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RESOLUTION 2017-813
ADOPTED DOC ID: 13394
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-813 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 26, 2017:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the 2017 Southold Town Youth Services Agreement with
the County of Suffolk, in the amount of $8,157.00, for the term January 1, 2017 through
December 31, 2017, 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
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Contract
This Contract("the Contract")is between the County of Suffolk("the County"), a municipal corporation of the State
of New York, acting through its duly constituted,Youth Bureau ("the Department"), located at the H. Lee Dennison
Building—3rd Floor, 100 Veterans Memorial Highway,Hauppauge,New York(Mailing Address: P.O. Box 6100,
Hauppauge,New York 11788-0099); and
Town of Southold ("the Contractor"), a New York Municipal Corporation,having its principal place of business at
53095 Main Road, Southold,New York11971 and Family_Service League Inc. (Implementing Agency), a New York
Not-For-Profit Corporation,having its principal place of business at 790 Park Avenue,Huntington,New York 11743.
The Contractor has been designated to receive funds from the County for various delinquency prevention programs ("the
Services")through the Contractor and its Implementing Agency as set forth in Article I, entitled"Description of Services."
Term of.the Contract: January 1, 2017 through December 31, 2017.
4�
Total Cost'of the Contract: Shall not exceed$8,157.00, to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through VI, attached hereto and made a part hereof.
In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below.
Town of Southo
County uffolk , RECEIVED
By: By:
Name: $ L uss Dennis M. Cohen
Title: �c� �, �t e J U L 2 4 2018
Fed. Tax ID#: � n Chief Dep u oun Executive
Date / �( �/7 Date: l'I�( Southold Town Clerk
under
_penalties of perjury that I am an officer of ' mi ice League Inc.
kv K/ that I have read and I am B
familiar with§A5-8 ofArticleV of the Suffolk County Code, ame: B�aPoaro �n0111 � 71,
and that_ CSW
1 A SW�oAo� meets all Title:
requirements to quali or exemption thereunder. Federa ax
Date l)
Name
Date—PI 11,31
`5 hereby
,rye i i�under penalties of perjury that I am an officer of
j,� ,that I have read and
am familiar with§A5-8 of Article V of the Suffolk County
de d that `—Jo meets all
eme is to qualify for exemption thereunder. )
Date q JI`
ADDITONAL SIGNATURES ON N e
FOLLOWING PAGE
c
1100
d�
1 of 29 pages
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Approved:
Youth Bureau
By:
Name:Roderick A.Pearson
Title: Executive Director
Date )� �`7,� I I
Approved as t Form:
Dennis M. r n,
County A ney
antha N.McEachin
Assistant Cou ty A orne
ate .-_7
2 of 29 pages
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List of Articles
Article I
Description of Services
Article I-A
Department Specific Provisions
1. Certificate of Incorporation; Board Meetings
2. Contractor's Staff
a. Prior Approval
b. Current Procedures
3. Human Services Division Technical Assistance and Training
Article II
Definitions
1. Meanings of Terms
2. Elements of Interpretation
Article III
General Terms and Conditions
1. Contractor Responsibilities
a. Duties and Obligations
b. Qualifications, Licenses, and Professional Standards
c. Notifications
d. Documentation of Professional Standards
e. Credentialing
f. Engineering Certificate
2. Termination
a. Thirty Days Termination
b. Event of Default; Termination on Notice
c. Termination Notice
d. Duties upon Termination
3. Indemnification and Defense
4. Insurance
5. Independent Contractor
6. Severability
7. Merger; No Oral Changes
8. Set-Off Rights
9. Non-Discrimination in Services
10. Nonsectarian Declaration
11. Governing Law
12. No Waiver
13. Conflicts of Interest
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14. Cooperation on Claims
15. Confidentiality
16. Assignment and Subcontracting
17. Changes to Contractor
18. No Intended Third Party 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's/Vendor's Public Disclosure Statement
2. Living Wage Law
3. Use of County Resources to Interfere with Collective Bargaining Activities
4. Lawful Hiring of Employees Law
5. Gratuities
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas
7. Child Sexual Abuse Reporting Policy
8. Non Responsible Bidder
9. Use of Funds in Prosecution of Civil Actions Prohibited
10. Youth Sports
11. Work Experience Participation
12. Safeguarding Personal Information of Minors
13. Contract Agency Performance Measures and Reporting Requirements
14. Suffolk County Local Laws Website Address
Article V
General Fiscal Terms and Conditions
1. General Payment Terms
a. Presentation of Suffolk County Payment Voucher
b. Voucher Documentation
c. Payment by County
d. Budget Modification
e. Budget and/or Services Revisions
f. Taxes
g. Final Voucher
2. Subject to Appropriation of Funds
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
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Pseudo Code ARM
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
I. Salaries
in. Salary Increases
n. Contractor Vacancies
o. No Limitation On Rights
P. ComptroIler's Rules and Regulations
article VI
Budget
5 of 29 pages
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Article I
Description of Services
Whereas,the Contractor has been identified in the 2017 Suffolk County Adopted Budget under the pseudo code
as listed on page one of the Contract to perform the Services for the Department; and
Whereas,the Department desires to have the Contractor provide a Juvenile Delinquency Prevention Program;
and
Whereas,the Contractor agrees to provide such a program to the County;
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto
agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Contractor References
All references in this Contract to "Contractor" shall be deemed to refer to the Contractor and to the
Implementing Agency, except as otherwise indicated; provided that all_provisions relating to Contractor's staff
shall be deemed to apply only to Implementing Agency.
3. Legislative Designated Funding Application; Description of Services
(See 2-3 Pages Following, As Applicable)
Remainder of Page Intentionally Left Blank
6 of 29 pages
ARTICLE I
Page 1 of 2
r NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
INDIVIDUAL PROGRAM APPLICATION
Program Title: Program Information
Southold Youth ServicesQYDS (FoCounUse 0 "t<~'
Program
Year.
7-;�s.-.j.^-uux>s..Yi„�."�-:.gym.>c _ �..�� *'�.".ic`���'.� %#.s.i^.e. ��•_n Y:'vi
Kit UNDING
._NAl'.
..8.- .-.a_
ON. ;:"��:L��.�r:���r�nX,�K'F-: tt• •W.��r.�'-F�_s�e;.c �,-.=-Y.7g 'k r 4 x`��"--."xF-'r -
' �+�3Yc`�':>a-*'�=^s;-,.� rxc, �i'-§3'. u �_�x>'.is�s.� a ;.-, �>r=a•,�A: r:r-'= y'.:
Funding _. `- �::a.:: _� ✓t,,, .s;: r; a:ss fpsrf wK '`-n ;F;: _s r yr;
Category � -, ..�<. -,�... --_<� r.»_.,. a>-<�r._..L,r•,;'r-:<�e �.<�..�.s,&4�;"����:;�;� �ti`�;:�s,�",=..`';;':;
County:
❑Youth Development Funding ❑RHYA-Part I ❑RHYA-Part II Suffolk
11NDAM.®.UNTSz f 'a
ONE-
Total
» K cwa :�„ • .t .
x.,..-.,a•.«:"an�;.'�s:. :tee ^� ""4=:`�-�w"chi. .,�;a-i '�. "a -`s; 2�;?•'xrs���`ti<'Sc^.a .�ti�,. _
>l""wvl—� `� t 'f 4=vo�'a'R 7. � - b��<'er<`'icTF',: �^`.-"_� �� �
Total Pro ram Amou »-e: < - €Y a ;. y`
nt' s-.a. .,t:tw,. .^,i._-°`"•.r.i`:z<`,:. is,>•?>�;:w °i., �?x,„ C".t'r K.}�,; .ak „: c•„`i_µ '�t
8157.80 ocFs Funds Requested.
ry
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Tax Match
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This Agency is: �
Federal ID#• Charities Reg#.
❑Private,Not for Profit ❑ Public ❑Religious Corporations 11-6001930 N/A
Agency Website: ImplementingAgency:
www.southoldtownny.gov Town of Southold
Mailing Address.
P.O. Box 1179 Southold NY 11971-0959
Address Line 2:
53095 Main Rd
City.
Southold state Zip Code-
NY 11971-0959
z`EXECUTIVED e; 4 .,, ;,YR= ,a .•4.. _
IRECTOsemRFOR�AGENGY•.?is' r ',...�.��z,�.�.y��;, :3�: ��'w�.�:��MN=•. ..<..�,y�,z;z;.,„rt� -r...,.� - -
.;S'�:'i;�'x”':. >s"t:.-A„m; `f�-?: <."3,Y.. n 7:i:^:;ci''��:..v7,..° `?;�g..��:=:i�'''A�:�a•..w..>tfl,:<r z„?,..>a:r-':.�^:Y.+C.���t.„ -
Last Name. K' "� •";+, a:`z,<k;: u,fi- Ki i t;:'a s,> _ .y:,:;.:z ;. `:%`
Russell First Name-
Scott
ame Scott
Title*
Supervisor Phone Number: Extension:
Fax Number
31765-1889
E
631 765-1823 -Mail
scott.russell@to
wn.southold.nylus
a>a. d '.r ,'.,.y:i.":u:S`}`.�;v.YR<, z ;•7vz'>, �, s,�"s.�::^i;•"�'_^. •_a.-
CONTLICTP..ERSON`FOR+/AGENCk '-'
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r-`':7 ^•rs'.:y'•` ^p.w:"& rs:. �';*s 'r"z":>•»r;,..r:.r,�;<�.,;.rv<.:
Last Name. �.� �y�� �.i4:<�M�<:x;�. - �^� `�:�>>�a�.; -`r;'r;K�_;;�_ x,:,.;"<rF•s
Nyilas First Name.
