countyDutchess County Legislature
2025118
AUTHORIZING GRANT AGREEMENT WITH NEW YORK STATE BOARD OF ELECTIONS AND AMENDING THE 2025 ADOPTED COUNTY BUDGET AS IT PERTAINS TO THE COUNTY BOARD OF ELECTIONS
- Introduced
- August 25, 2025
- Latest action
- August 25, 2025
- Status
- ADOPTED
- District coverage
- scope: countywide
Document text
Extracted from the official document; OCR may contain errors.
GOVERNMENT SERVICES AND ADMINISTRATION
RESOLUTION NO. 2025118
RE:
AUTHORIZING GRANT AGREEMENT WITH NEW YORK
STATE BOARD OF ELECTIONS AND AMENDING THE 2025
ADOPTED COUNTY BUDGET AS IT PERTAINS TO THE
COUNTY BOARD OF ELECTIONS
Legislators MC HOUL, POLASEK, GORMAN, and VERSACI offer the following and move its adoption:
WHEREAS, the Commissioners of the Board of Elections have advised that the New York State Board of Elections
has awarded the County a grant, New York State Contract Number BOE01-C005076-1110000, in the sum of $84,251.53 as
part of the 2024 General Election Grant Program, this grant shall be used to purchase 7 Dominion Image Cast Evolution
System Voting Machines and 15 Voting Booths, which will be used to replace the end of life Dominion OpScan Machines,
that has been approved by the State Board of Elections, and
WHEREAS, the grant covers the period of April 1, 2024 through March 31, 2025, and
WHEREAS, the funding for this grant will come from the New York Board of Elections in the amount of $84,251.53
and a local match is not required, and
WHEREAS, it is necessary for this Legislature to authorize the execution of the grant agreement and to amend the
2025 Adopted County Budget to accept such funds and provide for the receipt and expenditure of said funds, now therefore,
be it
RESOLVED, that this Legislature hereby authorizes the County Executive or her designee to accept the grant award
from the New York State Board of Elections in connection with the above project and further authorizes and empowers the
County Executive or her designee to execute said grant agreements) on behalf of the County of Dutchess, and be it further
RESOLVED, that the Commissioner of Finance is hereby authorized, empowered and directed to amend the 2025
Adopted County Budget as follows:
APPROPRIATIONS - Increase
A.1450.2500.10
Other Equipment 10 Year
A. 1450.4160
Office Supplies
REVENUES - Increase
A. 1450.30890.26
Other St Aid BOE State Grants
CA-079-25; CRC//mar/rjw; G-0136; 7/16/25; Fiscal Impact: See attached statement
$76,300
$ 7,952
$84,252
$84.252
STATE OF NEW YORK
sS:
APPROVED
Susar Seririo
SUSAN J. SERINO
COUNTY EXECUTIVE
Date 08/14/2025
COUNTY OF DUTCHESS
This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess, have compared the forgoing resolution with the
original resolution now on file in the office of said clerk, and which was adopted by said I cgislature on the 11' day of August 2025, and that the same is a truc
and correct transcript of said original resolution and of the whole thercof.
IN WITNESS WHEREOF, I have hercunto sct my hand and scal of said legislature this 11' day of August 2025.
Rushlaga
FISCAL IMPACT STATEMENT
• NO FISCAL IMPACT PROJECTED
APPROPRIATION RESOLUTIONS
(To be completed by requesting department)
Total Current Year Cost $ 84,252
Total Current Year Revenue $ 84,252
and Source
$84,252 - 2024 General Election Grant Progran
Source of County Funds (check one):
• Existing Appropriations, contingency,
LTransfer of Existing Appropriations, V Additional Appropriations, LJ Other (explain).
Identify Line Items(s):
See attached
Related Expenses:
Nature/Reason:
Amount $
Anticipated Savings to County:
Net County Cost (this year): $0
Over Five Years:
Additional Comments/Explanation:
Unexpected revenue from the 2024 General Election Grant.
Prepared by:
Prepared On:
Dut.pdf
Erik J. Haight
Commissioner
Lisa Jessup
Commissioner
DUTCHESS COUNTY BOARD of ELECTIONS
112 Delafield St., Ste 200, Poughkeepsie, New York 12601
845-486-2473/845-486-2483 fax
www.dutchesselections.com
TO:
CC:
Sue Serino, County Executive
Jess White, Budge Director
FROM:
Erik J. Haight and Lisa Jessup
Election Commissioners
DATE:
June 13, 2025
RE:
Resolution Request
NYS executed a new grant in 2024. Dutchess was allocated $84,251.53 for the 2024 General
Election Grant.
The Board of Elections is requesting the unexpected 2025 revenue from the 2024 General
Election Grant be allocated to 2025 budget line A.1450.2500.10 to purchase 7 Dominion Image
Cast Evolution System Voting Machines and the 2025 budget line A. 1450.4160 to purchase 15
Voting Booths. The machines will be used to replace the end of life Dominion OpScan
Machines. The voting booths are needed to phase out our damaged booths and to complete our
fleet.
Thank you very much for your consideration.
2024 Expensed Funds
2024 Total Expensed Funds
$84,252.00
$84,252.00
A. 1450.30890.26
Revenue Description
Other St Aid BOE State Grants - 2024 General
Election Grant
Revenue Total:
Increase
$ 84,252.00
$ 84,252.00
Grant Allocation Breakdown
2024 General Election Grant - A. 1450.2500.10 - Other Equip (10YR) - $76,300.00
A.1450.4160 - Office Supplies - $7,952.00
The Board of Elections is requesting the unexpected 2025 revenue from the 2024 General Election Grant
be allocated to line A.1450.2500.10 to purchase 7 Dominion Image Cast Evolution System Voting
Machines and line A.1450.4160 to purchase 15 Voting Booths. The machines will be used to replace the
end of life Dominion OpScan Machines. The voting booths are needed to phase out our damaged
booths and to complete our fleet.
BOE - 2024 General Election Grant Program
APPROPRIATIONS
Increase
A. 1450.2500.10
A. 1450.4160
Other Equipment 10 Year
Office Supplies
REVENUES
Increase
A. 1450.30890.26
Other St Aid BOE State Grants
$76,300
$7,952
$84,252
$84,252
$84,252
STATE OF NEW YORK CONTRACT FOR GRANTS FACE PAGE
| STATE AGENCY (Name & Address):
BUSINESS UNIT/DEPT. ID: BOE01/1110000
New York State Board of Elections
40 North Pearl Street, Suite 5
Albany, NY 12207
CONTRACTOR NAME:
Dutchess County Board of Elections
CONTRACT NUMBER: C005076
CONTRACTOR IDENTIFICATION NUMBERS:
NYS Vendor ID Number: 1000002431
Federal Tax ID Number: 14-6002566
CONTRACT TYPE (select one):
• Multi-Year Agreement
L Simplified Renewal Agreement
• Fixed Term Agreement
TRANSACTION TYPE:
V New
] Renewal (list periods):
• Amendment (list periods):
PROJECT NAME:
2024 General Election Grant Program
ASSISTANCE LISTINGS (formerly CFDA)
NUMBER (ALN) (Federally Funded Grants Only):
CONTRACTOR PRIMARY MAILING ADDRESS:
112 Delafield Street Suite 200
Poughkeepsie NY 12601
CONTRACTOR PAYMENT ADDRESS:
I Check if same as primary mailing address
CONTRACTOR STATUS:
1 For Profit
V Municipality
| Tribal Nation
] Individual
Not-for-Profit
Charities Registration Number:
Exemption Status/Code:
• Sectarian Entity
CONTRACT MAILING ADDRESS:
V Check if same as primary mailing address
CONTRACTOR PRIMARY E-MAIL ADDRESS:
C005076
Contract Number: #
Pagelof 2, Contract for Grants - Face Page
January 2024
STATE OF NEW YORK CONTRACT FOR GRANTS FACE PAGE
| CURRENT CONTRACT TERM:
From: 04/01/2024
To:
03/31/2025
CONTRACT FUNDING AMOUNT
(Fixed Term - enter current period amount;
Simplified Renewal - enter cumulative amount
to date; Multi-year - enter total projected
amount of the contract):
AMENDED TERM:
CURRENT: $84,251.53
From:
To:
AMENDED:
FUNDING SOURCE(S)
1 State
] Federal
] Other
ATTACHMENTS INCLUDED AS PART OF THIS AGREEMENT (select all that apply):
Appendix A
Attachment A:
Attachment B:
A-l Agency Specific Terms and Conditions
A-2 Program Specific Terms and Conditions
A-3 Federally Funded Grants and Requirements Mandated
B-1 Expenditure Based Budget
B-2 Performance Based Budget
B-3 Capital Budget
B-4 Net Deficit Budget
B-I(A) Expenditure Based Budget (Amendment)
B-2(A) Performance Based Budget (Amendment)
B-3(A) Capital Budget (Amendment)
B-4(A) Net Deficit Budget (Amendment)
Attachment C: Work Plan
Attachment D: Payment and Reporting
Other:
Contract Number: # C005076
Pageof 2, Contract for Grants - Face Page
January 2024
[IN WITNESS THEREOF, the parties hereto have executed or approved this Master Contract on the dates below
their signatures.
CONTRACTOR:
Dutchess County
STATE AGENCY:
NYS Board of Elections
By:
By:_
Printed Name
Printed Name
Title:
Date:
Title:
Date:
STATE OF NEW YORK
County of
On the day of
_, before me personally appeared_
_ to me
known, who being by me duly sworn, did depose and say that he/she resides at
_ that
described herein which executed the foregoing instrument; and that hershe signed hister name thereto as
_ the contractor
authorized by the contractor named on the face page of this Master Contract.
