HomeMy WebLinkAboutSC Office for the Aging - AAA Transportation Program staff I/(
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: Melissa M Mirabelli
Secretary to the Town Attorney
Date: May 22, 2023
Subject: Agreement between Town of Southold Office for the Aging
AAA Transportation Program 1/1/2023-12/31/2023
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.
/mmm
Enclosures
cc: Accounting
5UFF0(,
a RESOLUTION 2023-398
ADOPTED DOC ID: 19097
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-398 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 25,2023:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the
Suffolk County Office for the Aging for the Town to receive funding under the AAA
Transportation Program, IFMS No. 00000013672 - 001-6806-4980-95294, not to exceed
$10,020.00 for the period January 1, 2023 through December 31, 2023,with option, to be
exercised at the County's discretion,to June 30, 2024 on same terms and conditions, subject to
the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Greg Doroski, Councilman
AYES: Nappa, Doroski,Mealy, Doherty, Evans, Russell
Rev. 11/14/2022 Law No.c"3-A& - 03 IFMS No. 00000013672
Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294
Southold AAA Transportation 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 100
Veterans Memorial Highway,P.O.Bog 6100,Hauppauge,New York 11788-0099; and
Town of Southold ("the Contractor"), a New York municipal corporation, having an address at
53095 Main Road,P.O.Box 1179,Southold,New York 11971.
The Contractor has been designated to receive funds from the County for an AAA Transportation Program
("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.
Service Levels: 1,100 Units of Transportation Service
100 Elderly Served
Total Cost of the Contract: Shall not exceed$10,020.00,to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through VI,attached hereto and made a part hereof.
In Witness Whereof,the parties hereto have executed the Contract as f the 1 t date written below.
Town of Southold County of Suff k
By: �,rx�"
Scott X.Russell By:
Supervisor ILisa M. Black
Fed. Taxpayer ID#: 11-6001939 Chief Deputy Cou ty Executive
Date � Date
SC C3i t � �I hereby Approved:
certifies under penalties of perjury that I am an officer of Department
that I have read and I am familiar with§A5-8 of Holly S. odes-Teague
Article V of the Suffolk County Code,and that Director,Office for the Aging
n11 n �L�4ld Date �
meets all requir ents t alify for exemption
thereunder.
Name11 1������ '
1 m
,Date Recomed:-
By:
Approved as to Form: - Michelle Dennis M.-cz I $(p W n Food lle lle BBV' -S!upe isor
�Suffol on ttorney Date
By:
Liliana CaneOMagarin
AssistantCountyAttorney
Date 5-,�`3 oa 111111111111111111
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Rev. 11/14/2022 Law No. a3'-A& - 03; j IFMS No. 00000013672
Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294
Southold AAA Transportation 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 100
Veterans Memorial Highway,P.O. Box 6100,Hauppauge, New York 11788-0099; and
Town of Southold ("the Contractor"), a New York municipal corporation, having an address at
53095 Main Road, P.O. Box 1179, Southold,New York 11971.
The Contractor has been designated to receive funds from the County for an AAA Transportation Program
("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.
Service Levels: 1,100 Units of Transportation Service
100 Elderly Served
Total Cost of the Contract: Shall not exceed$10,020.00, to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through VI,attached hereto and made a part hereof.
In Witness Whereof, the parties hereto have executed the Contract as of the 1 t date written below.
Town of Southold County of Suff k
By:
Scott X. Russell By:
Supervisor Lisa M. Black
Fed. Taxpayer ID#: 11-6001939 Chief Deputy Co u ty Executive
Date
I //�� T � Date
SCCAA A • IRusse � hereby Approved:
certifies under penalties of perjury that I am an officer of Department
Towr\ o j Sa4hd [d , By: C
that I have read and I am familiar with§A5-8 of Holly S. odes-Teague
Article V of the Suffolk County Code,and that Director, Office for the Aging
Town Ol +ho Id Date
meets all requirements t alify for exemption
thereunder. �a��--��
Name44 4 Date Recomm ed:�
By:
Approved as to Form: Michelle Belsky
Dennis M.-Gelea-8(0 W n Food Servip0upeisor
1A5Su' a
uttorney Date
By: Z
Liliana Cane agarin
Assistant County Attorney
Date 0076373
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_Line Item/Omnibus-Grant—AAA Transportation 001-6806-4980-95294
List of Articles
Article I
Description of Services
1. Conflicting Provisions
2. Services
3. Contract Agency Performance Measures and Reporting Requirements - Local Law No. 41-2023
4. SuffolkSTAT
Article 1A
Grievance Procedure
Article II
Definitions
1. Meanings of Terms
2. Elements of Interpretation
Article III
General Terms and Conditions
1. Contractor Responsibilities
a. Duties and Obligations
b. Qualifications, Licenses, and Professional Standards
c. Notifications
d. ' Documentation of Professional Standards
e. Credentialing
f. Engineering Certificate
2. Termination
a. Thirty Days Termination
b. Event of Default; Termination on Notice
c. Termination Notice
d. Duties upon Termination
3. Indemnification and Defense
4. Insurance
5. Independent Contractor
6. Severability
7. Merger;No Oral Changes
8. Set-Off Rights
9. Non-Discrimination in Services and Employment
10. Nonsectarian Declaration
11. Governing Law
12.No Waiver
13. Conflicts of Interest
14. Cooperation on Claims
15. Confidentiality
16. Assignment and Subcontracting
17. Changes to Contractor
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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
3. Personnel Salaries, Pension and Employee Benefit Plans,Rules and Procedures
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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
Town of Southold
AAA Transportation Program
Whereas,the Contractor has been identified in the 2023 Suffolk County Adopted Budget under the funding as listed
on page one (1) of the Contract to perform the Services for the Department; and
Whereas,the AAA Transportation Program expands essential transportation activities for the elderly by providing
assistance in meeting the transportation operating expenses related to serving the elderly, as required by the IIIC
Nutrition Program for the Elderly or other similar programs; and
Whereas,the enhancement of transportation services is considered to be in the best interest of the County and the
elderly residents of Suffolk County, and ensures the best possible outcome.
Now therefore,in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto agree
as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Goals of the Program
The Contractor shall provide the following transportation services:
The Contractor may provide transportation other than to and from the nutrition sites on an as needed basis.
This may include,but is not limited to,transportation to medical appointments,shopping,activities for
socialization and other such activities scheduled as part of the Contractor's regular transportation program
activities or by appointment. All transportation services shall be furnished using licensed drivers and
insured and inspected vans and automobiles.
3. General Program Terms and Conditions
In general, but without limitation, the Contractor shall be required to meet the criteria listed below:
a. Have,and maintain throughout the term of this Contract,an existing agreement to provide a service
or services for the elderly in Suffolk County.
b. Have an owned or contract vehicle available for the Services,either through purchase agreement or
lease agreement.
4. Administration
a. Overall administration of this program will be the responsibility of the Contractor. The Contractor
will ensure proper implementation and direction of the services, act as liaison between the
Department and the actual service,and ensure accuracy and timeliness of submission of all reporting
forms and expenditures.
b. Program staff shall attend meetings and training as requested by the Department.
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5. Contractor's Staff
a. The Contractor agrees to employ adequate numbers of qualified staff and supervisory personnel to
meet all the specifications and responsibilities of the program in an orderly,punctual and reliable
manner and to assure the health,safety,and welfare of participants. A full-time manager/supervisor
will direct and coordinate the daily operations. All meetings and trainings required by the County
are to be attended by the appropriate staff. The Contractor will have on file with the Department the
procedures to be followed by workers and other staff in case of emergency.
b. The County shall have the right to prior approval of the filling of any AAA Transportation Coordinator
and shall be advised by the Contractor of the duties and compensation of all personnel assigned to the
AAA Transportation Program.
C. The provisions of this paragraph five(5)are in addition to the provisions of Article V,paragraph ten
(10), subparagraph n.
6. Coordination
The Contractor must coordinate the delivery of services with other providers and organizations to provide
the most suitable outcomes and minimize duplication of effort. In order to accomplish this,the Contractor
will undertake activities such as,but not limited to,participation in inter-agency meetings,coordination of
referrals and follow-ups with other local service providers,entering into agreements with other organizations
for joint efforts and/or funding,centralized assessment and maintaining up-to-date resource materials both
within and outside the Contractor's organization.
7. Targeting and Outreach
a. The Contractor,to the extent it has discretion regarding to whom it will provide services,must give
preference to providing services to those unserved and underserved older adults in greatest social or
economic need, particularly those who are low-income, low-income minorities, older adults with
limited English proficiency,Native Americans, and frail/persons with disabilities and older adults
residing in rural areas in accordance with their need for such services,and to meet specific objectives
established by the Department for providing services to the above groups within the PSA 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 and NYS applicable
regulations,including the following laws:the Older Americans Act(OAA),Title III of the Code of
Federal Regulations, 45 CFR 1321; the NYS Elder Law and relevant NYS regulations (Title 9,
Subtitle Y of the New York State Code of Rules and Regulations);the Contractor's targeting goal is
to substantially increase the numbers of older adults from targeted population'groups(minority,low-
income, frail, vulnerable).
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C. The following target groups have been identified as having the greatest economic and social needs:
minority, low-income, frail and vulnerable.
i. Minority-persons of Black,Hispanic,Asian,Native American(American Indian),Alaska
Native,Native Hawaiian or Other Pacific Islander origins. Persons whose origins are of Two
(2) or More Races or who are identified as being in a racial category different from those
above (other than white) may be included (see the Other Race or Two (2) or More Races
categories, defined below).
a) Black-refers to a person who has origins in any of the Black racial groups of Africa.