Lynn
Title:
Youth Bureau Director Phone Number: Extension:
=ax Number-
6312 765-8251
531 765-1823 E-Mail-
lynnn@southoldtownny.gov
?ERIODaOF
Wig,• •, �,
_ "x�,':'•�t. ��,-_.�.u,` :�'�4>��,"-,�. aws:-."s��;�,t,,: >,;� .,� ..
-ROM: 1/01/2017 R F�OPERATION nryt:z=�.:.-r.5_'?r.•:rN.r..r.�„?tk.;4,-;.-, �" ��>,�;,��rr,'�ya;
TO: 12/31/2017 FROM- 9am TO: Spm
�9 Daily El Other(Explain)
EXECUTIVE DIRECTORY/BOARD CHAIRPERSON SIGNATURE
Disclaimer:Please note that submission of these forms to the County Youth Bureau does NOT
guarantee funding will be allocated to your program.
❑ Changes have been submitted on the electronic OCFS-5001,5002, 5003
�o J
PROGRAM DESCRIPTION
The Southold Youth Services Program gam provides individual, group, family and
crisis intervention counseling plus alcohol and substance abuse
prevention/education services for the Town of Southold. The Southold
Youth Services Program is open to all Suffolk County youth and their
families.
The Youth Service-counselor also administers the Southold Town
Community Service Sentencing Program for youth sentenced'in the
Southold Town Justice Court. The recidivism rate for those youth involved
in the CSSP is less than 261o.
The Youth Service counselor maintains a referral network with other youth
service agencies, schools,, the Southold Juvenile Aid Bureau, Suffolk
County Probation Department-and the Suffolk County Family Court, in the
solution of youth related matters.
The budget for the Youth Services program for 20�� is $33,000.
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End of Text for Article I
7 of 29 pages
ARTICLE I
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Article IA
Department Specific Provisions (2) Contractor Letters
The Contractor agrees to furnish to the
1. Certificate of Incorporation;Board Meetings County letter(s)regarding all personnel
to be hired for the Services. The
a. The Contractor shall furnish the Department with letter(s)shall include,but not be
certified copies of its Certificate of Incorporation limited to:
and by-laws,including any amendments thereto,
at the time it signs this Contract,to the extent not i.) The specific tasks to be
already on file with the Department,and any performed by the individual
amendments thereto during the term of this employees during the course
Contract promptly upon their adoption,and a list of the Services.
of the board members governing the Contractor
from time to time. The contractor shall not ii.) Salaries and hours to be
dissolve any existing corporation or establish any worked by the individual
new corporation with the responsibility for the employees during the course
operation of the program without the prior of the Services.
written approval of the Department.
b. Minutes of the Contractor's annual board (3) County Approval
meeting and one other board meeting,no longer The County reserves the right to
than six(6)months thereafter,should be approve principal services personnel
forwarded to the Department within two(2) proposed by the Contractor at the time
weeks after the conclusion of the meetings. of entering into this Contract. Reasons
for the County not approving said
2. Contractor's Staff personnel shall be for lack of
qualification or lack of demonstration
a. Prior Approval by the Contractor that said proposed
personnel will not have a deleterious
The Department shall have the right to prior effect on the proper and efficient
approval of the filling of any position now vacant operation of the Services.
or hereafter becoming vacant and may,in the
exercise of that right,promulgate reasonable (4) Job Descriptions,Qualifications
regulations involving position control which
shall,when promulgated,be deemed to be The Contractor will nominate to the
incorporated by reference in and be made part.of Department a Service director chosen
this Contract. on the basis of the job description
below. The Department shall review
b. Current Procedures such nominations and may confirm
them. Other staff positions provided
(1) Resumes for in this Contract will be filled in
accordance with written job
The Contractor,at its own expense, descriptions as provided below.
agrees to furnish to the Department Employment of any staff member under
resumes of all personnel to be hired for the terms of this Contract shall be
the Services referred to in this Contract, subject to ongoing review for
prior to their being hired. Resumes competency and aptitude of the staff
shall include,but not limited to: member by the Department or its
designees.The Department may
i.) Previous job title(s)of the recommend dismissal or suspension of
individual employee and the any staff member under this Contract.
length of employment under
each title;and/or (5) Service Director
ii.) Previous experience and i.) Qualifications: Graduation
length of previous experience from an accredited college
with a task or tasks similar or and/or university with a
equal to the Services. - Master's Degree in Social
8 of 29 pages
ARTICLE II
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assignments as
Work;or a Bachelor's paraprofessionals;shall keep
Degree(4-year college. written records and reports of
degree)plus 2 years work accomplished;shall
experience in Human demonstrate ability to learn,
Services. ability to relate successfully
to clients and community,
ii.) Duties: Responsible for and capacity for development
overall Service;hires and, in professional use of self in
fires staff,chairs youth relationships.
advisory committee;
administers and directs all. 3. Human Services Division Technical Assistance and
Contractor Services;is Training
responsible to Board of
Directors of the Contractor a. The Contractor agrees to participate in the
and has immediate charge_of Human Services Division Technical Assistance
and responsibility for the and Training Program. Such agreed participation
Services;renders direct will include staff training on the topic of
services to clients as. HN/AIDS and not more than three(3)days-per-
required;selects,trains and, year attendance at training on topics that may
supervises program aides,, include,but not be limited to,contract financial
nonprofessional staff and reporting,the setting of service goals and
volunteers;has charge,of objectives,and service development.
petty cash account;make
purchases and expends funds b. The Contractor may participate,at its election,in
under the direction of the any additional training made available by the
treasurer of the corporation Human Services Division.
or such other officers as the
Board of the corporation may End of Text for Article IA
direct.
(6) Youth Worker
i.) Qualifications:Bachelor's
Degree(4-year college
degree from an accredited
college).
ii.) Duties: Provides counseling,
group work services,and
professional supervision in
lounge activities,is
responsible to the Service
director. Also shall keep
written records and reports of
work accomplished;shall
demonstrate ability to learn,
ability to relate successfully
to clients and the community,
and capacity for development
in professional
use of self in relationships.
(7) Service Aides
i.) Qualifications:High School
Diploma and preferably some
paid experience in youth
work.
ii) Duties:Report to Service
director;shall cavy out
9 of 29 pages
ARTICLE II
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Article H Federal,State or local law,rule,or regulation,and
Definitions County policies or directives;or
1. Meanings of Terms e. the Contractor's bankruptcy or insolvency;or
As used herein: f. the Contractor's failure to cooperate in an Audit of
Financial Statements;or
"Audit of Financial Statements"means the examination by
the Comptroller and any Federal or State auditing authority of g. the Contractor's falsification of records or reports,
the financial statements of the Contractor resulting in the - misuse of funds,or malfeasance or nonfeasance in
publication of an independent opinion on whether or not those financial record keeping arising out of, or in
financial statements are relevant,accurate,complete,and fairly connection with,any contract with the County;or
presented.
h. the Contractor's failure to submit, or failure to
"Budget"means the Contractor's summary or plan of all timely submit,documentation to obtain Federal or
intended revenue,whether received in the form of fees,grants,County State funds;or
funding,or any other source,and expenditures necessary to render the
Services. i. the inability of the County or the Contractor to
obtain Federal or State funds due to any act or
"Budget Deficiency Plan" means an analysis of the cost of the omission of the Contractor,or
Services,changes in fiscal conditions,and required modifications to the
Contract to continue to render the Services. j. any condition that the County determines, in its
sole discretion,is dangerous.
"Comptroller"means the Comptroller of the County of Suffolk.
"Federal"means the United States government,its departments, and
"Contract"means all terms and conditions of this Contract forming all agencies.
rights and obligations of the Contractor and the County.
"Fringe Benefits"means non-wage benefits which accompany,or are
"Contractor"means the signatory corporation, its officers, officials, in addition to, a person's salary, such as paid insurance, sick leave,
employees, agents, servants, sub-contractors, and any successor or profit-sharing plans,paid holidays,and vacations.
assign of any one or more of the foregoing performing the Services.
"Fund Source" means any direct or indirect sum payable to the
"County"means the County of Suffolk,its departments,and agencies. Contractor by the County pursuant to any lawful obligation.
"County Attorney" means the County Attorney of the County of "Legislature"means the Legislature of the County of Suffolk.
Suffolk.
"Management Letter" means a letter certified as true by the
"Department"means the signatory department approving the Contract. Contractor's certified public accountant or chief financial officer of
findings and recommendations for improvements in internal fiscal
"Engineering Services" means the definition of the practice of control that were identified during an Audit of Financial Statements,but
engineering and the definition of practice of land surveying,as the case which were not required to be included in an audit report.
may be,under Section 7201 and Section 7203 of the State 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
thereof arising out of,or in connection with,the Contract as described
a. the Contractor's failure to perform any duty in Article I"Description of Services."
required of it under paragraphs I(b)-(e)of Article
III of the Contract;or "State"means the State of New York.
b. the Contractor's failure to maintain the amount and "Statement of Other Contracts" means a complete list of all other
types of insurance with an authorized insurer as contracts under which money has been or will be paid to the Contractor
required by the Contract;or from the County, Federal, or State governments, or a Municipal
Corporation, and(i) which are currently in effect or(ii) which have
C. the Contractor's failure to maintain insurance expired within the past twelve(12)months and have not been renewed.
required by the Contract with an insurer that has
designated the New York Superintendent of
Insurance as its lawful agent for service of process; "Suffolk County Payment Voucher"means the document authorized
or and required by the Comptroller for release of payment.
d. the Contractor's failure to comply with any "Term" means the time period set forth on page one of the Contract
10 of 29 pages
ARTICLE II
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and,if exercised by the County,the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa Words importing persons shall include firms, associations,
partnerships(including limited partnerships),trusts,corporations,and
other legal entities,including public bodies,as well as natural persons,
and shall-include successors and assigns.
