HomeMy WebLinkAboutSC Office for the Aging - AAA Transportation Program RESOLUTION 2019-774
pp 3
90 �
ADOPTED DOC ID: 15538
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-774 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 10, 2019:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the
Suffolk County Office for the Aging for the Town to receive funding under the AAA
Transportation Program, IFMS No. 00000010323 - 001-6806-4980-95294, not to exceed
$9,018.00 for the period April 1, 2019 through March 31, 2020 (with one extension at the
County's option), subject to the approval of the Town Attorney.
� - ,aii• r
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
1
a
:T%Ev4,v No. 20—AG—(35,5 IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Contract
This Contract("the Contract") is between the County of Suffolk("the County"), a municipal corporation
of the State of New York, acting through its duly constituted Office for the Aging ("the Department"), located at
100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099; and
Town of Southold ("the Contractor"), a New York municipal corporation, having an address at 53095
Main Road, P.O. Box 1179, Southold, New York 11971.
The Contractor has been designated to receive funds from the County for a AAA Transportation Program
("the Services") as set forth in Article I, entitled "Description of Services."
Term of the Contract: April 1,2019 through March 31,2020;with an option,to be exercised at the County's
discretion,to September 30,2020 on the same terms and conditions herein.
Service Levels: 1,200 Units of Transportation Service
110 Elderly Served
Total Cost of the Contract: Shall not exceed$9,018.00,to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through VI,attached hereto and made a part hereof.
In Witness Whereof, he parties hereto have executed the Contract s of the latest date written below.
Town of Southold County of Su 1
By:
Scott A. ussell By:
Supervisor
Fed. TaxpIa IDs# 11-6001939 Dennis M. Cohen
Date 11 Chief Deputy Coutrty utive
SC_U� � • Q SS�lJ� Date
U
hereby
certifies under penalties of perjury that I an officer of Approved:
ow tl 04 p J p _ Department
that I have read and I am familiar w�ithC1§A5-8 of By: A
Article V of the Suffolk County Code, nd that Holly S. des-Teague
Director, Off ce or the Aging
So(la-P�J g 1 Z
meets all requirements to qualify for exemption Date
thereunder. f
Named Date i�ll�4 Recom d:
Sc_.cw-1 g , ��S
By:
Approved as to Form: Michelle Belsky
Dennis M. Brown Date
Food Se is Sup ery or
� '�
Suffolk Co r y_
By:
Nira ' G. Sagapuram
Assistant County Atto y
Date 0 y / 0055844
1 of 38 pages
A
,aavv No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Last of Articles
Article I
Description of Services
1, Conflicting Provisions
Article II
Definitions
1. Meanings of Terms
2. Elements of Interpretation
Article III
General Terms and Conditions
1. Contractor Responsibilities
a. Duties and Obligations
b. Qualifications, Licenses, and Professional Standards
c. Notifications
d. Documentation of Professional Standards
e. Credentialing
f. Engineering Certificate
2. Termination
a. Thirty Days Termination
b. Event of Default; Termination on Notice
c. Termination Notice
d. Duties upon Termination
3. Indemnification and Defense
4. Insurance
5. Independent Contractor
6. Severability
7. Merger; No Oral Changes
8. Set-Off Rights
9. Non-Discrimination in Services
10. Nonsectarian Declaration
11. Governing Law
12.No Waiver
13. Conflicts of Interest
14. Cooperation on Claims
15. Confidentiality
16. Assignment and Subcontracting
17. Changes to Contractor
18. No Intended Third Party Beneficiaries
19. Certification as to Relationships
20. Publications
2 of 38 pages
`Law No. 20—AG IFMS No. 00000010323
„
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
21. Copyrights and Patents
a. Copyrights
b. Patents
22. Arrears to County
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction
24. Certification Regarding Lobbying
25. Record Retention
26. Contract Agency Performance Measures and Reporting Requirements - Local Law No. 41-2013
27. Notice
Article IV
Suffolk County Legislative Requirements
1. Contractor's/Vendor's Public Disclosure Statement
2. Living Wage Law
3. Use of County Resources to Interfere with Collective Bargaining Activities
4. Lawful Hiring of Employees Law
5. Gratuities
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas
7. Child Sexual Abuse Reporting Policy
8. Non Responsible Bidder
9. Use of Funds in Prosecution of Civil Actions Prohibited
10. Youth Sports
11. Work Experience Participation
12. Safeguarding Personal Information of Minors
13. Contract Agency Performance Measures and Reporting Requirements
14. Suffolk County Local Laws Website Address
15. Suffolk County Code of Ethics
Article V
General Fiscal Terms and Conditions
1. General Payment Terms
a. Presentation of Suffolk County Payment Voucher
b. Voucher Documentation
c. Payment by County
d. Budget Modification
e. Budget and/or'Services Revisions
f. Taxes
g. Final Voucher
2. Subject to Appropriation of Funds
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
4. Accounting Procedures
5. Audit of Financial Statements
6. Financial Statements and Audit Requirements
3 of 38 pages
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
7. Furniture, Fixtures, Equipment, Materials, Supplies
a. Purchases, Rentals or Leases Requiring Prior Approval
b. Purchase Practices/Proprietary Interest of County
c. County's Right to Take Title and Possession
d. Inventory Records, Controls and Reports
e. Protection of Property in Contractor's Custody
f. Disposition of Property in Contractor's Custody
8. Lease or Rental Agreements
9. Statement of Other Contracts
10. Miscellaneous Fiscal Terms and Conditions
a. Limit of County's Obligations
b. Duplicate Payment from Other Sources
c. Funding Identification
d. Outside Funding for Non-County Funded Activities
e. Potential Revenue
f. Payments Contingent upon State/Federal Funding
g. Denial of Aid
h. Budget
i. Payment of Claims
j. Payments Limited to Actual Net Expenditures,
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1
1. Salaries
m. Salary Increases
n. Contractor Vacancies
o. No Limitation On Rights
p. Comptroller's Rules and Regulations
Article VI
Budget
4 of 38 pages
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 ' 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Article I
Description of Services
Town of Southold
AAA Transportation Program
Whereas,the Contractor has been identified in the 2019 Suffolk County Adopted Budget under the funding as
listed on page one (1) of the Contract to perform the Services for the Department; and
Whereas,the AAA Transportation Program expands essential transportation activities for the elderly by
providing assistance in meeting the transportation operating expenses related to serving the elderly, as part of
the required supportive services of the IIIC Nutrition Program for the Elderly or other such programs for the
elderly that provide transportation services.
Whereas,the enhancement of transportation services is considered to be in the best interest of the County and
the elderly residents of Suffolk County, and ensures the best possible outcome.
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto,
agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Goals of the Program
The Contractor shall provide the following transportation services:
The Contractor may provide transportation other than to and from the nutrition sites on an as needed
basis. This may include,but is not limited to,transportation to medical appointments,shopping,
activities for socialization,and other such activities scheduled as part of the Contractor's regular
transportation program activities or by appointment. All transportation services shall be furnished
using licensed drivers and insured and inspected vans and automobiles.
3. General Program Terms and Conditions
In general, but without limitation, the Contractor shall be required to meet the criteria listed below:
a. Have, and maintain throughout the term of this Contract, an existing agreement to provide a
service or services for the elderly in Suffolk County.
b. Have an owned or contract vehicle available for the Services, either through purchase agreement
or lease agreement.
4. Administration
a. Overall administration of this program will be the responsibility of the Contractor. The
Contractor will ensure proper implementation and direction of the services, act as liaison
between the Department and the actual service, and ensure accuracy and timeliness of submission
of all reporting forms and expenditures.
b. Program staff shall attend meetings and training as requested by the Department.
5 of 38 pages
AAA Trans Sthold
ARTICLE I
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
5. Contractor's Staff
a. The Contractor agrees to employ adequate numbers of qualified staff and supervisory personnel
to meet all the specifications and responsibilities of the program in an orderly, punctual and
reliable manner and to assure the health, safety, and welfare of participants. A full-time
manager/supervisor will direct and coordinate the daily operations. All meetings and trainings
required by the County are to be attended by the appropriate staff. The Contractor will have on
file with the Department the procedures to be followed by workers and other staff in case of
emergency.
b. The County shall have the right to prior approval of the filling of any AAA Transportation
Coordinator and shall be advised by the Contractor of the duties and compensation of all personnel
assigned to the AAA Transportation Program.
C. The provisions of this paragraph five (5) are in addition to the provisions of Article V,paragraph
ten(10), subparagraph n.
6. Coordination
The Contractor must coordinate the delivery of services with other providers and organizations to
provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish
this,the Contractor will undertake activities such as, but not limited to, participation in inter-agency
meetings, coordination of referrals and follow-ups with other local service providers, entering into
agreements with other organizations for joint efforts and/or funding, centralized assessment and
maintaining up-to-date resource materials both within and outside the Contractor's organization.
7. Targeting and Outreach
a. The Contractor, to the extent it has discretion regarding to whom it will provide services, must
give preference to providing services to those unserved and underserved older adults in greatest
social or economic need,particularly those who are low-income, low-income minorities, older
adults with limited English proficiency,Native Americans, and frail/persons with disabilities and
older adults residing in rural areas in accordance with their need for such services, and to meet
specific objectives established by the Department for providing services to the above groups
within the PSA (OAA §305 (a)(2)(E)). The term"greatest economic need" is defined as the need
resulting from an income at or below the poverty levels as established annually by the U.S.
Office of Management and Budget. The term "greatest social need" refers to the need caused by
non-economic factors which include physical and mental disabilities, language barriers and
cultural, social or geographical isolation including isolation caused by racial or ethnic status that
restricts an individual's ability to perform normal daily tasks or threatens the capacity of the
individual to live independently(OAA §102 (23 and 24)).
b. The Contractor agrees to concentrate the services on older adults in the targeted populations
identified by the Department following the methods the Department has established for
complying with the targeting requirements under the OAA and the Equal Access and Targeting
Policy issued by the New York State Office for the Aging..Consistent with the OAA and NYS
applicable regulations, including the following laws: the Older Americans Act (OAA), Title III of
the Code of Federal Regulations, 45 CFR 1321; the NYS Elder Law and relevant NYS
regulations (Title 9, Subtitle Y of the New York State Code of Rules and Regulations); the
Contractor's targeting goal is to substantially increase the numbers of older adults from targeted
6 of 38 pages
AAA Trans Sthold
ARTICLE I
J.
Y
Law'No.20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
population groups (minority, low-income, frail, vulnerable).
C. The following target groups have been identified as having the greatest economic and social
needs: minority, low-income, frail and vulnerable.
i. Minority -persons of Black, Hispanic, Asian,Native American (American Indian),
Alaska Native,Native Hawaiian or Other Pacific Islander origins. Persons whose origins
are of Two (2) or More Races or who are identified as being in a racial category different
from those above (other than white) may be included (see the Other Race or Two (2) or
More Races categories, defined below).
a) Black- refers to a person who has origins in any of the Black racial groups of
Africa. This includes, for example, persons who self-report as Black, African
American, Kenyan,Nigerian, Haitian or other applicable identification.
b) Hispanic (or Latino) -refers to a person of Cuban, Mexican, Puerto Rican, South
or Central American, or other Spanish culture or origin regardless of race.
Hispanic origin can be viewed as the heritage, nationality group, lineage, or
country of birth of the person or the person's parents or ancestors before their
arrival in the United States. People who identify their origin as Hispanic, Latino,
or Spanish may be any race.
C) Asian-refers to a person having origins in any of the original peoples of the Far
East, Southeast Asia,,or the Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands,
Thailand, and Vietnam.
d) American Indian or Alaska Native -refers to a person having origins in any of the
original peoples of North and South America(including Central America) and
who maintains tribal affiliation or community attachment. This category includes
people who indicated their race(s) as "American Indian or Alaska Native" or
reported their enrolled or principal tribe, such as Navajo, Blackfeet, Inupiat,
Yup'ik, and/or Central American or South American Indian groups.
e) Native Hawaiian or Other Pacific Islander- refers to a person having origins in
any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
f) Other Race or Two (2) or More Races -this category includes persons who self-
identify as multiracial, mixed, interracial, or a racial category other than white, not
included in the descriptions above.
ii. Low—Income-Persons with incomes at or below 150% of the poverty level.
iii. Frail—Persons with one (1) or more functional deficits in the following areas:
a) Physical functions;
b) Mental functions;
c) Activities of daily living (eating, bed/chair transfer, dressing, bathing,toiletry and
continence); and/or,
d) Instrumental activities of daily living (meal preparation, housekeeping, shopping,
medications, telephone, travel, and money management).
