HomeMy WebLinkAboutSC Office for the Aging - Residential Repair Program SUFFOLK
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o ` MAY 2 3 2023
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: Denis Noncarrow, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney _
Date: May 22, 2023
Subject: Agreement between Town of Southold & Suffolk County
CSE Residential Repair Program
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
Rev. 11/14/2022 Law No. IFMS No. 00000013669
Southold CSE RR 001-6777/J1-4980-95285
Southold CSE Residential Repair Program
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 at53095 Main
Road,P.O. Box 1179, Southold,New York 11971.
The Contractor has been designated to receive funds from the County to provide a Residential Repair Program for
the Elderly("the Services") as set forth in Article I, entitled"Description of Services."
Term of the Contract: January 1,2023 through December 31,2023;with an option,to be exercised at the County's
discretion,to June 30.,2024 on the same terms and conditions herein.
Units of Service: 800 Units of Residential Repair*
120 Unduplicated Served
*One(1)unit of service is equal to one(1)hour of residential repair/renovation service.
Total Cost of the Contract: Shall not exceed$28,004,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 as of the latest dat tten below.
Town of:M,�
County of Su f olk
By:
Scott A. Russell By
Supervisor Lisa M. Blac
Fed.Tax ID#: 11-6001939 Chief Deputy County Executive
Date y Date s
�l c O� �. ?)ms I Approved:
hereby Suffolk County Office for the Aging
certifies under penalties of perjury that I am an officer of
-rU" 4 &)0*6(d ,that I Holly S odes-Teague
have read and I am familiar with§A5-8 of Article
�V�Aof the Suffolk Director, Officefib the Aging
County Code,and thaty meets Date � ', 0
all requirements to qualify for exemption thereunder.
Name Date 'ska3 Recommended:
By: sl a ut, Q-�
Approved as to Form: Laura Racano
Dennis M a0-0VVr) Administrator 1
Suffolk oun Attorney CAchnq Date `s IJ
By:
Liliana Canela Nfagarin
Assistant County Attorney
Date ��lp�� 0076372
i
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Rev. 11/14/2022 Law No. A 3 AC, - 3 3 d IFMS No. 00000013669
Southold CSE RR 001-6777/J, D1-4980-95285
Southold CSE Residential Repair Program
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 at53095 Main
Road,P.O. Box 1179, Southold,New York 11971.
The Contractor has been designated to receive funds from the County to provide a Residential Repair Program for
the Elderly("the Services") as set forth in Article I, entitled"Description of Services."
Term of the Contract: January 1,2023 through December 31,2023;with an option,to be exercised at the County's
discretion,to June 30,2024 on the same terms and conditions herein.
Units of Service: 800 Units of Residential Repair*
120 Unduplicated Served
*One(1)unit of service is equal to one(1)hour of residential repair/renovation service.
Total Cost of the Contract: 'Shall not exceed$28,004,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 as of the latest dat ritten below.
Town of Southold County of Suf olk
By: By:
Scott A. Russell
Lisa M. Blac
Supervisor Chief Deputy Coin Executive
Fed.Tax ID#: 11-6001939
Date L{�a, � Date s
C 0-0 rl )ms "ILII Approved:
'� hereby Suffolk County Office for
_�the
,,^�Aging >
certifies under penalties of perjury that I am an officer ofBy. �-+��L Gam'
TO" �D1�. �
�� Holly S odes-Teague
have read and I am familiar with§A5-8 of Articlee Vwof the Suffolk Director, Office,fo the Aging
County Code,and thatlhNYI 10 t� meets Date o?D��
all requirements to qualify for exemption thereunder.
Name Date* a3 Date a3 Recommenn-d�ed:
Ey: Q�GCyYKl-
Approved as to Form: Laura Racano
Dennis M Hazon Administra or I1
Suffolk o n Attorney C�£: n�) Date s
By:
Liliana Canela Aagarin
Assistant County Attorney
Date �/8] 0076372
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Southold CSE RR 001-6777/JKD1-4980-95285
List of Articles
Article I
Description of Services
1. Conflicting Provisions
2. Contractors Narrative
3. , Contract Agency, Performance Measures-and Reporting Requirements - Local Law No. 41-2023
4. SuffolkSTAT
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
15. Confidentiality
16. Assignment and Subcontracting
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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
16.Notification of Cyber Security Breach
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
m. Salary Increases
n. Contractor Vacancies
o. No Limitation On Rights
p. Comptroller's Rules and Regulations
Article VI
Budget
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Article I
Description of Services
Whereas,the Contractor has been identified in the 2023 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 Residential Repair Program ("the Program") is to provide persons aged sixty(60) and over, who are
in need,with minor repair and renovation assistance to remediate or upgrade substandard, unsuitable or
unsafe housing, including,but not limited to, handicapped accessible modifications or crime prevention
modifications.
The Program provides the required labor and recipients pay for necessary supplies and materials.
Persons aged sixty(60) and over who are incapable of maintaining their homes because of illness,
incapacity, or absence of a caretaker relative are eligible to receive services.
3. General Terms and Conditions
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 upon request.
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 7 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 eligible persons any fees for services.
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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 service, 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 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 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 (Older Americans Act ("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 ("NYS") Office for the Aging. Consistent with the OAA
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and NYS applicable regulations, including the following laws: the Older Americans Act(OAA),
Title III of the Code of Federal Regulations, 45 CFR 1321; the NYS Elder Law and relevant
NYS regulations (Title 9, Subtitle Y of the New York State Code of Rules and Regulations);the
Contractor's targeting goal is to substantially increase the numbers of older adults from targeted
population groups (minority, low-income, frail, vulnerable).
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-Households with incomes at or below one-hundred-fifty percent(150%)
of the poverty level.
iii. Frail —Persons with one (1) or more functional deficits in the following areas:
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a) Physical functions;
b) Mental functions;
C) Activities of daily living (eating,bed/chair transfer, dressing,bathing,toiletry and
continence); and/or,
d) Instrumental activities of daily living (meal preparation, housekeeping, shopping,
medications,telephone,travel, and money management).
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;
e) Lesbian, gay, bisexual,transgender(LGBT) older adults;
f) Low literacy;
g) Older adult caregivers of children with developmental disabilities, mental illness,
or other disabilities requiring a caretaker (e.g., traumatic brain injury);
h) Homebound; and,
i) Alzheimer's or other Dementia.
d. In order to comply with Targeting requirements,the Contractor must employ Outreach Strategies
which may include,but are not limited to, locating target populations using Census or other
resource data,translated printed materials, location of services in catchment areas for targeted
populations,publicity to community-based groups, and minority staff/volunteers.
8. Equal Access
a. The Contractor shall comply with requirements for equal access including language accessibility,
nondiscrimination and concentration of services on target populations.
b. The Contractor shall 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
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uncompensated care to their adult children with disabilities. Providers must ensure that
communications with individuals with disabilities are as effective as communications with others
(ADA, 28 CFR 35.160-35.164). For example, auxiliary aids and services may include:
• For individuals who are deaf or hard of hearing: qualified interpreters, note takers,
computer-aided transcription services,written materials,telephone handset
amplifiers, assistive listening systems,telephones compatible with hearing aids,
closed caption decoders, open and closed captioning,telecommunications devices
for deaf persons (TDDs), videotext displays, and exchange of written notes.
• For individuals with vision impairments: qualified readers,taped texts, audio
recordings,Brailed materials, large print materials, and assistance in locating items.
• 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)hour of residential repair/renovation service.
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.
C. The Contractor must at a minimum determine and maintain the following specific type of
demographic information for each individual receiving services.
Demographics
The Contractor must at a minimum determine and maintain the following specific type of
demographic information for each individual receiving services:
• Name.
• Sex.
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• Age.
• 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 Unit 150 % of Poverty Threshold 185 % of Poverty Threshold
1 $21,870/year $26,873/year
2 $29,580/year $36,482/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 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 the conclusion of the service, but not less often than annually, the
Contractor shall send each recipient an evaluation letter and survey in the form approved by the
Department, informing him/her of the sources of funding for the program and including the following
information:
Contributions are welcomed and are used to expand this service.
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15. Monitoring
a. 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, etc., 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§306(a)(10)of the Older Americans Act,as amended(OAA),the Department has
established a process for resolving complaints from older persons who are dissatisfied with or denied services
funded. 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 ("Ms") for the prior month's data, and
analysis of the Contract performance measures via the County's SuffolkSTAT application by linking onto
http:Hsuffolkstat.suffolkcountyny.gov no later than the 15th of each month of the Contract Term.
This contract requires no KPI reporting at this time.
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Contractor's Proposal and
Response for Targeting and Equal Access
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ARTICLE I
a a
a T
Nutrition Program
JACQUELINE MARTINEZ
Senior Citizens Program Director staFF0Home Delivered Meals
Town of Southold �,® �'� ' Case Management
�,�� G�'� Essential Transportation
P.O.Box 85
� N Shopping Assistance Program
750 Pacific Street
Senior Adult Day Care
Mattituck,NY 11952
Alzheimer's Day Care
Tel.(631)298-4460
Fax(631)298-4462 ® ®� Telephone Reassurance
Residential Repair
SOUTHOLD TOWN
CSE RESIDENTIAL REPAIR PROGRAM
Program Narrative 1/1/23-12/31/23
The Residential Repair program is a service designed to help keep elderly residents safely in their
homes by assisting with minor repairs or chores and eliminating safety hazards that don't require
the skills of a licensed craftsman. The population of aged 60+residents in Southold Town is
approximately 32.23% according to 2010 census data. The program provided 283.25 units of
service to 53 seniors during the 4/1/22— 12/31/22 program year. These totals reflect 4 months of
service as the Maintenance Mechanic I position was vacant twice during the 9-month 2022
program year. After initially filling the vacancy on 5/31/22, it became vacant once again when
the Maintenance Mechanic left our employ 2 months later. The position again remained vacant
until a new Maintenance Mechanic was hired 11/4/22 and services have since resumed.
