tec

Document Sample
tec Powered By Docstoc
					LEGAL NOTICE REQUEST FOR QUALIFICATIONS Pursuant to the rules and regulations set forth in the Workforce Investment Act and pertinent regulations for other sources, the Suffolk County Department of Labor (SCDOL), an equal opportunity employer, hereby solicits proposals for Employment Related Services. Proposals are also hereby solicited for services which can be provided in a bi-lingual format. These services include, but are not limited to the following: 1. Introduction to Computer Workshop - Group workshops must be designed and presented to provide customers with a familiarity with the PC utilizing the Windows operating system. Upon completion of the Workshop, participants should be prepared to go on to courses in Word, Excel or other applications. Workshops will be presented at SCDOL sites utilizing individual PC workstations. Career Workshops – Career Workshops will allow customers to sign-up for topics pertinent to their career development and individual employment plans. Proposers are asked to design services that can be provided to groups of three (3) or more individuals at a time. Workshops should be available on a flexible schedule based on customer demand. Testing Services - Should include but not be limited to career assessment testing, aptitude testing, vocational/interest testing and personality testing. These tests may be done in a group or one-on-one basis. Other Services - Information described in "Career Workshops" may be appropriate to provide on a private, one-on-one basis with individual customers.

2.

3.

4.

In addition to the services requested in this announcement, proposers are encouraged to also describe other pertinent employment related services they can offer. The SCDOL reserves the right to subsequently select and fund such services as needed. All proposals are subject to current and future Federal and New York State Legislation and the rules and regulations promulgated thereunder. Applications will be accepted from public and private training institutions, educational entities, private sector employers, labor organizations, community based organizations and other entities who demonstrate effectiveness and are interested in providing these services.

In choosing service deliverers, consideration will be given to facility locations, accessibility to those with disabilities, proximity to public transportation, past experience and price per unit of service in addition to other criteria. A Request for Qualifications (RFQ) package may be obtained from the SCDOL website www.suffolkcountyny.gov/labor or by contacting SCDOL at (631) 8536540, Monday through Friday between the hours of 8:30 a.m. and 4:30 p.m. Completed proposals must be received by January 11, 2008 in order to be considered for initial funding. Completed proposals should be mailed to: Ms. Janet P. Cassidy Suffolk County Department of Labor P.O. Box 1319 Smithtown, New York 11787-0895

Or hand delivered to: Ms. Janet P. Cassidy Suffolk County Department of Labor 725 Veterans Memorial Highway Hauppauge, NY 11788 Applicants are advised that all services requested in the RFQ shall be provided to eligible individuals recruited and referred by Suffolk County's One-Stop Center. PLEASE NOTE: The RFQ does not commit the SCDOL to award a contract, to pay any costs incurred in the preparation of a proposal to this request, or to procure or contract for services or supplies. The SCDOL reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with all qualified sources, or to cancel in part or in its entirety this RFQ if it is in the best interest of the County, the funded program, or the Department to do so or to request further information from any applicant.

-End-

SUFFOLK COUNTY

ONE-STOP EMPLOYMENT CENTER
at the Suffolk County Department of Labor
725 Veterans Memorial Highway Hauppauge, NY 11788 www.suffolkcountyny.gov/labor sc.dol@suffolkcountyny.gov (631) 853-6600 Fax (631) 853-6670

Dear Administrator: The Suffolk County Department of Labor (SCDOL) is soliciting vendor qualifications for the provision of effective employment related services. Proposals are also being solicited for employment related services to be provided in a bi-lingual format. Approved proposals will be funded through programs such as the Workforce Investment Act (WIA) and operated under contract conditions determined by the SCDOL. The Request for Qualifications (RFQ) package enclosed herewith describes the types of services solicited and contains all the necessary information to prepare a proposal. The Suffolk County Department of Labor may require additional information once a proposal has been submitted. Please review the RFQ instructions carefully and use only the format outlined in the package when preparing your response. One (1) original and two (2) copies of the completed proposal must be received no later than January 11, 2008. Any contracts resulting from this RFQ process are subject to local law 12-2001 the Living Wage Law. A copy of this law is available on the Suffolk County Department of Labor’s website www.suffolkcountyny.gov/labor Living Wage Law info link, or upon your written request. Mail to: MS. JANET P. CASSIDY Suffolk County Department of Labor P.O. Box 1319 Smithtown, New York 11787-0895 or Hand deliver to: MS. JANET P. CASSIDY Suffolk County Department of Labor 725 Veterans Memorial Highway Hauppauge, New York 11788

Proposals received after that date will be reviewed as time permits and are not guaranteed to be considered in the first round of the approval process. If you have any questions, please call Ms. Janet P. Cassidy at (631) 853-6540. Very truly yours,

Janet P. Cassidy Director Center Operations JPC:sd Attachment
Auxiliary aids and services available upon request to individuals with disabilities. An Equal Opportunity Employer Program Robert W. Dow, Jr. Steve Levy James DiLiberto Commissioner of Labor Suffolk County Executive Workforce Investment Board Chair

REQUEST FOR QUALIFICATIONS (RFQ) TO PROVIDE EMPLOYMENT RELATED SERVICES FOR THE SUFFOLK COUNTY DEPARTMENT OF LABOR Responses must be submitted no later than January 11, 2008 Mail to: SUFFOLK COUNTY DEPT. OF LABOR P.O. BOX 1319 SMITHTOWN, NY 11787-0895 Attention: Ms. Janet P. Cassidy Hand deliver to: SUFFOLK COUNTY DEPT. OF LABOR 725 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788 Attention: Ms. Janet P. Cassidy ____________________________________ (Print Firm Name)

By:

____________________________________ (Authorized Signature)

For additional information, call: Ms. Janet P. Cassidy Director, Employment Center Operations (631) 853-6540 e-mail: janet.cassidy@suffolkcountyny.gov

____________________________________ (Print Authorized Name and Title)

____________________________________ (Date) (Phone Number)

ALL RESPONSES MUST BE SIGNED IN INK AND ACCOMPANIED BY A SIGNED TRANSMITTAL LETTER.

COUNTY OF SUFFOLK RFQ TO PROVIDE EMPLOYMENT RELATED SERVICES FOR THE SUFFOLK COUNTY DEPARTMENT OF LABOR TABLE OF CONTENTS

PAGE NO. SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI INTRODUCTION SERVICES BEING PROCURED CONDITIONS OF CONTRACT AWARDS QUALIFICATION RESPONSE REQUIREMENTS EVALUATION DRAFT CONTRACT 1 2 3 5 7

REQUEST FOR QUALIFICATIONS (RFQ) COUNTY OF SUFFOLK TO PROVIDE EMPLOYMENT RELATED SERVICES FOR THE SUFFOLK COUNTY DEPARTMENT OF LABOR

SECTION I – INTRODUCTION The Suffolk County Department of Labor (SCDOL), an equal opportunity employer and designated program operator and fiscal agent for the Suffolk County Workforce Investment Area (WIA), provides employment and training services to eligible individuals such as dislocated workers and economically disadvantaged youth and adults and other individuals referred by the Department. These services are designed to increase employment and productivity by improving the skills of the labor force to match the requirements of the local economy. Programs are funded primarily with Federal and State grants and are administered in conjunction with guidance provided by the Suffolk County Workforce Investment Board (SCWIB). The SCWIB is comprised of individuals from the public and private sector, and individuals representing labor, education and community based organizations. The SCDOL will retain sole authority for the recruitment, eligibility determination and selection of individuals referred for services. The SCDOL invites responses from qualified employment and training contractors that desire to provide employment related services as further described in Section II of this RFQ. The SCDOL reserves the right to amend the RFQ, to reject any or all of the responses, or any part thereof, submitted in response to this RFQ, if such action is deemed to be in the best interest of the SCDOL. The SCDOL reserves the right to request additional information from any responder, and the right to award negotiated contracts to one or more responders. While the SCDOL is under no obligation to contact firms for clarifications, it reserves the right to do so. Depending on the number and quality of the responses submitted, the SCDOL may elect to interview all or some of the responders during the selection process. In so doing, the SCDOL will want the opportunity to review personnel records, policy and procedure manuals, training programs, services, and procedures for services, as well as the day-to-day operations of the responder. This RFQ is not intended and shall not be construed to commit the SCDOL to pay any costs incurred in connection with any response or to procure or contract for any services. All questions with regard to the RFQ must be submitted in writing by letter, e-mail: janet.cassidy@suffolkcountyny.gov, or FAX (631) 853-6670 to the attention of Ms. Janet Cassidy Director, Employment Center Operations, and must be received by January 4, 2008. Questions of substantial nature will be answered in writing and will be forwarded to all recipients of the RFQ. Proposals must be received by January 11, 2008. Proposals received after that date will not be reviewed as part of the initial review process. The SCDOL may choose to review these proposals at a later date, if deemed necessary. 1

Number of Copies: One original and two (2) copies of the responses are required. All responses should be accompanied by a transmittal letter signed by a corporate officer or an authorized agent of the responder. Submission: All responses must be mailed to: MS. JANET P. CASSIDY Suffolk County Department of Labor P.O. Box 1319 Smithtown, New York 11787-0895 or hand delivered to: MS. JANET P. CASSIDY Suffolk County Department of Labor 725 Veterans Memorial Highway Hauppauge, New York 11788

SECTION II – SERVICES BEING PROCURED The SCDOL, as the operator of various job training and employment related programs, seeks to contract for the services described below. Responders must be capable of providing these services at a variety of locations, including SCDOL offices, and on a flexible schedule. Responders are not required to prepare a proposal for all services. Responders may choose to respond to any number and any combination of the three services described. The description of services in each of the three categories below are provided as a guideline for preparing your responses and in no way intended to limit the proposal submission to the topics listed. New, unique and innovative approaches are encouraged. A. Testing Services Testing services should include but not be limited to career assessment testing, aptitude testing, vocational/interest testing and personality testing. These tests may be done in a group or one-on-one basis. Describe how this will be done. In addition, if the test administrator is required to be licensed or certified, include copies of certification/license. B. Introduction to Computer Workshops Group workshops must be designed and presented to provide participants with a familiarity with the PC utilizing the Windows operating system. Upon completion of the workshop, participants should be prepared to go on to courses in Word, Excel or other applications. Workshops will be presented at SCDOL sites utilizing individual PC workstations. C. Focus Groups Focus Groups will allow customers to sign up for topics pertinent to their career development and individual employment plans. Responders are asked to design services that can be provided to groups of three (3) or more individuals at a time. Focus Groups should be available on a flexible schedule based on customer demand.

2

Focus Groups can address topics as separate entities, or can combine/cluster related topics. Elements covered should include, but not be limited to: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. D. Managing change and stress Communicating on the home-front – family issues Developing a positive attitude Budgeting, finance and consumer related issues Problems faced by the older worker Getting organized – how to start my job search Skills assessment – how are my skills transferable? Resume preparation Cover letters How to target companies and other job search strategies Telephone techniques Dressing for success Interviews and how to negotiate with a potential employer Using temporary agencies Networking – what it is and how to do it Consultant work or starting a business – it is for me? Salary negotiation Job retention Advancing your career Moving up with your employer

Additional Services 1. Some of the elements described in “Focus Groups” may be appropriate to provide on a private, one-on-one basis with individual customers. Describe how this would be accomplished. In addition to the services requested in this announcement, responders are encouraged to also describe other pertinent employment related services they can offer. The SCDOL reserves the right to subsequently select and fund such services as needed.

2.

SECTION III – CONDITIONS OF CONTRACT AWARDS A. Responder Eligibility 1. Responders may be governmental units, public or private not-for-profit corporations, local educational agencies, private for profit corporations, schools, or other entities determined to be eligible by the SCDOL. Responders must be able to demonstrate the necessary administrative and operational capabilities needed to conduct the program proposed. Priority in selection shall be given to qualified responders who have at least two years of current experience in providing basic readjustment and/or other employment related services.

2.

3

3.