7 of 38 pages
AAA Trans Sthold
ARTICLE I
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Disabled—Any person who has a physical or mental impairment which substantially
limits one (1) or more major life activities, has a record of such impairment, or is
regarded as having such impairment. This includes alcoholism and drug addiction.
iv. Vulnerable—Persons with a deficit of social resources, those who are isolated socially,
linguistically or geographically, and/or those affected by other environmental conditions
including the following:
a) Language barriers; Limited English Proficiency- Individuals who do not speak
English as their primary language and who have a limited ability to read, write,
speak, or understand English may be limited English proficient, and may be
eligible to receive language assistance with respect to a particular type of service,
benefit, or encounter;
b) Rural residence;
c) Persons with disabilities;
d) Institutionalized or at risk of institutionalization;
e) Lesbian, gay, bisexual, transgender (LGBT) older adults;
f) Low literacy;
g) Older adult caregivers of children with developmental disabilities, mental illness,
or other disabilities requiring a caretaker(e.g., traumatic brain injury);
h) Homebound; and,
i) Alzheimer's or other Dementia.
d. In order to comply with Targeting requirements, the Contractor must employ Outreach Strategies
which may include, but are not limited to, locating target populations using Census or other
resource data, translated printed materials, location of services in catchment areas for targeted
populations, publicity to community-based groups, and minority staff/volunteers.
8. Equal Access
a. The Contractor shall comply with requirements for equal access including language accessibility,
nondiscrimination and concentration of services on target populations.
b. The Contractor shall provide maximum accessibility to those older adults in greatest economic or
social need, and new sites shall be free from architectural barriers that limit participation of
disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1) and Section 504 of
the Rehabilitation Act of 1973). Accessibility requirements include provision of services and
assistive devices (including assistive technology services and devices) designed to meet the
unique needs of older individuals who are disabled, and of older individuals who provide
uncompensated care to their adult children with disabilities. Providers must ensure that
communications with individuals with disabilities are as effective as communications with others
(ADA, 28 CFR 35.160-35.164). For example, auxiliary aids and services may include:
• For individuals who are deaf or hard of hearing: qualified interpreters, note takers,
computer-aided transcription services, written materials, telephone handset amplifiers,
assistive listening systems, telephones compatible with hearing aids, closed caption
decoders, open and closed captioning, telecommunications devices for deaf persons
(TDDs), videotext displays, and exchange of written notes.
8 of 38 pages
AAA Trans Sthold
ARTICLE I
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
• For individuals with vision impairments: qualified readers, taped texts, audio recordings,
Brailed materials, large print materials, and assistance in locating items.
• For individuals with speech impairments: TDDs, computer terminals, speech
synthesizers, and communication boards.
C. Additionally, consistent with the Civil Rights Act of 1964, Title VI, the Title VI regulations,
federal Executive Order 13166, and the NYS Human Rights Law, all subcontractors are required
by law to take reasonable steps to provide meaningful access to limited English proficient
persons. All aging services providers are obligated to provide reasonable, timely, and
appropriate language assistance to the limited English proficiency(LEP)populations each serves.
Mandated Action:
The Contractor shall, at a minimum, maintain a telephonic interpretation service contract or
similar community arrangement with a language interpretation services provider of their choice no
later than ninety(90) days after the effective date of this contract. The Contractor's staff for this
program with public contact must be aware of,and trained in the timely and appropriate use of,
these language services. The Contractor shall also ensure that LEP persons are informed of the
availability of language assistance, free of charge, by providing written notice in languages LEP
persons will understand at service locations.
9. Reporting Requirements
a. Monthly Reports
Monthly reports must be submitted to the Department on a form prescribed by the Department.
Monthly reports are due to the Department by the eighth(8th) day of the month following the
month being reported. These reports shall contain, at a minimum,the following categories of
information:
i. Units of service: one (1)unit is equal to each(1) one-way trip per person.
ii. The number of individuals who have received transportation by the Contractor under this
Transportation Program Contract.
iii. A monthly activity schedule showing the specific transportation services the Contractor
will make available to the congregate participants that require transportation.
iv. Mileage recordings.
b. Electronic Reporting
i. The Contractor shall maintain electronic records on all program participants using the
most currently approved form provided by the Department and compliant with State and
Federal reporting requirements. Data for all participants must be updated monthly.
ii. In order to comply with electronic reporting requirements,the Contractor must have
adequate computer equipment and software available to support the approved form.
iii. Transportation units and unduplicated number of persons served must be entered
electronically in Peer Place or in subsequent County approved computer systems. All
participant data must be entered completely by the eighth(8th) of each month for the
previous months' data.
9 of 38 pages
AAA Trans Sthold
ARTICLE I
Lave No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
10. Incident Reporting
The Contractor will report, at least verbally to the Department, within twenty-four(24) hours any
incidents involving all instances of claims,costs,damages,and injuries to persons or property of whatsoever
kind arising out of services provided under this Contract. A written follow-up of such incidents shall be
sent to the Department within five (5) days of the occurrence. The Contractor further agrees to send the
Department copies of all"notices of claim"relating to the program covered in this Contract.
11. Confidentiality
a. The Contractor agrees that no personal information obtained from an individual in conjunction with
this program shall be disclosed in a form in which it is identified with the individual without such
individual's written consent to such disclosure,except to the Department.
b. In the case of a request by the Department for names and addresses of individuals participating in
the program, the Contractor shall furnish such information as requested. Failure to comply with
a request by the Department for such information shall be deemed a material breach of this
Contract and shall result in a freeze on all monies due and owing to the Contractor until
compliance by the Contractor.
12. Promotions and Advertisements
a. Any references to transportation services provided under this Contract must include due recognition to
New York State Office for the Aging. The Contractor must include the express acknowledgement as
follows:
"This service has been provided with financial assistance, in whole or in part through a grant
from the New York State Office for the Aging."
b. The provisions of this paragraph shall prevail over any conflicting provisions of Article III,
paragraph 20.
13. Contributions
The Contractor agrees to inform each recipient of the service of the opportunity to make a completely
voluntary and anonymous contribution toward the cost of the service. Service may not be denied,
however, if a person is unable or unwilling to make a contribution. The Contractor must maintain an
audit trail of all incoming contributions and make monthly reports of any contributions received.
Monthly contributions will be deducted from monthly expenditures to arrive at net reimbursement. All
contributions must be used to enhance services. All printed materials used for the program must include
the sources of funding for the program and must include the following information:
Contributions to this (these) service(s) are completely voluntary and anonymous. Services will
not be denied because of inability or unwillingness to contribute. Any contribution you wish to
make will be used to expand the program and will be greatly appreciated.
14. Participant Comments & Satisfaction Surveys
Pursuant to the NYS Office for the Aging Regulations Section 6654.8, the Contractor shall develop and
implement procedures to obtain the views of program participants about the services they receive.
Copies of records of such views shall be maintained for at least five (5)program years and shall be
available to the Department for inspection upon request. Such method shall respect the client's right to
confidentiality. In any event, at the conclusion of the service, but not less often than annually,the
10 of 38 pages
AAA Trans Sthold
ARTICLE I
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Contractor shall send each recipient an evaluation letter and survey in the form approved by the
Department, informing him/her of the sources of funding for the program and including the following
information:
Contributions are welcomed and are used to expand this service.
15. Monitoring
a. Program
The Contractor agrees to permit the Department's staff and staff of the New York State Office
for the Aging to review programmatic records at any time.
b. Fiscal
As required,the Department's fiscal staff may examine or review evidence regarding the existence,
time and classification of financial transactions,which are charged to the program for reimbursement.
To obtain this evidence,the fiscal staff will examine documentary evidence including financial
verification by actually observing or counting certain assets(e.g. case,food inventory,equipment and
supplies)to establish their physical existence.
16. Grievance Procedures
In accordance with §306 (a) (10) of the Older Americans Act, as amended(OAA), the Department has
established a process for resolving complaints from older persons who are dissatisfied with or denied
services funded under Title III of the Act. The Contractor shall comply with the requirements of the
Grievance Procedures as set forth in Article IA.
17. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013
a. If payment under this Contract may exceed$50,000, it is subject to the requirements of Suffolk
County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to
Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of
Chapter 189 of the Suffolk County Code)as set forth in Article IV of this Contract entitled"Suffolk
County Legislative Requirements."
b. The Contractor shall cooperate with the Department in all aspects necessary to carry out the
requirements of Local Law No. 41-2013.
18. SuffolkSTAT
Beginning in the second month of the Contract Term for contracts subject to Suffolk County Local LawNo.
41-2013, the Contractor shall submit monthly actual performance data, also known as key performance
indicators ("KPIs") for the prior month's data, and analysis of the Contract performance measures via the
County's SuffolkSTAT application by linking onto hftp://suffolkstat.suffolkeounlny.gov.
There are no KPI's reported for this contract now.
End of Text for Article I
11 of 38 pages
AAA Trans Sthold
ARTICLE I
_ Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Contractor's Proposal&
Response for Equal Access & Targeting
AAA Transportation
End of Article I
12 of 38 pages
AAA Southold 19-20
ARTICLE I
KAREN MCLAUGHLIN ®��( ��� �® Nutrition Program
Town Director of Human Home Delivered Meals
Services ® (� Case Management
Town of Southold Essential Transportation
P.O.Box 85 ® ' Senior Adult Day
750 Pacific Street Care/Katinka House
Alzheimer's Day Care
Mattituck,NY 11952 t
Tel.(631)298-4460 =" �� Telephone Reassurance
Fax(63 1)298-4462 ®�/ �� Residential Repair
Town of Southold
AAA Transportation Services
April 1 , 2019- March 31, 2020
Program Narrative:
Southold Town Senior Services currently provides both regular route and
demand responsive transportation services to senior residents of Southold
Town. Given the rural nature of our area coupled with the lack of other reliable,
efficient and affordable transportation alternatives, seniors are often isolated and
unable to access services vital to their continued independence, health and well-
being. Southold Town Senior Services is proposing to continue our current
program for demand responsive transportation services for both medical escort
assistance and other essential services. For the 4/1/18-3/31/19 program year,
Southold Town Senior Services provided 1,396 one way passenger trips for
essential medical and non-medical transportation for senior consumers. We
provide medical transportation throughout Suffolk County and do not restrict
travel within town boundaries. Given these factors, our current transportation
services are maximized. At present, appointments are scheduled months in
advance and seniors new to the program often cannot access our services
readily as availability is limited to a first come first serve basis. We have also
experienced an increased demand for transportation to oncology, radiation and
physical therapy appointments which are usually concentrated over a longer
period of time. This funding will allow us to supplement our existing program by
allocating additional hours of service to enhance availability and reduce the
advance scheduling requirements that often limits access to many seniors who
need more immediate and/or long term assistance. AAA Transportation funding
will be applied to cover a designated portion of our overall service. The Town
Director of Human Services will oversee implementation of the program and
program staff will directly supervise transportation staff.
Equal Access to Services and Targeting Plan:
The population of aged 60+ residents in Southold Town is approximately
32.23% according to 2010 census data. Targeting and expanded outreach
efforts will continue to be a major priority for the upcoming year. In following
guidelines set forth under the Older Americans Act, Southold Town Senior
Services continues our commitment to our goal of providing residential repair
services to underserved and/or minority elderly residents. According to the 2010
U.S. Census, 3.47% of the elderly residents in Southold Town are minority. Our
percentage of minority seniors served was 6.8% which exceeded our targeting
goal of 3.47%. For the 2018-19 program year our unduplicated transportation
service was provided to 117 seniors which was above the projected 110. Our
1,396 one way passenger trips provided were also above our 1200 anticipated
units for the program year. Satisfaction surveys will be completed annually and
all participants will be provided an opportunity to make a voluntary and
anonymous contribution.
