HomeMy WebLinkAboutSC Office for the Aging - Shopping Assistance Program 'E V
o�o%gVFQ � JUN 2 4 2022
o so�@��I®Age
N °wh Clerk
o
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Denis Noncarrow, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: June 23, 2022
Subject: Shopping Assistance Program Agreement between Town of
Southold and Suffolk County Office of the Aging
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/mm
Enclosures
cc: Accounting
COUNTY OF SUFFOLK
Steven Bellone
COUNTY EXECUTIVE
OFFICE FOR THE AGING
Holly S.Rhodes-Teague
DMECTOR
June 13, 2022
The Honorable Scott A. Russell, Supervisor
Town of Southold
53095 Main Road
PO Box 1179
Southold, NY 11971
RE: Shopping Assistance Program
Dear Supervisor Russell,
The fully executed Agreement referenced above is enclosed for your files.
Attached is a copy of All Department Heads Memorandum 30-97 explaining budget
modification requirements. Any budget modification not meeting these requirements
may be delayed or rejected by the Budget Office.
Also enclosed find the Notification of Rights, which must be posted as part of your
compliance with Local Law No. 12-2001, the Living Wage Law.
.If you require any further information, please contact Ellen Frankino at 853-8262.
Sincerely,
Ellen Frankino
Sen' r Contracts Examiner
E :Id
Enclosures
cc: Ellen Frankino
Karen McLaughlin
H.LEE DENNISON BUILDING ♦ 100 VETERANS MEMORIAL HIGHWAY ♦ P.O.BOX 6100 ♦ HAUPPAUGE,N.Y.11788-0099
♦ PHONE(631)853-8200 ♦FAX(631)853-8225
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 Wage section. All
inquiries will remain confidential.
------------
3®=97
• OFFICE OF THE COUNTY EXECUTIVE
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e ���—DEPAN
-DEPARTMENT-HEADS ENT 8 EADS Hp ®�
ago
DATE.- June 10Q 1 97
�®I��'1�C�°ACl✓NC� ������°�®�Bg�CA°1Cl��t� _
"eMOOndum applies to those departments who pay contract agencies from the Operating
Budget 4770 or 4986 objwts.
®n August 29,1995,ADH 47-95 was issued to resolve pr®blcffis WM6 had developed regardiag
615 P11,Cdares and req uampents for modifying Cont agency,budgets. in Orly 19979 there
were again probleans with timeliness and the reasons f®r modifications for cert departments
HnvoNing 1996 contracts,
Departments who deal with contract agencies have a major responsibility in the processing of
contimct budget modifications. Therefore, the attached pro
cedcares� Which Bake c wt�rgth all
contract agencies.
1997 contracts should be closely.f®Il®wed. Please.dlst�ibutc these proceduresures t® all®fy®ate
If there are any questions regarding this A.DK please contact your departrnenes Budget
Examiner.
ERIC A. KOP
Chief Deputy County Executive
istribu—ti 0n
Department Heads
Attachment
- E
1997
i
0101,
BUDGETA
A Tr
NS
1. N®11-equipment regia'sts f®r contract budget modifications ° Es be a�red at tE��c� .
�K utive°s Budget office aao later than 45 c dendag days Prior to the end of the ua
Pascal Year° Fquipaaaent rnodificatio�musg be received 90 calendar days psi®r get
of the contract fiscal year. d
Und
2. requested
ed be made pr es case expenditures for which a budget modification is being
ragas-std be made ®�to the approval®f the modification by the Budget ®mac
3. A-n agency will be restricted to three approved modifications per year°
4• F.ach!arae item ucsted to be m0dified-must be'fully jusofled and must be °
related to the intent Of the pro d dy
5• Any transfers to increase salary rates of comet employees,,create new positions
change the title of a position,must be submitted prior to the rate iiiemse being given
the position bei4g filled° Tae Budget®face will Aot.apPIo'Ve retroactive salary mi�v�increases'
The only ey-cccption applies to a retroactive labor agreement between an a
union bargaining gency and their
unit(s)°
6. Budget modifications cannot ince the dollar amount of the contract.
MO—CEDURe
l- Four copies of the proposed budget laddi
including a letter fromthe agency fiCati®n and one copy Of the,UstifiCaaon,
Budget office with the d 39 the change, sir®aid be forwarded to the
days of re6eapt of the red by the departmentdation Atli.fft=n(15)calendar
2° The justification must include the effect®f the modification on the pg®
the available reeimbaa�ement to the t;oiaaa ,'chanties in
willbe paid to the agency, and the dollar amount of�reabursegraeilt itional oar amount w ch
m®dificati In is approved. the County, if the
3. If the contact is funded ander a Federal or the State or State reirgabaaa�chent,
D pai neem Head must advise in the
for the modificatigin required seed whether attachedo crenate or Federal,approval
change has been approved by the:fiM g agency tata®ta showing the
4° Tie budget modification format mast indicate the lime items the carrent budget amour
ale amount spent year to date, the anewount of the line i
the change° tern and the dollar amount of
_ a
s,x �
Rev. 12/27/2021;Law No. a IFMS 00000013050
-Shopping Assistance Program 001-6777-KIT1-4980-95285
Contract
This Contract("the Contract") is between the County of Suffolk("the County"),a municipal corporation of
the State of New York,acting through its duly constituted Office for the Aging("the Department"),located at 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.
The Contractor has been designated to receive funds from the County to provide a Shopping Assistance Program
for the Elderly("the Services") as set forth in Article I,entitled"Description of Services."
Term of the Contract: January 1,2022 through December 31,2022;with an option,to be exercised at the County's
discretion,to June 30,2023 on the same terms and conditions herein.
Units of Service: 1000 Units of Shopping Assistance
80 Unduplicated Served
*A Unit of Service will be defined as one client contact.
Total Cost of the Contract: Shall not exceed$40,000.00,to be paid as set forth-in Articles V and VI as set forth_
herein,unless revised by a Suffolk County Resolution and in accordance with paragraph Le. of Article V of this Contract.
Terms and Conditions: Shall be as set forth in Articles I through VI,attached hereto and made a part hereof
In Witness Whereof,the parties hereto have executed the Contract asthe)late dat written below.
11 ,Town of Southold Countyf Suffolk
By: _ By:
Scott A.Russell Lisa lac
Supervisor Chief Deputy C �y Executive
#
Fed. Tax 1131 11-6 01939 Date tr•'
Date Y I a 1&0x"),
Approved:
's ��,. `e.I hereby certifies Suffolk County Office for the Aging
under penalties of perjury that I am an officer of
. C44CIL-0 JL
1� By.
6 ,that I have read and Holly 6,Rhodes-Teague
e in
I am familiar with Director,AS-8 of Article V of the Suffolk County Code,and that ffice for thA
g g
meets all requirements to qualify for Date�_ to
exemption thereunder.
t
Name 4 � bate �a� Recommen
Approved as to Form: By:
Dennis Cohen Michelle Belsky
Suffolk County Attorney Food Service Supervisor,/
Date
By:
Liliana Canela garm'
Assistant County Attorney
Date S01 o? v� 0072270
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{Rev. 12/27/2021; Law No. IFMS 00000013050
-Shopping Assistance Program 001-6777-KIT1-4980-95285
List of Articles
Article I
Description of Services
1. Conflicting Provisions
2. Federal CFDA Subrecipient Requirements
3. Services
4. Contractor Narrative
Article IA
Grievance Procedures
Article II
Definitions
1. Meanings of Terms
2. Elements of Interpretation
Article III
General Terms and Conditions
1. Contractor Responsibilities
a. Duties and Obligations
b. Qualifications, Licenses, and Professional Standards
c. Notifications
d. Documentation of Professional Standards
e. Credentialing
f. Engineering Certificate
2. Termination
a. Thirty Days Termination
b. Event of Default; Termination on Notice
c. Termination Notice
d. Duties upon Termination
3. Indemnification and Defense
4. Insurance
5. Independent Contractor
6. Severability
7. Merger;No Oral Changes
8. Set-Off Rights
9. Non-Discrimination in Services and Employment
10.Nonsectarian Declaration
11. Governing Law
12.No Waiver
13. Conflicts of Interest
14. Cooperation on Claims
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15. Confidentiality
16. Assignment and Subcontracting
17. Changes to Contractor
18.No Intended Third Parry Beneficiaries
19. Certification as to Relationships
20. Publications
21. Copyrights and Patents
a. Copyrights
b. Patents
22. Arrears to County
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction
24. Certification Regarding Lobbying
25. Record Retention
26. Contract Agency Performance Measures and Reporting Requirements - Local Law No. 41-2013
27. Notice
Article IV
Suffolk County Legislative Requirements
1. Contractor's/Vendor's Public Disclosure Statement
2. Living Wage Law
3. Use of County Resources to Interfere with Collective Bargaining Activities
4. Lawful Hiring of Employees Law
5. Gratuities
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas
7. Child Sexual Abuse Reporting Policy
8. Non Responsible Bidder
9. Use of Funds in Prosecution of Civil Actions Prohibited
10. Youth Sports
11. Work Experience Participation
12. Safeguarding Personal Information of Minors
13. Contract Agency Performance Measures and Reporting Requirements
14. Suffolk County Local Laws Website Address
15. Suffolk County Code of Ethics
Article V
General Fiscal Terms and Conditions
1. General Payment Terms
a. Presentation of Suffolk County Payment Voucher
b. Voucher Documentation
c. Payment by County
d. Budget Modification
e. Budget and/or Services Revisions
f. Taxes
g. Final Voucher
2. Subject to Appropriation of Funds
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3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
4. Accounting Procedures
5. Audit of Financial Statements
6. Financial Statements and Audit Requirements
7. Furniture, Fixtures, Equipment, Materials, Supplies
a. Purchases, Rentals or Leases Requiring Prior Approval
b. Purchase Practices/Proprietary Interest of County
c. County's Right to Take Title and Possession
d. Inventory Records, Controls and Reports
e. Protection of Property in Contractor's Custody
f. Disposition of Property in Contractor's Custody
8. Lease or Rental Agreements
9. Statement of Other Contracts
10. Miscellaneous Fiscal Terms and Conditions
a. Limit of County's Obligations
b. Duplicate Payment from Other Sources
c. Funding Identification
d. Outside Funding for Non-County Funded Activities
e. Potential Revenue
f. Payments Contingent upon State/Federal Funding
g. Denial of Aid
h. Budget
i. Payment of Claims
j. Payments Limited to Actual Net Expenditures
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1
1. Salaries
in. Salary Increases
n. Contractor Vacancies
o. No Limitation On Rights
p. Comptroller's Rules and Regulations
Article VI
Budget
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Rev.`12/27/2021; Law No. IFMS 00000013050
-Shopping Assistance Program 001-6777-KIT1-4980-95285
Article I
Description of Services
Whereas, the Contractor has been identified in the 2022 Suffolk County Adopted Budget under the pseudo code
as listed on page one of the Contract to perform the Services for the Department; and
Whereas,the continuity of service delivery is considered to be in the best interest of the County and the elderly
residents of Suffolk County for the best possible outcomes;
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto
agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Goals of the Program
The Shopping Assistance Program ("The Program")provides assistance to Suffolk County residents
aged sixty(60) and over(hereinafter"Clients") who have difficulty accessing essential products due to
illness, incapacity, disability or the absence of a caregiver. Specifically, the program provides Clients
with assistants, who help Clients order essential items, such as groceries and medication, via online
shopping, curbside pick-up, and/or shopping in person.
