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Suffolk Co Aging Residence
F,I,!ZABETH A. NE¥ILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARIU~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtownmorthfork.ne~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 2,, 2003 Leonor Hunter Fiscal Administrator County of Suffolk Office for the Aging Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Ms. Hunter: The Southold Town Board m their regular meeting on September 23, 2003 adopted resolution number 613 authoriziRg the Elderly-Residential Repair Program, a certified copy of which is enclosed. Also enclosed are three (3) copies of the agreement that have been signed by the Supervisor Horton. Please return a fully executed copy to my office for filing. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (3) cc: K. McLaughlin Town Attorney Town Comptroller Office of the County Executive F{uman Services Division Robert J. Smith Director Co--of Suffolk Rober~ J. Gaffney Suffolk County Executive Office for the Aging Holly S, Rhodes-Teague Director September 5, 2003 The Honorable Joshua Y. Horton Supervisor Town of Southold $3095 Main Road, P.O. Box 11'79 Southold, New York 11971 RE: Community Services for the Eld~rly-Residential Repair Dear Supervisor Horton: Three copies of the Agreement referenced above are enclosed. Also enclosed find a copy of form LW-33. Please sign all three copies of the Agreement and form LW-33, and return them as soon as possible. In addition, a current copy of your Certificate of Insurance must be submitted to this off[ce upon renewal. One fully executed Agreement will be forwarded to you as soon as the signature process has been completed. If you require any further information, please contact Mary-Valerie Kempinski at 85%8209. Sincerely, Leonor Hunter Fiscal Administrator LH:MVK:Iw Enclosures cc: Karen McLaughlin (631 ) 853-8200 ELIZABETH A~ NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL~GE OFFICER RECORDS 1VL~NAGEMENT OFFICER ~a~DOM 0F ~ ~oa~T~o~ O~FICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ~HI~A S IS TO CERTIFY THAT THE FO~WING RESOLUTION NO. 612 OF 2003 gADOPTED AT THE REGULAR ME~FING OF THE~ SOUTHOLD TOWN'BOARD ON SEPTEMBER 23, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs S~apervisor Jgshua ¥. Horton to execute an agreement with the Suffolk County, Office of the A~in~ for the Community Services for the Elderly-Residential Repair Program, II?MS. No. SCS. EXE 0000000.No.001-6777-4980-95285 from April 2003 through March 2004. Elizabeth A. Neville Southold Town Clerk SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING WAGE UNIT DECLARATION OF COMPLIANCE - SUBJECT .TO AUDIT Living Wage Law, Suffolk Cotmty Code, Chapter 347 (2001) '- I To Be Completed By Applicant/Employer/Contractor I I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will'provide to ail full, part-time or temporary employed persons who perform work or render ser,Aces on or for a project, matter, contract or subcontract wtmm this company has received Assistance, from the County. o£ Suffolk as defined in the Law (Assistance), a wage rare of no less than $9,00 per hour worked with health benefits, as described in the La% or otherwise $10.25 per hour or the rates as may be adjusted annually in acco'rdance with the Law. (Chapter347-3 B) I/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies property or uses equipment or property that is improved or developed as a result of Assistance or any contractor or subcontractor of this company that employs ar least ten (10) persons in producing or pxoviding goods or services m this company that are used in the project or matter for which this company has received Assistance shall comply with all the provisions of the Law. including those specified above. (Chapter 347-2 ~ I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulation under this ChapTer of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of compliance is longer. Ali payroll and benefit records required by the County will be mzfmt~med for inspection for a similar period of time. In addition, an annual report of employment activities, including relevant particulars of each covered employee, will be provided to the County for their files. (Chapter 347-7 E) The County Department of Labor shall review the records of any Covered Employer at least once every three years to verify compliance with the provisions of the Law. (Chapter 347-4 C) I declare under penalty of p~rjury under the Laws of the State of New York that the undersigned is authorized to PTide this certification~ and that the above is true and correct. Signamr~Y ~- Date 3-o huc Horfon, tpervisor Print Name & Title -Forvn of 5ou.