This includes, for example, persons who self-report as Black, African American,
Kenyan,Nigerian, Haitian or other applicable identification.
b) Hispanic (or Latino) -refers to a person of Cuban,Mexican,Puerto Rican, South or
Central American, or other Spanish culture or origin regardless of race. Hispanic
origin can be viewed as the heritage,nationality group,lineage,or country of birth of
the person or the person's parents or ancestors before their arrival in the United
States. People who identify their origin as Hispanic,Latino, or Spanish may be any
race.
c) Asian-refers to a person having origins in any of the original peoples of the Far East,
Southeast Asia,or the Indian subcontinent,including,but not limited to,Cambodia,
China,India,Japan,Korea,Malaysia,Pakistan,the Philippine Islands,Thailand,and
Vietnam.
d) American Indian or Alaska Native-= refers to a person having origins in any of the
original peoples of North and South America(including Central America) and who
maintains tribal affiliation or community attachment. This category includes people
who indicated their race(s) as"American Indian or Alaska Native"or reported their
enrolled or principal tribe,such as Navaj o,Blackfeet,Inupiat,Yup'ik,and/or Central
American or South American Indian groups.
e) Native Hawaiian or Other Pacific Islander-refers to a person having origins in any of
the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
f) Other Race or Two (2) or More Races - this category includes persons who self-
identify as multiracial, mixed, interracial, or a racial category other than white, not
included in the descriptions above.
ii. Low—Income -Persons with incomes at or below 150% of the poverty level.
iii. Frail—Persons with one (1) or morefunctional deficits in the following areas:
a) Physical functions;
b) Mental functions;
C) Activities of daily living (eating, bed/chair transfer, dressing,bathing,toiletry and
continence); and/or,
d) Instrumental activities of daily living (meal preparation,housekeeping, shopping,
medications,telephone,travel, and money management).
Disabled—Any person who has a physical or mental impairment which substantially limits
one (1) or more major life activities, has a record of such impairment, or is regarded as
having such impairment. This includes alcoholism and drug addiction.
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iv. Vulnerable — Persons with a deficit of social resources, those who are isolated socially,
linguistically or geographically, and/or those affected by other environmental conditions
including the following:
a) Language barriers; Limited English Proficiency - Individuals who do not speak
English as their primary language and who have a limited ability to read, write,
speak, or understand English may be limited English proficient, and may be eligible
to receive language assistance with respect to a particular type of service,benefit,or
encounter;
b) Rural residence;
C) Persons with disabilities;
d) Institutionalized or at risk of institutionalization;
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 provide maximum accessibility to those older adults in greatest economic or
social need,and new sites shall be free from architectural barriers that limit participation of disabled
older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1) and Section 504 of the
Rehabilitation Act of 1973). Accessibility requirements include provision of services and assistive
devices(including assistive technology services and devices) designed to meet the unique needs of
older individuals who are disabled,and of older individuals who provide uncompensated care to their
adult children with disabilities. Providers must ensure that communications with individuals with
disabilities are as effective as communications with others (ADA, 28 CFR 35.160-35.164). For
example, auxiliary aids and services may include:
• For individuals who are deaf or hard of hearing: qualified interpreters,note takers,computer-
aided transcription services, written materials, telephone handset amplifiers, assistive
listening systems, telephones compatible with hearing aids, closed caption decoders, open
and closed captioning, telecommunications devices for deaf persons (TDDs), videotext
displays, and exchange of written notes.
• For individuals with vision impairments: qualified readers, taped texts, audio recordings,
Brailed materials, large print materials, and assistance in locating.items.
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• For individuals with speech impairments: TDDs, computer terminals, speech synthesizers,
and communication boards.
C. Additionally,consistent with the Civil Rights Act of 1964,Title VI,the Title VI regulations,federal
Executive Order 13166, and the NYS Human Rights Law, all subcontractors are required by law to
take reasonable steps to provide meaningful access to limited English proficient persons. All aging
services providers are obligated to provide reasonable,timely,and appropriate language assistance to
the limited English proficiency (LEP) populations each serves.
Mandated Action:
The Contractor shall, at a minimum, maintain a telephonic interpretation service contract or similar
community arrangement with a language interpretation services provider of their choice no later than
ninety(90)days after the effective date of this contract. The Contractor's staff for this program with
public contact must be aware of, and trained in the timely and appropriate use of, these language
services. The Contractor shall also ensure that LEP persons are informed of the availability of
language assistance, free of charge, by providing written notice in languages LEP persons will
understand at service locations.
9. Reporting Requirements
a. Monthly Reports
Monthly reports must be submitted to the Department on a form prescribed by the Department.
Monthly reports are due to the Department by the eighth(8t')day of the month following the month
being reported. These reports shall contain,at a minimum,the following categories of information:
i. Units of service: one (1)unit is equal to each(1) one-way trip per person.
ii. The number of individuals who have received transportation by the Contractor under this
Transportation Program Contract.
iii. A monthly activity schedule showing the specific transportation services the Contractor will
make available to the congregate participants that require transportation.
iv. Mileage recordings.
b. Electronic Reporting
i. The Contractor shall maintain electronic records on all program participants using the most
currently approved form provided by the Department and compliant with State and Federal
reporting requirements. Data for all participants must be updated monthly.
ii. In order to comply with electronic reporting requirements,the Contractor must have adequate
computer equipment and software available to support the approved form.
iii. Transportation units and unduplicated number of persons served must be entered
electronically in Peer Place or in subsequent County approved computer systems. All
participant data must be entered completely by the eighth (8th) of each month for the
previous months' data.
10. Incident Reporting
The Contractor will report at least verbally to the Department,within twenty-four(24)hours any incidents
involving all instances of claims,costs,damages,and injuries to persons or property of whatsoever kind arising
out of services provided under this Contract. A written follow-up of such incidents shall be sent to the
Department within five(5)days of the occurrence. The Contractor further agrees to send the Department copies
of all"notices of claim"relating to the program covered in this Contract.
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11. Confidentiality
a. The Contractor agrees that no personal information obtained from an individual in conjunction with this
program shall be disclosed in a form in which it is identified with the individual without such individual's
written consent to such disclosure,except to the Department.
b. In the case of a request by the Department for names and addresses of individuals participating in the
program, the Contractor shall furnish such information as requested. Failure to comply with a
request by the Department for such information shall be deemed a material breach of this Contract
and shall result in a freeze_ on all monies due and owing to the Contractor until compliance by the
Contractor.
12. Promotions and Advertisements
a. Any references to transportation services provided under this Contract must include due recognition to
New York State Office for the Aging. The Contractor must include the express acknowledgement as
follows:
"This service has been provided with financial assistance, in whole or in part through a grant from
the New York State Office for the Aging."
b. The provisions of this paragraph shall prevail over any conflicting provisions of Article III,
paragraph 20.
13. Contributions
The Contractor agrees to inform each recipient of the service of the opportunity to make a completely
voluntary and anonymous contribution toward the cost of the service. Service may not be denied,however,
if a person is unable or unwilling to make a contribution. The Contractor must maintain an audit trail of all
incoming contributions and make monthly reports of any contributions received. Monthly contributions will
be deducted from monthly expenditures to arrive at net reimbursement. All contributions must be used to
enhance services. All printed materials used for the program must include the sources of funding for the
program and must include the following information:
Contributions to this (these) service(s) are completely voluntary and anonymous. Services will not
be denied because of inability or unwillingness to contribute. Any contribution you wish to make
will be used to expand the program and will be greatly appreciated.
14. Participant Comments & Satisfaction Surveys
Pursuant to the NYS Office for the Aging Regulations Section 6654.8, the Contractor shall develop and
implement procedures to obtain the views of program participants about the services they receive.Copies of
records of such views shall be maintained for at least five (5)program years and shall be available to the
Department for inspection upon request. Such method shall respect the client's right to confidentiality. In
any event, at the conclusion of the service,but not less often than annually,the Contractor shall send each
recipient an evaluation letter and survey in the form approved by the Department,informing him/her of the
sources of funding for the program and including the following information:
Contributions are welcomed and are used to expand this service.
15. Monitoring
a. Program
The Contractor agrees to permit the Department's staff and staff of the New York State Office for the
Aging to review programmatic records at any time.
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b. Fiscal
As required,the Department's fiscal staff,may examine or review evidence regarding the existence,time
and classification of financial transactions, which are charged to the program for reimbursement. To
obtain this evidence,the fiscal staffwill examine documentary evidence including financial verification by
actually observing or counting certain assets (e.g. case, food inventory, equipment and supplies) to
establish their physical existence.
16. Grievance Procedures
In accordance with §306 (a) (10) of the Older Americans Act, as amended (OAA), the Department has
established a process for resolving complaints from older persons who are dissatisfied with or denied
services funded under Title III of the Act. The Contractor shall comply with the requirements of the
Grievance Procedures as set forth in Article IA.
17. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013
a. If payment under this Contract may exceed $50,000, it is subject to the requirements of Suffolk
County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to
Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of
Chapter 189 of the Suffolk County Code)as set forth in Article IV of this Contract entitled"Suffolk
County Legislative Requirements."
b. The Contractor shall cooperate with the Department in all aspects necessary to carry out the
requirements of Local Law No. 41-2013.
18. SuffolkSTAT
Beginning in the second month of the Contract Term for contracts subject to Suffolk County Local Law No.
41-2013, the Contractor shall submit monthly actual performance data, also known as key performance
indicators ("KPIs") for the prior month's data, and analysis of the Contract performance measures via the
County's SuffolkSTAT application by linking onto http://suffolkstat.suffolkcountyny.gov.
There are no KPI's reported for this contract now.