For the 2019-20 program year, our goal is to provide 1,200 units of service
to 110 unduplicated seniors. Southold Town Senior Services will ensure access
for services to the four target groups which have the greatest economic and
social needs. These groups include minorities, low income, frail and vulnerable
persons aged 60 and older. Targeted groups for improved service will also
include those with Limited English Proficiency (LEP), lesbian, gay, bisexual, and
transgender(LGBT) older adults. Ensuring equal access to language services
for all is a high priority and is achieved through a contract that has been
established with Geneva Worldwide Language Translation Services. Staff is
aware of and trained in the timely and appropriate use of these languages
services. As a contractor with SCOFA, we will fully comply with requirements of
both the Equal Access to Services and Targeting Policy (12-PI 08) and the
Telephonic Interpretation Policy (12-IM-03) to meet our goal of increasing
access to the most vulnerable elderly, particularly those with limited English
proficiency. Staff will ensure that those with limited English proficiency (LEP)
are informed of the availability of FREE language interpretation assistance by
providing written notice in languages the LEP person will understand at service
locations. In addition, signs are posted at the entrance of our senior center that
highlight the free service available to all seniors. We will also provide information
on the Town's website informing Southold residents, community service
organizations and local churches about the available language assistance.
Access will also be provided via the Southold Town Justice Court's
comprehensive list of court interpreters available pursuant to section 387 of the
Judiciary Law.
We have increased visibility and expanded access to our services. In
addition to existing print outreach, i.e. brochures, newspapers, senior center
menus and activity calendars, we are featured in Eastern Long Island
Hospital's Seniors Options and Solutions Program newsletter which enjoys
town wide distribution. The website for Town of Southold
www.southoldtownny.gov is a great resource and all activities, program
announcements and updates are posted weekly. Important links for programs
and services and related forms can be easily accessed. We continue our
coordination efforts with Community Action Southold Town Inc. (CAST) to
engage seniors for participation all senior programs, including transportation,
with specific targeting of services to the low income and low income minority
populations they serve. CAST also rotates through our community services
room at the center to improve service access to vulnerable seniors. Lastly,
local physicians' offices have been providing information on our service to
t
seniors and have been referring them to our office or scheduling appointments
on their behalf.
Effective July 1, 2019 Southold Town Senior Services is partnered with
Family Service League of Suffolk County newly established NNORC Program.
The goal of the NNORC, LI Sound Senior Care, is to improve the quality of life
for geographically isolated seniors in Greenport West and Greenport Village.
Our partnership will allow for greater collaboration and direct access to the low
income minority elderly in this geographic area.
In 2010 Southold Senior Services partnered with the North Fork Woman for
Woman Fund in their NYSOFA's Community Empowerment Aging in Place
Grant Program to expand and enhance awareness of available services to the
lesbian community on the North Fork. In 2011, we initiated a working
relationship with the SAGE organization to increase a shared awareness of
available activities and services to the LGBT community and we continue to
provide our senior community with their current information and outreach events.
In 2015, Southold Senior Service's began our partnership with the Nassau-
Suffolk Hospital Council and became a host site for the Consumer Assistance
for the Aged, Certified Blind and Certified Disabled Program. An Application
Assistance Navigator is on site one day monthly to help qualified individuals
apply for health insurance coverage specific to their needs. In,addition, seniors
with disabilities will continue to be provided referral and/or access to various
services by Southold Town and ABD staff. These services include answering
ADA compliance questions/complaints and assistance in applying for SCAT or
other medical transportation services.
Additional outreach efforts include:
Program highlighted in the Town-wide newsletter and quarterly recreation
bulletin that is mailed to all households, brochures distributed in town to
pharmacies, medical offices, physical therapy offices and libraries.
s
• Featured in the Suffolk Times in articles, columns and editorials.
• Referrals from Caseworkers for the homebound meals-on-wheels
participants
• Information provided to local service agencies and hospitals.
• Word of mouth from satisfied seniors.
• Church Bulletins.
• Continue to be featured on Southold Town Government Cablevision
Channel 22.
• Announcements at the local senior meetings and monthly caregivers group.
• In contract with WLNG Radio to provide frequent and regular PSA's on
senior programs offered.
• Outreach efforts will include staffed informational tables at hamlet post
offices and grocery stores to reach more seniors.
• Continue to work with Southold Police Department in identifying and
referring isolated, frail and vulnerable seniors at risk to our services.
• Community speaking engagements to local civic groups, churches and
community organizations.
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Article 1A
Grievance Procedures
I. Purpose
A. In accordance with § 306(a)(10) of the Older Americans Act, as amended(OAA),
Suffolk County Office for the Aging has established the following process for resolving the
complaints from older persons who are dissatisfied with or denied services.
II. Notifying Participants of Right to File Grievance
A. The Contractor shall notify participants and applicants of their right to file a grievance, as
follows:
1) A summary of the procedures, including a statement that assistance to file shall be
provided to older persons, must be prominently posted at service delivery sites or offices at
which participants and service applicants apply for services. Summaries shall also be
written in languages other than English where needed to serve the client/applicant
population.
2) In-home services participants shall be informed of the grievance procedures through
written and verbal statements provided to them upon assessment and/or reassessment for
services.
B. Denial of Service. Any participant or applicant who is denied services must be given the reasons
for the denial. For housekeeping, homemaker, home delivered meals, case management, and
other services for which written applications are made, the denial shall be confirmed in writing
and the applicant informed of the right to file a grievance and of the individual to whom the
grievance shall be addressed. For congregate meals,transportation, recreation, and other services
which are applied for by telephone or verbally in person, the client may be told of the right to file
a grievance verbally.
III. Grievance Process
A. Filing of Grievance
1) Participants must submit their grievances in writing to the person(s)that has been designated by a
service provider to conduct the initial review. The reviewer may be the director of the service
provider agency, or any other person designated by such director who is not familiar with or
otherwise involved in the particular grievance.
13 of 38 pages
ARTICLE I
. Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
2) The grievance should be filled within thirty(30) days of denial, reduction, or termination of
services, or of the event or circumstance with which the participant is dissatisfied. The service
provider may grant an extension for good cause shown.
3) The grievance should be filed on the enclosed form, which shall include a written statement
setting forth in detail the date, time, and circumstances that are the basis of the complaint.
B. Investigation and Response to Grievance
1) The designated reviewer who performs the initial review shall investigate the grievance. If
appropriate, this may include meeting with the grievant and/or other persons involved in the
action(s) complained of or in the denial of services. The reviewer shall review all pertinent facts
and/or documents, and shall determine whether the complained-of agency action or
determination was consistent with applicable federal and State laws, regulations, and policies.
2) The designated reviewer shall prepare and send a written response to the grievant within fifteen
(15) days after the grievance is filled. The response shall set forth the circumstances relating to
the grievance, the action requested by the grievant,the findings of the reviewer, a proposed
remedial action, if any, and an explanation of the determination, including the facts relied upon.
A copy of its decision must be forwarded to the Director of the Suffolk County Office for the
Aging.
3) The designated reviewer shall create and maintain a Complaint File consisting of the grievance
form, all documents and/or information relied upon in making a determination, and the written
response described above.
C. Appeal of Initial Response/Decision. If the complaint has been handled by a service provider
agency under subcontract to the Suffolk County Office for the Aging and the grievant is not
satisfied with the determination reached by such service provider, the grievant has the right to
further review as follows:
1) The grievant may initiate a request for subsequent review by the Suffolk County Office for the
Aging Director, P.O. Box 6100, Hauppauge,New York 11788-0099 within twenty(20) calendar
days following receipt of notification by the service provider agency of its decision.
2) The Suffolk County Office for the Aging Director shall request, and the subcontractor agency
shall provide, copies of the Complaint File. The Suffolk County Office for the Aging Director
will review the materials to ensure that pertinent policies and procedures have been applied and
14 of 38 pages
ARTICLE I
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
followed. If appropriate, the Suffolk County Office for the Aging Director or his/her designee
will meet with the grievant to allow for an opportunity to present information about the
grievance.
3) If policies and procedures have been adhered to, the Suffolk County Office for the Aging's
Director will not overturn the decision of its subcontractor agency. If proper policies and
procedures have not been applied, the Suffolk County Office for the Aging reserves the right to
overturn the decision. The subsequent review shall be completed within forty-five (45) days of
receipt of the request by the grievant and the grievant will be promptly notified in writing of the
result of the subsequent review.
IV. RecordkeepinLy
The service provider agency which is handling the grievance shall keep a file, for six (6)years, of all
relevant documents and records. This shall include at a minimum: the initial grievance; any
investigative reports; any written response submitted by the Suffolk County Office for the Aging or
service provider agency; any documents or other records submitted by any party; the written Initial
Response of the agency; and, if applicable, the notice to the grievant of the right to appeal.
V. Confidentiality
No information, documents, or records relating to a grievance shall be disclosed by program staff or
volunteers in a form capable of identifying the grievant without the written informed consent of the
grievant unless the disclosure is required by court order or program monitoring by authorized agencies.
15 of 38 pages
ARTICLE I
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
COMPLAINT LETTER FORM
Service Provider
Letterhead
Instructions
Please complete both sides of this form. If assistance is needed in completing this form, you may contact
(Name and phone). Completed forms should be sent to:
Service Provider contact person and address
This form must be filed within (30) calendar days of the event or action
complained of unless you are granted an extension for good cause.
I am requesting a review of the following grievance:
❑ I was denied service.
❑ I am not satisfied with the quality of service or an activity provided by
your agency or by your service provider.
❑ I have the following grievance (briefly describe):
Date/estimated date of the event or action complained of:
Please describe in details what happened or what your grievance is (if you need extra
space, use back side of this form):
16 of 38 pages
ARTICLE I
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Please state, if you know, what relief you are seeking:
Signed:
Name(print):
Date:
Address:
Phone Number:
17 of 38 pages
ARTICLE I
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Article II or
Definitions
d. the Contractor's failure to comply with any
1. Meanings of Terms Federal,State or local law,rule,or regulation,and
County policies or directives;or
As used herein:
e. the Contractor's bankruptcy or insolvency,or
"Audit of Financial Statements"means the examination by
the Comptroller and any Federal or State auditing authority of f. the Contractor's failure to cooperate in an Audit of
the financial statements of the Contractor resulting in the Financial Statements;or
publication of an independent opinion on whether or not those
financial statements are relevant,accurate,complete,and fairly g. the Contractor's falsification of records or reports,
presented misuse of funds,or malfeasance or nonfeasance in
financial record keeping arising out of, or in
"Budget"means the Contractor's summary or plan of all connection with,any contract with the County;or
intended revenue,whether received in the form.of fees,grants,County
funding,or any other source,and expenditures necessary to render the h. the Contractor's failure to submit, or failure to
Services. timely submit,documentation to obtain Federal or
State funds;or
"Budget Deficiency Plan" means an analysis of the cost of the
Services,changes in fiscal conditions,and required modifications to the i. the inability of the County or the Contractor to
Contract to continue to render the Services. obtain Federal or State funds due to any act or
omission of the Contractor;or
"Comptroller"means the Comptroller of the County of Suffolk.
j. any condition that the County determines, in its
"Contract"means all terms and conditions of this Contract forming all sole discretion,is dangerous.
rights and obligations of the Contractor and the County.
k the failure to comply with Local Law 41-2013 and
"Contractor" means the signatory corporation, its officers, officials, related contractual requirements.
employees, agents, servants, sub-contractors, volunteers, and any
successor or assign of any one or more of the foregoing performing the "Federal"means the United States government, its departments, and
Services. agencies
"County"means the County of Suffolk,its departments,and agencies. "Fringe Benefits"means non-wage benefits which accompany,or are
in addition to, a person's salary, such as paid insurance, sick leave,
"County Attorney" means the County Attorney of the County of profit-sharing plans,paid holidays,and vacations.
Suffolk
"Fund Source" means any direct or indirect sum payable to the
"Department"means the signatory department approving the Contract. Contractor by the County pursuant to any lawful obligation.
"Engineering Services" means the definition of the practice of "Legislature"means the Legislature of the County of Suffolk.
engineering and the definition of practice of land surveying,as the case
may be, under Section 7201 and Section 7203 of the State Education "Management Letter" means a letter certified as true by the
Law,respectively. Contractor's certified public accountant or chief financial officer of
findings and recommendations for improvements in internal fiscal
"Event of Default"means control that were identified during an Audit of Financial Statements,but
which were not required to be included in an audit report.
a. the Contractor's failure to perform any duty
required of it under paragraphs 1(b)-(e)of Article "Municipal Corporation"means a town,village,or school district.