+hotd 631 765-1889 Company Name Phone County Vendor = (if known) Federal Employer ID# LW-33 CERTIFICATE OF NAIC # _ COVEI~GE$ D~GCRiI~FION OF ~ PERATiONS~L OCATION~'IC LESJEXC LU SlO NS ADDED COUNTY OF OFFICE FOR THE AGING P.o. BO;( HAUPPAUC-,E NY 117~ A~O ~ Law No. AG006M/00, ,06R Rev; 9i5103 Community Services for the Elderly - Residential Repair :IFMS No. SCS EXE 0000000 iNc. 001-6777,4980-95285, Agreement This Agreement, (Agreement) is between the County of Suffolk (County), a municipal corporation ,of the State of New York, :having its principal office at the County, ~enter, :~iverhead. New Yorkdl!:J01. acting through its duly constituted Office for the Aging (Aging), having its principal office at the H; Lee Dennison Building - 3ra Floor, 100 Veterans Memorial ~ighway, Hauppaug~ ~New York/Mailing address: P.O. Box 6100. Hauppauge, New Y~rk - I788-O099), and Town of SeUthold ~(Contractor), a New York mun cipa corporatii3n having ts pr ncipa p ace of business, at 53095,.Main. Road, P.O~ Box 1179, Southold~, N~v York 1.1~9~,1~ · - for semor c~ns. Su~clent funding ~sts in ~e ~00~ SuffolE C~d~ Oper~(l~ Dude. Term of ~reement: She:Il be,April 1~ 2~93 ~rcugh ~fch 31, 20~4; With ~o one-year extensidbs at t~e ~u~:t~& dp~'~n. ' Units of Se~ice: 95'0 Units of R~sia~ntbl ~ir Se~ce Total Cost ofAgreement: Sh all not exceed $ 20,000. Terms and Conditions: Shall be as set fo~ in Ezhibit A through C and ~e Exhibit enti~ed "Suffolk County Legislative Requirements Exhibit for Contracts" revised 1/23/03, attached. In Witness Whereof, the paAies hereto have executed this Agreement as of the latest date written below. Town of Southold County of Suffolk By: Joshua Y. Horto~ Supervisor Fed. Taxpa~v¢ ID¢: 11-6001939 Date: ¢//~ ~/~ ~ Approved as to Form, Not RevieWed as to Execution: Robert J. Cimino Suffolk County Attorney By: Date: Eric A. Kopp Chief Deputy County Executive Approved: By: Holly S. Rhodes-Teague Director, Office for the Aging Recommended: Date By: Jonathan 'Bloom Assistant County Attorney Date By: Maureen Porte Date Senior Citizens Programs Administrator II AG6 CSE Res Rpr Sohold NEW 03 La',~' No..~,G006MI00 -06R Rev. 9~5~03 Community Services for the Elderly - Re$idential~ Repair IFMS No. SCS EXE 0000000 No. 001-6777-4980-95285- Exhibit A Purpose And Program A. The Contractor shall furnish Aging with one or more programs for senior citizens of Suffolk County (separately or collectively the "Program"), pursuant to (i) the Title of the Federal Older Americans Act (42 U.S.C.A. §3030e et seq.) indicated on the cover page of this Agreement and the applicable rules and regulations of the Administration on Aging, United States Department of Health and Human Services and/or (ii) the New York State Program indicated on the cover page of this Agreement, in accordance with the provisions contained in this Exhibit A and in the following additional Exhibits, which are attached to and made part of this Agreement. Exhibit A1 Standard Contract Clauses Exhibit A2 Standard Budget Clauses Exhibit B Program Specifications Exhibit B1 Special Clauses (if any) Exhibit C 3udget Exhibit Suffolk County Legislative Requirements Exhibit for Contracts revised 1/23/03 B. The provisions of Exhibit B1 shall prevail over inconsistent provisions of any other Exhibit, the provisions of this Exhibit A and of Exhibits Al. A2 and B shall prevail over inconsistent provision of any other Exhibit except B1, and the provisions of A, Al, A2 and B1 shall prevail over any other document not specifically referred to in this Agreement or made part thereof by this Exhibit A or by subsequent amendment in writing and signed by both parties except to the extent that provisions of this Exhibit A, Exhibit A1 A2 or B1 are specifically referred to and amended or superseded by such amendment. 2, Reports The Contractor shall submit reports as reasonably requested by the County, including without limitation, any reports required by Exhibit B. 3. Limit Of County's Obligations The maximum amount to be paid by the County as set forth on the cover page of this Agreement or any amendment thereof shall constitute the full obligation of the County in connection with this Agreement and any matter arising therefrom for the contract year to which suchcover page relates. 