End of Text for Article I
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Contractor's Proposal &
Response for Equal Access & Targeting
AAA Transportation
End of Article I
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Southold AAA Southold 23.doc
ARTICLE I
JACQUELINE MARTINEZ ®vafi ll Nutrition Program
Senior Citizens Program Home Delivered Meals
Director �® �� Case Management
Town of Southold Essential Transportation
750 Pacific Street
® Shopping Assistance Program
P.O.Box 85 Senior Adult Day CareKat /
Mattituck,NY 11952 Telephone
House
e
Tel.(631)298-4460 � � �� Tlepphone Reassurance
Fax(631)298-4462 �� Residential Repair
J, 0/'�cAe
SOUTHO>L,D TOWN
AAA Transportation Services
Program Narrative 1/1/23— 12/31/23
Southold Town Senior Services provides both regular route and demand responsive
transportation services to senior residents of Southold Town. Given the rural nature of
our area coupled with the lack of other reliable, efficient and affordable transportation
alternatives, seniors are often isolated and unable to access services vital to their
continued independence, health and well-being. Southold Town Senior Services is
proposing to continue our current program for demand responsive transportation
services for both medical escort assistance and other essential services. For the 4/1/22-
12/31/22 program year, Southold Town Senior Services provided 711 one-way
passenger trips for senior consumers.
Under normal circumstances Southold Town Senior Services provides medical
transportation throughout Suffolk County and does not restrict travel within town
boundaries.Although COVID restrictions have been lifted,we are currently providing
transportation within the Townships of Southold and Riverhead. This modification is a
result of precautions to avoid prolonged contact during extended travel times and will
be adjusted as indicated. We are currently in the process of filling a part time Mini Bus
Driver position. In addition, we will be adding another adjustable track seating van to
our fleet in 2023. These additions will allow us to supplement our existing program by
allocating additional hours of service to improve availability. ,Passengers and staff are
no longer required to wear masks during travel, but masks are made available for
anyone wanting to wear one. Typically, appointments are scheduled months in
advance on a first come first serve basis. We do request that seniors not exceed 3 visits
a month so that there is sufficient availability for all seniors requesting our service.
AAA Transportation funding will be applied to cover a designated portion of our
overall service. The Senior Citizens Program Director will oversee implementation of
the program and program staff.The Senior Citizens Bus Supervisor will be responsible
for all scheduling and direct supervision of transportation staff.
Equal Access to Services and Targeting Plan:
The population of aged 60+residents in Southold Town is approximately 32.23%
according to 2010 census data. Targeting and expanded outreach efforts will continue
to be a major priority for the upcoming year. In following guidelines set forth under
the Older Americans Act, Southold Town Senior Services continues our commitment
to our goal of providing transportation services to underserved and/or minority elderly
residents. According to the 2010 U.S. Census, 3.47%of the elderly residents in
Southold Town are minority. Our percentage of minority seniors served was 3.92 %
which exceeded our targeting goal of 3.47%. For the 4/1/22-12/31/22 program year our
unduplicated transportation service was provided to 51 seniors which was slightly
below the projected 60. Again, COVID 19 concerns along the implementation of our
Shopping Assistance Program had a direct impact on our program. For the 1/1/23-
12/31/23 program year, our goal is to serve 1,100 units of service to 100 unduplicated
seniors. Please note, satisfaction surveys are completed annually and all participants
are provided an opportunity to make a voluntary and anonymous contribution.
We are hoping to increase visibility and improve access to the four target groups
which have the greatest economic and social needs. These groups include minorities,
low income, frail and vulnerable persons aged 60 and older.Targeted groups for
improved service will also include those with Limited English Proficiency (LEP),
lesbian, gay, bisexual, and transgender(LGBT) older adults.Ensuring equal access to
language services for all is a high priority and is achieved through a contract 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 Town
entered into a supplemental contract for language interpretation services called
Language Line Solutions.Staff will ensure that those with limited English
proficiency (LEP) are informed of the availability of FREE language interpretation
assistance by providing written notice in languages the LEP person will understand
at service locations. In addition,signs are posted at the entrance of our senior
center that highlight 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.
We have increased visibility and expanded access to our services through existing
print outreach, i.e.,brochures,newspapers, senior center menus and activity
calendars. In addition, we are featured in Eastern Long Island Hospital's Seniors
Options and Solutions Program newsletter which enjoys town wide distribution.The
website for Town of Southold www.southoldtownny.gov is a great resource and all
activities,program announcements and updates are posted weekly. Important links for
programs and services and related forms can be easily accessed. We continue our
coordination efforts with Community Action Southold Town Inc. (CAST)to
encourage seniors to fully utilize senior programs, including transportation, and
specifically target and prioritize the low income and low-income minority populations
they serve. We have also established working relationships with Long Island Cares as
a satellite food distribution site and North Fork Parish outreach.These agencies are
also very involved with frail, low income and low-income minority elderly. Lastly,
local physicians' offices have been instrumental in providing valuable outreach on our
services through referrals and direct scheduling with our office.
Southold Town Senior Services is partnered with Family Service League of Suffolk
County NORC Program. The goal of the NORC, LI Sound Senior Care, is to improve
the quality of life for geographically isolated seniors in Greenport West and Greenport
Village.Our continued partnership provides us with greater collaboration ,
opportunities and direct access to the low-income minority elderly in this geographic
area.
In 2011,we initiated a working relationship with the SAGE organization to increase a
shared awareness of available activities and services to the LGBT community and we
continue to provide our senior community with their current information and outreach
events.
In 2015, Southold Senior Services began our partnership with the Nassau-Suffolk
Hospital Council and became a host site for the Consumer Assistance for the Aged,
Certified Blind and Certified Disabled Program. An Application Assistance Navigator
is on site one day monthly to help qualified individuals apply for health insurance
coverage specific to their needs. In addition, seniors with disabilities will continue to be
provided referral and/or access to various services by Southold Town and ABD staff.
These services include answering ADA compliance questions/complaints and
assistance in applying for SCAT or other medical transportation services.
Additional outreach efforts include:
• Program highlighted in the Town-wide newsletter and quarterly recreation
bulletin that is mailed to all households, brochures distributed in town to
pharmacies, medical offices, physical therapy offices and libraries.
• Referrals from Caseworkers for the homebound meals-on-wheels participants
• Information provided to local service agencies, community health care
providers and hospitals.
• Word of mouth from satisfied seniors.
• Featured in the Suffolk Times in articles, columns and editorials.
• Church Bulletins.
• Featured on Southold Town Government Cablevision Channel 22.
• Announcements at the local senior meetings and monthly caregivers' group.
• In contract with WLNG Radio to provide frequent and regular PSA's on senior
programs offered.
• Outreach efforts will include staffed informational tables at hamlet post offices
and grocery stores to reach more seniors.
• Continue to work with Southold Police Department in identifying and referring
isolated, frail and vulnerable seniors at risk to our services.
• Community speaking engagements to local civic groups, churches and
community organizations.
® Co-location of NORC Program at the Senior Center's Community Outreach
Office along with other community agencies.
Our ongoing partnership with Suffolk County Office for the Aging allows us to further
our shared mission to assist seniors to be as independent as possible and remain at
home and in their community.
Rev. 11/14/2022 Law No. IFMS No. 00000013672
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Article 1A
Grievance Procedures
I. Purpose 1
A. In accordance with § 306(a)(10) of the Older Americans Act, as amended(OAA),_Suffolk County
Office for the Aging has established the following process for resolving the complaints from older
persons who are dissatisfied with or denied services.
II. Notifying Participants of Right to File Grievance
A. The Contractor shall notify participants and applicants of their right to file a grievance, as
follows:
1) A summary of the procedures,including a statement that assistance to file shall be provided
to older persons, must be prominently posted at service delivery sites or offices at which
participants and service applicants apply for services. Summaries shall also be written in
languages other than English where needed to serve the client/applicant population.
2) In-home services participants shall be informed of the grievance procedures through written
and verbal statements provided to them upon assessment and/or reassessment for services.
B. Denial'of Service. Any participant or applicant who is denied services must be given the reasons for
the denial. For housekeeping, homemaker, home delivered meals, case management, and other
services for which written applications are made, the denial shall be confirmed in writing and the
applicant informed of the right to file a grievance and of the individual to whom the grievance shall
be addressed. For congregate meals,transportation,recreation,and other services which are applied
for by telephone or verbally in person,the client may be told of the right to file a grievance verbally.
III. Grievance Process
A. Filing of Grievance
1) Participants must submit their grievances in writing to the person(s)that has been designated by a
service provider to conduct the initial review. The reviewer may be the director of the service
provider agency, or any other person designated by such director who is not familiar with or
otherwise involved in the particular grievance.
2) The grievance should be filled within thirty(3 0)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.
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ARTICLE I
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3) The grievance should be filed on the enclosed form,which shall include a written statement setting
forth in detail the date, time, and circumstances that are the basis of the complaint.
B. Investigation and Response to Grievance
1) The designated reviewer who performs the initial review shall investigate the grievance. If
appropriate,this may include meeting with the grievant and/or other persons involved in the action(s)
complained of or in the denial of services. The reviewer shall review all pertinent facts and/or
documents, and shall determine whether the complained-of agency action or determination was
consistent with applicable federal and State laws, regulations, and policies.
2) The designated reviewer shall prepare and send a written response to the grievant within fifteen(15)
days after the grievance is filled. The response shall set forth the circumstances relating to the
grievance, the action requested by the grievant, the findings of the reviewer, a proposed remedial
action,if any,and an explanation of the determination,including the facts relied upon. A copy of its
decision must be forwarded to the Director of the Suffolk County Office for the Aging.
3) The designated reviewer shall create and maintain a Complaint File consisting of the grievance form,
all documents and/or information relied upon in making a determination, and the written response
described above.