III of the Contract;or
"Services"means all that which the Contractor must do,and any part
b. the Contractor's failure to maintain the amount and thereof arising out of,or in connection with,the Contract as described
types of insurance with an authorized insurer as in Article I"Description of Services."
required by the Contract;or
"State"means the State of New York
C. the Contractor's failure to maintain insurance
required by the Contract with an insurer that has "Statement of Other Contracts" means a complete list of all other
designated the New York Superintendent of contracts under which money has been or will be paid to the Contractor
Insurance as its lawful agent for service of process; from the County, Federal, or State governments, or a Municipal
Corporation, and (i) which are currently in effect or(ii) which have
18 of 38 pages
ARTICLE II
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
expired within the past twelve(12)months and have not been renewed.
"Suffolk County Payment Voucher"means the document authonzed
and required by the Comptroller for release of payment.
"Term" means the time period set forth on page one of the Contract
and,if exercised by the County,the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms, associations,
partnerships(including limited partnerships),trusts,corporations,and
other legal entities,including public bodies,as well as natural persons,
and shall include successors and assigns
Capitalized terms used,but not otherwise defined,herein,shall have the
meanings assigned to them in the Contract
End of Text for Article II
19 of 38 pages
ARTICLE II
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Article III generality of the foregoing, if any part of the
General Terms and Conditions Contract remains to be performed, and the
termination of the license does not affect the
1. Contractor Responsibilities Contractor's ability to render the Services, every
other term and provision of the Contract shall be
a. Duties and Obligations valid and enforceable to the fullest extent permitted
by law.
i.) It shall be the duty of the Contractor to
discharge, or cause to be discharged, all of its d. Documentation of Professional Standards
responsibilities,and to administer'funds received in
the interest of the County in accordance with the The Contractor shall maintain on file, in one location in
provisions of the Contract. Suffolk County, all records that demonstrate that it has
complied with sub-paragraphs(b)and(c)above. The address
ii.) The Contractor shall promptly take all of the location of the aforesaid records and documents shall
action as may be necessary to render the Services. be provided to the County no later than the date of execution
of the Contract. Such documentation shall be kept,
iii.) The Contractor shall not take any action maintained,and available for inspection by the County upon
that is inconsistent with the provisions of the twenty-four(24)hours notice.
Contract.
e. Credentialing
iv.) Services provided under this Contract
shall be open to all residents of the County. i.) In the event that the Department,or any
division thereof,maintains a credentialing process
b. Qualifications, Licenses, and Professional to qualify the Contractor to render the Services,the
Standards Contractor shall complete the required
credentialing process. In the event that any State
The Contractor represents and warrants that it has,and shall credential, registration, certification or license,
continuously possess,during the Term,the required licensing, Drug Enforcement Agency registration, or
education,knowledge,experience,and character necessary to Medicare or Medicaid certification is restricted,
qualify it to render the Services. suspended,or temporarily or permanently revoked,
it is the duty of the Contractor to contact the
The Contractor shall continuously have during the Term all Department,or division thereof,as the case may be,
required authorizations, certificates, certifications, in writing, no later than three(3) days after such
registrations,licenses,permits,and other approvals required restriction,suspension,or revocation.
by Federal, State, County, or local authorities necessary to
qualify it to render the Services. ii.) The Contractor shall forward to the
Department,or division thereof,as the case may be,
C. Notifications on or before July 1 of each year during the Term,a
complete list of the names and addresses of all
i.) The Contractor shall immediately notify persons providing the Services, as well as their
the County, in writing, of any disciplinary respective areas of certification, credentialing,
proceedings, commenced or pending, with any registration,and licensing.
authority relating to a license held by any person
necessary to qualify him,her,or the Contractor to f. Engineering Certificate
perform the Services.
In the event that the Contract requires any Engineering
ii.) In the event that a person is no longer Services,the Contractor shall submit to the County,no later
licensed to perform the Services, the Contractor than the due date for submission for approval of any
must immediately notify the County, but in no engineering work product, the Certificate of Authorization
event shall such notification be later than five(5) ("Certificate"), issued pursuant to § 7210 of the New York
days after a license holder has lost the license Education Law,of every person performing any Engineering
required to qualify the license holder or the Services The failure to file, submit, or maintain the
Contractor to perform the Services. Certificate shall be grounds for rejection of any engineering
work product submitted for approval.
iii.) In the event that the Contractor is not
able to perform the Services due to a loss of 2. Termination
license,the Contractor shall not be reimbursed for
the Services rendered after the effective date of a. Thirty Days Termination
termination of such license Without limiting the
20 of 38 pages
ARTICLE III
'Lave No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
The County shall have the right to terminate the Contract incurred by the County, its agents, servants, officials, and
without cause,for any reason, at any time,upon such terms employees in any action or proceeding arising out of, or in
and conditions it deems appropriate,provided,however,that connection with,the Contract.
no such termination shall be effective unless the Contractor is
given at least thirty(30)days'notice. b. The Contractor hereby represents and warrants that
it will not infringe upon any copyright to performing the
b. Event of Default;Termination on Notice Services. The Contractor agrees that it shall protect,
indemnify,and hold harmless the County,its agents,servants,
i.) The County may immediately terminate officials,and employees from and against all liabilities,fines,
the Contract, for cause, upon such terms and penalties, actions, damages, claims, demands, judgments,
conditions it deems appropriate, in the Event of losses,suits or actions,costs,and expenses arising out of any
Default. claim asserted for infringement of copyright, including
reimbursement of the cost of reasonable attorneys' fees
ii.) If the Contractor defaults under any other incurred by the County, its agents, servants, officials, and
provision of the Contract, the County may employees in any action or proceeding arising out of or in
terminate the Contract, on not less than five (5) connection with any claim asserted for infringement of
days' notice, upon such terms and conditions it copyright.
deems appropriate.
C. The Contractor shall defend the County,its agents,
C. Termination Notice servants, officials, and employees in any proceeding or
action, including appeals, arising out of, or in connection
Any notice providing for termination shall be delivered as with, the Contract, and any copyright infringement
provided for in paragraph 27 of this Article III. proceeding or action.Alternatively, at the County's option,
the County may defend any such proceeding or action and
d. Duties upon Termination require the Contractor to pay reasonable attorneys' fees or
salary costs of County employees of the Department of Law
i.) The Contractor shall discontinue the for the defense of any such suit.
Services as directed in the termination notice.
4. Insurance
ii.) Subject to any defenses available to it,
the County shall pay the Contractor for the a. The Contractor shall continuously maintain,during
Services rendered through the date of termination the Term of the Contract,insurance in amounts and types as
follows:
iii.) The County is released from any and all
liability under the Contract,effective as of the date
of the termination notice. i.) Commercial General Liability insurance,
including contractual liability coverage, in an
iv.) Upon termination, the Contractor shall amount not less than Two Million Dollars
reimburse the County the balance of any funds ($2,000,000 00) per occurrence for bodily injury
advanced to the Contractor by the County no later and Two Million Dollars ($2,000,000.00) per
than thirty (30) days after termination of the occurrence for property damage. The County shall
Contract. The provisions of this subparagraph shall be named an additional insured.
survive the expiration or termination of the
Contract. ii.) Automobile Liability insurance (if any
non-owned or owned vehicles are used by the
V.) Nothing contained in this paragraph shall Contractor in the performance of the Contract)in
be construed as a limitation on the County's rights an amount not less than Five Hundred Thousand
set forth in paragraphs 1(c) (iii) and 8 of this Dollars($500,000.00)per person,per accident,for
Article III. bodily injury and not less than One Hundred
Thousand Dollars ($100,000 00) for property
3. Indemnification and Defense damage per occurrence.The County shall be named
an additional insured.
a. The Contractor shall protect,indemnify,and hold
harmless the County, its agents, servants, officials, and iii.) Workers'Compensation and Employer's
employees from and against all liabilities, fines, penalties, Liability insurance in compliance with all
actions,damages,claims,demands,judgments,losses,suits applicable New York State laws and regulations
or actions,costs,and expenses caused by the negligence or and Disability Benefits insurance, if required by
any acts or omissions of the Contractor, including law. The Contractor shall furnish to the County,
reimbursement of the cost of reasonable attorneys' fees prior to its execution of the Contract, the
21 of 38 pages
ARTICLE III
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
documentation required by the State of New York 5. Independent Contractor
Workers' Compensation Board of coverage or
exemption from coverage pursuant to§§57 and 220 The Contractor is not, and shall never be, considered an
of the Workers'Compensation Law. In accordance employee of the County for any purpose. Notwithstanding
with General Municipal Law §108, the Contract anything contained in this Contract,the Contract shall not be
shall be void and of no effect unless the Contractor construed as creating a principal-agent relationship between
shall provide and maintain coverage during the the County and the Contractor or the Contractor and the
Term for the benefit of such employees as are County,as the case may be.
required to be covered by the provisions of the
Workers'Compensation Law. 6. Severability
iv.) Professional Liability insurance in an It is expressly agreed that if any term or provision of this
amount not less than Two Million Dollars Contract, or the application thereof to any person or
($2,000,000.00) on either a per-occurrence or circumstance,shall be held invalid or unenforceable to any
claims-made coverage basis. extent, the remainder of the Contract, or the application of
such term or provision to persons'or circumstances other than
b. The County may mandate an increase in the liability those as to which it is held invalid or unenforceable,shall not
limits set forth in the immediately preceding paragraphs be affected thereby,and every other term and provision of the
(4)(a)(i),(ii),and(iv). Contract shall be valid and shall be enforced to the fullest
extent permitted by law.
C. All policies providing such coverage shall be issued
by insurance companies authorized to do business in New 7. Merger;No Oral Changes
York with an A.M.Best rating of A-or better.
It is expressly agreed that the Contract represents the entire
d. The Contractor shall furnish to the County,prior to agreement of the parties and that all previous understandings
the execution of the Contract, declaration pages for each are herein merged in the Contract. No modification of the
policy of insurance, other than a policy for commercial Contract shall be valid unless in written form and executed by
general liability insurance, and upon demand, a true and both parties.
certified original copy of each such policy evidencing
compliance with the aforesaid insurance requirements. S. Set-Off Rights
e. In the case of commercial general liability insurance The County shall have all of its common law,equitable,and
the Contractor shall furnish to the County, prior to the statutory rights of set-off These rights shall include,but not
execution of the Contract, a declaration page or insuring be limited to,the County's option to withhold from a Fund
agreement and endorsement page evidencing the County's Source an amount no greater than any sum due and owing to
status as an additional insured on said policy, and upon the County for any reason. The County shall exercise its set-
demand, a true and certified original copy of such policy off rights subject to approval by the County Attorney. In
evidencing compliance with the aforesaid insurance cases of set-off pursuant to a Comptroller's audit,the County
requirements. shall only exercise such right after the finalization thereof,
and only after consultation with the County Attorney.
f. All evidence of insurance shall provide for the
County to be notified in writing thirty(30)days prior to any 9. Non-Discrimination in Services
cancellation,nonrenewal,or material change in the policy to
which such evidence relates. It shall be the duty of the a. The Contractor shall not, on the grounds of race,
Contractor to notify the County immediately of any creed, color, national origin, sex, age, disability, sexual
cancellation,nonrenewal,or material change in any insurance orientation,military status,or marital status
policy
i.) deny any individual the Services
g. In the event the Contractor shall fail to provide provided pursuant to the Contract,or
evidence of insurance,the County may provide the insurance ii.) provide the Services to an individual that
required in such manner as the County deems appropriate and is different, or provided in a different
deduct the cost thereof from a Fund Source. manner, from those provided to others
pursuant to the Contract;or
h. If the Contractor is a Municipal Corporation and iii.) subject an individual to segregation or
has a self-insurance program under which it acts as a self- separate treatment in any matter related
insurer for any of such required coverage,the Contractor shall to the individual's receipt of the Services
provide proof, acceptable to the County, of self-funded provided pursuant to the Contract;or
coverage iv.) restrict an individual in any way from
any advantage or privilege enjoyed by
22 of 38 pages
ARTICLE III
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
others receiving the Services provided substantial conflict between its obligations under the Contract
pursuant to the Contract;or and its private interests The Contractor is charged with the
treat an individual differently from others duty to disclose to the County the existence of any such
in determining whether or not the adverse interests, whether existing or potential. This duty
individual satisfies any eligibility or shall continue as long as the Term The determination as to
other requirements or conditions which whether or when a conflict may potentially exist shall
individuals must meet in order to receive ultimately be made by the County Attorney after full
the Services provided pursuant to the disclosure is obtained.