4. Extension Of Term The services of the Contractor under this Agreement shall be subject to review by Aging not less often than annually. If Aging, in its sole discretion, is satisfied with the Contractor's services, Aging shall notify the Oontractor in writing on or before the expiration of the term (as the same may have been extended), and the parties shall negotiate an Extension Agreement, which shall take effect for the extension period specified therein, but in no event beyond the limits as set forth on the cover page of~he Agreement, upon signature on behalf of the County. Such Extension Agreement shall Page I of 2 pages of Exhibit A AG6 CSE Res Rot Sohold NEW 03 Law No. AG006MI00 -06R Rev. 915103 . Community Services for the Eldo[~y - epa~r ~IFMS No. SCS EXE 0000000 No. 001-6777-4980-95285- include the Total Cost of Agreement for the Extension Pedod and such other modifications of the Agreement as may be agreed upon between the parties. 5. Termination In Case Of Bid Request, RFP Or RFQ Notwithstanding anything otherwise provided in paragraph 4 above, Aging may elect not to extend the term of this Agreement. or may terminate this Agreement as provided in the paragraph headed "Termination" of Exhibit Al, if in the County's sole discretion, it issues a request for bids, requests for proposals or request for qualifications for the services des. cr~bed ip this Agreement and the Contractor's response thereto does not result in a contract award to the Contractor, - End Of Text Of Exhibit A - Page 2 of 2 pages of Exhibit A AG6 CSE Res Rpr Sohold NEW 03 TABLE OF CONTENTS EXHIBIT A1 - STANDARD CONTRACT CLAUSES ............................................................................. 1 t. CONTRACTOR RESPONSIBILITIES .............................................................................. 1 '(a) Services ............................................................................................................... (b) Qualifications and Licenses .................................................................................. (c) County Review ..................................................................................................... (d) Compliance with Law ............................................................................................ 2. TERM OF AGREEMENT ................................................................................................. 1 3. PAYMENT FOR SERVICES ............................................................................................ 2 (a) Claims .................................................................................................................. 2 (b) Final Request for Payment ................................................................................... 2 (c) Payment of Claims ............................................................................................... 2 (d) Taxes ................................................................................................................... 2 (e) Agreement Subject to Appropriation of Funds ...................................................... 2 (f) Payments Contingent upon State/Federal Funding .............................................. 3 (g) Payments Contingent upon Receipt of State/Federal Aid ..................................... 3 (h) Other Governmental Funding .............................................................................. 3 (i) Post-Audit ............................................................................................................. 3 4. ACCOUNTING PROCEDURES .................................................................................... 3 5. FINANCIAL STATEMENTS AND AUDIT REQUIREMENTS ..................................... 4 6. ADDRESSES FOR NOTICES, CLAIMS AND REPORTS ............................................... 5 7. STATEMENT OF OTHER CONTRACTS ....................................................................... 5 8. OFFSET OF ARREARS OR DEFAULT ........................................................................... 6 9. CONFIDENTIALITY OF RECORDS ................................................................................ 6 10. GRATUITIES .................................................................................................................. 6 11. PUBLIC DISCLOSURE ................................................................................................... 6 12. INDEPENDENT CONTRACTOR ..................................................................................... 6 13.' CERTIFICATE OF INCORPORATION ............................................................................ 7 14, INSURANCE AND INDEMNIFICATION .......................................................................... 7 15. INCIDENT REPORTING ................................................................................................. 8 16. NONDISCRIMINATION IN EMPLOYMENT ..................................................................... 8 17. NONDISCRIMINATION IN SERVICES ........................................................................... 