Responders must provide evidence of financial viability according to Suffolk County standards. If provider is a non-governmental agency, they must submit a copy of their most recent financial/audit statement. Responders, as applicable, must provide assurances and/or documentation that they: • • • • • have a valid certificate of occupancy are in compliance with State and County fire regulations are accessible to individuals with disabilities have Worker's Compensation and Disability Insurance Certificate have proof of adequate liability insurance ($2,000,000)

4.

5.

Responders must assure compliance with applicable requirements of the Workforce Investment Act and the regulations and policies promulgated thereunder, or other funding source regulations. These regulations are available for your review at the Suffolk County Department of Labor. The responders will be bound by the terms of the contract as negotiated and executed.

B.

Contract Conditions Living Wage Law Any contract resulting from this RFQ shall be subject to the Living Wage Law (Local Law 12-2001) of the County of Suffolk. The law requires that: • Living Wage Law Information Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.ny.us

Click: Department Directory Labor Living Wage Law Info • Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808

Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate any contract resulting from this RFQ and to seek other remedies as set forth therein, for violations of this law. 1. Duration Once included in the approved inventory of services, SCDOL reserves the right to utilize services resulting from this RFQ at any time. It is anticipated that initial contracts will have a start date of July 1, 2008 and shall be for a two-year period, with additional extensions at the Department’s option. The contract and any extension will be subject to funding availability and past contractual performance. 4

Refer to the draft contract in Section VII for the responsibilities of the contractor and for the detailed terms and provisions of the contract to be entered into. 2. Payment Fee schedules will be negotiated prior to contract execution and will be on a per-hour of service basis. Participant attendance records will be necessary to meet program or SCDOL management needs.

SECTION IV – QUALIFICATION RESPONSE REQUIREMENTS These instructions are intended to guide responders in formulating an acceptable response. Please use the headings listed in the outline as follows: A. Qualifications 1. Expertise of Responder a. Nature of Organization, Licenses, Accreditations and Affiliations – Describe the nature of your organization (e.g., an educational institution providing educational or vocational training or a private for profit or nonprofit organization with a primary goal of…). Provide copies of any licenses, certifications, accreditations by memberships in State or national organizations. List special awards or acknowledgements it has received. Organizational Structure – Please provide an organizational chart of your firm or organization. Qualifications of Personnel – Please provide a roster of the management personnel who will supervise the provision of services and their qualifications, case managers, job developers and/or all other staff who will provide the services and their qualifications, licenses or certifications. Please attach copies to the response. Facilities – If applicable, describe the responder’s facilities from which the services may be performed, assurances of meeting all applicable federal, state and local fire and safety regulations, accessibility of facilities to individuals with disabilities. Include documentation as applicable (e.g., floor plan). Experience in Providing Same or Similar Services – Outline your former experience and duration of same as a Suffolk County Department of Labor training and employment services contractor, other prior experience in the provision of services similar to those described in the RFQ, client population served and the duration of service. Describe program completion rates, program outcomes, and entered employment rates and job retention rates as applicable.

b.

c.

d.

e.

5

f.

Accessibility – Describe accessibility via public transportation to responder’s training site(s).

2.

Reliability a. Operational Systems – Describe how the responder will ensure performance through adequate management, supervision and control. Record and Reporting Systems – Describe the responder’s system for self-monitoring and for ensuring maintenance of complete and accurate records. Operating Problems – Discuss any operating problems which you have experienced within the past five years, and their resolution. References – Submit letters from three references who can attest to the responder’s reliability of the quality of services provided. Also provide any complaints the responder may have received in the operation or provision of the service in the last three years and their disposition.

b.

c.

d.

3.

Financial Viability a. Financial Statements – For non-governmental agencies, submit current financial statements prepared and certified by an independent CPA, or if not available, an internal financial statement prepared within the last 12 months. Accounting Systems – For all responders, describe your financial/ accounting management systems. Indebtedness to County, Liens and Litigation – Submit (a) a statement as to indebtedness, if any, to Suffolk County, (b) a listing of all outstanding liens, if any, against the responder, and (c) a summary of litigation, if any, against the responder. NYS Employer Registration (ER) Number – Responder must be in compliance with NYS Unemployment Insurance requirements. Please provide seven-digit ER number.

b.

c.

d.

B.

Service and Price Responses 1. Description of Services a. Service – Describe the service to be provided including whether it is an individual or group service, service duration and expected outcomes. Scheduling Flexibility – Detail how often service can be provided, necessary lead time, the minimum/maximum number of referrals, various times and days available and describe the cancellation policy. Location Flexibility – Describe the responder’s ability to provide services at various locations including SCDOL facilities. 6

b.

c.

2.

Price The SCDOL intends to pay for each service on an hourly basis. All proposals should be submitted with a per-hour fee schedule. The SCDOL will not consider price proposals which are submitted in any other format. Indicate if a minimum number of hours are necessary for any session.

SECTION V – EVALUATION The evaluation process is broken down into four categories: responder eligibility requirements, responder qualifications, service requirements and service point evaluation. The categories will be reviewed in sequential order. The responder eligibility requirements found in Section A below, are derived from a combination of Federal, State and County laws, regulations and rules as well as SCDOL policies. A responder must obtain a positive response to each question within this section to proceed to the vendor qualification category of the evaluation process. During the responder qualification evaluation, the SCDOL will review the responder’s organization based on the criteria and point system established below in Section B. Responders must obtain a minimum rating of seventy-five points in this category to be considered “qualified”. Only proposals submitted by a “qualified” responder will be reviewed. Each service will be reviewed individually and evaluated based on the criteria and point system established in Section C & D below. The responder will need to obtain an evaluation of seventy-five or above to be placed in the SCDOL approved inventory. Being included in the SCDOL approved inventory does not commit the SCDOL to award a contract or to purchase services. Procurement resulting from this process will be conducted at the Department’s discretion. A. Responder Eligibility Requirements - A “Yes” response to each of the following questions will be required before a proposal will be considered. 1. If the responder is a non-governmental agency, has a copy of the most recent financial/audit statement been provided? Does the responder’s financial statement demonstrate an acceptable financial viability? Has the responder provided, where applicable, assurances and/or documentation that their facilities have a valid certificate of occupancy, are in compliance with State and County fire regulations, are accessible to individuals with disabilities, that they have adequate liability insurance coverage ($2,000,000), and where applicable, that they are covered by Workers’ Compensation and Disability Insurance?

2.

3.

7

4.

Has the responder complied with all requirements regarding disclosures, criminal convictions, litigation, and indebtedness statements?

B.

Responder Qualifications – An evaluation of seventy-five points or higher will be required to be considered “qualified”. 1. Does the responder have the experience, organizational structure and personnel qualified to provide the services proposed? (30 point maximum) 2. Is the responder’s administrative organization, including staffing and selfmonitoring systems, sufficient to operate the program proposed? (20 point maximum) 3. Does the responder have a record of successful program outcomes with participants in terms of creativity, practicality, and effectiveness? (30 point maximum) 4. Does the responder’s accounting and reporting systems meet acceptable accounting standards? (20 point maximum)

C.

Services Review 1. Only services proposed by responders determined to be “qualified” will be reviewed in this section. A “Yes” response to the following question will be required before a proposal will be considered: Do the proposed services meet the customer’s needs as identified by the SCDOL?

D.

Services Point Evaluation – An evaluation rating of seventy-five points or higher is required before a proposal will be considered. 1. Are the services proposed offered in a manner that provides maximum flexibility in terms of scheduling, location and group size? Can the provider respond to the needs of our customers in a timely and effective manner? (35 point maximum) Does the responder have the experience and evident capability to perform the specific service under consideration? (35 point maximum) Is the cost per unit of service reasonable and does it compare favorably with the cost of similar types of services offered within the Nassau-Suffolk area? (30 point maximum) 8

2.

3.

REQUEST FOR QUALIFICATIONS (RFQ) TO PROVIDE BI-LINGUAL EMPLOYMENT RELATED SERVICES FOR THE SUFFOLK COUNTY DEPARTMENT OF LABOR Responses must be submitted no later than January 11, 2008 Mail to: SUFFOLK COUNTY DEPT. OF LABOR P.O. BOX 1319 SMITHTOWN, NY 11787-0895 Attention: Ms. Janet P. Cassidy Hand deliver to: SUFFOLK COUNTY DEPT. OF LABOR 725 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788 Attention: Ms. Janet P. Cassidy ____________________________________ (Print Firm Name)

By:

____________________________________ (Authorized Signature)

For additional information, call: Ms. Janet P. Cassidy Director, Employment Center Operations (631) 853-6540 e-mail: janet.cassidy@suffolkcountyny.gov

____________________________________ (Print Authorized Name and Title)

____________________________________ (Date) (Phone Number)

ALL RESPONSES MUST BE SIGNED IN INK AND ACCOMPANIED BY A SIGNED TRANSMITTAL LETTER.

COUNTY OF SUFFOLK RFQ TO PROVIDE BI-LINGUAL EMPLOYMENT RELATED SERVICES FOR THE SUFFOLK COUNTY DEPARTMENT OF LABOR TABLE OF CONTENTS

PAGE NO. SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI INTRODUCTION SERVICES BEING PROCURED CONDITIONS OF CONTRACT AWARDS QUALIFICATION RESPONSE REQUIREMENTS EVALUATION DRAFT CONTRACT 1 2 3 5 7

REQUEST FOR QUALIFICATIONS (RFQ) COUNTY OF SUFFOLK TO PROVIDE BI-LINGUAL EMPLOYMENT RELATED SERVICES FOR THE SUFFOLK COUNTY DEPARTMENT OF LABOR

SECTION I – INTRODUCTION The Suffolk County Department of Labor (SCDOL), an equal opportunity employer and designated program operator and fiscal agent for the Suffolk County Workforce Investment Area (WIA), provides employment and training services to eligible individuals such as dislocated workers and economically disadvantaged youth and adults and other individuals. These services are designed to increase employment and productivity by improving the skills of the labor force to match the requirements of the local economy. Programs are funded primarily with Federal and State grants and are administered in conjunction with guidance provided by the Suffolk County Workforce Investment Board (SCWIB). The SCWIB is comprised of individuals from the public and private sector, and individuals representing labor, education and community based organizations. The SCDOL will retain sole authority for the recruitment, eligibility determination and selection of individuals referred for services. The SCDOL invites responses from qualified employment and training contractors that desire to provide Spanish language employment related services as further described in Section II of this RFQ. The SCDOL reserves the right to amend the RFQ, to reject any or all of the responses, or any part thereof, submitted in response to this RFQ, if such action is deemed to be in the best interest of the SCDOL. The SCDOL reserves the right to request additional information from any responder, and the right to award negotiated contracts to one or more responders. While the SCDOL is under no obligation to contact firms for clarifications, it reserves the right to do so. Depending on the number and quality of the responses submitted, the SCDOL may elect to interview all or some of the responders during the selection process. In so doing, the SCDOL will want the opportunity to review personnel records, policy and procedure manuals, training programs, services, and procedures for services, as well as the day-to-day operations of the responder. This RFQ is not intended and shall not be construed to commit the SCDOL to pay any costs incurred in connection with any response or to procure or contract for any services. All questions with regard to the RFQ must be submitted in writing by letter or via e-mail: janet.cassidy@suffolkcountyny.gov, or FAX (631) 853-6670 to the attention of Ms. Janet Cassidy Director, Employment Center Operations, and must be received by January 4, 2008. Questions of substantial nature will be answered in writing and will be forwarded to all recipients of the RFQ.