Contract.
14. Cooperation on Claims
b. The Contractor shall not utilize criteria or methods
of administration which have the effect of subjecting The Contractor and the County shall render diligently to each
individuals to discrimination because of their race, creed, other, without compensation, any and all cooperation that
color,national origin,sex,age,disability,sexual orientation, may be required to defend the other party,its employees and
military status, or marital status, or have the effect of designated representatives, against any claim, demand or
substantially impairing the Contract with respect to action that may be brought against the other party, its
individuals of a particular race,creed,color,national origin, employees or designated representatives arising out of,or in
sex, age, disability, sexual orientation, military status, or connection with,the Contract.
marital status, in determining
15. Confidentiality
i.) the Services to be provided;or
Any document of the County,or any document created by the
ii.) the class of individuals to whom,or the Contractor and used in rendering the Services,shall remain
situations in which,the Services will be the property of the County and shall be kept confidential in
provided;or accordance with applicable laws,rules,and regulations.
iii.) the class of individuals to be afforded an 16. Assignment and Subcontracting
opportunity to receive the Services.
a. The Contractor shall not delegate its duties under
10. Nonsectarian Declaration the Contract,or assign,transfer,convey,subcontract,sublet,
or otherwise dispose of the Contract,or any of its right,title
The Services performed under the Contract are secular in or interest therein, or its power to execute the Contract, or
nature No funds received pursuant to the Contract shall be assign all or any portion of the moneys that may be due or
used for sectarian purposes or to further the advancement of become due hereunder, (collectively referred to in this
any religion. The Services will be available to all eligible paragraph 16 as"Assignment"),to any other person,entity or
individuals regardless of religious belief or affiliation. thing without the prior written consent of the County,and any
attempt to do any of the foregoing without such consent shall
11. Governing Law be void ab initio.
The Contract shall be governed by, and construed in b. Such Assignment shall be subject to all of the
accordance with,the laws of the State of New York,without provisions-of the Contract and to any other condition the
regard to conflict of laws. Venue shall be designated in the County requires. No approval of any Assignment shall be
Supreme Court, Suffolk County, the United States District construed as enlarging any obligation of the County under the
Court for the Eastern District of New York,or,if appropriate, terms and provisions of the Contract. No Assignment of the
a court of inferior jurisdiction in Suffolk County. Contract or assumption by any person of any duty of the
Contractor under the Contract shall provide for,or otherwise
12. No Waiver be construed as, releasing the Contractor from any term or
provision of the Contract
It shall not be construed that any failure or forbearance of the
County to enforce any provision of the Contract in any 17. Changes to Contractor
particular instance or instances is a waiver of that provision.
Such provision shall otherwise remain in full force and effect, a. The Contractor may,from time to time,only with
notwithstanding any such failure or forbearance. the County's written consent,enter into a Permitted Transfer.
For purposes of the Contract,a Permitted Transfer means:
13. Conflicts of Interest
i.) if the Contractor is a partnership, the
The Contractor shall not,during the Term,pursue a course of withdrawal or change, whether
conduct which would cause a reasonable person to believe voluntary,involuntary or by operation of
that he or she is likely to be engaged in acts that create a law, of the partners, or transfer of
23 of 38 pages
ARTICLE III
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
partnership interests (other than the vi.) such other information as the County
purchase of partnership interests by may reasonably require
existing partners,by the partnership itself
or the immediate family members by d. The County agrees that any request for its consent
reason of gift, sale or devise), or the to a Permitted Transfer shall be granted, provided that the
dissolution of the partnership without transfer does not violate any provision of the Contract, and
immediate reconstitution thereof,and the transferee has not been convicted of a criminal offense as
described under Article II of Chapter 189 of the Suffolk
ii.) if the Contractor is a closely held County Code. The County shall grant or deny its consent to
corporation (i.e. whose stock is not any request of a Permitted Transfer within twenty(20)days
publicly held and not traded through an after delivery to the County of the Transfer Notice, in
exchange or over the counter): accordance with the provisions of Paragraph 27 of Article III
of the Contract If the County shall not give written notice to
1. the dissolution, merger, the Contractor denying its consent to such Permitted Transfer
consolidation or other (and setting forth the basis for such denial in reasonable
reorganization of the detail)within such twenty(20)-day period,then the County
Contractor;and shall be deemed to have granted its consent to such Permitted
Transfer.
2. the sale or other transfer of
twenty percent(20%)or more e. Notwithstanding the County's consent,
of the shares of the Contractor
(other than to existing i.) the terms and conditions of the Contract
shareholders, the corporation shall in no way be deemed to have been
itself or the immediate family waived or modified;and
members of shareholders by
reason of gift,sale or devise). ii.) such consent shall not be deemed
consent to any further transfers.
b. If the Contractor is a not-for-profit corporation,a
change of twenty percent (20%) or more of its shares or 18. No Intended Third Party Beneficiaries
members shall be deemed a Permitted Transfer.
The Contract is entered into solely for the benefit of the
C. The Contractor shall notify the County in writing, County and the Contractor No third party shall be deemed a
which notice(the"Transfer Notice")shall include: beneficiary of the Contract and no third party shall have the
right to make any claim or assert any right under the Contract.
i.) the proposed effective date of the
Permitted Transfer, which shall not be 19. Certification as to Relationships
- less than thirty(30)days nor more than
one hundred eighty(180)days after the The Contractor certifies under penalties of perjury that,other
date of delivery of the Transfer Notice; than through the funds provided in the Contract and other
valid agreements with the County,there is no known spouse,
ii.) a summary of the material terms of the life partner, business, commercial, economic, or financial
proposed Permitted Transfer; relationship with the County or its elected officials. The
Contractor also certifies that there is no relationship within
iii.) the name and address of the proposed the third degree of consanguinity, between the Contractor,
transferee; any of its partners, members, directors, or shareholders
owning five(5%)percent or more of the Contractor,and the
iv.) such information reasonably required by County The foregoing certification shall not apply to a
the County, which will enable the contractor that is a municipal corporation or a government
County to determine the financial entity.
responsibility, character, and reputation
of the proposed transferee,nature of the 20. Publications
proposed assignee/transferee's business
and experience; Any book,article,report,or other publication related to the
Services provided pursuant to this Contract shall contain the
V.) all executed forms required pursuant to following statement in clear and legible print-
Article
rintArticle IV of the Contract, that are
required to be submitted by the "This publication is fully or partially funded
Contractor,and by the County of Suffolk"
24 of 38 pages
ARTICLE III
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
21. Copyrights and Patents termination of this Contract.
a. Copyrights 22. Arrears to County
Any and all materials generated by or on behalf of the Contractor warrants that, except as may otherwise be
Contractor while performing the Services(including,without authorized by agreement, it is not in arrears to the County
limitation,designs,images,video,reports,analyses,manuals, upon any debt,contract,or any other lawful obligation,and is
films,tests,tutorials,and any other work product of any kind) not in default to the County as surety.
and all intellectual property rights relating thereto ("Work
Product") are and shall be the sole property of the County.
The Contractor hereby assigns to the County its entire right,
title and interest,if any,to all Work Product,and agrees to do
all acts and execute all documents,and to use its best efforts 23. Lawful Hiring of Employees Law in Connection with
to ensure that its employees, consultants, subcontractors, Contracts for Construction or Future Construction
vendors and agents do all acts and execute any documents,
necessary to vest ownership in the County of any and all In the event that the Contract is subject to the Lawful Hiring
Work Product The Contractor may not secure copyright of Employees Law of the County of Suffolk,Suffolk County
protection. The County reserves to itself,and the Contractor Code Article II of Chapter 353,as more fully set forth in the
hereby gives to the County, and to any other person Article entitled"Suffolk County Legislative Requirements,"
designated by the County, consent to produce, reproduce, the Contractor shall maintain the documentation mandated to
publish,translate,display or otherwise use the Work Product. be kept by this law on the construction site at all times.
This paragraph shall survive any completion, expiration or Employee sign-in sheets and register/log books shall be kept
termination of this Contract. on the construction site at all times and all covered
employees, as defined in the law, shall be required to sign
The County shall be deemed to be the author of all the Work such sign-in sheets/register/log books to indicate their
Product. The Contractor acknowledges that all Work Product presence on the construction site during such working hours
shall constitute "work made for hire" under the U.S.
copyright laws. To the extent that any Work Product does not 24. Certification Regarding Lobbying
constitute a "work made for hire," the Contractor hereby
assigns to the County all right,title and interest,including the Together with this Contract and as a condition precedent to
right, title and interest to reproduce, edit, adapt, modify or its execution by the County, the Contractor shall have
otherwise use the Work Product, that the Contractor may executed and delivered to the County the Certification
have or may hereafter acquire in the Work Product,including Regarding Lobbying (if payment under this Contract may
all intellectual property rights therein, in any manner or exceed $100,000) as required by Federal regulations, and
medium throughout the world in perpetuity without shall promptly advise the County of any material change in
compensation. This includes,but is not limited to,the right any of the information reported on such Certification, and
to reproduce and distribute the Work Product in electronic or shall otherwise comply with, and shall assist the County in
optical media,or in CD-ROM,on-line or similar format. complying with, said regulations as now in effect or as
amended during the term of this Contract.
b. Patents
25. Record Retention
If the Contractor develops, invents, designs or creates any
idea, concept, code, processes or other work or materials The Contractor shall retain all accounts,books,records,and
during the Term, or as a result of any Services performed other documents relevant to the Contract for seven(7)years
under the Contract("patent eligible subject matter"),it shall after final payment is made by the County. Federal, State,
be the sole property of the County. The Contractor hereby and/or County auditors and any persons duly authorized by
assigns to the County its entire right,title and interest,if any, the County shall have full access and the right to examine any
to all patent eligible subject matter,and agrees to do all acts of said materials during said period. Such access is granted
and execute all documents, and to use its best efforts to notwithstanding any exemption from disclosure that may be
ensure that its employees, consultants, subcontractors, claimed for those records which are subject to nondisclosure
vendors and agents do all acts and execute any documents, agreements, trade secrets and commercial information or
necessary to vest ownership in the County of any and all financial information that is privileged or confidential
patent eligible subject matter. The Contractor may not apply Without limiting the generality of the foregoing, records
for or secure for itself patent protection. The County reserves directly related to contract expenditures shall be kept for a
to itself,and the Contractor hereby gives to the County,and period of ten(10)years because the statute of limitations for
to any other person designated by the County, consent to the New York False Claims Act(New York False Claims Act
produce or otherwise use any item so discovered and/or the § 192)is ten(10)years.
right to secure a patent for the discovery or invention. This
paragraph shall survive any completion, expiration or 26. Contract Agency Performance Measures and Reporting
25 of 38 pages
ARTICLE III
~ Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Requirements—Local Law No.41-2013
a. If payment under this Contract may exceed
$50,000, it is subject to the requirements of Suffolk County
Local Law No. 41-2013, a Local Law to Implement
Performance Measurement to Increase Accountability and
Enhance Service Delivery by Contract Agencies(Article VIII
of Chapter 189 of the Suffolk County Code)as set forth in
Article IV entitled "Suffolk County Legislative
Requirements."
b. The Contractor shall cooperate with the Department
in all aspects necessary to help carry out the requirements of
the Law. Based on criteria established by the Contractor in
conjunction with the Department,the Contractor shall submit
monthly reports regarding the Contractor's performance
relative to the established criteria, on dates and times as
specified by the Department,as more fully set forth in Article
I and Article IV of this Contract.
C. The Contractor shall submit an annual report to the
Department regarding the Contractor's performance no later
than July 31 of each year of the Term.All performance data
and reports will be subject to audit by the Comptroller
27. Notice
Unless otherwise expressly provided,all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular first class mail and certified mail, or personally
delivered during business hours as follows. 1.) to the
Contractor at the address on page 1 of the Contract and 2.)to
the County at the Department,or as to either of the foregoing,
to such other address as the addressee shall have indicated by
prior written notice to the addressor. All notices received by
the Contractor relating to a legal claim shall be immediately
sent to the Department and also to the County Attorney at H.