9 18. NONSECTARIAN/NONPARTISAN DECLARATION ..................................................... 10 19. WORK EXPERIENCE PARTICIPATION ....................................................................... 10 20. PUBLICATIONS, COPYRIGHTS AND PATENTS .........................................................10 21. QUALIFICATIONS OF PERSONNEL ........................................................................... 11 22, CERTIFICATION REGARDING LOBBYING ................................................................ 11 23. COOPERATION ON CLAIMS ...................................................................................... 11 24. ASSIGNMENT AND SUBCONTRACTING .................................................................... 11 25. TERMINATION .............................................................................................................. 11 26. SEVERABILITY; NO IMPLIED WAIVER ...................................................................... 12 27. MERGER: NO ORAl_ CHANGES .................................................................................. 12 AG A1 (1/99) agal (standard clauses).doc Exhibit A1 - ritract Clauses ......... · 1. Contractor Responsibilities (at Services The Contra'ctor, shall perform such services as may be necessary to accom ~[ish the work required to. be performed, under and in accordance with this Agreement, as more p~rticularly prov: dgd tn Exh~ib~ts.A~and B; in, a skillful manner and to the best of its ability. (b} QuaJific~t[ons' and Licenses The y represents and warrants that it has apd sha possess, and subcontractors have and shall possess f them have, and, shall have, all required by State [I the to the, i~e~se shal be re as to of c~the[ bolder of a must, any -= as to whfch said provision of f Jaw. and extent of the services provided pursuant to this Agreement that Aging, through~ ts duly authorized shalJ be the sole arbiter (d) C~rnpr~a~ce with Law The Con~.actP~ shall comply with all applicable fpca, County, State and Federal laws rules and~reg~l,~0~¢, tn~c pdin~j v~ithbut limitation the ruies and regulations of the New York State Office fodithe Aig~g.,:.$~uf~lk Coupty local preference and other applicable Suffolk County local ~aws and,~resdl¢i~r~f, th,e, Saffotk Count~ Legislature ~nd the ru es, regulations criteria, and guidelin,e,s, fori~?8!~b~-eicOntrois heretofore adopted Or to be adopted by the Coun New York State andithe,'Ret~et~l;government pursuant to law. ty 2. Term of'Agreement This Agreement shall cover the period provided on the first page thereof, unless sooner terminated as ottierwise provided in this Agreement. AG Al (1/99) Page I of 12 pages of Exhibit A1 agal standard clausest,doc 3. Payment for Services (a) Claims (i) The Contractor shall prepare and present claim forms supplied by the County (standard Suffolk County Payment Voucher and any other form(s) required by Aging or the Department of Audit and Control) within eight (8) days after the close of the month in which the expenditure was made, except the claim for the last month of th~ initial Term of Agreement and of each succeeding Extension Period, if any, for which the claim shall be submitted as provided in paragraph B below. (ii) All claim forms must be signed in ink by duly authorized persons, and certification of such authorization with certified specimen signatures thereon must be filed with Aging by a Contractor official empowered to sign this Agreement. (iii)Monthly vouchers shall be submiEed directly to the Suffolk County Office for the Aging at H. Lee Dennison Building, 100 Veterans Memorial Highway, P; O. Box 6100, Hauppauge, New York 11788-0099. (iv) No claims shall be payable until the Contractor complies with all requirements in this Agreement that should have been complied with on or before submission of such claims and also submits evaluative and such other data in the manner and form as shall be required and accepted by Aging, the County, State or Federal Government. (v) The amount of the Total Cost of the Agreement to be paid by the County as set forth on the cover page of this Agreement or of any extension or amendment thereof shall constitute the full obligation of the County in connection with this Agreement for the period there indicated. (b) Final Request for Payment A final claim for payment shall be submitted no later than thirty (30) days after the end of the initial Term of Agreement and of each succeeding Extension Period, if any, unless otherwise directed by Aging. (c) Payment of Claims The County agrees to pay the Contractor monthly for services provided and costs incurred pursuant to this Agreement up to the maximum agreed amount as provided in paragraph 3(a)(5) above, upon receipt of