HomeMy WebLinkAboutSC Office for the Aging - Nutrition Program Rev. 12/27/21; Law No.22-AG-020E IFMS No. 22000009018
Nutrition Program for the Elderly 001-6790/6797/6774/6777/6779/-4980, 6776-3330-95230
003- 6802/6804/6808/6810/6811/6812/6813/6814
Fifth Amendment of Contract
This is the Fifth Amendment ("Fifth Amendment") of Contract(Law No. 22-AG-020) ("the Contract")
last dated June 25, 2018 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 the H.
Lee Dennison Building, 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.
Amended Term of the Contract: January 1, 2022 through December 31, 2022.
Amended Total Cost of the Contract: Shall not exceed $341,734.00,to be paid as set forth-in Articles V-E
and VI-E as set forth herein, unless revised by a Suffolk County Resolution and in accordance with paragraph
Le. of Article V of this Fifth Amendment of Contract.
Amended Terms and Conditions: Shall be as set forth in the Contract, as modified by this Fifth Amendment
In Witness Whereof, the parties hereto have executed the Contract as of the latest date written below.
TOWN OF SOUT OLD COUNT F S OLK ECEI
By:
Sco . Russell MAY _ 6 2022
Town Supervisor By:
Fed. Taxpayer ID# 11-6001939 Lisa M.Black
Date f al �a Chief Deputy C unty E e eWth®ld Town Clerk
�j Date
.� Ss�t_,hereby certifies Approved:
under penalties of perjury that`I am an officer of Department
U U(?�6 ,that I have read arid
I am am far with §A5-8 of Article V of the Suffolk
County Code, and that By:
Mh)ri ofsoo4W meets all Holly odes-Teague Da
require is to qualify for exemption thereunder. Director, Office for the Aging
Date'l JL4 Ia
Signature Recom ded: ,�`
Approved as to Form: By: Lt'
Dennis M. Cohen
Suffolk Con
A'or
Michelle Belsky Date
y Food Service Supervisor
By:
Liliana Canela MaAssistant County arin
Date C.I�dAe�I A Attorney
0070728
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I A
Rev. 12/27/21; Law No.22-AG-020E IFMS No. 22000009018
-Nutrition Program for the Elderly 001-6790/6797/6774/6777/6779/-4980, 6776-3330-95230
003- 6802/6804/6808/6810/6811/6812/6813/6814
List of Articles and Exhibits
Article I-E
Amendment Terms
Article II-E
Definitions
Article III-E
General Terms and Conditions
Article IV-E
Suffolk County Legislative Requirements
Article V-E
General Fiscal Terms and Conditions
Article VI-E
Amended Budget Rate Page
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Article I-E
Amendment Terms
Whereas,pursuant to the Contractor's response to a Request for Proposals ("RFP"), the Department executed a
Contract with the Contractor for a Nutrition Program for the Elderly ("the Services"), with an initial term of
January 1, 2018 through December 31, 2018, with four (4) one (1)year options to renew at the County's option;
and
Whereas,the parties entered into a First Amendment to extend the term of the Contract (Law No. 22AG- 020A)
to December 31, 2019; and
Whereas,the parties entered into a Second Amendment to extend the term of the Contract (Law No.22-AG-
020B)to December 31, 2020; and
Whereas,the Department now accepted additional funding from Federal Stimulus Funds (Suffolk County
Legislative Resolution No.453-2020, "Accepting and Appropriating 100% for the Coronavirus Aid Relief and
Security(CARES)Act from the New York State Office for the Aging") and Suffolk County Legislative
Resolution No.450-2020, "Accepting and Appropriating 100% for Families First Coronavirus Response Act
(FFCRA) from the New York State Office for the Aging") to provide additional services to Suffolk seniors due
to the pandemic; and
c�
Whereas,the parties� -errt r into 414R Third Amendment of Contract to amend the Contract to
increase the total cost of compensation.
Whereas, the parties entered into a Fourth Amendment to extend the term of the Contract (Law No. 22-AG-
020D)to December 31, 2021.
Whereas,the parties now desire to enter into a Fifth Amendment to extend the term of the Contract (Law No.
22-AG-020E)to December 31, 2022.
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-E and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I-E shall prevail.
2. Amended Total Cost of Contract
The amount of compensation to be paid to the Contractor is $341,734.
3. Payment of Services
The payment for services rendered is subject to the financial terms and conditions of
Articles V-E and VI-E of the Fifth Amendment.
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4. The Contractor agrees to the following amended provisions in compliance with current
County requirements:
Effective immediately,Article II-D,Article III-D,Article IV-D, Article V-D, and Article VI-D of the
Contract are deleted in their entirety and replaced with Article II-E, Article III-E, Article IV-E, Article
V-E and Article VI-E entitled"Defmitions," "County Terms and Conditions, "Suffolk County
Legislative Requirements," "General Fiscal Terms and Conditions," and "Amended Budget Rate Page"
respectively, which are attached hereto and made part of this Fifth Amendment of the Contract.
5. Contract Continues,As Amended
Except as herein amended, all other representations,terms and conditions of the Contract are hereby
ratified and confirmed to be in full force and effect.
End of Text for Article I-E
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Insurance as its lawful agent for service of process;
Article II-E or
Definitions
d. the Contractor's failure to comply with any
1. Meanings of Terms Federal,State or local law,rule,or regulation,and
County policies or directives;or
As used herein:
e. the Contractor's bankruptcy or insolvency;or
"Audit of Financial Statements"means the examination by
the Comptroller and any Federal or State auditing authority of f. the Contractor's failure to cooperate in an Audit of
the financial statements of the Contractor resulting in the Financial Statements;or
publication of an independent opinion on whether or not those
financial statements are relevant,accurate,complete,and fairly g• the Contractor's falsification of records or reports,
presented. misuse of funds,or malfeasance or nonfeasance in
financial record keeping arising out of, or in
"Budget" summary means the Contractor's summ or plan of all connection with,any contract with the County;or
intended revenue,whether received in the form of fees,grants,County
funding,or any other source,and expenditures necessary to render the h. the Contractor's failure to submit, or failure to
Services. timely submit,documentation to obtain Federal or
State funds;or
"Budget Deficiency Plan" means an analysis of the cost of the
Services,changes in fiscal conditions,and required modifications to the i. the inability of the County or the Contractor to
Contract to continue to render the Services. obtain Federal or State funds due to any act or
omission of the Contractor;or
"Comptroller"means the Comptroller of the County of Suffolk.
j. any condition that the County determines, in its
"Contract"means all terms and conditions of this Contract forming all sole discretion,is dangerous.
rights and obligations of the Contractor and the County.
k. the failure to comply with Local Law 41-2013 and
"Contractor"means the signatory corporation, its officers, officials, related contractual requirements.
employees, agents, servants, sub-contractors, volunteers, and any
successor or assign of any one or more of the foregoing performing the "Federal"means the United States government, its departments, and
Services. agencies.
