HomeMy WebLinkAboutSC Office for the Aging - AAA Transportation Program ®SUFFot RECEIVED
NOV - 3 2021
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Southold Town Clerk
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Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: November 1, 2021
Subject: Agreement with County of Suffolk Office of the Aging
AAA Transportation
With respect to the above-referenced matter, I am enclosing the original
Agreement
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/mm
Enclosures
Cc: Accounting
COUNTY OF SUFFOLK
r�
Steven Bellone
COUNTY EXECUTIVE
OFFICE FOR THE AGING
Holly S.Rhodes-Teague
DIRECTOR
October 18th, 2021
The Honorable Scott A. Russell, Supervisor
Town of Southold RECEIVED
53095 Main Road
PO Box 1179 NOV - 3 2021
Southold, NY 11971
RE: AAA Transportation Southold Town Clerk
Dear Supervisor Russell,
The fully executed Agreement referenced above is enclosed for your files.
Attached is a copy of All Department Heads Memorandum 30-97 explaining budget
modification requirements. Any budget modification not meeting these requirements
may be delayed or rejected by the Budget Office.
Also enclosed find the Notification of Rights, which must be posted as part of your
compliance with Local Law No. 12-2001, the Living Wage Law.
If you require any further information, please contact Ellen Frankino at 853-8262.
Sincerely,
EIen F ankino
Senior Contracts Examiner
EF:ld
Enclosures
cc: Ellen Frankino
Karen McLaughlin
H LEE DENNISON BUILDING ♦ 100 VETERANS MEMORIAL HIGHWAY ♦ P O BOX 6100 ♦ HAUPPAUGE,N Y 11788-0099
♦ PHONE(631)853-8200 s FAX(631)853-8225
J ,
-Rev! 9/10/21 Law No. 21—AG.-0Ifa- IFMS No. 00000012515
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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 1,2021 through March 31,2022;with an option,to be exercised at the County's
discretion,to September 30,2022 on the same terms and conditions herein.
Service Levels: 1,200 Units of Transportation Service
100 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,the parties hereto have executed the Contract as of the latest date written below.
Town of Southold County of Sluff
By: By:
Scott A. Russell Lisa M. Black
Supervisor Chief Deputy County Executive
Fed. Taxpay r IDA 11-6001939 Date
¢
Date 3 �
Approved:
�CC?� 7Ru sst hereby Department
certifies under penalties of perjury that I am an officer of By. C
7c1n 0) �T bl& I Holly Rhodes-Teague
that I have rea and I am familiar with§A5-8 of Director, Office fo the Aging
Article V of the Suffolk County Code, and that Date 10 Z�
meets all requirements to qualify for exemption
thereunder. Recommen ed:
Name Dat By:'4�14
�C - fit I Michelle Belsky
Food Service Sup rvisor
�—
Approved as to Form: Date
Dennis M. Cohen
Suffolk Cou A y11 1111111111111
By. Nira ' n G. Sagapuram 0068381
Assistant County Ap6m
Date
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List 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 and Employment
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 Parry Beneficiaries
19. Certification as to Relationships
20. Publications
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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
7. Furniture, Fixtures, Equipment, Materials, Supplies
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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
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Article I
Description of Services
Town of Southold
AAA Transportation Program
Whereas,the Contractor has been identified in the 2021 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.
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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
population groups (minority, low-income, frail, vulnerable).
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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).
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.
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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;
C) 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.
• For individuals with vision impairments: qualified readers,taped texts, audio recordings,
Brailed materials, large print materials, and assistance in locating items.
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• 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(8ffi) 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.
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
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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
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.
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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. 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 subj ect to Suffolk County Local Law No.
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 lLtp://suffolkstat.suffolkcouptyny.gov.
There are no KPI's reported for this contract now.
End of Text for Article I
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Contractor's Proposal &
Response for Equal Access & Targeting
AAA Transportation
End of Article I
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oq��' pp
4f���C
Karen McLaughlin �,� fig+ Nutrition Program
Town Director of Human Services `��' t Home Delivered Meals
Town of Southold a Case Management
750 Pacific Street Essential Transportation
P.O.Box 85 10-11 .' Senior Adult Day Care
i Mattituck,NY 11952Katinka House
Tel.(631)298-4460 Telephone Reassurance
Fax(631)298-4462 Residential Repair
1
Town of Southold
f
} AAA Transportation Services
i April 1, 2021- March 31, 2022
1
Program Narrative:
Southold Town Senior Services 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
i 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 4/1/20-3/31/21 program year, Southold Town Senior Services provided 372 units for senior
consumers.The reduction in service delivery units was a direct result of safety restrictions in place
i
for much of the program year due to COVID-19. Some of these restrictions were eased temporarily in
April 2021 and demand responsive transportation services increased accordingly.
Under normal circumstances Southold Town Senior Services provides medical transportation
throughout Suffolk County and does not restrict travel within town boundaries. Currently we are not
proving transportation beyond Riverhead.This modification is necessary to avoid prolonged contact
during extended travel times. We added a new van to our fleet in 2021 with adjustable track seating
to safely space passengers.All passengers and staff are required to wear masks during travel and
the vehicles are cleaned and sanitized after each use. Typically appointments are scheduled months
in advance on a first come first serve basis.We do request that seniors not exceed 3 visits a month
so there is sufficient availability for all seniors requesting our service.
We are currently seeing an increased demand for transportation to oncology, radiation and
physical therapy appointments. Many seniors and medical providers deferred necessary medical
treatment due to COVID-19 and are now pursuing that care. This funding will allow us to supplement
our existing program by allocating additional hours of service to improve availability.We are also
trying to improve shopping assistance services for seniors as demand increased
during COVID-19.
ti
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.
The Senior citizens Bus Supervisor will be responsible for all scheduling and direct supervision of
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
i Senior Services continues our commitment to our goal of providing transportation services to
I
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 %
which was above our targeting goal of 3.47%. For the 2020-21 program year our unduplicated
transportation service was provided to 33 seniors which was far below the projected 110. Again,
COVID-19 closures and restrictions had a direct impact on our program. For the 2021-22 program
year,our goal is to serve 600 units of service to 70 unduplicated seniors.This projection takes into
account the potential impact returning COVID-19 restrictions may have on units of service delivered
and specific outreach activities.
We are hoping to increase visibility and improve access 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(12-131 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 also provide information on the Town's website
informing Southold residents, community service organizations and local churches about the
Y
r
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 through existing print
I outreach, i.e. brochures, newspapers, senior center menus and activity calendars. In addition,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 encourage seniors to
fully utilize senior programs, including transportation,and specifically target 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 instrumental in providing valuable outreach on our services through referrals and direct
scheduling with our office.
Southold Town Senior Services is partnered with Family Service League of Suffolk County
NNORC Program.The goal of the NNORC, LI Sound Senior Care, is to improve the quality of life
i for geographically isolated seniors in Greenport West and Greenport Village. Our partnership will
i
f allow for greater collaboration and direct access to the low income minority elderly in this
i 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
i
awareness of available services to the lesbian community on the North Fork. In 2011, we initiated a
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 Services began our partnership with the Nassau-Suffolk Hospital
Council and became a host site for the ConsumerAssistance for the Aged, Certified Blind and
Cued 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.
I
i
j 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.
I
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, community health care providers and
hospitals.
• Word of mouth from satisfied seniors.
• Church Bulletins.
i • Continue to be featured on Southold Town Government Cablevision Channel 22.
r
• Announcements at the local senior meetings and monthly caregivers group.
9
• 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.
i
• 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.
• Co-location of NNORC Program at the Senior Center's Community Outreach Office.
Please note, satisfaction surveys are completed annually and all participants are provided an
opportunity to make a voluntary and anonymous contribution.
Rev. 9/10/21 Law No. 22—AG IF'MS No. 00000012515
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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 Pile 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.
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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
followed. If appropriate, the Suffolk County Office for the Aging Director or his/her designee
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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. Recordkeeping
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.
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ARTICLE I
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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):
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Please state, if you know, what relief you are seeking:
Signed:
Name (print):
Date:
Address:
Phone Number:
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Article II d. the Contractor's failure to comply with any
Definitions Federal,State or local law,rule,or regulation,and
County policies or directives;or
1. Meanings of Terms
e. the Contractor's bankruptcy or insolvency;or
As used herem:
L the Contractor's failure to cooperate in an Audit of
"Audit of Financial Statements"means the examination by Financial Statements;or
the Comptroller and any Federal or State auditing authority of
the financial statements of the Contractor resulting in the g. the Contractor's falsification of records or reports,
publication of an independent opinion on whether or not those misuse of funds,or malfeasance or nonfeasance in
financial statements are relevant,accurate,complete,and fairly financial record keeping arising out of, or in
presented. connection with,any contract with the County;or
"Budget"means the Contractor's summary or plan of all h. the Contractor's failure to submit, or failure to
intended revenue,whether received in the form of fees,grants,County timely submit,documentation to obtain Federal or
funding,or any other source,and expenditures necessary to render the State funds,or
Services.
i. the inability of the County or the Contractor to
"Budget Deficiency Plan" means an analysis of the cost of the obtain Federal or State funds due to any act or
Services,changes in fiscal conditions,and required modifications to the omission of the Contractor;or
Contract to continue to render the Services.
j. any condition that the County determines, in its
"Comptroller"means the Comptroller of the County of Suffolk sole discretion,is dangerous.