Capitalized terms used,but not otherwise defined,herein,shall have the
meanings assigned to them in the Contract.
End of Text for Article II
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ARTICLE II
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Article III Contract remains to be performed, and the
General Terms and Conditions termination of the license does not affect the
1.
Contractor's ability to render the Services, every Contractor Responsibilities other term and provision of the Contract shall be
valid and enforceable to the fullest extent permitted
a. Duties and Obligations by law.
i.) It shall be the duty of the Contractor to d. Documentation of Professional Standards
discharge, or cause to be discharged, all of its
responsibilities,and to administer funds received in The Contractor shall maintain on file, in one location in
the interest of the County in accordance with the Suffolk County, all records that demonstrate that it has
provisions of the Contract. complied with sub-paragraphs(b)and(c)above. The address
of the location of the aforesaid records and documents shall
ii.) The Contractor shall promptly take all be provided to the County no later than the date of execution
action as may be necessary to render the Services. of the Contract. Such documentation shall be kept,
maintained,and available for inspection by the County upon
iii.) The Contractor shall not take any action twenty-four(24)hours notice.
that is inconsistent with the provisions of the
Contract. e. Credentialing
iv.) Services provided under this Contract i.) In the event that the Department,or any
shall be open to all residents of the County. division thereof,maintains a credentialing process
to qualify the Contractor to render the Services,the
b. Qualifications, Licenses, and Professional Contractor shall complete the required
Standards credentialing process. In the event that any State
The Contractor represents and warrants that it has,and shall credential, registration, certification or license,
Medi,
continuously possess,during the Temp,the required licensing, Enforcement Agency registration, or
q g Medicare or Medicaid certification is restricted,
education,knowledge,experience,and character necessary to suspended,or temporarily or permanently revoked,
qualify it to render the Services. it is the duty of the Contractor to contact the
Department,or division thereof,as the case may be,
The Contractor shall continuously have during the Term all in writing,no later than three(3)days after such
required authorizations, certificates, certifications, restriction,suspension,or revocation.
registrations,licenses,permits,and other approvals required
by Federal, State, County, or local authorities necessaryto ii.) The Contractor shall forward to the
qualify it to render the Services. Department,or division thereof;as the case may be,
on or before July I of each year during the Term,a
c. Notifications complete list of the names and addresses of all
persons providing the Services, as well as their
i.) The Contractor shall immediately notify respective areas of certification, credentialing,
the County, in writing, of any disciplinary 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 later
In the event that a person is no longer 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 Engineering
days after a license holder has lost the license Services. The failure to file, submit, or maintain the
required to qualify the license holder or the Certificate shall be grounds for rejection of any engineering
Contractor to perform the Services. 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 for a. Thirty Days Termination
the Services rendered after the effective date of
termination of such license. Without limiting the The County shall have the right to terminate the Contract
generality of the foregoing, if any part of the without cause,for any reason, at any time,upon such terms
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and conditions it deems appropriate,provided,however,that
no such termination shall be effective unless the Contractor is
given at least thirty(30)days notice. b• The Contractor hereby represents and warrants that
it will not infringe upon any copyright in performing the
b• Event of Default;Termination on Notice Services. The Contractor agrees that it shall protect,
indemnify,and hold harmless the County,its agents,servants,
r•) The County may immediately terminate Officials,and employees from and against all liabilities,fines,
the Contract, for cause, upon such terms and Penalties, actions, damages, claims, demands judgments,
conditions it deems appropriate, in the Event of losses,suits or actions,costs,and expenses arising out any
Default. claim asserted for infringement of co
t including
reimbursement of the cost of reasonable attorneys'' fees
ii.) If the Contractor defaults under any other incurred by the County, its agents, servants, officials, and
Provision of the Contract, the County may employees in any action or proceedin
terminate the Contract, on not less than five (5) connection with anclaim g arising out of or in
days notice, upon such terms and conditions it y asserted for infringement of
copyright
deems appropriate.
C. The Contractor shall defend the County,its agents,
C. Termination Notice servants, officials, and employees in an
roceeding or
action, including appeals, arising out of, orPn connection
Any notice providing for termination shall be delivered as with, the Contract, and any copyright
provided for in paragraph 27 ofthis Article III. proceeding or action.Alternatively, ah ounty'ss option,
the County may defend any such proceeding or action and
d• Duties upon Termination require the Contractor to pay reasonable attorneys' fees or
salary costs of County employees of the Department of Law
i•) The Contrgdtor shall discontinue the for the defense of any 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,during
Services rendered through the date of termination. the Term of the Contract,insurance in amounts and types as
follows:
The County is released from any and all
liability under the Contract,effective as of the date
of the termination notice. i•) Commercial General Liability insurance,
including contractual liability coverage, in an
iv) Upon termination, the Contractor shall amount not less than Two Million Dollars
reimburse the County the balance of any funds ($2,000,000.00)per occurrence for bodily
ury
advanced to the Contractor by the County no later and Two Million Dollars 0 ) per
than thirtyoccurrence for roe ($2000,000.00) per
(30) days after termination of the property rt3'damage. The Countyshall
Contract. The provisions of this subparagraph shall be named an additional insured.
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 shall Contractor in the performance of the Contract)in
be construed as a limitation on the County's rights an amount not less than Five Hundred Thousand
set forth in paragraphs 1(c) (iii)' and 8 of this Dollars($500,000.00)per person,per accident,for
Article III. bodily injury and not less than One Hundred
Thousand Dollars ($100,000 00) for property
Indemnification and Defense damage per occurrence.The County shall be named
an additional insured.
a• The Contractor shall protect,indemnify,
harmless the County, its aand hold .
gents, servants, officials, and ) Workers'Compensation and Employer's
employees from and against all liabilities, fines, penalties,, Liability insurance in compliance with all i
actions,damages, claims, demands,judgments, losses;suits applicable New York State laws and regulations
or actions, costs, and expenses caused by the negligence or and Disability Benefits insurance, if required by
any_acts or omissions of the Contractor, including lav' The Contractor shall furnish to the County,
reimbursement of the cost of reasonable attorneys' fees prior to its execution of the Contract, the
incurred by the County, its agents, servants, officials, and documentation required by the State of New York t
employees in any action or proceeding arising out of, or in
Workers' Compensation Board of coverage or
connection with,the Contract. exemption from coverage pursuant to§§57 and 220
ofthe Workers'Compensation Law. In accordance
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with General Municipal Law §108, the Contract construed as creating a principal-agent relationship between
shall be void and of no effect unless the Contractor the County and the Contractor or the Contractor and the
shall provide and maintain coverage during the County,as the case may be.
Term for the benefit of such employees as are
required to be covered by the provisions of the 6. Severability
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,shall not
b. The County may mandate an increase in the liability be affected thereby,and every other term and provision ofthe
limits set forth in the immediately preceding paragraphs Contract shall be valid and shall be enforced to the fullest
(4)(a)(i),(ii),and(iv). extent permitted by law.
C. All policies providing such coverage shall be issued 7. Merger;No Oral Changes
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 understandings
d• The Contractor shall furnish to the County,prior to are herein merged in the Contract. No modification of the
the execution of the Contract, declaration pages for each Contract shall be valid unless in written form and executed by
Policy of insurance, other than a policy for commercial both parties.
general liability insurance, and upon demand, a true and
certified original copy of each such policy evidencing 8. Set-Off Rights
compliance with the aforesaid insurance requirements.
The County shall have all of its common law,equitable,and
e. hi the case of commercial general liability insurance statutory rights of set-off. These rights shall include,but not
and business use automobile insurance,the Contractor.shall be limited to,the County's option to withhold from a Fund
furnish to the County,prior to the execution ofthe Contract,a Source an amount no greater than any sum due and owing to
declaration page or insuring agreement and endorsement page the County for any reason. The County shall exercise its set-
evidencing the County's status as an additional insured on off rights subject to approval by the County Attorney. In
said policy, and upon demand, a true and certified original cases of set-off pursuant to a Comptroller's audit,the County
copy of such policy evidencing compliance with the aforesaid shall only exercise such right after the finalization thereof,
insurance requirements. and only after consultation with the 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 policy to a. The Contractor shall not, on the grounds of race,
which such evidence relates. It shall be the duty of the creed, color, national origin, sex, age, disability, sexual
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 that
evidence of insurance,the County may provide the insurance
required in such manner as the County deems appropriate and is different, or provided in a different
deduct the cost thereof from a Fund Source. manner, from those provided to others
pursuant to the Contract;or
h. If the Contractor is a Municipal Corporation and subject an individual to segregation or
has a self-insurance program under which it acts as a self-' separate treatment any matter related
insurer for any of such required coverage,the Contractor shall to the individual's receipt of the Services
provided pursuant to the Contract;or
provide proof, acceptable to the County, of self-funded
iv.) restrict an individual in any way from
coverage. any advantage or privilege enjoyed by
others receiving the Services provided
Independent Contractor pursuant to the Contract;or
The Contractor is not, and shall never be, considered an treat an individual differently from others
an in determining whether or not the
employee of the County for y purpose. Notwithstanding individual satisfies any eligibility or
anything contained in this Contract,the Contract shall not lie other requirements or conditions which
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individuals must meet in order to receive disclosure is obtained.
