HomeMy WebLinkAboutDARE Program •��dfFat A-
o RECEIVED
JAN 15 2019
® � r
; '�Ip� Southold Town Clerk
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: January 14, 2019
Subject: Agreement between Town of Southold and County of
Suffolk Youth Bureau DARE Program
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: Accounting
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v .
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 principle place of business
at 53095 Main Road,Southold,New York 11971 and Family Service League Inc. (Implementing Agency)a New
York Not-For-Profit Corporation having its principle place of business at 790 Park Avenue,Huntington,New York
11743.
The Contractor has been designated to receive funds from the County for Juvenile Delinquency Prevention("the
Services") as set forth in Article I, entitled"Description of Services."
Term of the Contract: January 1,2018 through December 31,2018.
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 la st date written below.
Town of Southold COUNOF SUFFOLK
B :
Name:_�� � •�y SS��.�- By.
Title: S 0 0-WAS,�� Dennis .Cohen
Fed.Tax ID#: 1 - GOD la 39 Chief Deputy,Co} ty Executive
Date:
Date:
ue In��
�.ISS-�(,( hereby certifies Famil Service g
undepenalties of pedthat I am an officer of N ` Boorshtein, LOSW
)vw VX 04-
Title: President &CEO
that I have read and I am familiar with§A5-8 of Fed.T ID#1/ �0) AM
Article V of the Suffolk Coun ' Cole,and that Date:
b,0y1 (A ! y OU meetsall �� l
requirements to qualify for exemption thereunder. ��v �s �;6 hereby
certi s��rpenalties ofperjury that I am an officer
Name�Ctl I SS Date ` I�3 of
that I have 4d and I am familiar wi &§A5-8 of
Article V the Suffolk County Code,and that
meets all
e nts to qualify for exemption thereunder.
ADDITIONAL SIGNATURES ON
FOLLOWING PAGE am
Date
C
1 of 29Pag es 00 5-L q
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Approved;
Youth Bureau
By: ,
Name: Roderick A.Pearson
Title: Executive Director
Date:
v
Approved s to or
Dennis M. own
County r ey
B
Samantha N.McEachin
Assistant County t7ey
Date: ��
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List of Articles
Article I
Description of Services
Article I-A
Department Specific Provisions
1. Certificate of Incorporation; Board Meetings
2. Contractor's Staff
a. Prior Approval
b. Current Procedures
3. Human Services Division Technical Assistance and Training
Article II
Definitions
1. Meanings of Terms
2. Elements of Interpretation
Article III
General Terms and Conditions
1. Contractor Responsibilities
a. Duties and Obligations
b. Qualifications, Licenses, and Professional Standards
c. Notifications
d. Documentation of Professional Standards
e. Credentialing
f. Engineering Certificate
2. Termination
a. Thirty Days Termination
b. Event of Default; Termination on Notice
c. Termination Notice
d. Duties upon Termination
3. Indemnification and Defense
4. Insurance
5. Independent Contractor
6. Severability
7. Merger;No Oral Changes
8. Set-Off Rights
9. Non-Discrimination in Services
10.Nonsectarian Declaration
11. Governing Law
12.No Waiver
13. Conflicts of Interest
14. Cooperation on Claims
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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
15. Suffolk County Code of Ethics
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
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2. Subject to Appropriation of Funds
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
4. Accounting Procedures
5. Audit of Financial Statements
6. Financial Statements and Audit Requirements
7. Furniture,Fixtures, Equipment, Materials, Supplies
a. Purchases, Rentals or Leases Requiring Prior Approval
b. Purchase Practices/Proprietary Interest of County
c. County's Right to Take Title and Possession
d. Inventory Records, Controls and Reports
e. Protection of Property in Contractor's Custody
f. Disposition of Property in Contractor's Custody
8. Lease or Rental Agreements
9. Statement of Other Contracts
10. Miscellaneous Fiscal Terms and Conditions
,a. Limit of County's Obligations
b. Duplicate Payment from Other Sources
c. Funding Identification
'd. Outside Funding for Non-County Funded Activities
e. Potential Revenue
f. Payments Contingent upon State/Federal Funding
g. Denial of Aid
h. Budget
i. Payment of Claims
j. Payments Limited to-Actual Net Expenditures
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1
1. Salaries
in. Salary Increases
n. Contractor Vacancies
o. No Limitation On Rights
p. Comptroller's Rules and Regulations
Article VI
Budget
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Article I
Description of Services
Whereas,the Contractor has been identified in the 2018 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 unli ss 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,Annual Agency Overview face
page (See;2-3 Pages Following,As Applicable)
4. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013
a. If payment under this Contract may exceed$50,000, it is subject to the requirements of Suffolk
County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to
Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of
Chapter 189 of the Suffolk County Code)as set forth in Article IV of this Contract entitled"Suffolk
County Legislative Requirements."
b.; The Contractor shall cooperate with the Department in all aspects necessary to carry out the
requirements of Local Law 41-2013.
5. SuffolkSTAT
6 of 29 pages
ARTICLE I
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Beginning in the second month of the Contract Term for contracts subj ect to Suffolk County Local Law No.
41-2013, the Contractor shall submit monthly actual performance data, also known as key performance
indicators ("Ms") for the prior month's data, and analysis of the Contract performance measures via the
County's SuffolkSTAT application by linking onto http://suffolkstat.suffolkcountyny.gov no later than the
15th of each month of the Contract Term,as more specifically set forth in the Annual Agency Overview face
page.
End of Text for Article I
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7 of 29 pages
ARTICLE I
i
OCFS-5001(Rev.1112013) Pagel of 2
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
INDIVIDUAL PROGRAM APPLICATION
Program Information
Program Title f °•'_
g QlDS3ID#Y(For�C'ornfyUseOni - Program Year.
Southold Youth Services61 0 IF
i3R4^y".Sii ZA3xq<-t: ^.3;,5inv •`7." f='Y._ -.w - -
=K.? ..?'t=r'`a`:'•> FrS.".3i' i•�.:,y^ �F,n„�i1�:p.•�.:�is5ir`�..SccS',<''•'3rY,,�.•x ef•4,�<`�Y,.•_:T-• - - .-^tYF:r,.^.,.e-^"a•A'(<'ea,:p�__•t. -i.e,-Y tn'v
kF'l1t�DING�� x-RM'_� '_�:.�:< .-�.� .>y�': �5 ~�.��.�� �:,�.c.. �.�-s- ��'�=:•: .9....-x, - cs=.s.'" =:=�t� -
•e.. �JNFO, ,4TIO1V ..�,. 3.. ,-�� _ ..�.>` _.�_.:� ..�::__-�:':
- _ °�r: _w.. X.3 F.'kJr.,:.}".-:.•n..,»:�rir:-`i; n'd�a. 's':h .',�,✓..._ ,J:`..-;.. _ "s3_".;.a�:=:.«�.=..
Funding Category County:
❑Youth Development Funding ❑ RHYA-Part 1 ❑ RHYA-Part II Suffolk
.i+`'„�?�:�-�.' �:a'pn'.A,R.Noj r":,'.-fir�Y,..r^..';:�5^y.•"�� .R•.,'�.K'w..-Y'!<`i}"."'°� �3R'.°-,.- - _ _
_�,.,µ�F :,,z ,•„3;a,.-�;�, ,;��4'... �_ps,n�s=: �s,.,,, a�_.�,�<,;�.��-:• �:,�;.�.;;�1,.,�z`:;:;•:.=1 Rn^'�'.;3•.