"County"means the County of Suffolk,its departments,and agencies. "Fringe Benefits"means non-wage benefits which accompany,or are
in addition to, a person's salary, such as paid insurance, sick leave,
"County Attorney" means the County Attorney of the County of profit-sharing plans,paid holidays,and vacations.
Suffolk.
"Fund Source" means any direct or indirect sum payable to the
"Department"means the signatory department approving the Contract. Contractor by the County pursuant to any lawful obligation.
"Engineering Services" means the definition of the "Legislature"means the Legislature of the County of Suffolk.
g g practice of
engineering and the definition of practice of land surveying,as the case "Management Letter" means a letter certified as true by the
may be, under Section 7201 and Section 7203 of the State Education
Law,respectively. Contractor's certified public accountant or chief financial officer of
findings and recommendations for improvements in internal fiscal
"Event of Default"means control that were identified during an Audit of Financial Statements,but
which were not required to be included in an audit report.
a. the Contractor's failure to perform any duty
required of it under paragraphs 1(b)-(e)of Article "Municipal Corporation"means a town,village,or school district.
III of the Contract;or "Services"means all that which the Contractor must do,and any part
b. the Contractor's failure to maintain the amount and thereof arising out of,or in connection with,the Contract as described
types of insurance with an authorized insurer as in Article I"Description of Services."
required by the Contract;or
"State"means the State of New York.
C. the Contractor's failure to maintain insurance
required by the Contract with an insurer that has "Statement of Other Contracts"means a complete list of all other
designated the New York Superintendent of contracts under which money has been or will be paid to the Contractor
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from the County,Federal,or State governments,or a Municipal
Corporation, and (i) which are currently in effect or (ii) which have
expired within the past twelve(12)months and have not been renewed.
"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 feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms, associations,
partnerships(including limited partnerships),trusts,corporations,and
other legal entities,including public bodies,as well as natural persons,
and shall include successors and assigns.
Capitalized terms used,but not otherwise defined,herein,shall have the
meanings assigned to them in the Contract.
End of Text for Article H-E
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Article III-E termination of the license does not affect the
General Terms and Conditions 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) 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 rejection 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
Contract remains to be performed, and the and conditions it deems appropriate,provided,however,that
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no such termination shall be effective unless the Contractor is
given at least thirty(30)days'notice. b. The Contractor hereby represents and warrants that
it will not infringe upon any copyright in performing the
Services. The Contractor agrees that it shall protect,
b. Event of Default;Termination on Notice indemnify,and hold harmless the County,its agents,servants,
officials,and employees from and against all liabilities,fines,
i.) The County may immediately terminate penalties, actions, damages, claims, demands, judgments,
the Contract, for cause, upon such terms and losses,suits or actions,costs,and expenses arising out of any
conditions it deems appropriate, in the Event of claim asserted for infringement of copyright, including
Default. reimbursement of the cost of reasonable attorneys' fees
incurred by the County, its agents, servants, officials, and
ii.) If the Contractor defaults under any other employees in any action or proceeding arising out of or in
provision of the Contract, the County may connection with any claim asserted for infringement of
terminate the Contract, on not less than five (5) copyright.
days' notice, upon such terms and conditions it
deems appropriate. C. The Contractor shall defend the County,its agents,
servants, officials, and employees in any proceeding or
C. Termination Notice action, including appeals, arising out of, or in connection
with, the Contract, and any copyright infringement
Any notice providing for termination shall be delivered as proceeding or action. Alternatively, at the County's option,
provided for in paragraph 27 of this Article III. the County may defend any such proceeding or action and
require the Contractor to pay reasonable attorneys' fees or
d. Duties upon Termination salary costs of County employees of the Department of Law
for the defense of any such suit.
i.) The Contractor shall discontinue the
Services as directed in the termination notice. 4. Insurance
ii.) Subject to any defenses available to it, a. The Contractor shall continuously maintain,during
the County shall pay the Contractor for the the Term of the Contract,insurance in amounts and types as
Services rendered through the date of termination. follows:
iii.) The County is released from any and all
liability under the Contract,effective as of the date i.) Commercial General Liability insurance,
of the termination notice. including contractual liability coverage, in an
amount not less than Two Million Dollars
iv.) Upon termination, the Contractor shall ($2,000,000.00) per occurrence for bodily injury
reimburse the County the balance of any funds and Two Million Dollars ($2,000,000.00) per
advanced to the Contractor by the County no later occurrence for property damage. The County shall
than thirty (30) days after termination of the be named an additional insured.
Contract. The provisions of this subparagraph shall
survive the expiration or termination of the ii.) Automobile Liability insurance (if any
Contract. non-owned or owned vehicles are used by the
Contractor in the performance of the Contract)in
V.) Nothing contained in this paragraph shall an amount not less than Five Hundred Thousand
be construed as a limitation on the County's rights Dollars($500,000.00)per person,per accident,for
set forth in paragraphs 1(c) (iii) and 8 of this bodily injury and not less than One Hundred
Article III. Thousand Dollars ($100,000.00) for property
damage per occurrence.The County shall be named
3. Indemnification and Defense an additional insured.
a. The Contractor shall protect,indemnify,and hold iii.) Workers'Compensation and Employer's
harmless the County, its agents, servants, officials, and Liability insurance,Disability Benefits insurance,
employees from and against all liabilities, fines, penalties, including coverage for Paid Family Leave Benefits,
actions,damages,claims,demands,judgments,losses,suits in compliance with all applicable New York State
or actions,costs, and expenses caused by the negligence or laws and regulations and Disability Benefits
any acts or omissions of the Contractor, including insurance,if required by law. The Contractor shall
reimbursement of the cost of reasonable attorneys' fees furnish to the County,prior to its execution of the
incurred by the County, its agents, servants, officials, and Contract,the documentation required by the State
employees in any action or proceeding arising out of, or in of New York Workers' Compensation Board of
connection with,the Contract. coverage or exemption from coverage pursuant to
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§§57 and 220 of the Workers'Compensation Law. anything contained in this Contract,the Contract shall not be
In accordance with General Municipal Law§108, construed as creating a principal-agent relationship between
the Contract shall be void and of no effect unless the County and the Contractor or the Contractor and the
the Contractor shall provide and maintain coverage County,as the case may be.
during the Term for the benefit of such employees
as are required to be covered by the provisions of 6. Severability
the Workers'Compensation Law.