Lee Dennison Building, 100 Veterans Memorial Highway,
P 0.Box 6100,(Sixth Floor),Hauppauge,New York,11788-
0099.
End of Text for Article III
26 of 38 pages
ARTICLE III
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
LABOR,LICENSING&CONSUMER AFFAIRS—NOTICE
Article IV OF APPLICATION FOR COUNTY COMPENSATION-
Suffolk County Legislative Requirements LIVING WAGE CERTIFICATION/DECLARATION-
SUBJECT TO AUDIT."
NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE
REQUIREMENTS FORMS REFERENCED HEREIN ARE 3. Use of County Resources to Interfere with Collective
AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON Bargaining Activities
THE SIGNATURE PAGE OF THIS CONTRACT. It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Article I of
1. Contractor's/Vendor's Public Disclosure Statement Chapter 803 of the Suffolk County Code.
It shall be the duty of the Contractor to read,become familiar County Contractors (as defined by section 803-2) shall
with, and comply with the requirements of section A5-8 of comply with all requirements of Chapter 803 of the Suffolk
Article V of the Suffolk County Code County Code,including the following prohibitions,
Unless certified by an officer of the Contractor as being a. The Contractor shall not use County funds to assist,
exempt from the requirements of section A5-8 of Article V of promote,or deter union organizing.
the Suffolk County Code, the Contractor represents and
warrants that it has filed with the Comptroller the verified b. No County funds shall be used to reimburse the
public disclosure statement required by Suffolk County Contractor for any costs incurred to assist,promote,
Administrative Code Article V,section A5-8 and shall file an or deter union organizing.
update of such statement with the Comptroller on or before
the 31st day of January in each year of the Contract's C. No employer shall use County property to hold a
duration. The Contractor acknowledges that such filing is a meeting with employees or supervisors if the
material,contractual and statutory duty and that the failure to purpose of such meeting is to assist, promote, or
file such statement shall constitute a material breach of the deter union organizing.
Contract, for which the County shall be entitled, upon a
determination that such breach has occurred,to damages,in If the Services are performed on County property, the
addition to all other legal remedies,of fifteen percent(15%) Contractor must adopt a reasonable access agreement, a
of the amount of the Contract. neutrality agreement, fair communication agreement, non-
intimidation agreement, and a majority authorization card
Required Form: agreement.
Suffolk County Form SCEX 22; entitled
"Contractor's/Vendor's Public Disclosure Statement" If the Services are for the provision of human services and are
not to be performed on County property,the Contractor must
2. Living Wage Law adopt,at the least,a neutrality agreement
It shall be the duty of the Contractor to read,become familiar Under the provisions of Chapter 803,the County shall have
with, and comply with the requirements of Chapter 575, of the authority,under appropriate circumstances,to terminate
the Suffolk County Code the Contract and to seek other remedies as set forth therein,
for violations of this Law
This Contract is subject to the Living Wage Law of the
County of Suffolk. The law requires that, unless specific Required Form:
exemptions apply, all employers (as defined)under service Suffolk County Labor Law Form DOL-LO 1;entitled"Suffolk
County Department of Labor—Labor Mediation Unit Union
contracts and recipients of County financial assistance, (as
defined) shall provide payment of a minimum wage to Organizing Certification/Declaration-Subject to Audit."
employees as set forth in the Living Wage Law. Such rate
shall be adjusted annually pursuant to the terms of the Suffolk 4. Lawful Hiring of Employees Law
County Living Wage Law of the County of Suffolk.Under
the provisions of the Living Wage Law,the County shall have It shall be the duty of the Contractor to read,become familiar
the authority,under appropriate circumstances,to terminate with, and comply with the requirements of Article II of
the Contract and to seek other remedies as set forth therein, Chapter 353 of the Suffolk County Code.
for violations of this Law
This Contract is subject to the Lawful Hiring of Employees
Required Forms: Law of the County of Suffolk. It provides that all covered
employers, (as defined),and the owners thereof,as the case
Suffolk County Living Wage Form DOL-LW 1/38(Revised may be,that are recipients of compensation from the County
8/2017)entitled"SUFFOLK COUNTY DEPARTMENT OF through any grant, loan, subsidy, funding, appropriation,
27 of 38 pages
ARTICLE IV
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
payment, tax incentive, contract, subcontract, license law,shall be required to sign such sign-in sheets/register/log
agreement, lease or other financial compensation agreement books to indicate their presence on the site during such
issued by the County or an awarding agency, where such working hours.
compensation is one hundred percent(100%)funded by the
County, shall submit a completed sworn affidavit (under Required Forms:
penalty of perjury),the form of which is attached,certifying "SUFFOLK COUNTY DEPARTMENT OF LABOR,
that they have complied,in good faith,with the requirements LICENSING, & CONSUMER AFFAIRS — NOTICE OF
of Title 8 of the United States Code Section 1324a with APPLICATION TO CERTIFY COMPLIANCE WITH
respect to the hiring of covered employees(as defined)and FEDERAL LAW (8 U.S.0 SECTION 1324A) WITH
with respect to the alien and nationality status of the owners RESPECT TO LAWFUL HIRING OF EMPLOYEES,
thereof. The affidavit shall be executed by an authorized Suffolk County Code,Chapter 353 (2006)"DOL-LHE 1/2
representative of the covered employer or owner,as the case (REVISED 8/2017)
may be;shall be part of any executed contract,subcontract,
license agreement, lease or other financial compensation 5. Gratuities
agreement with the County, and shall be made available to
the public upon request It shall be the duty of the Contractor to read,become familiar
with,and comply with the requirements of Chapter 664 of the
All contractors and subcontractors (as defined) of covered Suffolk County Code.
employers,and the owners thereof,as the case may be,that
are assigned to perform work in connection with a County The Contractor represents and warrants that it has not offered
contract, subcontract, license agreement, lease or other or given any gratuity to any official,employee or agent of the
financial compensation agreement issued by the County or County or the State or of any political party,with the purpose
awarding agency, where such compensation is one hundred or intent of securing an agreement or securing favorable
percent(100%) funded by the County, shall submit to the treatment with respect to the awarding or amending of an
covered employer a completed sworn affidavit(under penalty agreement or the making of any determinations with respect
of perjury),the form of which is attached,certifying that they to the performance of an agreement.
have complied,in good faith,with the requirements of Title 8
of the United States Code Section 1324a with respect to the 6. Prohibition Against Contracting with Corporations
hiring of covered employees and with respect to the alien and that Reincorporate Overseas
nationality status of the owners thereof,as the case may be.
The affidavit shall be executed by an authorized It shall be the duty of the Contractor to read,become familiar
representative of the contractor,subcontractor,or owner,as with, and comply with the requirements of sections A4-13
the case may be; shall be part of any executed contract, and A4-14 of Article IV of the Suffolk County Code.
subcontract, license agreement, lease or other financial
compensation agreement between the covered employer and The Contractor represents that it is in compliance with
the County;and shall be made available to the public upon sections A4-13 and A4-14 of Article IV of the Suffolk
request. County Code. Such law provides that no contract for
consulting services or goods and services shall be awarded by
An updated affidavit shall be submitted by each such the County to a business previously incorporated within the
employer,owner,contractor and subcontractor no later than U.S A.that has reincorporated outside the U.S.A.
January 1 of each year for the duration of any contract and
upon the renewal or amendment of the Contract, and
whenever a new contractor or subcontractor is hired under the Child Sexual Abuse Reporting Policy
terms of the Contract
It shall be the duty of the Contractor to read,become familiar
The Contractor acknowledges that such filings are a material, with, and comply with the requirements of Article II of
contractual and statutory duty and that the failure to file any Chapter 880 of the Suffolk County Code.
such statement shall constitute a material breach of the The Contractor shall comply with Article II of Chapter 880,
Contract.
of the Suffolk County Code, entitled"Child Sexual Abuse
Under the provisions of the Lawful Hiring of Employees Reporting Policy,"as now'in effect or amended hereafter or
Law, the County shall have the authority to terminate the of any other Suffolk County Local Law that may become
Contract for violations of this Law and to seek other remedies applicable during the term of the Contract with regard to
available under the law. child sexual abuse reporting policy
The documentation mandated to be kept by this law shall at 8. Non Responsible Bidder
all times be kept on site. Employee sign-in sheets and
register/log books shall be kept on site at all times during It shall be the duty of the Contractor to read,become familiar
working hours and all covered employees, as defined in the with, and comply with the requirements of Article II of
28 of 38 pages
ARTICLE IV
• Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Chapter 189 of the Suffolk County Code. 12. Safeguarding Personal Information of Minors
Upon signing the Contract,the Contractor certifies that it has It shall be the duty of the Contractor to read,become familiar
not been convicted of a criminal offense within the last ten with, and comply with the requirements of Suffolk County
(10)years. The term"conviction"shall mean a finding of Local Law No. 20-2013, a Local Law to Safeguard the
guilty after a trial or a plea of guilty to an offense covered Personal Information of Minors in Suffolk County
under section 189-5 of the Suffolk County Code under
"Nonresponsible Bidder." All contract agencies that provide services to minors are
required to protect the privacy of the minors and are strictly
9. Use of Funds in Prosecution of Civil Actions prohibited from selling or otherwise providing to any third
Prohibited party,in any manner whatsoever,the personal or identifying
information of any minor participating in their programs
It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Article III of 13. Contract Agency Performance Measures and
Chapter 893 of the Suffolk County Code. Reporting Requirements
The Contractor shall not use any of the moneys,in part or in It shall be the duty of the Contractor to read,become familiar
whole, and either directly or indirectly, received under the with, and comply with the requirements of Suffolk County
Contract in connection with the prosecution of any civil Local Law No. 41-2013, a Charter Law to Implement
action against the County in any jurisdiction or any judicial or Performance Measurement to Increase Accountability and
administrative forum. Enhance Service Delivery by Contract Agencies(Article VIII
of Chapter 189 of the Suffolk County Code)as more fully set
10. Youth Sports forth in Article I and Article III of this Contract.
It shall be the duty of the Contractor to read,become familiar All contract agencies having a contract in excess of$50,000
with, and comply with Article III of Chapter 730 of the shall cooperate with the contract's administering department
Suffolk County Code ` to identify the key performance measures related to the
objectives of the services that the contract agency provides
All contract agencies that conduct youth sports programs are and shall develop an annual performance reporting plan.The
required to develop and maintain a written plan or policy contract agency shall cooperate with the administering
addressing incidents of possible or actual concussion or other department and the County Executive's Performance
head injuries among sports program participants.Such plan or Management Team to establish appropriate performance
policy must be submitted prior to the award of a County indicators and targets for monthly evaluation of the contract
contract,grant or funding. Receipt of such plan or policy by agency's performance.
the County does not represent approval or endorsement of
any such plan or policy,nor shall the County be subject to 14. Suffolk County Local Laws Website Address
any liability in connection with any such plan or policy.
Suffolk County Local Laws, Rules and Regulations can be
11. Work Experience Participation accessed on the homepage of the Suffolk County Legislature.
If the Contractor is a not-for-profit or governmental agency or
institution,each of the Contractor's locations in the County at
which the Services are provided shall be a work site for 15. Suffolk County Code of Ethics
public-assistance clients of Suffolk County pursuant to
Chapter 281 of the Suffolk County Code at all times during As required by Suffolk County Standard Operating Procedure
the Term of the Contract. If no Memorandum of A-06, the following is a link to the Suffolk County Ethics
Understanding("MOU")with the Suffolk County Department Booklet,which contains the provisions of the Suffolk County
of Labor for work experience is in effect at the beginning of Code of Ethics:
the Term of the Contract, the Contractor, if it is a not-for-
profit or governmental agency or institution,shall enter into http://www.suffolkcountyny aov/Portals/OBoardofethics/Cod
such MOU as soon as possible after the execution of the e%2Oof%2OEthics%2OBooklet%20-
Contract and failure to enter into or to perform in accordance %2ORevised%2OJanuarv%202017.pdf
with such MOU shall be deemed to be a failure to perform in
accordance with the Contract, for which the County may
withhold payment, terminate the Contract or exercise such End of Text for Article IV
other remedies as may be appropriate in the circumstances.