"Contract"means all terms and conditions of this Contract forming all k. the failure to comply with Local Law 41-2013 and
rights and obligations of the Contractor and the County. related contractual requirements.
"Contractor" means the signatory corporation, its officers, officials, "Federal"means the United States government, its departments, and
employees, agents, servants, sub-contractors, volunteers, and any agencies.
successor or assign of any one or more of the foregoing performing the
Services. "Fringe Benefits"means non-wage benefits which accompany,or are
in addition to, a person's salary, such as paid insurance, sick leave,
"County"means the County of Suffolk,its departments,and agencies. profit-sharing plans,paid holidays,and vacations.
"County Attorney" means the County Attorney of the County of "Fund Source" means any direct or indirect sum payable to the
Suffolk. Contractor by the County pursuant to any lawful obligation
"Department"means the signatory department approving the Contract. "Legislature"means the Legislature of the County of Suffolk.
"Engineering Services" means the definition of the practice of "Management Letter" means a letter certified as true by the
engineering and the definition of practice of land surveying,as the case Contractor's certified public accountant or chief financial officer of
may be, under Section 7201 and Section 7203 of the State Education findings and recommendations for improvements in internal fiscal
Law,respectively. control that were identified during an Audit of Financial Statements,but
which were not required to be included in an audit report.
"Event of Default"means
"Municipal Corporation"means a town,village,or school district.
a. the Contractor's failure to perform any duty
required of it under paragraphs 1(b)-(e)of Article "Services"means all that which the Contractor must do,and any part
III of the Contract;or thereof arising out of,or in connection with,the Contract as described
in Article I"Description of Services."
b. the Contractor's failure to maintain the amount and
types of insurance with an authorized insurer as "State"means the State of New York.
required by the Contract;or
"Statement of Other Contracts" means a complete list of all other
C. the Contractor's failure to maintain insurance contracts under which money has been or will be paid to the Contractor
required by the Contract with an insurer that has from the County, Federal, or State governments, or a Municipal
designated the New York Superintendent of Corporation, and (i) which are currently in effect or (ii) which have
Insurance as its lawful agent for service of process, expired within the past twelve(12)months and have not been renewed
or
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ARTICLE II
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"Suffolk County Payment Voucher"means the document authorized
and required by the Comptroller for release of payment.
"Term"means the time period set forth on page one of the Contract
and,if exercised by the County,the option period
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the femmine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms, associations,
partnerships(including limited partnerships),trusts,corporations,and
other legal entities,including public bodies,as well as natural persons,
and shall include successors and assigns.
Capitalized terms used,but not otherwise defined,herein,shall have the
meanings assigned to them in the Contract.
End of Text for Article II
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Article III Contract remains to be performed, and the
General Terms and Conditions termination of the license does not affect the
Contractor's ability to render the Services, every
1. Contractor Responsibilities other term and provision of the Contract shall be
valid and enforceable to the fullest extent permitted
a. Duties and Obligations by law.
i.) It shall be the duty of the Contractor to d. Documentation of Professional Standards
discharge, or cause to be discharged, all of its
responsibilities,and to administer funds received in The Contractor shall maintain on file, in one location in
the interest of the County in accordance with the Suffolk County, all records that demonstrate that it has
provisions of the Contract. complied with sub-paragraphs(b)and(c)above. The address
of the location of the aforesaid records and documents shall
ii.) The Contractor shall promptly take all be provided to the County no later than the date of execution
action as may be necessary to render the Services. of the Contract. Such documentation shall be kept,
maintained,and available for inspection by the County upon
iii.) The Contractor shall not take any action twenty-four(24)hours notice.
that is inconsistent with the provisions of the
Contract. e. Credentialing
iv.) Services provided under this Contract i.) In the event that the Department,or any
shall be open to all residents of the County. division thereof,maintains a credentialing process
to qualify the Contractor to render the Services,the
b. Qualifications, Licenses, and Professional Contractor shall complete the required
Standards credentialing process. In the event that any State
credential, registration, certification or license,
The Contractor represents and warrants that it has,and shall Drug Enforcement Agency registration, or
continuously possess,during the Term,the required licensing, Medicare or Medicaid certification is restricted,
education,knowledge,experience,and character necessary to suspended,or temporarily or permanently revoked,
qualify it to render the Services. it is the duty of the Contractor to contact the
Department,or division thereof;as the case may be,
The Contractor shall continuously have during the Term all in writing,no later than three(3) days after such
required authorizations, certificates, certifications, restriction,suspension,or revocation.
registrations,licenses,permits,and other approvals required
by Federal, State, County, or local authorities necessary to ii.) The Contractor shall forward to the
qualify it to render the Services. Department,or division thereof as the case may be,
on or before July 1 of each year during the Term,a
C. Notifications complete list of the names and addresses of all
persons providing the Services, as well as their
i.) The Contractor shall immediately notify respective areas of certification, credentialing,
the County, in writing, of any disciplinary registration,and licensing.
proceedings, commenced or pending, with any
authority relating to a license held by any person f. Engineering Certificate
necessary to qualify him,her,or the Contractor to
perform the Services. In the event that the Contract requires any Engineering
Services,the Contractor shall submit to the County,no later
ii.) In the event that a person is no longer than the due date for submission for approval of any
licensed to perform the Services, the Contractor engineering work product, the Certificate of Authorization
must immediately notify the County, but in no ("Certificate"), issued pursuant to § 7210 of the New York
event shall such notification be later than five(5) i Education Law,of every person performing any Engineering
days after a license holder has lost the license Services. The failure to file, submit, or maintain the
required to qualify the license holder or the Certificate shall be grounds for refection of any engineering
Contractor to perform the Services. work product submitted for approval.
iii.) In the event that the Contractor is not 2. Termination
able to perform the Services due to a loss of
license,the Contractor shall not be reimbursed for a. Thirty Days Termination
the Services rendered after the effective date of
termination of such license. Without limiting the The County shall have the right to terminate the Contract
generality of the foregoing, if any part of the without cause,for any reason, at any time,upon such terms
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and conditions it deems appropriate,provided,however,that
no such termination shall be effective unless the Contractor is b. The Contractor hereby represents and warrants that
given at least thirty(30)days'notice. it will not infringe upon any copyright in performing the
Services. The Contractor agrees that it shall protect,
b. Event of Default;Termination on Notice indemnify,and hold harmless the County,its agents,servants,
officials,and employees from and against all liabilities,fines,
i.) The County may immediately terminate penalties, actions, damages, claims, demands, judgments,
the Contract, for cause, upon such terms and losses,suits or actions,costs,and expenses arising out of any
conditions it deems appropriate, in the Event of claim asserted for infringement of copyright, including
Default. reimbursement of the cost of reasonable attorneys' fees
incurred by the County, its agents, servants, officials, and
ii.) If the Contractor defaults under any other employees in any action or proceeding arising out of or in
provision of the Contract, the County may connection with any claim asserted for infringement of
terminate the Contract, on not less than five (5) copyright.
days' notice, upon such terms and conditions it
deems appropriate C. The Contractor shall defend the County,its agents,
servants, officials, and employees in any proceeding or
C. Termination Notice action, including appeals, arising out of, or in connection
with, the Contract, and any copyright infringement
Any notice providing for termination shall be delivered as proceeding or action Alternatively, at the County's option,
provided for in paragraph 27 of this Article III. the County may defend any such proceeding or action and
require the Contractor to pay reasonable attorneys' fees or
d. Duties upon Termination salary costs of County employees of the Department of Law
for the defense of any such suit.
i.) The Contractor shall discontinue the
Services as directed in the termination notice. 4. Insurance
ii.) Subject to any defenses available to it, a. The Contractor shall continuously maintain,during
the County shall pay the Contractor for the the Term of the Contract,insurance in amounts and types as
Services rendered through the date of termination. follows:
iii.) The County is released from any and all
liability under the Contract,effective as of the date i.) Commercial General Liability insurance,
of the termination notice. including contractual liability coverage, in an
amount not less than Two Million Dollars
iv.) Upon termination, the Contractor shall ($2,000,000 00) per occurrence for bodily injury
reimburse the County the balance of any funds and Two Million Dollars ($2,000,000.00) per
advanced to the Contractor by the County no later occurrence for property damage. The County shall
than thirty (30) days after termination of the be named an additional insured.