3. General Terms and Conditions
i
In general, but without limitation,the Contractor shall be required to meet the criteria listed below:
a. The Contractor may not impose a means test of eligibility. No income or asset information may
be used to determine eligibility for service notwithstanding any other provisions of this Contract.
b. The Contractor and all of their subcontractors shall adhere to the terms of the Department's New
York State (NYS)Area Plan,to the extent that the program is a part thereof, and the Department
agrees to make the NYS Area Plan available to the Contractor.
C. The Contractor is to afford priority to servicing those elderly persons whom New York State has
identified as the target population(minority, low-income, frail, and vulnerable) in accordance
with paragraph 8 below.
d. Persons eligible for or receiving the same or a similar service under another government-funded
program are not eligible for this service. However, determination of eligibility must be done on
an individual basis recognizing specific circumstances as they pertain to the person's need.
e. The Contractor may not charge any fees for services.
5 of 40 pages
ARTICLE I
}
'Rev. 12/27/2021; Law No. IFMS 00000013050
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4. Administration
Overall administration of this program will be the responsibility of the Contractor. The Contractor or its
designee will ensure proper implementation and direction of the services, act as liaison between the
Department and the actual recipients of service and ensure accuracy and timeliness of submission of all
reporting forms and expenditures.
5. Contractor's Staff
a. The Contractor shall employ adequate numbers of qualified staff, which may include volunteers,
and supervisory personnel to meet all the specifications and responsibilities of the program in an
orderly,punctual, and reliable manner. All meetings and trainings required by the County are to
be attended by the appropriate staff. The Contractor will have on file with the Department the
procedures to be followed by workers and other staff in case of emergency.
b. The Department has the right to review and approve Contractor's staff applicable to the Program.
C. The provisions of this paragraph 6 are in addition to the provisions of Article V,paragraph 10,
subparagraph n.
6. Coordination
The Contractor shall coordinate the delivery of services with other providers and organizations to
provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish
this, the Contractor will undertake activities such as, but not limited to,participation in inter-agency
meetings, coordination of referrals and follow-ups with other local service providers, entering into
agreements with other organizations for joint efforts and/or funding, centralized assessment and
maintaining up-to-date resource materials both within and outside the Contractor's organization.
7. Targeting and Outreach
a. The Contractor, to the extent it has discretion regarding to whom it will provide services, must
give preference to providing services to those unserved and underserved older adults in greatest
social or economic need particularly those older adults who are: low-income, low-income
minorities, individuals with limited English proficiency, rural residents,Native Americans,
institutionalized or those at risk for institutionalization, individuals with Alzheimer's and related
disorders, individuals with disabilities, caregivers of individuals with Alzheimer's related
disorders and individuals with disabilities, minorities, frail, vulnerable, LGBT and homebound,
in accordance with their need for such services and to meet the specific objectives established by
the Department within the PSA (OAA §305 (a)(2)(E)). The term"greatest economic need" is
defined as the need resulting from an income at or below the poverty levels as established
annually by the U.S. Office of Management and Budget. The term "greatest social need" refers to
the need caused by non-economic factors which include physical and mental disabilities,
language barriers and cultural, social or geographical isolation including isolation caused by
racial or ethnic status that restricts an individual's ability to perform normal daily tasks or
threatens the capacity of the individual to live independently(OAA §102 (23 and 24)).
b. The Contractor agrees to concentrate the services on older adults in the targeted populations
identified by the Department following the methods the Department has established for
complying with the targeting requirements under the OAA and the Equal Access and Targeting
Policy issued by the New York State Office for the Aging. Consistent with the OAA and NYS
applicable regulations, including the following laws: the Older Americans Act (OAA), Title III of
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ARTICLE I
,Rev. 12/27/2021; Law No. IFMS 00000013050
-Shopping Assistance Program. 001-6777-KIT1-4980-95285
the Code of Federal Regulations, 45 CFR 1321;the NYS Elder Law and relevant NYS
regulations (Title 9, Subtitle Y of the New York State Code of Rules and Regulations); the
Contractor's targeting goal is to substantially increase the numbers of older adults from targeted
population groups (minority, low-income, frail, vulnerable).
C. The following target groups have been identified as having the greatest economic and social
needs: minority, low-income, frail and vulnerable.
i. Minority—persons of Black, Hispanic, Asian,Native American(American Indian),
Alaska Native,Native Hawaiian or Other Pacific Islander origins. Persons whose origins
are of Two (2) or More Races or who are identified as being in a racial category different
from those above (other than white) may be included (see the Other Race or Two (2) or
More Races categories, defined below).
a) Black-refers to a person who has origins in any of the Black racial groups
of Africa. This includes, for example, persons who self-report as Black,
African American, Kenyan,Nigerian, Haitian or other applicable
identification.
b) Hispanic (or Latino) - refers to a person of Cuban, Mexican, Puerto Rican,
South or Central American, or other Spanish culture or origin regardless of
race. Hispanic origin can be viewed as the heritage,nationality group,
lineage, or country of birth of the person or the person's parents or
ancestors before their arrival in the United States. People who identify
their origin as Hispanic, Latino, or Spanish may be any race.
C) Asian- refers to a person having origins in any of the original peoples of
the Far East, Southeast Asia, or the Indian subcontinent, including, but not
limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,the
Philippine Islands, Thailand, and Vietnam.
d) American Indian or Alaska Native -refers to a person having origins in
any of the original peoples of North and South America(including Central
America) and who maintains tribal affiliation or community attachment.
This category includes people who indicated their race(s) as "American
Indian or Alaska Native" or reported their enrolled or principal tribe, such
as Navajo, Blackfeet, Inupiat, Yup'ik, and/or Central American or South
American Indian groups.
e) Native Hawaiian or Other Pacific Islander-refers to a person having
origins in any of the original peoples of Hawaii, Guam, Samoa, or other
Pacific Islands.
f) Other Race or Two (2) or More Races - this category includes persons who
self-identify as multiracial, mixed, interracial, or a racial category other
than white, not included in the descriptions above.
ii. Low-Income- Persons with incomes at or below one hundred percent(100%) of the
poverty level.
iii. Frail- Persons with one (1) or more functional deficits in the following areas:
a) Physical functions;
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ARTICLE I
"Rev. 12/27/2021; Law No. IFMS 00000013050
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b) Mental functions;
C) Activities of daily living (eating, bed/chair transfer, dressing, bathing,toiletry and
continence); and/or,
d) Instrumental activities of daily living (meal preparation, housekeeping, shopping,
medications,telephone, travel, and money management).
iv. Disabled - Any person who has a physical or mental impairment which substantially
limits one (1) or more major life activities, has a record of such impairment, or is
regarded as having such impairment. This includes alcoholism and drug addiction.
V. Vulnerable-Persons with a deficit of social resources, those who are isolated socially,
linguistically or geographically, and/or those affected by other environmental conditions
including the following:
a) Language barriers; Limited English Proficiency-Individuals who do not speak
English as their primary language and who have a limited ability to read, write,
speak, or understand English may be limited English proficient, and may be
eligible to receive language assistance with respect to a particular type of service,
benefit, or encounter.
b) Rural residence;
C) Persons with disabilities;
d) Institutionalized or at risk of institutionalization;
C) Lesbian, gay, bisexual,transgender (LGBT) older adults;
f) Low literacy;
g) Older adult caregivers of children with developmental disabilities, mental illness,
or other disabilities requiring a caretaker(e.g.,traumatic brain injury);
h) Homebound; and,
i) Alzheimer's or other Dementia.
d. In order to comply with Targeting requirements, the Contractor must employ Outreach Strategies
which may include, but are not limited to, locating target populations using Census or other
resource data,translated printed materials, location of services in catchment areas for targeted
populations,publicity to community-based groups, and minority staff/volunteers.
8.. Equal Access
a. The Contractor shall comply with requirements for equal access including language accessibility,
nondiscrimination and concentration of services on target populations.
b. The Contractor shall adopt staffing procedures which provide for services to be delivered in a
language other than English in areas where a significant number of clients do not speak English
as their principal language.
C. The Contractor shall provide maximum accessibility to those older adults in greatest economic or
social need, and ensure that new sites be free from architectural barriers that limit participation of
disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1) and Section 504 of
the Rehabilitation Act of 1973). Accessibility requirements include provision of services and
assistive devices (including assistive technology services and devices) designed to meet the
unique needs of older individuals who are disabled, and of older individuals who provide
uncompensated care to their adult children with disabilities. Providers must ensure that
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ARTICLE I
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communications with individuals with disabilities are as effective as communications with others
(ADA, 28 CFR 35.160-35.164). For example, auxiliary aids and services may include:
• For individuals who are deaf or hard of hearing: qualified interpreters, note takers,
computer-aided transcription services, written materials, telephone handset
amplifiers, assistive listening systems,telephones compatible with hearing aids,
closed caption decoders, open and closed captioning,telecommunications devices
for deaf persons (TDDs), videotext displays, and exchange of written notes.
• For individuals with vision impairments: qualified readers;taped texts,audio
recordings,Brailed materials, large print materials, and assistance in locating items.
• For individuals with speech impairments: TDDs, computer terminals, speech
synthesizers, and communication boards.
d. Additionally, consistent with the Civil Rights Act of 1964, Title VI, the Title VI regulations,
federal Executive Order 13166, and the NYS Human Rights Law. All AAAs and subcontractors
are required by law to take reasonable steps to provide meaningful access to limited English
proficient persons. All aging services providers are obligated to provide reasonable,timely, and
appropriate language assistance to the limited English proficiency(LEP) populations each serves.
Mandated Action:
The Contractor shall, at a minimum,maintain a telephonic interpretation service contract or
similar community arrangement with a language interpretation services provider of their choice.
The Contractor's staff for this Program with public contact must be aware of, and trained in the
timely and appropriate use of,these language services. The Contractor shall also ensure that LEP
persons are informed of the availability of language assistance, free of charge, by providing
written notice in languages LEP persons will understand at service locations.
9. Reporting Requirements
One (1) unit of service is equal to one (1) contact for shopping assistance.
a. The Contractor shall submit to the Department monthly reports covering program activity and
expenses incurred during the reporting period. Such reports must be submitted to the Department
by the eighth(8"')day of the month following the period being reported, and be on a form
specified by the Department and shall comply with all procedures required by the Department for the
proper payment of vouchers and audits.
b. Financial reports, or vouchers, also must never contain the names of the clients served, but may
be coded to indicate the particular client served.
Demographics
The Contractor must at a minimum determine and maintain the following specific type of
demographic information for each individual receiving services:
• Name.
• Sex.
• Age.
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• Disabled/Frail.
• Vulnerable.
• Live Alone.
• Low-Income - The need resulting from an income level at or below the poverty
threshold, as established by the Bureau of the Census and updated annually as
follows:
Size of Family 100 % of Poverty Threshold 185 % of Poverty Threshold
1 $13,590/year $25,142/year
2 $18,310/year $33,874/year
• Minority.
• Low-Income Minority-those minority persons whose income is at or below the
poverty threshold.
10. Incident Reporting
a. The Contractor agrees to provide the Department with reports of all instances of claims, costs,
damages, and injuries to persons or property of whatsoever kind arising out of services provided
under this Agreement. All such notifications should be given to the Department immediately
after the incident, if possible, but in no case longer than five (5) days after the incident. The
Contractor further agrees to send the Department copies of all "notices of claim" or any other
papers relating to litigation it receives relating to the program covered under this Contract.
b. The Contractor will report at least verbally to the Department,within twenty-four(24)hours any
incidents involving the client, whether the incident requires medical attention or not. A written
follow up of such incident shall be sent to the Department within five (5) days of occurrence.