It is expressly agreed that if any term or provision of this
iv.) Professional Liability insurance in an Contract, or the application thereof to any person or
amount not less than Two Million Dollars circumstance, shall be held invalid or unenforceable to any
($2,000,000.00) on either a per-occurrence or extent, the remainder of the Contract, or the application of
claims-made coverage basis. such term or provision to persons or circumstances other than
those as to which it is held invalid or unenforceable,shall not
b. The County may mandate an increase in the liability be affected thereby,and every other term and provision ofthe
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 S. Set-Off Rights
compliance with the aforesaid insurance requirements.
The County shall have all of its common law,equitable,and
e. In the case of commercial general liability insurance statutory rights of set-off. These rights shall include,but not
the Contractor shall furnish to the County, prior to the be limited to,the County's option to withhold from a Fund
execution of the Contract, a declaration page or insuring Source an amount no greater than any sum due and owing to
agreement and endorsement page evidencing the County's the County for any reason. The County shall exercise its set-
status as an additional insured on said policy, and upon off rights subject to approval by the County Attorney. In
demand, a true and certified original copy of such policy cases of set-off pursuant to a Comptroller's audit,the County
evidencing compliance with the aforesaid insurance shall only exercise such right after the finalization thereof,
requirements. and only after consultation with the County Attorney.
f. All evidence of insurance shall provide for the 9. Non-Discrimination in Services and Employment
County to be notified in writing thirty(30)days prior to any
cancellation,nonrenewal,or material change in the policy to a. The Contractor shall not, on the grounds of race,
which such evidence relates. It shall be the duty of the creed, color, national origin, sex, age, disability, sexual
Contractor to notify the County immediately of any orientation,military status,or marital status
cancellation,nonrenewal,or material change in any insurance
policy. i.) deny any individual the Services
provided pursuant to the Contract;or
g. In the event the Contractor shall fail to provide ii.) provide the Services to an individual that
evidence of insurance,the County may provide the insurance is different, or provided in a different
required in such manner as the County deems appropriate and manner, from those provided to others
deduct the cost thereof from a Fund Source. pursuant to the Contract;or
iii.) subject an individual to segregation or
h. If the Contractor is a Municipal Corporation and separate treatment in any matter related
has a self-insurance program under which it acts as a self- to the individual's receipt of the Services
insurer for any of such required coverage,the Contractor shall provided pursuant to the Contract;or
provide proof, acceptable to the County, of self-funded iv.) restrict an individual in any way from
coverage. any advantage or privilege enjoyed by
others receiving the Services provided
5. Independent Contractor pursuant to the Contract;or
V.) treat an individual differently from others
The Contractor is not, and shall never be, considered an in determining whether or not the
employee of the County for any purpose. Notwithstanding individual satisfies any eligibility or
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other requirements or conditions which whether or when a conflict may potentially exist shall
individuals must meet in order to receive ultimately be made by the County Attorney after full
the Services provided pursuant to the disclosure is obtained.
Contract;or
vi.) discriminate against employees or 14. Cooperation on Claims
applicants for employment.
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 ofthe County underthe
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 family members by
adverse interests, whether existing or potential. This duty reason of gift, sale or devise), or the
shall continue as long as the Term.The determination as to dissolution of the partnership without
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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
I. 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 ofthe 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 20. Publications
responsibility, character, and reputation
of the proposed transferee,nature of the Any book, article,report, or other publication related to the
proposed assignee/transferee's business Services provided pursuant to this Contract shall contain the
and experience; following statement in clear and legible print:
V.) all executed forms required pursuant to "This publication is fully or partially funded
Article IV of the Contract, that are by the County of Suffolk."
required to be submitted by the
Contractor;and
21. Copyrights and Patents
vi.) such other information as the County
a. Copyrights
may reasonably require.
Any and all materials generated by or on behalf of the
d. The County agrees that any request for its consent Contractor while performing the Services(including,without
to a Permitted Transfer shall be granted, provided that the limitation,designs,images,video,reports,analyses,manuals,
transfer does not violate any provision of the Contract, and films,tests,tutorials,and any other work product of any kind)
the transferee has not been convicted of a criminal offense as
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and all intellectual property rights relating thereto ("Work 23. Lawful Hiring of Employees Law in Connection with
Product') are and shall be the sole property of the County. Contracts for Construction or Future Construction
The Contractor hereby assigns to the County its entire right,
title and interest,if any,to all Work Product,and agrees to do In the event that the Contract is subject to the Lawful Hiring
all acts and execute all documents,and to use its best efforts of Employees Law of the County of Suffolk,Suffolk County
to ensure that its employees, consultants, subcontractors, Code Article II of Chapter 353,as more fully set forth in the
vendors and agents do all acts and execute any documents, Article entitled"Suffolk County Legislative Requirements,"
necessary to vest ownership in the County of any and all the Contractor shall maintain the documentation mandated to
Work Product. The Contractor may not secure copyright be kept by this law on the construction site at all times.
protection. The County reserves to itself,and the Contractor Employee sign-in sheets and register/log books shall be kept
hereby gives to the County, and to any other person on the construction site at all times and all covered
designated by the County, consent to produce, reproduce, employees, as defined in the law, shall be required to sign
publish,translate,display or otherwise use the Work Product. such sign-in sheets/register/log books to indicate their
This paragraph shall survive any completion, expiration or presence on the construction site during such working hours.
termination of this Contract.
24. Certification Regarding Lobbying
The County shall be deemed to be the author of all the Work
Product. The Contractor acknowledges that all Work Product Together with this Contract and as a condition precedent to
shall constitute "work made for hire" under the U.S. its execution by the County, the Contractor shall have
copyright laws. To the extent that any Work Product does not executed and delivered to the County the Certification
constitute a "work made for hire," the Contractor hereby Regarding Lobbying (if payment under this Contract may
assigns to the County all right,title and interest,including the exceed $100,000) as required by Federal regulations, and
right, title and interest to reproduce, edit, adapt, modify or shall promptly advise the County of any material change in
otherwise use the Work Product, that the Contractor may any of the information reported on such Certification, and
have or may hereafter acquire in the Work Product,including shall otherwise comply with, and shall assist the County in
all intellectual property rights therein, in any manner or complying with, said regulations as now in effect or as
medium throughout the world in perpetuity without amended during the term of this Contract.
compensation. This includes,but is not limited to,the right
to reproduce and distribute the Work Product in electronic or 25. Record Retention
optical media,or in CD-ROM,on-line or similar format.