the Services provided pursuant to the
Contract. 14. Cooperation on Claims
b. The Contractor shall not utilize criteria or methods The Contractor and the County shall render diligently to each
of administration which have the effect of subjecting other, without compensation, any and all cooperation that
individuals to discrimination because of their race, creed, may be required to defend the other party,its employees and
color,national origin,sex,age,disability,sexual orientation, designated representatives, against any claim, demand or
military status, or marital status, or have the effect of action that may be brought against the other party, its
substantially impairing the Contract with respect to employees or designated representatives arising out of,or in
individuals of a particular race,creed,color,national origin, connection with,the Contract.
sex, age, disability, sexual orientation, military status, or
marital status,in determining: 15. Confidentiality
i.) the Services to be provided;or Any document of the County,or any document created by the
Contractor and used in rendering the Services,shall remain
ii.) the class of individuals to whom,or the the property of the County and shall be kept confidential in
situations in which,the Services will be accordance with applicable laws,rules,and regulations.
provided;or
16. Assignment and Subcontracting
iii.) the class of individuals to be afforded an
opportunity to receive the Services. a. The Contractor shall not delegate its duties under
the Contract,or assign,transfer,convey,subcontract,sublet,
10. Nonsectarian Declaration or otherwise dispose of the Contract,or any of its right,title
or interest therein, or its power to execute the Contract, or
The Services performed under the Contract are secular in assign all or any portion of the moneys that may be due or
nature. No funds received pursuant to the Contract shall be become due hereunder, (collectively referred to in this
used for sectarian purposes or to further the advancement of paragraph 16 as"Assignment"),to any other person,entity or
any religion. The Services will be available to all eligible thing without the prior written consent ofthe County,and any
individuals regardless of religious belief or affiliation. attempt to do any ofthe foregoing without such consent shall
be void ab initio.
11. Governing Law
b. Such Assignment shall be subject to all of the
The Contract shall be governed by, and construed in provisions of the Contract and to any other condition the
accordance with,the laws of the State of New York,without County requires. No approval of any Assignment shall be
regard to conflict of laws.Venue shall be designated in the,, construed as enlarging any obligation ofthe County under the
Supreme Court, Suffolk County,the United States District terms and provisions of the Contract. No Assignment of the
Court for the Eastern District of New York,or,if appropriate, Contract or assumption by any person of any duty of the
a court of inferior jurisdiction in Suffolk County. Contractor under the Contract shall provide for,or otherwise
be construed as,releasing the Contractor from any term or
12. No Waiver provision of the Contract.
It shall not be construed that any failure or forbearance of the 17. Changes to Contractor
County to enforce any provision of the Contract in any
particular instance or instances is a waiver of that provision. a. The Contractor may,from time to time,only with
Such provision shall otherwise remain in full force and effect, the County's written consent,enter into a Permitted Transfer.
notwithstanding any such failure or forbearance. 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 of voluntary,involuntary or by operation of
conduct which would cause a reasonable person to believe law, of the partners, or transfer of
that he or she is likely to be engaged in acts that create a partnership interests (other than the
substantial conflict between its obligations under the Contract purchase of partnership interests by
and its private interests. The Contractor is charged with the existing partners,by the partnership itself
duty to disclose to the County the existence of any such, or the immediate family members by
adverse interests, whether existing or potential. This duty reason of gift, sale or devise), or the
shall continue as long as the Term.The determination as to dissolution of the partnership without
whether or when a conflict may potentially exist shall , immediate reconstitution thereof,and
ultimately be made by the County Attorney after full
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ii.) if the Contractor is a closely held any request of a Permitted Transfer within twenty(20)days
corporation (i.e. whose stock is not after delivery to the County of the Transfer Notice, in
publicly held and not traded through an accordance with the provisions of Paragraph 27 of Article III
exchange or over the counter): of the Contract. If the County shall not give written notice to
the Contractor denying its consent to such Permitted Transfer
1. the dissolution, merger, (and setting forth the basis for such denial in reasonable
consolidation or other detail)within such twenty(20)-day period,then the County
reorganization of the shall be deemed to have granted its consent to such Permitted
Contractor;and Transfer.
2. the sale or other transfer of e. Notwithstanding the County's consent,
twenty percent(20%)or more
of the shares of the Contractor i.) the terms and conditions of the Contract
(other than to existing shall in no way be deemed to have been
shareholders, the corporation waived or modified;and
itself or the immediate family
members of shareholders by ii.) such consent shall not be deemed
reason of gift,sale or devise). consent to any further transfers.
b. If the Contractor is a not-for-profit corporation,a 18. No Intended Third Party Beneficiaries
change of twenty percent (20%) or more of its shares or
members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed a
C. The Contractor shall notify the County in writing, beneficiary of the Contract and no third party shall have the
which notice(the"Transfer Notice")shall include: right to make any claim or assert any right under the 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 underpenalties ofperjury that,other
one hundred eighty(18 0)days after the than through the funds provided in the Contract and other
date of delivery of the Transfer Notice; valid agreements with the County,there is no known spouse,
life partner, business, commercial, economic, or financial
ii.) a summary of the material terms of the relationship with the County or its elected officials. The
proposed Permitted Transfer, Contractor also certifies that there is no relationship within
the third degree of consanguinity, between the Contractor,
iii.) the name and address of the proposed any of its partners, members, directors, or shareholders
transferee; owning five(5%)percent or more of the Contractor,and the
County. The foregoing certification shall not apply to a
iv.) such information reasonably required by contractor that is a municipal corporation or a government
the County, which will enable the 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
vi.) such other information as the County
may reasonably require. a. Copyrights
d. The County agrees that any request for its consent Any and all materials generated by or on behalf of the
to a Permitted Transfer shall be granted, provided that the Contractor while performing the Services(including,without
transfer does not violate any provision of the Contract, and limitation,designs,images,video,reports,analyses,manuals,
the transferee has not been convicted of a criminal offense as films,tests,tutorials,and any other work product of any kind)
described under Article II of Chapter 189 of the Suffolk and all intellectual property rights relating thereto ("Work
County Code. The County shall grant or deny its consent to Product") are and shall be the sole property of the County.
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The Contractor hereby assigns to the County its entire right,
title and interest,if any,to all Work Product,and agrees to do 23. Lawful Hiring of Employees Law in Connection with
all acts and execute all documents,and to use its best efforts Contracts for Construction or Future Construction
to ensure that its employees, consultants, subcontractors,
vendors and agents do all acts and execute any documents, In the event that the Contract is subject to the Lawful Hiring
necessary to vest ownership in the County of any and all of Employees Law of the County of Suffolk,Suffolk County
Work Product. The Contractor may not secure copyright Code Article II of Chapter 353,as more fully set forth in the
protection. The County reserves to itself,and the Contractor Article entitled"Suffolk County Legislative Requirements,"
hereby gives to the County, and to any other person the Contractor shall maintain the documentation mandated to
designated by the County, consent to produce, reproduce, be kept by this law on the construction site at all times.
publish,translate,display or otherwise use the Work Product. Employee sign-in sheets and register/log books shall be kept
This paragraph shall survive any completion,expiration or on the construction site at all times and all covered
termination of this Contract. employees, as defined in the law, shall be required to sign
such sign-in sheets/register/log books to indicate their
The County shall be deemed to be the author of all the Work presence on the construction site during such working hours.
Product. The Contractor acknowledges that all Work Product
shall constitute "work made for hire" under the U.S. 24. Certification Regarding Lobbying
copyright laws. To the extent that any Work Product does not
constitute a "work made for hire," the Contractor hereby Together with this Contract and as a condition precedent to
assigns to the County all right,title and interest,including the its execution by the County, the Contractor shall have
right, title and interest to reproduce, edit, adapt, modify or executed and delivered to the County the Certification
otherwise use the Work Product, that the Contractor may Regarding Lobbying (if payment under this Contract may
have or may hereafter acquire in the Work Product,including exceed $100,000) as required by Federal regulations, and
all intellectual property rights therein, in any manner or shall promptly advise the County of any material change in
medium throughout the world in perpetuity without any of the information reported on such Certification, and
compensation. This includes,but is not limited to,the right shall otherwise comply with, and shall assist the County in
to reproduce and distribute the Work Product in electronic or complying with, said regulations as now in effect or as
optical media,or in CD-ROM,on-line or similar format. amended during the term of this Contract.
b. Patents 25. Record Retention
If the Contractor develops, invents, designs or creates any The Contractor shall retain all accounts,books,records,and
idea, concept, code, processes or other work or materials other documents relevant to the Contract for seven(7)years
during the Term, or as a result of any Services performed after final payment is made by the County. Federal, State,
under the Contract("patent eligible subject matter"),it shall and/or County auditors and any persons duly authorized by
be the sole property of the County. The Contractor hereby,, the County shall have full access and the right to examine any
assigns to the County its entire right,title and interest,if any, of said materials during said period. Such access is granted
to all patent eligible subject matter,and agrees to do all acts notwithstanding any exemption from disclosure that may be
and execute all documents, and to use its best efforts to claimed for those records which are subject to nondisclosure
ensure that its employees, consultants, subcontractors, agreements, trade secrets and commercial information or
vendors and agents do all acts and execute any documents, financial information that is privileged or confidential
necessary to vest ownership in the County of any and all Without limiting the generality of the foregoing, records
patent eligible subject matter. The Contractor may not apply directly related to contract expenditures shall be kept for a
for or secure for itself patent protection. The County reserves period often(10)years because the statute of limitations for
to itself,and the Contractor hereby gives to the County,and the New York False Claims Act(New York False Claims Act
to any other person designated by the County, consent to § 192)is ten(10)years.