(Notary)_
ATTORNEY GENERAL'S SIGNATURE
STATE COMPTROLLER'S SIGNATURE
Printed Name
Printed Name
Title:_
Date:
Title:
Date:
Contract Number: # C005076
Page 1 of 1, Master Contract for Grants Signature Page
STATE OF NEW YORK
CONTRACT FOR GRANTS
This State of New York Contract for Grants, including all attachments and appendices (hereinafter referred
to as "Contract" or "Agreement"), is hereby made by and between the State of New York acting by and through the
applicable State Agency (State or Agency) and the public or private entity (Contractor) identified on the face page
hereof (Face Page).
WITNESSETH:
WHEREAS, the State has the authority to regulate and provide funding for the operation of a program or
performance of a service; and desires to contract with a responsive and responsible Contractor possessing the
necessary resources to provide such services or work; and
WHEREAS, the Contractor is ready, willing, and able to provide such services or work and possesses or
can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have
pertormed the services or work, as applicable, required pursuant to and in compliance with the terms of the
Contract, specifications outlined in the grant solicitation, resulting award, and other associated documents
comprising the Agreement.
NOW THEREFORE, in consideration of the promises, responsibilities, and covenants herein, the State
and the Contractor agree to as follows:
STANDARD TERMS AND CONDITIONS
I. GENERAL PROVISIONS
A. Order of Precedence: In the event of a conflict among (i) the terms of the Contract or (i) between the
terms of the Contract and the original request for proposal, solicitation document, the program application
or other documentation that was completed and executed by the Contractor in connection with a grant
award, the order of precedence is as follows:
1. Appendix A - Standard Clauses for New York State Contracts
2. Contract for Grants Standard Terms and Conditions
3. Modifications to the Face Page
4. Modifications to Attachment A-2:Program Specific Terms and Conditions; Attachment A-3:
Federally Funded Grants and Requirements Mandated by Federal Laws (modifications not
required by the Federal government)', Attachment B: Budget, Attachment C: Work Plan, and
Attachment D: Payment and Reporting
5. The Face Page
' For modifications required by the Federal government see Section I(M).
Contract Number: # C005076
Page 1 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
6. Attachment A-2: Program Specific Terms and Conditions, Attachment A-3: Federally Funded
Grants and Requirements Mandated by Federal Laws, Attachment B: Budget, Attachment C:
Work Plan; and Attachment D: Payment and Reporting
7. Modifications to Attachment A-l: Agency Specific Terms and Conditions
8. Attachment A-1: Agency Specific Terms and Conditions
9. Other attachments, including, but not limited to, the request for proposal or program
application, if incorporated by reference on the Face Page
The documents above, collectively, comprise the entire Agreement and govern the program for the
entirety of the term of the Contract and any resulting renewals.
B. Funding: Funding for the term of the Contract shall not exceed the amount specified as "Contract
Funding Amount" on the Face Page or as subsequently revised to reflect an approved renewal or cost
amendment. Funding for the initial and subsequent periods of the Contract shall not exceed the applicable
amounts specified in the applicable Attachment B form (Budget).
C.
Contract Performance: The Contractor shall perform all services or work, as applicable, and comply
with all provisions of the Contract to the satisfaction of the State. The Contractor shall provide services or
work, as applicable, and meet the program objectives summarized in Attachment C (Work Plan) in
accordance with the provisions of the Contract, relevant laws, rules and regulations, administrative, program
and fiscal guidelines, and where applicable, operating certificate for facilities or licenses for an activity or
program.
D. Modifications: Any modifications to this Agreement, including any budgetary changes, must be
mutually agreed to in writing by both parties and be reflected on the Face Page where such terms are
modified. Modifications may be subject to the approval of the AG and OSC in accordance with Appendix
A, Section 3, Comptroller's Approval. A modification that would result in a transfer of funds among program
activities or budget cost categories that does not affect the amount, consideration, scope or other terms of
such Contract may be subject to the approval of the AG and OSC where the amount of such modification
is, as a proportion of the total value of the Contract, equal to or greater than ten percent for contracts of five
million dollars or less, or five percent for contracts of more than five million dollars. Modifications that are
not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the
Contract.
E. Severability: Any provision of the Contract that is held to be invalid, illegal or unenforceable in any
respect by a court of competent jurisdiction, shall be ineffective only to the extent of such invalidity,
illegality or unenforceability, without affecting in any way the remaining provisions hereof; provided,
however, that the parties to the Contract shall attempt in good faith to reform the Contract in a manner
consistent with the intent of any such ineffective provision for the purpose of carrying out such intent. If
any provision is held void, invalid or unenforceable with respect to particular circumstances, it shall
nevertheless remain in full force and effect in all other circumstances.
Interpretation: The headings in the Contract are inserted for convenience and reference only and do
not modify or restrict any of the provisions herein. All personal pronouns used herein shall be considered
gender neutral. The Contract has been made under the laws of the State of New York, and the venue for
Contract Number: # C005076
Page 2 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
resolving any disputes hereunder shall be in a court of competent jurisdiction of the State of New York.
G. Notice: All Notices under this Contract, including termination notices, shall be made in writing and
directed to the representatives identified herein, or their designees and shall be transmitted by: a) certified
or registered United States mail, return receipt requested; b) facsimile transmission; c) personal delivery;
d) expedited delivery service; and/or e) e-mail. Notice shall be deemed to have been given either at the
time of personal delivery or, in the case of expedited delivery service or certified or registered United
States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or
in the case of facsimile transmission or e-mail, upon receipt.
The parties may, on written notice, designate other individuals as their representatives. Such
representatives shall request, oversee, supervise, and accept performance of services provided by the
Contractor and shall receive any required submissions. Whenever an action is to be taken, or approval for
services given by the Agency, such action or approval may be given only by the representatives designated
pursuant to this Section.
H. Indemnification: The Contractor shall be solely responsible and answerable in damages for all
accidents, incidents, and/or injuries to persons (including death) or property arising out of or related to the
services to be rendered by the Contractor or its subcontractors pursuant to this Contract. The Contractor
shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions,
damages, and cost of every nature arising out of the provision of services pursuant to the Contract.
I. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the
State Agency, or against any county or other local government entity with funds provided under the
Contract. The term "litigation" shall include commencing or threatening to commence a lawsuit, joining,
or threatening to join as a party to ongoing litigation, or requesting any relief from the State of New
York, the State Agency, or any county, or other local government entity. The term "regulatory action"
shall include commencing or threatening to commence a regulatory proceeding or requesting any
regulatory relief from the State of New York, the State Agency, or any county, or other local government
entity.
J. Partisan Political Activity and Lobbying: Funds provided pursuant to the Contract shall not be
used for any partisan political activity, or for activities that attempt to influence legislation or election or
defeat of any candidate for public office.
K. Reporting Fraud and Abuse: Contractor acknowledges that it has reviewed information on how to
prevent, detect, and report fraud, waste, and abuse of public funds, including information about the Federal
False Claims Act, the New York State False Claims Act, and whistleblower protections and will comply
with requirements therein.
L. Reporting Risks to Performance: If any specific event, conjunction of circumstances, or any
occurrence involving the staff, volunteers, directors, officers, subcontractors, or program participants of
the Contractor threatens the successful completion of this project, in whole or in part, the Contractor agrees
to notify the State Agency within three (3) calendar days of becoming aware of the occurrence describing
the occurrence and the risk it poses to performance under the Contract. The Contractor's notice shall
include a written description of the event and a recommended solution. Such events may include, but not
be limited to, death or serious injury, an arrest or possible criminal activity.
M. Federally Funded Grants and Requirements Mandated by Federal Laws: All the Specific Federal
Contract Number: # C005076
Page 3 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
requirements that are applicable to the Contract are identified in Attachment A-3 (Federally Funded Grants
and Requirements Mandated by Federal Laws), attached hereto. To the extent that the Contract is funded,
in whole or part, with Federal funds or mandated by Federal laws: (i) the provisions of the Contract that
conflict with Federal rules, Federal regulations, or Federal program specific requirements shall not apply
and (ii) to the extent that the modifications to Attachment A-3 are required by Federal requirements and
conflict with other provisions of the Contract, the modifications to Attachment A-3 shall supersede all other
provisions of this Contract; and (iii) the Contractor agrees to comply with all applicable Federal rules,
regulations and program specific requirements including, but not limited to, those provisions that are set
forth in Attachment A-3 (Federally Funded Grants and Requirements Mandated by Federal Laws), attached
hereto.
N. Renewal:
1. General Renewal: The Contract may consist of successive periods on the same terms and
conditions, as specified within the Contract (a "Simplified Renewal Contract"). Each additional or
superseding period shall be on the forms specified by the State and shall be incorporated in the
Contract.
2. Renewal Notice to Not-for-Profit Contractors: The Contract, as specified herein, may consist of
successive periods on the same terms and condition referred to as a "Simplified Renewal Contract."
Each additional or superseding period shall be on the forms specified by the State and shall be
incorporated into the Contract. Pursuant to State Finance Law §179-t, if the Contract is with a not-
for-profit Contractor and provides for a renewal option, the State shall notify the Contractor of the
State's intent to renew or not to renew the Contract no later than ninety (90) calendar days prior to
the end of the term of the Contract, unless funding for the renewal is contingent upon enactment of
an appropriation, than thirty (30) calendar days after the appropriation becomes law, whichever is
later. Notwithstanding the foregoing, in the event the State is unable to comply with the time frames
set forth in this paragraph due to unusual circumstances beyond the control of the State ("Unusual
Circumstances"), no payment of interest shall be due to the Contractor. For purposes of State
Finance Law §179-t, "Unusual Circumstances" shall not mean the failure by the State to (i) plan for
implementation of a program, (ii) assign sufficient staff resources to implement a program, (iii)
establish a schedule for the implementation of a program or (iv) anticipate any other reasonably
foreseeable circumstance. Notification to the Contractor of the State's intent to not renew the
Contract must be in writing in the form of a letter, with the reason(s) for the non-renewal included.