The Contractor will report any circumstances outside normal events that affect the well-being of
the client, including deteriorating conditions and significant changes that might lead to unsafe
conditions for the client.
11. Confidentiality
Confidential records shall be maintained on each recipient. Reports, as required by the Department,
should not contain the names of any clients, and identifying codes should be used to indicate particular
clients served, if necessary.
a. The Contractor agrees that no personal information obtained from an individual in conjunction
with this program shall be disclosed in a form in which it is identified with the individual without
such individual's written consent to such disclosure, except to the Department.
b. In the case of a request by the Department for names and addresses of individuals participating in
the program, the Contractor shall furnish such information as requested. Failure to comply with
a request by the Department for such information shall be deemed a material breach of this
Contract and shall result in a freeze on all monies due and owing to the Contractor until
compliance by the Contractor.
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12. Promotions and Advertisements
a. It is the responsibility of the Contractor to provide publicity for the program and to have an
identifying logo in equal sized lettering on any printed materials and on all brochures, flyers, and
advertisements (including without limitation television graphics), and on program vehicles, as
follows:
Funded by the
New York State Office for the Aging
and the
Suffolk County Office for the Aging
b. Any announcements of the program on radio or television must identify funding in the same
manner.
C. The provisions of this paragraph supersede the provisions of paragraph 20 of Article III.
13. Contributions
a. The Contractor may not impose a means test of eligibility. No income or asset information may
be used to determine eligibility for service notwithstanding any other provisions of this Contract.
Any Suffolk resident sixty(60)years of age or older is eligible to receive this service.
b. The Contractor has the obligation to inform each recipient of the service, of the opportunity to
make a completely voluntary and anonymous contribution toward the cost of the service. Service
may not be denied, however, if a person is unable or unwilling to make a contribution. An audit
trail of all incoming contributions received must be reported monthly. All contributions are used
to expand the service. The letter sent to each recipient annually informing him/her of these facts
must include the sources of funding for the program and must include the following information:
Contributions are welcomed and are used to expand this service.
Contributions to this (these) service(s) are completely voluntary and anonymous. Service
will not be denied if you are unable or unwilling to contribute. Any contribution you wish to
make will be used to expand the program and will be greatly appreciated.
C. Individuals with self-declared incomes at or above one hundred eighty-five percent (185%) of the
federal poverty line will be encouraged to contribute at levels based on the actual cost of
services.
14. Participant Comments & Satisfaction Surveys
Pursuant to the NYS Office for the Aging Regulations Section 6654.8, the Contractor shall develop and
implement procedures to obtain the views of program participants about the services they receive.
Copies of records of such views shall be maintained for at least seven (7) program years and shall be
available to the Department for inspection upon request. Such method shall respect the client's right to
confidentiality. In any event, at conclusion of the service, but not less often than annually,the
Contractor shall send each recipient an evaluation letter and survey in the form approved by the
Department.
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15. Monitoring
a. Financial Transactions
The Department's staff and staff of the New York State Office for the Aging may examine or
review evidence regarding the existence,timing and classification of financial transactions that
are charged to the program for reimbursement. To obtain this evidence, such staff may examine
documentary evidence, including financial statements, financial reports, and original records.
Such staff may make physical verification by actually observing or counting certain assets (e.g.,
cash, equipment and supplies)to establish their physical existence.
b. Program
Subject to the limitations of client confidentiality, the contractor agrees to permit the
Department's staff and staff of the New York Office for the Aging to review program records and
to monitor training, supervision and services at any time.
16. Grievance Procedures
In accordance with§3'06 (a)(10)of the Older Americans Act,as amended(OAA),the Department has
established a process for resolving complaints from older persons who are dissatisfied with or denied services
funded under Title III of the Act. The Contractor shall comply with the requirements of the Grievance
Procedures as set forth in Article IA-Grievance Procedures.
17. Certificate of Incorporation
The Contractor(if not a town or other municipal corporation) shall furnish the Department with certified
copies of its Certificate of Incorporation and bylaws, including any amendments thereto, at the time it
signs this Contract, to the extent not already on file with the Department, and any amendments thereto
during the term of this Contract promptly upon their adoption, and a list of the board members governing
the Contractor from time to time. The Contractor shall not dissolve any existing corporation or establish
any new corporation with the responsibility for the operation of the program without the prior written
approval of the Department.
18. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013
a. If payment under this Contract may exceed $50,000, it is subject to the requirements of Suffolk
County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to
Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of
Chapter 189 of the Suffolk County Code)as set forth in Article IV of this Contract entitled"Suffolk
County Legislative Requirements."
b. The Contractor shall cooperate with the Department in all aspects necessary to carry out the
requirements of Local Law No. 41-2013.
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19. SuffolkSTAT
For contracts subject to Suffolk County Local Law No.41-2013,the Contractor shall submit monthly actual
performance data, also known as key performance indicators ("Uls") for the prior month's data, and
analysis of the Contract performance measures via the County's SuffolkSTAT application by linking onto
http://suffolkstat.suffolkcopn .gov.
There are no KPI's reported for this contract now.
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Contractor's Proposal and
Response for Targeting and Equal Access
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Article IA
Grievance Procedures
I. Purpose
A. In accordance with § 306(a)(10) of the Older Americans Act, as amended(OAA),
Suffolk County Office for the Aging has established the following process for resolving the
complaints from older persons who are dissatisfied with or denied services.
II. Notifying Participants of Right to File Grievance
A. The Contractor shall notify participants and applicants of their right to file a grievance, as
follows:
1) A summary of the procedures, including a statement that assistance to file shall be
provided to older persons, must be prominently posted at service delivery sites or offices at
which participants and service applicants apply for services. Summaries shall also be
written in languages other than English where needed to serve the client/applicant
population.
2) In-home services participants shall be informed of the grievance procedures through
written and verbal statements provided to them upon assessment and/or reassessment for
services.
B. Denial of Service. Any participant or applicant who is denied services must be given the reasons
for the denial. For housekeeping, homemaker, home delivered meals, case management, and other
services for which written applications are made,the denial shall be confirmed in writing and the
applicant informed of the right to file a grievance and of the individual to whom the grievance shall
be addressed. For congregate meals,transportation, recreation, and other services which are applied
for by telephone or verbally in person, the client may be told of the right to file a grievance verbally.
III. Grievance Process
A. Filing of Grievance
1) Participants must submit their grievances in writing to the person(s) that has been designated by a
service provider to conduct the initial review. The reviewer may be the director of the service
provider agency, or any other person designated by such director who is not familiar with or
otherwise involved in the particular grievance.
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2) The grievance should be filled within thirty (30) days of denial, reduction, or termination of
services, or of the event or circumstance with which the participant is dissatisfied. The service
provider may grant an extension for good cause shown.
3) The grievance should be filed on the enclosed form, which shall include a written statement
setting forth in detail the date,time, and circumstances that are the basis of the complaint.
B. Investigation and Response to Grievance
1) The designated reviewer who performs the initial review shall investigate the grievance. If
appropriate,this may include meeting with the grievant and/or other persons involved in the
action(s) complained of or in the denial of services. The reviewer shall review all pertinent facts
and/or documents, and shall determine whether the complained-of agency action or
determination was consistent with applicable federal and State laws, regulations, and policies.
2) The designated reviewer shall prepare and send a written response to the grievant within fifteen
(15) days after the grievance is filled. The response shall set forth the circumstances relating to
the grievance, the action requested by the grievant, the findings of the reviewer, a proposed
remedial action, if any, and an explanation of the determination, including the facts relied upon.
A copy of its decision must be forwarded to the Director of the Suffolk County Office for the
Aging.
3) The designated reviewer shall create and maintain a Complaint File consisting of the grievance
form, all documents and/or information relied upon in making a determination, and the written
response described above.
C. Appeal of Initial Response/Decision. If the complaint has been handled by a service provider
agency under subcontract to the Suffolk County Office for the Aging and the grievant is not
satisfied with the determination reached by such service provider, the grievant has the right to
further review as follows:
1) The grievant may initiate a request for subsequent review by the Suffolk County Office for the
Aging Director, P.O. Box 6100, Hauppauge,New York 11788-0099 within twenty(20) calendar
days following receipt of notification by the service provider agency of its decision.
2) The Suffolk County Office for the Aging Director shall request, and the subcontractor agency
shall provide, copies of the Complaint File. The Suffolk County Office for the Aging Director
will review the materials to ensure that pertinent policies and procedures have been applied and
followed. If appropriate,the Suffolk County Office for the Aging Director or his/her designee
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will meet with the grievant to allow for an opportunity to present information about the
grievance.
3) If policies and procedures have been adhered to, the Suffolk County Office for the Aging
Director will not overturn the decision of its subcontractor agency. If proper policies and
procedures have not been applied, the Suffolk County Office for the Aging reserves the right to
overturn the decision. The subsequent review shall be completed within forty-five (45) days of
receipt of the request by the grievant and the grievant will be promptly notified in writing of the
result of the subsequent review.
IV. Recordkeeping
The service provider agency which is handling the grievance shall keep a file; for six (6)years, of all
relevant documents and records. This shall include at a minimum: the initial grievance; any
investigative reports; any written response submitted by the Suffolk County Office for the Aging or
service provider agency; any documents or other records submitted by any parry; the written Initial
Response of the agency; and, if applicable,the notice to the grievant of the right to appeal.
V. Confidentiality
No information, documents, or records relating to a grievance shall be disclosed by program staff or
volunteers in a form capable of identifying the grievant without the written informed consent of the
grievant unless the disclosure is required by court order or program monitoring by authorized agencies.
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COMPLAINT LETTER FORM
Service Provider
Letterhead
Instructions
Please complete both sides of this form. If assistance is needed in completing this form, you may contact
(Name and phone). Completed forms should be sent to:
Service Provider contact person and address
This form must be filed within (30) calendar days of the event or action
complained of unless you are granted an extension for good cause.
I am requesting a review of the following grievance:
❑ I was denied service.
❑ I am not satisfied with the quality of service or an activity provided by
your agency or by your service provider.
❑ I have the following grievance (briefly describe):
Date/estimated date of the event or action complained of:
Please describe in details what happened or what your grievance is (if you need extra
space, use back side of this form):
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Please state, if you know, what relief you are seeking:
Signed:
Name (print):
Date:
Address:
Phone Number:
End of Article 1A
End of Text for Article I
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Article II b. the Contractor's failure to maintain the amount
Definitions and types of insurance with an authorized
insurer as required by the Contract;or
1. Meanings of Terms
C. the Contractor's failure to maintain insurance
As used herein: required by the Contract with an insurer that
has designated the New York Superintendent
"Audit of Financial Statements"means the examination by of Insurance as its lawful agent for service of
the Comptroller and any Federal or State auditing authority of process; or
the financial statements of the Contractor resulting in the
publication of an independent opinion on whether or not those d. the Contractor's failure to comply with any
financial statements are relevant,accurate, complete,and fairly Federal,State or local law,rule,or regulation,
presented. and County policies or directives;or
"Budget"means the Contractor's summary or plan of all e. the Contractor's bankruptcy or insolvency;or
intended revenue,whether received in the form of fees,grants,
County funding,or any other source,and expenditures necessary f. the Contractor's failure to cooperate in an
to render the Services. Audit of Financial Statements;or
"Budget Deficiency Plan"means an analysis of the cost of the g. the Contractor's falsification of records or
Services,changes in fiscal conditions,and required modifications reports, misuse of funds, or malfeasance or
to the Contract to continue to render the Services. nonfeasance in financial record keeping
arising out•of, or in connection with, any
"Comptroller"means the Comptroller of the County of Suffolk. contract with the County;or
"Contract" means all terms and conditions of this Contract h. the Contractor's failure to submit,or failure to
forming all rights and obligations of the Contractor and the timely submit, documentation to obtain
County. Federal or State funds;or
"Contractor" means the signatory corporation, its officers, i. the inability of the County or the Contractor to
officials, employees, agents, servants, sub-contractors, obtain Federal or State funds due to any act or
volunteers,and any successor or assign of any one or more ofthe omission of the Contractor; or
foregoing performing the Services.
j. any condition that the County determines, in
"County" means the County of Suffolk, its departments, and its sole discretion,is dangerous.
agencies.
k. the failure to comply with Local Law 41-2013
"County Attorney"means the County Attorney ofthe County of and related contractual requirements.