produce or otherwise use any item so discovered and/or the
right to secure a patent for the discovery or invention. This 26. Contract Agency Performance pleasures and Reporting
paragraph shall survive any completion, expiration or Requirements—Local Law No.41-2013
termination of this Contract.
a. If payment under this Contract may exceed
22. Arrears to County $50,000,it is subject to the requirements of Suffolk County
Local Law No. 41-2013, a Local Law to Implement
Contractor warrants that, except as may otherwise be Performance Measurement to Increase Accountability and
authorized by agreement, it is not in arrears to the County Enhance Service Delivery by Contract Agencies(Article VIII
upon any debt,contract,or any other lawful obligation,and is of Chapter 189 of the Suffolk County Code)as set forth in
not in default to the County as surety. Article IV entitled "Suffolk County Legislative
Requirements."
b. The Contractor shall cooperate with the Department
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in all aspects necessary to help carry out the requirements of
the Law.Based on criteria established by the Contractor in
conjunction with the Department,the Contractor shall submit
monthly reports regarding the Contractor's performance
relative to the established criteria, on dates and times as
specified by the Department.
C. The Contractor shall submit an annual report to the
Department regarding the Contractor's performance no later
than July 31 of each year of the Term.All performance data
and reports will be subject to audit by the Comptroller.
27. Notice
Unless otherwise expressly provided, all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular fust class mail and certified mail, or personally
delivered during business hours as follows: 1.) to the
Contractor at the address on page 1 of the Contract and 2.)to
the County at the Department,or as to either of the foregoing,
to such other address as the addressee shall have indicated by
prior written notice to the addressor. All notices received by
the Contractor relating to a legal claim shall be immediately
sent to the Department and also to the County Attorney at H.
Lee Dennison Building, 100 Veterans Memorial Highway,
P.O.Box 6100,(Sixth Floor),Hauppauge,New York 11788-
0099.
End of Text for Article III
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Article IV Suffolk County Living Wage Form LW-38;entitled"Suffolk
Suffolk County Legislative Requirements County Department of Labor—Living Wage Unit Living
Wage Certification/Declaration—Subject To Audit."
NOTE: THE CONTRACTOR'S COMPLETED_ LEGISLATIVE
REQUIRED FORMS REFERENCED 3• Use of County Resources to Interfere with Collective
AVAILABL
HEREIN ;ARE Bargaining Activities
E ON FILE AT THE DEPARTMENT NAMED O1V
THE SIGNATURE PAGE OF THIS CONTRACT. It shall be the duty of the Contractor to read,become familiar
1•
with, and comply with the requirements of Article I of
Con tcactor's/Vendor's Public Disclosure Statement
Chapter 803 of the Suffolk County Code.
It shall be the duty of the Contractor to read,become familiar County Contractors (as defined by section 803-2) shall
with, and comply with the requirements of section A5-8 of comply with all requirements of Chapter 803 of the Suffolk
Article V of the Suffolk County Code. County Code,including the following prohibitions:
Unless certified by an officer of the Contractor as bein a' The Contractor shall not use Countyfands
g promote,or deter union organizing. to assist,
exempt from the requirements of section A5-8 of Article V of
the Suffolk County Code, the Contractor represents and b.
warrants that it has filed with the Comptroller the verified' No County funds shall be used to reimburse the
public disclosure statement required by Suffolk County Contractor for any costs incurred to assist,promote,
Administrative Code Article V,section A5-8 and shall file an or deter union organizing.
update of such statement with the Comptroller on or before
C. No employer shall use County property to hold a
the 31st day of January in each year of the Contracts meeting with employees or supervisors if the
duration. The Contractor acknowledges that such filing is a
material,contractual and statutory duty and that the failure to Purpose of such meeting is to assist, promote, or
file such statement shall constitute a material breach of the deter union organizing.
Contract, for which the County shall be entitled, upon a
P If the Services are performed on County property, the
determination that such breach has occurred,to damages,in . Contractor must adopt a reasonable access agreement, a
addition to all other legal remedies,of fifteen percent(150/,) neutrality agreement, fair communication agreement, non-
of the amount of the Contract.
intimidation agreement, and a majority authorization card
Required Form: agreement.
SuffoSuffolk ff
SuCounty Form SCEX 22; entitled
lkContrator's/Vendor's Public Disclosure Statement" If the Services are for the provision of human services and are
not to be performed on County property,the Contractor must
Living`Nage Law adopt,at the least,a neutrality agreement.
It shall be the duty of the Contractor to read,become familiar Under the provisions of Chapter 803,the County shall have
the authority,under appropriate circumstances,to terminate
with, and comply with the requirements of Chapter 575, of
the Contract and to seek other remedies as set forth therein,
the Suffolk County Code. for violations of this Law.
This Contract is subject to the Living Wage Law of the
County of Suffolk. The law requires that, unless specific Required Form:
exemptions apply, all employers(as defined)under service CuffpD p�entofLabor abor Law - Lrm aborMediation lUnitUnioln
contracts and recipients of County financial assistance, (as Organizing Certification/Declaration-Subject to Audit."
defined) shall provide payment of a minimum wage to
employees as set forth in the Living Wage Law. Such rate 4.
shall be adjusted annually pursuant to the terms of the Suffolk Lawful Hiring of Employees Law
County Living Wage Law of the County of Suffolk. Under It shall be the duty of the Contractor to read,become familiar
the provisions of the Living Wage Law,the County shall have
with, and comply with the requirements of Article II of
e authority, under appropriate circumstances,to terminate
the Contract and to seek other remedies as set forth therein,the 353 of the Suffolk County Code.
for violations of this Law.
This Contract is subject to the Lawful Hiring of Employees Ee
Required Forms: Law of the County of Suffolk. It provides that all covered
employers, (as defined),and the owners thereof,as the case
may be,that are recipients of compensation from the County
Suffolk County Living Wage Form LW-l;entitled"Suffolk
County Department of Labor—Living Wage Unit Notice of through any grant, loan, subsidy, funding, appropriation,
Application for County Compensation(Contract)." Payment, tax incentive, contract, subcontract, license
agreement,lease or other financial compensation agreement
issued by the County or an awarding agency, where such
19 of 29 pages ,
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ARHl
compensation is one hundred percent(100%)funded by the Required Forms:
County, shall submit a completed sworn affidavit (under
penalty of perjury),the form of which is attached,certifying Suffolk County Lawful Hiring ofEmployees Law Form LHE-
that they have complied,in good faith,with the requirements
of Title 8 of the United States Code Section 1324a with 1;entitled"Suffolk County Department ofLabor—Notice Of
fined and Application To Certify Compliance With Federal Law (8
respect to the hiring of covered employees(as de
U.S.C. Section 1324a) With Respect To Lawful Hiring of
with respect to the alien and nationality status of the owners
thereof. The affidavit shall be executed by an authorized Employees."
representative of the covered employer or owner,as the case
may be;shall be part of any executed contract,subcontract, � Suffolk County Lawful Hiring ofEmployees Law Form LHE-
2;entitled"Affidavit Of Compliance With The Requirements
license agreement, lease or other financial compensation
Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring
agreement with the County, and shall be made available to
the public upon request. Of Employees"
All contractors and subcontractors (as defined) of covered 5. Gratuities
employers,and the owners thereof,as the case may be,that
are assigned to perform work in connection with a County It shall be the duty of the Contractor to read,become familiar
with,and comply with the requirements of Chapter 664 ofthe
contract, subcontract, license agreement, lease or other-
financial compensation agreement issued by the County or Suffolk County Code.
awarding agency,where such compensation is one hundred
The Contractor represents and warrants that it has not offered
percent (100%) funded by the County, shall submit to the
covered employer a completed sworn affidavit(under penalty or given any gratuity to any official,employee or agent of the
ofperjury),the form of which is attached,certifying that they County or the State or of any political party,with the purpose
have complied,in good faith,with the requirements ofTitle 8 or intent of securing an agreement or securing favorable
of the United States Code Section 1324a with respect to the treatment with respect to the awarding or amending of an
hiring of covered employees and with respect to the alien and agreement or the making of any determinations with respect
nationality status of the owners thereof,as the case may be. to the performance of an agreement.
The affidavit shall be executed by an authorized
representative of the contractor,subcontractor,or owner,as 6. Prohibition Against Contracting with Corporations
the case may be; shall be part of any executed contract, that Reincorporate Overseas
subcontract, license agreement, lease or other financial
compensation agreement between the covered employer and It shall be the duty of the Contractor read,become familiar
the County;and shall be made available to the public upon with, and comply with the requirements of sections A4-13
request. and A4-14 of Article IV of the Suffolk County Code.
An updated affidavit shall be submitted by each such The Contractor represents that it is in compliance with
employer,owner,contractor and subcontractor no later than sections A4-13 and A4-14 of Article IV of the Suffolk
January 1 of each year for the duration of any contract and County Code. Such law provides that no contract for
upon the renewal or amendment of the Contract, and consulting services or goods and services shall be awarded by
whenever a new contractor or subcontractor is hired under the the County to a business previously incorporated within the
terms of the Contract. U.S.A.that has reincorporated outside the U.S.A.