If the State does not provide notice to the Contractor of its intent not to renew the Contract as
required in this Section and State Finance Law $179-t, the Contract shall be deemed continued until
the date the State provides the necessary notice to the Contractor, in accordance with State Finance
Law §179-t. Expenses incurred by the not-for-profit Contractor during such extension shall be
reimbursable under the terms of the Contract.
Il. TERMINATION AND SUSPENSION
A. Termination:
1. Grounds:
a) Mutual Consent: The Contract may be terminaied at any time upon mutual written consent of
the State and the Contractor.
Contract Number: # C005076
Page 4 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
b) Cause: The State may terminate the Contract immediately, upon written notice of termination to
the Contractor, if the Contractor fails to comply with any of the terms and conditions of the Contract
and/or any applicable laws, rules, regulations, policies, or procedures. If the termination for cause
results from unsatisfactory performance by the Contractor, the value of the work performed by the
Contractor prior to termination shall be established by the State.
c) Non-Responsibility: Upon written notice to the Contractor, and a reasonable opportunity to be
heard by the appropriate State officials or staff, this Contract may be terminated by the State at the
Contractor's expense where the Contractor is determined by the State to be non-responsible. In such
event, the State may complete contractual requirements in any manner it deems advisable and pursue
available legal or equitable remedies for breach.
d) Convenience: The State may terminate the Contract in its sole discretion upon thirty (30)
calendar days prior written notice.
e) Lack of Funds: If for any reason the State or the Federal government terminates or reduces its
appropriation to the applicable State Agency or entity entering into the Contract or fails to pay the
full amount of the allocation for the operation of one or more programs funded under this
Contract, the Contract may be terminated or reduced at the State Agency's discretion. No
reduction or termination shall apply to allowable costs already incurred by the Contractor
whereby funds are available to the State Agency for payment of such costs. Upon termination or
reduction of the Contract, all remaining funds paid to the Contractor that are not subject to
allowable costs already incurred by the Contractor shall be returned to the State Agency. In any
event, no liability shall be incurred by the State (including the State Agency) beyond monies
available for the purposes of the Contract. The Contractor acknowledges that any funds due to the
State Agency or the State of New York because of disallowed expenditures after audit shall be the
Contractor's responsibility.
f) Force Majeure: Performance under the Contract may be terminated or suspended by the State
immediately upon the occurrence of a "force majeure" event. For purposes of the Contract,
"Force majeure" shall include, but not be limited to, natural disasters, war, rebellion, declared
pandemics, insurrection, riot, strikes, lockout, and any unforeseen circumstances and acts beyond
the control of the parties which render the performance of contractual obligations impossible.
2. Effect of Notice and Termination on State's Payment Obligations:
Upon receipt of notice of termination provided pursuant to the notice requirements prescribed in this
Agreement, the Contractor shall stop work immediately and complete only those specific assignments
and/or obligations, if any, subsequently approved by the State. In the event of termination other than
for cause, the Contractor shall be entitled to compensation for services performed through the date of
termination that are accepted by the State, and for any subsequent services that are accepted by the
State, rendered in connection with any successor consultants and contractors, including transfer of
records, briefing and any other services deemed necessary or desirable by the State. The Contractor
agrees to cooperate to the fullest respect with any successor consultants and contractors.
3. Effect of Termination Based on Misuse or Conversion of State or Federal Property:
Where the Contract is terminated for cause based on Contractor's failure to use some or all of the real
property or equipment purchased pursuant to the Contract for the purposes set forth herein, the State
Contract Number: # C005076
Page 5 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
may, at its option, require: a) repayment to the State of any monies previously paid to the Contractor;
b) return of any real property or equipment purchased under the terms of the Contract; or c) an
appropriate combination of clauses (a) and (b) herein.
Nothing herein shall be intended to limit the State's ability to pursue such other legal or equitable
remedies as may be available.
4. Suspension:
The State may, in its discretion, order the Contractor to suspend performance for a reasonable period
of time. In the event of such suspension, the Contractor shall be given formal written notice outlining
the specific details of such suspension. Upon issuance of such notice, the Contractor shall comply
with the particulars of the notice. The State shall have no obligation to reimburse Contractor's
expenses during such suspension period. Activities may resume at such time as the State issues a
formal written notice authorizing a resumption of performance under the Contract.
III. ADDITIONAL OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
A. Contractor as an Independent Contractor/Employees:
1. The State and the Contractor agree that the Contractor is an independent contractor, and not an
employee of the State and may neither hold itself out nor claim to be an officer, employee, or
subdivision of the State nor make any claim, demand, or application to or for any right based upon
any different status. Notwithstanding the foregoing, the State and the Contractor agree that if the
Contractor is a New York State municipality, the Contractor shall be permitted to hold itself out, and
claim, to be a subdivision of the State.
The Contractor shall be solely responsible for the recruitment, hiring, provision of employment
benefits, payment of salaries and management of its project personnel. These functions shall be
carried out in accordance with the provisions of the Contract, and all applicable Federal and State
laws and regulations.
2. The Contractor warrants that it, its staff, and any and all subcontractors have all the necessary
licenses, approvals, and certifications currently required by the laws of any applicable local, state, or
Federal government to perform the services or work, as applicable, pursuant to the Contract and/or
any subcontract entered into under the Contract. The Contractor further agrees that such required
licenses, approvals, and certificates shall be kept in full force and effect during the term of the
Contract, or any extension thereof, and to secure any new licenses, approvals, or certificates within
the required time frames and/or to require its staff and subcontractors to obtain the requisite licenses,
approvals, or certificates. In the event the Contractor, its staff, and/or subcontractors are notified of a
denial or revocation of any license, approval, or certification to perform the services or work, as
applicable, under the Contract, Contractor shall immediately notify the State.
B. Subcontractors:
1. If the Contractor enters into subcontracts for the performance of work pursuant to the Contract, the
Contractor shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the
subcontract shall impair the rights of the State under the Contract. No contractual relationship shall be
deemed to exist between the subcontractor and the State.
Contract Number: # C005076
Page 6 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
2. If requested by the State, the Contractor agrees not to enter into any subcontracts, or revisions to
subcontracts, that are in excess of $100,000 for the performance of the obligations contained herein
until it has received the prior written permission of the State, which shall have the right to review and
approve each and every subcontract in excess of $100,000 prior to giving written permission to the
Contractor to enter into the subcontract. All agreements between the Contractor and subcontractors
shall be by written contract, signed by individuals authorized to bind the parties. All such
subcontracts shall contain provisions for specifying (1) that the work performed by the subcontractor
must be in accordance with the terms of the Contract, (2) that nothing contained in the subcontract
shall impair the rights of the State under the Contract, and (3) that nothing contained in the
subcontract, nor under the Contract, shall be deemed to create any contractual relationship between
the subcontractor and the State. In addition, subcontracts shall contain any other provisions which are
required to be included in subcontracts pursuant to the terms herein.
3. If requested by the State, the Contractor agrees to require the subcontractor to provide to the State
the information the State needs to determine whether a proposed subcontractor is a responsible
vendor.
4. When a subcontract equals or exceeds $100,000, the subcontractor shall submit a Vendor
Responsibility Questionnaire (Questionnaire).
5. If requested by the State, upon the execution of a subcontract, the Contractor shall provide
detailed subcontract information (a copy of subcontract will suffice) to the State within fifteen (15)
calendar days after execution. The State may request from the Contractor copies of subcontracts
between a subcontractor and its subcontractor.
6. The Contractor shall require any and all subcontractors to submit to the Contractor all financial
claims for Services or work to the State agency, as applicable, rendered and required supporting
documentation and reports as necessary to permit Contractor to meet claim deadlines and
documentation requirements as established in Attachment D (Payment and Reporting).
Subcontractors shall be paid by the Contractor on a timely basis after submitting the required reports
and vouchers for reimbursement of services or work, as applicable. Subcontractors shall be informed
by the Contractor of the possibility of non-payment or rejection by the Contractor of claims that do
not contain the required information, and/or are not received by the Contractor by said due date.
C. Use of Material, Equipment, Or Personnel:
1. The Contractor shall not use materials, equipment, or personnel paid for under the Contract for
any activity other than those provided for under the Contract, except with the State's prior written
permission.
2. Any interest accrued on funds paid to the Contractor by the State shall be deemed to be the
property of the State and shall either be credited to the State at the close-out of the Contract or, upon
the written permission of the State, shall be expended on additional services or work, as applicable,
provided for under the Contract.
D. Property:
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Page 7 of 13 Contract for Grants - Standard Terms and Conditions
1. For the purposes of the Contract, "Property" is defined as real property, equipment, or tangible
January 2024
personal property having a useful life of more than one year and an acquisition cost of $1,000 or more
per unit. For Federally funded contracts, if there is any conflict in the definition of "Property" the
federal awarding Agency definitions will apply.
a) If an item of Property required by the Contractor is available as surplus to the State, the State
at its sole discretion, may arrange to provide such Property to the Contractor in lieu of the
purchase of such Property. Such Property shall be returned to the State at the Contractor's cost
and expense upon the expiration of the Contract unless the State consents in writing to the
Contractor retaining possession of the Property to use for similar purposes.
b) In addition, the Contractor agrees to permit the State to inspect the Property and to monitor its
use at reasonable intervals during the Contractor's regular business hours.
c) The Contractor shall be responsible for maintaining and repairing Property purchased or
procured under the Contract at its own cost and expense. The Contractor shall procure and maintain
insurance at its own cost and expense in an amount satisfactory to the State Agency, naming the
State Agency as an additional insured, covering the loss, theft, or destruction of such equipment.