::F�UNDrA'M»O.UN,T,S:�:.';�< -��:, _ ..�_- •�.- :,�°s .3 �'�- - =- _ -_ -
Total Pro ram Amount. OCFS Funds Requested
81570
-> yx:�,t��'• _ �.�� ��r;�%w'
60%State YA Programs ONLY] %Tax Match
teA�d[RH
%Agenc
•.t' a{:` ;'i:'- y{��,;>r1���'�;��,",}=r`.:-�;:�t��~"v��;i`, �..Y� .r� rs:�;°�n,_ y Cash %In Kind
_7
r ';,k< :'C•%�snc :c=:i;.f..w-...:�w,:�.x.���:s:�.;.ta�tr���K�S w:
.?�." �Z� :ix �",.`�%:'iC4.9"t ;b'[o:+:v'-Y1;%a.l`^"v'S-: '.l,✓z)a �M-`^ "^_�'am5k@>s; '-•f" "'.Y'.,.5• _ 3 K_r
q_:E,_CY N �-> ,.<;,�.�>���-.•r� r"`�2��', a:,��« ��7`. -x�,;s~s .rf.- ��w.,�;=:z :<rw.,.,,r°µr.:wY
.Y°,.� +f-.s4.O - n S,'Ti"k,1ttRs i•4..,,iC4m.t y� r�i „� +S'L'/„��. i.i ua��:. Z ':-+ai•`..�<�.. .7:'v�.'-,•." .. =s .-n
.;ve.`'e.a ,^�-f:S'ssiz�:....>-."Pa: �3 .x°i'+"'. �x «i Yz�::':i.,"•:3'..z..
This Agency is. mN Federal ID#. Charities Reg'#
❑ Private,Not for Profit ElPublic ❑Religious Corporations 1.1-6001930 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. State* Zip Code
Southold NY 11971-0959
L�...,„f.,a^� _'rti�=r'«=d.,4w Y-""<�:`;S.-viS:`'S,.�.'..'^`r�..,`._r i.;j`'� 'S'tx`.`,`fr' .v�..x., rt.e rte:^ :T`',k."�y'- ..,tY...�a', ,ry:s:•- _ _
3e "'3` >}. w ;a,'��.,;�., 'r;;.i,...rY, ;`.rl. - :=x=.'•`'r':4 'e•,` Y.:
•EXECUTIUE�`DIRECTO
s. R<FORAGENGY; :�;�;.;•, .�.k;= �,�.•., _�t,�::�:4•,.zh,. �-� �:� .,.., ,:r.;�?�;:, .,- _ 'r°�; ;a„
Last Name First Name*
Russell Scott
Title Phone Number Extension:
Supervisor 631765-1889
Fax Number. E-Mail.
631765-1823 scott.russell@town.southold.nylus
_ -'.�Y l:: 'tF.i:�., L' '� -:�'3`M"'?'as''�'>;*`,:gS.`, ;ay^'o.;;:t.".<':':i•`:;" S;S:nK+rs:.w r:y� :...r.. - ..�...r_.».
:`;.L:.z--..wr',,•.;�tr.:-
•
i:CONTAG'f P,ERSON:FORAGENCY: ���;,_ ,..v. "z#�. k�,m�,3 .,�-�',_ �•�.. ,Y::�.,�:;.�x. .,a :�: .�'� ,a;�.. sr•�:;��el-
Last Name First Name
-
L
Lynn
Title Phone Number- Extension
Youth Bureau Director 631 w 765-8251
Fax Number E-Mail
631 765-1823 lynnn@southoldtownny.gov
WPM
-
_�,,,'°u�',':Y�?�.a:;�5.ry�<t e t's`.' :. "'S+',^i:6.V,-7A:;�','EA'ff�_un n:-sT";;.`.:=::,::±�c�:ty;<.�,w.u,--ire x •<nr.`:''?;.}:'r"=>,�..�'.:.. -._fe''.�%�.
_�PEFtIOD�OF,AGTI:IAL=PFtOGR_AM_ 4.OP�ERATION�=, �:.�.x :_..' •���=�r� �.•� - -:�_>'-•;.>• :���fs��'�:=°�'�;�'
,,:�,re,�:x..,•r_r ..�".-°.:�-_�:.�,.. �HO.URS,OF�;OP'<ERA�T(_ON:i.a��.:-- f �,�%^'��z;.3�=<'���,�.., -
FROM: 1/01/201 TO: 12/31/201SFROM: gam TO. Spin
[Z Daily ❑ Other(Explain)
EXECUTIVE DIRECTORY/BOARD CHAIRPERSON SIGNATURE
Disclaimer:Please note that submission of these forms to the County Youth Bureau does NOT
guarantee funding will be allocated to your program.
❑ Changes have been submitted on the electronic OCFS-5001,5002,5003
J
PROGRAM DESCRIPTiON
The Southold Youth Services Program provides individual, group,-family and
crisis intervention counseling plus alcohol and substance abuse
preventionleducation 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 Towri--
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 i gericles, schools, the Southold Juvenile Aid Bureau, Suffolk
County Probation Department-andthe 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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Article IA
Department Specific Provisions
(2) Contractor Letters
1. Certificate of Incorporation;Board Meetings The Contractor agrees to furnish to the
County letter(s)regarding all personnel
a. The Contractor shall furnish the Department with to be hired for the Services. The
certified copies of its Certificate of Incorporation letter(s)shall include,but not be
and by-laws,including any amendments thereto, limited to:
at the time it signs this Contract,to the extent not
already on file with the Department,and any i.) The specific tasks to be
amendments thereto during the term of this performed by the individual
Contract promptly upon their adoption,and a list employees during the course
of the board members governing the Contractor of the Services.
from time to time. The contractor shall not
dissolve any existing corporation or establish any ii.) Salaries and hours to be
new corporation with the responsibility for the worked by the individual
operation of the program without the prior employees during the course
written approval of the Department. of the Services.
b. Minutes of the Contractor's annual board (3) County Approval
meeting and one other board meeting,no longer
than six(6)months thereafter,should be The County reserves the right to
forwarded to the Department within two(2) approve principal services personnel
weeks after the conclusion of the meetings. proposed by the Contractor at the time
of entering into this Contract. Reasons
2. Contractor's Staff for the County not approving said
personnel shall be for lack of
a. Prior Approval qualification or lack of demonstration
by the Contractor that said proposed
The Department shall have the right to prior personnel will not have a deleterious
approval of the filling of any position now vacant effect on the proper and efficient
or hereafter becoming vacant and may,in the operation of the Services.
exercise of that right,promulgate reasonable
regulations involving position control which (4) Job Descriptions,Qualifications
shall,when promulgated,be deemed to be
incorporated by reference in and be made part of The Contractor will nominate to the
this Contract. Department a Service director chosen
on the basis of the job description
b. Current Procedures below. The Department shall review
such nominations and may confirm
(1) Resumes them. Other staff positions provided
for in this Contract will be filled in
The Contractor,at its own expense, accordance with written job
agrees to furnish to the Department descriptions as provided below.
resumes of all personnel to be hired for Employment of any staff member under
the Services referred to in this Contract, the terms of this Contract shall be
prior to their being hired. Resumes subject to ongoing review for
shall include,but not limited to: competency and aptitude of the staff
member by the Department or its
i.) Previous job title(s)of the designees.The Department may
individual employee and the recommend dismissal or suspension of
length of employment under any staff member under this Contract.
each title;and/or
(5) Service Director
ii.) Previous experience and
length of previous experience i.) Qualifications: Graduation
with a task or tasks similar or from an accredited college
equal to the Services. and/or university with a
8 of 29 pages
ARTICLE I
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Master's Degree in Social
ii) Duties:Report to Service
director;shall carry out
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
I nonprofessional staff and reporting,the setting of service goals and
volunteers;has charge of objectives,and service development.
petty cash account;make
ipurchases 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`Yorker
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.