The Contractor shall retain all accounts,books,records,and
b. Patents other documents relevant to the Contract for seven(7)years
after final payment is made by the County. Federal, State,
If the Contractor develops, invents, designs or creates any and/or County auditors and any persons duly authorized by
idea, concept, code, processes or other work or materials the County shall have full access and the right to examine any
during the Term, or as a result of any Services performed of said materials during said period. Such access is granted
under the Contract("patent eligible subject matter"),it shall notwithstanding any exemption from disclosure that may be
be the sole property of the County. The Contractor hereby claimed for those records which are subject to nondisclosure
assigns to the County its entire right,title and interest,if any, agreements, trade secrets and commercial information or
to all patent eligible subject matter,and agrees to do all acts financial information that is privileged or confidential
and execute all documents, and to use its best efforts to Without limiting the generality of the foregoing, records
ensure that its employees, consultants, subcontractors, directly related to contract expenditures shall be kept for a
vendors and agents do all acts and execute any documents, period often(10)years because the statute of limitations for
necessary to vest ownership in the County of any and all the New York False Claims Act(New York False Claims Act
patent eligible subject matter. The Contractor may not apply § 192)is ten(10)years.
for or secure for itself patent protection. The County reserves
to itself,and the Contractor hereby gives to the County,and 26. Contract Agency Performance Measures and Reporting
to any other person designated by the County, consent to Requirements—Local Law No.41-2013
produce or otherwise use any item so discovered and/or the
right to secure a patent for the discovery or invention. This a. If payment under this Contract may exceed
paragraph shall survive any completion, expiration or $50,000,it is subject to the requirements of Suffolk County
termination of this Contract. Local Law No. 41-2013, a Local Law to Implement
Performance Measurement to Increase Accountability and
22. Arrears to County Enhance Service Delivery by Contract Agencies(Article VIII
of Chapter 189 of the Suffolk County Code) as set forth in
Contractor warrants that, except as may otherwise be Article IV entitled "Suffolk County Legislative
authorized by agreement, it is not in arrears to the County Requirements."
upon any debt,contract,or any other lawful obligation,and is
not in default to the County as surety. b. The Contractor shall cooperate with the Department
in all aspects necessary to help carry out the requirements of
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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-E
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OF APPLICATION FOR COUNTY COMPENSATION-
Article IV-E LIVING WAGE CERTIFICATION/DECLARATION-
Suffolk County Legislative Requirements SUBJECT TO AUDIT."
NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE 3. Use of County Resources to Interfere with Collective
REQUIREMENTS FORMS REFERENCED HEREIN ARE Bargaining Activities
AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON It shall be the duty of the Contractor to read,become familiar
THE SIGNATURE PAGE OF THIS CONTRACT. with, and comply with the requirements of Article I of
1. Contractor's/Vendor's Public Disclosure Statement Chapter 803 of the Suffolk County Code.
County Contractors (as defined by section 803-2) shall
It shall be the duty of the Contractor to read,become familiar comply with all requirements of Chapter 803 of the Suffolk
with, and comply with the requirements of section A5-8 of County Code,including the following prohibitions:
Article V of the Suffolk County Code.
a. The Contractor shall not use County funds to assist,
Unless certified by an officer of the Contractor as being promote,or deter union organizing.
exempt from the requirements of section A5-8 of Article V of
the Suffolk County Code, the Contractor represents and b. No County funds shall be used to reimburse the
warrants that it has filed with the Comptroller the verified Contractor for any costs incurred to assist,promote,
public disclosure statement required by Suffolk County or deter union organizing.
Administrative Code Article V,section A5-8 and shall file an
update of such statement with the Comptroller on or before C. No employer shall use County property to hold a
the 31st day of January in each year of the Contract's meeting with employees or supervisors if the
duration. The Contractor acknowledges that such filing is a purpose of such meeting is to assist, promote, or
material,contractual and statutory duty and that the failure to deter union organizing.
file such statement shall constitute a material breach of the
Contract, for which the County shall be entitled, upon a If the Services are performed on County property, the
determination that such breach has occurred,to damages,in Contractor must adopt a reasonable access agreement, a
addition to all other legal remedies,of fifteen percent(15%) neutrality agreement, fair communication agreement, non-
of the amount of the Contract. intimidation agreement, and a majority authorization card
agreement.
Required Form:
Suffolk County Form SCEX 22; entitled If the Services are for the provision of human services and are
"Contractor's/Vendor's Public Disclosure Statement" not to be performed on County property,the Contractor must
adopt,at the least,a neutrality agreement.
2. Living Wage Law
Under the provisions of Chapter 803,the County shall have
It shall be the duty of the Contractor to read,become familiar the authority,under appropriate circumstances,to terminate
with, and comply with the requirements of Chapter 575, of the Contract and to seek other remedies as set forth therein,
the Suffolk County Code. for violations of this Law.
This Contract is subject to the Living Wage Law of the Required Form:
County of Suffolk. The law requires that, unless specific Suffolk County Labor Law Form DOL-LO1;entitled"Suffolk
exemptions apply, all employers (as defined)under service County Department of Labor—Labor Mediation Unit Union
contracts and recipients of County financial assistance, (as Organizing Certification/Declaration-Subject to Audit."
defined) shall provide payment of a minimum wage to
employees as set forth in the Living Wage Law. Such rate 4. Lawful Hiring of Employees Law
shall be adjusted annually pursuant to the terms of the Suffolk
County Living Wage Law of the County of Suffolk. Under It shall be the duty of the Contractor to read,become familiar
the provisions of the Living Wage Law,the County shall have with, and comply with the requirements of Article II of
the authority,under appropriate circumstances,to terminate Chapter 353 of the-Suffolk County Code.
the Contract and to seek other remedies as set forth therein,
for violations of this Law. This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk. It provides that all covered
Required Forms: employers, (as defined),and the owners thereof,as the case
may be,that are recipients of compensation from the County
Suffolk County Living Wage Form DOL-LW1/38 (Revised through any grant, loan, subsidy, funding, appropriation,
8/2017)entitled"SUFFOLK COUNTY DEPARTMENT OF payment, tax incentive, contract, subcontract, license
LABOR,LICENSING&CONSUMERAFFAIRS—NOTICE agreement,lease or other financial compensation agreement
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issued by the County or an awarding agency, where such
compensation is one hundred percent(100%)funded by the Required Forms:
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, 5. 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 ofthe
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 7 Child Sexual Abuse Reporting Policy
upon the renewal or amendment of the Contract, and
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.