The Contractor may not charge rental or use fees under this Contract for use or acquisition of
Property to carry out its obligations under the Contract.
d) The State has the right to review and approve in writing any new contract for the purchase of
or lease for rental of Property (Purchase/Lease Contract) operated in connection with the
provision of the services or work as specified in the Contract, if applicable, and any modifications,
amendments, or extensions of an existing lease or purchase prior to its execution. If, in its
discretion, the State disapproves of any Purchase/Lease Contract, then the State shall not be
obligated to make any payments for such Property.
e) No member, officer, director, or employee of the Contractor shall retain or acquire any
interest, direct or indirect, in any Property, paid for with funds under the Contract, nor retain any
interest, direct or indirect, in such, without full and complete prior disclosure of such interest and
the date of acquisition thereof, in writing to the Contractor and the State.
2. For non-Federally funded contracts, unless otherwise provided herein, the State shall have the
following rights to Property purchased with funds provided under the Contract:
a) For cost-reimbursable contracts, all right, title and interest in Property with a remaining useful
life shall belong to the State unless otherwise agreed to, in writing, by the State and the
Contractor. However, upon agreement by the State, title shall pass to Contractor upon the end ot
the Property's useful life (as the phrase "useful life" is defined in Internal Revenue Code § 1.169-
2).
b) For performance-based contracts, all right, title and interest in such Property shall belong to
the Contractor.
3. For Federally funded contracts, title to Property whose requisition cost is borne in whole or in part
by monies provided under the Contract shall be governed by the terms and conditions of Attachment
A-3 (Federally Funded Grants and Requirements Mandated by Federal Laws).
4. The Contractor shall maintain an inventory of all Property that is owned by the State and obtained
Contract Number: # C005076
Page 8 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
by the Contractor under this Agreement.
5. The Contractor shall execute any documents which the State may reasonably require to effectuate
the provisions of this section.
E. Records and Audits:
1. General:
a) The Contractor shall establish and maintain, in paper or electronic format, complete and accurate
books, records, documents, receipts, accounts, and other evidence directly pertinent to its
performance under the Contract (collectively, Records).
b) The Contractor agrees to produce and retain for the balance of the term of the Contract, and for a
period of six years from the later of the date of (i) the Contract and (il) the most recent renewal
of the Contract, any and all Records necessary to substantiate upon audit, the proper deposit and
expenditure of funds received under the Contract. Such Records may include, but not be limited
to, original books of entry (e.g., cash disbursements and cash receipts journal), and the following
specific records (as applicable) to substantiate the types of expenditures noted:
(i) personal service expenditures: cancelled checks and the related bank statements, time
and attendance records, payroll journals, cash and check disbursement records
including copies of money orders and the like, vouchers and invoices, records of
contract labor, any and all records listing payroll and the money value of non-cash
advantages provided to employees, time cards, work schedules and logs, employee
personal history folders, detailed and general ledgers, sales records, miscellaneous
reports and returns (tax and otherwise), and cost allocation plans, if applicable.
(ii) payroll taxes and fringe benefits: cancelled checks, copies of related bank statements,
cash and check disbursement records including copies of money orders and the like,
invoices for fringe benefit expenses, miscellaneous reports and returns (tax and
otherwise), and cost allocation plans, if applicable.
(iii) non-personal services expenditures: original invoices/receipts, cancelled checks and
related bank statements, consultant agreements, leases, and cost allocation plans, if
applicable.
(iv) receipt and deposit of advance and reimbursements: itemized bank stamped deposit
slips, and a copy of the related bank statements.
c) The OSC, AG and any other person or entity authorized to conduct an examination, as well as
the State Agency or State Agencies involved in the Contract that provided funding, shall have
access to the Records during the hours of 9:00 a.m. until 5:00 p.m., Monday through Friday
(excluding State recognized holidays), at an office of the Contractor within the State of New
York or, if no such office is available, at a mutually agreeable and reasonable venue within the
State, for the term specified above for the purposes of inspection, auditing and copying.
d) The State shall protect from public disclosure any of the Records which are exempt from
disclosure under Section 87 of the Public Officers Law provided that: (i) the Contractor shall
Contract Number: # C005076
Page 9 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
timely inform an appropriate State official, in writing, that said records should not be disclosed;
and (ii) said records shall be sufficiently identified; and (iii) designation of said records, as
exempt under Section 87 of the Public Officers Law, is reasonable.
e) Nothing contained herein shall diminish, or in any way adversely affect, the State's rights in
connection with its audit and investigatory authority or the State's rights in connection with
discovery in any pending or future litigation.
F. Confidentiality:
1. Contractor agrees that it will not use confidential, personally identifiable information relating to
individuals who may receive services, or proprietary information disclosed to Contractor in connection
with the services or work ("Confidential Information" for any purpose other than in connection with
the services or work and in compliance with all applicable provisions of State and federal law. The
Contractor is fully responsible for its staff, its subcontractors), and any subcontractor's staff with
regard to Confidential Information and shall ensure that they meet all obligations with respect to
maintaining the confidentiality and security of any information deemed confidential.
2. Information which falls into any of the following categories shall not be considered Confidential
Information: a) information that is previously rightfully known to the Contractor without restriction on
disclosure; b) information that becomes, from no breach of the Contract on the part of the Contractor,
generally known in the relevant industry, or is otherwise publicly available; and c) information that is
independently developed by Contractor without use of the Confidential Information.
3. Except as specifically permitted in this Agreement, Contractor shall not, at any time, in any fashion,
form or manner, divulge, disclose, communicate, or use, any Confidential Information other than in
connection with the services or as otherwise provided herein.
4. Contractor may disclose Confidential Information if such information is required to be disclosed
by Contractor by any law, rule, regulation, judicial or administrative process or applicable
professional standards, provided that, to the extent permitted by applicable law or regulation, the
Contractor notifies the State prior to any such required disclosure.
5. Contractor agrees that, as between the Parties, all Confidential Information in its possession
obtained in connection with the services or work hereunder is at all times the sole property of the State.
6. Where allowable by law and agreed to by the State, Contractor may retain one copy of the
Confidential Information and any summaries, analyses, notes, or extracts prepared by Contractor which
are based on or contain portions of the Confidential Information evidencing its services or work for the
State as required by law, regulation, professional standards, or reasonable business practice.
7. In protecting the Confidential Information, Contractor shall exercise the same standard of care used
by Contractor to protect its own confidential and proprietary information, to prevent the disclosure of
Confidential Information to any third party. Contractor shall not use Confidential Information for any
purpose other than in furtherance of its services or work for the State.
G. Publicity:
1. Publicity regarding the work, services, performance, and/or project governed by this Agreement
Contract Number: # C005076
Page 10 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
may not be released without prior written approval from the State. For the purposes of this
Agreement, "Publicity" includes, but is not limited to: news conferences; news releases; public
announcements; advertising; brochures; reports; discussions or presentations at conferences or
meetings; and/or the inclusion of State materials, the State's name, or other such references to the
State in any document or forum.
2. Any Publicity, publications, presentations or announcements of conferences, meetings or trainings
which are funded in whole or in part through any activity supported under the Contract may not be
published, presented or announced without prior written approval of the State. Any such publication,
presentation or announcement shall:
a) Acknowledge the support of the State of New York and, if funded with Federal funds, the
applicable Federal funding agency; and
b) State that the opinions, results, findings and/or interpretations of data contained therein are the
responsibility of the Contractor and do not necessarily represent the opinions, interpretations, or
policy of the State or if funded with Federal funds, the State and the applicable Federal funding
agency.
3. Notwithstanding the above, (i) if the Contractor is an educational research institution, the
Contractor may, for scholarly or academic purposes, use, present, discuss, report or publish any
material, data or analyses, other than Confidential Information, that derives from activity under the
Contract and the Contractor agrees to use best efforts to provide copies of any manuscripts arising
from Contractor's performance under this Contract, or if requested by the State, the Contractor shall
provide the State with a thirty (30) calendar day period in which to review each manuscript for
compliance with Confidential Information requirements prior to publication; or (ii) if the Contractor
is not an educational research institution, the Contractor may submit for publication, scholarly or
academic publications that derive from activity under the Contract (but are not deliverable under the
Contract), provided that the Contractor first submits such manuscripts to the State forty-five (45)
calendar days prior to submission for consideration by a publisher in order for the State to review the
manuscript for compliance with confidentiality requirements and restrictions and to make such other
comments as the State deems appropriate. All derivative publications shall follow the same
acknowledgments and disclaimer as described in Section III(F)(2) (Publicity) hereof.
H. Web-Based Applications-Accessibility:
Any network-based information and applications development, or programming delivered to or by the
State pursuant to this Contract or procurement, will comply with Section 508 of the Rehabilitation
Act of 1973, as amended, and be consistent with New York State Enterprise IT Policy NYS-P08-005,
Accessibility of Information Communication Technology, as such policy may be amended, modified,
or superseded (the "Accessibility Policy"). The Accessibility Policy requires that State Entity
Information Communication Technology shall be accessible to persons with disabilities as determined
by accessibility compliance testing. Such accessibility compliance testing will be conducted by (State
Entity name, contractor or other) and any report on the results of such testing must be satisfactory to
(State Entity name).
1. Unemployment Insurance Compliance:
The Contractor shall remain current in both its quarterly reporting and payment of contributions or
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Page 11 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
payments in lieu of contributions, as applicable, to the State Unemployment Insurance system as a
condition of maintaining this grant.
1. The Contractor hereby authorizes the State Department of Labor to disclose to the State Agency
staff only such information as is necessary to determine the Contractor's compliance with the State
Unemployment Insurance Law. This includes, but is not limited to, the following: a) any records of
unemployment insurance (UI) contributions, interest, and/or penalty payment arrears or reporting
delinquency; b) any debts owed for Ul contributions, interest, and/or penalties; c) the history and
results of any audit or investigation; and d) copies of wage reporting information.
2. Such disclosures are protected under Section 537 of the State Labor Law, which makes it a
misdemeanor for the recipient of such information to use or disclose the information for any
purpose other than the performing due diligence as a part of the approval process for the Contract.