9 of 29 pages
ARTICLE T
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Article II d. the Contractor's failure to comply with any
Definitions Federal,State or local law,rule,or regulation,and
County policies or directives;or
1. Meanings of Terms
I e. the Contractor's bankruptcy or insolvency;or
As used herein:
f. the Contractor's failure to cooperate in an Audit of
"Audit of Financial Statements"means the examination by Financial Statements;or
the Comptroller;and any Federal or State auditing authority of
the financial statements of the Contractor resulting in the g. the Contractor's falsification of records or reports,
publication of an independent opinion on whether or not those misuse of funds,or malfeasance or nonfeasance in
financial statements are relevant,accurate,complete,and fairly financial record keeping arising out of, or in
presented. connection with,any contract with the County;or
"Budget"means the Contractor's summary or plan of all h. the Contractor's failure to submit, or failure to
intended revenue,whether received in the form of fees,grants,County timely submit,documentation to obtain Federal or
funding,or any other source,and expenditures necessary to render the State funds;or
Services.
i. the inability of the County or the Contractor to
"Budget Deficiency Plan" means an analysis of the cost of the obtain Federal or State funds due to any act or
Services,changes in fiscal conditions,and required modifications to the omission of the Contractor;or
Contract to continue to render the Services.
I j. any condition that the County determines, in its
"Comptroller"means the Comptroller of the County of Suffolk. sole discretion,is dangerous.
I
"Contract"means all terms and conditions of this Contract forming all k. the failure to comply with Local Law 41-2013 and
rights and obligations of the Contractor and the County. related contractual requirements.
"Contractor"means the signatory corporation,its officers, officials, "Federal"means the United States government,its departments,and
employees, agents, servants, sub-contractors, volunteers, and any agencies.
successor or assign of any one or more of the foregoing performing the
Services. i "Fringe Benefits"means non-wage benefits which accompany,or are
in addition to, a person's salary, such as paid insurance, sick leave,
"County"means the County of Suffolk,its departments,and agencies. profit-sharing plans,paid holidays,and vacations.
"County Attorney" means the County Attorney of the County of "Fund Source" means any direct or indirect sum payable to the
Suffolk. Contractor by the County pursuant to any lawful obligation.
f
"Department"means the signatory department approving the Contract. "Legislature"means the Legislature of the County of Suffolk.
"Engineering Services" means the definition of the practice of "Nlanagement Letter" means a letter certified as true by the
engineering and the definition of practice of land surveying,as the case Contractor's certified public accountant or chief financial officer of
may be,under Section 7201 and Section 7203 of the State Education findings and recommendations for improvements in internal fiscal
Law,respectively. control that were identified during an Audit ofFinancial Statements,but
which were not required to be included in an audit report.
"Event of Default"means
i
"Municipal Corporation"means a town,village,or school district.
a. the Contractor's failure to perform any duty
required of it under paragraphs 1(b)-(e)of Article "Services"means all that which the Contractor must do,and any part
III of the Contract;or thereof arising out of,or in connection with,the Contract as described
in Article I"Description of Services."
b. the Contractor's failure to maintain the amount and
types of insurance with an authorized insurer as "State"means the State of New York.
required by the Contract;or
"Statement of Other Contracts" means a complete list of all other
C. the Contractor's failure to maintain insurance contracts under which money has been or will be paid to the Contractor
required by the Contract with an insurer that has from the County, Federal, or State governments, or a Municipal
Corporation, and i which are currently in effect or(ii) which have
designated the New York Superintendent of � () y ( )
Insurance as its lawful agent for service of process; expired within the past twelve(12)months and have not been renewed.
or
10 of 29 pages
ARTICLE II
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"Suffolk County Payment Voucher"means the document authorized
and required by the Comptroller for release of payment.
"Term"means the time period set forth on page one of the Contract
and,if exercised by the County,the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms, associations,
partnerships(including limited partnerships),trusts,corporations,and
other legal entities,including public bodies,as well as natural persons,
and shall include successors and assigns.
Capitalized terms used,but not otherwise defined,herein,shall have the
meanings assigned to them in the Contract.
End of Text for Article 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
Contractor's ability to render the Services, every
1. Contractor Responsibilities other term and provision of the Contract shall be
valid and enforceable to the fullest extent permitted
a. i 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
i 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. I Qualifications, Licenses, and Professional Contractor shall complete the required
Standards credentialing process. In the event that any State
credential, registration, certification or license,
The Contractor represents and warrants that it has,and shall Drug Enforcement Agency registration, or
continuously possess,during the Term,the required licensing, 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 necessary to 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
iauthority 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
ii.) 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
I 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
i 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 b. The Contractor hereby represents and warrants that
given'at least thirty(3 0)days'notice. it will not infringe upon any copyright in performing the
Services. The Contractor agrees that it shall protect,
b. Event of Default;Termination on Notice indemnify,and hold harmless the County,its agents,servants,
i officials,and employees from and against all liabilities,fines,
i.) The County may immediately terminate penalties, actions, damages, claims, demands, judgments,
the Contract, for cause, upon such terms and losses,suits or actions,costs,and expenses arising out of any
conditions it deems appropriate, in the Event of claim asserted for infringement of copyright, including
Default. reimbursement of the cost of reasonable attorneys' fees
incurred by the County, its agents, servants, officials, and
ii.) If the Contractor defaults under any other employees in any action or proceeding arising out of or in
provision of the Contract, the County may connection with any claim asserted for infringement of
terminate the Contract, on not less than five (5) copyright.
days' notice, upon such terms and conditions it
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deems appropriate. C. The Contractor shall defend the County,its agents,
servants, officials, and employees in any proceeding or
C. Termination Notice action, including appeals, arising out of, or in connection
with, the Contract, and any copyright infringement
Any notice providing for termination shall be delivered as proceeding or action.Alternatively, at the County's option,
provided for in paragraph 27 of this Article III. the County may defend any such proceeding or action and
require the Contractor to pay reasonable attorneys' fees or
d. Duties upon Termination salary costs of County employees of the Department of Law
for the defense of any such suit.
i.) The Contractor shall discontinue the
Services as directed in the termination notice. 4. Insurance
1 ii.) Subject to any defenses available to it, a. The Contractor shall continuously maintain,during
the County shall pay the Contractor for the the Term of the Contract,insurance in amounts and types as
Services rendered through the date of termination. follows:
iii.) The County is released from any and all
liability under the Contract,effective as of the date i.) Commercial General Liability insurance,
of the termination notice. including contractual liability coverage, in an
amount not less than Two Million Dollars
iv.) Upon termination, the Contractor shall ($2,000,000.00) per occurrence for bodily injury
reimburse the County the balance of any funds and Two Million Dollars ($2,000,000.00) per
advanced to the Contractor by the County no later occurrence for property damage. The County shall
than thirty (30) days after termination of the be named an additional insured.