S. 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 in 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
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(10)years. The term"conviction" shall mdan a finding of
guilty after a trial or a plea of guilty to an offense covered All contract agencies that provide services to minors are
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 14. Suffolk County Local Laws Website Address
the County does not represent approval or endorsement of
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 https://suffolkeounlyny.gov/Portals/0/formsdoes/Boardofethic
the Term of the Contract,the Contractor, if it is a not-for- s/Code%20of%20Ethics%20Booklet%20-
profit or governmental agency or institution,shall enter into %20New%20Revised%20May%202017 pdf
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
accordance with the Contract, for which the County may End of Text for Article IV-E
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.
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Article V-E Control. Documentation, including any other
General Fiscal Terms and Conditions form(s)required by County or the Suffolk County
Department of Audit and Control, shall be
1. General Payment Terms furnished to the County pursuant to,and as limited
by,the Regulations for Accounting Procedures for
a. Presentation of Suffolk County Payment Contract Agencies of the Suffolk County
Voucher Department of Audit and Control. In addition to
any other remedies that the County may have,
In order for payment to be made by the County to failure to supply the required documentation will
the Contractor for the Services,the Contractor shall disqualify the Contractor from any further County
prepare and present a Suffolk County Payment contracts.
Voucher,which shall be documented by sufficient,
competent and evidential matter. Each Suffolk C. Payment by County
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
expiration or termination of this Contract fora Payment Voucher by the Comptroller.
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
b. Voucher Documentation Modification Request form ("Budget
Modification") for revisions to the
The Suffolk County Payment Voucher shall list all Budget and Services not involving an
information regarding the Services and other items increase to the total cost of the Contract.
for which expenditures have been or will be made If the Contractor is seeking such a
in accordance with the Contract. Either upon modification, the Contractor shall
execution of the Contract(for the Services already contact the Department to receive the
rendered and expenditures already made), or not form and enter the required information.
more than thirty (30) days after the expenditures When the County and the Contractor
were made, and in no event after the 31" day of agree as to such revisions,the Contractor
January following the end of each year of the shall sign the Budget Modification form
Contract, the Contractor shall furnish the County and return it to the County for execution
with detailed documentation in support of the along with any other documentation the
payment for the Services or expenditures under the Department may require.
Contract e.g. dates of the Service, worksite
locations,activities,hours worked,pay rates and all ii.) Such request must be made in advance of
program Budget categories. The Suffolk County incurring any expenditure for which the
Payment Voucher shall include time records, revision is needed.
certified by the Contractor as true and accurate,of
all personnel for whom expenditures are claimed iii.) Upon complete execution of the Budget
during the period. Time and attendance records of Modification form, the County shall
a Contractor's Director/Executive Director shall be return a copy to the Contractor. The
certified by the Chairperson, President or other revision shall not be effective until the
designated member of the Board of Directors of the Budget Modification is completely
Contractor and shall be maintained by the executed.
Contractor for audit. All Suffolk County Payment
Vouchers must bear a signature as that term is iv.) The Budget Modification form may be
defined pursuant to New York State General submitted only twice per calendar year
Construction Law§46 by duly authorized persons, and may only be submitted prior to
and certification of such authorization with November 15`h.of that year.
certified specimen signatures thereon must be filed
with the County by a Contractor official e. Budget and/or Services Revisions
empowered to sign the Contract.
Disbursements made by the Contractor in i.) The parties shall use the Contract
accordance with the Contract and submitted for Budget/Services Revision Approval
reimbursement must be documented and must Form (Budget/Services Revisions) for
comply with accounting procedures as set forth by revisions to the Budget and Services
the Suffolk County Department of Audit and involving any change to the total cost of
the Contract due to a resolution of the
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Legislature, changes to the County's reimbursable to the County by the
adopted annual budget, or for any other Contractor and the terms and conditions
reason necessitating revisions to the under which such reimbursement shall
Budget or Services. be paid.
ii.) When the County and the Contractor C. The County may, during the Term,. impose a
agree as to such revisions, the Budget Deficiency Plan. In the event that a Budget
Department will enter the information Deficiency Plan is imposed, the County shall
into the Budget/Services Revisions form promptly notify the Contractor in writing of the
and send it to the Contractor for terms and conditions thereof, which shall be
signature.The Contractor shall return it deemed incorporated in and made a part of the
to the County for execution along with Contract,and the Contractor shall implement those
any other documentation the Department terms and conditions in no less than fourteen(14)
may require. days.
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
shall not be effective until the Budget a, Upon request, the Contractor shall submit to the
/Services Revisions Form is completely County a current copy,certified by the Contractor
executed. as true and accurate,of its
L Taxes i.) salary scale for all positions listed in the
The charges payable to the Contractor under the Budget;
Contract are exclusive of federal, state, and local ii.) personnel rules and procedures;
taxes,the County being amunicipality exempt from
payment of such taxes. iii.) pension plan and any other employee
benefit plans or arrangements.
g. Final Voucher
b. The Contractor ,shall not be entitled to
The acceptance by the Contractor of payment of all reimbursement for costs under any pension or
billings made on the final approved Suffolk County benefit plan the Comptroller deems commercially
Payment Voucher shall operate as and shall be a unreasonable.
release of the County from all claims by the
Contractor through the date of the Voucher. d. Notwithstanding anything in
this paragraph 3 of this Article
2. Subject to Appropriation of Funds V-A, the County shall not be
limited in requesting such
a. The Contract is subject to the amount of funds additional financial
appropriated each fiscal year and any subsequent information it deems
modifications thereof by the County Legislature, reasonable.