1

Proposals must be received by January 11, 2008. Proposals received after that date will not be reviewed as part of the initial review process. The SCDOL may choose to review these proposals at a later date, if deemed necessary. Number of Copies: One original and two (2) copies of the responses are required. All responses should be accompanied by a transmittal letter signed by a corporate officer or an authorized agent of the responder. Submission: All responses must be mailed to: MS. JANET P. CASSIDY Suffolk County Department of Labor P.O. Box 1319 Smithtown, New York 11787-0895 or hand delivered to: MS. JANET P. CASSIDY Suffolk County Department of Labor 725 Veterans Memorial Highway Hauppauge, New York 11788

SECTION II – SERVICES BEING PROCURED The SCDOL, as the operator of various job training and employment related programs, seeks to contract for the services described below to be provided in a bi-lingual format. Although providing services to the Suffolk County’s Hispanic population is a priority of this RFQ, the services procured do not have to be limited to only Spanish speaking presenters. Responders must be capable of providing these services at a variety of locations, including SCDOL offices, and on a flexible schedule. Responders are not required to prepare a proposal for all services. Responders may choose to respond to any number and any combination of the three services described. The description of services in each of the three categories below are provided as a guideline for preparing your responses and in no way intended to limit the proposal submission to the topics listed. New, unique and innovative approaches are encouraged. A. Testing Services Testing services should include but not be limited to career assessment testing, aptitude testing, vocational/interest testing and personality testing. These tests may be done in a group or one-on-one basis. Describe how this will be done. In addition, if the test administrator is required to be licensed or certified, include copies of certification/license. B. Introduction to Computer Workshops Group workshops must be designed and presented to provide participants with a familiarity with the PC utilizing the Windows operating system. Upon completion of the workshop, participants should be prepared to go on to courses in Word, Excel or other applications. Workshops will be presented at SCDOL sites utilizing individual PC workstations. C. Workshops Workshops will allow customers to sign up for topics pertinent to their career development and individual employment plans. Responders are asked to design services that can be provided to groups of three (3) or more individuals at a time. Workshops should be available on a flexible schedule based on customer demand. 2

Workshops can address topics as separate entities, or can combine/cluster related topics. Elements covered should include, but not be limited to: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. D. Managing change and stress Communicating on the home-front – family issues Developing a positive attitude Budgeting, finance and consumer related issues Problems faced by the older worker Getting organized – how to start my job search Skills assessment – how are my skills transferable? Resume preparation Cover letters How to target companies and other job search strategies Telephone techniques Dressing for success Interviews and how to negotiate with a potential employer Using temporary agencies Networking – what it is and how to do it Consultant work or starting a business – it is for me? Salary negotiation Job retention Advancing your career Moving up with your employer Your rights in the workplace Accessing your benefits, unemployment insurance, Medicaid/Medicare, child care services, Social Security etc. Citizenship and Naturalization issues Work Requirements including work authorizations, Visa extensions, H-I Visas Completing online job applications and Internet job search American work culture-what to expect & what are your responsibilities

Additional Services 1. Some of the elements described in “workshops” may be appropriate to provide on a private, one-on-one basis with individual customers. Describe how this would be accomplished. In addition to the services requested in this announcement, responders are encouraged to also describe other pertinent bi-lingual employment related services they can offer. The SCDOL reserves the right to subsequently select and fund such services as needed.

2.

SECTION III – CONDITIONS OF CONTRACT AWARDS A. Responder Eligibility 1. Responders may be governmental units, public or private not-for-profit corporations, local educational agencies, private for profit corporations, schools, or other entities determined to be eligible by the SCDOL. 3

Responders must be able to demonstrate the necessary administrative and operational capabilities needed to conduct the program proposed. Priority in selection shall be given to qualified responders who have at least two years of current experience in providing basic readjustment and/or other employment related services. Responders must provide evidence of financial viability according to Suffolk County standards. If provider is a non-governmental agency, they must submit a copy of their most recent financial/audit statement. Responders, as applicable, must provide assurances and/or documentation that they: • • • • • have a valid certificate of occupancy are in compliance with State and County fire regulations are accessible to individuals with disabilities have Worker's Compensation and Disability Insurance Certificate have proof of adequate liability insurance ($2,000,000)

Responders must assure compliance with applicable requirements of the Workforce Investment Act and the regulations and policies promulgated thereunder, or other funding source regulations. These regulations are available for your review at the Suffolk County Department of Labor. The responders will be bound by the terms of the contract as negotiated and executed. B. Contract Conditions Living Wage Law Any contract resulting from this RFQ shall be subject to the Living Wage Law (Local Law 12-2001) of the County of Suffolk. The law requires that: • Living Wage Law Information Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.ny.us Click: Department Directory Labor Living Wage Law Info • Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808

Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate any contract resulting from this RFQ and to seek other remedies as set forth therein, for violations of this law.

4

Duration Once included in the approved inventory of services, SCDOL reserves the right to utilize services resulting from this RFQ at any time. It is anticipated that initial contracts will have a start date of July 1, 2008 and shall be for a two-year period, with additional extensions at the Department’s option. The contract and any extension will be subject to funding availability and past contractual performance. Refer to the draft contract in Section VII for the responsibilities of the contractor and for the detailed terms and provisions of the contract to be entered into. Payment Fee schedules will be negotiated prior to contract execution and will be on a per-hour of service basis. Participant attendance records will be necessary to meet program or SCDOL management needs.

SECTION IV – QUALIFICATION RESPONSE REQUIREMENTS These instructions are intended to guide responders in formulating an acceptable response. Please use the headings listed in the outline as follows: A. Qualifications Expertise of Responder Nature of Organization, Licenses, Accreditations and Affiliations – Describe the nature of your organization (e.g., an educational institution providing educational or vocational training or a private for profit or non-profit organization with a primary goal of…). Provide copies of any licenses, certifications, accreditations by memberships in State or national organizations. List special awards or acknowledgements it has received. Organizational Structure – Please provide an organizational chart of your firm or organization. Qualifications of Personnel – Please provide a roster of the management personnel who will supervise the provision of services and their qualifications, case managers, job developers and/or all other staff who will provide the services and their qualifications, licenses or certifications. Please attach copies to the response. Facilities – If applicable, describe the responder’s facilities from which the services may be performed, assurances of meeting all applicable federal, state and local fire and safety regulations, accessibility of facilities to individuals with disabilities. Include documentation as applicable (e.g., floor plan). Experience in Providing Same or Similar Services – Outline your former experience and duration of same as a Suffolk County Department of Labor training and employment services contractor, other prior experience in the provision of services similar to those described in the RFQ, client population served and the duration of service. Describe program completion rates, 5

program outcomes, and entered employment rates and job retention rates as applicable. Accessibility – Describe accessibility via public transportation to responder’s training site(s). Reliability Operational Systems – Describe how the responder will ensure performance through adequate management, supervision and control. Record and Reporting Systems – Describe the responder’s system for selfmonitoring and for ensuring maintenance of complete and accurate records. Operating Problems – Discuss any operating problems which you have experienced within the past five years, and their resolution. References – Submit letters from three references who can attest to the responder’s reliability of the quality of services provided. Also provide any complaints the responder may have received in the operation or provision of the service in the last three years and their disposition. Financial Viability Financial Statements – For non-governmental agencies, submit current financial statements prepared and certified by an independent CPA, or if not available, an internal financial statement prepared within the last 12 months. b. Accounting Systems – For all responders, describe your financial/ accounting management systems. Indebtedness to County, Liens and Litigation – Submit (a) a statement as to indebtedness, if any, to Suffolk County, (b) a listing of all outstanding liens, if any, against the responder, and (c) a summary of litigation, if any, against the responder. NYS Employer Registration (ER) Number – Responder must be in compliance with NYS Unemployment Insurance requirements. Please provide seven-digit ER number.

c.

d.

B.

Service and Price Responses 1. Description of Services a. Service – Describe the service to be provided including whether it is an individual or group service, service duration and expected outcomes. Scheduling Flexibility – Detail how often service can be provided, necessary lead time, the minimum/maximum number of referrals, various times and days available and describe the cancellation policy.

b.

6

c.

Location Flexibility – Describe the responder’s ability to provide services at various locations including SCDOL facilities.

2.

Price The SCDOL intends to pay for each service on an hourly basis. All proposals should be submitted with a per-hour fee schedule. The SCDOL will not consider price proposals which are submitted in any other format. Indicate if a minimum number of hours are necessary for any session.

SECTION V – EVALUATION The evaluation process is broken down into four categories: responder eligibility requirements, responder qualifications, service requirements and service point evaluation. The categories will be reviewed in sequential order. The responder eligibility requirements found in Section A below, are derived from a combination of Federal, State and County laws, regulations and rules as well as SCDOL policies. A responder must obtain a positive response to each question within this section to proceed to the vendor qualification category of the evaluation process. During the responder qualification evaluation, the SCDOL will review the responder’s organization based on the criteria and point system established below in Section B. Responders must obtain a minimum rating of seventy-five points in this category to be considered “qualified”. Only proposals submitted by a “qualified” responder will be reviewed. Each service will be reviewed individually and evaluated based on the criteria and point system established in Section C & D below. The responder will need to obtain an evaluation of seventy-five or above to be placed in the SCDOL approved inventory. Being included in the SCDOL approved inventory does not commit the SCDOL to award a contract or to purchase services. Procurement resulting from this process will be conducted at the Department’s discretion. A. Responder Eligibility Requirements - A “Yes” response to each of the following questions will be required before a proposal will be considered. 1. If the responder is a non-governmental agency, has a copy of the most recent financial/audit statement been provided? Does the responder’s financial statement demonstrate an acceptable financial viability? Has the responder provided, where applicable, assurances and/or documentation that their facilities have a valid certificate of occupancy, are in compliance with State and County fire regulations, are accessible to individuals with disabilities, that they have adequate liability insurance coverage ($2,000,000), and where applicable, that they are covered by Workers’ Compensation and Disability Insurance? 7

2.

3.

4.

Has the responder complied with all requirements regarding disclosures, criminal convictions, litigation, and indebtedness statements?

B.

Responder Qualifications – An evaluation of seventy-five points or higher will be required to be considered “qualified”. 1. Does the responder have the experience, organizational structure and personnel qualified to provide the services proposed? (30 point maximum) 2. Is the responder’s administrative organization, including staffing and selfmonitoring systems, sufficient to operate the program proposed? (20 point maximum) 3. Does the responder have a record of successful program outcomes with participants in terms of creativity, practicality, and effectiveness? (30 point maximum) 4. Does the responder’s accounting and reporting systems meet acceptable accounting standards? (20 point maximum)

C.

Services Review 1. Only services proposed by responders determined to be “qualified” will be reviewed in this section. A “Yes” response to the following question will be required before a proposal will be considered: Do the proposed services meet the customer’s needs as identified by the SCDOL?

D.

Services Point Evaluation – An evaluation rating of seventy-five points or higher is required before a proposal will be considered. 1. Are the services proposed offered in a manner that provides maximum flexibility in terms of scheduling, location and group size? Can the provider respond to the needs of our customers in a timely and effective manner? (35 point maximum) Does the responder have the experience and evident capability to perform the specific service under consideration? (35 point maximum) Is the cost per unit of service reasonable and does it compare favorably with the cost of similar types of services offered within the Nassau-Suffolk area? (30 point maximum) 8

2.

3.

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ Contract for Education and Training This Agreement is between the County of Suffolk (the "County"), a New York municipal corporation, having its principal office at the County Center, Riverhead, New York 11901-3397, acting through its duly constituted Department of Labor (the "Department"), located at Building 17, North County Complex, 725 Veterans Memorial Highway, Hauppauge, New York 11788, and _____________________________________________________________________________________ _____________________________________________________________________(the "Contractor") a training provider having its principal place of business at _____________________________________ _____________________________________________________________________________________ This Agreement establishes the conditions to be observed by the Contractor and the Department regarding the enrollment and training of eligible individuals in the Education and Training program entitled __________________________, and sufficient funding exists in the Suffolk County Operating Budget. Term of Agreement: Cost of Agreement: Terms and Conditions: Shall be as set forth in Exhibit C for participants entering training after July 1, 2006 and no later than June 30, 2009. Shall be set forth in Exhibit C. Shall be as set forth in Exhibits A through C, and Exhibit entitled "Suffolk County Legislative Requirements Exhibit for Contracts" attached hereto.