Contract The provisions of this subparagraph shall
survive the expiration or termination of the ii.) Automobile Liability insurance (if any
Contract. non-owned or owned vehicles are used by the
Contractor in the performance of the Contract)in
V.) Nothing contained in this paragraph shall an amount not less than Five Hundred Thousand
be construed as a limitation on the County's rights Dollars($500,000.00)per person,per accident,for
set forth in paragraphs 1(c) (iii) and 8 of this bodily injury and not less than One Hundred
Article III. Thousand Dollars ($100,000.00) for property
damage per occurrence.The County shall be named
3. Indemnification and Defense an additional insured.
a. The Contractor shall protect,indemnify,and hold iii.) Workers'Compensation and Employer's
harmless the County, its agents, servants, officials, and Liability insurance in compliance with all
employees from and against all liabilities, fines, penalties, applicable New York State laws and regulations
actions,damages,claims,demands,judgments,losses,suits and Disability Benefits insurance, if required by
or actions, costs,and expenses caused by the negligence or law. The Contractor shall famish to the County,
any acts or omissions of the Contractor, including prior to its execution of the Contract, the
reimbursement of the cost of reasonable attorneys' fees documentation required by the State of New York
incurred by the County, its agents, servants, officials, and Workers' Compensation Board of coverage or
employees in any action or proceeding arising out of, or in exemption from coverage pursuant to§§57 and 220
connection with,the Contract. of the 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. In the case of commercial general liability insurance statutory rights of set-off. These rights shall include,but not
the Contractor shall furnish to the County, prior to the be limited to,the County's option to withhold from a Fund
execution of the Contract, a declaration page or insuring Source an amount no greater than any sum due and owing to
agreement and endorsement page evidencing the County's the County for any reason. The County shall exercise its set-
status as an additional insured on said policy, and upon off rights subject to approval by the County Attorney. In
demand, a true and certified original copy of such policy cases of set-off pursuant to a Comptroller's audit,the County
evidencing compliance with the aforesaid insurance shall only exercise such right after the finalization thereof,
requirements. and only after consultation with the County Attorney.
L 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 is different, or provided in a different
required in such manner as the County deems appropriate and manner, from those provided to others
deduct the cost thereof from a Fund Source. pursuant to the Contract;or
iii.) subject an individual to segregation or
h. If the Contractor is a Municipal Corporation and separate treatment in any matter related
has a self-insurance program under which it acts as a self- to the individual's receipt of the Services
insurer for any of such required coverage,the Contractor shall 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
5. Independent Contractor pursuant to the Contract;or
treat an individual differently from others
The Contractor is not, and shall never be, considered an in determining whether or not the
employee of the County for any purpose. Notwithstanding individual satisfies any eligibility or
anything contained in this Contract,the Contract shall not be 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 ofthe 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 of the 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(201/o)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 under penalties of perjury that,other
one hundred eighty(180)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 of ten(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 Measures 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 Dgartment,asrymore hilly set forth in Articlg
I;and�Ahcle`IV:of this�,Contiact.
C. The Contractor shall submit an annual report to the
Department regarding the Contractor's performance no later
than July 31 of each year of the Term.All performance data
and reports will be subject to audit by the Comptroller.
27. Notice
Unless otherwise expressly provided, all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular first class mail and certified mail, or personally
delivered during business hours as follows: 1.) to the
Contractor at the address on page 1 of the Contract and 2.)to
the County at the Department,or as to either of the foregoing,
to such other address as the addressee shall have indicated by
prior written notice to the addressor. All notices received by
the Contractor relating to a legal claim shall be immediately
sent to the Department and also to the County Attorney at H.
Lee Dennison Building, 100 Veterans Memorial Highway,
P.O.Box 6100,(Sixth Floor),Hauppauge,New York,11788-
0099.
End of Text for Article III
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LIVING WAGE CERTIFICATION/DECLARATION-
Article IV SUBJECT TO AUDIT."
Suffolk County Legislative Requirements
3. Use of County Resources to Interfere with Collective
NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Bargaining Activities
REQUIREMENTS FORMS REFERENCED HEREIN ARE It shall be the duty of the Contractor to read,become familiar
AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON with, and comply with the requirements of Article I of
THE SIGNATURE PAGE OF THIS CONTRACT. Chapter 803 of the Suffolk County Code.
1. Contractor's/Vendor's Public Disclosure Statement County Contractors,(as defined by section 803-2) shall
comply with all requirements of Chapter 803 of the Suffolk
It shall be the duty of the Contractor to read,become familiar County Code,including the following prohibitions:
with, and comply with the requirements of section A5-8 of
Article V of the Suffolk County Code. a. The Contractor shall not use County funds to assist,
promote,or deter union organizing.
Unless certified by an officer of the Contractor as being
exempt from the requirements of section A5-8 of Article V of b. No County funds shall be used to reimburse the
the Suffolk County Code, the Contractor represents and Contractor for any costs incurred to assist,promote,
warrants that it has filed with the Comptroller the verified or deter union organizing.
public disclosure statement required by Suffolk County
Administrative Code Article V,section A5-8 and shall file an C. No employer shall use County property to hold a
update of such statement with the Comptroller on or before meeting with employees or supervisors if the
the 31st day of January in each year of the Contract's purpose of such meeting is to assist, promote, or
duration. The Contractor acknowledges that such filing is a deter union organizing.
material,contractual and statutory duty and that the failure to
file such statement shall constitute a material breach of the If the Services are performed on County property, the
Contract, for which the County shall be entitled, upon a Contractor must adopt a reasonable access agreement, a
determination that such breach has occurred,to damages,in neutrality agreement, fair communication agreement, non-
addition to all other legal remedies,of fifteen percent(15%) intimidation agreement, and a majority authorization card
of the amount of the Contract. agreement.
Required Form: If the Services are for the provision of human services and are
Suffolk County Form SCEX 22; entitled not to be performed on County property,the Contractor must
"Contractor's/Vendor's Public Disclosure Statement" adopt,at the least,a neutrality agreement.
2. Living Wage Law Under the provisions of Chapter 803,the County shall have
the authority,under appropriate circumstances,to terminate
It shall'be the duty of the Contractor to read,become familiar the Contract and to seek other remedies as set forth therein,
with, and comply with the requirements of Chapter 575, of for violations of this Law.
the Suffolk County Code.
Required Form:
This Contract is subject to the Living Wage Law of the Suffolk County Labor Law Form DOL-LO 1;entitled"Suffolk
County of Suffolk. The law requires that, unless specific County Department of Labor—Labor Mediation Unit Union
exemptions apply, all employers(as defined)under service Organizing Certification/Declaration-Subject to Audit."
contracts and recipients of County financial assistance, (as
defined) shall provide payment of a minimum wage to 4. Lawful Hiring of Employees Law
employees as set forth in the Living Wage Law. Such rate
shall be adjusted annually pursuant to the terms of the Suffolk It shall be the duty of the Contractor to read,become familiar
County Living Wage Law of the County of Suffolk.Under with, and comply with the requirements of Article II of
the provisions of the Living Wage Law,the County shall have Chapter 353 of the Suffolk County Code.