Targeting and expanded minority outreach efforts will continue to be a major priority for the
upcoming year. According to the 2010 U.S. Census, 3.47% of the elderly residents in Southold
Town are minority. Southold Town Senior Services will ensure access for services to the four
target groups which have the greatest economic and social needs. These groups include
minorities, low income, frail and vulnerable persons aged 60 and older. Targeting groups for
improved service will also include those with Limited English Proficiency (LEP), lesbian, gay,
bisexual, and transgender(LGBT) older adults. For the 4/1/22— 12/31/22 program year 1.89%
minority clients were served,which is below our minority targeting goal of 3.47%. This is almost
certainly a direct result of the 5 month pause in service referenced above. Now with services
restored we continue our partnership with Family Service League's NNORC Program
(Neighborhood Naturally Occurring Retirement Community)Long Island Sound Senior Care
which provides us with the opportunity to work collaboratively with other agencies and increase
our visibility with underserved minorities in the Greenport catchment area.
Ensuring equal access to languages services for all is a high priority and is achieved through a
contract with Geneva Worldwide Language Services. Staff is aware of and trained in the
timely and appropriate use of these language services. As a contractor with SCOFA,we will fully
comply with requirements of both the Equal Access to Services and Targeting Policy (12-PI 08)
and the Telephonic Interpretation Policy (12-IM-03)to meet our goal of increasing access to the
most vulnerable elderly, particularly those with limited English proficiency. Access is also
provided by other Town offices as Southold entered into a supplemental contract for language
interpretation services called Language Line Solutions in May 2022.Staff will ensure that those
with limited English proficiency (LEP) are informed of the availability of FREE language
interpretation assistance by providing written notice in languages the LEP person will
• I ®.
understand at service locations. In addition, signs are posted at the entrance of our senior
center that highlight this free service available to all seniors. Information is also posted on the
Town's website informing Southold residents, community service organizations and local
churches that free language assistance is available.
In addition to our existing print outreach activities of brochures, newspapers, senior center menus
and activity calendars, we are featured in Eastern Long Island Hospital's Seniors Options and
Solutions Program newsletter that enjoys Town wide distribution. The website for the Town of
Southold www.southoldtownngov is a great resource and all activities,program announcements
and updates are posted weekly. Important links for programs, services and related forms can be
easily accessed. We have also retained WLNG Radio to provide multiple daily announcements
about the Residential Repair Program and the other important services we offer. We have
increased visibility and expanded access to our services by working closely with other Town
Departments and service providers.For example, we continue to work closely with Supervisor
Russell on community education programs on carbon monoxide and fire safety for seniors.
Through a community development block grant, we purchased 150 CO/smoke detectors and have
installed 137 to date.
Our Residential Repair Coordinator and Maintenance Mechanic I, continue to work
collaboratively with the Senior Citizens Center Manager and Peer Place Assessors to address
unmet needs for home delivered and congregate dining participants. We regularly install
smoke/CO detectors, grab bars and other equipment to ensure the health and safety of our seniors.
Our ongoing partnership with Long Island Sound Senior Care's NORC Program, co-located at the
Senior Center and in Greenport, continues to enhance our ability to identify and serve minority
and low-income minority seniors in Greenport. The Nassau Suffolk Hospital Council Aged, Blind
and Disabled Health Insurance Benefits Assistance Program provides a monthly rotation in our
community services office and their advocates provide information on our services to program
participants age 65 and older. Local pharmacies have also been providing information on our
service to seniors and have been referring customers to Residential Repair for installation of grab
bars and other home safety equipment.
The Town also assists income eligible seniors with necessary modifications through the home
repair program funded through the community development block grant program. The Town
launched the portable ramp loan program in April 2016 which provides portable suitcase ramps to
assist seniors and their caregivers and/or families in accessing their homes after temporary illness
or injury. The purpose of the ramp program is to assist caregivers of seniors for short term use
only and are not intended for independent use or long-term disability. The 17 ramps and storage
shed were purchased through Community Development Block Grant funding. Hospital discharge
planners and local home health providers have been notified about this important program. Our
Residential Repair Workers are responsible for installation of portable ramps. To date we have
installed and removed 47 ramps.
Southold Town Senior Services previously partnered with the SAGE organization in providing on
site services and activities to the LGBT community on the North Fork. While they no longer
provide direct services on site,we do provide SAGE's print information to seniors and post all
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• a . P
announcements regarding events and programs on our community bulletin board. We also make
direct referrals to anyone needing their services.
Additional outreach efforts include:
i
• Program highlighted in the Town-wide newsletter.
• Residential Repair program information is featured in the Town's Recreation brochure
which is mailed to all residents on a quarterly basis.
• Brochures placed around Town, in pharmacies, medical offices, & libraries.
• Featured in the Suffolk Times Newspaper in articles, columns and editorials.
• Referrals from HDM assessors for the homebound meals-on-wheels participants. Home
safety is reviewed with each client on our home visits and incorporated into all care plans.
• Informational presentations to monthly on-site caregivers' group/Alzheimer's Support
Group by our Adult Day Care Supervisor who provides updated information on all senior
service programs.
• Featured regularly on our monthly menu.
• Word of mouth from satisfied seniors.
• Church Bulletins.
• Regular informational presentations provided to community organizations and Churches
by Director and/or Senior Citizens Center Manager via Zoom or in person.
• Featured on Southold Town Government Cablevision Channel 22.
• Announcements at the local senior meetings and monthly VIP (Visually Impaired Persons)
group.
• Multiple daily (paid) announcements provided on WLNG Radio highlighting regular
programs and services and special events.
• Partnering with other agencies that serve seniors i.e., Long Island Sound Senior Care
(NORC) and Family Service League; Eastern Long Island Hospital Senior Options and
Solutions, and agencies participating in our Health Care Issues and Senior Services.
• Partnering with Stony Brook Eastern Long Island Hospital on various initiatives for
seniors including wellness education and community clinics for COVID-19 vaccine
registration and distribution.
• Partnering with Sr. Margaret Smyth,North Fork Spanish Apostolate in outreach and
activities for the Hispanic community. (i.e., COVID vaccine registration and language
interpretation support).
• Work closely with North Fork Parish Outreach and Food Pantry and Long Island Cares as
a community food distribution site.
• Collaborate with Rebuilding Together Long Island(RTLI)in outreach and education
efforts for the senior community needing critical repairs to their homes to improve safety.
a 3
For the 4/1/22-12/31/22 program year, we projected providing 600 units of service to 100 seniors
with voluntary contributions of$2,000.00. We ultimately provided 283.25 units of service to 53
seniors with voluntary contributions of$716.00 during the 4 months services were provided. As
mentioned previously,there was a lapse in services for 5 months due to a Maintenance Mechanic
position vacancy. Finding a replacement proved challenging for months and since hiring a new
Maintenance Mechanic on 11/4/2022, services have resumed. For the 1/1/23-12/31/23 program
year we anticipate providing 800 units of service to 120 seniors with$2,000 in participant
contributions.
Implementation of the Residential Repair Program will be coordinated through Senior Services
with all referrals being directed to Kathy Mazzaferro, Senior Citizen Aide II/Residential Repair
Coordinator. Referrals are received from HDM assessors, adult day care staff, seniors, family
members, caregivers, physicians, other outside agencies and individuals in the community.
Referrals are taken at the Senior Center where appointments are scheduled for the Maintenance
Mechanic to inspect potential jobs and prepare a task list including materials needed with cost
estimates. The client is responsible for the cost of materials needed for the job. If they are unable
to pay for materials, other options are considered for needed supplies. If approved by the client,
an appointment will be made by Ms. Mazzaferro for the Maintenance Mechanic to complete the
work. A materials purchase record will be provided to the client and signed by both the client and
worker. The Maintenance Mechanic is then instructed to complete the approved job assignment.
Upon completion, a letter will be sent along with a client comment form. The letter will indicate
that all contributions to the program are voluntary and confidential and that no one will be denied
service because of inability or unwillingness to pay and all contributions are used to enhance the
program.
Ms. Mazzaferro will prepare schedules and material/supply records and be responsible for
submitting monthly reports as required by the Suffolk County Office for the Aging. The Senior
Citizens Program Director-will oversee implementation and direction of the program including
program performance, quality of service, accuracy and timeliness of reporting. Program
expenditures and voluntary and anonymous contributions will also be closely monitored with
direct oversight by the Senior Citizens Center Manager, Shatina Jayne. The vouchering process
takes place in the Accounting Department by the Deputy Town Comptroller.
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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.
H. Notifyinst 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.
l
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 filed 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 filed. 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. Recordkeepin
The service provider agency which is handling the grievance shall keep a file, for seven (7)years,
of all relevant documents and records. This shall include at a minimum: the initial grievance; any
investigative reports; any written response submitted by the Suffolk County Office for the Aging or
service provider agency; any documents or other records submitted by any party; the written Initial
Response of the agency; and, if applicable,the notice to the grievant of the right to appeal.
V. Confidentiality
No information, documents, or records relating to a grievance shall be disclosed by program staff or
volunteers in a form capable of identifying the grievant without the written informed consent of the
grievant unless the disclosure is required by court order or program monitoring by authorized agencies.
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ARTICLE I
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COMPLAINT LETTER FORM
Service Provider
Letterhead
Instructions
Please complete both sides of this form. If assistance is needed in completing this form,you may contact
(Name and phone). Completed forms should be sent to:
Service Provider contact person and address
This form must be filed within (30) calendar days of the event or action
complained of unless you are granted an extension for good cause.
I am requesting a review of the following grievance:
❑ I was denied service.
❑ I am not satisfied with the quality of service or an activity provided by
your agency or by your service provider.
❑ I have the following grievance (briefly describe):
Date/estimated date of the event or action complained of:
Please describe in details what happened or what your grievance is (if you need extra
space,use back side of this form):
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Please state, if you know, what relief you are seeking:
Signed:
Name (print):
Date:
Address:
Phone Number:
End of Text for Article I
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Article II d. the Contractor's failure to comply with any
Definitions Federal,State or local law,rule,or regulation,and
County policies or directives;or
1. Meanings of Terms
e. the Contractor's bankruptcy or insolvency;or
As used herein:
f. the Contractor's failure to cooperate in an Audit of
"Audit of Financial Statements"means the examination by Financial Statements;or
the Comptroller and any Federal or State auditing authority of
the financial statements of the Contractor resulting in the g. the Contractor's falsification of records or reports,
publication of an independent opinion on whether or not those misuse of funds,or malfeasance or nonfeasance in
financial statements are relevant,accurate,complete,and fairly financial record keeping arising out of, in
connection with,any contract with the County;or
presented.