In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. County of Suffolk By: ___________________________________ ___________________________________ [Type name & title under signature] Federal ID#: Date: __________________________________ Approved as to Legality: Christine Malafi Suffolk County Attorney By: ___________________________________ Samantha N. McEachin Assistant County Attorney Date: _________________________________
LB1 (1/06)

By: _________________________________ Paul Sabatino II Chief Deputy County Executive

Date: ________________________________

Approved: Suffolk County Department of Labor By: __________________________________ Robert W. Dow, Jr. Commissioner Date: ________________________________
C:\Misc\rfq\Education and Training contract.doc 2/15/2006

Page 1 of 18

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ Table of Contents Signature Page (Consists of 1 page) Exhibit A Terms and Conditions (Consists of 11 pages) Page 1

Section I - Program Provisions 1. 2. 3. 4. 5. 6. 7. Deliverables Definition of Participant Payment Formula Other Reimbursement Revenues in Excess of Costs Self-Monitoring Maintenance of Effort Page 4 Page 4 Page 4 Page 4 Page 5 Page 5 Page 5

Section II - Laws and Regulations 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Compliance with Regulations Living Wage Law Laws Applicable Governing Law Fraud, Abuse & Other Criminal Activity Work Experience Gratuities Political Activities Sectarian Activities Civil Actions Nondiscrimination Certifications Contractor’s/Vendor’s Public Disclosure Statement Child Sexual Abuse Reporting Policy Prohibition Against Contracting with Corporations that Reincorporate Overseas Union Organizing Page 5 Page 5 Page 5 Page 6 Page 6 Page 6 Page 6 Page 6 Page 6 Page 7 Page 7 Page 7 Page 7 Page 7

16.

Page 8 Page 8

Section III - Other Requirements 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Independent Contractor Offset of Arrears or Default Set-Off Rights Indemnification Insurance Agreement Subject to Appropriation of Funds Payments Contingent Upon State/Federal Funding Contractor's Staff Salary Increases Budget Deficiency Plan Assignment and Subcontracting Force Majeure Publications Page 2 of 18 Page 8 Page 8 Page 8 Page 9 Page 9 Page 10 Page 10 Page 11 Page 11 Page 11 Page 11 Page 11 Page 11
C:\Misc\rfq\Education and Training contract.doc 2/15/2006

LB1 (1/06)

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Copyrights Dispute Resolution Term and Termination of Agreement Audit, Inspections and Records Financial Statements and Audit Requirements Reports Matching Requirements Nepotism Certification Severability Confidentiality Relationship Certification Addresses for Notices, Claims and Reports Merger; No Oral Changes Table of Contents (Continued) Certifications Course Description and Payment (Consists of 1 page) Exhibit B Exhibit C Page 11 Page 11 Page 12 Page 14 Page 14 Page 15 Page 15 Page 15 Page 15 Page 15 Page 16 Page 16 Page 16 Page 18

Other Exhibits:
Suffolk County Legislative Requirements Exhibit For Contracts I Suffolk County Living Wage Requirements “Suffolk County Living Wage Requirements” Exhibit As Last Revised by the Suffolk County Department of Labor on 2/02/05” (2 pages). Suffolk County Department of Labor – Living Wage Unit Certification/Declaration – Subject to Audit Form LW-38 (consists of 1 page) II Contractor’s/Vendor’s Public Disclosure Statement Form SCEX 22; rev. 3/30/04 (form consists of two pages; requires signature & notarization) Union Organizing Certification/Declaration-Subject to Audit; rev. 6/05 Form DOL-L01 (consists of 2 pages)

III

LB1 (1/06)

Page 3 of 18

C:\Misc\rfq\Education and Training contract.doc 2/15/2006

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ Exhibit A General Conditions for Education and Training Contracts Section I - Program Provisions 1. Deliverables The Contractor shall provide certificate, degree, credit or noncredit programs, courses or training, with or without supportive services and/or employment related services. Such deliverables must be described in a catalog, a list or other official, publicly available source, unless developed for unique programs approved by the Department. Such deliverables will be provided to the participants by the Contractor in accordance with the Program Description attached to and made a part of this Agreement as Exhibit C to this Agreement. The Contractor shall provide all qualified staff, instruction, services, books, materials, equipment, supplies and laboratory and insurance or other fees necessary therefore, at a price no higher than publicly available. The Contractor shall evaluate candidates referred to it by the Department to the same extent that it evaluates other candidates prior to enrollment. The Contractor will also monitor the progress of each participant in the activity or service and advise the Department of the progress or lack of it. Definition of Participant For purposes of this Agreement, no individual who enters an approved activity or service under the terms set forth therein shall be considered a "participant" for whom training payment will be made unless the individual had first been determined eligible by the Department and had been approved by the Department to begin training. Payment Formula The Department agrees to pay the Contractor in accordance with Exhibit C of this Agreement. The Contractor's right to such payment is contingent upon satisfactorily meeting all the terms and conditions of this Agreement. Continuation of this Agreement is contingent upon Contractor achieving and maintaining performance standards established by the local Workforce Investment Board. The costs shown in Exhibit C shall not be in excess of the Contractor's standard costs, tuition and fee amounts charged to individuals not covered under this Agreement for the same program, course or service. In no case shall payments and schedule of payments be in excess of, nor shall refunds be less than, Contractor's normal, publicly available schedule of payments or refunds. There are no minimum or maximum number of services or units of service specified under this Agreement. Other Reimbursement The Contractor shall not request payment for any participant for hours of instruction for which the Contractor is funded by any other sources. The Contractor agrees to submit forms necessary to establish participant eligibility for Pell, TAP and other financial awards for all participants enrolled in approved programs. Pell, TAP and other financial award applications must be processed by the Contractor for the maximum permissible amount for each participant determined eligible. The Contractor shall provide the Department with a written report regarding the amount and manner of disbursement of any financial awards to participants. The amount actually payable to the Contractor with regard to any participant under this Agreement, after subtracting any amount withheld for nonattendance, nonachievement or other reason, shall be further reduced by the applicable award(s), and the Contractor shall promptly refund to the County any excess payment received. The Contractor shall not use financial award funds, or any other Federal funding sources, to recoup Workforce Investment Act (WIA) Title I, Temporary Assistance to Needy Families (TANF), Welfare-to-Work or other Department Page 4 of 18
C:\Misc\rfq\Education and Training contract.doc 2/15/2006

2.

3.

4.

LB1 (1/06)

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ program funds withheld or not paid, nor shall the Contractor recoup, or attempt to recoup, funds from any participant. 5. Revenues in Excess of Costs The Contractor shall reimburse the Department for any program income or revenues with respect to any participant that are in excess of the amounts approved by the Department in this Agreement as listed in the Exhibit C of this Agreement. Self-Monitoring The Contractor agrees to establish self-monitoring procedures to ensure compliance with applicable laws, regulations and provisions of this Agreement. Maintenance of Effort Funds provided under this Contract shall only be used for activities that are in addition to those that would otherwise be available in the local area in the absence of such funds.

6.

7.

Section II - Laws and Regulations 1. Compliance with Regulations The Contractor shall comply with the applicable requirements of the WIA of 1998, as amended, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and the regulations and policies promulgated thereunder and the requirements of other programs operated by the Department including TANF, Welfare-to-Work, and New York Works. The Contractor certifies and acknowledges that it has had an opportunity to review the same as they currently exist, understands and agrees to adhere to and comply with said requirements, as applicable. Living Wage Law This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. The Contractor represents and warrants that it has read and is familiar with the requirements of Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, the Living Wage Law. Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.ny.us Click on “Laws of Suffolk County” under “Suffolk County Links”. 3. Laws Applicable The Contractor shall comply with all applicable Federal and State and local laws, rules, and regulations which deal with or relate to the operation of programs under this Agreement, including, but not limited to, the provisions of the Fair Labor Standards Act, the Americans with Disabilities Act of 1990, the Equal Opportunity Clauses of the Civil Rights Act of 1964, as amended, and Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). Where participants are engaged in activities not covered under the O.S.H.A. of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants' health or safety. Page 5 of 18
C:\Misc\rfq\Education and Training contract.doc 2/15/2006

2.

LB1 (1/06)

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ 4. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venues shall be designated in Suffolk County, New York or the United States District Court for the Eastern District of New York. Fraud, Abuse & Other Criminal Activity For programs funded under the WIA, TANF, New York Works or Welfare-to-Work, and other programs operated by the Department all information and complaints involving fraud, abuse, other criminal activity, or violations of law shall be reported directly and immediately to the: Office of the Inspector General United States Department of Labor Room S-5506 200 Constitution Avenue, N.W. Washington, D.C. 20210 and other appropriate local and State authorities having proper jurisdiction. 6. Work Experience If the Contractor is a nonprofit or governmental agency or institution, at all times during the term of this Agreement, each of the Contractor's locations in Suffolk County at which services are provided under this Agreement shall be a worksite for public assistance clients of Suffolk County pursuant to Local Law No. 15-1993. If no Memorandum of Understanding (MOU) with the Suffolk County Department of Labor for work experience is in effect at the beginning of the term of this Agreement, the Contractor, if it is a nonprofit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of this Agreement. Failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with this Agreement, for which the County may withhold payment, terminate this Agreement or exercise such other remedies as may be appropriate in the circumstances. Gratuities The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). Political Activities The Contractor agrees that neither the program nor the funds provided under this Agreement shall in any way or to any extent be used in the conduct of political, partisan or election campaign activities, nor shall any participant be selected, rejected, promoted or discriminated against in any way based on political belief or affiliation. Sectarian Activities The Contractor agrees that participants shall not be utilized on the construction, operation or maintenance of any portion of any facility as is used or is to be used for sectarian instruction or as a place of religious worship. Additionally, no participants shall be placed in any capacity to free any other person for the performance of such duties or activities. Page 6 of 18

5.

7.

8.

9.

LB1 (1/06)

C:\Misc\rfq\Education and Training contract.doc 2/15/2006

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ 10. Civil Actions The Contractor represents that it shall not use any of the moneys received under this Agreement, either directly or indirectly, in connection with the prosecution of any civil action against the County of Suffolk or any of its programs, funded by the County, in part or in whole, in any jurisdiction or any judicial or administrative forum. Nondiscrimination In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other County, State and Federal administrative, statutory and constitutional nondiscrimination provisions, the Contractor shall not discriminate against any employee or applicant for employment and/or training in any program covered by this Agreement, because of race, creed, religion, color, sex, national origin, age, disability, sexual preference, political affiliation, marital status, prior criminal records, or Vietnam era or other veteran status. In addition, the Contractor shall not discriminate against any individual who is a participant in a program or activity that receives funds under Title I of the Workforce Investment Act, TANF, Welfare-to-Work or other programs operated by the Department solely because of the status of the individual as a participant. Participation in programs or activities receiving funds under Title I of the Workforce Investment Act, TANF, New York Works, Welfare-to-Work and other programs operated by the Department shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, and parolees, and other immigrants authorized by the Attorney General to work in the United States. 12. Certifications Together with this Agreement and as a condition precedent to its execution by the County, the Contractor shall have executed and delivered to the Department the Certification Regarding Lobbying, Debarment, Suspension, and Other Responsibility Matters, and the Drug-Free Workplace Requirements. The Contractor shall promptly advise the County of any material change in their Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions, required by Federal Department of Labor Regulations, shall promptly advise the County of any material change in any of the information reported on such Certification(s) and shall otherwise comply with, and shall assist the County in complying with, said Regulations as now in effect or as amended during the Term of the Agreement. Contractor’s/Vendor’s Public Disclosure Statement The Contractor represents and warrants that Contractor has filed with the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County Administrative Code Section A5-7 and shall file an update of such statement with the said Comptroller on or before the 31st day of January in each year of this Agreement’s duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of this Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement. Child Sexual Abuse Reporting Policy The Contractor has read and agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled “Child Sexual Abuse Reporting Policy” as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.ny.us Click on “Laws of Suffolk County” under “Suffolk County Links”. Page 7 of 18

11.