C. Appeal of Initial Response/Decision. If the complaint has been handled by a service provider agency
under subcontract to the Suffolk County Office for the Aging and the grievant is not satisfied with
the determination reached by such service provider, the grievant has the right to further review as
follows:
1) The grievant may initiate a request for subsequent review by the Suffolk County Office for the Aging
Director, P.O. Box 6100, Hauppauge, New York 11788-0099 within twenty (20) calendar days
following receipt of notification by the service provider agency of its decision.
2) The Suffolk County Office for the Aging Director shall request,and the subcontractor agency shall
provide,copies of the Complaint File. The Suffolk County Office for the Aging Director will review
the materials to ensure that pertinent policies and procedures have been applied and followed. If
appropriate,the Suffolk County Office for the Aging Director or his/her designee will meet with the
grievant to allow for an opportunity to present information about the grievance.
3) If policies and procedures have been adhered to,the Suffolk County Office for the Aging's Director
will not overturn the decision of its subcontractor agency. If proper policies and procedures have not
been applied, the Suffolk County Office for the Aging reserves the right to overturn the decision.
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ARTICLE I
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Rev. 11/14/2022 Law No. IFMS No. 00000013672
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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.
1
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 parry;the written Initial Response of the agency;
and, if applicable,the notice to the grievant of the right to appeal.
V. Confidentiality
No information, documents, or records relating to a grievance shall be disclosed by program staff or
volunteers in a form capable of identifying the grievant without the written informed consent of the grievant
unless the disclosure is required by court order or program monitoring by authorized agencies.
i
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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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ARTICLE I
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Please state, if you know, what relief you are seeking:
Signed:
Name (print):
Date:
Address:
Phone Number:
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ARTICLE 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, or in
presented. connection with,any contract with the County;or
"Budget"means the Contractor's summary or plan of all h. the Contractor's failure to submit, or failure to
intended revenue,whether received in the form of fees,grants,County timely submit,documentation to obtain Federal or
funding,or any other source,and expenditures necessary to render the State funds;or
Services.
i. the inability of the County or the Contractor to
"Budget Deficiency Plan" means an analysis of the cost of the obtain Federal or State funds due to any act or
Services,changes in fiscal conditions,and required modifications to the omission of the Contractor;or
Contract to continue to render the Services.
j. any condition that the County determines, in its
"Comptroller"means the Comptroller of the County of Suffolk. sole discretion,is dangerous.
"Contract"means all terms and conditions of this Contract forming all k• the failure to comply with Local Law 41-2013 and
rights and obligations of the Contractor and the County. related contractual requirements.
"Contractor"means the signatory corporation, its officers, officials, "Federal"means the United States government, its departments, and
employees, agents, servants, sub-contractors, volunteers, and any agencies.
successor or assign of any one or more of the foregoing performing the
Services., "Fringe Benefits"means non-wage benefits which accompany,or are
in addition to, a person's salary, such as paid insurance, sick leave,
"County"means the County of Suffolk,its departments,and agencies. profit-sharing plans,paid holidays,and vacations.
"County Attorney" means the County Attorney of the County of "Fund Source" means any direct or indirect sum payable to the
Suffolk. Contractor by the County pursuant to any lawful obligation.
"Department"means the signatory department approving the Contract. "Legislature"means the Legislature of the County of Suffolk.
"Engineering Services" means the definition of the practice of "Management Letter" means a letter certified as true by the
engineering and the definition of practice of land surveying,as the case Contractor's certified public accountant or chief financial officer of
may be,under Section 7201 and Section 7203 of the State Education findings and recommendations for improvements in internal fiscal
Law,respectively. control that were identified during an Audit of Financial Statements,but
which were not required to be included in an audit report.
"Event of Default"means
"Municipal Corporation"means a town,village,or school district.
a. the Contractor's failure to perform any duty
required of it under paragraphs 1(b)-(e)of Article "Services"means all that which the Contractor must do,and any part
III the Contract;or thereof arising out of,or in connection with,the Contract as described
in Article I"Description of Services."
b. the Contractor's failure to maintain the amount and
types of insurance with an authorized insurer as "State"means the State of New York.
required by the Contract;or
"Statement of Other Contracts" means a complete list of all other
C. the Contractor's failure to maintain insurance contracts under which money has been or will be paid to the Contractor
required by the Contract with an insurer that has from the County, Federal, or State governments, or a Municipal
designated the New York Superintendent of Corporation, and (i) which are currently in effect or(ii) which have
Insurance as its lawful agent for service of process; expired within the past twelve(12)months and have not been renewed.
or
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ARTICLE II
Rev. 11/14/2022 Law No.
IFMS No. 00000013672
Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294
"Suffolk County Payment Voucher"means the document authorized
and required by the Comptroller for release of payment.
"Term" means the time period set forth on page one of the Contract
and,if exercised by the County,the option period.
2. Elements of Interpretation `
Words of the masculine gender shall mean and include correlative
words of the 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 II
i
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ARTICLE II
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Article III Contract remains to be performed, and the
General Terms and Conditions termination of the license does not affect the
Contractor's ability to render the Services, every
1. Contractor Responsibilities other term and provision of the Contract shall be
valid and enforceable to the fullest extent permitted
a. Duties and Obligations by law.
i.) It shall be the duty of the Contractor to d. Documentation of Professional Standards
discharge, or cause to be discharged, all of its
responsibilities,and to administer funds received in The Contractor shall maintain on file, in one location in
the interest of the County in accordance with the Suffolk County, all records that demonstrate that it has
provisions of the Contract. complied with sub-paragraphs(b)and(c)above. The address
of the location of the aforesaid records and documents shall
ii.) The Contractor shall promptly take all be provided to the County no later than the date of execution
action as may be necessary to render the Services. of the Contract. Such documentation shall be kept,
maintained,and available for inspection by the County upon
iii.) The Contractor shall not take any action twenty-four(24)hours notice.
that is inconsistent with the provisions of the
Contract. e. Credentialing
iv.) Services provided under this Contract i.) In the event that the Department,or any
shall be open to all residents of the County. division thereof,maintains a credentialing process
to qualify the Contractor to render the Services,the
b. Qualifications, Licenses, and Professional Contractor shall complete the required
Standards credentialing process. In the event that any State
credential, registration, certification or license,
The Contractor represents and warrants that it has,and shall Drug Enforcement Agency registration, or
continuously possess,during the Term,the required licensing, Medicare or Medicaid certification is restricted,
education,knowledge,experience,and character necessary to suspended,or temporarily or permanently revoked,
qualify it to render the Services. it is the duty of the Contractor to contact the
Department,or division thereof as the case may be,
The Contractor shall continuously have during the Term all in writing, no later than three(3) days after such
required authorizations, certificates, certifications, restriction,suspension,or revocation.
registrations,licenses,permits,and other approvals required
by Federal, State, County, or local authorities necessary to ii.) The Contractor shall forward to the
qualify it to render the Services. Department,or division thereof as the case may be,
on or before July 1 of each year during the Term,a
C. Notifications complete list of the names and addresses of all
persons providing the Services, as well as their
i.) The Contractor shall immediately notify respective areas of certification, credentialing,
the County, in writing, of any disciplinary registration,and licensing.
proceedings, commenced or pending, with any
authority relating to a license held by any person f. Engineering Certificate
necessary to qualify him,her,or the Contractor to
perform the Services. In the event that the Contract requires any Engineering
Services,the Contractor shall submit to the County,no later
ii.) In the event that a person is no longer than the due date for submission for approval of any
licensed to perform the Services, the Contractor engineering work product, the Certificate of Authorization
must immediately notify the County, but in no ("Certificate"), issued pursuant to § 7210 of the New York
event shall such notification be later than five(5) Education Law,of every person performing any Engineering
days after a license holder has lost the license Services. The failure to file, submit, or maintain the
required to qualify the license holder or the Certificate shall be grounds for rejection of any engineering
Contractor to perform the Services. work product submitted for approval.
iii.) In the event that the Contractor is not 2. Termination
able to perform the Services due to a loss of
license,the Contractor shall not be reimbursed for a. Thirty Days Termination
the Services rendered after the effective date of
termination of such license. Without limiting the The County shall have the right to terminate the Contract
generality of the foregoing, if any part of the without cause,for any reason,at any time,upon such terms
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ARTICLE III
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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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ARTICLE III
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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. I All policies providing such coverage shall be issued 7. Merger;No Oral Changes
by insurance companies authorized to do business in New
York with an A.M.Best rating of A-or better. It is expressly agreed that the Contract represents the entire
agreement of the parties and that all previous understandings
d. The Contractor shall furnish to the County,prior to are herein merged in the Contract. No modification of the
the execution of the Contract, declaration pages for each Contract shall be valid unless in written form and executed by
policy of insurance, other than a policy for commercial both parties.
general liability insurance, and upon demand, a true and
certified original copy of each such policy evidencing 8. Set-Off Rights
compliance with the aforesaid insurance requirements.
The County shall have all of its common law,equitable,and
e. In the case of commercial general liability insurance statutory rights of set-off. These rights shall include,but not
the Contractor shall furnish to the County, prior to the be limited to,the County's option to withhold from a Fund
execution of the Contract, a declaration page or insuring Source an amount no greater than any sum due and owing to
agreement and endorsement page evidencing the County's the County for any reason. The County shall exercise its set-
status as an additional insured on said policy, and upon off rights subject to approval by the County Attorney. In
demand, a rue and certified original copy of such policy cases of set-off pursuant to a Comptroller's audit,the County
evidencing compliance with the aforesaid insurance shall only exercise such right after the finalization thereof,
requirements. and only after consultation with the County Attorney.