the authority,under appropriate circumstances,to terminate
the Contract and to seek other remedies as set forth therein, This Contract is subject to the Lawful Hiring of Employees
for violations of this Law. Law of the County of Suffolk. It provides that all covered
employers, (as defined),and the owners thereof,as the case
Required Forms: may be,that are recipients of compensation from the County
through any grant, loan, subsidy, funding, appropriation,
Suffolk County Living Wage Form DOL-LW1/38(Revised payment, tax incentive, contract, subcontract, license
8/2017)entitled"SUFFOLK COUNTY DEPARTMENT OF agreement,lease or other financial compensation agreement
LABOR,LICENSING&CONSUMER AFFAIRS—NOTICE issued by the County or an awarding agency, where such
OF APPLICATION FOR COUNTY COMPENSATION- compensation is one hundred percent(100%)funded by the
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County, shall submit a completed sworn affidavit (under "SUFFOLK COUNTY DEPARTMENT OF LABOR,
penalty of perjury),the form of which is attached,certifying LICENSING, & CONSUMER AFFAIRS —NOTICE OF
that they have complied,in good faith,with the requirements APPLICATION TO CERTIFY COMPLIANCE WITH
of Title 8 of the United States Code Section 1324a with FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH
respect to the hiring of covered employees(as defined)and RESPECT TO LAWFUL HIRING OF EMPLOYEES,
with respect to the alien and nationality status of the owners Suffolk County Code,Chapter 353(2006)"DOL-LEE 1/2
thereof. The affidavit shall be executed by an authorized (REVISED 8/2017).
representative of the covered employer or owner,as the case
may be;shall be part of any executed contract,subcontract, 5. Gratuities
license agreement, lease or other financial compensation
agreement with the County; and shall be made available to It shall be the duty of the Contractor to read,become familiar
the public upon request. with,and comply with the requirements of Chapter 664 of the
All contractors and subcontractors (as defined) of covered Suffolk County Code.
employers,and the owners thereof,as the case may be,that The Contractor represents and warrants that it has not offered
are assigned to perform work in connection with a County or given any gratuity to any official,employee or agent of the
contract, subcontract, license agreement, lease or other County or the State or of any political parry,with the purpose
financial compensation agreement issued by the County or or intent of securing an agreement or securing favorable
awarding agency,where such compensation is one hundred treatment with respect to the awarding or amending of an
percent (100%) funded by the County, shall submit to the agreement or the making of any determinations with respect
covered employer a completed sworn affidavit(under penalty to the performance of an agreement.
of perjury),the form of which is attached,certifying that they
have complied,in good faith,with the requirements of Title 8 6. Prohibition Against Contracting with Corporations
of the United States Code Section 1324a with respect to the that Reincorporate Overseas
hiring of covered employees and with respect to the alien and
nationality status of the owners thereof,as the case may be. It shall be the duty of the Contractor to read,become familiar
The affidavit shall be executed by an authorized with, and comply with the requirements of sections A4-13
representative of the contractor,subcontractor,or owner,as and A4-14 of Article IV of the Suffolk County Code.
the case may be; shall be part of any executed contract,
subcontract, license agreement, lease or other financial The Contractor represents that it is in compliance with
compensation agreement between the covered employer and sections A4-13 and A4-14 of Article IV of the Suffolk
the County;and shall be made available to the public upon County Code. Such law provides that no contract for
request. consulting services or goods and services shall be awarded by
the County to a business previously incorporated within the
An updated affidavit shall be submitted by each such U.S.A.that has reincorporated outside the U.S.A.
employer,owner,contractor and subcontractor no later than
January 1 of each year for the duration of any contract and
upon the renewal or amendment of the Contract, and 7. Child Sexual Abuse Reporting Policy
whenever a new contractor or subcontractor is hired under the
terms of the Contract. It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Article II of
The Contractor acknowledges that such filings are a material, Chapter 880 of the Suffolk County Code
contractual and statutory duty and that the failure to file any
such statement shall constitute a material breach of the The Contractor shall comply with Article II of Chapter 880,
Contract. of the Suffolk County Code, entitled"Child Sexual Abuse
Reporting Policy,"as now in effect or amended hereafter or
Under the provisions of the Lawful Hiring of Employees of any other Suffolk County Local Law that may become
Law, the County shall have the authority to terminate the
applicable during the term of the Contract with regard to
Contract for violations of this Law and to seek other remedies child sexual abuse reporting policy.
available under the law.
S. Non Responsible Bidder
The documentation mandated to be kept by this law shall at
all times be kept on site. Employee sign-in sheets and It shall be the duty of the Contractor to read,become familiar
register/log books shall be kept on site at all times during with, and comply with the requirements of Article II of
working hours and all covered employees,as defined in the Chapter 189 of the Suffolk County Code.
law,shall be required to sign such sign-in sheets/register/log
books to indicate their presence on the site during such Upon signing the Contract,the Contractor certifies that it has
working hours. not been convicted of a criminal offense within the last ten
(10)years. The term"conviction"shall mean a finding of
Required Forms: guilty after a trial or a plea of guilty to an offense covered
under section 189-5 of the Suffolk County Code under
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"Nonresponsible Bidder." prohibited from selling or otherwise providing to any third
party,in any manner whatsoever,the personal or identifying
9. Use of Funds in Prosecution of Civil Actions information of any minor participating in their programs.
Prohibited
13. Contract Agency Performance Measures and
It shall be the duty of the Contractor to read,become 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
with, and comply with the requirements of Suffolk County
The Contractor shall not use any of the moneys,in part or in Local Law No. 41-2013, a vCharter 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)as more fully set
administrative forum. forth in Article I and Article III of this Contract.
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 of the Contractor to read,become familiar to identify the key performance measures related to the
with, and comply with Article III of Chapter 730 of the objectives of the services that the contract agency provides
Suffolk County Code. and shall develop an annual performance reporting plan.The
contract agency shall cooperate with the administering
All contract agencies that conduct youth sports programs are department and the County Executive's Performance
required to develop and maintain a written plan or policy Management Team to establish appropriate performance
addressing incidents of possible or actual concussion or other indicators and targets for monthly evaluation of the contract
head injuries among sports program participants.Such plan or agency's performance.
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
any liability in connection with any such plan or policy. Suffolk County Local Laws,Rules and Regulations can be
accessed on the homepage of the Suffolk County Legislature.
11. `York Experience Participation
If the Contractor is a not-for-profit or governmental agency or 15. Suffolk County Code of Ethics
institution,each of the Contractor's locations in the County at
which the Services are provided shall be a work site for As required by Suffolk County Standard Operating Procedure
public-assistance clients of Suffolk County pursuant to A-06,the following is a link to the Suffolk County Ethics
Chapter 281 of the Suffolk County Code at all times during Booklet,which contains the provisions of the Suffolk County
the Term of the Contract. If no Memorandum of Code of Ethics:
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- http://www.suffolkcountyny.gov/Portals/OBoardofethics/C
profit or governmental agency or institution,shall enter into ode%20of%20Ethics%20Booklet%20-
such MOU as soon as possible after the execution of the %20New%20Revised°/"20May%202017.pdf
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 End of Text for Article IV
withhold payment, terminate the Contract or exercise such
other remedies as may be appropriate in the circumstances.
12. Safeguarding Personal Information of Minors
It shall be the duty ofthe Contractor to read,become familiar
with, and comply with the requirements of Suffolk County
Local Law No. 20-2013, a Local Law to Safeguard the
Personal Information of Minors in Suffolk County.