13.

14.

LB1 (1/06)

C:\Misc\rfq\Education and Training contract.doc 2/15/2006

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ 15. Prohibition Against Contracting with Corporations that Reincorporate Overseas The Contractor represents that it is in compliance with Suffolk County Local Law No. 20-2004, entitled “A Local Law To Amend Local Law No. 5-1993, To Prohibit The County of Suffolk From Contracting With Corporations That Reincorporate Overseas.” Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. Union Organizing The Contractor represents and warrants that it has read and is familiar with the requirements of Article 1, Chapter 466 of the Suffolk County Local Laws, “Use of County Resources to Interfere with Collective Bargaining Activities”. County Contractors (as defined) shall comply with all requirements of Local Law No. 26-2003 including the following prohibitions: (a) (b) The Contractor shall not use County funds to assist, promote, or deter union organizing. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. The County of Suffolk shall not use County funds to assist, promote, or deter union organizing. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing.

16.

(c)

(d)

If Contractor services are performed on County property the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, nonintimidation agreement and a majority authorization card agreement. If Contractor services are for the provision of human services and such services are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions of Local Law No. 26-2003, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Section III - Other Requirements 1. Independent Contractor It is expressly agreed that the Contractor's status hereunder is that of an independent contractor. Neither the Contractor nor any person hired by the Contractor shall be considered employees of the County for any purpose whatsoever. Offset of Arrears or Default The Contractor warrants that it is not, and shall not be during the term of this Agreement, in arrears to the County for taxes or upon debt or contract and is not, and shall not be during the term of this Agreement, in default as surety, contractor or otherwise on any obligation to the County, and the Contractor agrees that the County may withhold the amount of any such arrearage or default from amounts payable to the Contractor under this Agreement. Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County’s option to withhold, for the purposes of Page 8 of 18
C:\Misc\rfq\Education and Training contract.doc 2/15/2006

2.

3.

LB1 (1/06)

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ set-off, any moneys due to the Contractor under this contract up to any amounts due and owing to the County with regard to this contract and/or any other contract with any County department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the County for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its set-off rights in accordance with normal County practices including, in cases of setoff pursuant to an audit, the finalization of such audit by the County agency, its representatives, or the County Comptroller, and only after legal consultation with the County Attorney. 4. Indemnification The Contractor agrees that it shall protect, indemnify and hold harmless the County and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the Contractor in connections with the services described or referred to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals, or at the County’s option, pay reasonable attorney’s fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors or agents, is any, in connection with the services described or referred to in this Agreement. Insurance (a) The Contractor agrees to procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types specified by the County. The Contractor agrees to require that all of its contractors, in connection with work performed for the Contractor related to this Agreement, procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types equal to that specified by the County for the Contractor. Unless otherwise specified by the County and agreed to by the Contractor, in writing, such insurance will be as follows: (i) Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage. Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of this Agreement) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand ($100,000.00) for property damage per occurrence; and Worker’s Compensation and Employer’s Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. Contractor shall furnish to the County, prior to its execution of this Agreement, the documentation required by the State of New York Workers’ Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers’ Compensation Law. In accordance with General Municipal Law §108, this Agreement shall be void and of no effect unless the Contractor shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers’ Compensation Law. Page 9 of 18
C:\Misc\rfq\Education and Training contract.doc 2/15/2006

5.

(ii)

(iii)

LB1 (1/06)

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____

(iv)

Professional Liability/Errors and Omissions Insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per occurrence or claims made coverage basis.

(b) (c)

All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. The Contractor shall furnish to the County Declaration Pages for each such policy of insurance and upon request, a true and certified original copy of each such policy, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the County of Suffolk shall be named as an additional insured and the Contractor shall furnish a Declaration Page and endorsement page evidencing the County’s status as an additional insured on said policy. All such Declaration Pages, certificates and other evidence of insurance shall provide for the County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material change in said policies. Such Declaration Pages, certificates, policies and other evidence of insurance and notices shall be mailed to the Department at its address set forth in the paragraph entitled “Notices and Contact Persons” or at such other address of which the County shall have given the Contractor notice in writing. If the Contractor is a town or other municipal corporation and has a self-insurance program under which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage and certificates or other evidence of such self-insurance in lieu of insurance issued by insurance companies. In the event the Contractor shall fail to provide the Declaration Pages or certificates of insurance or to maintain any insurance required by this Agreement, the County may, but shall not be required to, obtain such policies and deduct the cost thereof from payments due to the Contractor under this Agreement or any other agreement between the County and the Contractor.

(d)

(e)

(f)

6.

Agreement Subject to Appropriation of Funds This Agreement is subject to the amount of funds appropriated and any subsequent modifications thereof by the Suffolk County Legislature, and no liability shall be incurred by the County under this Agreement beyond the amount of funds appropriated by the Legislature for the program covered by this Agreement. Payments Contingent Upon State/Federal Funding Payments under this Agreement are subject to and contingent upon continued funding by the State and/or Federal Government(s). If, for any reason, the full amount of such funding is not made available to the County, this Agreement may be terminated in whole or in part, or the amount payable to the Contractor may be reduced, at the discretion of the Department, provided that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction to the extent that funds are available to the Department for payment of such costs.

7.

LB1 (1/06)

Page 10 of 18

C:\Misc\rfq\Education and Training contract.doc 2/15/2006

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ The following paragraphs 8 through 10 apply only to contracts with a Line-Item Budget: 8. Contractor's Staff The County shall have the right to prior approval of the filling of any position now vacant or hereafter becoming vacant and may, in the exercise of that right, promulgate reasonable regulations involving position control which shall, when promulgated, be deemed to be incorporated by reference in and be made part of this Agreement. Salary Increases No salary, wage or other compensation for services shall be increased over the amount stated in the attached Budget without the prior written approval of the County. Budget Deficiency Plan The County has imposed and may impose budget deficiency plan(s). Upon written notification from the Department, the Contractor shall comply with the same restrictions as are imposed upon the Department, a copy of which will be furnished with such notification and shall thereupon be deemed to be incorporated by reference in and made part of this Agreement. Assignment and Subcontracting The Contractor shall not assign, transfer, convey, subcontract or otherwise dispose of this Agreement, or any of its right, title or interest therein or its power to execute this Agreement, or all or any portion of the monies that may be due or become due thereunder, to any other person or corporation without the prior consent in writing of the Department, and any attempt to do any of the foregoing without such consent shall be of no effect. Force Majeure Neither party shall be held responsible for any delay or failure in performance hereunder to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, civil or military authority, act of God, act or omission of carriers, power failure or similar causes beyond its control (“force majeure conditions”). If any force majeure condition occurs, the party delayed or unable to perform shall give immediate notice to the other party. Publications The Contractor shall not issue or publish any book, article, announcement, report or other publication relating to the subject program without prior written permission from the County. Any such publication shall bear a statement acknowledging the cooperation and/or funding by the County of Suffolk – Steve Levy, County Executive. Copyrights If the work of the Contractor under this Agreement should result in the production of original books, manuals, films or other materials for which a copyright may be granted, the Contractor may secure copyright protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate or otherwise use any such materials. Dispute Resolution Any problems, disputes, protests or differences resulting out of this Agreement that cannot be resolved at intermediate levels will be referred for solution to the authorized representatives of the parties following applicable Federal/State procedures.

9.

10.

11.

12.

13.

14.

15.

LB1 (1/06)

Page 11 of 18

C:\Misc\rfq\Education and Training contract.doc 2/15/2006

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____

16.

Term and Termination of Agreement a. Term This Agreement shall cover the period provided on the first page thereof, unless sooner terminated as provided below. b. Termination by County in the Public Interest Notwithstanding anything herein to the contrary, in the event that the Commissioner of the Department (hereinafter, the “Commissioner”), or his/her designee, determines, in his/her sole discretion, that termination is in the best interests of the County, the County reserves the right to terminate this Agreement for any reason at any time. Such termination shall occur upon thirty (30) days notice of intent to terminate to the Contractor. Contractor shall have an opportunity for consultation with the Commissioner prior to termination. Termination for Cause i. If the Contractor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor becomes bankrupt or insolvent or falsifies its records or reports, or misuses its funds from whatever source, the County may terminate this Agreement in whole or with respect to any identifiable part of the program, effective immediately, or, at its option, effective at a later date specified in the notice of such termination to the Contractor. ii. A failure to maintain the amount and types of insurance required by this Agreement may result in immediate termination of this Agreement, in the sole discretion of the Commissioner. No prior notice to cure and of intent to terminate shall be required. iii. An emergency or other condition involving possible loss of life, threat to health and safety, destruction of property or other condition deemed to be dangerous, in the sole discretion of the Commissioner, may result in immediate termination of this Agreement, in whole or with respect to any identifiable part of the program, in the sole discretion of the Commissioner. In such event, no prior notice to cure and of intent to terminate shall be required. Failure to comply with federal, State or local laws, rules, regulations, or County policies or directives, may result in immediate termination of this Agreement, at the sole discretion of the Commissioner. In such event, no prior notice to cure and of intent to terminate shall be required. A failure on the part of Contractor to observe any of the other terms and conditions of this Agreement on its part to be observed and performed, which failure persists after the expiration of twenty (20) days from the date the Commissioner gives notice to cure and of intent to terminate to the Contractor shall be deemed a breach of contract; provided, however, that if the matter which is the subject of the notice is of such a nature that it cannot reasonably be corrected within twenty (20) days, then no breach of contract shall have been deemed to have occurred if Contractor, before the expiration of the twenty-day period, diligently commences and prosecutes the same to completion. Soliciting bids, in good faith, for performance of corrective work shall be deemed commencement of such work within the purview hereof. The notice to cure and of intent to terminate shall call attention to the existence of the failure and particularize the claimed failure in reasonable detail. The notice shall also state the intended date of termination.

c.

iv.

v.

vi.

LB1 (1/06)

Page 12 of 18

C:\Misc\rfq\Education and Training contract.doc 2/15/2006

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ vii. After a breach of contract has occurred, the Commissioner or his/her designee, in his/her sole discretion, may terminate the Agreement. The Commissioner shall give written notice of such termination and the Agreement shall expire as fully and completely as if that date were the date herein originally fixed for the expiration of the term. Upon termination pursuant to the foregoing paragraph, Contractor acknowledges and agrees that it shall not be entitled nor shall it make a claim for lost profits or loss of anticipated earnings because of termination.

viii.

d.

Notice of Termination i. Notice of termination must be in writing, signed by an authorized official, and sent to the other party by certified mail, or by messenger, and receipt shall be requested. Notice of termination shall be deemed delivered as of the date of its posting by certified mail or at the time it is delivered to the other party by messenger. ii. Upon due notice of termination and as may be requested by the Department, the Contractor shall provide the County with any information, records, or reports that are within the purview of this Agreement, subject to any applicable provisions of law or regulations. The Contractor shall also relinquish title and possession of any furniture, fixtures, equipment, materials or supplies as specified in this Agreement. Upon receipt of a termination notice pursuant to the foregoing paragraph, the Contractor shall promptly discontinue all services affected unless otherwise directed by the notice of termination.

iii.

e.

Payments upon Termination i. The County shall be released from any and all responsibilities and obligations arising from the Program covered by this Agreement, effective as of the date of termination, but the County shall be responsible for payment of all claims for services provided and costs incurred by the Contractor prior to termination of the Agreement, that are pursuant to, and after the Contractor 's compliance with, the terms and conditions of this Agreement. ii. Upon termination, the Contractor agrees to promptly reimburse to the County, by check payable to the Suffolk County Treasurer, the balance of any funds paid to the Contractor by the County. Upon termination, any funds paid to the Contractor by the County which were used by the Contractor in a manner that failed to comply with the terms and conditions of this Agreement must be promptly reimbursed. If there is no response or if satisfactory repayments are not made, the County may recoup such payments from any amounts due or becoming due to the Contractor from the County under this Agreement or otherwise. The provisions of this subparagraph shall survive the expiration or termination of the Agreement.

f.