and no liability shall be incurred by the County
beyond the amount of funds appropriated each 4. Accounting Procedures
fiscal year by the County Legislature for the
Services. a. The Contractor shall maintain accounts, books,
records, documents, other evidence, and accounting
b. If the County fails to receive Federal or State funds procedures and practices which sufficiently and
originally intended to pay for the Services, or to properly reflect all direct and indirect costs of any
reimburse the County, in whole or in part, for nature expended in the performance of the Contract,in
payments made for the Services,the County shall accordance with generally accepted accounting
have the sole and exclusive right to: principles and with rules, regulations and financial
directives, as may be promulgated by the Suffolk
i.) determine how to pay for the Services; County Department of Audit and Control and the
Department. The Contractor shall permit inspection
ii.) determine future payments to the and audit of such accounts,books,records,documents
Contractor;and and other evidence by the Department and the Suffolk
County Comptroller,or their representatives,as often
iii.) determine what amounts, if any, are as, in their judgment, such inspection is deemed
18 of 27 pages
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necessary. Such right of inspection and audit as set the Contractor has received, or will receive, three
forth in subparagraph b. below shall exist during the hundred thousand($300,000.00)dollars or more from
Term and for a period of seven (7) years after the County, whether under the Contract or other
expiration or termination of the Contract. agreements with the County,and shall submit a report
to the County on the overall financial condition and
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.gov 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
b. The provisions of this paragraph shall survive the Grants
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
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be in accordance with OMB Uniform Grant f. The requirements set forth in this paragraph 6 shall not
Guidance — 2 CFR Part 200 ("Single Audit preclude the authorized representatives of the County,
Report"). Single Audit Reports must also be the Comptroller, or Federal or State entities from
uploaded to the Federal Audit Clearinghouse, to conducting any other duly authorized audit(s) of
the extent required by the OMB Uniform Grant records and financial statements of the Contractor. The
Guidance referred to above. In addition,the Single Contractor shall make such records and financial
Audit Report,respective financial statements and statements available to authorized representatives of
any Management Letters must be submitted to the Federal,State and County government for that purpose.
Department set forth on page one of this Contract
and emailed to the Executive Director of Auditing g. The provisions of this paragraph 6 shall survive the
Services at expiration or termination of the Contract.
subrecipientmonitoringe,suffolkcountyny.eov
within thirty (30) days after completion of the
audit, but in no event later than nine (9) months 7. Furniture,Fixtures,Equipment,Materials,Supplies
after the end of the Contractor's fiscal year, to
which the audit relates. a. Purchases, Rentals or Leases Requiring Prior
Approval
ii.) In the event the Contractor is a"Subrecipient"as Prior to placing any order to purchase,rent or lease
that term is defined in 2 CFR § 200.93 and the any furniture, fixtures, or equipment valued in
Contractor expends less than seven hundred fifty excess of one thousand dollars($1,000.00)per unit
thousand($750,000.00)dollars of Federal moneys, for which the Contractor will seek reimbursement
whether as a recipient expending awards received from the County,the Contractor shall submit to the
directly from Federal awarding agencies or as a County a written request for approval to make such
Contractor expending Federal awards received
from apass-through entity such as New York State a proposed purchase, rental or lease, with a list
fiscal year the showing the quantity and description of each item,
and/or Suffolk County, during any
Contractor must email a certified Exemption Letter, its intended location and use,estimated unit price
or cost, and estimated total cost of the proposed
the form of which shall be provided by the
Department,on the Contractor's Letterhead and a order. Written approval of the County shall be
Schedule of Federal Funds Expended to the required before the Contractor may proceed with
respective County Department and the Executive such proposed purchase, rental or lease of
furniture, fixtures or equipment. All items
Director of Auditing Services at purchased must be new or like new unless
subrecipientmonitoringO_suffolkcountymv.aov specifically described otherwise in the Budget.
within thirty (30) days of the end of the
Contractor's fiscal year. The Schedule of Federal b. Purchase Practices/Proprietary Interest of
Funds Expended must include all Federal funding County
received directly from the Federal government and
all Federal funds passed through from the County i.) The Contractor shall follow the general
and other pass-through entities. practices that are designed to obtain
furniture,fixtures,equipment,materials,
iii.) Subrecipients may include,but not necessarily be or supplies at the most reasonable price
limited to, not-for-profit organizations; units of or cost possible.
state government or a unit of local governments.
ii.) The County reserves the right to
e. Copies of any other audit reports including oversight purchase or obtain furniture, fixtures,
agency audits must be submitted to the Department set equipment,materials,or supplies for the
forth on page one of this Contract and emailed to the Contractor in accordance with the
Executive Director of Auditing Services at programmatic needs of the Contract. If
Audits(ajsuffolkcountyny.gov within thirty (30) days the County exercises this right, the
after completion of the audit(s). . 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 in the County.
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iii.) The County shall retain a proprietary
interest in all furniture, removable e. Protection of Property in Contractor's Custody
fixtures, equipment, materials, and
supplies purchased or obtained by the The Contractor shall maintain vigilance and take all
Contractor and paid for or reimbursed to reasonable precautions to protect the furniture,
the Contractor pursuant to the terms of fixtures, equipment, material or supplies in its
the Contract or any prior agreement custody against damage or loss by fire, burglary,
between the parties. theft, disappearance,vandalism, or misuse.In the
event of burglary, theft, vandalism, or
iv.) The Contractor shall attach labels disappearance of any item of furniture, fixtures,
indicating the County's proprietary equipment, material or supplies, the Contractor
interest or title in all such property. shall immediately notify the police and make a
record thereof,including a record of the results of
any investigation which may be made thereon. In
C. County's Right to Take Title and Possession the event of loss of or damage to any item of
furniture, fixtures, equipment, materials, or
Upon the termination or expiration of the Contract supplies from any cause, the Contractor shall
or any renewal thereof,the discontinuance of the immediately send the County a detailed written
business of the Contractor, the failure of the report thereon.
Contractor to comply with the terms of the
Contract, the bankruptcy of the Contractor, an f. Disposition of Property in Contractor's Custody
assignment for the benefit of its creditors, or the
failure of the Contractor to satisfy any judgment Upon termination of the County's funding of any
against it within thirty (30) days of filing of the of the Services covered by the Contract,or at any
judgment,the County shall have the right to take other time that the County may direct, the
title to and possession of all furniture,removable Contractor shall make access available and render
fixtures,equipment,materials,and supplies and the all necessary assistance for physical removal by the
same shall thereupon become the property of the County or its designee of any or all furniture,
County without any claim for reimbursement on the removable fixtures, equipment, materials or
part of the Contractor. supplies in the Contractor's custody in which the
County has a proprietary interest, in the same
d. Inventory Records,Controls and Reports condition as such property was received by the
Contractor, reasonable wear and tear excepted.