Contract. The provisions of this subparagraph shall
survive the expiration or termination of the ii.) Automobile Liability insurance (if any
Contract. non-owned or owned vehicles are used by the
Contractor in the performance of the Contract)in
V.) Nothing contained in this paragraph shall an amount not less than Five Hundred Thousand
be construed as a limitation on the County's rights Dollars($500,000.00)per person,per accident,for
set forth in paragraphs 1(c) (iii) and 8 of this bodily injury and not less than One Hundred
Article III Thousand Dollars ($100,000.00) for property
damage per occurrence.The County shall be named
3. Indemnification and Defense an additional insured.
a. The Contractor shall protect,indemnify,and hold iii.) Workers'Compensation and Employer's
harmless the County, its agents, servants, officials, and Liability insurance,Disability Benefits insurance,
employees from and against all liabilities, fines, penalties, including coverage for Paid Family Leave Benefits
actions,damages,claims, demands,judgments,losses,suits in compliance with all applicable New York State
or actions, costs, and expenses caused by the negligence or laws and regulations and Disability Benefits
any acts or omissions of the Contractor, including insurance,if required by law. The Contractor shall
reimbursement of the cost of reasonable attorneys' fees furnish to the County,prior to its execution of the
incurred by the County, its agents, servants, officials, and Contract,the documentation required by the State
employees in any action or proceeding arising out of, or in of New York Workers' Compensation Board of
connection with,the Contract. coverage or exemption from coverage pursuant to
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§§57 and 220 of the Workers'Compensation Law anything contained in this Contract,the Contract shall not be
In accordance with General Municipal Law§108, construed as creating a principal-agent relationship between
the Contract shall be void and of no effect unless the County and the Contractor or the Contractor and the
the Contractor shall provide and maintain coverage County,as the case may be.
during the Term for the benefit of such employees
as are required to be covered by the provisions of 6. Severability
the Workers'Compensation Law.
It is expressly agreed that if any term or provision of this
iv.) Professional Liability insurance in an Contract, or the application thereof to any person or
amount not less than Two Million Dollars circumstance, shall be held invalid or unenforceable to any
($2,000,000.00) on either a per-occurrence or extent, the remainder of the Contract, or the application of
claims-made coverage basis. such term or provision to persons or circumstances other than
those as to which it is held invalid or unenforceable,shall not
b. The County may mandate an increase in the liability be affected thereby,and every other term and provision of the
limits set forth in the immediately preceding paragraphs Contract shall be valid and shall be enforced to the fullest
(4)(a)(i),(ii),and(iv). extent permitted by law
C. All policies providing such coverage shall be issued 7. Merger;No Oral Changes
by insurance companies authorized to do business in New
York with an A.M.Best rating of A-or better. It is expressly agreed that the Contract represents the entire
agreement of the parties and that all previous understandings
d. The Contractor shall furnish to the County,prior to are herein merged in the Contract. No modification of the
the execution of the Contract, declaration pages for each Contract shall be valid unless in written form and executed by
policy of insurance, other than a policy for commercial both parties.
general liability insurance, and upon demand, a true and
certified original copy of each such policy evidencing 8. Set-Off Rights
compliance with the aforesaid insurance requirements.
The County shall have all of its common law,equitable,and
e. In the case of commercial general liability insurance statutory rights of set-off. These rights shall include,but not
the Contractor shall furnish to the County, prior to the be limited to,the County's option to withhold from a Fund
execution of the Contract, a declaration page or insuring Source an amount no greater than any sum due and owing to
agreement and endorsement page evidencing the County's the County for any reason. The County shall exercise its set-
status as an additional insured on said policy, and upon off rights subject to approval by the County Attorney In
demand, a true and certified original copy of such policy cases of set-off pursuant to a Comptroller's audit,the County
evidencing compliance with the aforesaid insurance shall only exercise such right after the finalization thereof,
requirements. and only after consultation with the County Attorney.
f. All evidence of insurance shall provide for the 9. Non-Discrimination in Services and Employment
County to be notified in writing thirty(30)days prior to any
cancellation,nonrenewal,or material change in the policy to a. The Contractor shall not, on the grounds of race,
which such evidence relates. It shall be the duty of the creed, color, national origin, sex, age, disability, sexual
Contractor to notify the County immediately of any orientation,military status,or marital status
cancellation,nonrenewal,or material change in any insurance
policy. i.) deny any individual the Services
provided pursuant to the Contract;or
g. In the event the Contractor shall fail to provide ii.) provide the Services to an individual that
evidence of insurance,the County may provide the insurance is different, or provided in a different
required in such manner as the County deems appropriate and manner, from those provided to others
deduct the cost thereof from a Fund Source. pursuant to the Contract;or
iii.) subject an individual to segregation or
h. If the Contractor is a Municipal Corporation and separate treatment in any matter related
has a self-insurance program under which it acts as a self- to the individual's receipt of the Services
insurer for any of such required coverage,the Contractor shall provided pursuant to the Contract;or
provide proof, acceptable to the County, of self-funded iv.) restrict an individual in any way from
coverage. any advantage or privilege enjoyed by
others receiving the Services provided
5. Independent Contractor pursuant to the Contract;or
V.) treat an individual differently from others
The Contractor is not, and shall never be, considered an in determining whether or not the
employee of the County for any purpose. Notwithstanding individual satisfies any eligibility or
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other requirements or conditions which shall continue as long as the Term.The determination as to
individuals must meet in order to receive whether or when a conflict may potentially exist shall
the Services provided pursuant to the ultimately be made by the County Attorney after full
Contract;or disclosure is obtained.
vi.) discriminate against employees or
applicants for employment. 14. Cooperation on Claims
b. The Contractor shall not utilize criteria or methods The Contractor and the County shall render diligently to each
of administration which have the effect of subjecting other, without compensation, any and all cooperation that
individuals to discrimination because of their race, creed, may be required to defend the other party,its employees and
color,national origin,sex,age,disability,sexual orientation, designated representatives, against any claim, demand or
military status, or marital status, or have the effect of action that may be brought against the other party, its
substantially impairing the Contract with respect to employees or designated representatives arising out of,or in
individuals of a particular race,creed,color,national origin, connection with,the Contract.
sex, age, disability, sexual orientation, military status, or
marital status,in determining: 15. Confidentiality
i.) the Services to be provided;or Any document of the County,or any document created by the
Contractor and used in rendering the Services, shall remain
ii.) the class of individuals to whom,or the the property of the County and shall be kept confidential in
situations in which,the Services will be accordance with applicable laws,rules,and regulations.
provided;or
16. Assignment and Subcontracting
iii.) the class of individuals to be afforded an
opportunity to receive the Services. a. The Contractor shall not delegate its duties under
the Contract,or assign,transfer,convey,subcontract,sublet,
10. Nonsectarian Declaration or otherwise dispose of the Contract,or any of its right,title
or interest therein, or its power to execute the Contract, or
The Services performed under the Contract are secular in assign all or any portion of the moneys that may be due or
nature. No funds received pursuant to the Contract shall be become due hereunder, (collectively referred to in this
used for sectarian purposes or to further the advancement of paragraph 16 as"Assignment"),to any other person,entity or
any religion. The Services will be available to all eligible thing without the prior written consent of the County,and any
individuals regardless of religious belief or affiliation. attempt to do any of the foregoing without such consent shall
be void ab initio.
11. Governing Law
b. Such Assignment shall be subject to all of the
The Contract shall be governed by, and construed in provisions of the Contract and to any other condition the
accordance with,the laws of the State of New York,without County requires. No approval of any Assignment shall be
regard to conflict of laws.Venue shall be designated in the construed as enlarging any obligation of the County under the
Supreme Court, Suffolk County, the United States District terms and provisions of the Contract. No Assignment of the
Court for the Eastern District of New York,or,if appropriate, Contract or assumption by any person of any duty of the
a court of inferior jurisdiction in Suffolk County. Contractor under the Contract shall provide for,or otherwise
be construed as, releasing the Contractor from any term or
12. No Waiver provision of the Contract.
It shall not be construed that any failure or forbearance of the 17. Changes to Contractor
County to enforce any provision of the Contract in any
particular instance or instances is a waiver of that provision a. The Contractor may,from time to time,only with
Such provision shall otherwise remain in full force and effect, the County's written consent,enter into a Permitted Transfer
notwithstanding any such failure or forbearance. For purposes of the Contract,a Permitted Transfer means:
13. Conflicts of Interest i.) if the Contractor is a partnership, the
withdrawal or change, whether
The Contractor shall not,during the Term,pursue a course of voluntary,involuntary or by operation of
conduct which would cause a reasonable person to believe law, of the partners, or transfer of
that he or she is likely to be engaged in acts that create a partnership interests (other than the
substantial conflict between its obligations under the Contract purchase of partnership interests by
and its private interests The Contractor is charged with the existing partners,by the partnership itself
duty to disclose to the County the existence of any such or the immediate farmly members by
adverse interests, whether existing or potential. This duty reason of gift, sale or devise), or the
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dissolution of the partnership without the transferee has not been convicted of a criminal offense as
immediate reconstitution thereof,and described under Article II of Chapter 189 of the Suffolk
County Code. The County shall grant or deny its consent to
ii.) if the Contractor is a closely held any request of a Permitted Transfer within twenty(20)days
corporation (i.e. whose stock is not after delivery to the County of the Transfer Notice, in
publicly held and not traded through an accordance with the provisions of Paragraph 27 of Article III
exchange or over the counter): of the Contract. If the County shall not give written notice to
the Contractor denying its consent to such Permitted Transfer
1. the dissolution, merger, (and setting forth the basis for such denial in reasonable
consolidation or other detail)within such twenty(20)-day period,then the County
reorganization of the shall be deemed to have granted its consent to such Permitted
Contractor;and Transfer.