monthly claims in such form as prescribed by the County and after audit and approval by the County. Claims shall be documented by sufficient, competent and evidential matter. Payment by the County shall be made within thirty (30) days after approval by the Comptroller of the County of Suffolk. (d): Taxes The charges payable to the Contractor under this Agreement are exclusive of federal, state and local taxes, the CoUnty being a municipality exempt from the payment of such taxes. (e) Agreement ,Subject to Appropriation of Funds This Agreement is subject to the amount of funds appropriated and any subsequent modifications thereof by the Suffolk County Legislature, and no liability shall be incurred by the AG A1 (1/99) Page 2 of 12 pages of Exhibit A1 agal (stand~rd cfauses).d0c County under this Agreement beyond the a~ht?O¥,fu,fltl~,'appropriated by the Legislature for the ,program covered by this Agreement. (f) Payments Contingent upon State/Federal Funding Payments under this Agreement are sub.,ec[ to and contingent upon continued funding by _~he St, ate and/or ,Federal Government(s) f for an reason the fu ! amount o . ' ' ~ _ . ~,,;.. ,..~.~ ~ - Y , , , . fsuchfundlng~sno~ ~ad'e ava~Ia;b~8'i~ the C0bnty. th s Agreement may be term nated/n whole or,'n,part, er the a~q~t 'is;~le t:~ t~e:Cont~:a~t~r may be reduced, at the discretion, of.Aging, ~rovidedr that any Sucl~'(~F~i:~a~n or'~6duc~8n Shall not apply to ~ lowable costs incurred by th~, Contractor prior to such termination or reduction to the e~tent that funds are available to ~ging Cot Paymen~ of such costs,. , 'n " epartment' or or p2rrt made her of-this Coun the the Cot~nty the 'amount of the,balance due the County by check TreasUCefi~7~hff p~viSiqn,s,, ~¢thi:s Subparagraph shall survive ' Agreement. (h) Other Governmental Funding .~qua] to, ation shall be ue to the County / to reimburse ~uffolk County of the I,f;~he program of the Contractor which is the subject of this Agreement s funded in whole or in pa,.r~ by cOi~fract,s w t~ ct,hoC governmental agenc es t s agreed that the funds of the Count under tt~i§'Agreement sha be refunded to the County to the extent that the ocal fund n from all such sources exceeds the total expenditures of the Contractor for the program. {~i), P~t-Audit' .~,1 pay~8ts made under this Agreement are subject to audt by the Suffolk County Comp- troller ~rsua~ A~ ~ ~/of the Suffo k County Charter The Contractor further a tees that the County' 6ompl~i~Jtier and Aging shall have access to and the right tel examine, audit, excerpt, copy or other records relating to services under this Agreement. If s~ by the County to the Contractor, within thirty (30) days after th dit report by the Comptroller or his duly designated pay the amount of such overpayment by check to the rer or shall submit a proposed plan of repayment to the ]se or if satisfactory repayments are not made, the County may ue or becoming due to the Contractor from the County order Con- recoup unde~ 4. g Procedures · (al~,; T,~e,,,,u ,~ Contractor, sha ma nta n separate records of account concermng alt costs ~ncurred ~oy the~,~ontr~actqr in, the performance of this Agreement and all income relating to the program t[~nde~,,, undo[ this ACreement and consents to audit and inspection by the County, New AG A1 (1/99) Page 3 of 12 pages of Exhibit A! agal,standard cfauses).doc York State and the Federal Government of all facilities, books and other financial and statistical data, whether related to this Agreement or otherwise (in the case of towns or other municipal corporations, only as they relate to this Agreement). Such records shall be maintained for a period of seven (7) years from the date of termination or expiration of this Agreement. Specific records shall be kept as to the hours of all personnel. (b) The Contractor shall comply, for the program funded under this Agreement, with the "Regulations for Accounting Procedures for Contract Agencies," promulgated by the Department of Audit and Control of Suffolk County, and any amendments during the Term of this Agreement. 