The Contractor shall maintain proper and accurate Any disposition, settlements or adjustments
inventory records and controls for all such connected with such property shall be in
furniture, removable fixtures and equipment accordance with the rules and regulations of the
acquired pursuant to the Contract and all prior County and the State of New York.
agreements between the parties,if any. Three(3)
months before the expiration date of the Contract, 8, Lease or Rental Agreements
the Contractor shall make a physical count of all
items of furniture, removable fixtures and If lease payments or rental costs are included in the Budget as
equipment in its custody, checking each item an item of expense reimbursable by the County, the
against the aforesaid inventory records. A report Contractor shall promptly submit to the County, upon
setting forth the results of such physical count shall request, any lease or rental agreement. If during the Term,
be prepared by the Contractor on a form or forms the Contractor shall enter into a lease or rental agreement,or
designated by the County,certified and signed by shall renew a lease or rental agreement,the Contractor shall,
an authorized official of the Contractor,and one(1) prior to the execution thereof, submit such lease or rental
copy thereof shall be delivered to the County agreement,to the County for approval.
within five (5) days after the date set for the
aforesaid physical count. Within five(5)days after 9. Statement of Other Contracts
the termination or expiration date of the Contract,
the Contractor shall submit to the County six(6) Prior to the execution of the Contract, the Contractor shall
copies of the same report updated to such date of submit a Statement of Other Contracts to the County. If the
the Contract,certified and signed by an authorized
official of the Contractor,based on aphysical count Contract is amended during the Term, or if the County
of all items of furniture, removable fixtures and exercises its option right,the Contractor shall submit a then
equipment on the aforesaid expiration date, and current Statement of Other Contracts.
revised, if necessary, to include any inventory
changes during the last three (3) months of the
Term.
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10. Miscellaneous Fiscal Terms and Conditions e. Potential Revenue
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
hereunder by the County to the Contractor for
ii.) Sufficient funding is available for or can 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.
22 of 27 pages
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i. Payment of Claims the County.
Upon receipt of a Suffolk County Payment n. Contractor Vacancies
Voucher,the County,at its discretion,may pay the
Contractor during the Term,in advance,an amount The County shall have the right of prior approval of
not to exceed one sixth (1/6) of the maximum the Contractor's filling of any vacant position as of
amount to be paid by the County set forth on the the date of execution of the Contract or as may
first page of the Contract. thereafter become vacant, and, in the exercise of
that right.The County may promulgate reasonable
j. Payments Limited to Actual Net Expenditures regulations involving filling of vacancies which
shall be deemed to be incorporated by reference in,
The Contractor agrees that if, for any reason and be made part of, the Contract, provided,
whatsoever,the Contractor shall spend during the however,that subject to the availability of funding,
Term for the purposes set forth in the Contract an approval for the hiring of replacement clerical shall
amount less than, or receive amounts more than, be a Contractor determination.
provided in the Budget, the total cost of the
Contract shall be reduced to the net amount of
actual Contractor expenditures made for such o. No Limitation On Rights
purposes. The total amount to be paid by the
County shall not exceed the lesser of(i)actual net Notwithstanding anything in this Article V to the
expenditures or(ii)the total cost of the Contract on contrary,the County shall have available to it all
the cover page and in the Budget. Upon rights and remedies under the Contract and at law
termination or expiration of the Contract, if the and equity.
Contractor's total amount of allowable expenses is
less than the total amount of the payments made P. Comptroller's Rules and Regulations
during the Term, the Contractor shall prepare a
check payable to the Suffolk County Comptroller The Contractor shall comply with the
for the difference between the two amounts and "Comptroller's Rules and Regulations for
submit such payment to the County,along with the Consultant's Agreements"as promulgated by the
final Suffolk County Payment Voucher. Department of Audit and Control of Suffolk
County and any amendments thereto during the
k. Travel, Conference, and Meeting Attendance: Term of the Contract. The"Comptroller's Rules
SOP A-07 Amendment 1 and Regulations for Consultant's Agreements"and
"SOP A-07 Amendment 1"may be viewed online
Reimbursement to the Contractor for travel costs at the County's website,SuffolkCountyny.gov;go
shall not exceed amounts allowed to County to "Government," then "Comptroller," then
employees. All conferences that are partially or "Consultant's Agreements."
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 End of Text for Article V-E
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."
1. Salaries
The Contractor shall not be eligible to receive any
salary reimbursement until proof of deposit or
payment of all withholding and payroll taxes to the
Federal/State governments has been provided to the
County.
m. Salary Increases
No salary, wage, or other compensation for the
Services shall be increased over the amount stated
in the Budget without the prior written approval of
23 of 27 pages
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003- 6802/6803/6804/6798/6799
Article VI-E
Budget
RATE PAGE
Nutrition Program for the Elderly
January 1,2022 -December 31,2022
CONGREGATE MEALS
$6.40
HOME-DELIVERED MEALS
$6.79
24 of 27 pages
r
Granting Department:< Federal Awarding ;Federal Award Identification .. CFDA Number and Name:
Suffolk County Office for Agency: Number; N/A 93.045
the Aging" Health and Human
Services
•Awarding Official Name and County Contract Contract Percentage: Federal Award Date:
Contact Information: ' ." Number: 1/1/22
Suffolk County rOffic'6for 22000009018 CAA-HDCS:.-
the Aging Federal Percentage:100%
100 Veterans Memorial. State°Percentage:0-%
highway County-Percentage:0%
PO SOX 6100 .
Hauppauge,NY 11788 Contract Period of
Performance:
1/1/22-12/31/22
Subrecipient Name,&Address Subrecipient's Federal Funds Obligated by this` Federal Funds Obligated to
gown of Southold.. Unique Entity Action: Subrecipient by County
53095_Main Road ndantifier: 1F,9�42c • including current obligation:
P.0.`BoM.117 $339 930
Southold,NY'11971-!1959 `
Research & Total,Federal Award`
Development Committed to Subrecipient"
❑Yes ❑No by the County:.
n/a $169,020
Indirect cost rate for the Federal award(including if the de minimis rate is charged per§200.414 Indirect(F&A)costs):
N/A
A ,proved-federally„recognized,indirectcost,rate.negotiated between,the.subreci'lentand-the Federal
Government ot, if no such rate.exists, either a rate negotiated between the pass-through entity and the
subrecipient"(in domplianc`e.with this part); or a.de minimis indirect cost rate as defined.-in,§200.414
Indire'ct(F&A) costs,,paragraph,
Federal Award Project Description:
Consolidated Appropriations Act(HDC5)-93.045
Requirements imposed by the,pass-through entity ori the subrecipient so that the Federal'award is used in
accordance with Federal statutes, regulations and•theterms.and conditions of the;Federal award:;
Requir&nents ar'e detailed in the contract with-Suffolk<County. . .
Additional requirements that the pass-through entity imposes on the subrecipient in order for the pass-through entity to meet its
own responsibility to the Federal awarding agency including identification of any required financial and performance reports:
Requirements are detailed in the contract with Suffolk County.