"Budget"means the Contractor's summary or plan of all h. the Contractor's failure to submit, or failure to
intended revenue,whether received in the form of fees,grants,County timely submit,documentation to obtain Federal or
funding,or any other source,and expenditures necessary to render the State funds;or
Services.
i. the inability of the County or the Contractor to
"Budget Deficiency Plan" means an analysis of the cost of the obtain Federal or State funds due to any act or
Services,changes in fiscal conditions,and required modifications to the omission of the Contractor;or
Contract to continue to render the Services.
j. any condition that the County determines, in its
"Comptroller"means the Comptroller of the County of Suffolk. sole discretion,is dangerous.
"Contract"means all terms and conditions of this Contract forming all k. the failure to comply with Local Law 41-2013 and
rights and obligations of the Contractor and the County. related contractual requirements.
"Contractor"means the signatory corporation, its officers, officials, "Federal"means the United States government, its departments, and
employees, agents, servants, sub-contractors, volunteers, and any agencies.
successor or assign of any one or more of the foregoing performing the
Services. "Fringe Benefits"means non-wage benefits which accompany,or are
in addition to, a person's salary, such as paid insurance, sick leave,
"County"means the County of Suffolk,its departments,and agencies. profit-sharing plans,paid holidays,and vacations.
"County Attorney" means the County Attorney of the County of "Fund Source" means any direct or indirect sum payable to the
Suffolk. Contractor by the County pursuant to any lawful obligation.
"Department"means the signatory department approving the Contract. "Legislature"means the Legislature of the County of Suffolk.
"Engineering Services" means the definition of the practice of "Management Letter" means a letter certified as true by the
engineering and the definition of practice of land surveying,as the case Contractor's certified public accountant or chief financial officer of
may be,under Section 7201 and Section 7203 of the State Education findings and recommendations for improvements in internal fiscal
Law,respectively. control that were identified during an Audit of Financial Statements,but
which were not required to be included in an audit report.
"Event of Default"means
"Municipal Corporation"means a town,village,or school district.
a. the Contractor's failure to perform any duty
required of it under paragraphs 1(b)-(e)of Article "Services"means all that which the Contractor must do,and any part
III the Contract;or thereof arising out of,or in connection with,the Contract as described
in Article I"Description of Services."
b. the Contractor's failure to maintain the amount and
types of insurance with an authorized insurer as "State"means the State of New York.
required by the Contract;or
"Statement of Other Contracts" means a complete list of all other
C. the Contractor's failure to maintain insurance contracts under which money has been or will be paid to the Contractor
required by the Contract with an insurer that has from the County, Federal, or State governments, or a Municipal
designated the New York Superintendent of Corporation, and (i) which are currently in effect or (ii) which have
Insurance as its lawful agent for service of process; expired within the past twelve(12)months and have not been renewed.
or
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"Suffolk County Payment Voucher"means the document authorized
and required by the Comptroller for release of payment.
"Term"means the time period set forth on page one of the Contract
and,if exercised by the County,the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms, associations,
partnerships(including limited partnerships),trusts,corporations,and
other legal entities,including public bodies,as well as natural persons,
and shall include successors and assigns.
Capitalized terms used,but not otherwise defined,herein,shall have the
meanings assigned to them in the Contract.
End of Text for Article H
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Article III Contract remains to be performed, and the
General Terms and Conditions termination of the license does not affect the
Contractor's ability to render the Services, every
1. Contractor Responsibilities other term and provision of the Contract shall be
valid and enforceable to the fullest extent permitted
a. Duties and Obligations by law.
i.) It shall be the duty of the Contractor to d. Documentation of Professional Standards
discharge, or cause to be discharged, all of its
responsibilities,and to administer funds received in The Contractor shall maintain on file, in one location in
the interest of the County in accordance with the Suffolk County, all records that demonstrate that it has
provisions of the Contract. complied with sub-paragraphs(b)and(c)above. The address
of the location of the aforesaid records and documents shall
The Contractor shall promptly take all be provided to the County no later than the date of execution
action as may be necessary to render the Services. of the Contract. Such documentation shall be kept,
maintained,and available for inspection by the County upon
iii.) The Contractor shall not take any action twenty-four(24)hours notice.
that is inconsistent with the provisions of the
e. credentialing
Contract.
iv.) Services provided under this Contract
i. hi the event that the Department,or any
)
shall be open to all residents of the County. division thereof,maintains a credentialing process
to qualify the Contractor to render the Services,the
b. Qualifications, Licenses, and Professional Contractor shall complete the required
Standards credentialing process. In the event that any State
credential, registration, certification or license,
The Contractor represents and warrants that it has,and shall Drug Enforcement Agency registration, or
continuously possess,during the Term,the required licensing, Medicare or Medicaid certification is restricted,
education,knowledge,experience,and character necessary to suspended,or temporarily or permanently revoked,
qualify it to render the Services. it is the duty of the Contractor to contact the
Department,or division thereof as the case may be,
The Contractor shall continuously have during the Term all in writing, no later than three (3) days after such
required authorizations, certificates, certifications, restriction,suspension,or revocation.
registrations,licenses,permits,and other approvals required
ii. The Contractor shall forward to the
by Federal, State, County, or local authorities necessary to )
qualify it to render the Services. Department,or division thereof as the case maybe,
on or before July 1 of each year during the Term,a
C. Notifications complete list of the names and addresses of all
persons providing the Services, as well as their
i.) The Contractor shall immediately notify respective areas of certification, credentialing,
the County, in writing, of any disciplinary registration,and licensing.
proceedings, commenced or pending, with any
authority relating to a license held by any person f. Engineering Certificate
necessary to qualify him,her,or the Contractor to
perform the Services. In the event that the Contract requires any Engineering
Services,the Contractor shall submit to the County,no later
ii.) In the event that a person is no longer than the due date for submission for approval of any
licensed to perform the Services, the Contractor engineering work'product, the Certificate of Authorization
must immediately notify the County, but in no ("Certificate"), issued pursuant to § 7210 of the New York
event shall such notification be later than five(5) Education Law,of every person performing any Engineering
Services. The failure to file, submit, or maintain the
days after a license holder has lost the license
required to qualify the license holder or the Certificate shall be grounds for rejection of any engineering
Contractor to perform the Services. work product submitted for approval.
iii.) In the event that the Contractor is not 2. Termination
able to perform the Services due to a loss of
license,the Contractor shall not be reimbursed for a. Thirty Days Termination
the Services rendered after the effective date of
termination of such license. Without limiting the The County shall have the right to terminate the Contract
generality of the foregoing, if any part of the without cause,for any reason,at any time,upon such terms
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and conditions it deems appropriate,provided,however,that
no such termination shall be effective unless the Contractor is b. The Contractor hereby represents and warrants that
given at least thirty(30)days'notice. it will not infringe upon any copyright in performing the
Services. The Contractor agrees that it shall protect,
b. Event of Default;Termination on Notice indemnify,and hold harmless the County,its agents,servants,
officials,and employees from and against all liabilities,fines,
i.) The County may immediately terminate penalties, actions, damages, claims, demands, judgments,
the Contract, for cause, upon such terms and losses,suits or actions,costs,and expenses arising out of any
conditions it deems appropriate, in the Event of claim asserted for infringement of copyright, including
Default. reimbursement of the cost of reasonable attorneys' fees
incurred by the County, its agents, servants, officials, and
ii.) If the Contractor defaults under any other employees in any action or proceeding arising out of or in
provision of the Contract, the County may connection with any claim asserted for infringement of
terminate the Contract, on not less than five (5) copyright.
days' notice, upon such terms and conditions it
deems appropriate. C. The Contractor shall defend the County,its agents,
servants, officials, and employees in any proceeding or
C. Termination Notice action, including appeals, arising out of, or in connection
with, the Contract, and any copyright infringement
Any notice providing for termination shall be delivered as proceeding or action.Alternatively, at the County's option,
provided for in paragraph 27 of this Article III. the County may defend any such proceeding or action and
require the Contractor to pay reasonable attorneys' fees or
d. Duties upon Termination salary costs of County employees of the Department of Law
for the defense of any such suit.
i.) The Contractor shall discontinue the
Services as directed in the termination notice. 4. Insurance
ii.) Subject to any defenses available to it, a. The Contractor shall continuously maintain,during
the County shall pay the Contractor for the the Term of the Contract,insurance in amounts and types as
Services rendered through the date of termination. follows:
iii.) The County is released from any and all
liability under the Contract,effective as of the date i.) Commercial General Liability insurance,
of the termination notice. including contractual liability coverage, in an
amount not less than Two Million Dollars
iv.) Upon termination, the Contractor shall ($2,000,000.00) per occurrence for bodily injury
reimburse the County the balance of any funds and Two Million Dollars ($2,000,000.00) per
advanced to the Contractor by the County no later occurrence for property damage. The County shall
than thirty (30) days after termination of the be named an additional insured.
Contract. The provisions of this subparagraph shall
survive the expiration or termination of the ii.) Automobile Liability insurance (if any
Contract. non-owned or owned vehicles are used by the
Contractor in the performance of the Contract)in
V.) Nothing contained in this paragraph shall an amount not less than Five Hundred Thousand
be construed as a limitation on the County's rights Dollars($500,000.00)per person,per accident,for
set forth in paragraphs 1(c) (iii) and 8 of this bodily injury and not less than One Hundred
Article III. Thousand Dollars ($100,000.00) for property
damage per occurrence.The County shall be named
3. Indemnification and Defense an additional insured.
a. The Contractor shall protect,indemnify,and hold iii.) Workers'Compensation and Employer's
harmless the County, its agents, servants, officials, and Liability insurance,Disability Benefits insurance,
employees from and against all liabilities, fines, penalties, including coverage for Paid Family Leave Benefits,
actions, damages,claims,demands,judgments,losses,suits in compliance with all applicable New York State
or actions, costs, and expenses caused by the negligence or laws and regulations and Disability Benefits
any acts or omissions of the Contractor, including insurance,if required by law. The Contractor shall
reimbursement of the cost of reasonable attorneys' fees furnish to the County,prior to its execution of the
incurred by the County, its agents, servants, officials, and Contract,the documentation required by the State
employees in any action or proceeding arising out of, or in of New York Workers' Compensation Board of
connection with,the Contract. coverage or exemption from coverage pursuant to
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§§57 and 220 of the Workers'Compensation Law. anything contained in this Contract,the Contract shall not be
In accordance with General Municipal Law§108, construed as creating a principal-agent relationship between
the Contract shall be void and of no effect unless the County and the Contractor or the Contractor and the
the Contractor shall provide and maintain coverage County,as the case may be.
during the Term for the benefit of such employees
as are required to be covered by the provisions of 6. Severability
the Workers' Compensation Law.