5. Financial Statements and Audit Requirements (a) Notwithstanding any other reporting or certification requirements of Federal, State or local authorities, the Contractor shall obtain the services of an independent licensed public accountant or certified public accountant (the "Auditod') to audit its financial statements for each Contractor fiscal year in which the Contractor has received, or will receive, $300,000 or'more from the County, whether under this Agreement or otherwise, and shall submit a report on the overall financial condition and operations of the Contractor, including a balance sheet and statement of income and expenses, attested by the Auditor as fairly and accurately reflecting the accounting records of the Contractor in accordance with generally accepted accounting principles. The Contractor is encouraged to solicit requests for proposals (RFPs) from a number of qualified accounting firms and to review carefully the costs of, and qualifications for, this type of work before selecting the Auditor. (b) The Auditor should be required to meet the following minimum requirements: (i) a current license issued by the New York State Education Department; (ii) sufficient auditing experience in the nonprofit, governmental or profit-making areas, as applicable; and (iii)a satisfactory peer review issued within not more than three years prior to the date when the Auditor was selected to conduct the audit. (c) The audit must be conducted in accordance with generally accepted governmental auditing standards (GAGAS). Financial statements must clearly differentiate between County-funded programs and other programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged for this purpose. The Auditor must also prepare a management letter based on the audit. (d) Furthermore, if the Contractor is a non-profit organization or unit of local government and expends $300,000 or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass-through entity, such as New York State or Suffolk County, during any fiscal period within which it receives funding under this Agreement ("fiscal year"), the audit must be conducted, and the audit report ("Single Audit Report") must be, in accordance with OMB Circular No. A-133 (revised June 24, 1997). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass-through entity, [o the extent required by the OMB Circular just referred to. (e) The Contractor must submit a statement in wdting, certified by its chief financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must mail or deliver the certified statement to Aging and to Elizabeth AG A1 (1/99) Page 4 of 12 pages of Exhibit A1 agal(standard ciauses).doc ",1 H. Lee Dennison Building, 100 ~'eterans Memo'na ~F11g1'il~ay, P O. 'Box 6100, Hauppauge, New York 11788-0099. as soon as possible after the end of the Contractor's fiscal year. The state- ment shou Id include ALL Federal funding received directly from the FederaF government and ALL Federal funds passed through from the County and other pass-through entities (~) ¢opeso£a financa statements management etters, Sngle~ud/tRe e~s fa - p I Je) and o~er.aud t repo~, if'required, must .be ~ransmJtt~ to Aging and to Ms Tesor ero at the address j~st set foEh. The repo~s mus~ be submitted w~t~n:th~y (30) day~ after comp et on of the audiL 5u,t in no eve~ later than nine (9: months affe~¢ ~n~ ~f the oe~abt0¢s fi~cal pe- dod ~ ~hich, the audi~ relates. [g). Thee requirements do not preclude Aging or the Suffolk County Comptroller or their ~t!~!"0ri24':d' .-r;~;~e~(),~tr~ti?cs or, Federal ~ State a~ditors f¢o~ a~d[~ng ~;(e~¢s-of~e Con- tractg~. I I,,.,,, k.. c. L, ~(-.., ..,,..,. os o. ~e. Con~[actor mast be made. e*~a~ab~e ~ ~.o~ed'.[e~resen- Inli','cs of. Ff;deR~tl. St:it')'or Court,gOvernment fer that purpo~.: ate witl hold ii such duly ,,,... ,,j.., ,.t.z,,, rr..,~, r ..~,c..,1,,..,. ~...-,. check ~o ;[;~; ordor nl '.he ¢',~¢ . CoIIhty .' '" ' ~ I 9. ,.(i) T~e provisie~ or,his paragraph sha suwve the exp ra~on or termnat on of the Agree~bnt.. ~' ' ' ~ddresCes for Notices, Claims and Repo~s ~e Co~a~r chal~mail any communication, no~ce, cia m for payment, repo~s, or other submission tO: ~olk Coun~ Office forthe Aging at its address 0n the ~ver page of this Agree- ment, or such a~her address ~f which the C°u~ty shall have given~the Contractor writen notice. The Cdunty sh~tl mail any communicat on, not ce, or other submission~to the Contractor at its addres~ on tbe.8over page of th s Agreement or such other address of Wh ch the Contractor sha have g~en the 6ounty wr~ no~ce. . 7. Statement of Other Contracts he 6~n~ractOr has attached, and ~n the event of any change Will a~ach to any extension agreemen~a~¢m~nt"of th s Agreement a S~tement of Other Contracts n the form annexed to th~s Agreeme~L.~he. Contractor represents and warrants that any such Statement of Other Con- tracts is'~nd ~ilJ~be a;c~mplete list of all other ?ntracts (i) which ~re currently in effect or (ii) which have expired within the past 12 months and h~ve not been renewed, and under which funds have been, ~re being~or will be received by the Contractor from any depa~ment or agency of the County¢ the Un~ed States of America, ~e State of New York or nth er municipalities or funding organizations~ his by .