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HomeMy WebLinkAboutSC Office for the Aging - AAA Transportation Program ®SUFFot RECEIVED NOV - 3 2021 W Southold Town Clerk rcxt 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 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 1 of 37 pages Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 C- Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 2 of 37 pages to Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 3 of 37 pages r " Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 _. r � - Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 a. Purchases, Rentals or Leases Requiring Prior Approval b. Purchase Practices/Proprietary Interest of County c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Property in Contractor's Custody f. Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non-County Funded Activities e. Potential Revenue f. Payments Contingent upon State/Federal Funding g. Denial of Aid h. Budget i. Payment of Claims j. Payments Limited to Actual Net Expenditures k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 1. Salaries m. Salary Increases n. Contractor Vacancies o. No Limitation On Rights p. Comptroller's Rules and Regulations Article VI Budget 4 of 37 pages � s Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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. 5 of 37 pages AAA Trans Sthold ARTICLE I i, nr Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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). 6 of 37 pages AAA Trans Sthold ARTICLE I r Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 " Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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. 7 of 37 pages AAA Trans Sthold ARTICLE I W � Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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. 8 of 37 pages AAA Trans Sthold ARTICLE I � M Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 • 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 9 of 37 pages AAA Trans Sthold ARTICLE I Y ' Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 + " Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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. 10 of 37 pages AAA Trans Sthold ARTICLE I Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 -•Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 11 of 37 pages AAA Trans Sthold ARTICLE I Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Contractor's Proposal & Response for Equal Access & Targeting AAA Transportation End of Article I 12 of 37 pages AAA Southold 21-22 ARTICLE I 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 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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. 13 of 37 pages ARTICLE I Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 14 of 37 pages ARTICLE I Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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. 15 of 37 pages ARTICLE I Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 COMPLAINT LETTER FORM Service Provider Letterhead Instructions Please complete both sides of this form. If assistance is needed in completing this form, you may contact (Name and phone). Completed forms should be sent to: Service Provider contact person and address This form must be filed within (30) calendar days of the event or action complained of unless you are granted an extension for good cause. I am requesting a review of the following grievance: ❑ I was denied service. ❑ I am not satisfied with the quality of service or an activity provided by your agency or by your service provider. ❑ I have the following grievance (briefly describe): Date/estimated date of the event or action complained of: Please describe in details what happened or what your grievance is (if you need extra space, use back side of this form): 16 of 37 pages ARTICLE I Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 'Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Please state, if you know, what relief you are seeking: Signed: Name (print): Date: Address: Phone Number: 17 of 37 pages ARTICLE I Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 18 of 37 pages ARTICLE II Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 �n Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 "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 19 of 37 pages ARTICLE II Rev. 9/10/21 Law leo. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 20 of 37 pages ARTICLE III Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 21 of 37 pages ARTICLE III Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 §§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 22 of 37 pages ARTICLE III Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 '~ Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 23 of 37 pages ARTICLE III Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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, 24 of 37 pages ARTICLE III Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 25 of 37 pages ARTICLE III Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 26 of 37 pages ARTICLE III Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 27 of 37 pages ARTICLE IV f Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 28 of 37 pages ARTICLE IV Rev. 9/10/21 Law No. 22—AG I FMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 29 of 37 pages ARTICLE IV Y Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 31 of 37 pages ARTICLE V Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 i Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 . Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 - Rev. 9/10/21 Law No. 22—AG IFMS No. 00000012515 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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.