Suffolk.
"Federal"means the United States government,its departments,
"Department" means the signatory department approving the and agencies.
Contract.
"Fringe Benefits"means non-wage benefits which accompany,
"Engineering Services"means the definition of the practice of or are in addition to, a person's salary, such as paid insurance,
engineering and the definition of practice of land surveying, as sick leave,profit-sharing plans,paid holidays,and vacations.
the case may be, under Section 7201 and Section 7203 of the
State Education Law,respectively. "Fund Source"means any direct or indirect sum payable to the
Contractor by the County pursuant to any lawful obligation.
"Event of Default"means
"Legislature"means the Legislature of the County of Suffolk.
a. the Contractor's failure to perform any duty
required of it under paragraphs 1(b)-(e) of "Management Letter" means a letter certified as true by the
Article III of the Contract;or Contractor's certified public accountant or chief financial officer
of findings and recommendations for improvements in internal
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fiscal control that were identified during an Audit of Financial
Statements, but which were not required to be included in an
audit report.
"Municipal Corporation" means a town, village, or school
district.
"Services"means all that which the Contractor must do,and any
part thereof arising out of,or in connection with,the Contract as
described in Article I"Description of Services."
"State"means the State of New York.
"Statement of Other Contracts" means a complete list of all
other contracts under which money has been or will be paid to
the Contractor 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.
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Article III be later than five (5) days after a license
General Terms and Conditions holder has lost the license required to qualify
the license holder or the Contractor to perform
1. Contractor Responsibilities the Services.
a. Duties and Obligations iii.) In the event that the Contractor is not
able to perform the Services due to a loss of
i.) It shall be the duty of the Contractor license,the Contractor shall not be reimbursed
to discharge,or cause to be discharged,all of for the Services rendered after the effective
its responsibilities, and to administer funds date of termination of such license. Without
received in the interest of the County in limiting the generality of the foregoing,if any
accordance with the provisions of the part of the Contract remains to be performed,
Contract. and the termination of the license does not
affect the Contractor's ability to render the
ii.) The Contractor shall promptly take Services,every other term and provision ofthe
all action as may be necessary to render the Contract shall be valid and enforceable to the
Services. fullest extent permitted by law.
iii.) The Contractor shall not take any d. Documentation of Professional Standards
action that is inconsistent with the provisions
of the Contract. The Contractor shall maintain on file,in one location in
Suffolk County,all records that demonstrate that it has
iv.) Services provided under this Contract complied with sub-paragraphs(b)and(c)above. The
shall be open to all residents of the County. address of the location of the aforesaid records and
documents shall be provided to the County no later than
b. Qualifications, Licenses, and Professional the date of execution of the Contract. Such
Standards documentation shall be kept,maintained,and available
for inspection by the County upon twenty-four (24)
The Contractor represents and warrants that it has,and hours notice.
shall continuously possess, during the Term, the
required licensing, education,knowledge, experience, e. Credentialing
and character necessary to qualify it to render the
Services. i.) In the event that the Department, or
any division thereof,maintains a credentialing
The Contractor shall continuously have during the Term process to qualify the Contractor to render the
all required authorizations, certificates, certifications, Services, the Contractor shall complete the
registrations, licenses, permits, and other approvals required credentialing process. In the event
required by Federal,State,County,or local authorities that any State credential, registration,
necessary to qualify it to render the Services. certification or license, Drug Enforcement
Agency registration,or Medicare or Medicaid
C. Notifications certification is restricted, suspended, or
temporarily or permanently revoked, it is the
i.) The Contractor shall immediately duty of the Contractor to contact the
notify the County, in writing, of any Department, or division thereof, as the case
disciplinary proceedings, commenced or may be,in writing,no later than three(3)days
pending, with any authority relating to a after such restriction, suspension, or
license held by any person necessary to revocation.
qualify him,her,or the Contractor to perform
the Services. ii.) The Contractor shall forward to the
Department, or division thereof, as the case
ii.) In the event that a person is no longer may be, on or before July 1 of each year
licensed to perform the Services, the during the Term,a complete list of the names
Contractor must immediately notify the and addresses of all persons providing the
County,but in no event shall such notification Services, as well as their respective areas of
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certification, credentialing, registration, and
licensing. iii.) The County is released from any and
all liability under the Contract,effective as of
f. Engineering Certificate the date of the termination notice.
In the event that the Contract requires any Engineering iv.) Upon termination, the Contractor
Services,the Contractor shall submit to the County,no shall reimburse the County the balance of any
later than the due date for submission for approval of funds advanced to the Contractor by the
any engineering work product, the Certificate of County no later than thirty (30) days after
Authorization("Certificate"),issued pursuant to§7210 termination of the Contract. The provisions of
of the New York Education Law, of every person this subparagraph shall survive the expiration
performing any Engineering Services. The failure to or termination of the Contract.
file,submit,or maintain the Certificate shall be grounds
for rejection of any engineering work product submitted v.) Nothing contained in this paragraph
for approval. shall be construed as a limitation on the
County's rights set forth in paragraphs l(c)
2. Termination (iii)and 8 of this Article 111.
a. Thirty Days Termination 3. Indemnification and Defense
The County shall have the right to terminate the a. The Contractor shall protect, indemnify, and
Contract without cause, for any reason, at any time, hold harmless the County,its agents,servants,officials,
upon such terms and conditions it deems appropriate, and employees from and against all liabilities, fines,
provided, however, that no such termination shall be penalties, actions, damages, claims, demands,
effective unless the Contractor is given at least thirty judgments,losses,suits or actions,costs,and expenses
(30)days notice. caused by the negligence or any acts or omissions of the
Contractor, including reimbursement of the cost of
b. Event of Default; Termination on Notice reasonable attorneys' fees incurred by the County, its
agents,servants,officials,and employees in any action
i.) The County may immediately or proceeding arising out of,or in connection with,the
terminate the Contract, for cause, upon such Contract.
terms and conditions it deems appropriate, in
the Event of Default. b. The Contractor hereby represents and warrants
that .it will not infringe upon any copyright in
ii.) If the Contractor defaults under any performing the Services. The Contractor agrees that it
other provision of the Contract, the County shall protect,indemnify,and hold harmless the County,
may terminate the Contract, on not less than its agents,servants,officials, and employees from and
five (5) days notice, upon such terms and against all liabilities,fines,penalties,actions,damages,
conditions it deems appropriate. claims, demands, judgments, losses, suits or actions,
costs,and expenses arising out of any claim asserted for
C. Termination Notice infringement of copyright,including reimbursement of
the cost of reasonable attorneys' fees incurred by the
Any notice providing for termination shall be delivered County,its agents,servants,officials,and employees in
as provided for in paragraph 27 of this Article 11I. any action or proceeding arising out of or in connection
with any claim asserted for infringement of copyright.
d. Duties upon Termination
C. The Contractor shall defend the County, its
i.) The Contractor shall discontinue the agents, servants, officials, and employees in any
Services as directed in the termination notice. proceeding or action,including appeals,arising out of,
or in connection with,the Contract,and any copyright
ii.) Subject to any defenses available to infringement proceeding or action.Alternatively,at the
it,the County shall pay the Contractor for the County's option, the County may defend any such
Services rendered through the date of proceeding or action and require the Contractor to pay
termination. reasonable attorneys' fees or salary costs of County
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employees of the Department of Law for the defense of claims-made coverage basis.
any such suit.
b. The County may mandate an increase in the
4. Insurance liability limits set forth in the immediately preceding
paragraphs(4)(a)(i),(ii),and(iv).
a. The Contractor shall continuously maintain,
during the Term of the Contract, insurance in amounts C. All policies providing such coverage shall be
and types as follows: issued by insurance companies authorized to do
business in New York with an A.M.Best rating of A-or
better.
i.) Commercial General Liability
insurance, including contractual liability d. The Contractor shall furnish to the County,
coverage, in an amount not less than Two prior to the execution of the Contract,declaration pages
Million Dollars ($2,000,000.00) per for each policy of insurance, other than a policy for
occurrence for bodily injury and Two Million commercial general liability insurance, and upon
Dollars ($2,000,000.00) per occurrence for demand,a true and certified original copy of each such
property damage. The County shall be named policy evidencing compliance with the aforesaid
an additional insured. insurance requirements.
ii.) Automobile Liability insurance (if e. In the case of commercial general liability
any non-owned or owned vehicles are used by insurance, the Contractor shall furnish to the County,
the Contractor in the performance of the prior to the execution of the Contract, a declaration
Contract) in an amount not less than Five page or insuring agreement and endorsement page
Hundred Thousand Dollars($500,000.00)per evidencing the County's status as an additional insured
person,per accident,for bodily injury and not on said policy, and upon demand, a true and certified
less than One Hundred Thousand Dollars original copy of such policy evidencing compliance
($100,000.00) for property damage per with the aforesaid insurance requirements.
occurrence. The County shall be named an
additional insured. f. All evidence of insurance shall provide for the
County to be notified in writing thirty(3 0)days prior to
iii.) Workers' Compensation and any cancellation,nonrenewal,or material change in the
Employer's Liability insurance, Disability policy to which such evidence relates. It shall be the
Benefits insurance, including coverage for Paid duty of the Contractor to notify the County immediately
Family Leave Benefits in compliance with all of any cancellation,nonrenewal,or material change in
applicable New York State laws and any insurance policy.
regulations and Disability Benefits insurance,
if required by law. The Contractor shall g. In the event the Contractor shall fail to provide
furnish to the County,prior to its execution of evidence of insurance, the County may provide the
the Contract, the documentation required by insurance required in such manner as the County deems
the State of New York Workers' appropriate and deduct the cost thereof from a Fund
Compensation Board of coverage or Source.
exemption from coverage pursuant to §§57
and 220 of the Workers' Compensation Law. h. If the Contractor is a Municipal Corporation
In accordance with General Municipal Law and has a self-insurance program under which it acts as
§108, the Contract shall be void and of no a self-insurer for any of such required coverage, the
effect unless the Contractor shall provide and Contractor shall provide proof, acceptable to the
maintain coverage during the Term for the County,of self-funded coverage.
benefit of such employees as are required to
be covered by the provisions of the Workers' S. Independent Contractor
Compensation Law.