The Contractor acknowledges that such filings are a material, 7. Child Sexual Abuse Reporting Policy
contractual and statutory duty and that the failure to file any
such statement shall constitute a material breach of the It shall be the duty of the Contractor to read,become familiar
Contract. with, and comply with the requirements of Article 11 of
Under the provisions of the Lawful Hiring of Employees Chapter 880 of the Suffolk County Code.
Law, the County shall have the authority to terminate the The Contractor shall comply with Article 11 of Chapter 880,
Contract for violations of this Law and to seek other remedies of the Suffolk County Code, entitled"Child Sexual Abuse
available under the law. Reporting Policy,"as now in effect or 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 S. Non Responsible Bidder
law,shall be required to sign such sign-in sheets/register/log
books to indicate their presence on the site during such It shall be the duty of the Contractor to read,become familiar
working hours. with, and comply with the requirements of Article Il of
Chapter 189 of the Suffolk County Code.
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Upon signing the Contract,the Contractor certifies that it has Local Law No. 20-2013, a Local Law to Safeguard the
not been convicted of a criminal offense within the last ten Personal Information of Minors in Suffolk County.
(10)years. The term "conviction"shall mean a finding of
guilty after a trial or a plea of guilty to an offense covered All contract agencies that provide services to minors are
under section 189-5 of the Suffolk County Code under"Non required to protect the privacy of the minors and are strictly
' Responsible 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
Prohibited information of any minor participating in their programs.
I
13. Contract Agency Performance Measures and
It shall be the duty of the Contractor to read,become familiar Reporting Requirements
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
! , art or in with, and comply with the requirements of Suffolk County
The Contractor shall not use any of the moneys,in
Y P Local Law No. 41-2013, a Local Law to Implement
whole, and either directly or indirectly, received under the
Performance Measurement to Increase Accountability and
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 or of Chapter 189 of the Suffolk County Code).
administrative forum.
10. Youth Sports All contract agencies having a contract in excess of$50,000
shall cooperate with the contract's administering department
It shall be the duty ofthe Contractor to read,become familiar to identify the key performance measures related to the
objectives of the service the contract agency provides and
with, and comply with Article III of Chapter 730 of the
shall develop an annual performance reporting plan. The
Suffolk County Code. contract agency shall cooperate with the administering
department and the County Executive's Performance
All contract agencies that conduct youth sports programs are
required to develop and maintain a written lan or otic Management Team to establish working groups to identify
P P y appropriate performance indicators for monthly evaluation of
addressing incidents ofpossible or actual concussion or other
head injuries among sports program participants.Such plan or the contract agency's performance measures.
policy must be submitted prior to the award of a County
contract,grant or funding. Receipt of such plan or policy by 14. Suffolk County Local Laws Website Address
the County does not represent approval or endorsement of
any such plan or policy,nor shall the County be subject to Suffolk County Local Laws, Rules and Regulations can be
any liability in connection with any such plan or policy. accessed on the homepage of the Suffolk 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.
1
2. Safeguarding Personal Information of Minors
It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Suffolk County
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Article V
General Fiscal Terms and Conditions furnished to the County pursuant to,and as limited
by,the Regulations for Accounting Procedures for
1• General Payment Terms Contract Agencies of the Suffolk County
Department of Audit and Control. In addition to
a• Presentation of Suffolk County' any other remedies that the County may have,
Voucher Payment failure to supply the required documentation will
disqualify the Contractor from any further County
In order fora contracts.
p yment to be made by the County to
the Contractor for the Services,the Contractor shall C. Payment by County
prepare and present a Suffolk County Payment
Voucher,which shall be documented by sufficient,
Payment by the County shall be made within thirty
competent and evidential matter. Each Suffolk
Coun Pa (30) days after approval of the Suffolk County
ty yment Voucher submitted for payment is Payment Voucher by the Comptroller.
subject to Audit at any time during the Term or any
extension thereof. This provision shall survive d• Budget Modification
expiration or termination of this Contract for a
period of not less than seven(7)years,and access i.) The parties shall use the Contract Budget
to records shall be as set forth in paragraph 25 of
Article III,and paragraph 4(b)of Article V. Modification Request form ("Budget
Modification") for revisions to the
b• Voucher Documentation Budget and Services not involving an
increase to the total cost of the Contract.
Pa If the Contractor is seeking such a
The Suffolk Coun
ty Payment Voucher shall list all modification, the Contractor shall
information regarding the Services and other items
for which expenditures have been or will be made contact the Department to receive the
form and enter the required information.
in accordance with the Contract. Either upon
When the County and the Contractor
execution of the Contract(for the Services already
agree as to such revisions,the Contractor
rendered and expenditures already made), or not
shall sign the Budget Modification form
more than thirty(30) days atter the expenditures
and return it to the County for execution
were made, and in no event after the 31�`day of
along with any other documentation the
January following the end of each year of the
Department may require.
Contract,the Contractor shall furnish the County
with detailed documentation in support of the ii.
payment for the Services or expenditures under the incurring
Such request must be made advance e
i
Contract e.g. dates of the Service, worksite any expenditure for which the
locations,activities,hours worked,pay rates and all revision s needed.
program Budget categories. The Suffolk County iii.) Upon complete execution of the Budget
Payment Voucher shall include time records,
certified by the Contractor as true and accurate,of Modification form, the County shall
all personnel for whom expenditures are claimed return a copy to the Contractor. The
during the period. Time and attendance records of revision shall not be effective until the
Budget Modification is completely
a project director, if any,shall be certified by the
Chairperson,President or other designated member executed.
of the Board of Directors of the Contractor. All iv.) The Budget Modification form may be
Suffolk County Payment Vouchers must bear a
signature as that term is defined pursuant to New submitted
only twice per calendar year
York State General Construction Law§46 by duly anddmay only be submitted prior to
November 15u'of that year.
authorized persons, and certification of such
authorization with certified specimen signatures
thereon must be filed with the County by a e' Budget and/or Services Revisions
Contractor official empowered to sign the Contract. i,
Disbursements made b ) The parties shall use the Contract
y the Contractor in Budget/Services Revision Approval
accordance with the Contract and submitted for
reimbursement must be documented and must Form (Budget/Services Revisions) for i
comply with accounting procedures as set forth by revisions to the Budget and Services
the Suffolk CountyDe involving any change to the total cost of
n, incl t of Audit and the Contract due to a resolution of the
Control. ,Documentation, including any other
form(s)required by County or the Suffolk County Legislature, changes to the County's
Department of Audit and Control, shall be adopted annual budget, or for any other
reason necessitating revisions to the
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ARTICLE V
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Budget or Services.
if.) When the County and the Contractor C. The County may, during the Term, impose a
agree as to such revisions, the Budget Deficiency Plan. In the event that a Budget
Department will enter the information Deficiency Plan is imposed, the County shall
into the Budget/Services Revisions form promptly notify the Contractor in writing of the
and send it to the Contractor for terms and conditions thereof, which shall be
signature.The Contractor shall return it deemed incorporated in and made a part of the
to the County for execution along with Contract,and the Contractor shall implement those
any other documentation the Department terms and conditions in no less than fourteen(14)
may require. days.
iii•) Upon complete execution of the form by 3• Personnel Salaries, Pension and Employee Benefit
the parties, the County shall return a Plans,Rules and Procedures
copy to the Contractor. The revision
shall not be effective until the Budget a• Upon request, the Contractor shall submit to the
/Services Revisions is completely County a current copy,certified by the Contractor
executed. as true and accurate,of its
f. Taxes i.) salary scale for all positions listed in the
The charges payable to the Contractor under the Budget;
Contract are exclusive of federal, state, and local
taxes,the County being a municipality exempt from personnel rules and procedures;
payment of such taxes. iii.) pension plan and any other employee
benefit plans or arrangements.
g• Final Voucher
b• The Contractor shall not be entitled to
The acceptance by the Contractor ofpayment of all reimbursement for costs under any pension or
billings made on the final approved Suffolk County benefit plan the Comptroller deems commercially
Payment Voucher shall operate as and shall be a unreasonable.
release of the County from all claims by the
C. Notwithstanding anything in this paragraph 3 of
Contractor through the date of the Voucher.
this Article V. the County shall not be limited in
2. Subject to Appropriation of Funds requesting such additional financial information it
deems reasonable.
a. The Contract is subject to the amount of funds
appropriated each fiscal year and any subsequent 4 Accounting Procedures
modifications thereof by the County Legislature
and no liability shall be incurred by the County a. The Contractor shall maintain accounts, books,
beyond the amount of fiords appropriated each records, documents, other evidence, and accounting
fiscal year by the County Legislature for the procedures and practices which sufficiently and
Services. properly reflect all direct and indirect costs of any
nature expended in the performance of the Contract,in
b. If the County fails to receive Federal or State funds accordance with generally accepted accounting
originally intended to pay for the Services, or to Principles and with rules, regulations and financial
reimburse the County, in whole or in part, for directives, as may be promulgated by the Suffolk
payments made for the Services,the County shall County Department of Audit and Control and the
have the sole and exclusive right to: Department. The Contractor shall permit inspection
and audit of such accounts,books,records,documents
i-) determine how to pay for the Services; and other evidence by the Department and the Suffolk
County Comptroller,or their representatives,as often
determine future payments to the as, in their judgment, such inspection is deemed
Contractor,and necessary. Such right of inspection and audit as set
forth in subparagraph b. below shall exist during the
determine what amounts, if any, are Tenn 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
b. The Contractor shall retain all accounts, books,
under which such reimbursement shall
be paid. records,and other documents relevant to the Contract
23 of 29 pages for seven(7)years after final payment is made by the
ARTICLE V
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any persons duly authorized by the County shall have accounting records of the Contractor in accordance
full access and the right to examine any of said with generally accepted accountin
materials during said period- audited financial statements including°iples. The
notwithstandingP Such access is granted respective
any is
from disclosure that Management Letters must be emailed to the Executive
may be claimed for those records which are subject to Director
of Auditing Services at
nondisclosure agreements, trade secrets Audits(a�suffolkcount<
commercial information or financial information thaand v sov within thirty(30) days
after completion ofthe audit,but in no event laierthan
Privileged or confidential. nine(9)months after the end of the Contractor's fiscal
year,to which the audit relates. The Contractor may
C. The Contractor shall utilize the accrual basis of solicit requests for proposals from a number of
accounting and will submit all financial reports and qualified accounting frons and review carefully the
claims based on this method of accountingduring the costs of,and qualifications for,this type of work before
Term. e selecting the Auditor.
