there are workplaces on file that are not identified h.-re. As the duly authori2ed representative of the applicant,I hireby certify that the applicarit will comply with the above certifications. Town of Southold Name of Applicant/Grantee/Subgrantee Scott A.Russell, Supervisor Printed Name and Title of orized resentative Signature Date I GM-50 1-13 R w` �� Frank Nardelli Steven Bellone Commissioner Suffolk County Executive SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS UNION ORGANIZING CERTIFICATION/DECLARATION- SUBJECT TO AUDIT If the following definition of-county contractor"(union Organizing Law Chapter 803)applies to the contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I, III, and IV below. If the following definitions do not apply,the contractor/beneficiary must complete Sections II,III and IV below. Completed forms must be submitted to the awarding agency. County Contractor:"Any employer that receives more than$50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies;pursuant to a Suffolk County grant; pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year;or pursuant to a subcontract with any of the above" Section I The Union Organizing Law applies to this contract.I/we:hereby agree to comply with all the provisions of Suffolk County ❑ Local Law No.26-2003,the Suffolk County Union Organizing Law(the law)and,as to the goods and/or services that are the subject of the contract with the County of Suffol'c shall not use County funds to assist, promote, or deter union Check if organizing(Chapter 803-3),nor seek reimbursement from the County for costs incurred to assist,promote,or deter union Applicable organizing. I/we further agree to take all action necessary to ensure that County funds are notused to assist,promote,or deter union organizing. I/we further agree that I/we will not use County property to hold meetings to assist, promote,or deter union organizing. I/we further agree that if any expenditures or costs incurred to assist,promote,or deter union organizing are made, I/we shall maintain records sufficient to show that no County funds were used for those expenditures and,as applicable,that no reimbursement from County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority,the County Canptroller,or the County Department of Law upon request. I/we further affirm to the following as to the goods and/or services that are the subject of the contract with the County of Suffolk: • I/we will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; • I/we will not coerce or intimidate employee:,explicitly or implicitly, in selecting or not selecting a bargaining representative; • I/we will not require an employee,individually or in a group,to attend a meeting or an event that is intended to influence his or her decision in selecting or not selecting a bargaining representative; • I/we understand my/our obligation to limit disruptions caused by pre-recognition labor disputes through the adoption of non-confrontational procedures-'or the resolution of pre-recognition labor disputes with employees engaged in the production of goods or the rendering of services for the County;and • Uwe have or will adopt any or all of the above-referenced procedures,or their functional equivalent,to ensure the efficient,timely, and quality provision of gods and services to the County. Uwe shall include a list of said procedures in such certification. Section II The Union Organizing Law does not apply to this contract for the following reason(s): Non-Financial Agreement Check if Applicable D L- 1/15 Section III Town of Southold Federal Employer ID#: 11-6001939 Contractor Name: 53095 Route 25 / PO Box 1179 Amount of Assistance: 0 Contractor Address: Southold, NY 11971-0959 Vendor#: N/A Contractor Phone#: (031- IV -I I?gel Description of project or service: Worksite for Eligible Participants Section IV In the event any part of the Union Organizing Law, Chapter 803 of the Laws of Suffolk County, is found by a court of competent jurisdiction to be preempted by federal and/or state law,this certification/declaration shall be void ab initio. Section V I declare under penalty of erjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the above is and correc Authorized Signature Date Scott A. Russell, Supervisor Print Name and Title of Authorized Representative DOL-1,01 1115 Steven Bellone I�� Frank(Vardelli Commissioner Suffolk County Executive LIVING WAGE CERTIFICATION/D]ECLARATION- SUBJECT TO AUDIT If either of the following definitions of`compensation'(Living Wage Law Chapter 575—2)applies to the contractor's/recipient's business or transaction with Suffolk County,the contractor/recipient must complete Sections 1,3,4 below;and Form LW-1(Notice of Application for County Compensation). If the following definitions do not apply, the contractor/recipient must complete Sections 2,3 and 4 below. Completed forms must be submitted.to the awarding agency. "Any grant,loan,tax incentive or abatement,bond financing subsidy or other form of compensation of more than$50,000 which is realized by or provided to an employer of at least ten(10)employees by or through the authority or approval of the County of Suffolk,"or "Any service contract or subcontract let to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or commodities)which involve an expenditure equal to or greater than$10,000. For the purposes of this defmition,the amount of expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods,products,equipment, supplies or other property is not`compensation' for the purposes cf this definition." Section I Check if The Living Wage Law applies to this