The Contractor is not,and shall never be,considered an
iv.) Professional Liability insurance in an employee of the County for any purpose.
amount not less than Two Million Dollars Notwithstanding anything contained in this Contract,
($2,000,000.00)on either a per-occurrence or the Contract shall not be construed as creating a
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principal-agent relationship between the County and the the Services provided pursuant to the
Contractor or the Contractor and the County,as the case Contract; or
may be. iv.) restrict an individual in any way
from any advantage or privilege
6. Severability enjoyed by others receiving the
Services provided pursuant to the
It is expressly agreed that if any term or provision of Contract;or
this Contract,or the application thereof to any person or treat an individual differently from
circumstance,shall be held invalid or unenforceable to others in determining whether or not
any extent, the remainder of the Contract, or the the individual satisfies any eligibility
application of such term or provision to persons or or other requirements or conditions
circumstances other than those as to which it is held which individuals must meet in order
invalid or unenforceable,shall not be affected thereby, to receive the Services provided
and every other term and provision of the Contract shall pursuant to the Contract.
be valid and shall be enforced to the fullest extent v.) treat an individual differently from others
permitted by law. in determining whether or not the
individual satisfies any eligibility or
7. Merger; No Oral Changes other requirements or conditions which
individuals must meet in order to receive
It is expressly agreed that the Contract represents the the Services provided pursuant to the
Contract;"or
entire agreement of the parties and that all previous vi.) discriminate against employees or
understandings are herein merged in the Contract. No applicants for employment.
modification of the Contract shall be valid unless in
written form and executed by both parties. b. The Contractor shall not utilize criteria or
methods of administration which have the effect of
8. Set-Off Rights subjecting individuals to discrimination because oftheir
race, creed, color,national origin, sex, age, disability,
The County shall have all of its common law,equitable, sexual orientation, military status,or marital status, or
and statutory rights of set-off. These rights shall have the effect of substantially impairing the Contract
include, but not be limited to, the County's option to with respect to individuals of a particular race, creed,
withhold from a Fund Source an amount no greater than color, national origin, sex, age, disability, sexual
any sum due and owing to the County for any reason. orientation, military status, or marital status, in
The County shall exercise its set-off rights subject to determining:
approval by the County Attorney. In cases of set-off
pursuant to a Comptroller's audit,the County shall only i.) the Services to be provided;or
exercise such right after the finalization thereof, and
only after consultation with the County Attorney. ii.) the class of individuals to whom, or
the situations in which,the Services
9. Non-Discrimination in Services and Employment will be provided;or
a. The Contractor shall not, on the grounds of iii.) the class of individuals to be
race, creed, color,national origin, sex, age, disability, afforded an opportunity to receive
sexual orientation,military status,or marital status the Services.
i.) deny any individual the Services 10. Nonsectarian Declaration
provided pursuant to the Contract;or
ii.) provide the Services to an individual The Services performed under the Contract are secular
that is different, or provided in a in nature. No funds received pursuant to the Contract
different manner, from those shall be used for sectarian purposes or to further the
provided to others pursuant to the advancement of any religion. The Services will be
Contract;or available to all eligible individuals regardless of
iii.) subject an individual to segregation religious belief or affiliation.
or separate treatment in any matter
related to the individual's receipt of
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11. Governing Law
16. Assignment and Subcontracting
The Contract shall be governed by, and construed in
accordance with, the laws of the State of New York, a. The Contractor shall not delegate its duties
without regard to conflict of laws. Venue shall be under the Contract, or assign, transfer, convey,
designated in the Supreme Court, Suffolk County,the subcontract, sublet, or otherwise dispose of the
United States District Court for the Eastern District of Contract, or any of its right,title or interest therein, or
New York, or, if appropriate, a court of inferior its power to execute the Contract, or assign all or any
jurisdiction in Suffolk County. portion of the moneys that may be due or become due
hereunder,(collectively referred to in this paragraph 16
12. No Waiver as "Assignment"), to any other person, entity or thing
without the prior written consent of the County,and any
It shall not be construed that any failure or forbearance attempt to do any of the foregoing without such consent
of the County to enforce any provision of the Contract shall be void ab initio.
in any particular instance or instances is a waiver of that
provision. Such provision shall otherwise remain in full b. Such Assignment shall be subject to all of the
force and effect, notwithstanding any such failure or provisions of the Contract and to any other condition
forbearance. the County requires. No approval of any Assignment
shall be construed as enlarging any obligation of the
County under the terms and provisions of the Contract.
No Assignment of the Contract or assumption by any
13. Conflicts of Interest person of any duty of the Contractor under the Contract
shall provide for, or otherwise be construed as,
The Contractor shall not, during the Term, pursue a releasing the Contractor from any term or provision of
course of conduct which would cause a reasonable the Contract.
person to believe that he or she is likely to be engaged
in acts that create a substantial conflict between its 17. Changes to Contractor
obligations under the Contract and its private interests.
The Contractor is charged with the duty to disclose to a. The Contractor may, from time to time, only
the County the existence of any such adverse interests, with the County's written consent, enter into a
whether existing or potential. This duty shall continue Permitted Transfer. For purposes of the Contract, a
as long as the Term.The determination as to whether or Permitted Transfer means:
when a conflict may potentially exist shall ultimately be
made by the County Attorney after full disclosure is i.) if the Contractor is a partnership,the
obtained. withdrawal or change, whether
voluntary, involuntary or by
14. Cooperation on Claims operation of law, of the partners, or
transfer of partnership interests
The Contractor and the County shall render diligently to (other than the purchase of
each other, without compensation, any and all partnership interests by existing
cooperation that may be required to defend the other partners, by the partnership itself or
party, its employees and designated representatives, the immediate family members by
against any claim, demand or action that may be reason of gift,sale or devise),or the
brought against the other party, its employees or dissolution of the partnership without
designated representatives arising out of, or in immediate reconstitution thereof,and
connection with,the Contract.
ii.) if the Contractor is a closely held
15. Confidentiality corporation (i.e. whose stock is not
publicly held and not traded through
Any document of the County,or any document created an exchange or over the counter):
by the Contractor and used in rendering the Services,
shall remain the property of the County and shall be 1. the dissolution, merger,
kept confidential in accordance with applicable laws, consolidation or other
rules,and regulations. reorganization of the
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Contractor;and of the Contract, and the transferee has not been
convicted of a criminal offense as described under
2. the sale or other transfer of Article II of Chapter 189 of the Suffolk County Code.
twenty percent (20%) or The County shall grant or deny its consent to any
more of the shares of the request of a Permitted Transfer within twenty(20)days
Contractor (other than to after delivery to the County of the Transfer Notice, in
existing shareholders, the accordance with the provisions of Paragraph 27 of
corporation itself or the Article III of the Contract. If the County shall not give
immediate family members written notice to the Contractor denying its consent to
of shareholders by reason such Permitted Transfer(and setting forth the basis for
of gift, sale or devise). such denial in reasonable detail) within such twenty
(20)-day period, then the County shall be deemed to
b. If the Contractor is a not-for-profit have granted its consent to such Permitted Transfer.
corporation,a change of twenty percent(20%)or more
of its shares or members shall be deemed a Permitted e. Notwithstanding the County's consent,
Transfer.
i.) the terms and conditions of the
C. The Contractor shall notify the County in Contract shall in no way be deemed
writing, which notice (the "Transfer Notice") shall to have been waived or modified;
include: and
i.) the proposed effective date of the ii.) such consent shall not be deemed
Permitted Transfer, which shall not consent to any further transfers.
be less than thirty(3 0)days nor more
than one hundred eighty(180) days 18. No Intended Third Party Beneficiaries
after the date of delivery of the
Transfer Notice; The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be
ii.) a summary of the material terms of deemed a beneficiary of the Contract and no third party
the proposed Permitted Transfer; shall have the right to make any claim or assert any
right under the Contract.
iii.) the name and address of the
proposed transferee; 19. Certification as to Relationships
iv.) such information reasonably required The Contractor certifies under penalties of perjury that to the
by the County,which will enable the best of its knowledge,other than through the funds provided
County to determine the financial in the Contract and other valid agreements with the County,
responsibility, character, and there is no known spouse,life partner,business,commercial,
reputation of the proposed transferee, economic, or financial relationship with the County or its
elected officials. The Contractor also certifies to the best of
nature of the proposed its knowledge that there is no relationship within the third
assignee/transferee's business and degree of consanguinity,between the Contractor,any of its
experience; partners, members;directors, or shareholders owning five
(5%)percent or more of the Contractor,and the County. The
V.) all executed forms requiredpursuant foregoing certification shall not apply to a contractor that is a
to Article IV of the Contract,that are municipal corporation or a government entity.
required to be submitted by the 20. Publications
Contractor;and
Any book,article,report,or other publication related to
vi.) such other information as the County the Services provided pursuant to this Contract shall
may reasonably require. contain the following statement in clear and legible
print:
d. The County agrees that any request for its
consent to a Permitted Transfer shall be granted, "This publication is fully or partially funded
provided that the transfer does not violate any provision by the County of Suffolk."
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documents, and to use its best efforts to ensure that its
21. Copyrights and Patents employees, consultants, subcontractors, vendors and
agents do all acts and execute any documents,necessary
a. Copyrights to vest ownership in the County of any and all patent
eligible subject matter. The Contractor may not apply
Any and all materials generated by or on behalf of the for or secure for itself patent protection. The County
Contractor while performing the Services (including, reserves to itself,and the Contractor hereby gives to the
without limitation, designs, images, video, reports, County, and to any other person designated by the
analyses,manuals,films,tests,tutorials,and any other County, consent to produce or otherwise use any item
work product of any kind)and all intellectual property so discovered and/or the right to secure a patent for the
rights relating thereto ("Work Product") are and shall discovery or invention. This paragraph shall survive
be the sole property of the County. The Contractor any completion, expiration or termination of this
hereby assigns to the County its entire right, title and Contract.
interest,if any,to all Work Product,and agrees to do all
acts and execute all documents, and to use its best 22. Arrears to County
efforts to ensure that its employees, consultants,
subcontractors, vendors and agents do all acts and Contractor warrants that, except as may otherwise be
execute any documents,necessary to vest ownership in authorized by agreement, it is not in arrears to the
the County of any and all Work Product. The County upon any debt, contract, or any other lawful
Contractor may not secure copyright protection. The obligation,and is not in default to the County as surety.