5. Audit of Financial Statements b. The Auditor should be required to meet the following
minimum requirements:
a. All payments made under the Contract are subject
to audit by the Comptroller pursuant to Article V of �) a current license issued by the Newyork
the Suffolk County Charter. The Contractor further
State Education Department,
agrees that the Comptroller and the Department ii.) sufficient auditing experience in the not-
shall have access to and the right to examine,audit, P �for- rofi
excerpt, co governmental or profit-making
py or transcribe any pertinent aieas,as applicable;and
transactions or other records relating to services
under the Contract. If such an audit discloses iii.) a satisfactory peer review issued within
overpayments by the County to the Contractor, not more than three 3
within thirtydate when the Auditor was selectedtto
official audit report by the Comptroller or his duly
conduct the audit.
designated representatives, the Contractor shallc The audit must be conducted in accordance with
repay the amount of such Ove a
rp yment by check to
the order generally accepted governmental auditing standards.
shall submitt the Suffolk County Comptroller or Financial statements must clearly differentiate between
a proposed plan of repayment to the
Comptroller. L` there is no response, o if Count'-fiinded programs and other programs that the
satisfactory repayments Contractor may be operating.
rY p yments are not made,the County schedules should be encouraged or this purpose. Th
may recoup overpayments from any amounts due or
Auditor must also prepare a Management Letter based
becoming due to the Contractor from the County
under the Contract or Otherwise. on the audit.
b. The provisions of this paragraph shall survive the d' "_Subrecipients"-Fei3erally Funded Programs and
expiration or termination
period of seven (7) years, of the Contract fora Grants
and access to records
L)
the event the Contracfor'is a"Subrecipient"as
shall be as set forth in paragraph 25 of Article III, that;term;is defined'in ' +CFRI§.200.93 and the
and paragraph 4(b)of Article V. Contractor expends''seven hundred
Financial Statements and Audit Requirements fifty thousand
($750,000.00 dollars or,more'of Federal moneys,
whether"as a''recipierit expendin -awards received
a• Notwithstanding any other reporting or certification
requirements of Federal,State,or local authorities,the dire�tly.from,Federal_awar`ding;agencies-oi-as a
Contractor shall obtain the services of an independent Contiaofor expending"Fedeial;awards'received ?
licensed public accountant or certified public £roily apass-tl rough entitysucli;as New ork-State
and%gr=Suffolk County,;during'any;fiscal;year
accountant (the "Auditor") to audit its financial with'm"which'_it"ieceives
statements for each Contractor's"fiscal year"in which drqg'_under_;the
the Contractor has received, or will receive, three Coiitiact;-th'e'auditreferredfoundeittiisparagrapli
6 must be conducted and aiiy;the'anditreport,must
hundred thousand($300,000.00)dollars or more from
be`_:in?accordance with-'OMB:.iTnifo
the County, whether under the Contract or other k rm'°Gr`ant
Guidance,-,�'2 _CFR',Pai[_=200„_("Sgle:Audit
agreements with the County,and shall submit a report Rep`o_rt").-_- Single,Audit.Re o'its->riust_also'be
to the County on the overall financial condition and P" """"'
OP erations of the Contractor,including a balance sheet uploaded-to"tile_Federal Audit°CleaiingYiouse;=fo
and statement of income and expenses,attested by the oe extent required,by,the p Uni,- - Grant
Guidance referred to above. In addition,the Single
Auditor as fairly and accurately reflecting the AiiditReport,,respective fnan6ialstatements grid
any Management L"etters must be submitted to"the
24 of 29 pages
ARTICLE V
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Department set forth on page one of this Contract Prior to placing any order to purchase,rent or lease
and emailed to the Executive Director of Auditing
Services any furniture, fixtures, or equipment valued in
at excess of one thousand dollars($1,000.00)per unit
within inient ,(30) ri s aftej f jfipl- tvnv gov for which the Contractor will seek reimbursement
within thirty (30) days after completion'of the from the County,the Contractor shall submit to the
audit but ' no event later than nine(9)months County a written request for approval to make such
after the end of the Contractor's fiscal "year,`to a proposed purchase, rental or lease, with a list
which the audit relates. showing the quantity and description of each item,
ii.) In the event the Contractor is a"Subrecipient"as its intended location and use,estimated unit price
that term is defined in'2 CFR 20. 3'and the or cost, and estimated total cost of the proposed
§ 2'00-.'93',• .. order. Written approval of the County shall be
Contractor expends less than seven hundred fifty required before the Contractor may proceed with
thousand($750,000.00)dollarsofFederalmoneys, suchproposed purchase, rental or lease of
whether as a recipient expending awards're- ived furniture, fixtures or equipment. Al] items
directly from Federal awarding agencies or-as a purchased must be new or like new unless
Contractor:expending=Federal;awards_,received specifically described otherwise in the Budget.
from spas§-through entity such`as Ne#Y6rk State
Coriti Suffolk County;'during any fscal.yeai the b. Purchase Practices/Proprietary Interest of
Contractor must email_a certified Exemption Letter, County
the form="of which shall'be provided by.,the
Deparhnent,'on`the'Contractor'.§I etterhead;and a
Schedule-of Federal Funds 'Expended to,the The Contractor shall follow the general
respective County Department and the Executive practices that are designed to obtain
Director " ',,of,' ' 'Auditing' ..xServices" of furniture,fixtures,equipment,materials,
subiecitiienfmonif""—�'5 ff' kebuntvnv fov or supplies at the most reasonable price
- or cost possible.
wrthm thirty�;(3Q)- days :of -the:end of.,the
Contractor's,fiscal year: The`Scheciple bf Federal ii.) The County reserves the right to
Funds Expended must include all Federal funding purchase or obtain furniture, fixtures,
received directly from the Federal government and
all Fed'''alfunds passed through from the Coun equipment,materials,or supplies for the
tY Contractor in accordance with the
and other.pass'''through'entities: programmatic needs of the Contract. If
the County exercises this right, the
iii.) Sulirecipient§may"include,but not necessarily be amount budgeted for the items so
limited to,`not-for=prof t-organizations;units of purchased or obtained by the County for
state`government 6r.a`unit of localgovernments. the Contractor shall not be available to
the Contractor for any purpose
Copies o f any_other,audit-reports including oversight whatsoever. Title to any such items
agency audits:must.be§ubmitted to the Departmeri$set purchased or otherwise obtained by the
Jon-page-one ofthis-Contract and emailed-ib-the County for the programs encompassed
Executive"'Directo_r:r°;rof=:Auditing'' ervices',; at by the Contract and entrusted to the
.,k Contractor,shall remain in the County.
Audits suffolkcountvnyeov;within'thir`ly x(30) days
after comple`tion'of the audit(§)
The County shall retain a proprietary
f. The requirements set forth in this paragraph 6 shall not interest in all furniture, removable
preclude the authorized representatives of the County, fixtures, equipment, materials, and
the Comptroller, or Federal or State entities from supplies purchased or obtained by the
conducting any other duly authorized audit(s) of Contractor and paid for or reimbursed to
records of the Contractor. The Contractor shall make the Contractor pursuant to the terms of
such records available to authorized representatives of the Contract or any prior agreement
Federal,State and County govemmentfor that purpose. between the parties.
g. The provisions of this paragraph 6 shall survive the iv) The Contractor shall attach labels
expiration or termination of the Contract. indicating the County's proprietary
interest or title in all such property.