2. the sale or other transfer of e. Notwithstanding the County's consent,
twenty percent(20%)or more
of the shares of the Contractor i.) the terms and conditions of the Contract
(other than to existing shall in no way be deemed to have been
shareholders, the corporation waived or modified;and
itself or the immediate family
members of shareholders by ii.) such consent shall not be deemed
reason of gift,sale or devise). consent to any further transfers.
b. If the Contractor is a not-for-profit corporation, a 18. No Intended Third Party Beneficiaries
change of twenty percent (20%) or more of its shares or
members shall be deemed a Permitted Transfer The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed a
C. The Contractor shall notify the County in writing, beneficiary of the Contract and no third party shall have the
which notice(the"Transfer Notice")shall include: right to make any claim or assert any right under the Contract.
i.) the proposed effective date of the 19. Certification as to Relationships
Permitted Transfer, which shall not be
less than thirty(30) days nor more than The Contractor certifies under penalties of perjury that to the
one hundred eighty(180)days after the best of its knowledge,other than through the funds provided
date of delivery of the Transfer Notice; in the Contract and other valid agreements with the County,
there is no known spouse,life partner,business,commercial,
ii.) a summary of the material terms of the economic, or financial relationship with the County or its
proposed Permitted Transfer; elected officials. The Contractor also certifies to the best of
its knowledge that there is no relationship within the third
iii.) the name and address of the proposed degree of consanguinity, between the Contractor, any of its
transferee; partners, members, directors, or shareholders owning five
(5%)percent or more of the Contractor,and the County. The
iv.) such information reasonably required by foregoing certification shall not apply to a contractor that is a
the County, which will enable the municipal corporation or a government entity
County to determine the financial
responsibility, character, and reputation 20. Publications
of the proposed transferee,nature of the
proposed assignee/transferee's business Any book,article, report,or other publication related to the
and experience; Services provided pursuant to this Contract shall contain the
following statement in clear and legible print:
V.) all executed forms required pursuant to
Article IV of the Contract, that are "This publication is fully or partially funded
required to be submitted by the by the County of Suffolk."
Contractor,and
21. Copyrights and Patents
vi.) such other information as the County
may reasonably require. a. Copyrights
d. The County agrees that any request for its consent Any and all materials generated by or on behalf of the
to a Permitted Transfer shall be granted, provided that the Contractor while performing the Services(including,without
transfer does not violate any provision of the Contract,and limitation,designs,images,video,reports,analyses,manuals,
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films,tests,tutorials,and any other work product of any kind)
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 23. Lawful Hiring of Employees Law in Connection with
all acts and execute all documents,and to use its best efforts Contracts for Construction or Future Construction
to ensure that its employees, consultants, subcontractors,
vendors and agents do all acts and execute any documents, In the event that the Contract is subject to the Lawful Hiring
necessary to vest ownership in the County of any and all of Employees Law of the County of Suffolk,Suffolk County
Work Product The Contractor may not secure copyright Code Article II of Chapter 353,as more fully set forth in the
protection. The County reserves to itself,and the Contractor Article entitled"Suffolk County Legislative Requirements,"
hereby gives to the County, and to any other person the Contractor shall maintain the documentation mandated to
designated by the County, consent to produce, reproduce, be kept by this law on the construction site at all times.
publish,translate,display or otherwise use the Work Product. Employee sign-in sheets and register/log books shall be kept
This paragraph shall survive any completion, expiration or on the construction site at all times and all covered
termination of this Contract. employees, as defined in the law, shall be required to sign
such sign-in sheets/register/log books to indicate their
The County shall be deemed to be the author of all the Work presence on the construction site during such working hours.
Product. The Contractor acknowledges that all Work Product
shall constitute "work made for hire" under the U.S. 24. Certification Regarding Lobbying
copyright laws. To the extent that any Work Product does not
constitute a "work made for hire," the Contractor hereby Together with this Contract and as a condition precedent to
assigns to the County all right,title and interest,including the its execution by the County, the Contractor shall have
right, title and interest to reproduce, edit, adapt, modify or executed and delivered to the County the Certification
otherwise use the Work Product, that the Contractor may Regarding Lobbying (if payment under this Contract may
have or may hereafter acquire in the Work Product,including exceed $100,000) as required by Federal regulations, and
all intellectual property rights therein, in any manner or shall promptly advise the County of any material change in
medium throughout the world in perpetuity without any of the information reported on such Certification, and
compensation. This includes,but is not limited to,the right shall otherwise comply with, and shall assist the County in
to reproduce and distribute the Work Product in electronic or complying with, said regulations as now in effect or as
optical media,or in CD-ROM,on-line or similar format. amended during the term of this Contract.
b. Patents 25. Record Retention
If the Contractor develops, invents, designs or creates any The Contractor shall retain all accounts,books,records,and
idea, concept, code, processes or other work or materials other documents relevant to the Contract for seven(7)years
during the Term, or as a result of any Services performed after final payment is made by the County. Federal, State,
under the Contract("patent eligible subject matter"),it shall and/or County auditors and any persons duly authorized by
be the sole property of the County. The Contractor hereby the County shall have full access and the right to examine any
assigns to the County its entire right,title and interest,if any, of said materials during said period. Such access is granted
to all patent eligible subject matter,and agrees to do all acts notwithstanding any exemption from disclosure that may be
and execute all documents, and to use its best efforts to claimed for those records which are subject to nondisclosure
ensure that its employees, consultants, subcontractors, agreements, trade secrets and commercial information or
vendors and agents do all acts and execute any documents, financial information that is privileged or confidential
necessary to vest ownership in the County of any and all Without limiting the generality of the foregoing, records
patent eligible subject matter. The Contractor may not apply directly related to contract expenditures shall be kept for a
for or secure for itself patent protection. The County reserves period of ten(10)years because the statute of limitations for
to itself,and the Contractor hereby gives to the County,and the New York False Claims Act(New York False Claims Act
to any other person designated by the County, consent to § 192)is ten(10)years.
produce or otherwise use any item so discovered and/or the
right to secure a patent for the discovery or invention. This 26. Contract Agency Performance Measures and Reporting
paragraph shall survive any completion, expiration or Requirements—Local Law No.41-2013
termination of this Contract.
a. If payment under this Contract may exceed
22. Arrears to County $50,000,it is subject to the requirements of Suffolk County
Local Law No. 41-2013, a Local Law to Implement
Contractor warrants that, except as may otherwise be Performance Measurement to Increase Accountability and
authorized by agreement, it is not in arrears to the County Enhance Service Delivery by Contract Agencies(Article VIII
upon any debt,contract,or any other lawful obligation,and is of Chapter 189 of the Suffolk County Code) as set forth in
not in default to the County as surety. Article IV entitled "Suffolk County Legislative
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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.O.Box 6100,(Sixth Floor),Hauppauge,New York,11788-
0099.
End of Text for Article III
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LIVING WAGE CERTIFICATION/DECLARATION-
Article IV SUBJECT TO AUDIT."
Suffolk County Legislative Requirements
3. Use of County Resources to Interfere with Collective
NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Bargaining Activities
REQUIREMENTS FORMS REFERENCED HEREIN ARE It shall be the duty of the Contractor to read,become familiar
AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON with, and comply with the requirements of Article I of
THE SIGNATURE PAGE OF THIS CONTRACT. Chapter 803 of the Suffolk County Code
1. Contractor's/Vendor's Public Disclosure Statement County Contractors (as defined by section 803-2) shall
comply with all requirements of Chapter 803 of the Suffolk
It shall be the duty of the Contractor to read,become familiar County Code,including the following prohibitions-
with, and comply with the requirements of section A5-8 of
Article V of the Suffolk County Code. a. The Contractor shall not use County funds to assist,
promote,or deter union organizing.
Unless certified by an officer of the Contractor as being
exempt from the requirements of section A5-8 of Article V of b. No County funds shall be used to reimburse the
the Suffolk County Code, the Contractor represents and Contractor for any costs incurred to assist,promote,
warrants that it has filed with the Comptroller the verified or deter union organizing.
public disclosure statement required by Suffolk County
Administrative Code Article V,section A5-8 and shall file an C. No employer shall use County property to hold a
update of such statement with the Comptroller on or before meeting with employees or supervisors if the
the 31st day of January in each year of the Contract's purpose of such meeting is to assist, promote, or
duration The Contractor acknowledges that such filing is a deter union organizing.
material,contractual and statutory duty and that the failure to
file such statement shall constitute a material breach of the If the Services are performed on County property, the
Contract, for which the County shall be entitled, upon a Contractor must adopt a reasonable access agreement, a
determination that such breach has occurred,to damages,in neutrality agreement, fair communication agreement, non-
addition to all other legal remedies,of fifteen percent(15%) intimidation agreement, and a majority authorization card
of the amount of the Contract. agreement.