~o:unty AG A1 (1/99) Page 5 of 12 pages of Exhibit A1 agal(standard clauses) 8. Offset of Arrears or Default The Contractor warrants that it is not, and shall not be during the term of this Agreement, in arrears to the County for taxes or upon debt or contract and is not, and shall not be during the term of this Agreement, in default as surety, contractor or otherwise on any obligation to the County, and the Contractor agrees that the County may withhold the amount of any such arrearage or default from amounts payable to the Contractor under this Agreement. 9. Confidentiality of Records (a) The Contractor expressly agrees to preserve the confidentiality of all data and information shared, received, collected, or obtained as a result of this Agreement. No disclosure, redisclosure or release of such data or information is to be made, permitted, or encouraged by the Contractor or its officers or employees, except as expressly authorized by law. It is further understood and agreed that no such data or information is to be used for personal benefit. The Contractor further agrees that its em ployees shall be specifically instructed in regard to their obligation to keep such data and information in confidence and their liability upon breach of confidentiality to all the penalties prescribed by law. (b) The Contractor further agrees to implement such procedures for safeguarding information as the Department shall require. The Contractor further agrees to indemnify and hold the County and Aging harmless against any loss, damage, cost or expense adsing out of any suit, claim or demand which may be brought or made against the County or Aging by reason of a breach of these prowsions. (c) In addition, the Contractor agrees to maintain the confidentiality of all information in conformity with the provisions of applicable local. State and Federal laws and regulations. 10, Gratuities The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose of intent of securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signerof this Agreement has read and is familiar with the prows~ons of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). 11. Public Disclosure The Contractor represents and warrants that, unless exempt, it has filed with the Comptroller of Suffolk County the verified public disclosure statement, required by Local Law No. 14 of 1976, as amended (§A5-7 of the Suffolk County Code) and acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of this Agreement, for which the County shall be entitled upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement. (Such filing is not required if the Contractor is a not-for-profit corporation.) 12. Independent Contractor The relationship of the Contractor to the County shall be that of an independent contractor. The Contractor, in accordance with its status as an independent contractor, covenants and agrees that neither the Contractor nor any of its officers, directors or employees AG A1 (1/99) Page 6 of 12 pages of Exhibit A1 agal(standard clauses).doc will hold itself or themsbtv;es ou{ ~S, or 6 a nh to bd; ~n'~6~iCer or employee of the County by reason of this ADreement and that neither it nor any of them will, by reason thereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the County, including, but not limited to, Workers' Compensation coverage, unemployment insurance benefits Social Secur'rty cove{age, or retirement membersh.[p or credits. 1 3. Certificate of-I[nC0~'poration nicipal corporation) shall furnish Aging with certi- fled copies cfi ,ration and by-laws, indudi:ng any amendments thereto, at [he extent not already on file with Aging, and any ame~ ~, and a list of lot ity for the pay the entire premium for and maintain throuc in amounts.and types specified by the County. Unless agreed to by the Contractor, in writing, such ~nsurance will be as fblt¢ws: (i) C~©~,~MERCIAL GENERAL LIABILITY INSURANCE, including cbh~r*actua coverage, in an amount not less than Two Million Dollars (~2~000,000.00) combined single limit for bodily injury and property .d~r~age per OCCL~rrence. ' (ii) A~O, MOBILE L AB L TY NSURANCE (f any veh c es are used in the P~ ~mance of this Agreement) in aB amount not less than Three .