It is expressly agreed that if any term or provision of this
iv.) Professional Liability insurance in an Contract, or the application thereof to any person or
amount not less than Two Million Dollars circumstance, shall be held invalid or unenforceable to any
($2,000,000.00) on either a per-occurrence or extent, the remainder of the Contract, or the application of
claims-made coverage basis. such term or provision to persons or circumstances other than
those as to which it is held invalid or unenforceable,shall not
b. The County may mandate an increase in the liability be affected thereby,and every other term and provision of the
limits set forth in the immediately preceding paragraphs Contract shall be valid and shall be enforced to the fullest
(4)(a)(i),(ii),and(iv). extent permitted by law.
C. All policies providing such coverage shall be issued
by insurance companies authorized to do business in New
York with an A.M.Best rating of A-or better. 7. Merger;No Oral Changes
d. The Contractor shall furnish to the County,prior to It is expressly agreed that the Contract represents the entire
the execution of the Contract, declaration pages for each agreement of the parties and that all previous understandings
policy of insurance, other than a policy for commercial are herein merged in the Contract. No modification of the
general liability insurance, and upon demand, a true and Contract shall be valid unless in written form and executed by
certified original copy of each such policy evidencing both parties.
compliance with the aforesaid insurance requirements.
8. Set-Off Rights
e. In the case of commercial general liability insurance
the Contractor shall furnish to the County, prior to the The County shall have all of its common law,equitable,and
execution of the Contract, a declaration page or insuring statutory rights of set-off. These rights shall include,but not
agreement and endorsement page evidencing the County's be limited to,the County's option to withhold from a Fund
status as an additional insured on said policy, and upon Source an amount no greater than any sum due and owing to
demand, a true and certified original copy of such policy the County for any reason. The County shall exercise its set-
evidencing compliance with the aforesaid insurance off rights subject to approval by the County Attorney. In
requirements. cases of set-off pursuant to a Comptroller's audit,the County
shall only exercise such right after the finalization thereof,
f. All evidence of insurance shall provide for the and only after consultation with the County Attorney.
County to be notified in writing thirty(30)days prior to any
cancellation,nonrenewal,or material change in the policy to 9. Non-Discrimination in Services and Employment
which such evidence relates. It shall be the duty of the
Contractor to notify the County immediately of any a. The Contractor shall not, on the grounds of race,
cancellation,nonrenewal,or material change in any insurance creed, color, national origin, sex, age, disability, sexual
policy. orientation,military status,or marital status
g. In the event the Contractor shall fail to provide i.) deny any individual the Services
evidence of insurance,the County may provide the insurance provided pursuant to the Contract;or
required in such manner as the County deems appropriate and ii.) provide the Services to an individual that
deduct the cost thereof from a Fund Source. is different, or provided in a different
manner, from those provided to others
h. If the Contractor is a Municipal Corporation and pursuant to the Contract-,or
has a self-insurance program under which it acts as a self- iii.) subject an individual to segregation or
insurer for any of such required coverage,the Contractor shall separate treatment in any matter related
provide proof, acceptable to the County, of self-funded to the individual's receipt of the Services
coverage. provided pursuant to the Contract;or
iv.) restrict an individual in any way from
5. Independent Contractor any advantage or privilege enjoyed by
others receiving the Services provided
The Contractor is not, and shall never be, considered an pursuant to the Contract;or
employee of the County for any purpose. Notwithstanding v.) treat an individual differently from others
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in determining whether or not the duty to disclose to the County the existence of any such
individual satisfies any eligibility or adverse interests, whether existing or potential. This duty
other requirements or conditions which shall continue as long as the Term.The determination as to
individuals must meet in order to receive whether or when a conflict may potentially exist shall
the Services provided pursuant to the ultimately be made by the County Attorney after full
Contract;or disclosure is obtained.
vi.) discriminate against employees
or applicants for employment. 14. Cooperation on Claims
b. The Contractor shall not utilize criteria or methods The Contractor and the County shall render diligently to each
of administration which have the effect of subjecting other, without compensation, any,and all cooperation that
individuals to discrimination because of their race, creed, may be required to defend the other party,its employees and
color,national origin,sex,age,disability,sexual orientation, designated representatives, against any claim, demand or
military status, or marital status, or have the effect of action that may be brought against the other party, its
substantially impairing the Contract with respect to employees or designated representatives arising out of,or in
individuals of a particular race,creed,color,national origin, connection with,the Contract.
sex, age, disability, sexual orientation, military status, or
marital status,in determining: 15. Confidentiality
i.) the Services to be provided;or Any document of the County,or any document created by the
Contractor and used in rendering the Services, shall remain
the class of individuals to whom, or the the property of the County and shall be kept confidential in
situations in which,the Services will be accordance with applicable laws,rules,and regulations.
provided;or
16. Assignment and Subcontracting
iii.) the class of individuals to be afforded an
opportunity to receive the Services. a. The Contractor shall not delegate its duties under
the Contract,or assign,transfer,convey,subcontract,sublet,
10. Nonsectarian Declaration or otherwise dispose of the Contract,or any of its right,title
or interest therein, or its power to execute the Contract, or
The Services performed under the Contract are secular in assign all or any portion of the moneys that may be due or
nature. No funds received pursuant to the Contract shall be become due hereunder, (collectively referred to in this
used for sectarian purposes or to further the advancement of paragraph 16 as"Assignment"),to any other person,entity or
any religion. The Services will be available to all eligible thing without the prior written consent of the County,and any
individuals regardless of religious belief or affiliation. attempt to do any of the foregoing without such consent shall
be void ab initio.
11. Governing Law
b. Such Assignment shall be subject to all of the
The Contract shall be governed by, and construed in provisions of the Contract and to any other condition the
accordance with,the laws of the State of New York,without County requires. No approval of any Assignment shall be
regard to conflict of laws.Venue shall be designated in the construed as enlarging any obligation ofthe County under the
Supreme Court, Suffolk County, the United States District terms and provisions of the Contract. No Assignment of the
Court for the Eastern District of New York,or,if appropriate, Contract or assumption by any person of any duty of the
a court of inferior jurisdiction in Suffolk County. Contractor under the Contract shall provide for,or otherwise
be construed as, releasing the Contractor from any term or
12. No Waiver provision of the Contract.
It shall not be construed that any failure or forbearance of the 17. Changes to Contractor
County to enforce any provision of the Contract in any
particular instance or instances is a waiver of that provision. a. The Contractor may,from time to time,only with
Such provision shall otherwise remain in full force and effect, the County's written consent,enter into a Permitted Transfer.
notwithstanding any such failure or forbearance. For purposes of the Contract,a Permitted Transfer means:
13. Conflicts of Interest i.) if the Contractor is a partnership, the
withdrawal or change, whether
The Contractor shall not,during the Term,pursue a course of voluntary,involuntary or by operation of
conduct which would cause a reasonable person to believe law, of the partners, or transfer of
that he or she is likely to be engaged in acts that create a partnership interests (other than the
substantial conflict between its obligations under the Contract purchase of partnership interests by
and its private interests. The Contractor is charged with the existing partners,by the partnership itself
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or the immediate family members by to a Permitted Transfer shall be granted, provided that the
reason of gift, sale or devise), or'the transfer does not violate any provision of the Contract, and
dissolution of the partnership without the transferee has not been convicted of a criminal offense as
immediate reconstitution thereof,and described under Article II of Chapter 189 of the Suffolk
County Code. The County shall grant or deny its consent to
if the Contractor is a closely held any request of a Permitted Transfer within twenty(20)days
corporation (i.e. whose stock is not after delivery to the County of the Transfer Notice, in
publicly held and not traded through an accordance with the provisions of Paragraph 27 of Article III
exchange or over the counter): of the Contract. If the County shall not give written notice to
the Contractor denying its consent to such Permitted Transfer-
1.
ransfer1. the dissolution, merger, (and setting forth the basis for such denial in reasonable
consolidation or other detail)within such twenty(20)-day period,then the County
reorganization of the shall be deemed to have granted its consent to such Permitted
Contractor;and Transfer.
2. the sale or other transfer of e. Notwithstanding the County's consent,
twenty percent(20%)or more
of the shares of the Contractor i.) the terms and conditions of the Contract
(other than to existing shall in no way be deemed to have been
shareholders, the corporation waived or modified;and
itself or the immediate family
members of shareholders by ii.) such consent shall not be deemed
reason of gift,sale or devise). consent to any further transfers.
b. If the Contractor is a not-for-profit corporation,a 18. No Intended Third Party Beneficiaries
change of twenty percent (20%) or more of its shares or
members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed a
C. The Contractor shall notify the County in writing, beneficiary of the Contract and no third party shall have the
which notice(the"Transfer Notice")shall include: right to make any claim or assert any right under the Contract.
i.) the proposed effective date of the 19. Certification as to Relationships
Permitted Transfer, which shall not be
less than thirty(30) days nor more than The Contractor certifies under penalties of perjury that to the
one hundred eighty(180)days after the best of its knowledge,other than through the funds provided
date of delivery of the Transfer Notice; in the Contract and other valid agreements with the County,
there is no known spouse,life partner,business,commercial,
a summary of the material terms of the economic, or financial relationship with the County or its
proposed Permitted Transfer; elected officials. The Contractor also certifies to the best of
its knowledge that there is no relationship within the third
the name and address of the proposed degree of consanguinity,between the Contractor, any of its
transferee; partners, members, directors, or shareholders owning five
(5%)percent or more of the Contractor,and the County. The
iv.) such information reasonably required by foregoing certification shall not apply to a contractor that is a
the County, which will enable the municipal corporation or a government entity
County to determine the financial 20. Publications
responsibility, character, and reputation
of the proposed transferee,nature of the Any book,article,report,or other publication related to the
proposed assignee/transferee's business Services provided pursuant to this Contract shall contain the
and experience; following statement in clear and legible print:
V.) all executed forms required pursuant to "This publication is fully or partially funded
Article IV of the Contract, that are by the County of Suffolk."
required to be submitted by the
Contractor;and 21. Copyrights and Patents
vi.) such other information as the County a. Copyrights
may reasonably require.