J. Charities Registration:
If applicable, the Contractor agrees to (i) obtain not-for-profit status, a Federal identification number,
and a charitable registration number (or a declaration of exemption) and to furnish the State Agency
with this information as soon as it is available, (ii) be in compliance with the OAG charities
registration requirements at the time of the awarding of this Contract by the State and (il) remain in
compliance with the OAG charities registration requirements throughout the term of the Contract.
K. Vendor Responsibility:
The Contractor hereby acknowledges that the State Vendor Responsibility Questionnaire
(Questionnaire) and certification are made part of this Contract and that any misrepresentation of fact
in the Questionnaire and attachments, or in any Contractor responsibility information that may be
requested by the State, may result in termination of this Contract.
The Contractor shall at all times during the contract term remain responsible. During the term of this
Contract, any changes in the provided Questionnaire shall be disclosed to the State Agency, in writing,
in a timely manner. Failure to make such disclosure may result in a determination of non-
responsibility and termination of this Contract. Furthermore, the Contractor agrees, if requested by the
State, it must present evidence of its continuing legal authority to do business in New York State, its
integrity, experience, ability, prior performance, and organizational and financial capacity.
The State, in its sole discretion, reserves the right to make a final determination of non-responsibility at
any time during the term of the Contract, based on any information provided in the Questionnaire
and/or any updates, clarifications, or amendments thereof; and/or when it discovers information that
calls into question the responsibility of the Contractor. Prior to making a final determination of non-
responsibility, the State shall provide written notice to the Contractor that it has made a preliminary
determination of non-responsibility. The State shall detail the reason(s) for the preliminary
determination, and shall provide the Contractor with an opportunity to be heard.
The State reserves the right to suspend any or all activities under this Contract, upon discovery of such
information warranting review of responsibility. In the event of such suspension, the Contractor will be
given written notice outlining the particulars of such suspension. Upon issuance of such notice, the
Contractor must comply with the terms of the suspension order. Contract activity may resume at such
time as the State issues a written notice authorizing a resumption of performance under this Contract.
Contract Number: # C005076
Page 12 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
L. Workers' Compensation Benefits:
1. In accordance with Section 142 of the State Finance Law, the Contract shall be void and of no force
and effect unless the Contractor shall provide and maintain coverage during the life of the Contract for
the benefit of such employees as are required to be covered by the provisions of the Workers'
Compensation Law.
2. If a Contractor believes they are exempt from the Workers Compensation insurance requirement
they must apply for an exemption.
Contract Number: # C005076
Page 13 of 13 Contract for Grants - Standard Terms and Conditions
January 2024
APPENDIX A
STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS
PLEASE RETAIN THIS DOCUMENT
FOR FUTURE REFERENCE.
June 2023
STANDARD CLAUSES FOR NYS CONTRACTS
APPENDIXA
TABLE OF CONTENTS
2.
6.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Executory Clause
Non-Assignment Clause
Comptroller's Approval
Workers' Compensation Benefits
Non-Discrimination Requirements
Wage and Hours Provisions
Non-Collusive Bidding Certification
International Boycott Prohibition
Set-Off Rights
Records
Identifying Information and Privacy Notification
Equal Employment Opportunities For Minorities and Women
Conflicting Terms
Governing Law
Late Payment
No Arbitration
Service of Process
Prohibition on Purchase of Tropical Hardwoods
MacBride Fair Employment Principles
Omnibus Procurement Act of 1992
Reciprocity and Sanctions Provisions
Compliance with Breach Notification and Data Security Laws
Compliance with Consultant Disclosure Law
Procurement Lobbying
Certification of Registration to Collect Sales and Compensating Use Tax by Certain
State Contractors, Affiliates and Subcontractors
Iran Divestment Act
Admissibility of Contract
Page
3
3
3
3
3
3-4
4
4
4
4
4
5
5
5
5
5
5
5-6
6
6
6
6
6
7
7
7
Page 2
June 2023
STANDARD CLAUSES FOR NYS CONTRACTS
STANDARD CLAUSES FOR NYS CONTRACTS
The parties to the attached contract, license, lease, amendment
or other agreement of any kind (hereinafter, "the contract"
"this contract") agree to be bound by the following clauses
which are hereby made a part of the contract (the word
"Contractor" herein refers to any party other than the State,
whether a contractor, licenser, licensee, lessor, lessee or any
other party):
1. EXECUTORY CLAUSE. In accordance with Section 41
of the State Finance Law, the State shall have no liability under
this contract to the Contractor or to anyone else beyond funds
appropriated and available for this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with
Section 138 of the State Finance Law, this contract may not be
assigned by the Contractor or its right, title or interest therein
assigned, transferred, conveyed, sublet or otherwise disposed of
without the State's previous written consent, and attempts to do
so are null and void. Notwithstanding the foregoing, such prior
written consent of an assignment of a contract let pursuant to
Article XI of the State Finance Law may be waived at the
discretion of the contracting agency and with the concurrence
of the State Comptroller where the original contract was subject
to the State Comptroller's approval, where the assignment is
due to a reorganization, merger or consolidation of the
Contractor's business entity or enterprise. The State retains its
right to approve an assignment
and to require that any
Contractor demonstrate its responsibility to do business with
the State. The Contractor may, however, assign its right to
receive payments without the State's prior written consent
unless this contract concerns Certificates of Participation
pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with
Section 112 of the State Finance Law, if this contract exceeds
$50,000 (or $75,000 for State University of New York or City
University of New York contracts for goods, services,
construction and printing, and $150,000 for State University
Health Care Facilities) or if this is an amendment for any
amount to a contract which, as so amended, exceeds said
statutory amount, or if, by this contract, the State agrees to give
something other than money when the value or reasonably
estimated value of such consideration exceeds $25,000, it shall
not be valid, effective or binding upon the State until it has been
approved by the State Comptroller and filed in his office.
Comptroller's approval of contracts let by the Office of General
Services, either for itself or its customer agencies by the Office
of General Services Business Services Center, is required when
such contracts exceed $85,000. Comptroller's approval of
contracts established as centralized contracts through the Office
of General Services is required when such contracts exceed
$125,000, and when a purchase order or other procurement
transaction issued under such centralized contract exceeds
$200,000.
Page 3
APPENDIXA
WORKERS' COMPENSATION BENEFITS. In
accordance with Section 142 of the State Finance Law, this
contract shall be void and of no force and effect unless the
Contractor shall provide and maintain coverage during the life
of this contract for the benefit of such employees as are required
to be covered by the provisions of the Workers' Compensation
Law.
5. NON-DISCRIMINATION REQUIREMENTS. To the
extent required by Article 15 of the Executive Law (also known
as the Human Rights Law) and all other State and Federal
statutory and constitutional non-discrimination provisions, the
Contractor will not discriminate against any employee or
applicant for employment, nor subject any individual to
harassment, because of age, race, creed, color, national origin,
citizenship or immigration status, sexual orientation, gender
or expression, military status, sex, disability,
predisposing genetic characteristics, tamilial status, marital
status, or domestic violence victim status or because the
individual has opposed any practices forbidden under the
Human Rights Law or has filed a complaint, testified, or
assisted in any proceeding under the Human Rights Law.
Furthermore, in accordance with Section 220-e of the Labor
Law, if this is a contract for the construction, alteration or repair
of any public building or public work or for the manufacture,
sale or distribution of materials, equipment or supplies, and to
the extent that this contract shall be performed within the State
of New York, Contractor agrees that neither it nor its
subcontractors shall, by reason of race, creed, color, disability,
sex, or national origin: (a) discriminate in hiring against any
New York State citizen who is qualified and available to
perform the work; or (b) discriminate against or intimidate any
employee hired for the performance of work under this contract.
If this is a building service contract as defined in Section 230 of
the Labor Law, then, in accordance with Section 239 thereof,
Contractor agrees that neither it nor its subcontractors shall by
reason of race, creed, color, national origin, age, sex or
disability: (a) discriminate in hiring against any New York
State citizen who is qualified and available to pertorm the work;
or (b) discriminate against or intimidate any employee hired for
the performance of work under this contract. Contractor is
subject to fines of $50.00 per person per day for any violation
of Section 220-e or Section 239 as well as possible termination
of this contract and forfeiture of all moneys due hereunder for
a second or subsequent violation.
6. WAGE AND HOURS PROVISIONS. If this is a public
work contract covered by Article 8 of the Labor Law or a
building service contract covered by Article 9 thereof, neither
Contractor's employees nor the employees of its subcontractors
may be required or permitted to work more than the number of
hours or days stated in said statutes, except as otherwise
provided in the Labor Law and as set forth in prevailing wage
supplement schedules issued by the State Labor
Department. Furthermore, Contractor and its subcontractors
must pay at least the prevailing wage rate and pay or provide
the prevailing supplements, including the premium rates for
overtime pay, as determined by the State Labor Department in
June 2023
STANDARD CLAUSES FOR HYS CONTRACTS
accordance with the Labor Law. Additionally, effective April
28, 2008, if this is a public work contract covered by Article 8
of the Labor Law, the Contractor understands and agrees that
the filing of payrolls in a manner consistent with Subdivision 3-
a of Section 220 of the Labor Law shall be a condition precedent
to payment by the State of any State approved sums due and
owing for work done upon the project.
7. NON-COLLUSIVE BIDDING CERTIFICATION. In
accordance with Section 139-d of the State Finance Law, if this
contract was awarded based upon the submission of bids,
Contractor affirms, under penalty of perjury, that its bid was
arrived at independently and without collusion aimed
at
restricting competition. Contractor further affirms that, at the
time Contractor submitted its bid, an authorized and responsible
person executed and delivered to the State a non-collusive
bidding certification on Contractor's behalf.