29 of 38 pages
ARTICLE IV
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
30 of 38 pages
ARTICLE IV
• Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Article V the Suffolk County Department of Audit and
General Fiscal Terms and Conditions Control. Documentation, including any other
form(s)required by County or the Suffolk County
1. General Payment Terms Department of Audit and Control, shall be
furnished to the County pursuant to,and as limited
a. Presentation of Suffolk County Payment by,the Regulations for Accounting Procedures for
Voucher Contract Agencies of the Suffolk County
Department of Audit and Control In addition to
In order for payment to be made by the County to any other remedies that the County may have,
the Contractor for the Services,the Contractor shall failure to supply the required documentation will
prepare and present a Suffolk County Payment disqualify the Contractor from any further County
Voucher,which shall be documented by sufficient, contracts.
competent and evidential matter. Each Suffolk C. Payment by County
County Payment Voucher submitted for payment is
subject to Audit at any time during the Term or any
extension thereof. This provision shall survive Payment by the County shall be made within thirty
expiration or termination of this Contract fora (30) days after approval of the Suffolk County
period of not less than seven(7)years,and access Payment Voucher by the Comptroller.
to records shall be as set forth in paragraph 25 of
Article III,and paragraph 4(b)of Article V. d. Budget Modification
b. Voucher Documentation i.) The parties shall use the Contract Budget
Modification Request form ("Budget
The Suffolk County Payment Voucher shall list all Modification") for revisions to the
information regarding the Services and other items Budget and Services not involving an
for which expenditures have been or will be made increase to the total cost of the Contract.
in accordance with the Contract. Either upon If the Contractor is seeking such a
execution of the Contract(for the Services already modification, the Contractor shall
rendered and expenditures already made), or not contact the Department to receive the
more than thirty(30) days after the expenditures form and enter the required information.
were made, and in no event after the 315L day of When the County and the Contractor
January following the end of each year of the agree as to such revisions,the Contractor
Contract,the Contractor shall furnish the County shall sign the Budget Modification form
with detailed documentation in support of the and return it to the County for execution
payment for the Services or expenditures under the along with any other documentation the
Contract e.g dates of the Service, worksite Department may require.
locations,activities,hours worked,pay rates and all
program Budget categories. The Suffolk County ii.) Such request must be made in advance of
Payment Voucher shall include time records, incurring any expenditure for which the
certified by the Contractor as true and accurate,of revision is needed.
all personnel for whom expenditures are claimed
during the period. Time and attendance records of iii.) Upon complete execution of the Budget
a Contractor's Director/Executive Director shall be Modification form, the County shall
certified by the Chairperson, President or other return a copy to the Contractor. The
designated member of the Board of Directors of the revision shall not be effective until the
Contractor and shall be maintained by the Budget Modification is completely
Contractor for audit. All Suffolk County Payment executed.
Vouchers must bear a signature as that term is
defined pursuant to New York State General iv.) The Budget Modification form may be
Construction Law§46 by duly authorized persons, submitted only twice per calendar year
and certification of such authorization with and may only be submitted prior to
certified specimen signatures thereon must be filed November 151h of that year.
with the County by a Contractor official
empowered to sign the Contract. e. Budget and/or Services Revisions
Disbursements made by the Contractor in
accordance with the Contract and submitted for i.) The parties shall use the Contract
reimbursement must be documented and must Budget/Services Revision Approval
comply with accounting procedures as set forth by Form (Budget/Services Revisions) for
revisions to the Budget and Services
31 of 38 pages
ARTICLE V
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
involving any change to the total cost of Contractor,and
the Contract due to a resolution of the
Legislature, changes to the County's iii.) determine what amounts, if any, are
adopted annual budget,or for any other reimbursable to the County by the
reason necessitating revisions to the Contractor and the terms and conditions
Budget or Services under which such reimbursement shall
ii.) When the County and the Contractor be,paid.
agree as to such revisions, the C. The County may, during the Term, impose a
Department will enter the information Budget Deficiency Plan. In the event that a Budget
into the Budget/Services Revisions form Deficiency Plan is imposed, the County shall
and send it to the Contractor for promptly notify the Contractor in writing of the
signature.The Contractor shall return it terms and conditions thereof, which shall be
to the County for execution along with deemed incorporated in and made a part of the
any other documentation the Department Contract,and the Contractor shall implement those
may require. terms and conditions in no less than fourteen(14)
iii.) Upon complete execution of the form by days.
the parties, the County shall return a 3. Personnel Salaries, Pension and Employee Benefit
copy to the Contractor. The revision
shall not be effective until the Budget Plans,Rules and Procedures
/Services Revisions is completely a. Upon request, the Contractor shall submit to the
executed. County a current copy,certified by the Contractor
f. Taxes as true and accurate,of its
The charges payable to the Contractor under the i.) salary scale for all positions listed in the
Contract are exclusive of federal, state, and local Budget;
taxes,the County being a municipality exempt from ii.) personnel rules and procedures,
payment of such taxes
iii.) pension plan and any other employee
g. Final Voucher benefit plans or arrangements.
The acceptance by the Contractor of payment of all b. The Contractor shall not be entitled to
billings made on the final approved Suffolk County reimbursement for costs under any pension or
Payment Voucher shall operate as and shall be a benefit plan the Comptroller deems commercially
release of the County from all claims by the unreasonable.
Contractor through the date of the Voucher.
C. Notwithstanding anything in this paragraph 3 of
2. Subject to Appropriation of Funds this Article V,the County shall not be-limited in
requesting such additional financial information it
a. The Contract is subject to the amount of funds deems reasonable.
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature, 4. Accounting Procedures
and no liability shall be incurred by the County
beyond the amount of funds appropriated each a. The Contractor shall maintain accounts, books,
fiscal year by the County Legislature for the records, documents, other evidence, and accounting
Services procedures and practices which sufficiently and
properly reflect all direct and indirect costs of any
b.- If the County fails to receive Federal or State funds nature expended in the performance of the Contract,in
originally intended to pay for the Services, or to accordance with generally accepted accounting
reimburse the County, in whole or in part, for principles and with rules, regulations and financial
payments made for the Services,the County shall directives, as may be promulgated by the Suffolk
have the sole and exclusive right to. County Department of Audit and Control and the
Department. The Contractor shall permit inspection
i.) determine how to pay for the Services; and audit of such accounts,books,records,documents
and other evidence by the Department and the Suffolk
ii.) determine future payments to the County Comptroller,or their representatives,as often
32 of 38 pages
ARTICLE V
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
as, in their judgment, such inspection is deemed accountant (the "Auditor") to audit its financial
necessary. Such right of inspection and audit as set statements for each Contractor's"fiscal year"in which
forth in subparagraph b below shall exist during the the Contractor has received, or will receive, three
Term and for a period of seven (7) years after hundred thousand($300,000.00)dollars or more from
expiration or termination of the Contract the County, whether under the Contract or other
agreements with the County,and shall submit a report
b. The Contractor shall retain all accounts, books, to the County on the overall financial condition and
records,and other documents relevant to the Contract operations of the Contractor,including a balance sheet
for seven(7)years after final payment is made by the and statement of income and expenses,attested by the
County Federal, State, and/or County auditors and Auditor as fairly and accurately reflecting the
any persons duly authorized by the County shall have accounting records of the Contractor in accordance
full access and the right to examine any of said with generally accepted accounting principles The
materials during said period. Such access is granted audited financial statements, including respective
notwithstanding any exemption from disclosure that Management Letters must be emailed to the Executive
may be claimed for those records which are subject to Director of Auditing Services at
nondisclosure agreements, trade secrets and Audits@suffolkcountvny.irov within thirty (30) days
commercial information or financial information that is after completion of the audit,but in no event later than
privileged or confidential. nine(9)months after the end of the Contractor's fiscal
year,to which the audit relates. The Contractor may
C. The Contractor shall utilize the accrual basis of solicit requests for proposals from a number of
accounting and will submit all financial reports and qualified accounting firms and review carefully the
-claims based on this method of accounting during the costs of,and qualifications for,this type of work before
Term. selecting the Auditor.
5. Audit of Financial Statements b. The Auditor should be required to meet the following
minimum requirements.
a. All payments made under the Contract are subject
to audit by the Comptroller pursuant to Article V of i.) a current license issued by the New York
the Suffolk County Charter The Contractor further State Education Department;
agrees that the Comptroller and the Department ii.) sufficient auditing experience in the not-
shall have access to and the right to examine,audit, for-profit,governmental or profit-making
excerpt, copy or transcribe any pertinent areas,as applicable;and
transactions or other records relating to services
under the Contract If such an audit discloses iii.) a satisfactory peer review issued within
overpayments by the County to the Contractor, not more than three(3)years prior to the
within thirty (30) days after the issuance of an date when the Auditor was selected to
official audit report by the Comptroller or his duly conduct the audit.
designated representatives, the Contractor shall C. The audit must be conducted in accordance with
repay the amount of such overpayment by check to generally accepted governmental auditing standards.
the order of the Suffolk County Comptroller or Financial statements must clearly differentiate between
shall submit a proposed plan of repayment to the County-funded programs and other programs that the
Comptroller. If there is no response, or if Contractor may be operating The use of subsidiary
satisfactory repayments are not made,the County schedules should be encouraged for this purpose. The
may recoup overpayments from any amounts due or Auditor must also prepare a Management Letter based
becoming due to the Contractor from the County on the audit
under the Contract or otherwise
b. The provisions of this paragraph shall survive the d. "Subrecipients"—Federally Funded Programs andGrants
expiration or termination of the Contract for a
period of seven (7) years, and access to records i.) In the event the Contractor is a"Subrecipient"as
shall be as set forth in paragraph 25 of Article III, that term is defined in 2 CFR § 200.93 and the
and paragraph 4(b)of Article V. Contractor expends seven hundred fifty thousand
6. Financial Statements and Audit Requirements ($750,000.00)dollars or more of Federal moneys,
whether as a recipient expending awards received
a. Notwithstanding any other reporting or certification directly from Federal awarding agencies or as a
requirements of Federal,State,or local authorities,the Contractor expending Federal awards received
Contractor shall obtain the services of an independent from a pass-through entity such as New York State
licensed public accountant or certified public and/or Suffolk County, during any fiscal year
33 of 38 pages
ARTICLE V
e
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
within which it receives funding under the records and financial statements of the Contractor. The
Contract,the audit referred to under this paragraph Contractor shall make such records and financial
6 must be conducted and any the audit report must statements available to authorized representatives of
be in accordance with OMB Uniform Grant Federal,State and County government for that purpose.
Guidance — 2 CFR Part 200 ("Single Audit
Report") Single Audit Reports must also be g. The provisions of this paragraph 6 shall survive the
uploaded to the Federal Audit Clearinghouse, to expiration or termination of the Contract.
the extent required by the OMB Uniform Grant
Guidance referred to above. In addition,the Single
Furniture,Fixtures,Equipment,Materials,Supplies
Audit Report, respective financial statements and
any Management Letters must be submitted to the
Department set forth on page one of this Contract a. Purchases, Rentals or Leases Requiring Prior
and emailed to the Executive Director of Auditing Approval
Services at
subreciaientmonitorinl4Asuffolkcountyny.gov Prior to placing any order to purchase,rent or lease
within thirty (30) days after completion of the any furniture, fixtures, or equipment valued in
audit, but in no event later than nine (9) months excess of one thousand dollars($1,000.00)per unit
after the end of the Contractor's fiscal year, to for which the Contractor will seek reimbursement
which the audit relates. from the County,the Contractor shall submit to the
County a written request for approval to make such
a proposed purchase, rental or lease, with a list
ii.) In the event the Contractor is a"Subrecipient"as showing the quantity and description of each item,
that term is defined in 2 CFR § 200.93 and the its intended location and use,estimated unit price
Contractor expends less than seven hundred fifty or cost, and estimated total cost of the proposed
thousand($750,000.00)dollars of Federal moneys, order. Written approval of the County shall be
whether as a recipient expending awards received
directly from Federal awarding agencies or as a required before the Contractor may proceed with
such proposed purchase, rental or lease of
Contractor expending Federal awards received furniture, fixtures or equipment All items
from a pass-through entity such as New York State purchased must be new or like new unless
and/or Suffolk County, during any fiscal year the specifically described otherwise in the Budget.