Any and all materials generated by or on behalf of the
d. The County agrees that any request for its consent Contractor while performing the Services(including,without
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ARTICLE III
n � y
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limitation,designs,images,video,reports,analyses,manuals, not in default to the County as surety.
films,tests,tutorials,and any other work product of any kind)
and all intellectual property rights relating thereto ("Work
Product") are and shall be the sole property of the County.
The Contractor hereby assigns to the County its entire right,
title and interest,if any,to all Work Product,and agrees to do 23. Lawful Hiring of Employees Law in Connection with
all acts and execute all documents,and to use its best efforts Contracts for Construction or Future Construction
to ensure that its employees, consultants, subcontractors,
vendors and agents do all acts and execute any documents, In the event that the Contract is subject to the Lawful Hiring
necessary to vest ownership in the County of any and all of Employees Law of the County of Suffolk,Suffolk County
Work Product. The Contractor may not secure copyright Code Article II of Chapter 353,as more fully set forth in the
protection. The County reserves to itself,and the Contractor Article entitled"Suffolk County Legislative Requirements,"
hereby gives to the County, and to any other person the Contractor shall maintain the documentation mandated to
designated by the County, consent to produce, reproduce, be kept by this law on the construction site at all times.
publish,translate,display or otherwise use the Work Product. Employee sign-in sheets and register/log books shall be kept
This paragraph shall survive any completion, expiration or on the construction site at all times and all covered
termination of this Contract. employees, as defined in the law, shall be required to sign
such sign-in sheets/register/log books to indicate their
The County shall be deemed to be the author of all the Work presence on the construction site during such working hours.
Product. The Contractor acknowledges that all Work Product
shall constitute "work made for hire" under the U.S. 24. Certification Regarding Lobbying
copyright laws. To the extent that any Work Product does not
constitute a "work made for hire," the Contractor hereby Together with this Contract and as a condition precedent to
assigns to the County all right,title and interest,including the its execution by the County, the Contractor shall have
right, title and interest to reproduce, edit, adapt, modify or executed and delivered to the County the Certification
otherwise use the Work Product, that the Contractor may Regarding Lobbying (if payment under this Contract may
have or may hereafter acquire in the Work Product,including exceed $100,000) as required by Federal regulations, and
all intellectual property rights therein, in any manner or shall promptly advise the County of any material change in
medium throughout the world in perpetuity without any of the information reported on such Certification, and
compensation. This includes,but is not limited to,the right shall otherwise comply with, and shall assist the County in
to reproduce and distribute the Work Product in electronic or complying with, said regulations as now in effect or as
optical media,or in CD-ROM,on-line or similar format. amended during the term of this Contract.
b. Patents 25. Record Retention
If the Contractor develops, invents, designs or creates any The Contractor shall retain all accounts,books,records,and
idea, concept, code, processes or other work or materials other documents relevant to the Contract for seven(7)years
during the Term, or as a result of any Services performed after final payment is made by the County. Federal, State,
under the Contract("patent eligible subject matter"),it shall and/or County auditors and any persons duly authorized by
be the sole property of the County. The Contractor hereby the County shall have full access and the right to examine any
assigns to the County its entire right,title and interest,if any, of said materials during said period. Such access is granted
to all patent eligible subject matter,and agrees to do all acts notwithstanding any exemption from disclosure that may be
and execute all documents, and to use its best efforts to claimed for those records which are subject to nondisclosure
ensure that its employees, consultants, subcontractors, agreements, trade secrets and commercial information or
vendors and agents do all acts and execute any documents, financial information that is privileged or confidential
necessary to vest ownership in the County of any and all Without limiting the generality of the foregoing, records
patent eligible subject matter. The Contractor may not apply directly related to contract expenditures shall be kept for a
for or secure for itself patent protection. The County reserves period of ten(10)years because the statute of limitations for
to itself,and the Contractor hereby gives to the County,and the New York False Claims Act(New York False Claims Act
to any other person designated by the County, consent to § 192)is ten(10)years.
produce or otherwise use any item so discovered and/or the
right to secure a patent for the discovery or invention. This 26. Contract Agency Performance Measures and Reporting
paragraph shall survive any completion, expiration or Requirements—Local Law No.41-2013
termination of this Contract.
a. If payment under this Contract may exceed
22. Arrears to County $50,000,it is subject to the requirements of Suffolk County
Local Law No. 41-2013, a Local Law to Implement
Contractor warrants that, except as may otherwise be Performance Measurement to Increase Accountability and
authorized by agreement, it is not in arrears to the County Enhance Service Delivery by Contract Agencies(Article VIII
upon any debt,contract,or any other lawful obligation,and is of Chapter 189 of the Suffolk County Code) as set forth in
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Article ,IV entitled "Suffolk County Legislative
Requirements."
b. The Contractor shall cooperate with the Department
in all aspects necessary to help carry out the requirements of
the Law. Based on criteria established by the Contractor in
conjunction with the Department,the Contractor shall submit
monthly reports regarding the Contractor's performance
relative to the established criteria, on dates and times as
specified by the Department,as more fully set forth in Article
I and Article IV of this Contract.
C. The Contractor shall submit an annual report to the
Department regarding the Contractor's performance no later
than July 31 of each year of the Term.All performance data
and reports will be subject to audit by the Comptroller.
27. Notice
Unless otherwise expressly provided, all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular first class mail and certified mail, or personally
delivered during business hours as follows: 1.) to the
Contractor at the address on page 1 of the Contract and 2.)to
the County at the Department,or as to either of the foregoing,
to such other address as the addressee shall have indicated by
prior written notice to the addressor. All notices received by
the Contractor relating to a legal claim shall be immediately
sent to the Department and also to the County Attorney at H.
Lee Dennison Building, 100 Veterans Memorial Highway,
P.O.Box 6100,(Sixth Floor),Hauppauge,New York,11788-
0099.
End of Text for Article III
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LIVING WAGE CERTIFICATIONMECLARATION-
Article IV SUBJECT TO AUDIT."
Suffolk County Legislative Requirements
3. Use of County Resources to Interfere with Collective
NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Bargaining Activities
REQUIREMENTS FORMS REFERENCED HEREIN ARE It shall be the duty of the Contractor to read,become familiar
AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON with, and comply with the requirements of Article I of
THE SIGNATURE PAGE OF THIS CONTRACT. Chapter 803 of the Suffolk County Code.
1. Contractor's/Vendor's Public Disclosure Statement County Contractors (as defined by section 803-2) shall
comply with all requirements of Chapter 803 of the Suffolk
It shall be the duty of the Contractor to read,become familiar County Code,including the following prohibitions:
with, and comply with the requirements of section A5-8 of
Article V of the Suffolk County Code. � a. The Contractor shall not use County funds to assist,
promote,or deter union organizing.
Unless certified by an officer of the Contractor as being
exempt from the requirements of section A5-8 of Article V of b. No County funds shall be used to reimburse the
the Suffolk County Code, the Contractor represents and Contractor for any costs incurred to assist,promote,
warrants that it has filed with the Comptroller the verified or deter union organizing.
public disclosure statement required by Suffolk County
Administrative Code Article V,section A5-8 and shall file an C. No employer shall use County property to hold a
update of such statement with the Comptroller on or before meeting with employees or supervisors if the
the 31st day of January in each year of the Contract's purpose of such meeting is to assist, promote, or
duration. The Contractor acknowledges that such filing is a deter union organizing.
material,contractual and statutory duty and that the failure to
file such statement shall constitute a material breach of the If the Services are performed on County property, the
Contract, for which the County shall be entitled, upon a Contractor must adopt a reasonable access agreement, a
determination that such breach has occurred,to damages,in neutrality agreement, fair communication agreement, non-
addition to all other legal remedies,of fifteen percent(15%) intimidation agreement, and a majority authorization card
of the amount of the Contract. agreement.
Required Form: If the Services are for the provision of human services and are
Suffolk County Form SCEX 22; entitled not to be performed on County property,the Contractor must
"Contractor's/Vendor's Public Disclosure Statement" adopt, at the least,a neutrality agreement.
2. Living Wage Law Under the provisions of Chapter 803,the County shall have
the authority,under appropriate circumstances,to terminate
the Contract and to seek other remedies as set forth therein,
It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Chapter 575,of for violations of this Law.
the Suffolk County Code. Required Form:
This Contract is subject to the Living Wage Law of the Suffolk County Labor Law Form DOL-LO 1;entitled"Suffolk
County of Suffolk. The law requires that, unless specific County Department of Labor—Labor Mediation Unit Union
exemptions apply, all employers(as defined)under service Organizing Certification/Declaration-Subject to Audit."
contracts and recipients of County financial assistance, (as
defined) shall provide payment of a minimum wage to 4. Lawful Hiring of Employees Law
employees as set forth in the Living Wage Law. Such rate
shall be adjusted annually pursuant to the terms of the Suffolk It shall be the duty of the Contractor to read,become familiar
County Living Wage Law of the County of Suffolk. Under with, and comply with the requirements of Article II of
the provisions of the Living Wage Law,the County shall have Chapter 353 of the Suffolk County Code.
the authority,under appropriate circumstances,to terminate
the Contract and to seek other remedies as set forth therein, This Contract is subject to the Lawful Hiring of Employees
for violations of this Law. Law of the County of Suffolk. It provides that all covered
employers, (as defined),and the owners thereof,as the case
Required Forms: may be,that are recipients of compensation from the County
through any grant, loan, subsidy, funding, appropriation,
Suffolk County Living Wage Form DOL-LW1/38(Revised payment, tax incentive, contract, subcontract, license
8/2017)entitled"SUFFOLK COUNTY DEPARTMENT OF agreement,lease or other financial compensation agreement
LABOR,LICENSING&CONSUMER AFFAIRS—NOTICE issued by the County or an awarding agency, where such
OF APPLICATION FOR COUNTY COMPENSATION- compensation is one hundred percent(100%)funded by the
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County, shall submit a completed sworn affidavit (under "SUFFOLK COUNTY DEPARTMENT OF LABOR,
penalty of perjury),the form of which is attached,certifying LICENSING, & CONSUMER AFFAIRS —NOTICE OF
that they have complied,in good faith,with the requirements APPLICATION TO CERTIFY COMPLIANCE WITH
of Title 8 of the United States Code Section 1324a with FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH
respect to the hiring of covered employees(as defined)and RESPECT TO LAWFUL HIRING OF EMPLOYEES,
with respect to the alien and nationality status of the owners Suffolk County Code,Chapter 353 (2006)"DOL-LHE 1 /2
thereof. The affidavit shall be executed by an authorized (REVISED 8/2017).
representative of the covered employer or owner,as the case
may be;shall be part of any executed contract,subcontract, 5. Gratuities
license agreement, lease or other financial compensation
agreement with the County; and shall be made available to It shall be the duty of the Contractor to read,become familiar
the public upon request. with,and comply with the requirements of Chapter 664 ofthe
Suffolk County Code.