Required Form: If the Services are for the provision of human services and are
Suffolk County Form SCEX 22, entitled not to be performed on County property,the Contractor must
"Contractor'sNendor's Public Disclosure Statement" adopt,at the least,a neutrality agreement
2. Living Wage Law Under the provisions of Chapter 803,the County shall have
the authority,under appropriate circumstances,to terminate
It shall be the duty of the Contractor to read,become familiar the Contract and to seek other remedies as set forth therein,
with, and comply with the requirements of Chapter 575,of for violations of this Law.
the Suffolk County Code. Required Form:
This Contract is subject to the Living Wage Law of the Suffolk County Labor Law Form DOL-LO 1;entitled"Suffolk
County of Suffolk. The law requires that, unless specific County Department of Labor—Labor Mediation Unit Union
exemptions apply, all employers (as defined)under service Organizing Certification/Declaration-Subject to Audit."
contracts and recipients of County financial assistance, (as
defined) shall provide payment of a minimum wage to 4. Lawful Hiring of Employees Law
employees as set forth in the Living Wage Law. Such rate
shall be adjusted annually pursuant to the terms of the Suffolk It shall be the duty of the Contractor to read,become familiar
County Living Wage Law of the County of Suffolk. Under with, and comply with the requirements of Article II of
the provisions of the Living Wage Law,the County shall have Chapter 353 of the Suffolk County Code.
the authority,under appropriate circumstances,to terminate
the Contract and to seek other remedies as set forth therein, This Contract is subject to the Lawful Hiring of Employees
for violations of this Law. Law of the County of Suffolk. It provides that all covered
employers, (as defined),and the owners thereof,as the case
Required Forms: may be,that are recipients of compensation from the County
through any grant, loan, subsidy, funding, appropriation,
Suffolk County Living Wage Form DOL-LWl/38(Revised payment, tax incentive, contract, subcontract, license
8/2017)entitled"SUFFOLK COUNTY DEPARTMENT OF agreement,lease or other financial compensation agreement
LABOR,LICENSING&CONSUMER AFFAIRS—NOTICE issued by the County or an awarding agency, where such
OF APPLICATION FOR COUNTY COMPENSATION- compensation is one hundred percent(100%)funded by the
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County, shall submit a completed sworn affidavit (under "SUFFOLK COUNTY DEPARTMENT OF LABOR,
penalty of perjury),the form of which is attached,certifying LICENSING, & CONSUMER AFFAIRS — NOTICE OF
that they have complied,in good faith,with the requirements APPLICATION TO CERTIFY COMPLIANCE WITH
of Title 8 of the United States Code Section 1324a with FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH
respect to the hiring of covered employees(as defined)and RESPECT TO LAWFUL HIRING OF EMPLOYEES,
with respect to the alien and nationality status of the owners Suffolk County Code,Chapter 353 (2006)'DOL-LHE 1/2
thereof The affidavit shall be executed by an authorized (REVISED 8/2017)
representative of the covered employer or owner,as the case
may be;shall be part of any executed contract,subcontract, S. Gratuities
license agreement, lease or other financial compensation
agreement with the County; and shall be made available to It shall be the duty of the Contractor to read,become familiar
the public upon request. with,and comply with the requirements of Chapter 664 of the
All contractors and subcontractors (as defined) of covered Suffolk County Code.
employers,and the owners thereof,as the case may be,that The Contractor represents and warrants that it has not offered
are assigned to perform work in connection with a County or given any gratuity to any official,employee or agent of the
contract, subcontract, license agreement, lease or other County or the State or of any political party,with the purpose
financial compensation agreement issued by the County or or intent of securing an agreement or securing favorable
awarding agency,where such compensation is one hundred treatment with respect to the awarding or amending of an
percent (100%) funded by the County, shall submit to the agreement or the making of any determinations with respect
covered employer a completed sworn affidavit(under penalty to the performance of an agreement.
of perjury),the form of which is attached,certifying that they
have complied,in good faith,with the requirements of Title 8 6. Prohibition Against Contracting with Corporations
of the United States Code Section 1324a with respect to the that Reincorporate Overseas
hiring of covered employees and with respect to the alien and
nationality status of the owners thereof,as the case may be. It shall be the duty of the Contractor to read,become familiar
The affidavit shall be executed by an authorized with, and comply with the requirements of sections A4-13
representative of the contractor,subcontractor,or owner,as and A4-14 of Article IV of the Suffolk County Code.
the case may be; shall be part of any executed contract,
subcontract, license agreement, lease or other financial The Contractor represents that it is in compliance with
compensation agreement between the covered employer and sections A4-13 and A4-14 of Article IV of the Suffolk
the County;and shall be made available to the public upon County Code. Such law provides that no contract for
request. consulting services or goods and services shall be awarded by
the County to a business previously incorporated within the
An updated affidavit shall be submitted by each such U.S.A.that has reincorporated outside the U.S.A.
employer,owner,contractor and subcontractor no later than
January 1 of each year for the duration of any contract and
upon the renewal or amendment of the Contract, and 7. Child Sexual Abuse Reporting Policy
whenever a new contractor or subcontractor is hired under the
terms of the Contract. It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Article II of
The Contractor acknowledges that such filings are a material, Chapter 880 of the Suffolk County Code.
contractual and statutory duty and that the failure to file any
such statement shall constitute a material breach of the The Contractor shall comply with Article II of Chapter 880,
Contract. of the Suffolk County Code, entitled"Child Sexual Abuse
Reporting Policy,"as now in effect or amended hereafter or
Under the provisions of the Lawful Hiring of Employees of any other Suffolk County Local Law that may become
Law, the County shall have the authority to terminate the applicable during the term of the Contract with regard to
Contract for violations of this Law and to seek other remedies child sexual abuse reporting policy.
available under the law
8. Non Responsible Bidder
The documentation mandated to be kept by this law shall at
all times be kept on site. Employee sign-in sheets and It shall be the duty of the Contractor to read,become familiar
register/log books shall be kept on site at all times during with, and comply with the requirements of Article II of
working hours and all covered employees,as defined to the Chapter 189 of the Suffolk County Code.
law,shall be required to sign such sign-in sheets/register/log
books to indicate their presence on the site during such Upon signing the Contract,the Contractor certifies that it has
working hours. not been convicted of a criminal offense within the last ten
(10)years. The term"conviction" shall mean a finding of
Required Forms: guilty after a trial or a plea of guilty to an offense covered
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under section 189-5 of the Suffolk County Code under required to protect the privacy of the minors and are strictly
"Nonresponsible Bidder." prohibited from selling or otherwise providing to any third
party,in any manner whatsoever,the personal or identifying
9. Use of Funds in Prosecution of Civil Actions information of any minor participating in their programs.
Prohibited
13. Contract Agency Performance Measures and
It shall be the duty of the Contractor to read,become familiar Reporting Requirements
with, and comply with the requirements of Article III of
Chapter 893 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Suffolk County
The Contractor shall not use any of the moneys,in part or in Local. Law No. 41-2013, a Charter Law to Implement
whole, and either directly or indirectly, received under the Performance Measurement to Increase Accountability and
Contract in connection with the prosecution of any civil Enhance Service Delivery by Contract Agencies(Article VIII
action against the County in any jurisdiction or any judicial or of Chapter 189 of the Suffolk County Code)as more fully set
administrative forum. forth in Article I and Article III of this Contract.
10. Youth Sports All contract agencies having a contract in excess of$50,000
shall cooperate with the contract's administering department
It shall be the duty of the Contractor to read,become familiar to identify the key performance measures related to the
with, and comply with Article III of Chapter 730 of the objectives of the services that the contract agency provides
Suffolk County Code. and shall develop an annual performance reporting plan.The
contract agency shall cooperate with the administering
All contract agencies that conduct youth sports programs are department and the County Executive's Performance
required to develop and maintain a written plan or policy Management Team to establish appropriate performance
addressing incidents of possible or actual concussion or other indicators and targets for monthly evaluation of the contract
head injuries among sports program participants.Such plan or agency's performance.
policy must be submitted prior to the award of a County
contract,grant or funding. Receipt of such plan or policy by
the County does not represent approval or endorsement of 14. Suffolk County Local Laws Website Address
any such plan or policy,nor shall the County be subject to
any liability in connection with any such plan or policy. Suffolk County Local Laws, Rules and Regulations can be
accessed on the homepage of the Suffolk County Legislature.
11. Work Experience Participation
If the Contractor is a not-for-profit or governmental agency or 15. Suffolk County Code of Ethics
institution,each of the Contractor's locations in the County at
which the Services are provided shall be a work site for As required by Suffolk County Standard Operating Procedure
public-assistance clients of Suffolk County pursuant to A-06, the following is a link to the Suffolk County Ethics
Chapter 281 of the Suffolk County Code at all times during Booklet,which contains the provisions of the Suffolk County
the Term of the Contract. If no Memorandum of Code of Ethics-
Understanding("MOU")with the Suffolk County Department
of Labor for work experience is in effect at the beginning of haps://suffolkcountvny.eov/Portals/0/fotinsdocs/Boardofetliic
the Term of the Contract, the Contractor, if it is a not-for- s/Code%20of"/o20Ethics%20Booklet%20-
profit or governmental agency or institution,shall enter into %20NeNr%2ORevised%2OMav%202017.i)df
such MOU as soon as possible after the execution of the
Contract and failure to enter into or to perform in accordance
with such MOU shall be deemed to be a failure to perform in End of Text for Article IV
accordance with the Contract, for which the County may
withhold payment, terminate the Contract or exercise such
other remedies as may be appropriate in the circumstances
12. Safeguarding Personal Information of Minors
It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Suffolk County
Local Law No. 20-2013, a Local Law to Safeguard the
Personal Information of Minors in Suffolk County.