Termination By Contractor The Contractor may terminate this Agreement by giving not less than sixty (60) days prior written notice (or thirty (30) days written notice if substantial breach of contract is involved) to the Department, specifying the reasons for termination and the effective date of termination.

LB1 (1/06)

Page 13 of 18

C:\Misc\rfq\Education and Training contract.doc 2/15/2006

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ 17. Audit, Inspections and Records The Contractor agrees that for a period of seven (7) years it shall maintain and have available during normal business hours for inspection by the Department or the Suffolk County Comptroller or his designee, or by the State or Federal government, any books, documents, papers, attendance records, progress reports and financial records pertaining to each and every participant, as well as all records and documentation pertaining to the expenditure of all such matching funds as may be required under this Agreement. The Contractor further agrees that the nature and extent of the services provided pursuant to this Agreement shall be subject to review by the County and that the Department, through its duly authorized representatives, has the right to monitor classes, interview participants and evaluate the program as it deems necessary. In addition, if a line-item budget is attached as an Addendum to this Agreement, the Contractor agrees to meet the Accounting, Financial Statement and Audit Requirements outlined in this Agreement. Financial Statements and Audit Requirements (a) Notwithstanding any other reporting or certification requirements of Federal, State or local authorities, the Contractor shall obtain the services of an independent licensed public accountant or certified public accountant (the “Auditor”) to audit its financial statements for each Contractor fiscal year in which the Contractor has received, or will receive, $300,000 or more from the County, whether under this Agreement or otherwise, and shall submit a report on the overall financial condition and operations of the Contractor, including a balance sheet and statement of income and expenses, attested by the Auditor as fairly and accurately reflecting the accounting records of the Contractor in accordance with generally accepted accounting principles. The Contractor is encouraged to solicit requests for proposals (RFPs) from a number of qualified accounting firms and to review carefully the costs of, and qualifications for, this type of work before selecting the Auditor. (b) The Auditor should be required to meet the following minimum requirements: i. ii. iii. (c) a current license issued by the New York State Education Department; sufficient auditing experience in the nonprofit, governmental or profitmaking areas, as applicable; and a satisfactory peer review issued within not more than three years prior to the date when the Auditor was selected to conduct the audit.

18.

The audit must be conducted in accordance with generally accepted governmental auditing standards (GAGAS). Financial statements must clearly differentiate between County-funded programs and other programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged for this purpose. The Auditor must also prepare a management letter based on the audit. Furthermore, if the Contractor is a non-profit organization or unit of local government and expends $500,000 or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass-through entity, such as New York State or Suffolk County, during any fiscal period within which it receives funding under this Agreement (“fiscal year”), the audit must be conducted, and the audit report (“Single Audit Report”) must be, in accordance with OMB Circular No. A-133 (revised June 27, 2003). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass-through entity, to the extent required by the OMB Circular just referred to. The Contractor must submit a statement in writing, certified by its chief financial officer, which states the amount of Federal funding expended by the Contractor during such Page 14 of 18
C:\Misc\rfq\Education and Training contract.doc 2/15/2006

(d)

(e)
LB1 (1/06)

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ fiscal year. The Contractor must mail or deliver the certified statement to the Department and to Executive Director of Auditing Services, Suffolk County Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial Highway, P. O. Box 6100, Hauppauge, New York 11788-0099, as soon as possible after the end of the Contractor’s fiscal year. The statement should include ALL Federal funding received directly from the Federal government and ALL Federal funds passed through from the County and other pass-through entities. (f) Copies of all financial statements, management letters, Single Audit Reports (if applicable) and other audit reports, if required, must be transmitted to the Department and to the Executive Director of Auditing Services at the address just set forth. The reports must be submitted within thirty (30) days after completion of the audit, but in no event later than nine (9) months after the end of the Contractor’s fiscal period to which the audit relates. These requirements do not preclude the Department or the Suffolk County Comptroller or their authorized representatives or Federal or State auditors from auditing the records of the Contractor. Therefore, the records of the Contractor must be made available to authorized representatives of Federal, State or County government for that purpose.

(g)

The provisions of the foregoing subparagraphs (a) through (g) of this paragraph shall survive the expiration or termination of this Agreement. 19. Reports Contractor shall prepare and provide to the Department such reports as the Department may require. Such reports shall be in a format determined by the Department and submitted on a schedule determined by the Department. Matching Requirements For programs requiring matching contributions from the Contractor, should the Contractor fail to meet the minimum matching expenditure requirement, an amount equal to the shortfall may be withheld from payment under this Agreement. Should any matching fund expenditures be disallowed after payment has occurred, the Contractor shall reimburse the Department for any penalty assessed against the Department resulting from such disallowed Contractor expenditures. Nepotism No individual may be placed in a WIA, TANF, Welfare-to-Work or other program employment activity if a member of that person's immediate family is directly supervised by or directly supervises that individual. Immediate family shall include wife, husband, daughter, son, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. Certification The parties to this Agreement hereby certify that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known relationship within the third degree of consanguinity, life partner or business, commercial, economic, or financial relationship between the parties, the signatories to this Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of any party to this Agreement. Severability It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other Page 15 of 18
C:\Misc\rfq\Education and Training contract.doc 2/15/2006

20.

21.

22.

23.

LB1 (1/06)

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 24. Confidentiality a. The Contractor expressly agrees to preserve the confidentiality of all data and information shared, received, collected, or obtained as a result of this Agreement. No disclosure, redisclosure or release of such data or information is to be made, permitted, or encouraged by the Contractor or its officers or employees, except as expressly authorized by law. It is further understood and agreed that no such data or information is to be used for personal benefit. b. In addition, the Contractor agrees to maintain the confidentiality of all information in conformity with the provisions of applicable local, State and Federal laws and regulations.

25.

Relationship Certification The parties to this Agreement hereby certify that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known relationship within the third degree of consanguinity, life partner or business, commercial, economic, or financial relationship between the parties, the signatories to this Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of any party to this Agreement.

26.

Addresses for Notices, Claims and Reports
a. Notices, Relating to Payments, Reports or Other Submissions. Any communication, notice, claim for payment, report, or other submission necessary or required to be made by the parties regarding this Agreement shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other address that may be specified in writing by the parties and must be delivered as follows: For the Department: By Registered or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service Suffolk County Department of Labor Bldg. 17, North County Complex 725 Veteran Memorial Highway Hauppauge, New York 11788 Att. Robert W. Dow, Jr., Commissioner and For the Contractor: By Registered or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing.

LB1 (1/06)

Page 16 of 18

C:\Misc\rfq\Education and Training contract.doc 2/15/2006

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____

b.

Notices Relating to Insurance Any communication, notice or other submission regarding insurance requirements under this Agreement shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: For the Department: By Registered or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service Suffolk County Department of Labor Bldg. 17, North County Complex 725 Veteran Memorial Highway Hauppauge, New York 11788 Att. Robert W. Dow, Jr., Commissioner and Christine Malafi, County Attorney Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 and For the Contractor: By Registered or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing.

c.

Notices Relating to Indemnification and Termination Any communication or notice regarding indemnification or termination shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: For the County: By Registered or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service Suffolk County Department of Labor Bldg. 17, North County Complex 725 Veteran Memorial Highway Hauppauge, New York 11788 Att. Robert W. Dow, Jr., Commissioner

LB1 (1/06)

Page 17 of 18

C:\Misc\rfq\Education and Training contract.doc 2/15/2006

SCDOL Contract #320 - 6300 - 4980 - 63 -____-07M Law No. LB001M/____-____ and Christine Malafi, County Attorney Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 and For the Contractor: By Registered or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. Notices sent under paragraphs a, b, and, c above shall be deemed to have been duly given (i) if mailed by registered or certified mail, upon the seventh business day after the mailing thereof; or (ii) if by nationally recognized overnight courier service, upon the first business day subsequent to the transmittal thereof.

Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated successor(s). d. Notices Relating to Litigation i. Any notice by either party to the other with respect to the commencement of any lawsuit or legal proceeding against the other, shall be effected pursuant to and governed by the New York State Civil Practice Law and Rules or the Federal Rules of Civil Procedure, as applicable. In the event the Contractor receives a notice or claim or becomes a party (plaintiff, petitioner, defendant, respondent, third party complainant, third part defendant) to a lawsuit or any legal proceeding related to this Agreement, the Contractor shall immediately forward to the County Attorney, at the addresses set forth in sub-paragraph b above, copies of all papers filed by or against the Contractor. Notices shall be as provided in paragraph (c) above.

ii.

27.

Merger; No Oral Changes It is expressly agreed that this instrument represents the entire agreement of the parties; that all previous understandings are merged in this Agreement; and that no modification of this Agreement shall be valid unless written and executed by both parties. -End of Exhibit A-

LB1 (1/06)

Page 18 of 18

C:\Misc\rfq\Education and Training contract.doc 2/15/2006

Exhibit B CERTIFICATION REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, AND DRUG-FREE WORKPLACE REQUIREMENTS

Applicant should refer to the regulations cited below to determine the certification included in the regulations before completing the form. Signature of this form provides for compliance with certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying," and 34 CFR Part 85, "Government-wide Debarment and Suspension (Non-Procurement) and representation of fact upon which reliance will be placed when the Department of Labor determines to award the covered transaction grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code and implemented at 34 CFR Part 82 for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Section 82.105 and 82.110, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of a member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements and subcontracts) and that all subrecipients shall certify and disclose accordingly. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarments and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR part 85, Sections 83.105 and 85.110. A. The applicant certifies that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department of agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contracts under a public transaction, violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicated or otherwise criminally or civilly charged by a Government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A (b) of the certification; and Have not within a three-year period preceding this application had one or more public transactions (Federal, State and local) for cause or default; and Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach and explanation to this application.

(c)

(b)

(d)

B.

(c)

3.

DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610. A. The applicant that it will or will continue to provide a drug-free workplace by: Publishing a statement notifying employees that the manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;

2.

(a)

(a)

GM 50 (1-92)

(b) Establishing an on-going drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; The grantee's policy of maintaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance program; and The penalties that may be imposed upon employee for drug abuse violation occurring in the workplace: g. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); Notifying the employee in the statement required by paragraph (a) that as a condition of employment under the grant, the employee will: Abide by the terms of the statement and; Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency, in writing within 10 calendar days after having received notice under subparagraph (dx2) from an employee or otherwise receiving actual police of such conviction. Employers of convicted employees must provide notice, including position title, to: Director, Grants Management Bureau, State Office Building Campus, Albany, New York 12240. Notice shall include the identification number(s) of each affected grant. Taking one of the following action, within 30 calendar days of receiving notice under subparagraph (dx2), with 2. 1.

respect to any employee who is so convicted: Taking appropriate personnel action against such an employee, up to and including termination, consistent with the Requirements of the Rehabilitation Act of 1973, as amended; or Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement, or other appropriate agency; making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), (f), The grantee may insert in the space provided below the site(s) for the performance of work done in connection with this specific grant. Place of Performance (street, address, city, county, state, zip code). DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610. A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Director, grants Management Bureau, State Office Building Campus, Albany, NY 12240. Notice shall include the identification number(s) of each affected grant

2.

3.

4.

B.

(d)

1. 2.

(e)

B.

(f)

Check if there are workplaces on file that are not identified here. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.

Name of Applicant/Grantee/Subgrantee

Printed Name and Title of Authorized Representative

Signature GM 50 (1-92)

Date

Suffolk County Legislative Requirements Exhibit for Contracts
This exhibit is attached to and is made part of the contract executed with the County.