Contractor must email a certified Exemption Letter,
the form of which shall be provided by the b. Purchase Practices/Proprietary Interest of
Department,on the Contractor's Letterhead and a County
Schedule of Federal Funds Expended to the
respective County Department and the Executive i.) The Contractor shall follow the general
Director of Auditing Services at practices that are designed to obtain
subrecipientmonitorinensuffolkcountvny g.ov
furniture,
within thirty (30) days of the end of the fixtures,equipment,materials,
Contractor's fiscal year. The Schedule of Federal or supplies at the most reasonable price
or cost possible.
Funds Expended must include all Federal funding
received directly from the Federal government and ii.) The County reserves the right to
all Federal funds passed through from the County purchase or obtain furniture, fixtures,
and other pass-through entities equipment,materials,or supplies for the
Contractor in accordance with the
iii.) Subrecipients may include,but not necessarily be programmatic needs of the Contract. If
limited to, not-for-profit organizations; units of the County exercises this right, the
state government or a unit of local governments. amount budgeted for the items so
purchased or obtained by the County for
e. Copies of any other audit reports including oversight the Contractor shall not be available to
agency audits must be submitted to the Department set the Contractor for any purpose
forth on page one of this Contract and emailed to the whatsoever. Title to any such items
Executive Director of Auditing Services at purchased or otherwise obtained by the
Auditsasuffolkcountvny.gov within thirty(30) days County for the programs encompassed
after completion of the audit(s). by the Contract and entrusted to the
Contractor,shall remain in the County.
f. The requirements set forth in this paragraph 6 shall not
preclude the authorized representatives of the County, iii.) The County shall retain a proprietary
the Comptroller, or Federal or State entities from interest in all furniture, removable
conducting any other duly authorized audit(s) of fixtures, equipment, materials, and
34 of 38 pages
ARTICLE V
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
supplies purchased or obtained by the e. Protection of Property in Contractor's Custody
Contractor and paid for or reimbursed to
the Contractor pursuant to the terms of The Contractor shall maintain vigilance and take all
the Contract or any prior agreement reasonable precautions to protect the furniture,
between the parties. fixtures, equipment, material or supplies in its
custody against damage or loss by fire, burglary,
iv.) The Contractor shall attach labels theft, disappearance, vandalism, or misuse. In the
indicating the County's proprietary event of burglary, theft, vandalism, or
interest or title in all such property disappearance of any item of furniture, fixtures,
equipment, material or supplies, the Contractor
shall immediately notify the police and make a
C. County's Right to Take Title and Possession record thereof,including a record of the results of
any investigation which may be made thereon In
Upon the termination or expiration of the Contract the event of loss of or damage to any item of
or any renewal thereof, the discontinuance of the furniture, fixtures, equipment, materials, or
business of the Contractor, the failure of the supplies from any cause, the Contractor shall
Contractor to comply with the terms of the immediately send the County a detailed written
Contract, the bankruptcy of the Contractor, an report thereon
assignment for the benefit of its creditors, or the
failure of the Contractor to satisfy any judgment f. Disposition of Property in Contractor's Custody
against it within thirty (30) days of filing of the
judgment, the County shall have the right to take Upon termination of the County's funding of any
title to and possession of all furniture,removable of the Services covered by the Contract,or at any
fixtures,equipment,materials,and supplies and the other time that the County may direct, the
same shall thereupon become the property of the Contractor shall make access available and render
County without any claim for reimbursement on the all necessary assistance for physical removal by the
part of the Contractor. County or its designee of any or all furniture,
removable fixtures, equipment, materials or
d. Inventory Records,Controls and Reports supplies in the Contractor's custody in which the
County has a proprietary interest, in the same
The Contractor shall maintain proper and accurate condition as such property was received by the
inventory records and controls for all such Contractor, reasonable wear and tear excepted.
furniture, removable fixtures and equipment Any disposition, settlements or adjustments
acquired pursuant to the Contract and all prior connected with such property shall be in
agreements between the parties,if any Three(3) accordance with the rules and regulations of the
months before the expiration date of the Contract, County and the State of New York.
the Contractor shall make a physical count of all
items of furniture, removable fixtures and g. Lease or Rental Agreements
equipment in its custody, checking each item
against the aforesaid inventory records A report If lease payments or rental costs are included in the Budget as
setting forth the results of such physical count shall an item of expense reimbursable by the County, the
be prepared by the Contractor on a form or forms Contractor shall promptly submit to the County, upon
designated by the County,certified and signed by request, any lease or rental agreement. If during the Term,
an authorized official of the Contractor,and one(1) the Contractor shall enter into a lease or rental agreement,or
copy thereof shall be delivered to the County shall renew a lease or rental agreement,the Contractor shall,
within five (5) days after the date set for the prior to the execution thereof, submit such lease or rental
aforesaid physical count Within five(5)days after agreement,to the County for approval.
the termination or expiration date of the Contract,
the Contractor shall submit to the County six(6) 9. Statement of Other Contracts
copies of the same report updated to such date of
the Contract,certified and signed by an authorized
official of the Contractor,based on a physical count Prior to the execution of the Contract,the Contractor shall
of all items of furniture, removable fixtures and submit a Statement of Other Contracts to the County. If the
equipment on the aforesaid expiration date, and Contract is amended during the Term, or if the County
revised, if necessary, to include any inventory exercises its option right,the Contractor shall submit a then
changes during the last three (3) months of the current Statement of Other Contracts
Term.
10. Miscellaneous Fiscal Terms and Conditions
35 of 38 pages
ARTICLE V
t Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
a. Limit of County's Obligations e. Potential Revenue
The maximum amount to be paid by the County is The Contractor shall actively seek and take
set forth on the first page of the Contract. reasonable steps to secure all potential funding
from grants and contracts with other agencies for
b. Duplicate Payment from Other Sources programs funded by the County.
Payment by the County for the Services shall not f. Payments Contingent upon State/Federal
duplicate payment received by the Contractor from Funding
any other source.
Payments under the Contract may be subject to and
C. Funding Identification contingent upon continued funding by State and/or
Federal agencies. In the event payments are subject
The Contractor shall promptly submit to the to such funding no payment shall be made until the
County upon request, a schedule for all programs Contractor submits documentation in the manner
funded by the County, itemizing for each such and form as shall be required by State and/or
program the sums received, their source and the Federal agency If late submission of claims
total program budget. precludes the County from claiming State or
Federal reimbursement, such late claims by the
d. Outside Funding for Non-County Funded Contractor shall not be paid by the County subject
Activities to subparagraph g. below, if, for any reason, the
full amount of such funding is not made available
Notwithstanding the foregoing provisions of the to the County,the Contract may be terminated in
Contract, it is the intent of the County that the whole or in part, or the amount payable to the
terms and conditions of the Contract shall not limit Contractor may be reduced at the discretion of the
the Contractor from applying for and accepting County, provided that any such termination or
outside grant awards or from providing additional reduction shall not apply to allowable costs
educational activities/services which may result in incurred by the Contractor prior to such
the Contractor incurring additional costs,as long as termination or reduction,and provided that money
the following conditions are met: has been appropriated for payment of such costs.
g. Denial of Aid
i.) The County is not the Fund Source for
the additional services; If a State or Federal government agency is funding
ii.) Sufficient funding is available for or can the Contract and fails to approve aid in
be generated by the Contractor to cover reimbursement to the County for payments made
the cost incurred by the Contractor to hereunder by the County to the Contractor for
provide these additional services;and expenditures made during the Term because of any
act, omission or negligence on the part of the
iii.) If sufficient funding is not available or Contractor, then the County may deduct and
cannot be generated, the County shall withhold from any payment due to the Contractor
not be held liable for any of the an amount equal to the reimbursement denied by
additional costs incurred by the the state or federal government agency, and the
Contractor in furnishing such additional County's obligation to the Contractor shall be
services. reduced by any such amounts In such an event,if
there should be a balance due to the County after it
iv.) Prior to scheduling any such additional has made a final payment to the Contractor under
services on County-owned property,the the Contract, on demand by the County, the
Contractor shall obtain written County Contractor shall reimburse the County for the
approval The Contractor shall, to the amount of the balance due the County,payable to
County's satisfaction, submit any the Suffolk County Comptroller.The provisions of
documentation requested by the this subparagraph shall survive the expiration or
Department reflecting the change, and termination of the Contract.
identify the additional services to be
provided and the source of funding that h. Budget
shall be utilized to cover the
expenditures incurred by the Contractor The Contractor expressly represents and agrees that
in undertaking the additional services the Budget lists all revenue, expenditures,
personnel,personnel costs and/or all other relevant
costs necessary to provide the Services
36 of 38 pages
ARTICLE V
t0
t
Law No. 20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
in the Budget without the prior written approval of
i. Payment of Claims the County.
Upon receipt of a Suffolk County Payment n. Contractor Vacancies
Voucher,the County,at its discretion,may pay the
Contractor during the Term,in advance,an amount The County shall have the right of prior approval of
not to exceed one sixth (1/6) of the maximum the Contractor's filling of any vacant position as of
amount to be paid by the County set forth on the the date of execution of the Contract or as may
first page of the Contract. thereafter become vacant, and, in the exercise of
that right The County may promulgate reasonable
j. Payments Limited to Actual Net Expenditures regulations involving filling of vacancies which
shall be deemed to be incorporated by reference in,
The Contractor agrees that if, for any reason and be made part of, the Contract, provided,
whatsoever,the Contractor shall spend during the however,that subject to the availability of funding,
Term for the purposes set forth to the Contract an approval for the hiring of replacement clerical shall
amount less than, or receive amounts more than, be a Contractor determination
provided in the Budget, the total cost of the
Contract shall be reduced to the net amount of o. No Limitation On Rights
actual Contractor expenditures made for such
purposes. The total amount to be paid by the Notwithstanding anything to this Article V to the
County shall not exceed the lesser of(i)actual net contrary, the County shall have available to it all
expenditures or(ii)the total cost of the Contract on rights and remedies under the Contract and at law
the' cover page and in the Budget. Upon and equity.
termination or expiration of the Contract, if the
Contractor's total amount of allowable expenses is P. Comptroller's Rules and Regulations
less than the total amount of the payments made
during the Term, the Contractor shall prepare a The Contractor shall comply with the
check payable to the Suffolk County Comptroller "Comptroller's Rules and Regulations for
for the difference between the two amounts and Consultant's Agreements" as promulgated by the
submit such payment to the County,along with the Department of Audit and Control of Suffolk
final Suffolk County Payment Voucher. County and any amendments thereto during the
Term of the Contract. The"Comptroller's Rules
k. Travel, Conference, and Meeting Attendance: and Regulations for Consultant's Agreements"and
SOP A-07 Amendment 1 "SOP A-07 Amendment 1"may be viewed online
at the County's website,SuffolkCountyny.gov;go
Reimbursement to the Contractor for travel costs to "Government," then "Comptroller," then
shall not exceed amounts allowed to County "Consultant's Agreements."
employees. All conferences that are partially or
fully funded by the County that the Contractor's
staff wishes to attend must be pre-approved, in End of Text for Article V
writing,by the County and must be in compliance
with Suffolk County Standard Operating Procedure
A-07 which may be viewed online at the County's
website, SuffolkCountyny.gov; go to
"Government," then "Comptroller," then
"Consultant's Agreements"
I. Salaries
The Contractor shall not be eligible to receive any
salary reimbursement until proof of deposit or
payment of all withholding and payroll taxes to the
Federal/State governments has been provided to the
County.
M. Salary Increases
No salary, wage, or other compensation for the
Services shall be increased over the amount stated
37 of 38 pages
ARTICLE V
Ae
a '
Law No.20—AG IFMS No. 00000010323
Rev. 8/6/19 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Article VI
Budget
Town of Southold
AAA Transportation Program
April 1,2019—March 31, 2020
Personnel 8,378
Drivers 8,378
Fringe 640
Fringe 640
NET REIMBURSEMENT s9JM
38 of 38 pages
ARTICLE VI
041
'4 VS u
RECEIVED
NOV 1 9 2019
Office of the Town Attorney Southold Town Clerk
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: November 18, 2019
Subject: Agreement between Town of Southold Office for the Aging
AAA Transportation Program 4/1/19-3/31-20
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: Accounting