County reserves to itself, and the Contractor hereby
gives to the County,and to any other person designated 23. Lawful Hiring of Employees Law in Connection
by the County,consent to produce,reproduce,publish, with Contracts for Construction or Future
translate, display or otherwise use the Work Product. Construction
This paragraph shall survive any completion,expiration
or termination of this Contract. In the event that the Contract is subject to the Lawful
Hiring of Employees Law of the County of Suffolk,
The County shall be deemed to be the author of all the Suffolk County Code Article II of Chapter 353,as more
Work Product. The Contractor acknowledges that all fully set forth in the Article entitled "Suffolk County
Work Product shall constitute "work made for hire" Legislative, Requirements," the Contractor shall
under the U.S. copyright laws. To the extent that any maintain the documentation mandated to be kept by this
Work Product does not constitute a "work made for law on the construction site at all times. Employee
hire," the Contractor hereby assigns to the County all sign-in sheets and register/log books shall be kept on
right, title and interest, including the right, title and the construction site at all times and all covered
interest to reproduce, edit, adapt,modify or otherwise employees, as defined in the law, shall be required to
use the Work Product,that the Contractor may have or sign such sign-in sheets/register/log books to indicate
may hereafter acquire in the Work Product, including their presence on the construction site during such
all intellectual property rights therein,in any manner or working hours.
medium throughout the world in perpetuity without
compensation. This includes,but is not limited to,the 24. Certification Regarding Lobbying
right to reproduce and distribute the Work Product in
electronic or optical media,or in CD-ROM,on-line or Together with this Contract and as a condition
similar format. precedent to its execution by the County,the Contractor
shall have executed and delivered to the County the
b. Patents Certification Regarding Lobbying (if payment under
this Contract may exceed $100,000) as required by
If the Contractor develops, invents, designs or creates Federal regulations, and shall promptly advise the
any idea, concept, code, processes or other work or County of any material change in any of the information
materials during the Term,or as a result of any Services reported on such Certification, and shall otherwise
performed under the Contract("patent eligible subject comply with, and shall assist the County in complying
matter"), it shall be the sole property of the County. with, said regulations as now in effect or as amended
The Contractor hereby assigns to the County its entire during the term of this Contract.
right, title and interest, if any, to all patent eligible
subject matter,and agrees to do all acts and execute all
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personally delivered during business hours as follows:
25. Record Retention 1.) to the Contractor at the address on page 1 of the
Contract and 2.)to the County at the Department,or as
The Contractor shall retain all accounts,books,records, to either of the foregoing,to such other address as the
and other documents relevant to the Contract for seven addressee shall have indicated by prior written notice to
(7) years after final payment is made by the County. the addressor. All notices received by the Contractor
Federal,State,and/or County auditors and any persons relating to a legal claim shall be immediately sent to the
duly authorized by the County shall have full access and Department and also to the County Attorney at H.Lee
the right to examine any of said materials during said Dennison Building, 100 Veterans Memorial Highway,
period. Such access is granted notwithstanding any P.O.Box 6100,(Sixth Floor),Hauppauge,New York,
exemption from disclosure that may be claimed for 11788-0099.
those records which are subject to nondisclosure
agreements,trade secrets and commercial information End of Text for Article III
or financial information that is privileged or
confidential Without limiting the generality of the
foregoing, records directly related to contract
expenditures shall be kept for a period of ten(10)years
because the statute of limitations for the New York
False Claims Act(New York False Claims Act§ 192)is
ten(10)years.
26. Contract Agency Performance Measures and
Reporting Requirements—Local Law No.41-2013
a. If payment under this Contract may exceed
$50,000, it is subject to the requirements of Suffolk
County Local Law No. 41-2013, a Local Law to
Implement Performance Measurement to Increase
Accountability and Enhance Service Delivery by
Contract Agencies(Article VIII of Chapter 189 of the
Suffolk County Code)as set forth in Article IV entitled
"Suffolk County Legislative Requirements."
b. The Contractor shall cooperate with the
Department in all aspects necessary to help carry out
the requirements of the Law. Based on criteria
established by the Contractor in conjunction with the
Department, the Contractor shall submit monthly
reports regarding the Contractor's performance relative
to the established criteria, on dates and times as
specified by the Department, as more fully set forth in
Article I and Article IV of this Contract.
C. The Contractor shall submit an annual report
to the Department regarding the Contractor's
performance no later than July 31 of each year of the
Term.All performance data and reports will be subject
to audit by the Comptroller.
27. Notice
Unless otherwise expressly provided, all notices shall
be in writing and shall be deemed sufficiently given if
sent by regular first class mail and certified mail, or
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Article IV Living Wage Certification/Declaration—Subject to Audit."
Suffolk County Legislative Requirements
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
Chapter 803 of the Suffolk County Code.
1. Contractor's/Vendor's Public Disclosure Statement
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-LO 1;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-1/38 (Revised through any grant, loan, subsidy, funding, appropriation,
8/2017); entitled "Suffolk County Department of Labor, payment, tax incentive, contract, subcontract, license
Licensing & Consumer Affairs Notice of Application for agreement,lease or other financial compensation agreement
County Compensation" issued by the County or an awarding agency, where such
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compensation is one hundred percent(100%)funded by the Required Forms:
County, shall submit a completed sworn affidavit (under
penalty of perjury),the form of which is attached,certifying Suffolk County Department of Labor, Licensing, &
that they have complied,in good faith,with the requirements Consumer Affairs — Notice of Application to certify
of Title 8 of the United States Code Section 1324a with compliance 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,Suffolk County Code
with respect to the alien and nationality status of the owners Chapter 353 (2006)"DOL-LHE-1/2(Revised 8/2017).;\
thereof. The affidavit shall be executed by an authorized
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 of the
All contractors and subcontractors (as defined) of covered Suffolk County Code.
employers,and the owners thereof,as the case may be,that The Contractor represents and warrants that it has not offered
are assigned to perform work in connection with a County or given any gratuity to any official,employee or agent of the
contract, subcontract, license agreement, lease or other County or the State or of any political party,with the purpose
financial compensation agreement issued by the County or or intent of securing an agreement or securing favorable
awarding agency,where such compensation is one hundred treatment with respect to the awarding or amending of an
percent(100%) funded by the County, shall submit to the agreement or the making of any determinations with respect
covered employer a completed sworn affidavit(under penalty to the performance of an agreement.
of perjury),the form of which is attached,certifying that they
have complied,in good faith,with the requirements of Title 8 6. Prohibition Against Contracting with Corporations
of the United States Code Section 1324a with respect to the that Reincorporate Overseas
hiring of covered employees and with respect to the alien and
nationality status of the owners thereof,as the case may be. It shall be the duty of the Contractor to read,become familiar
The affidavit shall be executed by an authorized with, and comply with the requirements of sections A4-13
representative of the contractor,subcontractor,or owner,as and A4-14 of Article IV of the Suffolk County Code.
the case may be; shall be part of any executed contract,
subcontract, license agreement, lease or other financial The Contractor represents that it is in compliance with
compensation agreement between the covered employer and sections A4-13 and A4-14 of Article IV of the Suffolk
the County;and shall be made available to the public upon County Code. Such law provides that no contract for
request. consulting services or goods and services shall be awarded by
the County to a business previously incorporated within the
An updated affidavit shall be submitted by each such U.S.A.that has reincorporated outside the U.S.A.
employer,owner,contractor and subcontractor no later than
January I of each year for the duration of any contract and
upon the renewal or amendment of the Contract, and Child Sexual Abuse Reporting Policy
whenever a new contractor or subcontractor is hired under the
terms of the Contract. It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Article I1 of
The Contractor acknowledges that such filings are a material, Chapter 880 of the Suffolk County Code.
contractual and statutory duty and that the failure to file any
such statement shall constitute a material breach of the The Contractor shall comply with Article II of Chapter 880,
Contract. of the Suffolk County Code, entitled"Child Sexual Abuse
Reporting Policy,"as now in effect or amended hereafter or
Under the provisions of the Lawful Hiring of Employees of any other Suffolk County Local Law that may become
Law, the County shall have the authority to terminate the applicable during the term of the Contract with regard to
Contract for violations of this Law and to seek other remedies child sexual abuse reporting policy.
available under the law.
8. Non Responsible Bidder
The documentation mandated to be kept by this law shall at
all times be kept on site. Employee sign-in sheets and It shall be the duty of the Contractor to read,become familiar
register/log books shall be kept on site at all times during with, and comply with the requirements of Article II of
working hours and all covered employees,as defined 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
(10)years. The term "conviction" shall mean a finding of
guilty after a trial or a plea of guilty to an offense covered
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under section 189-5 of the Suffolk County Code under prohibited from selling or otherwise providing to any third
"Nonresponsible Bidder." party,in any manner whatsoever,the personal or identifying
information of any minor participating in their programs.
9. Use of Funds in Prosecution of Civil Actions
Prohibited 13. Contract Agency Performance Measures and
Reporting Requirements
It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Article III of It shall be the duty of the Contractor to read,become familiar
Chapter 893 of the Suffolk County Code. with, and comply with the requirements of Suffolk County
Local Law No. 41-2013, a Charter Law to Implement
The Contractor shall not use any of the moneys,in part or in Performance Measurement to Increase Accountability and
whole, and either directly or indirectly, received under the Enhance Service Delivery by Contract Agencies(Article VIII
Contract in connection with the prosecution of any civil of Chapter 189 of the Suffolk County Code)as more fully set
action against the County in any jurisdiction or any judicial or forth in Article I and Article III of this Contract.
administrative forum.
All contract agencies having a contract in excess of$50,000
10. Youth Sports shall cooperate with the contract's administering department
to identify the key performance measures related to the
It shall be the duty of the Contractor to read,become familiar objectives of the services that the contract agency provides
with, and comply with Article III of Chapter 730 of the and shall develop an annual performance reporting plan.The
Suffolk County Code. contract agency shall cooperate with the administering
department and the County Executive's Performance
All contract agencies that conduct youth sports programs are Management Team to
required to develop and maintain a written plan or policy appropriate performance indicators and targets for monthly
addressing incidents of possible or actual concussion or other evaluation of the contract agency's performance.
head injuries among sports program participants.Such plan or
policy must be submitted prior to the award of a County 14. Suffolk County Local Laws Website Address
contract,grant or funding. Receipt of such plan or policy by
the County does not represent approval or endorsement of
any such plan or policy, nor shall the County be subject to Suffolk County Local Laws,Rules and Regulations
any liability in connection with any such plan or policy. can be accessed on the homepage of the Suffolk
County Legislature.
11. Work Experience Participation 15. Suffolk County Code of Ethics
If the Contractor is a not-for-profit or governmental agency or As required by Suffolk County Standard Operating Procedure
institution,each of the Contractor's locations in the County at A-06, the following is a link to the Suffolk County Ethics
which the Services are provided shall be a work site for Booklet,which contains the provisions of the Suffolk County
public-assistance clients of Suffolk County pursuant to Code of Ethics:
Chapter 281 of the Suffolk County Code at all times during
the Term of the Contract. If no Memorandum of hgps:Hsuffolkcountyny.jzov/Portals/0/formsdoes/Boardofethic
Understanding("MOU")with the Suffolk County Department s/Code%20of%20Ethics%20Booklet%20-
of Labor for work experience is in effect at the beginning of %20New%20Revised%20Mav%202017.pdf
the Term of the Contract, the Contractor, if it is a not-for-
profit or governmental agency or institution,shall enter into
such MOU as soon as possible after the execution of the
Contract and failure to enter into or to perform in accordance
with such MOU shall be deemed to be a failure to perform in End of Text for Article IV
accordance with the Contract, for which the County may
withhold payment, terminate the Contract or exercise such
other remedies as may be appropriate in the circumstances.
12. Safeguarding Personal Information of Minors
It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Suffolk County
Local Law No. 20-2013, a Local Law to Safeguard the
Personal Information of Minors in Suffolk County.