All contract agencies that provide services to minors are
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Article V form(s)required by County or the Suffolk County
General Fiscal Terms and Conditions Department of Audit and Control, shall be
furnished to the County pursuant to,and as limited
1. General Payment Terms by,the Regulations for Accounting Procedures for
Contract Agencies of the Suffolk County
a. Presentation of Suffolk County Payment Department of Audit and Control. In addition to
Voucher any other remedies that the County may have,
failure to supply the required documentation will
In order for payment to be made by the County to disqualify the Contractor from any further County
the Contractor for the Services,the Contractor shall contracts.
prepare and present a Suffolk County Payment
Voucher,which shall be documented by sufficient C. Payment by County
competent and evidential matter. Each Suffolk
County Payment Voucher submitted for payment is Payment by the County shall be made within thirty
subject to Audit at any time during the Term or any (30) days after approval of the Suffolk County
extension thereof. This provision shall survive Payment Voucher by the Comptroller.
expiration or termination of this Contract for a
period of not less than seven(7)years,and access d. Budget Modification
to records shall be as set forth in paragraph 25 of
Article III,and paragraph 4(b)of Article V. i.) The parties shall use the Contract Budget
Modification Request form ("Budget
b. Voucher Documentation Modification") for revisions to the
Budget and Services not involving an
The Suffolk County Payment Voucher shall list all increase to the total cost of the Contract.
information regarding the Services and other items If the Contractor is seeking such a
for which expenditures have been or will be made modification, the Contractor shall
in accordance with the Contract. Either upon contact the Department to receive the
execution of the Contract(for the Services already form and enter the required information.
rendered and expenditures already made), or not When the County and the Contractor
more than thirty(30) days after the expenditures agree as to such revisions,the Contractor
were made, and in no event after the 31` day of shall sign the Budget Modification form
January following the end of each year of the and return it to the County for execution
Contract,the Contractor shall furnish the County along with any other documentation the
with detailed documentation in support of the Department may require
payment for the Services or expenditures under the
Contract e.g. dates of the Service, worksite ii.) Such request must be made in advance of
locations,activities,hours worked,pay rates and all incurring any expenditure for which the
revision is needed.
program Budget categories. The Suffolk County
Payment Voucher shall include time records,
certified by the Contractor as true and accurate,of iii.) Upon complete execution of the Budget
all personnel for whom expenditures are claimed Modification form, the County shall
during the period. Time and attendance records of return a copy to the Contractor. The
a Contractor's Director/Executive Director shall be revision shall not be effective until the
certified by the Chairperson, President or other Budget Modification is completely
designated member of the Board of Directors of the executed.
Contractor and shall be maintained by the
Contractor for audit. All Suffolk County Payment iv.) The Budget Modification form may be
Vouchers must bear a signature as that term is submitted only twice per calendar year
defined pursuant to New York State General and may onth be submitted prior to
Construction Law§46 by duly authorized persons, November 15 of that year.
and certification of such authorization with
certified specimen signatures thereon must be filed e. Budget and/or Services Revisions
with the County by a Contractor official
empowered to sign the Contract. i.) The parties shall use the Contract
Disbursements made by the Contractor in Budget/Services Revision Approval
accordance with the Contract and submitted for Form (Budget/Services Revisions) for
reimbursement must be documented and must revisions to the Budget and Services
comply with accounting procedures as set forth by involving any change to the total cost of
the Suffolk County Department of Audit and the Contract due to a resolution of the
Control. Documentation, including any other Legislature, changes to the County's
30 of 37 pages
ARTICLE V
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adopted annual budget,or for any other under which such reimbursement shall
reason necessitating revisions to the be paid.
Budget or Services.
C. The County may, during the Term, impose a
ii.) When the County and the Contractor Budget Deficiency Plan. In the event that aBudget
agree as to such revisions, the Deficiency Plan is imposed, the County shall
Department will enter the information it
to promptly notify the Contractor in writing of the
and send to the
into the Budhe Contractor for Revisions form terms and conditions thereof, which shall be
deemed incorporated in and made a part of the
signature.The Contractor shall return Contract,and the Contractor shall implement those
to the County for execution along with terms and conditions in no less than fourteen(14)
any other documentation the Department days.
may require.
iii.) Upon complete execution of the form by 3. Personnel Salaries, Pension and Employee Benefit
the parties, the County shall return a Plans,Rules and Procedures
copy to the Contractor. The revision a. Upon request, the Contractor shall submit to the
shall not be effective until the Budget
/Services Revisions Form is completely County a current copy,certified by the Contractor
as true and accurate,of its
executed
f. Taxes i.) salary scale for all positions listed in the
Budget;
The charges payable to the Contractor under the ii.) personnel rules and procedures;
Contract are exclusive of federal, state, and local
taxes,the County being a municipality exempt from iii.) pension plan and any other employee
payment of such taxes.
benefit plans or arrangements.
g. Final Voucher b. The Contractor shall not be entitled to
reimbursement for costs under any pension or
The acceptance by the Contractor of payment of all benefit plan the Comptroller deems commercially
billings made on the final approved Suffolk County unreasonable.
Payment Voucher shall operate as and shall be a
release of the County from all claims by the C. Notwithstanding anything in this paragraph 3 of
Contractor through the date of the Voucher this Article V,the County shall not be limited in
requesting such additional financial information it
2. Subject to Appropriation of Funds deems reasonable
a. The Contract is subject to the amount of funds 4. Accounting Procedures
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature, a. The Contractor shall maintain accounts, books,
and no liability shall be incurred by the County records, documents, other evidence, and accounting
beyond the amount of funds appropriated each procedures and practices which sufficiently and
fiscal year by the County Legislature for the properly reflect all direct and indirect costs of any
Services nature expended in the performance of the Contract,in
accordance with generally accepted accounting
b. If the County fails to receive Federal or State funds principles and with rules, regulations and financial
originally intended to pay for the Services, or to directives, as may be promulgated by the Suffolk
reimburse the County, in whole or in part, for County Department of Audit and Control and the
payments made for the Services,the County shall Department. The Contractor shall permit inspection
have the sole and exclusive right to: and audit of such accounts,books,records,documents
and other evidence by the Department and the Suffolk
i.) determine how to pay for the Services; County Comptroller,or their representatives,as often
as, in their judgment, such inspection is deemed
ii.) determine future payments to the necessary. Such right of inspection and audit as set
Contractor;and forth in subparagraph b. below shall exist during the
Term and for a period of seven (7) years after
iii.) determine what amounts, if any, are expiration or termination of the Contract.
reimbursable to the County by the
Contractor and the terms and conditions
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b. The Contractor shall retain all accounts, books, operations of the Contractor,including a balance sheet
records,and other documents relevant to the Contract and statement of income and expenses,attested by the
for seven(7)years after final payment is made by the Auditor as fairly and accurately reflecting the
County. Federal, State, and/or County auditors and accounting records of the Contractor in accordance
any persons duly authorized by the County shall have with generally accepted accounting principles. The
full access and the right to examine any of said audited financial statements including respective
materials during said period Such access is granted Management Letters must be emailed to the Executive
notwithstanding any exemption from disclosure that Director of Auditing Services at
may be claimed for those records which are subject to Audits(a)suffolkcountvnv aov within thirty (30) days
nondisclosure agreements, trade secrets and after completion of the audit,but in no event later than
commercial information or financial information that is nine(9)months after the end of the Contractor's fiscal
privileged or confidential. year,to which the audit relates The Contractor may
solicit requests for proposals from a number of
C. The Contractor shall utilize the accrual basis of qualified accounting firms and review carefully the
accounting and will submit all financial reports and costs of,and qualifications for,this type of work before
claims based on this method of accounting during the selecting the Auditor.
Term.
b. The Auditor should be required to meet the following
5. Audit of Financial Statements minimum requirements:
a. All payments made under the Contract are subject i.) a current license issued by the New York
to audit by the Comptroller pursuant to Article V of State Education Department;
the Suffolk County Charter. The Contractor further ii.) sufficient auditing experience in the not-
agrees that the Comptroller and the Department for-profitgovernmental or profit-making
shall have access to and the right to examine,audit, areas,as applicable;and
excerpt, copy or transcribe any pertinent
transactions or other records relating to services iii.) a satisfactory peer review issued within
under the Contract. If such an audit discloses not more than three(3)years prior to the
overpayments by the County to the Contractor, date when the Auditor was selected to
within thirty (30) days after the issuance of an conduct the audit.