Close-Out Dir„ec#ori,:... ,,_
All vouchers and backup,must be sub mitted'within 30 days of-award period. ,
The above information is to be furnished to all subrecipients of federal awards as stated in 2 CFR Part
200.331.
25 of 27 pages
Grant! Department � Federal Awarding Federal Award"Identification CFDA Number and Name:
5uffvll County Office for Agency: Number NJA' 93.045
theAgdng Health and Human
Y r �' Services a `
AwardinOfficial Name and County Contract Contract Percentage
g Federal Award Date:
Number: 1/1/22
Co'ntact information 22000009018
Tale IIIC
,Suffoik County Office for ,�'
the Aging xFederal Percentage 90%
z
X100 veterans Niemoria! ;State Percentage -0
Highway :County Percentage 10% k
SPO RO}C
Hauppauge,NfY 118 Contract Period of
Performance:
, . x 1/1/22-12/31/22
4
Subrecipient Name&Address Subrecipienfs , Federal Fundsp6i+gated bythis r Federal Funds Obligated to
Town of Southold s Unique Entity Subrecipient by County
Identifier: includingcurrent obligation:
53095Main Road n/a -,"�13iU84 $331 93g
B, ox 9:'S A jy. v ' .-ti r
;Southold,N 31971 12959 Research & �TdtaI-FdddtaI Award
Development Committed to Suf;"recipient,. `
❑Yes p ❑No by the County
n/a $136,084
,d.
Indirect cost rate for the Federal award(including if the de minimis rate is charged per§200.414 Indirect(F&A)costs):
Not to exceed 20%
;Approved #ederally recognized indirect cost rate negotiated bet ,0en,th subrecip�enfi and the Federal
Government or, if no such rate exists, either a rate`negotiated betwepp,: e,pass through entity and,the
subrecipiep (in comp)ante with this pXart),or a de min�rnis indirect cost rate,as defined`in`§200 414
,indirect(F&A) costs, paragraph (fl
Notato exceed 20%
y,3 ✓a , i, y -k ,? 3i '' P` bg fY
Federal Award Project Description:
Title IIIC of the Older Americans Act 93.045
;;Requirements imposed{by the:pass through:entity on thesubrecipient'so that the Federal award Is used In < =
raccorla,nce with Federal'st, , es, regulatior's aand"the terms and conditions;of thb'Federal award. .
.RegOi'rernentscre detailed in'the'=contractwith Suffolk¢County.
Additional requirements that^the pass-through entity imposes on the Subrecipient in order for the pass-through entity to meet its
own responsibility to the Federal awarding agency including identification of any required financial and performance reports:
Requirements are detailed in the contract with Suffolk County.
Close Out Direction �' Z" � >
111 vouchers and lckup:must 15e submitted within:30 days of award p`enod
The above information is to be furnished to all subrecipients of federal awards as stated in 2 CFR Part
200.331.
26 of 27 pages
S t -
Grantmg Department Federal AwardingFederal Award Identification CFDA Number and Name:
A enc 93.053
SufFolk Counter Office for 9 Y Number N/A
theAging Health and Human
nr ,, Services
Awarding Official Name and ' County Contract Contract Percentage ° Federal Award Date:
Contact information Number: t 1/1/22
r
Suffoi}<Caunty Of#ice for 22000009018 NSIt?
the Aging k Federal Percents a 10t)%.
g
10o Veterans.Memarial State Percentage -0 % `
H'ghvay � °' ` County Percentage 0%
PO B®X 6100 r
Haup}auge,fY 11785 * Contract Period of
Performance:
='
1/1/22-12/31/22
Subrecipient Name&Address Subrecipient's Federal FundsOb6gated bythis Federal Funds Obligated to
Town�of southoid Unique Entity Action: Subrecipient by County
Identifier:
53095 ain Road` X26,826 including current obligation:
n/a
$331,930
P O Boa,11794
I Uthoid,lVy 11971 0959 Research & Tota1 Federal Award
f Development Coinimtted to Subrecl lent
f ❑Yes ❑No b
p
y the County
1 n/a $26,825
Indirect cost rate for the Federal award(including if the de minimis rate is charged per§200.414„Indirect(F&A)costs):
n/a
Approved federally recognized Indirect cost rate negotiated between the sub6ddip enfi and the.Federal
Government or `if4no such rate exists, eltlier a;rate negotiated between the pass-through:entity and the
subrecipienfi(In compliance with this part), or a de rninimis Indirect cost rate`as defined; n X200 414
Indlrect(F&A) costs, paragraph (f)
Federal Award Project Description:
Nutrition Services Incentive Program 93.053
Requlrernents'Imposed by the pass through entity on theaubreclpient_so that the Federal award Is used rn'
accordance with Federal statutes, regialatlons and the terms aril condrtlons;of the"Federal award
=Requirements are detailetl in the,contract with 5uffalk County
Additional requirements that the pass-through entity imposes on the subrecipient in order for the pass-through entity«to meet its
own responsibility to the Federal awarding agency including identification of any required financial and performance reports:
Requirements are detailed in the contract with Suffolk County.
l! vouchers and backup must be submitted within 30 days of award perrad:
The above information is to be furnished to all subrecipients of federal awards as stated in 2 CFR Part
200.331.
27 of 27 pages
COUNTY OF SUFFOLK
Steven Bellone
COUNTY EXECUTIVE
OFFICE FOR THE AGING
Holly S.Rhodes-Teague
DMCTOR
April 27, 2022
The Honorable Scott A. Russell, Supervisor
Town of Southold
53095 Main Road
PO Box 1179
Southold, NY 11971
RE: Nutrition Program Fifth Amendment
Dear Supervisor Russell;
The fully executed Amendment referenced above is enclosed for your files.
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.
z:
Ellen Frankino
Senior Contracts Examiner
EF:Id
Enclosures
cc: Karen McLaughlin
H.LEE DENNISON BUILDING ♦ 100 VETERANS MEMORIAL HIGHWAY ♦ P.O.BOX 6100 ♦ HAUPPAUGE,N.Y.11788-0099
♦ PHONE(631)853-8200 ♦FAX(631)853-8225
OVER 40 YEARS AS THE DESIGNATED AREA AGENCY ON AGING PROVIDING SERVICES FOR OLDER CITIZENS
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NOTIFICATION OF RIGHTS UNDER
THE LIVING WAGE LAW
According to the provisions of Local Law # 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 Mage section. All
inquiries will remain confidential.