All contract agencies that provide services to minors are
required to protect the privacy of the minors and are strictly
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Article V Suffolk County Department of Audit and Control. In
General Fiscal Terms and Conditions addition to any other remedies that the County may
have,failure to supply the required documentation will
1. General Payment Terms disqualify the Contractor from any further County
contracts.
a. Presentation of Suffolk County Payment Voucher
C. Payment by County
In order for payment to be made by the County to the
Contractor for the Services, the Contractor shall Payment by the County shall be made within thirty(30)
prepare and present a Suffolk County Payment days after approval of the Suffolk County Payment
Voucher; which shall be documented by sufficient, Voucher by the Comptroller.
competent and evidential matter. Each Suffolk County
Payment Voucher submitted for payment is subject to d. Budget Modification
Audit at any time during the Term or any extension
thereof. This provision shall survive expiration or i.) The parties shall use the Contract Budget
termination of this Contract for a period of not less Modification Request form ("Budget
than seven(7)years,and access to records shall be as Modification") for revisions to the Budget and
set forth in paragraph 25 of Article III,and paragraph Services not involving an increase to the total cost
4(b)of Article V. of the Contract.If the Contractor is seeking such a
modification, the Contractor shall contact the
b. Voucher Documentation Department to receive the form and enter the
required information. When the County and the
The Suffolk County Payment Voucher shall list all Contractor agree as to such revisions, the
information regarding the Services and other items for Contractor shall sign the Budget Modification form
which expenditures have been or will be made in and return it to the County for execution along with
accordance with the Contract. Either upon execution any other documentation the Department may
of the Contract(for the Services already rendered and require.
expenditures already made), or not more than thirty
(30)days after the expenditures were made,and in no ii.) Such request must be made in advance of incurring
event after the 31St day of January following the end of any expenditure for which the revision is needed.
each year of the Contract,the Contractor shall furnish
the County with detailed documentation in support of iii•) Upon complete execution of the Budget
the payment for the Services or expenditures under the Modification form.the County shall return a copy
to the Contractor.
Contract e.g.dates of the Service,worksite locations, The revision shall not be
activities, hours worked, pay rates and all program effective until the Budget Modification is
Budget categories. The Suffolk County Payment completely executed.
Voucher shall include time records, certified by the
Contractor as true and accurate, of all personnel for iv.) The Budget Modification form may be submitted
whom expenditures are claimed during the period. only twice per calendar year and may only be
Time and attendance records of a Contractor's submitted prior to November 15 of that year.
Director/Executive Director shall be certified by the
Chairperson,President or other designated member of e. Budget and/or Services Revisions
the Board of Directors of the Contractor and shall be
maintained by the Contractor for audit. All Suffolk i.) The parties shall use the Contract Budget/Services
County Payment Vouchers must bear a signature as Revision Approval. Form (Budget /Services
that term is defined pursuant to New York State Revisions)for revisions to the Budget and Services
General Construction Law §46 by duly authorized involving any change to the total cost of the
persons, and certification of such authorization with Contract due to a resolution of the Legislature,
certified specimen signatures thereon must be filed changes to the County's adopted annual budget,or
with the County by a Contractor official empowered to for any other reason necessitating revisions to the
sign the Contract. Disbursements made by the Budget or Services.
Contractor in accordance with the Contract and
submitted for reimbursement must be documented and ii.) When the County and the Contractor agree as to
must comply with accounting procedures as set forth such revisions, the Department will enter the
by the Suffolk County Department of Audit and information into the Budget/Services Revisions
Control. Documentation,including any other form(s) form and send it to the Contractor for signature.
required by County or the Suffolk County Department The Contractor shall return it to the County for
of Audit and Control,shall be furnished to the County execution along with any other documentation the
pursuant to, and as limited by, the Regulations for Department may require.
Accounting Procedures for Contract Agencies of the
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iii.) Upon complete execution of the form by the 3. Personnel Salaries,Pension and Employee Benefit
parties, the County shall return a copy to the Plans,Rules and Procedures
Contractor. The revision shall not be effective until
the Budget/Services Revisions Form is completely
a. Upon request, the Contractor shall submit to the
executed.
County a current copy,certified by the Contractor
E Taxes
as true and accurate,of its
The charges payable to the Contractor under the i.) salary scale for all positions listed in the Budget;
Contract are exclusive of federal, state, and local
taxes,the County being a municipality exempt from ii.) personnel rules and procedures;
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 benefit
billings made on the final approved Suffolk County 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. C. Notwithstanding anything in this paragraph 3 of
this Article V, the County shall not be limited in
2. Subject to Appropriation of Funds requesting such additional financial information it
deems reasonable.
a. The Contract is subject to the amount of funds
appropriated each fiscal year and any subsequent 4. Accounting Procedures
modifications thereof by the County Legislature
and no liability shall be incurred by the County a. The Contractor shall maintain accounts, books,
beyond the amount of funds appropriated each records, documents, other evidence, and accounting
fiscal year by the County Legislature for the procedures and practices which sufficiently and
Services. properly reflect all direct and indirect costs of any
nature expended in the performance of the Contract,in
b. If the County fails to receive Federal or State funds accordance with generally accepted accounting
originally intended to pay for the Services, or to principles and with rules, regulations and financial
reimburse the County, in whole or in part, for directives, as may be promulgated by the Suffolk
payments made for the Services,the County shall County Department of Audit and Control and the
have the sole and exclusive right to: Department. The Contractor shall permit inspection
and audit of such accounts,books,records,documents
i.) determine how to pay for the Services; and other evidence by the Department and the Suffolk
County Comptroller,or their representatives,as often
ii.) determine future payments to the Contractor;and as, in their judgment, such inspection is deemed
necessary. Such right of inspection and audit as set
iii.) determine what amounts, if any,are reimbursable forth in subparagraph b. below shall exist during the
to the County by the Contractor and the terms and Term and for a period of seven (7) years after
conditions under which such reimbursement shall expiration or termination of the Contract.
be paid.
b. The Contractor shall retain all accounts, books,
h. The County may, during the Term, impose a Budget records,and other documents relevant to the Contract
Deficiency Plan. In the event that a Budget Deficiency for seven(7)years after final payment is made by the
Plan is imposed,the County shall promptly notify the County. Federal, State, and/or County auditors and
Contractor in writing of the terms and conditions any persons duly authorized by the County shall have
thereof, which shall be deemed incorporated in and full access and the right to examine any of said
made a part of the Contract, and the Contractor shall materials during said period. Such access is granted
implement those terms and conditions in no less than notwithstanding any exemption from disclosure that
fourteen(14)days. may be claimed for those records which are subject to
nondisclosure agreements, trade secrets and
commercial information or financial information that is
privileged or confidential.
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C. The Contractor shall utilize the accrual basis of costs of,and qualifications for,this type of work before
accounting and will submit all financial reports and selecting the Auditor.
claims based on this method of accounting during the
Term. b. The Auditor should be required to meet the following
minimum requirements:
5. Audit of Financial Statements
i.) a current license issued by the New York
a. All payments made under the Contract are subject to State Education Department;
audit by the Comptroller pursuant to Article V of the ii.) sufficient auditing experience in the not-
Suffolk County Charter. The Contractor further agrees for-profit,governmental or profit-making
that the Comptroller and the Department shall have areas,as applicable;and
access to and the right to examine,audit,excerpt,copy
or transcribe any pertinent transactions or other records iii.) a satisfactory peer review issued within
relating to services under the Contract. If such an audit not more than three(3)years prior to the
discloses overpayments by the County to the date when the Auditor was selected to
Contractor,within thirty(3 0)days after the issuance of conduct the audit.
an official audit report by the Comptroller or his duly
designated representatives,the Contractor shall repay C. The audit must be conducted in accordance with
the amount of such overpayment by check to the order generally accepted governmental auditing standards.
of the Suffolk County Comptroller or shall submit a Financial statements must clearly differentiate between
proposed plan of repayment to the Comptroller. If County-funded programs and other programs that the
there is no response,or if satisfactory repayments are Contractor may be operating. The use of subsidiary
not made,the County may recoup overpayments from schedules should be encouraged for this purpose. The
any amounts due or becoming due to the Contractor Auditor must also prepare a Management Letter based
from the County under the Contract or otherwise. on the audit.
b. The provisions of this paragraph shall survive the d. "Subrecipients"—Federally Funded Programs and
expiration or termination of the Contract for a period of Grants
seven (7)years, and access to records shall be as set i.) In the event the Contractor is a`'Subrecipient"as
forth in paragraph 25 of Article 11I,and paragraph 4(b) that term is defined in 2 CFR § 200.93 and the
of Article V. Contractor expends seven hundred fifty thousand
($750,000.00)dollars or more of Federal moneys,
6. Financial Statements and Audit Requirements whether as a recipient expending awards received
directly from Federal awarding agencies or as a
a. Notwithstanding any other reporting or certification Contractor expending Federal awards received
requirements of Federal,State,or local authorities,the from a pass-through entity such as New York State
Contractor shall obtain the services of an independent and/or Suffolk County, during any fiscal year
licensed public accountant or certified public within which it receives funding under the
accountant (the "Auditor") to audit its financial Contract,the audit referred to under this paragraph
statements for each Contractor's"fiscal year"in which 6 must be conducted and any the audit report must
the Contractor has received, or will receive, three be in accordance with OMB Uniform Grant
hundred thousand($300,000.00)dollars or more from Guidance — 2 CFR Part 200 ("Single Audit
the County, whether under the Contract or other Report"). Single Audit Reports must also be
agreements with the County,and shall submit a report uploaded to the Federal Audit Clearinghouse, to
to the County on the overall financial condition and the extent required by the OMB Uniform Grant
operations of the Contractor,including a balance sheet Guidance referred to above. In addition,the Single
and statement of income and expenses,attested by the Audit Report,respective financial statements and
Auditor as fairly and accurately reflecting the any Management Letters must be submitted to the
accounting records of the Contractor in accordance Department set forth on page one of this Contract
with generally accepted accounting principles. The and emailed to the Executive Director of Auditing
audited financial statements including respective Services at
Management Letters must be emailed to the Executive subreciaientmonitorine(a)suffolkcountyny.cov
Director of Auditing Services at within thirty (30) days after completion of the
Audits@suffolkcountyny.gov within thirty (30) days audit, but in no event later than nine (9) months
after completion of the audit,but in no event later than after the end of the Contractor's fiscal year, to
nine(9)months after the end of the Contractor's fiscal which the audit relates.
year,to which the audit relates. The Contractor may
solicit requests for proposals from a number of ii.) In the event the Contractor is a"Subrecipient"as
qualified accounting firms and review carefully the that term is defined in 2 CFR § 200.93 and the
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Contractor expends less than seven hundred fifty the proposed order. Written approval of the County
thousand($750,000.00)dollars of Federal moneys, shall be required before the Contractor may proceed
whether as a recipient expending awards received with such proposed purchase, rental or lease of
directly from Federal awarding agencies or as a furniture,fixtures or equipment. All items purchased
Contractor expending Federal awards received must be new or like new unless specifically described
from a pass-through entity such as New York State otherwise in the Budget.
and/or Suffolk County, during any fiscal year the
Contractor must email a certified Exemption Letter, b. Purchase Practices/Proprietary Interest of County
the form of which shall be provided by the
Department,on the Contractor's Letterhead and a i.) The Contractor shall follow the general practices
Schedule of Federal Funds Expended to the that are designed to obtain furniture, fixtures,
respective County Department and the Executive equipment, materials, or supplies at the most
Director of Auditing Services at reasonable price or cost possible.
subrecipientmonitoring@suffolkcountyny.gov
within thirty (30) days of the end of the ii.) The County reserves the right to purchase or obtain
Contractor's fiscal year. The Schedule of Federal furniture, fixtures, equipment, materials, or
Funds Expended must include all Federal funding supplies for the Contractor in accordance with the
received directly from the Federal government and programmatic needs of the Contract. If the County
all Federal funds passed through from the County exercises this right, the amount budgeted for the
and other pass-through entities. items so purchased or obtained by the County for
the Contractor shall not be available to the
iii.) Subrecipients may include,but not necessarily be Contractor for any purpose whatsoever. Title to
limited to, not-for-profit organizations; units of any such items purchased or otherwise obtained by
state government or a unit of local governments. the County for the programs encompassed by the
Contract and entrusted to the Contractor, shall
e. Copies of any other audit reports including oversight remain in the County.