8. INTERNATIONAL BOYCOTT PROHIBITION. In
accordance with Section 220-f of the Labor Law and Section
139-h of the State Finance Law, if this contract exceeds $5,000,
the Contractor agrees, as a material condition of the contract,
that neither the Contractor nor any substantially owned or
affiliated person, firm, partnership or corporation has
participated, is participating, or shall participate in an
international boycott in violation of the federal Export
Administration Act of 1979 (50 USC App. Sections 2401 et
seq.) or regulations thereunder. If such Contractor, or any of
the aforesaid affiliates of Contractor, is convicted or is
otherwise found to have violated said laws or regulations upon
the final determination of the United States Commerce
Department or any other appropriate agency of the United
States subsequent to the contract's execution, such contract,
amendment or modification thereto shall be rendered forfeit and
void. The Contractor shall so notify the State Comptroller
within five (5) business days of such conviction, determination
or disposition of appeal (2 NYCRR § 105.4).
9. SET-OFF RIGHTS. The State shall have all of its common
law, equitable and statutory rights of set-off. These rights shall
include, but not be limited to, the State's option to withhold for
the purposes of set-off any moneys due to the Contractor under
this contract up to any amounts due and owing to the State with
regard to this contract, any other contract with any State
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 State for any other reason including,
without limitation, tax delinquencies, fee delinquencies or
monetary penalties relative thereto. The State shall exercise its
set-off rights in accordance with normal State practices
including, in cases of set-off pursuant to an audit, the
finalization of such audit by the State agency, its
representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain
complete and accurate books, records, documents, accounts and
other evidence directly pertinent to performance under this
contract (hereinafter, collectively, the "Records"). The Records
Page 4
APPENDIA
must be kept for the balance of the calendar year in which they
were made and for six (6) additional years thereafter. The State
Comptroller, the Attorney General and any other person or
authorized to conduct an examination, as well as the
agency or agencies involved in this contract, shall have access
to the Records during normal business hours at an office of the
Contractor within the State of New York or, if no such office is
available, at a mutually agreeable and reasonable venue within
the State, for the term specified above for the purposes of
inspection, auditing and
reasonable steps to protect from public disclosure any of the
Records which are exempt from disclosure under Section 87 of
the Public Officers Law (the "Statute") provided that: (i) the
Contractor shall timely inform an appropriate State official, in
writing, that said records should not be disclosed; and (ii) said
records shall be sufficiently identified; and (iii) designation of
said records as exempt under the Statute is reasonable. Nothing
contained herein shall diminish, or in any way adversely affect,
the State's right to discovery in any pending or future litigation.
11._IDENTIFYING INFORMATION AND PRIVACY
NOTIFICATION. (a) Identification Numbers). Every
invoice or New York State Claim for Payment submitted to a
New York State agency by a payee, for payment for the sale of
goods or services or for transactions (e.g., leases, easements,
licenses, etc.) related to real or personal property must include
the payee's identification number. The number is any or all of
the following: (i) the payee's Federal employer identification
number, (ii) the payee's Federal social security number, and/or
(iii) the payee's Vendor Identification Number assigned by the
Statewide Financial System. Failure to include such number or
numbers may delay payment. Where the payee does not have
such number or numbers, the payee, on its invoice or Claim for
Payment, must give the reason or reasons why the payee does
not have such number or numbers.
(b) Privacy Notification. (1) The authority to request the above
personal information from a seller of goods or services or a
lessor of real or personal property, and the authority to maintain
such information, is found in Section 5 of the State Tax Law.
Disclosure of this information by the seller or lessor to the State
is mandatory. The principal purpose for which the information
is collected is to enable the State to identify individuals,
businesses and others who have been delinquent in filing tax
returns or may have understated their tax liabilities and to
generally identify persons affected by the taxes administered by
the Commissioner of Taxation and Finance. The information
will be used for tax administration purposes and for any other
purpose authorized by law. (2) The personal information is
requested by the purchasing unit of the agency contracting to
purchase the goods or services or lease the real or personal
property covered by this contract or lease. The information is
maintained in the Statewide Financial System by the Vendor
Management Unit within the Bureau of State Expenditures,
Office of the State Comptroller, 110 State Street, Albany, New
York 12236.
June 2023
STANDARD CLAUSES FOR NYS CONTRACTS
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR
MINORITIES AND WOMEN. In accordance with Section
312 of the Executive Law and 5 NYCRR Part 143, if this
contract is: (i) a written agreement or
purchase order
instrument, providing for a total expenditure in excess of
$25,000.00, whereby a contracting agency is committed to
expend or does expend funds in return for labor, services,
supplies, equipment, materials or any combination of the
foregoing, to be performed for, or rendered or furnished to the
contracting agency; or (il) a written agreement in excess of
$100,000.00 whereby a contracting agency is committed to
expend or does expend funds for the acquisition, construction,
demolition, replacement, major repair or renovation of real
property and improvements thereon; or (ili) a written agreement
in excess of $100,000.00 whereby the owner of a State assisted
housing project is committed to expend or does expend funds
for the acquisition, construction, demolition, replacement,
major repair or renovation of real property and improvements
thereon for such project, then the following shall apply and by
signing this agreement the Contractor certifies and affirms that
it is Contractor's equal employment opportunity policy that:
(a) The Contractor will not discriminate against employees or
applicants for employment because of race, creed, color,
national origin, sex, age, disability or marital status, shall make
and document its conscientious and active efforts to employ and
utilize minority group members and women in its work force
on State contracts and will undertake or continue existing
programs of affirmative action to ensure that minority group
members and women are afforded equal employment
opportunities without discrimination. Affirmative action shall
mean recruitment, employment, job assignment, promotion,
upgradings, demotion, transfer, layoff, or termination and rates
of pay or other forms of compensation;
(b) at the request of the contracting agency, the Contractor shall
request each employment agency, labor union, or authorized
representative of workers with which it has a collective
bargaining or other agreement or understanding, to furnish a
written statement that such employment agency, labor union or
representative will not discriminate on the basis of race, creed,
color, national origin, sex, age, disability or marital status and
that such union or representative will affirmatively cooperate in
the implementation of the Contractor's obligations herein; and
(c)
the Contractor shall
in all solicitations
advertisements for employees, that, in the performance of the
State contract, all qualified applicants will be afforded equal
employment opportunities without discrimination because of
race, creed, color, national origin, sex, age, disability or marital
status.
Contractor will include the provisions of "(a), (b) and (c)"
above,
in every subcontract over $25,000.00 for the
construction,
demolition,
replacement,
major repair,
renovation,
planning or design of real property and
improvements thereon (the "Work") except where the Work is
for the beneficial use of the Contractor. Section 312 does not
Page 5
APPENEDIA
apply to: (i) work, goods or services unrelated to this contract;
or (ii) employment outside New York State. The State shall
consider compliance by a contractor or subcontractor with the
requirements of any federal law concerning equal employment
opportunity which effectuates the purpose of this clause. The
contracting agency shall determine whether the imposition of
the requirements of the provisions hereof duplicate or conflict
with any such federal law and if such duplication or conflict
exists, the contracting agency shall waive the applicability of
Section 312 to the extent of such duplication or conflict.
Contractor will comply with all duly promulgated and lawful
rules and
regulations of the Department
of Economic
Development's Division of Minority and Women's Business
Development pertaining hereto.
13. CONFLICTING TERMS. In the event of a conflict
between the terms of the contract (including any and all
attachments thereto and amendments thereof and the terms of
this Appendix A, the terms of this Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by
the laws of the State of New York except where the Federal
supremacy clause requires otherwise.
15. LATE PAYMENT. Timeliness of payment and any
interest to be paid to Contractor for late payment shall be
governed by Article 11-A of the State Finance Law to the extent
required by law.
16. NO ARBITRATION. Disputes involving this contract,
including the breach or alleged breach thereof, may not be
submitted to binding arbitration (except where statutorily
authorized), but must, instead, be heard in a court of competent
jurisdiction of the State of New York.
17. SERVICE OF PROCESS. In addition to the methods of
service allowed by the State Civil Practice Law & Rules
("CPLR"), Contractor hereby consents to service of process
upon it by registered or certified mail, return receipt requested.
Service hereunder shall be complete upon Contractor's actual
receipt of process or upon the State's receipt of the return
thereof by the United States Postal Service as refused or
undeliverable. Contractor must promptly notify the State, in
writing, of each and every change of address to which service
of process can be made. Service by the State to the last known
address shall be sufficient. Contractor will have thirty (30)
calendar days after service hereunder is complete in which to
respond.
18. PROHIBITION ON PURCHASE OF TROPICAL
HARDWOODS. The Contractor certifies and warrants that all
wood products to be used under this contract award will be in
accordance with, but not limited to, the specifications and
provisions of Section 165 of the State Finance Law, (Use of
Tropical Hardwoods) which prohibits purchase and use of
tropical hardwoods, unless specifically exempted, by the State
or any governmental agency or political subdivision or public
benefit corporation. Qualification for an exemption under this
June 2023
STANDARD CLAUSES FOR NYS CONTRACTS
law will be the responsibility of the contractor to establish to
meet with the approval of the State.
In addition, when any portion of this contract involving the use
of woods, whether supply or installation, is to be performed by
any subcontractor, the prime Contractor will indicate and
certify in the submitted bid proposal that the subcontractor has
been informed and is in compliance with specifications and
provisions regarding use of tropical hardwoods as detailed in
§ 165 State Finance Law. Any such use must meet with the
approval of the State; otherwise, the bid may not be considered
responsive. Under bidder certifications, proof of qualification
for exemption will be the responsibility of the Contractor to
meet with the approval of the State.
19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In
accordance with the MacBride Fair Employment Principles
(Chapter 807 of the Laws of 1992), the Contractor hereby
stipulates that the Contractor either (a) has no business
operations in Northern Ireland, or (b) shall take lawful steps in
good faith to conduct any business operations in Northern
Ireland in accordance with the MacBride Fair Employment
Principles (as described in Section 165 of the New York State
Finance Law), and shall permit independent monitoring of
compliance with such principles.