official audit report by the Comptroller or his duly C. The audit must be conducted in accordance with
designated representatives, the Contractor shall generally accepted governmental auditing standards
repay the amount of such overpayment by check to Financial statements must clearly differentiate between
the order of the Suffolk County Comptroller or County-funded programs and other programs that the
shall submit a proposed plan of repayment to the Contractor may be operating. The use of subsidiary
Comptroller. If there is no response, or if schedules should be encouraged for this purpose. The
satisfactory repayments are not made,the County Auditor must also prepare a Management Letter based
may recoup overpayments from any amounts due or on the audit
becoming due to the Contractor from the County
under the Contract or otherwise. d. "Subrecipients"—Federally Funded Programs and
Grants
b. The provisions of this paragraph shall survive the
expiration or termination of the Contract for a i.) In the event the Contractor is a"Subrecipient"as
period of seven (7) years, and access to records that term is defined in 2 CFR § 200 93 and the
shall be as set forth in paragraph 25 of Article III, Contractor expends seven hundred fifty thousand
and paragraph 4(b)of Article V
($750,000 00)dollars or more of Federal moneys,
6. Financial Statements and Audit Requirements whether as a recipient expending awards received
directly from Federal awarding agencies or as a
a. Notwithstanding any other reporting or certification Contractor expending Federal awards received
requirements of Federal,State,or local authorities,the from a pass-through entity such as New York State
Contractor shall obtain the services of an independent and/or Suffolk County, during any fiscal year
licensed public accountant or certified public within which it receives funding under the
accountant (the "Auditor") to audit its financial Contract,the audit referred to under this paragraph
statements for each Contractor's"fiscal year"in which 6 must be conducted and any the audit report must
the Contractor has received, or will receive, three be in accordance with OMB Uniform Grant
hundred thousand($300,000.00)dollars or more from Guidance — 2 CFR Part 200 ("Single Audit
the County, whether under the Contract or other Report"). Single Audit Reports must also be
agreements with the County,and shall submit a report uploaded to the Federal Audit Clearinghouse, to
to the County on the overall financial condition and the extent required by the OMB Uniform Grant
32 of 37 pages
ARTICLE V
. F
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Guidance referred to above. In addition,the Single f. The requirements set forth in this paragraph 6 shall not
Audit Report,respective financial statements and preclude the authorized representatives of the County,
any Management Letters must be submitted to the the Comptroller, or Federal or State entities from
Department set forth on page one of this Contract conducting any other duly authorized audit(s) of
and emailed to the Executive Director of Auditing records and financial statements of the Contractor. The
Services at Contractor shall make such records and financial
subrecivientmonitoringC&suffolkcountyny.2ov statements available to authorized representatives of
within thirty (30) days after completion of the Federal,State and County government for that purpose.
audit, but in no event later than nine(9) months
after the end of the Contractor's fiscal year, to g. The provisions of this paragraph 6 shall survive the
which the audit relates. expiration or termination of the Contract.
ii.) In the event the Contractor is a"Subrecipient"as 7. Furniture,Fixtures,Equipment,Materials,Supplies
that term is defined in 2 CFR § 200.93 and the
Contractor expends less than seven hundred fifty a. Purchases, Rentals or Leases Requiring Prior
thousand($750,000.00)dollars of Federal moneys,
whether as a recipient expending awards received Approval
directly from Federal awarding agencies or as a Prior to placing any order to purchase,rent or lease
Contractor expending Federal awards received any furniture, fixtures, or equipment valued in
from a pass-through entity such as New York State excess of one thousand dollars($1,000.00)per unit
and/or Suffolk County, during any fiscal year the for which the Contractor will seek reimbursement
Contractor must email a certified Exemption Letter, from the County,the Contractor shall submit to the
the form of which shall be provided by the County a written request for approval to make such
Department,on the Contractor's Letterhead and a a proposed purchase, rental or lease, with a list
Schedule of Federal Funds Expended to the showing the quantity and description of each item,
respective County Department and the Executive its intended location and use,estimated unit price
Director of Auditing Services at or cost, and estimated total cost of the proposed
subrecipientmonitoring(a)suffolkcountvny.eov order. Written approval of the County shall be
within thirty (30) days of the end of the required before the Contractor may proceed with
Contractor's fiscal year. The Schedule of Federal such proposed purchase, rental or lease of
Funds Expended must include all Federal funding furniture, fixtures or equipment All items
received directly from the Federal government and purchased must be new or like new unless
all Federal funds passed through from the County specifically described otherwise in the Budget.
and other pass-through entities.
b. Purchase Practices/Proprietary Interest of
iii.) Subrecipients may include,but not necessarily be County
limited to, not-for-profit organizations; units of
state government or a unit of local governments. i.) The Contractor shall follow the general
practices that are designed to obtain
e. Copies of any other audit reports including oversight furniture,fixtures,equipment,materials,
agency audits must be submitted to the Department set or supplies at the most reasonable price
forth on page one of this Contract and emailed to the or cost possible.
Executive Director of Auditing Services at
Auditsrz,suffoikcountynv gov within thirty (30) days ii.) The County reserves the right to
after completion of the audit(s). purchase or obtain furniture, fixtures,
equipment,materials,or supplies for the
Contractor in accordance with the
programmatic needs of the Contract. If
the County exercises this right, the
amount budgeted for the items so
purchased or obtained by the County for
the Contractor shall not be available to
the Contractor for any purpose
whatsoever. Title to any such items
purchased or otherwise obtained by the
County for the programs encompassed
by the Contract and entrusted to the
Contractor,shall remain to the County.
33 of 37 pages
ARTICLE V
n
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iii.) The County shall retain a proprietary
interest in all furniture, removable e. Protection of Property in Contractor's Custody
fixtures, equipment, materials, and
supplies purchased or obtained by the The Contractor shall maintain vigilance and take all
Contractor and paid for or reimbursed to reasonable precautions to protect the furniture,
the Contractor pursuant to the terms of fixtures, equipment, material or supplies in its
the Contract or any prior agreement custody against damage or loss by fire, burglary,
between the parties. theft,disappearance,vandalism, or misuse. In the
event of burglary, theft, vandalism, or
iv.) The Contractor shall attach labels disappearance of any item of furniture, fixtures,
indicating the County's proprietary equipment, material or supplies, the Contractor
interest or title in all such property. shall immediately notify the police and make a
record thereof,including a record of the results of
any investigation which may be made thereon. In
C. County's Right to Take Title and Possession the event of loss of or damage to any item of
furniture, fixtures, equipment, materials, or
Upon the termination or expiration of the Contract supplies from any cause, the Contractor shall
or any renewal thereof,the discontinuance of the immediately send the County a detailed written
business of the Contractor, the failure of the report thereon.
Contractor to comply with the terms of the
Contract, the bankruptcy of the Contractor, an f. Disposition of Property in Contractor's Custody
assignment for the benefit of its creditors, or the
failure of the Contractor to satisfy any judgment Upon termination of the County's funding of any
against it within thirty (30) days of filing of the of the Services covered by the Contract, or at any
judgment,the County shall have the right to take other time that the County may direct, the
title to and possession of all furniture,removable Contractor shall make access available and render
fixtures,equipment,materials,and supplies and the all necessary assistance for physical removal by the
same shall thereupon become the property of the County or its designee of any or all furniture,
County without any claim for reimbursement on the removable fixtures, equipment, materials or
part of the Contractor. supplies in the Contractor's custody in which the
County has a proprietary interest, in the same
d. Inventory Records,Controls and Reports condition as such property was received by the
Contractor, reasonable wear and tear excepted.
The Contractor shall maintain proper and accurate Any disposition, settlements or adjustments
inventory records and controls for all such connected with such property shall be in
furniture, removable fixtures and equipment accordance with the rules and regulations of the
acquired pursuant to the Contract and all prior County and the State of New York.
agreements between the parties,if any Three(3)
months before the expiration date of the Contract, 8, Lease or Rental Agreements
the Contractor shall make a physical count of all
items of furniture, removable fixtures and If lease payments or rental costs are included in the Budget as
equipment in its custody, checking each item an item of expense reimbursable by the County, the
against the aforesaid inventory records. A report Contractor shall promptly submit to the County, upon
setting forth the results of such physical count shall request, any lease or rental agreement. If during the Term,
be prepared by the Contractor on a form or forms the Contractor shall enter into a lease or rental agreement,or
designated by the County,certified and signed by shall renew a lease or rental agreement,the Contractor shall,
an authorized official of the Contractor,and one(1) prior to the execution thereof, submit such lease or rental
copy thereof shall be delivered to the County agreement,to the County for approval.
within five (5) days after the date set for the
aforesaid physical count. Within five(5)days after 9. Statement of Other Contracts
the termination or expiration date of the Contract,
the Contractor shall submit to the County six(6) Prior to the execution of the Contract, the Contractor shall
copies of the same report updated to such date of submit a Statement of Other Contracts to the County. If the
the Contract,certified and signed by an authorized Contract is amended during the Term, or if the County
official of the Contractor,based on a physical count exercises its option right,the Contractor shall submit a then
of all items of furniture, removable fixtures and current Statement of Other Contracts.
equipment on the aforesaid expiration date, and
revised, if necessary, to include any inventory
changes during the last three (3) months of the 10. Miscellaneous Fiscal Terms and Conditions
Term.