I

Suffolk County Living Wage Requirements “Suffolk County Living Wage Requirements” Exhibit (2 pages); rev 5/05 Suffolk County Department of Labor - Living Wage Unit Certification/Declaration – Subject to Audit Form LW-38 (consists of 1 page); rev. 7/05

II

Contractor’s/Vendor’s Public Disclosure Statement Form SCEX 22; rev. 3/30/04 (form consists of three pages; requires signature & notarization) Note: The Contractor’s/Vendor’s Public Disclosure Statement Form SCEX 22; rev. 3/30/04,

III

Union Organizing Certification/Declaration - Subject to Audit; rev. 6/05 Form LO1 (consists of 2 pages)

I Suffolk County Living Wage Documents

Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 5/20/05 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, “A Local Law to Implement Living Wage Policy for the County of Suffolk” (the “Living Wage Law”), all RFPs, County contracts and financial compensation agreements subject to the law shall contain the following two paragraphs or substantially equivalent language: This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply all employers (as defined) under service contracts and recipients of County financial compensations, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. --------------------------------------------------------------------------------------------------------------------------Forms for Completion and/or Signature (as applicable) • Suffolk County Department of Labor – Living Wage Unit Notice of Application for County Compensation (Contract) Form LW-1 (consists of 1 page) Suffolk County Department of Labor - Living Wage Unit Certification/Declaration – Subject to Audit Form LW-38 (consists of 1 page) (Replaces LW2, LW3 and LW33) Suffolk County Department of Labor – Living Wage Unit Request for General Living Wage Exemption Form LW-4 (consists of 1 page) Suffolk County Department of Labor – Living Wage Unit Request for Specific Living Wage Exemption Form LW-5 (consists of 2 pages)

•

•

•

1 of 2 pages

Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 5/20/05

Note: Pursuant to Section 7 of Local Law No.18– 2002, “A Local Law to Implement Living Wage Policy for County of Suffolk”, all covered employers subject to the provisions of the Living Wage Law shall submit a completed and sworn (under penalty of perjury) Certification/Declaration – Subject to Audit Form LW-38, signed by an authorized representative, as part of an executed contract with the County of Suffolk. The complete Certification/Declaration – Subject to Audit Form LW-38 shall be made a part of any executed contract or project agreement and made available to the public upon request. ----------------------------------------------------------------------------------------------------------------• • • To certify Living Wage compliance: Return Forms LW-1 and LW-38. or To certify non-applicability of Living Wage law: Return Form LW-38. or To request and document a general living wage exemption: Return Forms LW-1, LW-38 and LW-4. or To request and document a specific living wage exemption: Return Forms LW-1, LW-38 and LW-5. ------------------------------------------------------------------------------------------------------------------------In the event that there is a change in circumstances, it is the Contractor’s responsibility to submit to the County additional Living Wage forms which either replace or supplement prior submissions of Living Wage forms. Living Wage Law Information Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.ny.us Click: Department Directory Labor Living Wage Law Info • Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808

•

•

•

End of Text for Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 5/20/05

2 of 2 pages

SUFFOLK COUNTY DEPARTMENT OF LABOR – LIVING WAGE UNIT LIVING WAGE CERTIFICATION/DECLARATION – SUBJECT TO AUDIT If either of the following definitions of ‘compensation’ (Living Wage Law Chapter 347 – 2) applies to the contractor’s/recipient’s business or transaction with Suffolk County, the contractor/recipient must complete Sections 1, 3, 4 below; and Form LW-1 (Notice of Application for County Compensation). If the following definitions do not apply, the contractor/recipient must complete Sections 2, 3 and 4 below. Completed forms must be submitted to the awarding agency. “Any grant, loan, tax incentive or abatement, bond financing subsidy or other form of compensation of more that $50,000 which is realized by or provided to an employer of at least ten (10) employees by or through the authority or approval of the County of Suffolk,” or “Any service contract or subcontract let to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or commodities) which involve an expenditure equal to or greater than $10,000. For the purposes of this definition, the amount of expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not ‘compensation’ for the purposes of this definition.” Section I The Living Wage Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract where this company has received compensation, from the County of Suffolk as defined in the Law (compensation) a wage rate of no less than $10.02 ($9.25 for child care providers) per hour worked with health benefits, as described in the Law, or otherwise $11.41 ($10.50 for child care providers) per hour or the rates as may be adjusted annually in accordance with the Law. (Chapter 347-3 B) I/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies property or uses equipment or property that is improved or developed as a result of compensation or any contractor or subcontractor of this company that employs at least ten (10) persons in producing or providing goods or services to this company that are used in the project or matter for which this company has received compensation shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of compliance is longer. All payroll and benefit records required by the County will be maintained for inspection for a similar period of time. (Chapter 347-7 D) The County Department of Labor shall review the records of any Covered Employer at least once every three years to verify compliance with the provisions of the Law. (Chapter 347-4 C) The Living Wage Law does not apply to this contract for the following reason(s):_________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Check if applicable Section III Contractor Name: Contractor Address:

Check if applicable

Section II

_______________________________________ _______________________________________ _______________________________________

Federal Employer ID#:

_________________

Amount of compensation: __________________ Vendor #: __________________

Contractor Phone #:

_______________________________________

Description of project or service:______________________________________________________________________________ Section IV I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the above is true and correct. ____________________________________________________________ Authorized Signature ____________________________________________________________ Print Name and Title of Authorized Representative LW 38 (revised 6-06, replaces forms LW2, LW3, and LW33) _________________________ Date

II Contractor’s/Vendor’s Public Disclosure Statement Documents

Suffolk County Form 22 Contractor’s/Vendor’s Public Disclosure Statement
Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County. In the event contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so indicate at paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt status, you must execute this form below before a notary public. 1. Contractor’s/Vendor’s Name_______________________________________________ Address_______________________________________________________________ City and State________________________________________Zip Code___________ Contracting Department’s Name____________________________________________ Address_______________________________________________________________ Payee Identification or Social Security No.____________________________________ Type of Business__Corporation__Partnership__Sole Proprietorship__Other Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk County in excess of $1,000? __Yes__No. Has contractor/vendor entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $1,000? __Yes__No. Table of Organization. List names and addresses of all principals; that is, all individuals serving on the Board of Directors or comparable body, names and addresses of all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________ List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________ Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County?___Yes___No. If you answered yes to 8 above, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor’s/Vendor’s Public Disclosure Statement with the contract. (Describe general nature of the contract.)_______________________ ______________________________________________________________________

2. 3. 4. 5.a 5.b

6.

7.

8. 9.

10.

Page 1 of 3 Public Disclosure Form

Remedies. The failure to file a verified public disclosure statement as required under local law shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. 12. If you are one of the entities listed below at a) through c) or you qualify under d) below, you are exempt from completing paragraphs numbered 1 through 11 herein: _____ a) Hospital _____ b) Educational or governmental entities _____ c) Not-for-profit corporations _____ d) Contracts providing for foster care, family day-care providers or child protective services Please check to the left side of the appropriate exemption. 13. Verification. This section must be signed by an officer or principal of the contractor/vendor authorized to sign for the company for the purpose of executing contracts. The undersigned being sworn, affirms under the penalties of perjury, that he/she has read and understood the foregoing statements and that they are, to his/her own knowledge, true. Signed:

11.

Dated: Printed Name of Signer: Title of Signer: Name of Contractor/Vendor:

UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF ) ss.: On the ____ day of ______________ in the year 2007 before me, the undersigned, personally appeared ____________________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. _______________________________________________ (signature and office of individual taking acknowledgement)

Page 2 of 3 Public Disclosure Form

UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Without New York State)

STATE OF COUNTY OF

) )ss.: )

On the________day of___________________ in the year 2007 before me, the undersigned, personally appeared_________________________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual(s) made such appearance before the undersigned in___________________________________________________ _________________________________________________________________________________ (Insert the city or other political subdivision and the state or country or other place the acknowledgement was taken)

_________________________________________________ (signature and office of individual taking acknowledgement)

Contractor’s/Vendor’s Public Disclosure Statement Form (Rev. 3/04) Page 3 of 3 Public Disclosure Form
C:\Misc\Suff Co Exhibit Pub Disc FormSOP 06.doc

lll Union Organizing Certification/Declaration

Suffolk County, New York Department of Labor

SUFFOLK COUNTY DEPARTMENT OF LABOR – LABOR MEDIATION UNIT UNION ORGANIZING CERTIFICATION/DECLARATION – SUBJECT TO AUDIT

If the following definition of “County Contractor” (Union Organizing Law Chapter 466-2) applies to the contractor’s/beneficiary’s business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I, III, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, III and IV below. Completed forms must be submitted to the awarding agency. County Contractor: “Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with any of the above.”

Section I

The Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as such shall not use County funds to assist, promote, or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist, promote, or deter union organizing. (Chapter 466-3 B) I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3 H) I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, I/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as applicable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-3 I) I/we further affirm to the following: • I/we will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; • I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; • I/we will not require an employee, individually or in a group, to attend a meeting or an event that is intended to influence his or her decision in selecting or not selecting a bargaining representative; • I/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the adoption of nonconfrontational procedures for the resolution of prerecognition labor disputes with employees engaged in the production of goods or the rendering of services for the County; and • I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said procedures in such certification. I/we further agree that every County contract for the provision of services, when such services will be performed on County property, shall include a requirement that I/we adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, no intimidation agreement, and a majority authorization card agreement. I/we further agree that every County contract for the provision of human services, when such services are not to be performed on County property, shall include a requirement that I/we adopt, at the least, a neutrality agreement. I/we understand that the efficient, timely, and nondisruptive provision of goods and services is a paramount financial interest of the County of Suffolk and as such, the County expects the potential County contractor to protect the County’s financial interest by adopting nonconfrontational procedures for the orderly resolution of labor disputes, including, but not limited to, neutrality agreements, majority authorization card agreements, binding arbitration agreements, fair communication agreements, nonintimidation agreements, and reasonable access agreements.

Check if Applicable

Section II The Union Organizing Law does not apply to this contract for the following reason(s):__________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Check if Applicable

Section III Contractor Name: Contractor Address:

_______________________________________

Federal Employer ID#: __________________

_______________________________________ Amount of Assistance: __________________ ________________________________________ Vendor #: ____________________________

Contractor Phone #: ________________________________________ Description of project or service: ______________________________________________________________________

Section IV I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the above is true and correct.

Authorized Signature

Date

Print Name and Title of Authorized Representative

2/22/2006 SCDOL Contract #320-6300-4980-63Law No. LB001M/______-______ Exhibit C

-07M

Courses and costs under this contract include but are not limited to the following courses and any other courses that may be approved by the Education Review Committee for the term of this agreement at a cost to the County not to exceed $6,000 per course. Course Title Cost of Course

Suffolk County Department of Labor

_____________________________

______________________________ Robert W. Dow, Jr. Commissioner Date_____________________

Date___________________

Page 1 of 1 Page LB1 (1/06)

Exhibit D Financial Statements and Audit Requirements
(a) Notwithstanding any other reporting or certification requirements of Federal, State or local authorities, the Contractor shall obtain the services of an independent licensed public accountant or certified public accountant (the “Auditor”) to audit its financial statements for each Contractor fiscal year in which the Contractor has received, or will receive, $300,000 or more from the County, whether under this Agreement or otherwise, and shall submit a report on the overall financial condition and operations of the Contractor, including a balance sheet and statement of income and expenses, attested by the Auditor as fairly and accurately reflecting the accounting records of the Contractor in accordance with generally accepted accounting principles. The Contractor is encouraged to solicit requests for proposals (RFPs) from a number of qualified accounting firms and to review carefully the costs of, and qualifications for, this type of work before selecting the Auditor. (b) The Auditor should be required to meet the following minimum requirements: (i) (ii) (iii) a current license issued by the New York State Education Department; sufficient auditing experience in the nonprofit, governmental or profit-making areas, as applicable; and a satisfactory peer review issued within not more than three years prior to the date when the Auditor was selected to conduct the audit.