20. OMNIBUS PROCUREMENT ACT OF 1992. It is the
policy of New York State to maximize opportunities for the
participation of New York State business enterprises, including
minority- and women-owned business enterprises as bidders,
subcontractors and suppliers on its procurement contracts.
Information on the
availability of New York State
subcontractors and suppliers is available from:
NYS Department of Economic Development
Division for Small Business and Technology Development
625 Broadway
Albany, New York 12245
Telephone: 518-292-5100
A directory of certified minority- and women-owned business
enterprises is available from:
NYS Department of Economic Development
Division of Minority and Women's Business Development
633 Third Avenue 33rd Floor
New York, NY 10017
646-846-7364
email: [email protected]
https://ny.newnycontracts.com/FrontEnd/searchcertifieddir
ectory asp
The Omnibus Procurement Act of 1992 (Chapter 844 of the
Laws of 1992, codified in State Finance Law § 139-i and Public
Authorities Law § 2879(3)(n)-(p)) requires that by signing this
bid proposal or contract, as applicable, Contractors certify that
whenever the total bid amount is greater than $1 million:
Page 6
APPENDIXA
(a) The Contractor has made reasonable efforts to encourage
the participation of New York State Business Enterprises as
suppliers and subcontractors, including certified minority- and
women-owned business enterprises, on this project, and has
retained the documentation of these efforts to be provided upon
request to the State;
(b) The Contractor has complied with the Federal Equal
Opportunity Act of 1972 (P.L. 92-261), as amended;
(c) The Contractor agrees to make reasonable efforts to provide
notification to New York State residents of employment
opportunities on this project through listing any such positions
the Job Service Division of the New York State
Department of Labor, or providing such notification in such
manner as is consistent with existing collective bargaining
contracts or agreements. The Contractor agrees to document
these efforts and to provide said documentation to the State
upon request; and
(d) The Contractor acknowledges notice that the State may seek
to obtain offset credits from foreign countries as a result of this
contract and agrees to cooperate with the State in these efforts.
21. RECIPROCITY AND SANCTIONS PROVISIONS.
Bidders are hereby notified that if their principal place of
business is located in a country, nation, province, state or
political subdivision that penalizes New York State vendors,
and if the goods or services they offer will be substantially
produced or performed outside New York State, the Omnibus
Procurement Act 1994 and 2000 amendments (Chapter 684 and
Chapter 383, respectively, codified in State Finance Law
§ 165(6) and Public Authorities Law § 2879(5)) require that
they be denied contracts which they would otherwise obtain.
NOTE: As of May 2023, the list of discriminatory jurisdictions
subject to this provision includes the states of South Carolina,
Alaska, West Virginia, Wyoming, Louisiana and Hawaii.
22. COMPLIANCE WITH BREACH NOTIFICATION
AND DATA SECURITY LAWS. Contractor shall comply
with the provisions of the New York State Information Security
Breach and Notification Act (General Business Law §§ 899-aa
and 899-bb and State Technology Law § 208).
23.
COMPLIANCE
WITH
CONSULTANT
DISCLOSURE LAW. If this is a contract for consulting
services, defined for purposes of this requirement to include
analysis, evaluation, research, training, data processing,
computer programming, engineering, environmental, health,
and mental health services, accounting, auditing, paralegal,
legal or similar services, then, in accordance with Section 163
(4)(g) of the State Finance Law (as amended by Chapter 10 of
the Laws of 2006), the Contractor shall timely, accurately and
properly comply with the requirement to submit an annual
employment report for the contract to the agency that awarded
the contract, the Department of Civil Service and the State
Comptroller.
June 2023
STANDARD CLAUSES FOR NYS CONTRACTS
APPENDIXA
24. PROCUREMENT LOBBYING. To the extent this
agreement is a "procurement contract" as defined by State
Finance Law §§ 139-j and 139-K, by signing this agreement the
contractor certifies and affirms that all disclosures made in
accordance with State Finance Law §§ 139-j and 139-k are
complete, true and accurate. In the event such certification is
found to be intentionally false or intentionally incomplete, the
The state agency reserves the right to reject any bid, request for
assignment, renewal or extension for an entity that appears on
the Prohibited Entities List prior to the award, assignment,
or extension of a contract, and to
responsibility review with respect to any entity that is awarded
a contract and appears on the Prohibited Entities list after
contract award.
27.
ADMISSIBILITY OF
REPRODUCTION OF
CONTRACT. Notwithstanding the best evidence rule or any
other legal principle or rule of evidence to the contrary, the
Contractor acknowledges and agrees that it waives any and all
objections to the admissibility into evidence at any court
proceeding or to the use at any examination before trial of an
electronic reproduction of this contract, in the form approved
by the State Comptroller, if such approval was required,
regardless of whether the original of said contract is in
the agreement.
CERTIFICATION OF REGISTRATION TO
COLLECT SALES AND COMPENSATING USE TAX BY
CERTAIN STATE CONTRACTORS, AFFILIATES AND
SUBCONTRACTORS.
To the extent this agreement is a contract as defined by Tax Law
§ S-a, if the contractor fails to make the certification required
by Tax Law § 5-a or if during the term of the contract, the
Department of Taxation and Finance or the covered agency, as
unded by Tax law. S-a, discovers that the certification, me de
inder penalty of perjury,
false certification shall be a material breach of this contract and
this contract
may be terminated, by providing
notification to the Contractor in accordance with the terms of
the agreement, if the covered agency determines that such
action is in the best interest of the State.
26. IRAN DIVESTMENT ACT. By entering into this
Agreement, Contractor certifies in accordance with State
Finance Law § 165-a that it is not on the "Entities Determined
to be Non-Responsive Bidders/Offerers pursuant to the New
York State Iran Divestment Act of 2012" (Prohibited Entities
List") posted at: https://ogs.ny.gov/iran-divestment-act-2012
Contractor further certifies that it will not utilize on this
Contract any subcontractor that is identified on the Prohibited
Entities List. Contractor agrees that should it seek to renew or
extend this Contract, it must provide the same certification at
the time the Contract is renewed or extended. Contractor also
agrees that any proposed Assignee of this Contract will be
required to certify that it is not on the Prohibited Entities List
before the contract assignment will be approved by the State.
During the term of the Contract, should the state agency receive
information that a person (as defined in State Finance Law
§ 165-a) is in violation of the above-referenced certifications,
the state agency will review such information and offer the
person an opportunity to respond. If the person fails to
demonstrate that it has ceased its engagement in the investment
activity which is in violation of the Act within 90 days after the
determination of such violation, then the state agency shall take
such action as may be appropriate and provided for by law, rule,
or contract, including, but not limited to, imposing sanctions,
seeking compliance, recovering damages, or declaring the
Contractor in default.
Page 7
June 2023
ATTACHMENT D
PAYMENT AND REPORTING
A. General Terms and Conditions:
1. In full consideration of contract performance, the State Agency agrees to pay, and the Contractor
agrees to accept a sum not to exceed the amount noted on the Face Page.
2. The State has no obligation to make payment until all required approvals, including the approval of
obligations 05C, reared are obtained and the centratic sly note Coursed.
3. Article 11-B of the State Finance Law sets forth certain time frames for the Full Execution of
contracts or renewal contracts with not-for-profit organizations and the implementation of any
program plan associated with such contract. For purposes of this section, "Full Execution" shall
mean that the contract has been signed by all parties thereto and has obtained the approval of the
AG and OSC. Any interest to be paid on a missed payment to the Contractor based on a delay in
the Full Execution of the Contract shall be governed by Article 11-B of the State Finance
Law.
4. Contractor must provide complete and accurate billing invoices to the State in order to receive
payment. However, the State may, in its discretion, automatically generate a voucher in accordance with
an approved contract payment schedule. The State may require the Contractor to submit billing invoices
electronically.
5. The Contractor shall submit documentation to support its claims for payment pursuant to this
Contract. All supporting documentation must be completed and provided in a manner satisfactory and
acceptable to the State Agency in order for the Contractor to be eligible for payment.
6. Payment for invoices submitted by the Contractor shall be rendered electronically in accordance
with OSC's procedures and practices governing electronic payment unless payment by paper check is
expressly authorized by the head of the State Agency, in his or her sole discretion after the Contractor
establishes extenuating circumstances requiring payment by paper check.
7. If travel expenses are an approved expenditure under the Contract, travel expenses shall be
reimbursed at the lesser of the rates set forth in the written standard travel policy of the Contractor, the
OSC guidelines, or United States General Services Administration rates. No out-of-state travel costs
shall be permitted unless specifically detailed and pre-approved by the State.
8. The State reserves the right to withhold up to fifteen percent (15%) of the total amount of the
Contract as security for the faithful completion of services or work, as applicable, under the Contract.
This amount may be withheld in whole or in part from any single payment or combination of payments
otherwise due under the Contract. In the event that such withheld funds are insufficient to satisfy
Contractor's obligations to the State, the State may pursue all available remedies, including the right of
setoff and recoupment.
Contract Number: # C005076
Page 1 of 5, Attachment D- Payment and Reporting
January 2024
9. All vouchers must be submitted by the Contractor no later than thirty (30) calendar days after the end
date of the period for which reimbursement is claimed. In no event shall the amount received by the
Contractor exceed the budget amount approved by the State Agency, and, if actual expenditures by the
Contractor are less than such sum, the amount payable by the State Agency to the Contractor shall not
exceed the amount of actual expenditures.
10. All obligations must be incurred prior to the end date of the contract. The final claim of the contract
term shall be submitted to the State Agency up to ninety (90) calendar days after the contract end date to
make final expenditures if this contract is State Funded. However, if this contract is funded, in whole or
in part, with Federal funds, the Contractor shall have up to sixty (60) calendar days after the contract end
date to make expenditures and submit the claim to the State Agency.