34 of 37 pages
ARTICLE V
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a. Limit of County's Obligations The Contractor shall actively seek and take
reasonable steps to secure all potential funding
The maximum amount to be paid by the County is from grants and contracts with other agencies for
set forth on the first page of the Contract. programs funded by the County
b. Duplicate Payment from Other Sources f. Payments Contingent upon State/Federal
Funding
Payment by the County for the Services shall not
duplicate payment received by the Contractor from Payments under the Contract may be subject to and
any other source. contingent upon continued funding by State and/or
Federal agencies. In the event payments are subject
C. Funding Identification to such funding no payment shall be made until the
Contractor submits documentation in the manner
The Contractor shall promptly submit to the and form as shall be required by State and/or
County upon request, a schedule for all programs Federal agency. If late submission of claims
funded by the County, itemizing for each such precludes the County from claiming State or
program the sums received, their source and the Federal reimbursement, such late claims by the
total program budget. Contractor shall not be paid by the County subject
to subparagraph g. below, if, for any reason, the
d. Outside Funding for Non-County Funded full amount of such funding is not made available
Activities to the County, the Contract may be terminated in
whole or in part, or the amount payable to the
Notwithstanding the foregoing provisions of the Contractor may be reduced at the discretion of the
Contract, it is the intent of the County that the County, provided that any such termination or
terms and conditions of the Contract shall not limit reduction shall not apply to allowable costs
the Contractor from applying for and accepting incurred by the Contractor prior to such
outside grant awards or from providing additional termination or reduction,and provided that money
educational activities/services which may result in has been appropriated for payment of such costs.
the Contractor incurring additional costs,as long as g. Denial of Aid
the following conditions are met:
If a State or Federal government agency is funding
i.) The County is not the Fund Source for the Contract and fails to approve aid in
the additional services; reimbursement to the County for payments made
ii.) Sufficient funding is available for or can hereunder by the County to the Contractor for
expenditures made during the Term because of any
be generated by the Contractor to cover act, omission or negligence on the part of the
the cost incurred by the Contractor to Contractor, then the County may deduct and
provide these additional services;and withhold from any payment due to the Contractor
iii.) If sufficient funding is not available or an amount equal to the reimbursement denied by
cannot be generated, the County shall the state or federal government agency, and the
not be held liable for any of the County's obligation to the Contractor shall be
additional costs incurred by the reduced by any such amounts. In such an event,if
Contractor in furnishing such additional there should be a balance due to the County after it
services. has made a final payment to the Contractor under
the Contract, on demand by the County, the
iv.) Prior to scheduling any such additional Contractor shall reimburse the County for the
services on County-owned property,the amount of the balance due the County,payable to
Contractor shall obtain written County the Suffolk County Comptroller.The provisions of
approval. The Contractor shall, to the this subparagraph shall survive the expiration or
County's satisfaction, submit any termination of the Contract.
documentation requested by the
Department reflecting the change, and h. Budget
identify the additional services to be
provided and the source of funding that The Contractor expressly represents and agrees that
shall be utilized to cover the the Budget lists all revenue, expenditures,
expenditures incurred by the Contractor personnel,personnel costs and/or all other relevant
in undertaking the additional services costs necessary to provide the Services.
e. Potential Revenue i. Payment of Claims
35 of 37 pages
ARTICLE V
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Upon receipt of a Suffolk County Payment The County shall have the right of prior approval of
Voucher,the County,at its discretion,may pay the the Contractor's filling of any vacant position as of
Contractor during the Term,in advance,an amount the date of execution of the Contract or as may
not to exceed one sixth (1/6) of the maximum thereafter become vacant, and, in the exercise of
amount to be paid by the County set forth on the that right.The County may promulgate reasonable
first page of the Contract. regulations involving filling of vacancies which
shall be deemed to be incorporated by reference in,
j. Payments Limited to Actual Net Expenditures and be made part of, the Contract, provided,
however,that subject to the availability of funding,
The Contractor agrees that if, for any reason approval for the hiring of replacement clerical shall
whatsoever,the Contractor shall spend during the be a Contractor determination.
Term for the purposes set forth in the Contract an
amount less than, or receive amounts more than, o. No Limitation On Rights
provided in the Budget, the total cost of the
Contract shall be reduced to the net amount of Notwithstanding anything in this Article V to the
actual Contractor expenditures made for such contrary,the County shall have available to it all
purposes. The total amount to be paid by the rights and remedies under the Contract and at law
County shall not exceed the lesser of(i)actual net and equity.
expenditures or(ii)the total cost of the Contract on
the cover page and in the Budget. Upon P. Comptroller's Rules and Regulations
termination or expiration of the Contract, if the
Contractor's total amount of allowable expenses is The Contractor shall comply with the
less than the total amount of the payments made "Comptroller's Rules and Regulations for
during the Term, the Contractor shall prepare a Consultant's Agreements" as promulgated by the
check payable to the Suffolk County Comptroller Department of Audit and Control of Suffolk
for the difference between the two amounts and County and any amendments thereto during the
submit such payment to the County,along with the Term of the Contract. The"Comptroller's Rules
final Suffolk County Payment Voucher. and Regulations for Consultant's Agreements"and
"SOP A-07 Amendment 1"may be viewed online
k. Travel, Conference, and Meeting Attendance: at the County's website,SuffolkCountyny gov,go
SOP A-07 Amendment 1 to "Government," then "Comptroller," then
"Consultant's Agreements."
Reimbursement to the Contractor for travel costs
shall not exceed amounts allowed to County
employees. All conferences that are partially or End of Text for Article V
fully funded by the County that the Contractor's
staff wishes to attend must be pre-approved, in
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.
In. Salary Increases
No salary, wage, or other compensation for the
Services shall be increased over the amount stated
in the Budget without the prior written approval of
the County.
n. Contractor Vacancies
36 of 37 pages
ARTICLE V
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Article VI
Budget
Town of Southold
AAA Transportation Program
April 1,2021 —March 31,2022
Personnel 8,378
Drivers 8,378
Fringe 640
Fringe 640
NET REIMBURSEMENT
37 of 37 pages
ARTICLE VI
3®=97
OFMCE OF THE COUNTY EXECUTIVE
ALL-DEPARTMENT-HEADS MEMORANDUM
DATE: June 10, 3-997
CONTRACT AGENCY BUDGBT MODIFICATIONS
711 s mmiemm ormdunn applies to those departments who pay contract agencies from the Operating
Budget 4770 or 4980 objects,
On August 29819958 ADH 47-95 was issued to resolve problems vthich had developedregarding
the procedures and reguri emeants for modifykg contract agency budgets. In early 1997,,there
were again progems with timeliness and the reasons for modification for cert depadments
involving 1996 contracts.
Departments who deal with contract agencies have a major responsibility in the processing of
contract budget modifications. Therefore,the attached procedures,which take effect with all
1997 contracts should be.closely Mowed. Please.distribute these procedures to all of your
contact agencies.
If there are any questions regarding this AADK please contact your departmeinfs Budget
Exmniner.
Chief Deputy County Executive
Distribution
Department Heads
AttachinerntISM
,
BE
d SIF E Ji [� µ1i _T Li re,�L T10
® S
��✓�Hu n s��d�I�V'• n
Il. 14on-equiPment requests for contract budget modificationsass be received at the
�xecutia*es]Rud�et®ice n®pater than 45 caalcndaz days priorto o the end of the con
CD
fnscal year- Equipment modification must be received 90 pct
of the contract fiscal yew calerndar days prior to the end
2. Under n®cireu-M tances can expenditures for which a budget modi'caticrn is being
requested be made ra®r to the approval®f the modification by the Budget office.
3` Aan agency will be restricted to three approved modifications per year,
4e Bach line item guested to be modified must be fully justaffied and must be directly
related to the intent of the pro y
S. Any trawfers to
increase sal
ary employees
change the title of a posit% usttbe submittedes of tprior to a create new Positions, or
the position beim filfled., e Budget office w111 ffi®t approv ��®ae�M11-increme being��cn ®r
°The only exertion applies to a retroactive labor agreement between an aaernc Cdr �.
union bargaining unit(s). Y their
6. Budget modifications cannot increase the dollar amount� ®f thecmntracte
PRO CED e
1. Four copies®f the proposed budget mo
dification and
including a letter from the agency one COPY of the justif cation,
Budget®ice watln tpne departmentsY tae c e9 should be forwarded tc the
days of ipt of the reqby the dep m d ®� fft�ea(15)calendar
2. Thejustificati.n must include the effect of the modification an the pr®
the available reimbursement to the County, 'f any, ,'changes in.
will be paid to the agency" and the dollar amount of reimbursement filar amount wb!6h
modification is approved. o the County,, of the
3. If the contMct is funded under a Federal'or State
➢�epartffient FIead must advise the � or State reimbuiseraenk the
memo Whthe
for the modifrcatlon is required and Whethex the attaches tate or l4ho_- sppro al
change has been approved by the funding agency ntati®n sla®WMA the
4. The budget modification format must Indicate the line tern
er n,the current budget ani®
the amount spent year to date, the new amount of the line Iy amount f
the change, tem and the doll
- e
"NOTIFICATION OF RIGHTS UNDER
THE LIVING WAGE LAW
According to the provisions of Local Law 4 12-2001 (the Living Wage law) enacted
by Suffolk County in July of 2001, a living wage rate was established. The Living
Wage shall be adjusted each year in proportion to the increase of the area Consumer
Price Index. Effective January 1, 2020, the Living Wage will increase to $13.00 per
hour with health benefits and $14.45 per hour without health benefits for covered
employees of an agency receiving financial compensation through the County. The
law also mandates that full time workers receive at least 12 compensated days off per
year through any combination of sick, vacation or personal leave and includes paid
holidays provided by the employer.
The Suffolk County Department of Labor has been designated as the agency to
administer this law and to this end has established a Living Wage Unit. Further
information concerning the parameters of the Living Wage law may be obtained by
contacting this Unit (631-853-3808) or accessing the Suffolk County web page at
www.co.suffolk.ny.us/labor and following the link to the Living Nage section. All
inquiries will remain confidential.