Pay to Play Forms w Memo.pdf

(Rev. 05/18)

COUNTY OF ORANGE / Department of General Services

255-275 MAIN STREET, PO BOX 218

STEVEN M. NEUHAUS GOSHEN, NEW YORK 10924

County Executive TEL: (845) 291-2792

FAX: (845) 360-7206

TO: Potential Contractors with Orange County, NY

FROM: Renee Arnold-O’Regan, Commissioner of General Services

DATE: July 29, 2024 (orig. date: January 1, 2023)

RE: Orange County, New York’s Pay-to-Play Law.

Thank you for your interest in contracting with Orange County, NY.

Please know that Orange County has enacted Local Law No. 13 of 2013, as amended, and known as “Pay-to- Play”, which prohibits the making of certain contracts with entities or persons which have made campaign contributions on or after January 1, 2014 above a certain level to County Legislators, the County Executive, the Sheriff, the District Attorney, or the County Clerk, if that contract must be approved or voted on by such individual.

Exemptions from the Pay-to-Play law:

1. Contracts that do not fall under the definition of contracts under the Law (e.g. licenses).

2. Contracts with a political subdivision of the state of New York, school districts or state or federal governments.

3. Contracts which are issued as:

a. Project Labor Agreements;

b. Contracts required to be awarded to the lowest bidder under New York State law;

c. Early Intervention and/or Pre-School Special Education contracts required to be entered into pursuant to New York State law;

d. Contracts between parents/legal guardians/or their designees and the County for transporting children to an Early Intervention and/or Pre-School Special Education provider;

e. Procurements authorized by General Municipal Law §103(3) (purchase through another New

York state county's contract);

f. Procurements authorized by General Municipal Law §104 (purchases through the New York

State Office of General Services);

g. Procurements authorized by General Municipal Law §103(16) (piggyback contracts through other governmental entities);

h. Contracts awarded to Preferred Sources as authorized by State Finance Law §162;

i. Sole Source or Single Source provider contracts;

j. Contracts awarded to a contractor of another unit of government, which is passing through funds of that other unit of government or acting on behalf of the other unit of government; or

k. Emergency Contracts.

4. Any campaign donation made prior to January 1, 2014.

(Rev. 05/18)

For those contracts Pay-to-Play applies to, prior to awarding a contract, the law requires the County to run various names associated with your "Professional Business Entity" (as defined in Section 2(d) of the law), through a campaign donor database to confirm that campaign contributions from the Professional Business Entity were not in excess of those permitted by Pay-to-Play. To accomplish this, you will need to supply particular information to the County relative to your Professional Business Entity.

Please return FORM A with your quote/bid/proposal/qualifications/application/etc.. This is the form which discloses information about your Professional Business Entity. Please know that if a disqualifying campaign contribution was made, that can be cured by requesting, and receiving, a return of the excess contribution within thirty (30) days of the date of the request.

If you are awarded a contract, please sign and return with your signed contract, FORM B – a Campaign Contribution Statement.

Should you desire a copy of the Pay-to-Play Local Law, please call the Department of General Services at

(845) 291-2792 or visit https://www.orangecountygov.com/DocumentCenter/View/4421/Pay-to-Play-Law-PDF https://www.orangecountygov.com/DocumentCenter/View/4421/Pay-to-Play-Law-PDF

(Rev. 06/17) FORM A - PAGE 1

FORM A

TO BE RETURNED WITH QUOTE/PROPOSAL/QUALIFICATIONS/APPLICATION/ETC.

The Orange County Pay-to-Play Law applies to Professional Business Entities who contract with Orange County, except:

1. Contracts that do not fall under the definition of contracts under the Law (e.g. licenses).

2. Contracts with a political subdivision of the state of New York, school districts or state or federal governments.

3. Contracts which are issued as:

a. Project Labor Agreements;

b. Contracts required to be awarded to the lowest bidder under New York State law;

c. Early Intervention and/or Pre-School Special Education contracts required to be entered into pursuant to New York State law;

d. Contracts between parents/legal guardians/or their designees and the County for transporting children to an Early Intervention and/or Pre-School Special Education provider;

e. Procurements authorized by General Municipal Law §103(3) (purchase through another New

York state county's contract);

f. Procurements authorized by General Municipal Law §104 (purchases through the New York

State Office of General Services);

g. Procurements authorized by General Municipal Law §103(16) (piggyback contracts through other governmental entities);

h. Contracts awarded to Preferred Sources as authorized by State Finance Law §162;

i. Sole Source or Single Source provider contracts;

j. Contracts awarded to a contractor of another unit of government, which is passing through funds of that other unit of government or acting on behalf of the other unit of government; or

k. Emergency Contracts.