E All evidence of insurance shall provide for the 9. Non-Discrimination in Services and Employment
County to be notified in writing thirty(30)days prior to any
cancellation,nonrenewal,or material change in the policy to a. The Contractor shall not, on the grounds of race,
which such evidence relates. It shall be the duty of the creed, color, national origin, sex, age, disability, sexual
Contractor to notify the County immediately of any orientation,military status,or marital status
cancellation,nonrenewal,or material change in any insurance
policy. i.) deny any ; individual the Services
provided pursuant to the Contract;or
g. In the event the Contractor shall fail to provide ii.) provide the Services to an individual that
evidence of insurance,the County may provide the insurance is different, or provided in a different
required in such manner as the County deems appropriate and manner, from those provided to others
deduct the cost thereof from a Fund Source. pursuant to the Contract;or
iii.) subject an individual to segregation or
h. If the Contractor is a Municipal Corporation and separate treatment in any matter related
has a self-insurance program under which it acts as a self- to the individual's receipt of the Services
insurer for any of such required coverage,the Contractor shall provided pursuant to the Contract;or
provide proof, acceptable to the County, of self-funded iv.) restrict an individual in any way from
coverage. any advantage or privilege enjoyed by
others receiving the Services provided
5. Independent Contractor pursuant to the Contract;or
V.) treat an individual differently from others
The Contractor is not, and shall never be, considered an in determining whether or not the
employee of the County for any purpose. Notwithstanding individual satisfies any eligibility or
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other requirements or conditions which shall continue as long as the Term.The determination as to
individuals must meet in order to receive whether or when a conflict may potentially exist shall
the Services provided pursuant to the ultimately be made by the County Attorney after full
Contract;or disclosure is obtained.
vi.) discriminate against employees or
applicants for employment. 14. Cooperation on Claims
b. The Contractor shall not utilize criteria or methods The Contractor and the County shall render diligently to each
of administration which have the effect of subjecting other, without compensation, any and all cooperation that
individuals to discrimination because of their race, creed, may be required to defend the other party,its employees and
color,national origin,sex,age,disability,sexual orientation, designated representatives, against any claim, demand or
military status, or marital status, or have the effect of action that may be brought against the other party, its
substantially impairing the Contract with respect to employees or designated representatives arising out of,or in
individuals of a particular race,creed,color,national origin, connection with,the Contract.
sex, age, disability, sexual orientation, military status, or
marital status,in determining: 15. Confidentiality
i.) the Services to be provided;or Any document of the County,or any document created by the
Contractor and used in rendering the Services,shall remain
ii.) the class of individuals to whom, or the the property of the County and shall be kept confidential in
situations in which,the Services will be accordance with applicable laws,rules,and regulations.
provided;or
16. Assignment and Subcontracting
iii.) the class of individuals to be afforded an
opportunity to receive the Services. a. The Contractor shall not delegate its duties under
the Contract,or assign,transfer,convey,subcontract,sublet,
10. Nonsectarian Declaration or otherwise dispose of the Contract,or any of its right,title
or interest therein, or its power to execute the Contract, or
The Services performed under the Contract are secular in assign all or any portion of the moneys that may be due or
nature. No funds received pursuant to the Contract shall be become due hereunder, (collectively referred to in this
used for sectarian purposes or to further the advancement of paragraph 16 as"Assignment"),to any other person,entity or
any religion. The Services will be available to all eligible thing without the prior written consent of the County,and any
individuals regardless of religious belief or affiliation. attempt to do any of the foregoing without such consent shall
be void ab initio.
11. Governing Law
b. Such Assignment shall be subject to all of the
The Contract shall be governed by, and construed in provisions of the Contract and to any other condition the
accordance with,the laws of the State of New York,without County requires. No approval of any Assignment shall be
regard to conflict of laws.Venue shall be designated in the construed as enlarging any obligation 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
duty to disclose to the County the existence of any such or the immediate family members by
adverse interests, whether existing or potential. This duty reason of gift, sale or devise), or the
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dissolution of the partnership without the transferee has not been convicted of a criminal offense as
immediate reconstitution thereof,and described under Article II of Chapter 189 of the Suffolk
County Code. The County shall grant or deny its consent to
if the Contractor is a closely held any request of a Permitted Transfer within twenty(20)days
corporation (i.e. whose stock is not after delivery to the County of the Transfer Notice, in
publicly held and not traded through an accordance with the provisions of Paragraph 27 of Article III
exchange or over the counter): of the Contract. If the County shall not give written notice to
the Contractor denying its consent to such Permitted Transfer
1. the dissolution, merger, (and setting forth the basis for such denial in reasonable
consolidation or other detail)within such twenty(20)-day period,then the County
reorganization of the shall be deemed to have granted its consent to such Permitted
Contractor; and Transfer.
2. the sale or other transfer of e. Notwithstanding the County's consent,
twenty percent(20%)or more
of the shares of the Contractor i.) the terms and conditions of the Contract
(other than to existing shall in no way be deemed to have been
shareholders, the corporation waived or modified;and
itself or the immediate family
members of shareholders by ii.) such consent shall not be deemed
reason of gift,sale or devise). consent to any further transfers.
b. If the Contractor is a not-for-profit corporation,a 18. No Intended Third Party Beneficiaries
change of twenty percent (20%) or more of its shares or
members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed a
C. The Contractor shall notify the County in writing, beneficiary of the Contract and no third party shall have the
which notice(the"Transfer Notice")shall include: right to make any claim or assert any right under the Contract.
i.) the proposed effective date of the 19. Certification as to Relationships
Permitted Transfer, which shall not be
less than thirty(3 0)days nor more than The Contractor certifies under penalties of perjury that to the
one hundred eighty(180)days after the best of its knowledge,other than through the funds provided
date of delivery of the Transfer Notice; in the Contract and other valid agreements with the County,
there is no known spouse,life partner,business,commercial,
ii.) a summary of the material terms of the economic, or financial relationship with the County or its
proposed Permitted Transfer; elected officials. The Contractor also certifies to the best of
its knowledge that there is no relationship within the third
iii.) Ahe name and address of the proposed degree of consanguinity,between the Contractor,any of its
transferee; partners, members, directors, or shareholders owning five
(5%)percent or more of the Contractor,and the County. The
iv.) such information reasonably required by foregoing certification shall not apply to a contractor that is a
the County, which will enable the municipal corporation or a government entity.
County to determine the financial
responsibility, character, and reputation 20. Publications
of the proposed transferee,nature of the
proposed assignee/transferee's business Any book,article, report,or other publication related to the
and experience; Services provided pursuant to this Contract shall contain the
following statement in clear and legible print:
v.) all executed forms required pursuant to
Article IV of the Contract, that are "This publication is fully or partially funded
required to be submitted by the by the County of Suffolk."
Contractor;and
21. Copyrights and Patents
A.) such other information as the County
may reasonably require. a. Copyrights
d. The County agrees that any request for its consent Any and all materials generated by or on behalf of the
to a Permitted Transfer shall be granted, provided that the Contractor while performing the Services(including,without
transfer does not violate any provision of the Contract,and limitation,designs,images,video,reports,analyses,manuals,
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films,tests,tutorials,and any other work product of any kind)
and all intellectual property rights relating thereto ("Work
Product") are and shall be the sole property of the County.
The Contractor hereby assigns to the County its entire right,
title and interest,if any,to all Work Product,and agrees to do 23. Lawful Hiring of Employees Law in Connection with
411 acts and execute all documents,and to use its best efforts Contracts for Construction or Future Construction
to ensure that its employees, consultants, subcontractors,
vendors and agents do all acts and execute any documents, In the event that the Contract is subject to the Lawful Hiring
necessary to vest ownership in the County of any and all of Employees Law of the County of Suffolk,Suffolk County
Work Product. The Contractor may not secure copyright Code Article II of Chapter 353,as more fully set forth in the
protection. The County reserves to itself,and the Contractor Article entitled"Suffolk County Legislative Requirements,"
hereby gives to the County, and to any other person the Contractor shall maintain the documentation mandated to
designated by the County, consent to produce, reproduce, be kept by this law on the construction site at all times.
publish,translate,display or otherwise use the Work Product. Employee sign-in sheets and register/log books shall be kept
This paragraph shall survive any completion, expiration or on the construction site at all times and all covered
termination of this Contract. employees, as defined in the law, shall be required to sign
such sign-in sheets/register/log books to indicate their
The County shall be deemed to be the author of all the Work presence on the construction site during such working hours.