(c) The audit must be conducted in accordance with generally accepted governmental auditing standards (GAGAS). Financial statements must clearly differentiate between County-funded programs and other programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged for this purpose. The Auditor must also prepare a management letter based on the audit. (d) Furthermore, if the Contractor is a non-profit organization or unit of local government and expends $300,000 or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass-through entity, such as New York State or Suffolk County, during any fiscal period within which it receives funding under this Agreement (“fiscal year”), the audit must be conducted, and the audit report (“Single Audit Report”) must be, in accordance with OMB Circular No. A-133 (revised June 24, 1997). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass-through entity, to the extent required by the OMB Circular just referred to. (e) The Contractor must submit a statement in writing, certified by its chief financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must mail or deliver the certified statement to the Department and to John D’Amico, Executive Director of Auditing Services, Suffolk

County Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial Highway, P. O. Box 6100, Hauppauge, New York 11788-0099, as soon as possible after the end of the Contractor’s fiscal year. The statement should include ALL Federal funding received directly from the Federal government and ALL Federal funds passed through from the County and other pass-through entities. (f) Copies of all financial statements, management letters, Single Audit Reports (if applicable) and other audit reports, if required, must be transmitted to the Department and to Mr. D’Amico at the address just set forth. The reports must be submitted within thirty (30) days after completion of the audit, but in no event later than nine (9) months after the end of the Contractor’s fiscal period to which the audit relates. (g) These requirements do not preclude the Department or the Suffolk County Comptroller or their authorized representatives or Federal or State auditors from auditing the records of the Contractor. Therefore, the records of the Contractor must be made available to authorized representatives of Federal, State or County government for that purpose. (h) All payments made under this Agreement are subject to audit by the Suffolk County Comptroller pursuant to Article V of the Suffolk County Charter. If the Contractor fails to cooperate with an audit by the Comptroller, the County shall have the right to suspend or partially withhold payments under this Agreement or under any other agreement between the parties until such cooperation is forthcoming. If such an audit discloses overpayments by the County to the Contractor, within thirty (30) days after the issuance of an official audit report by the Comptroller or his duly designated representatives, the Contractor shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no response or if satisfactory repayments are not made, the County may recoup overpayments from any amounts due or becoming due to the Contractor from the County under this Agreement or otherwise. (i) The provisions of the foregoing subparagraphs (a) through (h) of this paragraph shall survive the expiration or termination of this Agreement.

Exhibit C CLASSROOM TRAINING SERVICES CONTRACT ADDENDUM Contract # 320-6300-4980-63-05M

TRAINING PROVIDER:

TRAINING PROGRAM:

I.

The CONTRACTOR will provide the following, all of which are included in the cost entered in Item II(B) of this addendum: A. The supplies, books, tools, uniforms, and/or equipment which will be retained by the participant upon successful completion of the course; fees for licensing or certification tests necessary for completion of the course; any other items necessary to complete the course.

B.

A course of instruction consisting of:

Addendum Page 1 of 2 DOL – M99 (A1) 2/04

Exhibit C
CLASSROOM TRAINING SERVICES CONTRACT ADDENDUM

CONTRACT # 320-6300-4980-63-

-07M

TRAINING PROGRAM II. PAYMENT The DEPARTMENT agrees to pay the CONTRACTOR based on the following conditions: A. No payment will be made by the DEPARTMENT unless and until the CONTRACTOR provides the written report required by Section I (4) of Exhibit A of this Agreement. Effective (mo/day/year) C. D. Total number of Training Program hours: . maximum tuition cost per student: $ .

B.

The CONTRACTOR shall complete accurate, certified attendance and achievement records on forms supplied by the DEPARTMENT and provide such records to the DEPARTMENT on a schedule determined by the DEPARTMENT. No payment shall be made for a participant who attends the Training Program less than Upon verification by the DEPARTMENT of aid payments will be paid to the CONTRACTOR. $ TUITION X 50% = $ hours.

E. F.

hours of attendance, 50% of the tuition less financial

LESS FINANCIAL AID. hours of attendance, the remaining 50% of the

G.

Upon verification by the DEPARTMENT of tuition less any additional financial aid payment will be paid. $ TUITION X 50% = $

LESS FINANCIAL AID.

H.

33% of the total tuition paid to the CONTRACTOR will be refunded to the Department for any student who does hours of attendance. In no case shall the refund paid to the Department by the not complete CONTRACTOR be less than the amount paid under the CONTRACTOR'S normal, published refund policy. A COMPLETION is defined as occurring when the participant: 1. 2. Attends at least 80% of the training hours, and Has achieved a grade of "C" or the equivalent rating; or has been awarded a Certificate of Completion or other appropriate notification of satisfactory outcome.

I.

SUFFOLK COUNTY DEPARTMENT OF LABOR Approved by: Approved by: Robert W. Dow, Jr. Type Name Type Name Commissioner Type Title Date: Type Title Date:

Addendum Page 2 of 2 DOL – M99 (A1) 2/04

Exhibit C CLASSROOM TRAINING SERVICES CONTRACT ADDENDUM

Contract # 320-6300-4980-63-9001 -07M

TRAINING PROVIDER:

TRAINING PROGRAM: I. The CONTRACTOR will provide the following, all of which are included in the cost entered in Item II(B) of this addendum: A. The supplies, books, tools, uniforms, and/or equipment which will be retained by the participant upon successful completion of the course; fees for licensing or certification tests necessary for completion of the course; any other items necessary to complete the course.

B.

A course of instruction consisting of:

Addendum 1 of 2 DOL – M99 (B2) 2/04

Exhibit C CLASSROOM TRAINING SERVICES CONTRACT ADDENDUM CONTRACT # 320-6300-4980-63II. PAYMENT The DEPARTMENT agrees to pay the CONTRACTOR based on the following conditions: A. No payment will be made by the DEPARTMENT unless and until the CONTRACTOR provides the written report required by Section II (4) of Exhibit A of this Agreement. maximum tuition cost per student: $ (mo/day/year) (The payable cost per student is defined as: the RFQ stipulated tuition cost of $ minus the amount of the total financial award(s). In no case will the maximum payment made by the exceed $6,000 per student). C. D. Total number of Training Program hours: The CONTRACTOR shall complete accurate, certified attendance and achievement records on forms supplied by the DEPARTMENT and provide such records to the DEPARTMENT on a schedule determined by the DEPARTMENT. hours. No payment shall be made for a participant who attends the Training Program less than (hours) of attendance, 1/3 of the tuition will be Upon verification by the DEPARTMENT of paid to the CONTRACTOR. $ F. TUITION x 1/3 = $ LESS FINANCIAL AID. Effective -07M TRAINING PROGRAM:

B.

SCDOL

E.

When one-half of the course has been completed, 1/3 of the tuition will be paid to the CONTRACTOR. $ TUITION x 1/3 = $ LESS FINANCIAL AID.

G.

A portion of the total tuition paid to the CONTRACTOR will be refunded to the Department for any student who does not complete hours of attendance. In no case shall the refund paid to the Department by the CONTRACTOR be less than the amount paid under the CONTRACTOR'S normal, published refund policy. AT COMPLETION of training, the CONTRACTOR will be paid 1/3 of the tuition for each participant. $ TUITION x 1/3 = $ LESS FINANCIAL AID.

H.

A COMPLETION is defined as occurring when the participant: 1. 2. Attends at least 80% of the training hours, and Has achieved a grade of "C" or the equivalent rating; or has been awarded a Certificate of Completion or other appropriate notification of satisfactory outcome. SUFFOLK COUNTY DEPARTMENT OF LABOR Approved by: Approved by: Robert W. Dow, Jr. Type Name Type Name Commissioner Type Title Date: Type Title Date: Addendum 2 of 2 DOL – M99 (B2) 2/04

Exhibit C COLLEGE CREDIT BASED CONTRACT ADDENDUM

CONTRACT # 320-6300-4980-63-

-07M

TRAINING PROVIDER:

TRAINING PROGRAM:

I.

The CONTRACTOR will provide the following, all of which are included in the cost entered in Item II(B) of this addendum: A. The supplies, books, tools, uniforms, and/or equipment which will be retained by the participant upon successful completion of the course; fees for licensing or certification tests necessary for completion of the course; any other items necessary to complete the course.

B.

A course of instruction consisting of:

Addendum Page 1 of 2 DOL – M99 (C2) 2/04

Exhibit C COLLEGE CREDIT BASED CONTRACT ADDENDUM

CONTRACT # 320-6300-4980-63TRAINING PROGRAM:

-07M

II.

PAYMENT The DEPARTMENT agrees to pay the CONTRACTOR based on the following conditions: A. No payment will be made by the DEPARTMENT unless and until the CONTRACTOR provides the written report required by Section I (4) of Exhibit A of this Agreement. Effective maximum total tuition cost per student: $ 6,000 (mo/day/year) (The payable cost per student is defined as: the RFQ stipulated tuition cost of $ minus the amount of the total financial award(s). In no case will the maximum payment made by the SCDOL exceed $6,000 per student.) .

B.

C. D.

Total number of college credits hours:

The CONTRACTOR shall complete accurate, certified attendance and achievement records on forms supplied by the DEPARTMENT and provide such records to the DEPARTMENT on a schedule determined by the DEPARTMENT. The DEPARTMENT agrees to pay the CONTRACTOR according to the following: 1. Upon verification by the DEPARTMENT that the student is enrolled in and attending courses that will earn the student college credits at the completion of the semester, the DEPARTMENT will pay the CONTRACTOR $ less any financial aid received by the student. Upon verification that the student has been awarded college credits at the completion of the first semester and that the student is enrolled in and attending courses that will earn the student college credits at the completion of the second semester, the DEPARTMENT will pay the CONTRACTOR $ less any financial aid received by the student. Payment for future semesters will be based on the student's progress toward completion as evidenced by the awarding of college credits to the student by the contractor. Semester Three - Tuition $ Semester Four - Tuition $ LESS FINANCIAL AID. LESS FINANCIAL AID.

E.

2.

3.

F.

Tuition refunds shall be made by the CONTRACTOR to the DEPARTMENT in accordance with the CONTRACTOR'S normal, published refund policy. A program completion is defined as occurring when the student: Has earned college credits and if applicable, has been awarded a diploma, certificate or degree in the field of study for which the DEPARTMENT has paid tuition. SUFFOLK COUNTY DEPARTMENT OF LABOR

G.

Approved by:

Approved by: Robert W. Dow, Jr.

Type Name

Type Name Commissioner

Type Title Date: __

Type Title Date:

Addendum Page 2 of 2 DOL – M99 (C2) 2/04

Exhibit C CLASSROOM TRAINING SERVICES CONTRACT ADDENDUM

Contract # 320-6300-4980-63-

-07M

TRAINING PROVIDER:

TRAINING PROGRAM: I. The CONTRACTOR will provide the following, all of which are included in the cost entered in Item II(A) of this addendum: A. The supplies, books, tools, uniforms, and/or equipment which will be retained by the participant upon successful completion of the course; fees for licensing or certification tests necessary for completion of the course; any other items necessary to complete the course. The cost of these items is not included in Item II(D).

B.

A course of instruction consisting of:

Addendum 1 of 2 DOL – M99 (D) 2/04 A5

Exhibit C CLASSROOM TRAINING SERVICES CONTRACT ADDENDUM

CONTRACT #

320-6300-4980-63-

-07M

TRAINING PROGRAM: II. PAYMENT The DEPARTMENT agrees to pay the CONTRACTOR based on the following conditions: A. Effective ________________ maximum tuition cost per student $___________ (mo/day/year) Total number of Training Program hours: ___________ The CONTRACTOR shall complete accurate, certified attendance and achievement records on forms supplied by the DEPARTMENT on a schedule determined by the DEPARTMENT. Upon completion of training, the DEPARTMENT shall pay the CONTRACTOR at the rate of $_______ per training hour per participant. A completion is defined as occurring when a participant:

B. C.

D.

E.

1. 2.

Attends the total training hours (IIB), or Has been awarded a Certificate of Completion.

SUFFOLK COUNTY DEPARTMENT OF LABOR Approved by: Approved by: Robert W. Dow, Jr. Type Name Type Name Commissioner Type Title Date: Type Title Date:

Addendum 2 of 2 DOL – M99 (D) 2/04 A5


				
DOCUMENT INFO