All contractors and subcontractors (as defined) of covered
employers, and the owners thereof,as the case may be,that The Contractor represents and warrants that it has not offered
are assigned to perform work in connection with a County or given any gratuity to any official,employee or agent of the
contract, subcontract, license agreement, lease or other County or the State or of any political party,with the purpose
financial compensation agreement issued by the County or or intent of securing an agreement or securing favorable
awarding agency,where such compensation is one hundred treatment with respect to the awarding or amending of an
percent (100%) funded by the County, shall submit to the agreement or the making of any determinations with respect
covered employer a completed sworn affidavit(under penalty to the performance of an agreement.
of perjury),the form of which is attached,certifying that they
have complied,in good faith,with the requirements of Title 8 6. Prohibition Against Contracting with Corporations
of the United States Code Section 1324a with respect to the that Reincorporate Overseas
hiring of covered employees and with respect to the alien and
nationality status of the owners thereof,as the case may be. It shall be the duty of the Contractor to read,become familiar
The affidavit shall be executed by an authorized with, and comply with the requirements of sections A4-13
representative of the contractor,subcontractor,or owner,as and A4-14 of Article IV of the Suffolk County Code.
the case may be; shall be part of any executed contract,
subcontract, license agreement, lease or other financial The Contractor represents that it is in compliance with
compensation agreement between the covered employer and sections A4-13 and A4-14 of Article IV of the Suffolk
the County;and shall be made available to the public upon County Code. Such law provides that no contract for
request. consulting services or goods and services shall be awarded by
the County to a business previously incorporated within the
An updated affidavit shall be submitted by each such U.S.A.that has reincorporated outside the U.S.A.
employer,owner,,contractor and subcontractor no later than
January 1 of each year for the duration of any contract and 7 Child Sexual Abuse Reporting Policy
upon the renewal or amendment of the Contract, and
whenever a new contractor or subcontractor is hired under the It shall be the duty of the Contractor to read,become familiar
terms of the Contract. with, and comply with the requirements of Article II of
The Contractor acknowledges that such filings are a material, Chapter 880 of the Suffolk County Code.
contractual and statutory duty and that the failure to file any The Contractor shall comply with Article II of Chapter 880,
such statement shall constitute a material breach of the of the Suffolk County Code, entitled"Child Sexual Abuse
Contract. Reporting p g Polic y,"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 11 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
Required Forms: guilty after a trial or a plea of guilty to an offense covered
under section 189-5 of the Suffolk County Code under
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"Nonresponsible Bidder." prohibited from selling or otherwise providing to any third
party,in any manner whatsoever,the personal or identifying
9. Use of Funds in Prosecution of Civil Actions information of any minor participating in their programs.
Prohibited
13. Contract Agency Performance Measures and
It shall be the duty of the Contractor to read,become familiar Reporting Requirements
with, and comply with the requirements of Article III of
Chapter 893 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Suffolk County
The Contractor shall not use any of the moneys,in part or in Local Law No. 41-2013, a Charter Law to Implement
whole, and either directly or indirectly, received under the Performance Measurement to Increase Accountability and
Contract in connection with the prosecution of any civil Enhance Service Delivery by Contract Agencies(Article VIII
action against the County in any jurisdiction or any judicial or of Chapter 189 of the Suffolk County.Code)as more fully set
administrative forum. forth in Article I and Article III of this Contract.
10. Youth Sports All contract agencies having a contract in excess of$50,000
shall cooperate with the contract's administering department
It shall be the duty of the Contractor to read,become familiar to identify the key performance measures related to the
with, and comply with Article III of Chapter 730 of the objectives of the services that the contract agency provides
Suffolk County Code. and shall develop an annual performance reporting plan.The
contract agency shall cooperate with the'administering
All contract agencies that conduct youth sports programs are department and the County Executive's Performance
required to develop and maintain a written plan or policy Management Team to establish appropriate performance
addressing incidents of possible or actual concussion or other indicators and targets for monthly evaluation of the contract
head injuries among sports program participants.Such plan or agency's performance.
policy must be submitted prior to the award of a County
contract,grant or funding. Receipt of such plan or policy by 14. Suffolk County Local Laws Website Address
the County does not represent approval or endorsement of
any such plan or policy,nor shall the County be subject to Suffolk County Local Laws, Rules and Regulations can be
any liability in connection with any such plan or policy. accessed on the homepage of the Suffolk County Legislature.
11. Work Experience Participation
If the Contractor is a not-for-profit or governmental agency or 15. Suffolk County Code of Ethics
institution,each of the Contractor's locations in the County at
wAs required by Suffolk County Standard Operating Procedure
which the Services are provided shall be a work site for
public-assistance clients of Suffolk County pursuant to A-06, the following is a link to the Suffolk County Ethics
Booklet,which contains the provisions of the Suffolk County
Chapter 281 of the Suffolk County Code at all times during
the Term of the Contract. If no Memorandum of Code of Ethics:
Understanding("MOU")with the Suffolk County Department
of Labor for work experience is in effect at the beginning of https://suffolkcountvnv.gov/Portals/O/formsdocs/Boardofethic
the Term of the Contract, the Contractor, if it is a not-for- s/Code%20ofD/o20Ethics%20Booklet%20-
profit or governmental agency or institution,shall enter into %20New%20Revised%20May%202017.pdf
such MOU as soon as possible after the execution of the
Contract and failure to enter into or to perform in accordance
with such MOU shall be deemed to be a failure to perform in
accordance with the Contract, for which the County may End of Text for Article IV
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 form(s)required by County or the Suffolk County
General Fiscal Terms and Conditions Department of Audit and Control, shall be
furnished to the County pursuant to,and as limited
1. General Payment Terms by,the Regulations for Accounting Procedures for
l Contract Agencies of the Suffolk County
a. Presentation of Suffolk County Payment Department of Audit and Control. In addition to
Voucher any other remedies that the County may have,
failure to supply the required documentation will
In order for payment to be made by the County to disqualify the Contractor from any further County
the Contractor for the Services,the Contractor shall contracts.
prepare and present a Suffolk County Payment C. Payment by County
Voucher,which shall be documented by sufficient,
competent and evidential matter. Each Suffolk Payment by the County shall be made within thirty
County Payment Voucher submitted for payment is (30) days after approval of the Suffolk County
subject to Audit at any time during the Term or any Payment Voucher by the Comptroller.
extension thereof. This provision shall survive
expiration or termination of this Contract for a d. Budget Modification
period of not less than seven(7)years,and access
to records shall be as set forth in paragraph 25 of i.) The parties shall use the Contract Budget
Article III,and paragraph 4(b)of Article V. Modification Request form ("Budget
b. Voucher Documentation Modification") for revisions to the
Budget and Services not involving an
The Suffolk County Payment Voucher shall list all increase to the total cost of the Contract.
information regarding the Services and other items If the Contractor is seeking such a
for which expenditures have been or will be made modification, the Contractor shall
in accordance with the Contract. Either upon contact the Department to receive the
execution of the Contract(for the Services already form and enter the required information.
rendered and expenditures already made), or not When the County and the Contractor
more than thirty(30) days after the expenditures agree as to such revisions,the Contractor
were made, and in no event after the 315' day of shall sign the Budget Modification form
January following the end of each year of the and return it to the County for execution
Contract,the Contractor shall furnish the County along with any other documentation the
with detailed documentation in support of the Department may require.
payment for the Services or expenditures under the
Contract e.g. dates of the Service, worksite ii.) Such request must be made in advance of
locations,activities,hours worked,pay rates and all incurring any expenditure for which the
program Budget categories. The Suffolk County revision is needed.
Payment Voucher shall include time records,
certified by the Contractor as true and accurate,of iii.) Upon complete execution of the Budget
all personnel for whom expenditures are claimed Modification form, the County shall
during the period. Time and attendance records of return a copy to the Contractor. The
a Contractor's Director/Executive Director shall be revision shall not be effective until the
certified by the Chairperson, President or other Budget Modification is completely
designated member of the Board of Directors of the executed.
Contractor and shall be maintained by the
Contractor for audit. All Suffolk County Payment iv.) The Budget Modification form may be
Vouchers must bear a signature as that term is submitted only twice per calendar year
defined pursuant to New York State General and may only be submitted prior to
November 151hof that year.
Construction Law§46 by duly authorized persons,
and certification of such authorization with
certified specimen signatures thereon must be filed e. Budget and/or Services Revisions
with the County by a Contractor official
i.) The parties shall use the Contract
empowered to sign the Contract.
Budget/Services Revision Approval
Disbursements made by the Contractor in
accordance with the Contract and submitted for Form (Budget/Services Revisions) for
reimbursement must be documented and must revisions to the Budget and Services
comply with accounting procedures as set forth by involving any change to the total cost
the Suffolk County Department of Audit and the Contract due to a resolution of the
Control. Documentation, including any other Legislature, changes to the County's
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adopted annual budget,or for any other under which such reimbursement shall
reason necessitating revisions to the be paid.
Budget or Services.
C. The County may, during the Term, impose a
When the County and the Contractor Budget Deficiency Plan. In the event that a Budget
agree as to such revisions, the Deficiency Plan is imposed, the County shall
Department will enter the information promptly notify the Contractor in writing of the
into the Budget/Services Revisions form terms and conditions thereof, which shall be
and send it to the Contractor for deemed incorporated in and made a part of the
signature.The Contractor shall return it Contract,and the Contractor shall implement those
to the County for execution along with terms and conditions in no less than fourteen(14)
any other documentation the Department days.
may require.