Product. The Contractor acknowledges that all Work Product
shall constitute "work made for hire" under the U.S. 24. Certification Regarding Lobbying
copyright laws. To the extent that any Work Product does not
constitute a "work made for hire," the Contractor hereby Together with this Contract and as a condition precedent to
assigns to the County all right,title and interest,including the its execution by the County, the Contractor shall have
right, title and interest to reproduce, edit, adapt, modify or executed and delivered to the County the Certification
otherwise use the Work Product, that the Contractor may Regarding Lobbying (if payment under this Contract may
have or may hereafter acquire in the Work Product,including exceed $100,000) as required by Federal regulations, and
all intellectual property rights therein, in any manner or shall promptly advise the County of any material change in
medium throughout the world in perpetuity without any of the information reported on such Certification, and
compensation. This includes,but is not limited to,the right shall otherwise comply with, and shall assist the County in
to reproduce and distribute the Work Product in electronic or complying with, said regulations as now in effect or as
optical media,or in CD-ROM,on-line or similar format. amended during the term of this Contract.
b. Patents 25. Record Retention
If the Contractor develops, invents, designs or creates any The Contractor shall retain all accounts,books,records,and
idea, concept, code, processes or other work or materials other documents relevant to the Contract for seven(7)years
during the Term, or as a result of any Services performed after final payment is made by the County. Federal, State,
under the Contract("patent eligible subject matter"),it shall and/or County auditors and any persons duly authorized by
be the sole property of the County. The Contractor hereby the County shall have full access and the right to examine any
assigns to the County its entire right,title and interest,if any, of said materials during said period. Such access is granted
to all patent eligible subject matter,and agrees to do all acts notwithstanding any exemption from disclosure that may be
and execute all documents, and to use its best efforts to claimed for those records which are subject to nondisclosure
ensure that its employees, consultants, subcontractors, agreements, trade secrets and commercial information or
vendors and agents do all acts and execute any documents, financial information that is privileged or confidential
necessary to,vest ownership in the County of any and all Without limiting the generality of the foregoing, records
patent eligible subject matter. The Contractor may not apply directly related to contract expenditures shall be kept for a
for or secure for itself patent protection. The County reserves period of ten(10)years because the statute of limitations for
to itself,and the Contractor hereby gives to the County,and the New York False Claims Act(New York False Claims Act
to any other person designated by the County, consent to § 192)is ten(10)years.
produce or otherwise use any item so discovered and/or the
right to secure a patent for the discovery or invention. This 26. Contract Agency Performance Measures and Reporting
paragraph shall survive any completion, expiration or Requirements—Local Law No.41-2013
termination of this Contract.
a. If payment under this Contract may exceed
22. Arrears to County $50,000,it is subject to the requirements of Suffolk County
Local Law No. 41-2013, a Local Law to Implement
Contractor warrants that, except as may otherwise be Performance Measurement to Increase Accountability and
authorized by agreement, it is not in arrears to the County Enhance Service Delivery by Contract Agencies(Article VIII
upon any debt,contract,or any other lawful obligation,and is of Chapter 189 of the Suffolk County Code) as set forth in
not in default to the County as surety. Article IV entitled "Suffolk County Legislative
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Requirements."
b. The Contractor shall cooperate with the Department
in all aspects necessary to help carry out the requirements of
the Law. Based on criteria established by the Contractor in
conjunction with the Department,the Contractor shall submit
monthly reports regarding the Contractor's performance
relative to the established criteria, on dates and times as
specified by the Department,as more fully set forth in Article
I and Article IV of this Contract.
c. The Contractor shall submit an annual report to the
Department regarding the Contractor's performance no later
than July 31 of each year of the Term.All performance data
and reports will be subject to audit by the Comptroller.
27. Notice
Unless otherwise expressly provided, all notices shall be in
writing and shall be deemed sufficiently given if sent by
regular first class mail and certified mail, or personally
delivered during business hours as follows: 1.) to the
Contractor at the address on page 1 of the Contract and 2.)to
the County at the Department,or as to either of the foregoing,
to such other address as the addressee shall have indicated by
prior written notice to the addressor. All notices received by
the Contractor relating to a legal claim shall be immediately
sent to the Department and also to the County Attorney at H.
Lee Dennison Building, 100 Veterans Memorial Highway,
P.O.Box 6100,(Sixth Floor),Hauppauge,New York,11788-
0099.
End of Text for Article III
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CERTIFICATION/DECLARATION-SUBJECT TO
Article IV 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
for violations of this Law.
with, and comply with the requirements of Chapter 575, of
the Suffolk County Code. Required Form:
This Contract is subject to the Living Wage Law of the Suffolk County Labor Law Form DOL-LO1 (Revised
County of Suffolk. The law requires that, unless specific 2/2020); entitled "Suffolk County Department of Labor,
exemptions apply, all employers (as defined)under service Licensing & Consumer Affairs — Union Organizing
contracts and recipients of County financial assistance, (as Certification/Declaration-Subject to Audit."
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
Suffolk County Living Wage Form DOL-LW1/38(Revised through any grant, loan, subsidy, funding, appropriation,
12/2021) entitled "SUFFOLK COUNTY DEPARTMENT payment, tax incentive, contract, subcontract, license
OF LABOR, LICENSING & CONSUMER AFFAIRS— agreement,lease or other financial compensation agreement
NOTICE OF APPLICATION FOR COUNTY issued by the County or an awarding agency, where such
COMPENSATION-LIVING WAGE compensation is one hundred percent(100%)funded by the
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County, shall submit a completed sworn affidavit (under APPLICATION TO CERTIFY COMPLIANCE WITH
penalty of perjury),the form of which is attached,certifying FEDERAL LAW (8 U.S.C. SECTION 1324A)(WITH
that they have complied,in good faith,with the requirements RESPECT TO LAWFUL HIRING OF EMPLOYEES,
of Title 8 of the United States Code Section 1324a with Suffolk County Code,Chapter 353(2006)"DOL-LHE 1/2
respect to the hiring of covered employees(as defined) and (REVISED 8/2017).
with respect to the alien and nationality status of the owners
thereof. The affidavit shall be executed by an authorized 5. Gratuities
representative,of the covered employer or owner,as the case
may be;shall be part of any executed contract,subcontract, It shall be the duty of the Contractor to read,become familiar
license agreement, lease or other financial compensation with,and comply with the requirements of Chapter 664 of the
agreement with the County; and shall be made available to Suffolk County Code.
the public upon request.
The Contractor represents and warrants that it has not offered
All contractors and subcontractors (as defined) of covered or given any gratuity to any official,employee or agent of the
employers, and the owners thereof,as the case may be,that County or the State or of any political party,with the purpose
are assigned to perform work in connection with a County or intent of securing an agreement or securing favorable
contract, subcontract, license agreement, lease or other treatment with respect to the awarding or amending of an
financial compensation agreement issued by the County or agreement or the making of any determinations with respect
awarding agency,where such compensation is one hundred to the performance of an agreement.
percent (100%) funded by the County, shall submit to the
covered employer a completed sworn affidavit(under penalty 6, Prohibition Against Contracting with Corporations
of perjury),the form of which is attached,certifying that they that Reincorporate Overseas
have complied,in good faith,with the requirements of Title 8
of the United States Code Section 1324a with respect to the It shall be the duty of the Contractor to read,become familiar
hiring of covered employees and with respect to the alien and with, and comply with the requirements of sections A4-13
nationality status of the owners thereof,as the case may be. and A4-14 of Article IV of the Suffolk County Code.
The affidavit shall be executed by an authorized
representative of the contractor,subcontractor,or owner,as The Contractor represents that it is in compliance with
subcontract, license agreement, lease or other financial sections A4-13 and A4-14 of Article IV of the Suffolk
compensation agreement between the covered employer and County Code. Such law provides that no contract for
the County; and shall be made available to the public upon consulting services or goods and services shall be awarded by
request. the County to a business previously incorporated within the
U.S.A.that has reincorporated outside the U.S.A.
An updated affidavit shall be submitted by each such
employer,owner,contractor and subcontractor no later than 7 Child Sexual Abuse Reporting Policy
January 1 of each year for the duration of any contract and
upon the renewal-or amendment of the Contract, and It shall be the duty of the Contractor to read,become familiar
whenever a new contractor or subcontractor is hired under the with, and comply with the requirements of Article II of
terms of the Contract. Chapter 880 of the Suffolk County Code.
The Contractor acknowledges that such filings are a material, The Contractor shall comply with Article H of Chapter 880,
contractual and statutory duty and that the failure to file any of the Suffolk County Code, entitled"Child Sexual Abuse
such statement shall constitute a material breach of the Reporting Policy,"as now in effect or amended hereafter or
Contract. of any other Suffolk County Local Law that may become
Under the provisions of the Lawful Hiring of Employees applicable during the term of the Contract with regard to
Law, the County shall have the authority to terminate the
child sexual abuse reporting policy.
Contract for violations of this Law and to seek other remedies
8. Non Responsible Bidder
available under the law.
The documentation mandated to be kept by this law shall at It shall be the duty of the Contractor to read,become familiar
all times be kept on site. Employee sign-in sheets and with, and comply with the requirements of Article II of
register/log books shall be kept on site at all times during Chapter 189 of the Suffolk County Code.
working hours and all covered employees,as defined in the
law,shall be required to sign such sign-in sheets/register/log Upon signing the Contract,the Contractor certifies that it has
books to indicate their presence on the site during such not been convicted of a criminal offense within the last ten
working hours. (10)years. The term"conviction"shall mean a finding of
guilty after a trial or a plea of guilty to an offense covered
Required Forms: under section 189-5 of the Suffolk County Code under
"SUFFOLK COUNTY DEPARTMENT OF LABOR, "Nonresponsible Bidder."
LICENSING, & CONSUMER AFFAIRS — NOTICE OF
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9. Use of Funds in Prosecution of Civil Actions 13. Contract Agency Performance Measures and
Prohibited Reporting Requirements
It shall be the duty of the Contractor to read,become familiar It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Article III of with, and comply with the requirements of Suffolk County
Chapter 893 of the Suffolk County Code. Local Law No. 41-2013, a Charter Law to Implement
Performance Measurement to Increase Accountability and
The Contractor shall not use any of the moneys,in part or in Enhance Service Delivery by Contract Agencies(Article VIII
whole, and either directly or indirectly, received under the of Chapter 189 of the Suffolk County Code)as more fully set
Contract in connection with the prosecution of any civil forth in Article I and Article III of this Contract.
action against the County in any jurisdiction or any judicial or
administrative forum. All contract agencies having a contract in excess of$50,000
shall cooperate with the contract's administering department
10. Youth Sports to identify the key performance measures related to the
objectives of the services that the contract agency provides
It shall be the duty of the Contractor to read,become familiar and shall develop an annual performance reporting plan.The
with, and comply with Article III of Chapter 730 of the contract agency shall cooperate with the administering
Suffolk County Code. department and the County Executive's Performance
Management Team to establish appropriate performance
All contract agencies that conduct youth sports programs are indicators and targets for monthly evaluation of the contract
required to develop and maintain a written plan or policy agency's performance.
addressing incidents of possible or actual concussion or other
head injuries among sports program participants.Such plan or 14. Suffolk County Local Laws Website Address
policy must be submitted prior to the award of a County
contract,grant or funding. Receipt of such plan or policy by Suffolk County Local Laws, Rules and Regulations can be
the County does not represent approval or endorsement of accessed on the homepage of the Suffolk County Legislature.
any such plan or policy, nor shall the County be subject to
any liability in connection with any such plan or policy.