4. Any campaign donation made prior to January 1, 2014.

The definition of Professional Business Entity under the law is: “an individual, person, firm, corporation, professional corporation, partnership, organization, union, or association in the rendering of any work contracted through the County. The definition of a Professional Business Entity includes all principals who own 10% or more of the equity in the corporation or business trust, partners, officers in the aggregate, as well as any subsidiaries directly controlled by the Professional Business Entity. The term Professional Business Entity does not include a political subdivision of the state of New York (i.e., municipalities), school districts, state and/or federal governments.”

(Rev. 06/17) FORM A - PAGE 2

Please provide the following information AS APPLICABLE to your Professional Business Entity.

Please attach additional pages as necessary and note the attachment in the response below:

1. The name and business address of your Professional Business Entity (if your business is a partnership, limited liability partnership or joint venture, please list all partners and Entity names and addresses):

2. If your entity is a Corporation or Business Trust, list the names and addresses of owners of 10% or more of the equity:

3. If your Entity is a Corporation, Professional Corporation, Limited Liability Company or Business Trust, list all officers' names and addresses (include for each Entity in a joint venture):

4. The name(s) and address(es) of any subsidiary directly controlled by your Professional Business Entity are:

Signature Date

Print Name Title

(Rev. 06/17) FORM B - PAGE 1

FORM B - CAMPAIGN CONTRIBUTIONS STATEMENT

MUST BE SUBMITTED PRIOR TO EXECUTION OF A CONTRACT BY THE COUNTY.

This sworn (or affirmed) statement is made under penalty of perjury.

__________________________________________________ being duly sworn, deposes and says:

(Print Signatory's Name)

1. I am making this affidavit as part of the contractual obligation between the Professional Business Entity (as defined by Section 2(d) of the Orange County, New York “Pay-to-Play” local law) identified below, and the County of Orange New York ("County").

2. I acknowledge that I am signing this affidavit on behalf of the Professional Business Entity identified below.

3. I understand that this is an affidavit sworn to under penalty of perjury and, if false, may lead to criminal and/or civil action against me and/or the Professional Business Entity.

4. I am familiar with the County's Orange County, New York Pay-to-Play Local Law (the "Law"), which has been made available to me.

5. With the except of campaign contributions made prior to January 1, 2014, the Professional Business Entity identified herein has not knowingly made a campaign contribution in violation of the Law during the four (4) years preceding the date of execution of this statement, and has not made or solicited contributions through intermediaries, third parties, or immediate relatives for the purposes of concealing the source of the contribution during that same four (4) year period.

6. I am duly authorized to certify, under penalty of perjury, on behalf of the Professional Business Entity that the Professional Business Entity:

(i) has not knowingly made a contribution in violation of the Law during the four (4) years preceding the date of this certification (excluding contributions made prior to January 1, 2014 per the exemption in Section 4 of the Law); and,

(ii) has not made or solicited contributions through intermediaries, third parties, or immediate relatives for the purpose of concealing the source of the contribution during that same four (4) year time period (excluding contributions made prior to January 1, 2014 per the exemption in Section 4 of the Law).

7. I understand that any Professional Business Entity that submits a false Contribution Statement to the County will have its contract with the County declared null and void and will be disqualified from being awarded any contract with the County for a period of four (4) years from the date of filing of the false sworn Contributions Statement and the matter shall be referred to the District Attorney for prosecution.

8. I acknowledge and agree, on behalf of the Professional Business Entity submitting this Form, that the Professional Business Entity has a continuing duty to report any violation of the Law that may occur during the solicitation process, negotiation, or duration of a contract.

(Rev. 06/17) FORM B - PAGE 2

9. I understand that any Professional Business Entity which violates Section 3 of the Law shall be in material breach of the terms of the contract, that the contract may be terminated, and the County Attorney shall seek damages against the Professional Business Entity as provided for in the contract.

10. I understand that any Professional Business Entity who violates Section 3 of the Law shall be disqualified from eligibility for submission of proposals, bids, quotes or applications for future contracts for a period of four (4) calendar years from the date of such violation.

11. By executing this certification, the Professional Business Entity agrees that, per Section 10 of the Law, the "regulatory and penalty provisions" of the Law are incorporated by reference into its contract with the County.

Print Name of Professional Business Entity

Signature Date

Print Name Title

STATE OF _____________________________

SS:

COUNTY OF ___________________________

The undersigned issued an oath or affirmation to the above signed wherein the above signed solemnly swore that the contents of this affidavit subscribed by such person are true and correct or alternatively that such person solemnly, sincerely and truly declared and affirmed that the statements made by the above signed are true and correct.

Notary Public My Commission Expires

Date