3. Personnel Salaries, Pension and Employee Benefit
iii.) Upon complete execution of the form by Plans,Rules and Procedures
the parties, the County shall return a
copy to the Contractor. The revision a. Upon request, the Contractor shall submit to the
shall not be effective until the Budget County a current copy,certified by the Contractor
/Services Revisions Form is completely as true and accurate,of its
executed.
i.) salary scale for all positions listed in the
f. Taxes Budget;
The charges payable to the Contractor under the personnel rules and procedures;
Contract are exclusive of federal, state, and local
taxes,the County being a municipality exempt from iii.) pension plan and any other employee
payment of such taxes. benefit plans or arrangements.
g. Final Voucher b. The Contractor shall not be entitled to
reimbursement for costs under any pension or
The acceptance by the Contractor of payment of all benefit plan the Comptroller deems commercially
billings made on the final approved Suffolk County unreasonable.
Payment Voucher shall operate as and shall be a
release of the County from all claims by the C. Notwithstanding anything in this paragraph 3 of
Contractor through the date of the Voucher. this Article V,the County shall not be limited in
requesting such additional financial information it
2. Subject to Appropriation of Funds deems reasonable.
a. The Contract is subject to the amount of funds 4. Accounting Procedures
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature, a. The Contractor shall maintain accounts, books,
and no liability shall be incurred by the County records, documents, other evidence, and accounting
beyond the amount of funds appropriated each . procedures and practices which sufficiently and
fiscal year by the County Legislature for the properly reflect all direct and indirect costs of any
Services. nature expended in the performance of the Contract,in
accordance with generally accepted accounting
b. If the County fails to receive Federal or State funds principles and with rules, regulations and financial
originally intended to pay for the Services, or to directives, as may be promulgated by the Suffolk
reimburse the County, in whole or in part, for County Department of Audit and Control and the
payments made for the Services,the County shall Department. The Contractor shall permit inspection
have the sole and exclusive right to: and audit of such accounts,books,records,documents
and other evidence by the Department and the Suffolk
i.) determine how to pay for the Services; County Comptroller,or their representatives,as often
as, in their judgment, such inspection is deemed
ii.) determine future payments to the necessary. Such right of inspection and audit as set
Contractor;and forth in subparagraph b. below shall exist during the
Term and for a period of seven (7) years after
iii.) determine what amounts, if any, are expiration or termination of the Contract.
reimbursable to the County by the
Contractor and the terms and conditions
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b. The Contractor shall retain all accounts, books, operations of the Contractor,including a balance sheet
records, and other documents relevant to the Contract and statement of income and expenses,attested by the
for seven(7)years after final payment is made by the Auditor as fairly and accurately reflecting the
County. Federal, State, and/or County auditors and accounting records of the Contractor in accordance
any persons duly authorized by the County shall have with generally accepted accounting principles. The
full access and the right to examine any of said audited financial statements including respective
materials during said period. Such access is granted Management Letters must be emailed to the Executive
notwithstanding any exemption from disclosure that Director of Auditing Services at
may be claimed for those records which are subject to Audits(ftuffolkcountvny.gov within thirty (30) days
nondisclosure agreements, trade secrets and after completion of the audit,but in no event later than
commercial information or financial information that is nine(9)months after the end of the Contractor's fiscal
privileged or confidential. year,to which the audit relates. The Contractor may
solicit requests for proposals from a number of
C. The Contractor shall utilize the accrual basis of qualified accounting firms and review carefully the
accounting and will submit all financial reports and costs of,and qualifications for,this type of work before
claims based on this method of accounting during the selecting the Auditor.
Term.
b. The Auditor should be required to meet the following
5. Audit of Financial Statements minimum requirements:
a. All payments made under the Contract are subject i.) a current license issued by the New York
to audit by the Comptroller pursuant to Article V of State Education Department;
the Suffolk County Charter. The Contractor further ii.) sufficient auditing experience in the not-
agrees that the Comptroller and the Department for-profit,governmental or profit-making
shall have access to and the right to examine,audit, areas,as applicable;and
excerpt, copy or transcribe any pertinent
transactions or other records relating to services iii.) a satisfactory peer review issued within
under the Contract. If such an audit discloses not more than three(3)years prior to the
overpayments by the County to the Contractor, date when the Auditor was selected to
within thirty (30) days after the issuance of an conduct the audit.
official audit report by the Comptroller or his duly C. The audit must be conducted in accordance with
designated representatives, the Contractor shall generally accepted governmental auditing standards.
repay the amount of such overpayment by check to Financial statements must clearly differentiate between
the order of the Suffolk County Comptroller or County-funded programs and other programs that the
shall submit a proposed plan of repayment to the Contractor may be operating. The use of subsidiary
Comptroller. If there is no response, or if schedules should be encouraged for this purpose. The
satisfactory repayments are not made,the County Auditor must also prepare a Management Letter based
may recoup overpayments from any amounts due or on the audit.
becoming due to the Contractor from the County
under the Contract or otherwise. d. "Subrecipients"—Federally Funded Programs and
Grants
b. The provisions'of this paragraph shall survive the
expiration or termination of the Contract for a i.) In the event the Contractor is a"Subrecipient"as
period of seven (7) years, and access to records that term is defined in 2 CFR § 200.93 and the
shall be as set forth in paragraph 25 of Article III, Contractor expends seven hundred fifty thousand
and paragraph 4(b)of Article V. ($750,000.00)dollars or more of Federal moneys,
6. Financial Statements and Audit Requirements whether as a recipient expending awards received
directly from Federal awarding agencies or as a
a. Notwithstanding any other reporting or certification Contractor expending Federal awards received
requirements of Federal,State,or local authorities,the from a pass-through entity such as New York State
Contractor shall obtain the services of an independent and/or Suffolk County, during any fiscal year
licensed public accountant or certified public within which it receives funding under the
accountant (the "Auditor") to audit its financial Contract,the audit referred to under this paragraph
statements for each Contractor's"fiscal year"in which 6 must be conducted and any the audit report must
the Contractor has received, or will receive, three be in accordance with OMB Uniform Grant
hundred thousand($300,000.00)dollars or more from Guidance — 2 CFR Part 200 ("Single Audit
the County, whether under the Contract or other Report"). Single Audit Reports must also be
agreements with the County,and shall submit a report uploaded to the Federal Audit Clearinghouse, to
to the County on the overall financial condition and the extent required by the OMB Uniform Grant
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Guidance referred to above. In addition,the Single f. The requirements set forth in this paragraph 6 shall not
Audit Report, respective financial statements and preclude the authorized representatives of the County,
any Management Letters must be submitted to the the Comptroller, or Federal or State entities from
Department set forth-on page one of this Contract conducting any other duly authorized audit(s) of
and emailed to the Executive Director of Auditing records and financial statements of the Contractor. The
Services at Contractor shall make such records and financial
subrecipientm on itoring( suffolkcountyny.gov statements available to authorized representatives of
within thirty (30) days after completion of the Federal,State and County government for that purpose.
audit, but in no event later than nine (9) months
after the end of the Contractor's fiscal year, to g. The provisions of this paragraph 6 shall survive the
which the audit relates. expiration or termination of the Contract.
ii.) In the event the Contractor is a"Subrecipient"as 7. Furniture,Fixtures,Equipment,Materials,Supplies
that term is defined in 2 CFR § 200.93 and the
Contractor expends less than seven hundred fifty a, Purchases, Rentals or Leases Requiring Prior
thousand($750,000.00)dollars of Federal moneys, Approval
whether as a recipient expending awards received
directly from Federal awarding agencies or as a Prior to placing any order to purchase,rent or lease
Contractor expending Federal awards received any furniture, fixtures, or equipment valued in
from a pass-through entity such as New York State excess of one thousand dollars($1,000.00)per unit
and/or Suffolk County, during any fiscal year the for which the Contractor will seek reimbursement
Contractor must email a certified Exemption Letter, from the County,the Contractor shall submit to the
the form of which shall be provided by the County a written request for approval to make such
Department,on the Contractor's Letterhead and a a proposed purchase, rental or lease, with a list
Schedule of Federal Funds Expended to the showing the quantity and description of each item,
respective County Department and the Executive its intended location and use,estimated unit price
Director of Auditing Services at or cost, and estimated total cost of the proposed
subrecipientmonitoringasuffolkcoun v.gov order. Written approval of the County shall be
within thirty (30) days of the end of the required before the Contractor may proceed with
Contractor's fiscal year. The Schedule of Federal such proposed purchase, rental or lease of
Funds Expended must include all Federal funding furniture, fixtures or equipment. All items
received directly from the Federal government and purchased must be new or like new unless
all Federal funds passed through from the County specifically described otherwise in the Budget.
and other pass-through entities.
b. Purchase Practices/Proprietary Interest of
iii.) Subrecipients may include,but not necessarily be County
limited to, not-for-profit organizations; units of
state government or a unit of local governments. i.) The Contractor shall follow the general
practices that are designed to obtain
e. Copies of any other audit reports including oversight furniture,fixtures,equipment,materials,
agency audits must be submitted to the Department set or supplies at the most reasonable price
forth on page one of this Contract and emailed to the or cost possible.
Executive Director of Auditing Services at
Auditsna suffolkcountyny.gov within thirty (30) days ii.) The County reserves the right to
after completion of the audit(s). purchase or obtain furniture, fixtures,
equipment,materials,or supplies for the
Contractor in accordance with the
programmatic needs of the Contract. If
the County exercises this right, the
amount budgeted for the items so
purchased or obtained by the County for
the Contractor shall not be available to
the Contractor for any purpose
whatsoever. Title to any such items
purchased or otherwise obtained by the
County for the programs encompassed
by the Contract and entrusted to the
Contractor,shall remain in the County.
iii.) The County shall retain a proprietary
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interest in all furniture, removable e. Protection of Property in Contractor's Custody
fixtures, equipment, materials, and
supplies purchased or obtained by the The Contractor shall maintain vigilance and take all
Contractor and paid for or reimbursed to reasonable precautions to protect the furniture,
the Contractor pursuant to the terms of fixtures, equipment, material or supplies in its
the Contract or any prior agreement custody against damage or loss by fire, burglary,
between the parties. theft, disappearance,vandalism, or misuse. In the
event of burglary, theft, vandalism, or
iv.) The Contractor shall attach labels disappearance of any item of furniture, fixtures,
indicating the County's proprietary equipment, material or supplies, the Contractor
interest or title in all such property. shall immediately notify the police and make a
record thereof,including a record of the results of
any investigation which may be made thereon. In
C. County's Right to Take Title and Possession the event of loss of or damage to any-item of
furniture, fixtures, equipment, materials, or
Upon the termination onexpiration of the Contract supplies from any cause, the Contractor shall
or any renewal thereof,the discontinuance of the immediately send the County a detailed written
business of the Contractor, the failure of the report thereon.