11. The State shall not be liable for payments on the Contract if it is made pursuant to a Community
Projects Fund appropriation if insufficient monies are available pursuant to Section 99-d of the State
Finance Law.
12. The Contractor may be required to submit a Consolidated Fiscal Reporting System ("CFR"). The CFR
is a standardized electronic reporting method accepted by State agencies, consisting of schedules which,
in different combinations, capture financial information for budgets, quarterly and/or mid-year claims, an
annual cost report, and a final claim. The CFR, which must be submitted annually, is both a year-end cost
report and a year-end claiming document. For New York City contractors, the due date shall be May 1 of
each year; for Upstate and Long Island contractors, the due date shall be November 1 of each year.
B. Advance Payments and Claiming Requirements:
1. Advance payments, which the State in its sole discretion may make to not-for-profit grant recipients,
shall be made and recouped in accordance with State Finance Law Section 179-u for both multiyear and
renewal contracts and the provisions of this contract. Federally funded contract advances will be made
as set forth by the Federal grant award requirements and applicable Federal regulations and this contract.
2. For simplified renewals, the payment schedule will be modified as part of the renewal process. For
subsequent contract years in multi-year contracts, Contractor will be notified of the scheduled advance
payments for the upcoming contract year no later than 90 days prior to the commencement of the contract
3. Recoupment of any advance payments) shall be recovered by crediting the percentage of subsequent
claims and such claims shall be reduced until the advance is fully recovered within the Contract Term.
Any unexpended advance balance at the end of the Contract Term shall be refunded by the Contractor to
the State.
4. All Claim Submissions including Advance Payments, Initial Payments, and Reimbursements shall
be made in accordance with the State Agency approved Schedule A: Claiming Requirements below.
Contract Number: # C005076
Page 2 of 5, Attachment D - Payment and Reporting
January 2024
Period: 4/1/2024-3/31/2025
Claim Number
Claim Type
Schedule A: Claiming Requirements
Reimbursement
Reimbursement
Reimbursement
Reimbursement
Claim Period
4/1/2024-6/30/2024
7/1/2024-9/30/2024
10/1/2024-12/31/2024
1/1/2025-3/31/2025
Due Date
7/30/2024
10/30/2024
1/30/2025
4/30/2025
5. Milestone/Performance Reimbursement is based upon the Contractor satisfactorily meeting specified
and meaningful events or milestones in performance of duties under this Contract. Requests for such
payments be severable or cumulative. A severable event/milestone is independent of accomplishment of
any other event. If the event is cumulative, the successful completion of an event or milestone is dependent on
the previous completion of another event.
• For non-performance based contracts, the Contractor's costs must be allocated pursuant to a
plan that meets the requirements of the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR Part 200. Methods
used to determine and assign costs shall conform to generally accepted accounting practices
and shall be consistent with the method(s) used by the Contractor to determine costs for other
operations or programs. Such accounting standards and practices shall be subject to approval of
the State.
• For performance-based milestone contracts, or for the portion of the contract amount paid on a
performance basis, the Contractor shall maintain documentation demonstrating that milestones
were attained.
6. Fee for Service Reimbursement is based upon a rate established by the Contractor for a service or
services rendered. Payment shall be limited to only those fees specifically agreed upon in the Contract and
shall be payable in accordance with the State Agency approved Schedule A: Claiming Requirements.
7. Rate Based Reimbursement is based upon an established rate per unit at defined intervals to be paid to
the Contractor in accordance with the State Agency approved Schedule A: Claiming Requirements.
Payment shall be limited to rate(s) established in the Contract and may be requested no more frequently
than monthly.
Contract Number: # C005076
Page 3 of 5, Attachment D - Payment and Reporting
January 2024
8. Fifth Quarter Payments occur when there are scheduled payments and an expectation that services will be
continued through renewals or subsequent contracts. Fifth quarter payment shall be paid to the
Contractor at the conclusion of the final scheduled payment period of the preceding contract period. The
State Agency shall generate a voucher in the fourth quarter of the current contract year to pay the scheduled
payment for the next contract year.
9. If the Expenditure Based Budget is used in Attachment B-1 and the Expenditure Report is selected
below, the Contractor shall submit, not later than the time period listed in the State Agency approved
Schedule A: Claiming Requirements above, a detailed expenditure report, by object of expense. This
report shall accompany the voucher submitted for such period.
Expenditure Report Required
C. Refunds:
1. In the event that the Contractor must refund the State for Contract-related activities, including
repayment of an advance or an audit disallowance, the refund must be made payable as set forth by the
State Agency, must reference the contract number with its payment, and include a brief explanation of
why the refund is being made.
2. If at the end or termination of the Contract there remains any unexpended balance of the monies
advanced under the Contract in the possession of the Contractor, the Contractor shall make payment
within forty-five (45) calendar days of the end or termination of the Contract. In the event that the
Contractor fails to refund such balance the State may pursue all available remedies.
D. Progress Reporting Requirements:
If the State Agency determines that Work Plan Based Reporting is required to summarize the progress
made on the performance measures established in the Contract, such reporting shall be made online as
directed by the State Agency.
If Work Plan Based Reporting is not required, the Contractor shall comply with the following applicable
provisions and the Contractor shall provide the State Agency with one or more of the following reports as
required by the State Agency:
1. Narrative/Qualitative Report: The Contractor shall submit no later than the time period identified in
Schedule B: Progress Reporting Requirements, below, a report, in narrative form, summarizing the
services rendered during the quarter. This report shall detail how the Contractor has progressed toward
attaining the qualitative goals enumerated in the Work Plan. This report should address all goals and
objectives of the project and include a discussion of problems encountered and steps taken to solve them.
2. Statistical/Quantitative Report: The Contractor shall submit, on a quarterly basis, no later than the
time period listed in Schedule B: Progress Reporting Requirements, below, a detailed report analyzing
the quantitative aspects of the program plan, as appropriate (e.g., number of meals served, clients
transported, patient/client encounters, procedures performed, training sessions conducted, etc.).
3. Final Report: The Contractor shall submit a final report as required by the Contract, not later than
the time period listed in Schedule B: Progress Reporting Requirements, below, which reports on all
aspects of the program and detailing how the use of funds were utilized in achieving the goals set forth
in Attachment C (Work Plan).
Contract Number: # C005076
Page 4 of 5, Attachment D - Payment and Reporting
January 2024
4. Consolidated Fiscal Report: The Contractor shall submit a consolidated fiscal report, which includes
a year-end cost report and final claim not later than the time period listed in Schedule B: Progress
Reporting Requirements below.
Schedule B: Progress Reporting Requirements
Progress Report
Period 1: N/A
Report Type
Report Period
Due Date
E. Special Payment and Reporting Provisions
Contract Number: # C005076
Page 5 of 5, Attachment D - Payment and Reporting
January 2024
Government Services and Administration Roll Call
District
District 7 - Hyde Park and Pleasant Valley
Name
District 25 - Amenia, Washington, Pleasant Valley & Millbrook
District 3 - LaGrange
District 16 - Fishkill and Beacon
District 9 - City of Poughkeepsie
District 6 - Town of Poughkeepsie
District 14 - Wappinger and Town of Poughkeepsie
District 17 - Town and Village of Fishkill
District 18 - City of Beacon and Fishkill
District 20 - Red Hook, Tivoli, and Rhinebeck
District 21 - East Fishkill
Present:
Absent:
Vacant:
10
2
District 24 - Dover and Pawling
Resolution:
Motion:
Yes
No
Truitt*
Houston*
Polasek*
Valdés Smith*
Atkins*
Kaul
Versaci
McHoul (C)
Page
Absent
Munn
Caswell
House (VC)
Total:
absent
Yes
No
Abstentions:
2025118 AUTHORIZING GRANT AGREEMENT WITH NEW YORK STATE
BOARD OF ELECTIONS AND AMENDING THE 2025 ADOPTED COUNTY
BUDGET AS IT PERTAINS TO THE COUNTY BOARD OF ELECTIONS
AUGUST 11, 2025
Roll Call Sheets
District
Last Name
YES
NO
District 7 - Hyde Park and Pleasant Valley
District 25 - Amenia, Washington, Pleasant Valley & Millbrook
District 3 - LaGrange
District 16 - Fishkill and Beacon
District 9 - City of Poughkeepsie
District 1 - Town of Poughkeepsie
District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie
District 4 - Hyde Park and Town of Poughkeepsie
District 5 - Town of Poughkeepsie
District 6 - Town of Poughkeepsie
District 8 - City and Town of Poughkeepsie
District 10 - City of Poughkeepsie
District 11 - Clinton, Pleasant Valley, and Rhinebeck
District 12 - East Fishkill
District 13 - East Fishkill and Wappinger
District 14 - Wappinger and Town of Poughkeepsie
District 15 - Wappinger
District 17 - Town and Village of Fishkill
District 18 - City of Beacon and Fishkill
District 19 - North East, Stanford, Pine Plains, Milan & Red Hook
District 20 - Red Hook, Tivoli, and Rhinebeck
District 21 - East Fishkill
District 22 - Beekman and Union Vale
District 23 - Pawling, Beekman and East Fishkill
District 24 - Dover and Pawling
Present:
Absent:
Vacant:
5
Motion:
Truitt
Houston
Polasek
Valdés Smith
Atkins
Gorman
Travelpiece
Lawler
D'Aquanni
Kaul
Brendli
Johnson
Kearney
Metzger
Paoloni
Versaci
Faust
McHoul
Page
Drago
Munn
Caswell
Garito
Rolison
House
Total :
absent
Absent
absent
absent
Absent
20
Yes
No
Abstentions: _
2025118 AUTHORIZING GRANT AGREEMENT WITH NEW YORK STATE
BOARD OF ELECTIONS AND AMENDING THE 2025 ADOPTED COUNTY
BUDGET AS IT PERTAINS TO THE COUNTY BOARD OF ELECTIONS
AUGUST 11, 2025