Furniture,Fixtures,Equipment,Materials,Supplies C. County's Right to Take Title and Possession
a. Purchases, Rentals or Leases Requiring Prior Upon the termination or expiration of the Contract
Approval or any renewal thereof, the discontinuance of the
business of the Contractor, the failure of the
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Contractor to comply with the terms of the
Contract, the bankruptcy of the Contractor, an f. Disposition of Property in Contractor's Custody
assignment for the benefit of its creditors,or the
failure of the Contractor to satisfy any judgment
filing of the Upon termination of the County's funding of any
against it within thirty (30) days of
judgment, the County shall have the right to take of the Services covered by the Contract,or at any
title to and possession of all furniture,removable other time that the County may direct, the
materials,and supplies and the
fixtures,equipment, Contractor shall make access available and render
same shall thereupon become the roe all necessary assistance for physical removal by the
County without any claim for reimbursement on the, County or its designee of any or all furniture,
part 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 accurate Contractor, reasonable wear and tear excepted.
inventory records and controls for all such Any disposition, settlements or adjustments
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 S. 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 as
against the aforesaid inventory records. A report an item of expense reimbursable by the County, the
setting forth the results of such physical count shall Contractor shall promptly submit to the County, upon
be prepared by the Contractor on a form or forms request, any lease or rental agreement. If during the Term,
designated by the County, certified and signed by the Contractor shall enter into a lease or rental agreement,or
an authorized official of the Contractor,and one(1) shall renew a lease or rental agreement,the Contractor shall,
copy thereof shall be delivered to the County prior to the execution thereof, submit such lease or rental
within five (5) days after the date set for the agreement,to the County for approval.
aforesaid physical count. Within five(5)days after
the termination or expiration date of the Contract, 9. Statement of Other Contracts
the Contractor shall submit to the County six(6)
copies of the same report updated to such date of Prior to the execution of the Contract, the Contractor shall
the Contract,certified and signed by an authorized submit a Statement of Other Contracts to the County. If the
official of the Contractor,based on aphysical count Contract is amended duringthe Te
rm, orthe County
of all items of furniture, removable fixtures and exercises its option right,the Conractor shalllsubmit then
equipment on the aforesaid expiration date, and current Statement of Other Contracts.
revised, if necessary, to include any inventory
changes during the last three (3) months of the 10. Miscellaneous Fiscal Terms and Conditions
Term.
e. Protection of Property in Contractor's Custody a' Limit of County's Obligations
The Contractor shall maintain vigilance and take all The maximum amount to be paid by the County is
reasonable precautions to protect the furniture, set forth on the fust page of the Contract.
fixtures, equipment, material or supplies in its b. Duplicate Payment from Other Sources
custody against damage or loss by fire, burglary,
theft,disappearance, vandalism, or misuse. In the Payment by the County for the Services shall not
event of burglary, theft, vandalism; or
disappearance of any item of furniture, fixtures, duplicate payment received by the Contractor from
equipment, material or supplies, the Contractor any other source.
shall immediately notify the police and make a
record thereof,including a record of the results of C. Funding Identification !
any investigation which may be made thereon. In f
the event,of loss of or damage to any item of The Contractor shall promptly submit to the
furniture, fixtures, equipment, materials, or County upon request, a schedule for all programs
supplies from any cause, the Contractor shall funded by the County, itemizing for each such
immediately send the County a detailed written program the sums received, their source and the
report thereon. total program budget.
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ARTICLE V
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d. Outside Funding for Non-Count} Funded
Activities to the County, the Contract may be terminated in
whole or in part, or the amount payable to the
Notwithstanding the foregoing provisions of the Contractor may be reduced at the discretion of the
Contract, it is the intent of the County that the County, provided that any such termination or
terms and conditions of the Contract shall not limit reduction shall not apply to allowable costs
the Contractor from applying for and accepting incurred by the Contractor prior to such
outside grant awards or from providing additional termination or reduction,and provided that money
educational activities/services which may result in has been appropriated foraYment of such costs.
the Contractor incurring additional costs,as long as 9- Denial of Aid p
the following conditions are met:
If a State or Federal government agency is funding
►) The County is not the Fund Source for 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
Sufficient funding is available for or can expenditures made during the Term because ofany
be generated by the Contractor to cover act, omission or negligence on the part of the
the cost incurred by the Contractor Ito Contractor, then the County
Provide these additional services;and withhold from ana may deduct and
to the Contractor
an amount equal othereirmbursent 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
b of the the reduced by any such amounts. In such an event if
additional costs incurred
there should be a balance due to the County after it
Contractor in furnishing such additional
services. has made a final payment to the Contractor under
the Contract, on demand by the County, the
Prior to scheduling any such additional Contractor shall reimburse the County for the
services on County-owned property,the amount of the balance due the Coun
Contractor shall obtain written County the Suffolk County Comptroller.The provisions of
approval. The Contractor shall, to the this subparagraph shall survive the expiration or
County's satisfaction, submit any termination of the Contract.
documentation requested by the
Department reflecting the change, and h Budget
identify the additional services to be
provided and the source of funding that The Contractor expressly represents and agrees that
shall be utilized to cover the the Budget lists all revenue, expenditures,
expenditures incurred by the Contractor personnel,personnel costs and/or all other relevant
in undertaking the additional services. 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 Pa
ment
reasonable steps to secure all potential funding Voucher,the County,at its discretion,may pay the
from grants and contracts with other agencies for Contractor during the Term,in advance,an amount
programs funded by the County. not to exceed one sixth (1/6) of the maximum
f. Payments
amount to be paid by the County set forth on the
Funding Contingent upon State/Federal first page of the Contract.
J• Payments Limited to Actual Net Expenditures
Payments under the Contract may be subject to and
contingent upon continued funding by State and/or The Contractor agrees that if, for any reason
Federal agencies. In the event payments are subject whatsoever,the Contractor shall spend during the
to such fundingno a �
payment shall be made until the Term for the purposes set forth in the Contract an
Contractor submits documentation in the manner
aamount less than, receive amounts more than,
and form as shall be required by State and/or
Provided in the Budget,
dget, the total cost of the
Federal agency. If late submission of claims Contract shall be reduced to the net amount of
Precludes the County from claiming State or actual Contractor expenditures made for such
Federal reimbursement, such late claims by the Purposes. The total amount to be paid by the
Contractor shall not be paid by the County subject County shall not exceed the lesser of(i)actual net
to subparagraph g, below, if, for any reason, the expenditures or(ii)the total cost of the Contract on
full amount of such funding is not made available the coverg a e
P and in the Budget. Upon
27 of 29 pages
ARTICLE V
`Rcv.�11-25-16; Law No. 17-YO
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termination or expiration of the Contract, if the
Contractor's total amount of allowable expenses is p• Comptroller's Rules and Regulations
less than the total amount of the payments made
during the Term, the Contractor shall prepare a The Contractor shall comply with the
check payable to the Suffolk County Comptroller "Comptroller's Rules and Regulations for
for the difference between the two amounts and Consultant's Agreements" as promulgated by the
submit such payment to the County,along with the Department of Audit and Control of Suffolk
final Suffolk County Payment Voucher.., County and any amendments thereto during the
Term of the Contract. The"Comptroller's Rules
k Travel, Conference, and Meeting Attendance: and Regulations for Consultant's Agreements"and
SOP A-07 Amendment 1 "SOP A-07 Amendment I"may be viewed online
at the County's website,SuffolkCountyny.gov;go
Reimbursement to the Contractor for travel costs to "Government," then "Comptroller," then
Shall not exceed amounts allowed to County "Consultant's Agreements."
employees. All conferences that are partially or
fully funded by the County that the Contractor's
staff wishes to attend must be pre-approved, in End of Teat for Article V
writing,by the County and must be in compliance
With Suffolk County Standard Operating procedure
A-07 which may be viewed online at the County's
website, SuffolkCountyny.gov; go to
"Government," then "Comptroller," then
"Consultant's Agreements."
1 Salaries
The Contractor shall not be eligible to receive any
salary reimbursement until proof of deposit or
payment of all withholding and payroll taxes to the
Federal/State governments has been provided to the
County.
In. Salary Increases
No salary, wage, or other compensation for the
Services shall be increased over the amount stated
in the Budget without the prior written approval of
the County.
n• Contractor Vacancies
The County shall have the right ofprior approval of
the Contractor's filling of any vacant position as of
the date of execution of the Contract or as may
thereafter become vacant, and, in the exercise of
that right The County may promulgate reasonable
regulations involving filling of vacancies which
shall be deemed to be incorporated by reference in,
and be made part of, the Contract, provided,
however,that subject to the availability of funding,
approval for the hiring of replacement clerical shall
be a Contractor determination. x
o• No Limitation On Rights
f
Notwithstanding anything in
he
contrary,the County shall l os Article V f thave available t
tall
rights and remedies under the Contract and at law
and equity.
1
d
28 of 29 pages y
ARTICLE V
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Article VI
Budget
(See Attached)
29 of 29 pages
s
ARTICLE VI i
OCFS-3107(Rev.03/2002)FRONT
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
PROGRAM BUDGET
AGENCY/MUNICIPALITY:Town of Southold
PROGRAMTTTLE: Southold Youth Services FUND TYPE
PERSONAL SERVICES: YDDP
POSITION TITLE RATE OF BASIS TOTAL OCFS PROGRAM AMOUNT(1TOTAL OCFS FUNDS REQUESTED
PAY (H,W,BW,SM)
FOR THIS PROGRAM
0
'�°ate_-•'�.{`-a ;� to
TOTAL SALARIES AND WAGES . �3a
$0.00 _ �.���- ..�.----- ��
TOTAL PERSONAL SERVICES TOTAL FRINGE BENEFITS
$0.00
CONTRACTED SERVICES AND STIPENDS
TYPE OF SERVICE OR CINSULTANT RATE OF
BASIS TOTAL OCFS PROG
F Service LPAY (H,W
Lea ,BW,SM) RAM AMOUNT(1 Y �
amilY te. .•.
�e $800.00 =��
M $8,157.00 •u
NE
0,,
CONTRACTED SERVICES
TOTAL MAINTENANCE&OPERATION
FACILITY REPAIRS
PROGRAM SITE ADDRESS '
TOTAL FACILI n' 3
TY REPAIRS(4) `xx
TOTAL OCFS PROGRAM AMOUNT$8,157.00 i
TOTAL OCFS FUNDS REQUESTED
LIST OF OTHER FUNDING SOURCES
REIMBURSABLE TOTAL
MUNICIPAL FUNDING
OTHER
SOURCES #