Contractor to comply with the terms of the
Contract, the bankruptcy of the Contractor, an f. Disposition of Property in Contractor's Custody
assignment for the benefit of its creditors, or the
failure of the Contractor to satisfy any judgment Upon termination of the County's funding of any
against it within thirty (30) days of filing of the of the Services covered by the Contract, or at any
judgment,the County shall have the right to take other time that the County may direct, the
title to and possession of all furniture,removable Contractor shall make access available and render
fixtures,equipment,materials,and supplies and the all necessary assistance for physical removal by the
same shall thereupon become the property of the County or its designee of any or all furniture,
County without any claim for reimbursement on the removable fixtures, equipment, materials or
part of the Contractor. supplies in the Contractor's custody in which the
County has a proprietary interest, in the same
d. Inventory Records,Controls and Reports condition as such property was received by the
Contractor, reasonable wear and tear excepted.
The Contractor shall maintain proper and accurate Any disposition, settlements or adjustments
inventory records and controls for all such connected with such property shall be in
furniture, removable fixtures and equipment accordance with the rules and regulations of the
acquired pursuant to the Contract and all prior County and the State of New York.
agreements between the parties,if any. Three(3)
months before the expiration date of the Contract, 8, Lease or Rental Agreements
the Contractor shall make a physical count of all
items of furniture, removable fixtures and If lease payments or rental costs are included in the Budget as
equipment in its custody, checking each item an item of expense reimbursable by the County, the
against the aforesaid inventory records. A report Contractor shall promptly submit to the County, upon
setting forth the results of such physical count shall request, any lease or rental agreement. If during the Term,
be prepared by the Contractor on a form or forms the Contractor shall enter into a lease or rental agreement,or
designated by the County,certified and signed by shall renew a lease or rental agreement,the Contractor shall,
an authorized official of the Contractor,and one(1) prior to the execution thereof, submit such lease or rental
copy thereof shall be delivered to the County agreement,to the County for approval.
within five (5) days after the date set for the
aforesaid physical count. Within five(5)days after 9. Statement of Other Contracts
the termination or expiration date of the Contract,
the Contractor shall submit to the County six(6) Prior to the execution of the Contract, the Contractor shall
copies of the same report updated to such date of submit a Statement of Other Contracts to the County. If the
the Contract,certified and signed by an authorized Contract is amended during the Term, or if the County
official of the Contractor,based on a physical count exercises its option right,the Contractor shall submit a then
of all items of furniture, removable fixtures and current Statement of Other Contracts.
equipment on the aforesaid expiration date, and
revised, if necessary, to include any inventory
changes during the last three (3) months of the 10. Miscellaneous Fiscal Terms and Conditions
Term.
a. Limit of County's Obligations
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The maximum amount to be paid by the County is programs funded by the County.
set forth on the first page of the Contract.
f. Payments Contingent upon State/Federal
b. Duplicate Payment from Other Sources Funding
Payment by the County for the Services shall not Payments under the Contract may be subject to and
duplicate payment received by the Contractor from contingent upon continued funding by State and/or
any other source. Federal agencies. In the event payments are subject
to such funding no payment shall be made until the
C. l Funding Identification Contractor submits documentation in the manner
and form as shall be required by State and/or
The Contractor shall promptly submit to the Federal agency. If late submission of claims
County upon request, a schedule for all programs precludes the County from claiming State or
funded by the County, itemizing for each such Federal reimbursement, such late claims by the
program the sums received, their source and the Contractor shall not be paid by the County subject
total program budget. to subparagraph g. below, if, for any reason, the
full amount of such funding is not made available
d. Outside Funding. for Non-County Funded to the County,the Contract may be terminated in
Activities whole or in part, or the amount payable to the
Contractor may be reduced at the discretion of the
Notwithstanding the foregoing provisions of the County, provided that any such termination or
Contract, it is the intent of the County that the reduction shall not' apply to allowable costs
terms and conditions of the Contract shall not limit incurred by the Contractor prior to such
the Contractor from applying for and accepting termination or reduction,and provided that money
outside grant awards or from providing additional has been appropriated for payment of such costs.
educational activities/services which may result in g. Denial of Aid
the Contractor incurring additional costs,as long as
the following conditions are met: If a State or Federal government agency is funding
the Contract and fails to approve aid in
i.) The County is not the Fund Source for reimbursement to the County for payments made
the additional services; hereunder by the County to the Contractor for
expenditures made during the Term because of any
Sufficient funding is available for or can act, omission or negligence on the part of the
be generated by the Contractor to cover Contractor, then the County may deduct and
the cost incurred by the Contractor to withhold from any payment due to the Contractor
provide these additional services;and an amount equal to the reimbursement denied by
If sufficient funding is not available or the state or federal government agency, and the
cannot be generated, the County shall County's obligation to the Contractor shall be
not be held liable for any of the reduced by any such amounts. In such an event,if
additional costs incurred by the there should be a balance due to the County after it
Contractor in furnishing such additional has made a final payment to the Contractor under
services. the Contract, on demand by the County, the
Contractor shall reimburse the County for the
iv.) Prior to scheduling any such additional amount of the balance due the County,payable to
services on County-owned property,the the Suffolk County Comptroller.The provisions of
Contractor shall obtain written County this subparagraph shall survive the expiration or
approval. The Contractor shall, to the termination of the Contract.
County's satisfaction, submit any
documentation requested by the h. Budget
Department reflecting the change, and
identify the additional services to be The Contractor expressly represents and agrees that
provided and the source of funding that the' Budget lists all revenue, expenditures,
shall be utilized to cover the personnel,personnel costs and/or all other relevant
expenditures incurred by the Contractor costs necessary to provide the Services.
in undertaking the additional services.
i. Payment of Claims
e. Potential Revenue
Upon receipt of a Suffolk County Payment
The Contractor shall actively seek and take Voucher,the County,at its discretion,may pay the
reasonable steps to secure all potential funding Contractor during the Term,in advance,an amount
from grants and contracts with other agencies for
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not to exceed one sixth (1/6) of the maximum the date of execution of the Contract or as may
amount to be paid by the County set forth on the thereafter become vacant, and, in the exercise of
first page of the Contract. that right.The County may promulgate reasonable
regulations involving filling of vacancies which
j. Payments Limited to Actual Net Expenditures shall be deemed to be incorporated by reference in,
and be made part of, the Contract, provided,
The Contractor agrees that if, for any reason however,that subject to the availability of funding,
whatsoever,the Contractor shall spend during the approval for the hiring of replacement clerical shall
Term for the purposes set forth in the Contract an be a Contractor determination.
amount less than, or receive amounts more than,
provided in the Budget, the total cost of the
Contract shall be reduced to the net amount of o. No Limitation On Rights
actual Contractor expenditures made for such
purposes. The total amount to be paid by the Notwithstanding anything in this Article V to the
County shall not exceed the lesser of(i)actual net contrary,the County shall have available to it all
expenditures or(ii)the total cost of the Contract on rights and remedies under the Contract and at law
the cover page and in the Budget. Upon and equity.
termination or expiration of the Contract, if the
Contractor's total amount of allowable expenses is P. Comptroller's Rules and Regulations
less than the total amount of the payments made
during the Term, the Contractor shall prepare a The Contractor shall comply with the
check payable to the Suffolk County Comptroller "Comptroller's Rules and Regulations for
for the difference between the two amounts and Consultant's Agreements" as promulgated by the
submit such payment to the County,along with the Department of Audit and Control of Suffolk
final Suffolk County Payment Voucher. County and any amendments thereto during the
Term of the Contract. The"Comptroller's Rules
k. Travel, Conference, and Meeting Attendance: and Regulations for Consultant's Agreements"and
SOP A-07 Amendment 1 "SOP A-07 Amendment 1"may be viewed online
at the County's website,SuffolkCountyny.gov;go
Reimbursement to the Contractor for travel costs to "Government," then "Comptroller," then
shall not exceed amounts allowed to County "Consultant's Agreements."
employees. All conferences that are partially or
fully funded by the County that the Contractor's
staff wishes to attend must be pre-approved, in End of Text for Article V
writing,by the County and must be in compliance
with Suffolk County Standard Operating Procedure
A-07 which may be viewed online at the County's
website, SuffolkCountyny.gov; go to
"Government," then "Comptroller," then
"Consultant's Agreements."
1. Salaries
The Contractor shall not be eligible to receive any
salary reimbursement until proof of deposit or
payment of all withholding and payroll taxes to the
Federal/State governments has been provided to the
County.
In. Salary Increases
No salary, wage, or other compensation for the
Services shall be increased over the amount stated
in the Budget without the prior written approval of
the County.
n. Contractor Vacancies
The County shall have the right of prior approval of
the Contractor's filling of any vacant position as of
38 of 39 pages
ARTICLE V
s
6 q
Rev. 11/14/2022 Law No. IFMS No. 00000013669
Southold CSE RR 001-6777/JKD1-4980-95285
Article VI
Budget
Town of Southold
CSE Residential Repair Program
January 1, 2023 - December 31, 2023
PERSONNEL $25,600
Residential Repair Workers 23,300
Frinize 2,300
OTHER $4,404
Gas & Oil 2,500
Supplies/Small tools 1,904
TOT AL3$ 0,004
Less Anticipated Income ($2,000)
NET REIMBURSEMENT2$ 8,004
r
39 of 39 pages
ARTICLE VI
(Z"s on
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:v
Rev. 11/14/2022 Law No. IFMS No. 00000013669
Southold CSE RR 001-6777/JKDi-4980-95285
Article VI
Budget
Town of Southold
CSE Residential Repair Program
January 1,2023-December 31,2023
PERSONNEL $25,645
Residential Repair Workers 23,823
Fringe 1,822
OTHER $4,359
Gas & Oil 2,500
Supplies/Small tools 1,859
TOTAL $30,004
Less Anticipated Income ($2,000)
NET REIMBURSEMENT2$ 8,004
39 of 39 pages
ARTICLE VI