15. Suffolk County Code of Ethics
11. Work Experience Participation As required by Suffolk County Standard Operating Procedure
A-06, the following is a link to the Suffolk County Ethics
If the Contractor is anot-for-profit or governmental agency or Booklet,which contains the provisions of the Suffolk County
institution,each of the Contractor's locations in the County at Code of Ethics:
which the Services are provided shall be a work site for
public-assistance clients of Suffolk County pursuant,to https:Hsuffolkcountyn,/.gov/Portals/O/fon-nsdocs/Boardofethic
Chapter 281 of the Suffolk County Code at all times during s/Code%20of%20Ethics%20Booklet%20-
the Term of the Contract. If no Memorandum of %20New%2ORevised%2OMay%202017.pdf
Understanding("MOU")with the Suffolk County Department
of Labor for work experience is in effect at the beginning of 16. Notification of Cyber Security Breach
the Term of the Contract,the Contractor, if it is a not-for-
profit or governmental agency or institution,shall enter into It shall be the duty of the Contractor to read,become familiar
such MOU as soon as possible after the execution of the
Contract and failure to enter into or to perform in accordance with,and comply with the requirements of section AS-22 of
with such MOU shall be deemed to be a failure to perform in Article V of the Suffolk County Administrative Code.
accordance with the Contract, for which the County may
withhold payment, terminate the Contract or exercise such The Contractor(as defined in section A5-22)certifies that it
other remedies as may be appropriate in the circumstances. has policies and procedures in place for the effective
management of any cyber security breach, threat or event.
12. Safeguarding Personal Information of Minors The Contractor shall immediately notify the Department
named on the signature page of this Contract, the Suffolk
It shall be the duty of the Contractor to read,become familiar County Executive, the Clerk of the Suffolk County
with, and comply with the requirements of Suffolk County Legislature,and the Suffolk County Department of Audit and
Local Law No. 20-2013, a Local Law to Safeguard the Control of any cyber security breach, event or attack, as
Personal Information of Minors in Suffolk County. defined in section A5-22 of Article V of the Suffolk County
Administrative Code.
All contract agencies that provide services to minors are
required to protect the privacy of the minors and are strictly End of Text for Article IV
prohibited from selling or otherwise providing to any third
party,in any manner whatsoever,the personal or identifying
information of any minor participating in their programs.
29 of 37 pages
ARTICLE IV
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Article V form(s)required by County or the Suffolk County
General Fiscal Terms and Conditions Department of Audit and Control, shall be
furnished to the County pursuant to,and as limited
1. General Payment Terms by,the Regulations for Accounting Procedures for
Contract Agencies of the Suffolk County
Department of Audit and Control. In addition to
a. Presentation of Suffolk County Payment any other remedies that the County may have,
Voucher failure to supply the required documentation will
disqualify the Contractor from any further County
In order for payment to be made by the County to contracts.
the Contractor for the Services,the Contractor shall
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
Modification") for revisions to the
b. Voucher Documentation Budget and Services not involving an
increase to the total cost of the Contract.
The Suffolk County Payment Voucher shall list all If the Contractor is seeking such a
information regarding the Services and other items modification, the Contractor shall
for which expenditures have been or will be made contact the Department t receive the
in accordance with the Contract. Either upon form and enter the required information.
execution of the Contract(for the Services already e County and the Contractor
rendered and expenditures already made), or not agree as When the
such revisions,the Contractor
more than thirty (30) days after the expenditures shall sign the Budget Modification form
were made, and in no event after the 3151 day of and return it to the County for execution
January following the end of each year of the along with any other documentation the
Contract, the Contractor shall furnish the County Department may require.
with detailed documentation in support of the
payment for the Services or expenditures under the ii.) Such request must be made in advance of
Contract e.g. dates of the Service, worksite incurring any expenditure for which the
locations,activities,hours worked,pay rates and all revision is needed.
program Budget categories. The Suffolk County
Payment Voucher shall include time records, iii.) Upon complete execution of the Budget
certified by the Contractor as true and accurate,of Modification form, the County shall
all personnel for whom expenditures are claimed return a copy to the Contractor. The
during the period. Time and attendance records of revision shall not be effective until the
a Contractor's Director/Executive Director shall be Budget Modification is completely
certified by the Chairperson, President or other executed_
designated member of the Board of Directors of the
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 151 of that year.
Construction Law§46 by duly authorized persons,
and certification of such authorization with e. Budget and/or Services Revisions
certified specimen signatures thereon must be filed
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 of
the Contract due to a resolution of the
the Suffolk County Department of Audit and
Control. Documentation, including any other Legislature, changes to the County's
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ARTICLE V
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adopted annual budget, or for any other under which such reimbursement shall
reason necessitating revisions to the be paid.
Budget or Services.
C. The County may, during the Term, impose a
ii.) When the County and the Contractor Budget Deficiency Plan. In the event that 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
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 it the
f. Taxes Budget;
The charges payable to the Contractor under the ii.) personnel rules and procedures;
Contract are exclusive of federal, state, and local
taxes,the County being a municipality exempt from iii.) pension plan and any other employee
payment of such taxes. benefit plans or arrangements.
g. Final Voucher b. The Contractor shall not be entitled to
reimbursement for costs under any pension or
The acceptance by the Contractor of payment of all benefit plan the Comptroller deems commercially
billings made on the final approved Suffolk County unreasonable.
Payment Voucher shall operate as and shall be a
release of the County from all claims by the C. Notwithstanding anything in this paragraph 3 of
Contractor through the date of the Voucher. this Article V,the County shall not be limited in
requesting such additional financial information it
2. Subject to Appropriation of Funds deems reasonable.
a. The Contract is subject to the amount of funds 4. Accounting Procedures
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature, a. The Contractor shall maintain accounts, books,
and no liability shall be incurred by the County records, documents, other evidence, and accounting
beyond the amount of funds appropriated each procedures and practices which sufficiently and
fiscal year by the County Legislature for the properly reflect all direct and indirect costs of any
Services. nature expended in the performance of the Contract,in
accordance with generally accepted accounting
b. If the County fails to receive Federal or State funds principles and with rules, regulations and financial
originally intended to pay for the Services, or to directives, as may be promulgated by the Suffolk
reimburse the County, in whole or in part, for County Department of Audit and Control and the
payments made for the Services,the County shall Department. The Contractor shall permit inspection
have the sole and exclusive right to: and audit of such accounts,books,records,documents
and other evidence by the Department and the Suffolk
i.) determine how to pay for the Services; County Comptroller,or their representatives,as often
as, in their judgment, such inspection is deemed
ii.) determine future payments to the necessary. Such right of inspection and audit as set
Contractor;and forth in subparagraph b. below shall exist during the
Term and for a period of seven (7) years after
iii.) determine what amounts, if any, are expiration or termination of the Contract.
reimbursable to the County by the
Contractor and the terms and conditions
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ARTICLE V
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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 AuditsCZ),suffolkcountyny.gov within thirty (30) days
nondisclosure agreements, trade secrets and after completion of the audit,but in no event later than
commercial information or financial information that is nine(9)months after the end of the Contractor's fiscal
privileged or confidential. year,to which the audit relates. The Contractor may
solicit requests for proposals from a number of
C. The Contractor shall utilize the accrual basis of qualified accounting firms and review carefully the
accounting and will submit all financial reports and costs of,and qualifications for,this type of work before
claims based on this method of accounting during the selecting the Auditor.
Term.
b. The Auditor should be required to meet the following
5. Audit of Financial Statements minimum requirements:
a. All payments made under the Contract are subject i.) a current license issued by the New York
to audit by the Comptroller pursuant to Article V of State Education Department;
the Suffolk County Charter. The Contractor further ii.) sufficient auditing experience in the not-
agrees that the Comptroller and the Department for-profitgovernmental or profit-making
shall have access to and the right to examine,audit, areas,as applicable;and
excerpt, copy or transcribe any pertinent
transactions or other records relating to services iii.) a satisfactory peer review issued within
under the Contract. If such an audit discloses not more than three(3)years prior to the
overpayments by the County to the Contractor, date when the Auditor was selected to
within thirty (30) days after the issuance of an conduct the audit.
official audit report by the Comptroller or his duly C. The audit must be conducted in accordance with
designated representatives, the Contractor shall generally accepted governmental auditing standards.
repay the amount of such overpayment by check to Financial statements must clearly differentiate between
the order of the Suffolk County Comptroller or County-funded programs and other programs that the
shall submit a proposed plan of repayment to the Contractor may be operating. The use of subsidiary
Comptroller. If there is no response, or if schedules should be encouraged for this purpose. The
satisfactory repayments are not made,the County Auditor must also prepare a Management Letter based
may recoup overpayments from any amounts due or on the audit.