All contract agencies that provide services to minors are
required to protect the privacy of the minors and are strictly
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Article V form(s)required by County or the Suffolk County
General Fiscal Terms and Conditions Department of Audit and Control, shall be
famished to the County pursuant to,and as limited
1. General Payment Terms by,the Regulations for Accounting Procedures for
Contract Agencies of the Suffolk County
a. Presentation of Suffolk County Payment Department of Audit and Control. In addition to
Voucher any other remedies that the County may have,
failure to supply the required documentation will
In order for payment to be made by the County to disqualify the Contractor from any further County
the Contractor for the Services,the Contractor shall contracts.
prepare and present a Suffolk County Payment
Voucher,which shall be documented by sufficient, C. Payment by County
competent and evidential matter. Each Suffolk
County Payment Voucher submitted for payment is Payment by the County shall be made within thirty
subject to Audit at any time during the Term or any (30) days after approval of the Suffolk County
Payment Voucher by the Comptroller.
extension thereof. This provision shall survive
expiration or termination of this Contract for a
period of not less than seven(7)years,and access d. Budget Modification
to records shall be as set forth in paragraph 25 of
Article III,and paragraph 4(b)of Article V. i.) The parties shall use the Contract Budget
Modification Request form ("Budget
b. Voucher Documentation Modification") for revisions to the
Budget and Services not involving an
The Suffolk County Payment Voucher shall list all increase to the total cost of the Contract.
information regarding the Services and other items If the Contractor is seeking such a
for which expenditures have been or will be made modification, the Contractor shall
in accordance with the Contract. Either upon contact the Department to receive the
execution of the Contract(for the Services already form and enter the required information.
rendered and expenditures already made), or not When the County and the Contractor
more than thirty(30) days after the expenditures agree as to such revisions,the Contractor
were made, and in no event after the 31' day of shall sign the Budget Modification form
January following the end of each year of the and return it to the County for execution
Contract,the Contractor shall furnish the County along with any other documentation the
with detailed documentation in support of the Department may require.
payment for the Services or expenditures under the
Contract e.g. dates of the Service, worksite ii.) Such request must be made in advance of
locations,activities,hours worked,pay rates and all incurring any expenditure for which the
revision is needed.
program Budget categories. The Suffolk County
Payment Voucher shall include time records,
certified by the Contractor as true and accurate,of iii.) Upon complete execution of the Budget
all personnel for whom expenditures are claimed Modification form, the County shall
during the period. Time and attendance records of return a copy to the Contractor. The
a Contractor's Director/Executive Director shall be revision shall not effective until the
certified by the Chairperson, President or other Budget Modification, is completely
designated member of the Board of Directors of the executed.
Contractor and shall be maintained by the
Contractor for audit. All Suffolk County Payment iv.) The Budget Modification form may be
Vouchers must bear a signature as that term is submitted only twice per calendar year
defined pursuant to New York State General and may only be submitted prior to
Construction Law§46 by duly authorized persons, November 15 of that year.
and certification of such authorization with
certified specimen signatures thereon must be filed C. Budget and/or Services Revisions
with the County by a Contractor official
empowered to sign the Contract. i.) The parties shall use the Contract
Disbursements made by the Contractor in Budget/Services Revision Approval
accordance with the Contract and submitted for Form (Budget/Services Revisions) for
reimbursement must be documented and must revisions to the Budget and Services
comply with accounting procedures as set forth by involving any change to the total cost
the Suffolk County Department of Audit and the Contract due to a resolution of the
Control. Documentation, including any other Legislature, changes to the County's
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adopted annual budget,or for any other under which such reimbursement shall
reason necessitating revisions to the be paid.
Budget or Services.
ii.) When the County and the Contractor C. The County may, during the Term, impose a
agree as to such revisions, the Budget Deficiency Plan. In the event that a 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)
days.
may require.
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 a. Upon request,the Contractor shall submit to the
shall not be effective until the Budget County a current copy,certified by the Contractor
/Services Revisions is completely as true and accurate,of its
executed.
f. Taxes i.) salary scale for all positions listed in the
Budget;
The charges payable to the Contractor under the ii.) personnel rules and procedures;
Contract are exclusive of federal, state, and local
taxes,the County being a municipality exempt from
payment of such taxes. iii.) pension plan and any other employee
benefit plans or arrangements.
g. Final Voucher b. The Contractor shall not be entitled to
reimbursement for costs under any pension or
The acceptance by the Contractor of payment of all benefit plan the Comptroller deems commercially
billings made on the final approved Suffolk County unreasonable.
Payment Voucher shall operate as and shall be a
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
requesting such additional financial information it
2. Subject to Appropriation of Funds deems reasonable.
a. The Contract is subject to the amount of funds 4. Accounting Procedures
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature, a. The Contractor shall maintain accounts, books,
and no liability shall be incurred by the County records, documents, other evidence, and accounting
beyond the amount of funds appropriated each procedures and practices which sufficiently and
fiscal year by the County Legislature for the properly reflect all direct and indirect costs of any
Services. nature expended in the performance of the Contract,in
accordance with generally accepted accounting
b. If the County fails to receive Federal or State funds principles and with rules, regulations and financial
originally intended to pay for the Services, or to directives, as may be promulgated by the Suffolk
reimburse the County, in whole or in part, for County Department of Audit and Control and the
payments made for the Services,the County shall Department. The Contractor shall permit inspection
have the sole and exclusive right to: and audit of such accounts,books,records,documents
and other evidence by the Department and the Suffolk
i.) determine how to pay for the Services; County Comptroller,or their representatives,as often
as, in their judgment, such inspection is deemed
ii.) determine future payments to the necessary. Such right of inspection and audit as set
Contractor;and forth in subparagraph b. below shall exist during the
Term and for a period of seven (7) years after
iii.) determine what amounts, if any, are expiration or termination of the Contract.
reimbursable to the County by the
Contractor and the terms and conditions
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b. The Contractor shall retain all accounts, books, operations of the Contractor,including a balance sheet
records,and other documents relevant to the Contract and statement of income and expenses,attested by the
for seven(7)years after final payment is made by the Auditor as fairly and accurately reflecting the
County. Federal, State, and/or County auditors and accounting records of the Contractor in accordance
any persons duly authorized by the County shall have with generally accepted accounting principles. The
full access and the right to examine any of said audited financial statements including respective
materials during said period. Such access is granted Management Letters must be emailed to the Executive
notwithstanding any exemption from disclosure that Director of Auditing Services at
may be claimed for those records which are subject to Auditsksuffolkcountyny.gov within thirty (30) days
nondisclosure agreements, trade secrets and after completion of the audit,but in no event later than
commercial information or financial information that is nine(9)months after the end of the Contractor's fiscal
privileged or confidential. year,to which the audit relates. The Contractor may
solicit requests for proposals from a number of
C. The Contractor shall utilize the accrual basis of qualified accounting firms and review carefully the
accounting and will submit all financial reports and costs of,and qualifications for,this type ofworkbefore
claims based on this method of accounting during the selecting the Auditor. r
Term.
b. The Auditor should be required to meet the following
5. Audit of Financial Statements minimum requirements:
a. All payments made under the Contract are subject i.) a current license issued by the New York
to audit by the Comptroller pursuant to Article V of State Education Department;
the Suffolk County Charter. The Contractor finther ii.) sufficient auditing experience in the not-
agrees that the Comptroller and the Department for-profit,governmental or profit-making
shall have access to and the right to examine,audit, areas,as applicable;and
excerpt, copy or transcribe any pertinent
transactions or other records relating to services iii.) a satisfactory peer review issued within
under the Contract. If such an audit discloses not more than three(3)years prior to the
overpayments by the County to the Contractor, date when the Auditor was selected to
within thirty (30) days after the issuance of an conduct the audit.
official audit report by the Comptroller or his duly C. The audit must be conducted in accordance with
designated representatives, the Contractor shall generally accepted governmental auditing standards.