agency audits must be submitted to the Department set
forth on page one of this Contract and emailed to the iii.) The County shall retain a proprietary interest in all
Executive Director of Auditing Services at furniture,removable fixtures,equipment,materials,
Auditssuffolkcount�y.gov within thirty (30) days and supplies purchased or obtained by the
(c_,
after completion of the audit(s). Contractor and paid for or reimbursed to the
Contractor pursuant to the terms of the Contract or
f. The requirements set forth in this paragraph 6 shall not any prior agreement between the parties.
preclude the authorized representatives of the County, iv.) The Contractor shall attach labels indicating the
the Comptroller, or Federal or State entities from County's proprietary interest or title in all such
conducting any other duly authorized audit(s) of property.
records and financial statements of the Contractor. The
Contractor shall make such records and financial C. County's Right to Take Title and Possession
statements available to authorized representatives of
Federal,State and County government for that purpose. Upon the termination or expiration of the Contract or
any renewal thereof,the discontinuance of the business
g. The provisions of this paragraph 6 shall survive the of the Contractor, the failure of the Contractor to
expiration or termination of the Contract. comply with the terms of the Contract,the bankruptcy
of the Contractor, an assignment for the benefit of its
creditors,or the failure of the Contractor to satisfy any
7. Furniture,Fixtures,Equipment,Materials,Supplies judgment against it within thirty(30)days of filing of
the judgment,the County shall have the right to take
a. Purchases, Rentals or Leases Requiring Prior title to and possession of all furniture, removable
Approval fixtures, equipment, materials, and supplies and the
same shall thereupon become the property of the
Prior to placing any order to purchase,rent or lease any County without any claim for reimbursement on the
furniture, fixtures, or equipment valued in excess of part of the Contractor.
one thousand dollars($1,000.00)per unit for which the
Contractor will seek reimbursement from the County, d. Inventory Records,Controls and Reports
the Contractor shall submit to the County a written
request for approval to make such a proposed purchase, The Contractor shall maintain proper and accurate
rental or lease, with a list showing the quantity and inventory records and controls for all such f imiture,
description of each item,its intended location and use, removable fixtures and equipment acquired pursuant to
estimated unit price or cost,and estimated total cost of the Contract and all prior agreements between the
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parties,if any. Three(3)months before the expiration the Contractor shall enter into a lease or rental agreement,or
date of the Contract, the Contractor shall make a shall renew a lease or rental agreement,the Contractor shall,
physical count of all items of furniture, removable prior to the execution thereof, submit such lease or rental
fixtures and equipment in its custody, checking each agreement,to the County for approval.
item against the aforesaid inventory records. A report
setting forth the results of such physical count shall be 9. Statement of Other Contracts
prepared by the Contractor on a form or forms
designated by the County, certified and signed by an Prior to the execution of the Contract,the Contractor shall
authorized official of the Contractor,and one(1)copy submit a Statement of Other Contracts to the County. If the
thereof shall be delivered to the County within five(5) Contract is amended during the Term, or if the County
days after the date set for the aforesaid physical count. exercises its option right,the Contractor shall submit a then
Within five(5)days after the termination or expiration current Statement of Other Contracts.
date of the Contract,the Contractor shall submit to the
County six (6) copies of the same report updated to
such date of the Contract, certified and signed by an 10. Miscellaneous Fiscal Terms and Conditions
authorized official of the Contractor, based on a
physical count of all items of furniture, removable a. Limit of County's Obligations
fixtures and equipment on the aforesaid expiration
date,and revised,if necessary,to include any inventory The maximum amount to be paid by the County is set
changes during the last three(3)months of the Term. forth on the first page of the Contract.
e. Protection of Property in Contractor's Custody b. Duplicate Payment from Other Sources
The Contractor shall maintain vigilance and take all Payment by the County for the Services shall not
reasonable precautions to protect the furniture,fixtures, duplicate payment received by the Contractor from any
equipment,material or supplies in its custody against other source.
damage or loss by fire,burglary,theft,disappearance,
vandalism, or misuse. In the event of burglary,theft, C. Funding Identification
vandalism, or disappearance of any item of furniture,
fixtures, equipment, material or supplies, the The Contractor shall promptly submit to the County
Contractor shall immediately notify the police and upon request,a schedule for all programs funded by the
make a record thereof,including a record of the results County, itemizing for each such program the sums
of any investigation which may be made thereon. In received,their source and the total program budget.
the event of loss of or damage to any item of furniture,
fixtures, equipment, materials, or supplies from any d. Outside Funding for Non-County Funded Activities
cause, the Contractor shall immediately send the
County a detailed written report thereon. Notwithstanding the foregoing provisions of the
Contract, it is the intent of the County that the terms
L Disposition of Property in Contractor's Custody and conditions of the Contract shall not limit the
Contractor from applying for and accepting outside
Upon termination of the County's funding of any of the grant awards or from providing additional educational
Services covered by the Contract,or at any other time activities/services which may result in the Contractor
that the County may direct,the Contractor shall make incurring additional costs, as long as the following
access available and render all necessary assistance for conditions are met:
physical removal by the County or its designee of any
or all furniture, removable fixtures, equipment, i.) The County is not the Fund Source for the
materials or supplies in the Contractor's custody in additional services;
which the County has a proprietary interest, in the ii.) Sufficient funding is available for or can be
same condition as such property was received by the generated by the Contractor to cover the cost
Contractor, reasonable wear and tear excepted. Any incurred by the Contractor to provide these
disposition,settlements or adjustments connected with additional services;and
such property shall be in accordance with the rules and
regulations of the County and the State of New York. iii.) If sufficient funding is not available or cannot be
generated,the County shall not be held liable for
S. Lease or Rental Agreements any of the additional costs incurred by the
Contractor in furnishing such additional services.
If lease payments or rental costs are included in the Budget as iv.) Prior to scheduling any such additional services on
an item of expense reimbursable by the County, the County-owned property,the Contractor shall obtain
Contractor shall promptly submit to the County, upon written County approval. The Contractor shall,to
request, any lease or rental agreement. If during the Term, the County's satisfaction, submit any
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documentation requested by the Department h. Budget
reflecting the change, and identify the additional
services to be provided and the source of funding The Contractor expressly represents and agrees that the
that shall be utilized to cover the expenditures Budget lists all revenue, expenditures, personnel,
incurred by the Contractor in undertaking the personnel costs and/or all other relevant costs
additional services. necessary to provide the Services.
e. Potential Revenue i. Payment of Claims
The Contractor shall actively seek and take reasonable. Upon receipt of a Suffolk County Payment Voucher,
steps to secure all potential funding from grants and the County, at its discretion, may pay the Contractor
contracts with other agencies for programs funded by during the Term,in advance,an amount not to exceed
the County. one sixth(1/6)of the maximum amount to be paid by
the County set forth on the first page of the Contract.
f. Payments Contingent upon State/Federal Funding
j. Payments Limited to Actual Net Expenditures
Payments under the Contract may be subject to and
contingent upon continued funding by State and/or The Contractor agrees that if, for any reason
Federal agencies. In the event payments are subject to whatsoever,the Contractor shall spend during the Term
such funding no payment shall be made until the for the purposes set forth in the Contract an amount
Contractor submits documentation in the manner and less than, or receive amounts more than,provided in
form as shall be required by State and/or Federal the Budget, the total cost of the Contract shall be
agency. If late submission of claims precludes the reduced to the net amount of actual Contractor
County from claiming State or Federal reimbursement, expenditures made for such purposes. The total
such late claims by the Contractor shall not be paid by amount to be paid by the County shall not exceed the
the County subject to subparagraph g. below, if, for lesser of(i)actual net expenditures or(ii)the total cost
any reason,the full amount of such funding is not made of the Contract on the cover page and in the Budget.
available to the County, the Contract may be Upon termination or expiration of the Contract,if the
terminated in whole or in part,or the amount payable Contractor's total amount of allowable expenses is less
to the Contractor may be reduced at the discretion of than the total amount of the payments made during the
the County, provided that any such termination or Term,the Contractor shall prepare a check payable to
reduction shall not apply to allowable costs incurred by the Suffolk County Comptroller for the difference
the Contractor prior to such termination or reduction, between the two amounts and submit such payment to
and provided that money has been appropriated for the County, along with the final Suffolk County
payment of such costs. Payment Voucher.
g. Denial of Aid k. Travel,Conference,and Meeting Attendance:SOP
A-07 Amendment 1
If a State or Federal government agency is funding the
Contract and fails to approve aid in reimbursement to Reimbursement to the Contractor for travel costs shall
the County for payments made hereunder by the not exceed amounts allowed to County employees.All
County to the Contractor for expenditures made during conferences that are partially or fully funded by the
the Term because of any act,omission or negligence on County that the Contractor's staff wishes to attend
the part of the Contractor,then the County may deduct must be pre-approved, in writing, by the County and
and withhold from any payment due to the Contractor must be in compliance with Suffolk County Standard
an amount equal to the reimbursement denied by the Operating Procedure A-07 which may be viewed
state or federal government agency,and the County's online at the County's website,SuffolkCountyny.gov;
obligation to the Contractor shall be reduced by any go to "Government," then "Comptroller," then
such amounts. In such an event, if there should be a "Consultant's Agreements."
balance due to the County after it has made a final
payment to the Contractor under the Contract, on 1. Salaries
demand by the County,the Contractor shall reimburse
the County for the amount of the balance due the The Contractor shall not be eligible to receive any
County, payable to the Suffolk County Comptroller. salary reimbursement until proof of deposit or payment
The provisions of this subparagraph shall survive the of all withholding and payroll taxes to the Federal/State
expiration or termination of the Contract. governments has been provided to the County.
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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 the
County.
n. Contractor Vacancies
The County shall have the right of prior approval of
the Contractor's filling of any vacant position as of
the date of execution of the Contract or as may
thereafter become vacant,and,in the exercise of that
right.The County may promulgate reasonable
regulations involving filling of vacancies which shall
be deemed to be incorporated by reference in,and be
made part of,the Contract,provided,however,that
subject to the availability of funding,approval for the
hiring of replacement clerical shall be a Contractor
determination.
o. No.Limitation On Rights
Notwithstanding anything in this Article V to the
contrary,the County shall have available to it all rights
and remedies under the Contract and at law and equity.
p. Comptroller's Rules and Regulations
The Contractor shall comply with the"Comptroller's
Rules and Regulations for Consultant's Agreements"as
promulgated by the Department of Audit and Control
of Suffolk County and any amendments thereto during
the Term of the Contract. The"Comptroller's Rules
and Regulations for Consultant's Agreements" and
"SOP A-07 Amendment 1"may be viewed online at
the County's website, SuftolkCountyny.gov; go to
"Government,"then"Comptroller,"then"Consultant's
Agreements."
End of Text for Article V
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ARTICLE V
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Budget Article VI
Town of Southold
Shopping Assistance Program
January 1,2022-December 31,2022
PERSONNEL $40,000
Shopping Assistance Workers 40,000
OTHER
Gas &Oil $1,700
Electronics (Computer Tablet) $800
TOTAL $42,500
Participant Contributions 2,500
NET REIMBURSABLE X40,000
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