contract. Uwe hereby agree to comply with all the provisions of Suffolk County applicable Local Law No. 12-2001,the Suffolk County Living Wage Lew(the Law)and,as such,will provide to all full,part-time or temporary employed persons who perform work or render services on or for a project,matter,contract or subcontract where this company has received compensation,from the County of Suffolk as defined in the Law(compensation)a wage rate of no less than$12.03($9.25 for child care providers)per hour worked with health benefits,as described in the Law,or otherwise$13.69($10.50 for child care providers)per hour or the rates as may be adjusted annually in accordance with the Law. (Chapter 575-3 B) I/we further agree that any tenant or leaseholder of this company that employs at least ten(10)persons and occupies property or uses equipmentor property that is improved or developed as a result of compensation or any contractor or subcontractor ofthis company that employs at least ten(10)persons in producing or prov,ding goods or services to this company that are used in the project or matter for which this company has received compensation shall comply with all the provisions ofthe Law,including those specified above. (Chapter 575-2) I/we further agree to permit access to work sites and relevan•.payroll records by authorized County representatives for the purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter,including the production for inspection&copying of payroll records for any or all employees for the term of the contract or for five(5)years,whichever period of compliance is longer. All payroll and benefit records required by the County will be maintained for inspection for a similar period oftime.(Chapter 575-7 D) The Suffolk County Department of Labor,Licensing&Consumer Affairs shall review the records of any Covered Employer at least once every three years to verify compliance with the provisions of the Law. (Chapter 575-4 C) Section II The Living Wage Law does not apply to this contract for the following reason(s): Non-Financial Agreement Check if applicable Section III Contractor Name: Town of Southold Federal Employer ID#: 11-6001939 Contractor Address: 53095 Route 25 / PO Box 1175 Amount of compensation: o Southold,NY 11971-0959 Vendor M N/A Contractor Phone# (031--7105= 1 bN Description of project or service: Worksite for eligible participants Section IV I declare under penal of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification,and thfhe above ' true and correct. eta' r?6 Authorized Signature Date Scott A.Russell,Supervisor Print Name and Title of Authorized Representative DOL-LW38(revised 11/16) Steven Bellone °�+qHo �e�?°$ Frank Nardelli Suffolk County Executive ®� Commissioner SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING &CONSUMER AFFAIRS NOTICE OF NON-APPLICABILITY FOR COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 353 (2006) To Be Completed By Awarding Agency The Lawful Hiring of Employees Law does not apply to the covered employer,contractor or sub-contractor, listed below. Please check the appropriate box to indicate the basis for non-applicability. Contractor Name: Town of Southold Federal Employer ID# //✓ 60 Contractor Address: 53095 Route 25 / PO Box 1179 Southold, NY 11971-0959 Contractor Phone#: 631-765-1889 Description of project or service: Worksite Eligible Participants X Recipients of compensation from the County,through any grant, loan, subsidy, agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is NOT one hundred percent(100%) funded by the County. F-1 This law shall not apply to the subcontractors of not-for-profit corporations. y • Authorized County Signature ate Richard Krebs, Assistant Administrative Director Print Name and Title of Authorized County Representative DOL-LHE6 1115 SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS —LOCAL LAW COMPLIANCE UNIT NOTICE OF NON-APPLICABILITY OF LIVING WAGE LAW Living Wage Law, Suffolk County Code,Chapter 575 (2001) To Be Completed By The Local Law Compliance Unit DATE: April 24, 2017 TO: William 41 ��ssert, ndell S.C. Dept. of Labor Licensin & Consumer Affairs FROM: CarLocal Law Compliance Unit TELEPHONE #: 631853-3808 EMPLOYER: Town of Southold VENDOR#: 11-6001939 REF.: Worksite You are hereby notified that the response from Town of Southold has been evaluated by the Local Law Compliance Unit of the Suffolk County Department of Labor, Licensing & Consumer Affairs. We find that this employer is not covered by the Suffolk County Living Wage Law (Local Law #12-2001), and that the requirements of this law as currently constituted do not constrain this contractor at this time. Carolyn Bossert Local Law Compliance Unit Suffolk County Department of Labor, Licensing & Consumer Affairs LW-26 (Revised 2/13) SUFFOLK COUNTY DEPARTMENT OF LABOR.LICENSING& CONSUMER AFFAIRS_ NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL AIRING OF EMPLOYEES VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 353 (2006) To Be Completed By The Local Law Compliance Unit DATE: April 24, 2017 TO: William Kandell, S.C. Dept. of Labor, Licensing & Consumer Affairs FROM: Carato seri Local Law Compliance Unit PHONE #: 631853-3808 EMPLOYER: Town of Southold VENDOR#: 11-6001939 REF.: Worksite You are hereby notified that the submission from Town of Southold has-been received by the Local Law Compliance Unit of the Suffolk County Department of Labor, Licensing & Consumer Affairs. We find that this submission is complete and is in compliance with the requirements set forth by the Suffolk County Lawful Hiring of-Employees Law (Local Law #52-2006). LHE-3 (Revised 2/13)