repay the amount of such overpayment by check to
the order of the Suffolk County Comptroller or Financial statements must clearly differentiate between
shall submit a proposed plan of repayment to the County-funded programs and other programs that the
Comptroller. If there is no response, or if Contractor may be operating. The use of subsidiary
satisfactory repayments are not made,the County schedules should be encouraged for this purpose. The
may recoup overpayments from any amounts due or Auditor must also prepare a Management Letter based
becoming due to the Contractor from the Coupty
on the audit.
under the Contract or otherwise. d. "Subrecipients"—Federally Funded Programs and
b. The provisions of this paragraph shall survive the Grants
expiration or termination of the Contract for a i.) In the event the Contractor is a"Subrecipient"as
period of seven (7) years, and access to records that term is defined in 2 CFR§ 200.93 and the
shall be as set forth in paragraph 25 of Article III, Contractor expends seven hundred fifty thousand
and paragraph 4(b)of Article V. ($750,000.00)dollars or more of Federal moneys,
6. Financial Statements and Audit Requirements whether as a recipient expending awards received
directly from Federal awarding agencies or as a
a. Notwithstanding any other reporting or certification Contractor expending Federal awards received
requirements of Federal,State,or local authorities,the from a pass-through entity such as New York State
Contractor shall obtain the services of an independent and/or Suffolk County, during any fiscal year
licensed public accountant or certified public within which it receives funding under the
accountant (the "Auditor") to audit its financial Contract,the audit referred to under this paragraph
statements for each Contractor's"fiscal year"in which 6 must be conducted and any the audit report must
the Contractor has received, or will receive, three be in accordance with OMB Uniform Grant
hundred thousand($300,000.00)dollars or more from Guidance — 2 CFR Part 200 ("Single Audit
the County, whether under the Contract or other Report"). Single Audit Reports must also be
agreements with the County,and shall submit a report uploaded to the Federal Audit Clearinghouse, to
to the County on the overall financial condition and the extent required by the OMB Uniform Grant
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Guidance referred to above. In addition,the Single f. The requirements set forth in this paragraph 6 shall not
Audit Report, respective financial statements and preclude the authorized representatives of the County,
any Management Letters must be submitted to the the Comptroller, or Federal or State entities from
Department set forth on page one of this Contract conducting any other duly authorized audit(s) of
and emailed to the Executive Director of Auditing records and financial statements of the Contractor. The
Services at Contractor shall make such records and financial
subrecinientmonitoring(aDsuffolkcountyny.gov statements available to authorized representatives of
within thirty (30) days after completion of the Federal,State and County government for that purpose.
audit,but in no event later than nine (9)months
after the end of the Contractor's fiscal year, to g. The provisions of this paragraph 6 shall survive the
which the audit relates. expiration or termination of the Contract.
ii.) In the event the Contractor is a"Subrecipient"as 7. Furniture,Fixtures,Equipment,Materials,Supplies
that term is defined in 2 CFR§ 200.93 and the
Contractor expends less than seven hundred fifty a. Purchases, Rentals or Leases Requiring Prior
thousand($750,000.00)dollars ofFederal moneys,
whether as a recipient expending awards received Approval
directly from Federal awarding agencies or as a Prior to placing any order to purchase,rent or lease
Contractor expending Federal awards received
from apass-through entity such as New York State any furniture, fixtures, or equipment valued in
and/or Suffolk County, during any fiscal year the excess of one thousand dollars($1,000.00)per unit
Contractor must email a certified Exemption Letter, for which the Contractor will seek reimbursement
the form of which shall be provided by the from the County,the Contractor shall submit to the
Department,on the Contractor's Letterhead and a County a written request for approval to make such
Schedule of Federal Funds Expended to the a proposed purchase, rental or lease, with a list
respective County Department and the Executive showing the quantity and description of each item,
its intended location and use,estimated unit price
Director of Auditing Services at or cost, and estimated total cost of the proposed
subrecipientmonitoringgsuffolkcountmy.gov order. Written approval of the County shall be
within thirty (3 0) days of the end of the
Contractor's fiscal year. The Schedule of Federal required before the Contractor may proceed with
Funds Expended must include all Federal funding such proposed purchase, rental or lease of
received directly from the Federal government and furniture, fixtures or equipment. All items
purchased must be new or like new unless
all Federal funds passed through from the County specifically described otherwise in the Budget.
and other pass-through entities.
b. Purchase Practices/Proprietary Interest of
iii.) Subrecipients may include,but not necessarily be County
limited to, not-for-profit organizations; units of
state government or a unit of local governments. i.) The Contractor shall follow the general
practices that are designed to obtain
e. Copies of any other audit reports including oversight furniture,fixtures,equipment,materials,
agency audits must be submitted to the Department set or supplies at the most reasonable price
forth on page one of this Contract and emailed to the or cost possible.
Executive Director of Auditing Services at
Audits@suffolkcoliLi=.gov within thirty(30) days ii.) The County reserves the right to
after completion of the audit(s). purchase or obtain furniture, fixtures,
equipment,materials,or supplies for the
Contractor in accordance with the
programmatic needs of the Contract. If
the County exercises this right, the
amount budgeted for the items so
purchased or obtained by the County for
the Contractor shall not be available to
the Contractor for any purpose
whatsoever. Title to any such items
purchased or otherwise obtained by the
County for the programs encompassed
by the Contract and entrusted to the
Contractor,shall remain in the County.
iii.) The County shall retain a proprietary
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interest in all furniture, removable e. Protection of Property in Contractor's Custody
fixtures, equipment, materials, and
supplies purchased or obtained by the The Contractor shall maintain vigilance and take all
Contractor and paid for or reimbursed to reasonable precautions to protect the furniture,
the Contractor pursuant to the terms of fixtures, equipment, material or supplies in its
the Contract or any prior agreement custody against damage or loss by fire,burglary,
between the parties. theft,disappearance,vandalism,or misuse.In the
event of burglary, theft, vandalism, or
iv.) The Contractor shall attach labels disappearance of any item of furniture, fixtures,
indicating the County's proprietary equipment, material or supplies, the Contractor
interest or title in all such property. shall immediately notify the police and make a
record thereof,including a record of the results of
any investigation which may be made thereon. In
C. County's Right to Take Title and Possession the event of loss of or damage to any item of
furniture, fixtures, equipment, materials, or
Upon the termination or expiration of the Contract supplies from any cause, the Contractor shall
or any renewal thereof, the discontinuance of the immediately send the County a detailed written
business of the Contractor, the failure of the report thereon.
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 Upon termination of the County's funding of any
against it within thirty (30) days of filing of the of the Services covered by the Contract,or at any
judgment,the County shall have the right to take other time that the County may direct, the
title to and possession of all furniture,removable Contractor shall make access available and render
fixtures,equipment,materials,and supplies and the all necessary assistance for physical removal by the
same shall thereupon become the property of the County or its designee of any or all furniture,
County without any claim for reimbursement on the removable fixtures, equipment, materials or
part of the Contractor. supplies in the Contractor's custody in which the
County has a proprietary interest, in the same
d. Inventory Records,Controls and Reports condition as such property was received by the
Contractor, reasonable wear and tear excepted.