becoming due to the Contractor from the County
under the Contract or otherwise. d. "Subrecipients"—Federally Funded Programs and
Grants
b. The provisions of this paragraph shall survive the
expiration or termination of the Contract for a i.) In the event the Contractor is a"Subrecipient"as
period of seven (7) years, and access to records that term is defined in 2 CFR § 200.93 and the
shall be as set forth in paragraph 25 of Article III, Contractor expends seven hundred fifty thousand
and paragraph 4(b)of Article V. ($750,000.00)dollars or more of Federal moneys,
6. Financial Statements and Audit Requirements whether as a recipient expending awards received
directly from Federal awarding agencies or as a
a. Notwithstanding any other reporting or certification Contractor expending Federal awards received
requirements of Federal,State,or local authorities,the from a pass-through entity such as New York State
Contractor shall obtain the services of an independent and/or Suffolk County, during any fiscal year
licensed public accountant or certified public within which it receives funding under the
accountant (the "Auditor") to audit its financial Contract,the audit referred to under this paragraph
statements for each Contractor's"fiscal year"in which 6 must be conducted and any the audit report must
the Contractor has received, or will receive, three be'in accordance with OMB Uniform Grant
hundred thousand($300,000.00)dollars or more from Guidance — 2 CFR Part 200 ("Single Audit
the County, whether under the Contract or other Report"). Single;Audit Reports must also be
agreements with the County,and shall submit a report uploaded to the Federal Audit Clearinghouse, to
to the County on the overall financial condition and the extent required by the OMB Uniform Grant
32 of 37 pages
ARTICLE V
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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
sub recipientmonitoring(iDsuffolkcountvnv.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
subrecipientmonitoringna..suffolkcountyny.eov order. Written approval of the County shall be
within thirty (30) days of the end of the required before the Contractor may proceed with
Contractor's fiscal year. The Schedule of Federal such proposed purchase, rental or lease of
Funds Expended must include all Federal funding furniture, fixtures or equipment. All items
received directly from the Federal government and purchased must be new or like new unless
all Federal funds passed through from the County specifically described otherwise in the Budget.
and other pass-through entities.
b. Purchase Practices/Proprietary Interest of
iii.) Subrecipients may include,but not necessarily be County
limited to, not-for-profit organizations; units of
state government or a unit of local governments. i.) The Contractor shall follow the general
practices that are designed to obtain
e. Copies of any other audit reports including oversight furniture,fixtures,equipment,materials,
agency audits must be submitted to the Department set or supplies at the most reasonable price
forth on page one of this Contract and emailed to the or cost possible.
Executive Director of Auditing Services at
Audits(cDSuffolkcountvnv.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.
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ARTICLE V
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iii.) The County shall retain a proprietary
interest in all furniture, removable e. Protection of Property in Contractor's Custody
fixtures, equipment, materials, and
supplies purchased or obtained by the The Contractor shall maintain vigilance and take all
Contractor and paid for or reimbursed to reasonable precautions to protect the furniture,
the Contractor pursuant to the terms of fixtures, equipment, material or supplies in its
the Contract or any prior agreement custody against damage or loss by fire, burglary,
between the parties. theft,disappearance,vandalism, or misuse. In the
event of burglary, theft, vandalism, or
iv.) The Contractor shall attach labels disappearance of any item of furniture, fixtures, '
indicating the County's proprietary equipment, material or supplies, the Contractor
interest or title in all such property. shall immediately notify the police and make a
record thereof,including a record of the results of
any investigation which may be made thereon. In
C. County's Right to Take Title and Possession the event of loss of or damage to any item of
furniture, fixtures, equipment, materials, or
Upon the termination or expiration of the Contract supplies from any cause, the Contractor shall
or any renewal thereof,the discontinuance of the immediately send the County a detailed written
business of the Contractor, the failure of the report thereon.
Contractor to comply with the terms of the
Contract, the bankruptcy of the Contractor, an f. Disposition of Property in Contractor's Custody
assignment for the benefit of its creditors, or the
failure of the Contractor to satisfy any judgment Upon termination of the County's funding of any
against it within thirty (30) days of filing of the of the Services covered by the Contract,or at any
judgment,the County shall have the right to take other time that the County may direct, the
title to and possession of all furniture,removable Contractor shall make access available and render
fixtures,equipment,materials,and supplies and the all necessary assistance for physical removal by the
same shall thereupon become the property of the County or its designee of any or all furniture,
County without any claim for reimbursement on the removable fixtures, equipment, materials or
part of the Contractor. supplies in the Contractor's custody in which the
County has a proprietary interest, in the same
d. Inventory Records,Controls and Reports condition as such property was received by the
Contractor, reasonable wear and tear excepted.
The Contractor shall maintain proper and accurate Any disposition, settlements or adjustments
inventory records and controls for all such connected with such property shall be in
furniture, removable fixtures and equipment accordance with the rules and regulations of the
acquired pursuant to the Contract and all prior County and the State of New York.
agreements between the parties,if any. Three(3)
months before the expiration date of the Contract, g, 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
Term.
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10. Miscellaneous Fiscal Terms and Conditions e. Potential Revenue
a. Limit of County's Obligations The Contractor shall actively seek and take
reasonable steps to secure all potential funding
The maximum amount to be paid by the County is from grants and contracts with other agencies for
set forth on the first page of the Contract. programs funded by the County.
b. Duplicate Payment from Other Sources f. Payments Contingent upon State/Federal
Funding
Payment by the County for the Services shall not
duplicate payment received by the Contractor from Payments under the Contract may be subject to and
any other source. contingent upon continued funding by State and/or
Federal agencies. In the event payments are subject
C. Funding Identification to such funding no payment shall be made until the
Contractor submits documentation in the manner
The Contractor shall promptly submit to the and form as shall be required by State and/or
County upon request,a schedule for all programs Federal agency. If late submission of claims
funded by the County, itemizing for each such precludes the County from claiming State or
program the sums received, their source and the Federal reimbursement, such late claims by the
total program budget. Contractor shall not be paid by the County subject
to subparagraph g. below, if, for any reason, the
d. Outside Funding for Non-County Funded full amount of such funding is not made available
Activities to the County,the Contract may be terminated in
whole or in part, or the amount payable to the
Notwithstanding the foregoing provisions of the Contractor may be reduced at the discretion of the
Contract, it is the intent of the County that the County, provided that any such termination or
terms and conditions of the Contract shall not limit reduction shall not apply to allowable costs
the Contractor from applying for and accepting incurred by the Contractor prior to such
outside grant awards or from providing additional termination or reduction,and provided that money
educational activities/services which may result in has been appropriated for payment of such costs.
the Contractor incurring additional costs,as long as 9. Denial of Aid
the following conditions are met:
If a State or Federal government agency is funding
i.) The County is not the Fund Source for the Contract and fails to approve aid in
the additional services; reimbursement to the County for payments made
hereunder by the County to the Contractor for
Sufficient funding is available for or can expenditures made during the Term because of any
be generated by the Contractor to cover act, omission or negligence on the part of the
the cost incurred by the Contractor to Contractor, then the County may deduct and
provide these additional services;and withhold from any payment due to the Contractor
an amount equal to the reimbursement denied by
cannot be generated, the County shallll
If sufficient funding is not available the state or federal government agency, and the
County's obligation to the Contractor shall be
not 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 famishing such additional has made a final payment to the Contractor under
services. the Contract, on demand by the County, the
iv.) Prior to scheduling any such additional Contractor shall reimburse the County for the
services on County-owned property,the amount of the balance due the County,payable to
Contractor shall obtain written County the Suffolk County Comptroller.The provisions of
approval. The Contractor shall, to the this subparagraph shall survive the expiration or
County's satisfaction, submit any termination of the Contract.
documentation requested by the
Department reflecting the change, and h. Budget
identify the additional services to be
provided and the source of funding that The Contractor expressly represents and agrees that
shall be utilized to cover the the Budget lists all revenue, expenditures,
expenditures incurred by the Contractor personnel,personnel costs and/or all other relevant
in undertaking the additional services. costs necessary to provide the Services.
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i. Payment of Claims
n.. Contractor Vacancies
Upon receipt of a Suffolk County Payment
Voucher,the County,at its discretion,may pay the The County shall have the right of prior approval of
Contractor during the Term,in advance,an amount the Contractor's filling of any vacant position as of
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
fust 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 o. No Limitation On Rights
Contract shall be reduced to the net amount of
actual Contractor expenditures made for such Notwithstanding anything in this Article V to the
purposes. The total amount to be paid by the contrary,the County shall have available to it all
County shall not exceed the lesser of(i)actual net rights and remedies under the Contract and at law
expenditures or(ii)the total cost of the Contract on and equity.
the cover page and in the Budget. Upon
termination or expiration of the Contract, if the p. Comptroller's Rules and Regulations
Contractor's total amount of allowable expenses is
less than the total amount of the payments made The Contractor shall comply with the
during the Term, the Contractor shall prepare a "Comptroller's Rules and Regulations for
check payable to the Suffolk County Comptroller Consultant's Agreements" as promulgated by the
for the difference between the two amounts and Department of Audit and Control of Suffolk
submit such payment to the County,along with the County and any amendments thereto during the
final Suffolk County Payment Voucher. Term of the Contract. The"Comptroller's Rules
and Regulations for Consultant's Agreements"and
k. Travel, Conference, and Meeting Attendance: "SOP A-07 Amendment 1"may be viewed online
SOP A-07 Amendment 1 at the County's website,SuffolkCountyny.gov;go
to "Government," then "Comptroller," then
Reimbursement to the Contractor for travel costs "Consultant's Agreements."
shall not exceed amounts allowed to County
employees. All conferences that are partially or End of Text for Article V
fully funded by the County that the Contractor's
staff wishes to attend must be pre-approved, in
writing,by the County and must be in compliance
with Suffolk County Standard Operating Procedure
A-07 which may be viewed online at the County's
website, SuffolkCountyny.gov; go to
"Government," then "Comptroller," then
"Consultant's Agreements."
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.
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Article VI
Budget
Town of Southold
AAA Transportation Program
January 1,2023—December 31, 2023
Personnel 9,308
Drivers 9,308
Fringe 712
Fringe 712
NET REIMBURSEMENT
37 of 37 pages
ARTICLE VI