The Contractor shall maintain proper and accurate Any disposition, settlements or adjustments
inventory records and controls for all such connected with such property shall be in
furniture, removable fixtures and equipment accordance with the rules and regulations of the
acquired pursuant to the Contract and all prior County and the State of New York.
agreements between the parties,if any. Three(3)
months before the expiration date of the Contract, 8, Lease or Rental Agreements
the Contractor shall make a physical count of all
items of furniture, removable fixtures and If lease payments or rental costs are included in the Budget as
equipment in its custody, checking each item an item of expense reimbursable by the County, the
against the aforesaid inventory records. A report Contractor shall promptly submit to the County, upon
setting forth the results of such physical count shall request,any lease or rental agreement. If during the Term,
be prepared by the Contractor on a form or forms the Contractor shall enter into a lease or rental agreement,or
designated by the County,certified and signed by shall renew a lease or rental agreement,the Contractor shall,
an authorized official of the Contractor,and one(1) prior to the execution thereof, submit such lease or rental
copy thereof shall be delivered to the County agreement,to the County for approval.
within five (5) days after the date set for the
aforesaid physical count. Within five(5)days after
the termination or expiration date of the Contract9. 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 during the Term, or if the County
exercises its option right,the Contractor shall submit a then
of all items of furniture, removable fixtures and
current Statement of Other Contracts.
equipment on the aforesaid expiration date, and
revised, if necessary, to include any inventory
changes during the last three (3) months of the 10. Miscellaneous Fiscal Terms and Conditions
Term.
a. Limit of County's Obligations
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The maximum amount to be paid by the County is programs funded by the County.
set forth on the first page of the Contract.
f. Payments Contingent upon State/Federal
b. Duplicate Payment from Other Sources Funding
Payment by the County for the Services shall not Payments under the Contract may be subject to and
duplicate payment received by the Contractor from contingent upon continued funding by'State and/or
any other source. Federal agencies. In the event payments are subject
to such funding no payment shall be made until the
C. Funding Identification Contractor submits documentation in the manner
and form as shall be required by State and/or
The Contractor shall promptly submit to the Federal agency. If late submission of claims
County upon request,a schedule for all programs precludes the County from claiming State or
funded by the County, itemizing for each such Federal reimbursement, such late claims by the
program the sums received, their source and the Contractor shall not be paid by the County subject
total program budget. to subparagraph g. below, if, for any reason, the
full amount of such funding is not made available
d. Outside Funding for Non-County Funded to the County,the Contract may be terminated in
Activities whole or in part, or the amount payable to the
Contractor may be reduced at the discretion of the
Notwithstanding the foregoing provisions of the County, provided that any such termination or
Contract, it is the intent of the County that the reduction shall not apply to allowable costs
terms and conditions of the Contract shall not limit incurred by the Contractor prior to such
the Contractor from applying for and accepting termination or reduction,and provided that money
outside grant awards or from providing additional has been appropriated for payment of such costs.
educational activities/services which may result in g. Denial of Aid
the Contractor incurring additional costs,as long as
the following conditions are met: If a State or Federal government agency is funding
the Contract and fails to approve aid in
i.) The County is not the Fund Source for reimbursement to the County for payments made
the additional services; hereunder by the County to the Contractor for
ii.) Sufficient funding is available for or can expenditures made during the Term because of any
be generated by the Contractor to cover act, omission or negligence on the part of the
the cost incurred by the Contractor to Contractor, then the County may deduct and
provide these additional services;and withhold from any payment due to the Contractor
an amount equal to the reimbursement denied by
iii.) If sufficient funding is not available or the state or federal government agency, and the
cannot be generated, the County shall County's obligation to the Contractor shall be
not be held liable for any of the reduced by any such amounts. In such an event,if
additional costs incurred by the there should be a balance due to the County after it
Contractor in furnishing such additional has made a final payment to the Contractor under
services. the Contract, on demand by the County, the
Contractor shall reimburse the County for the
iv.) Prior to scheduling any such additional amount of the balance due the County,payable to
services on County-owned property,the the Suffolk County Comptroller.The provisions of
Contractor shall obtain written County this subparagraph shall survive the expiration or
approval. The Contractor shall, to the termination of the Contract.
County's satisfaction, submit any
documentation requested by the h. Budget
Department reflecting the change, and
identify the additional services to be The Contractor expressly represents and agrees that
provided and the source of funding that the Budget lists all revenue, expenditures,
shall be utilized to cover the personnel,personnel costs and/or all other relevant
expenditures incurred by the Contractor costs necessary to provide the Services.
in undertaking the additional services.
L Payment of Claims
e. Potential Revenue
Upon receipt of a Suffolk County Payment
The Contractor shall actively seek and take Voucher,the County;at its discretion,may pay the
reasonable steps to secure all potential funding Contractor during the Term,in advance,an amount
from grants and contracts with other agencies for
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not to exceed one sixth (1/6) of the maximum the date of execution of the Contract or as,may
amount to be paid by the County set forth on the thereafter become vacant, and, in the exercise of
first page of the Contract. that right.The County may promulgate reasonable
regulations involving filling of vacancies which
j. Payments Limited to Actual Net Expenditures shall be deemed to be incorporated by reference in,
and be made part of, the Contract, provided,
The Contractor agrees that if, for any reason however,that subject to the availability of funding,
whatsoever,the Contractor shall spend during the approval for the hiring of replacement clerical shall
Term for the purposes set forth in the Contract an be a Contractor determination.
amount less than, or receive amounts more than,
provided in the Budget, the total cost of the
Contract shall be reduced to the net amount of o. No Limitation On Rights
actual Contractor expenditures made for such
purposes. The total amount to be paid by the Notwithstanding anything in this Article V to the
County shall not exceed the lesser of(i)actual net contrary,the County shall have available to it all
expenditures or(ii)the total cost of the Contract on rights and remedies under the Contract and at law
the cover page and in the Budget. Upon and equity.
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 1"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 Text 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.
M. Salary Increases
No salary, wage, or other compensation for the
Services shall be increased over the amount stated
in the Budget without the prior written approval of
the County.
n. Contractor Vacancies
The County shall have the right ofprior approval of
the Contractor's filling of any vacant position as of
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Article VI
Budget
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R
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ARTICLE VI
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ONS-3107(Rev 03!2002)FRONT
NEW YORK STATE
OFFICE OF CHILDREN AND FAMILY SERVICES
PROGRAM BUDGET
AGENCY/MUNICIPALITY- Town of Southold FUND TYPE
PROGRAM TITLE. Southold Youth Services
PERSONAL SERVICES-
POSITION TITLE RATE OF BASIS TOTAL OCFS PROGRAM AMOUNT(1 TOTAL OCFS FUNDS REQUESTED
PAY (H,W,BW,SK FOR THIS PROGRAM
I WE
��• _ F.�""����_
" z >
- -- TOTAL SALARIES AND WAGES$0.00
TOTAL FRINGE BENEFITS
TOTAL PERSONAL SERVICES $0.00
CONTRACTED SERVICES AND STIPENDS
TYPE OF SERVICE OR CINSULTANT TTT RATE OF BASIS TOTAL OCFS PROGRAM AMOUNT 1
- � � -
PAY (H,W,BW,SM) � NO-
F
N
Famil Service League $8,157.00 _ "�
Y $u Qo� M SN
U:� '
TOTAL CONTRACTED SERVICES is
TOTAL MAINTENANCE&OPERATION $
i
FACILITY REPAIRS
PROGRAM SITE ADDRESS
TOTAL FACILITY REPAIRS(4) �
TOTAL OCFS PROGRAM AMO $0.00
TOTAL OCFS FUNDS REQUESTED
LIST OF OTHER FUNDING SOURCES REIMBURSABLE TOTAL
MUNICIPAL FUNDING
OTHERSOURCES
,I