~d,ed Thousand Dollars ($300,000,00) combined single limit for ~J~ly injury and property damage per occurrence. (iii).,PF&©FESSlON. AL LIABILITY/ERRORS AND OMISSIONS t~RANCE in an amount not less than Two Million Dollars ($2,000,000.00) on either a per occurrence or claims made basis. (iv) wO~KERS' COMPENSATION and EMPLOYER'S LIABILITY [.N~RAAICE in compliance with'all app cab e New York State laws and,?egulations and DISABILITY BENEFITS INSURANCE if required by I~w and shall have furnished to the County, prior to its execution of thi~'Agreement the documentation requ red b~' the .State of New York Wihrkers' Compensation Board of coverage or exemption from coverage pursuant to §§ 57 and 220 of the Workers' Compensation Law. In accordance with General MUnicipal Law § 108, this Agreement shall be vaid ano of no effect unless the Contractor shall provide and maintain coverage during the term of' this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. (v) FI.DELITY BONDS (if a Budget and payment schedule are attached to thi~ Agreement) providing comprehensive coverage, in an amount not less than the greater of (i) Five Thousand Dollars ($5,000) or (ii) the AG A1 (1/99) Page 7 of 12 pages of Exhibit A1 agal(standard clauses~.~oc amount of the advance to the Contractor under this AgreemenT, against dishonesty, disappearance and destruction of roche:, and securities for alt personnel who have access to or sign checks, or have care. custody or control of funds or property entrusted to the Contractor under the terms of the Agreement. (b) All policies providing such coverage shall be issued by insurance companies acceptable to the County. (c) The Contractor shall furnish to the County certificates of insurance or, on req Jest. original policies, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability nsurance, said certificates or other evidence of insurance shalt name the County of Suffolk as an additional insured. All such certificates or other evidence of insurance shall provide for the County of Suffolk to be a certificate holder and to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material change. Such certificates, policies or other evidence of insurance and notices shall be mailed to Aging at the address at the head of this Agreement or at such other address of which the County shall have given the Contractor notice in writing. If the Contractor is a town or other municipal corporation and has a self-insurance program under which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage and certificates or other evidence of such self-insurance in lieu of insurance issued by insurance companies. (d) Furthermore, to the extent permitted by law, the Contractor shall indemnify and hold harmless the County, its consultant (if any), employees, agents and other persons from and against all losses, claims, costs, judgments, liens, encumbrances and expenses~ including attorneys' fees, by reason of liability imposed by law, for damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property, arising out of the acts or omissions or negligence of the Contractor, its agents, employees or subcontractors or of other persons, in connection with the services described or referred to in this Agreement, even if such injudes to persons or damage to property are due, or are claimed to be due, to passive negligence of the County, its employees, agents or subcontractors or other persons, except only in cases of the County's sole active negligence. 15. Incident Reporting The Contractor agrees to provide Aging with reports of all instances of claims, costs, damages, and injuries to persons or property of whatsoever kind arising out of services provided under this Agreement. All such notifications should be given to Aging immediately after the incident, if possible, but in no case longer than five (5) days after the incident. The Contractor further agrees to send Aging copies of all "notices of claim" relating to the program covered in this Agreement. ' 16. Nondiscrimination in Employment (a) The Contractor agrees in connection with the performance of this Agreement as fol- ~OWS: (i) The Contractor shall not discriminate against employees or applicants for employment because of race, creed, color, national odgin, sex, age, disability, Vietnam Era Veteran status or marital status, and will undertake or continue existing programs of affirmative action to ensure that women and minority AG A1 (1/99) Page 8 of 12 pages of Exhibit A1 agal(standard clauses).doc (~i) (iii) group merd~i~rs are ;aff~dY~l"¢6~p]6yment oppdrtunities without disorimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. The Cont`ractor shall require each employment agency, labor union or authorize,d representative of workers, with which it has a cQllecti,ve bargaining or °the, r ~a~reement or under:standing, to furnish a written ~t~tement that such emplo;cnent agency, labor union or representative will not discriminate on the basi.s,.0f race, creed, color, national origi,n, sex, age~ disability, Vietnam Era '.Vetei'~n S~(us or marita status and that such dni~n or representative w ~ i ' · . , ~, '~ ~ff'~ ~y cooperate nthe mp ementa~oi~ ofthe'O~ntcac'~¢sob gat ons here n. The .C, o?,!?ctor shall state, i~ ,all .'solii~itatio~:~.O~ a~e~en~s ~r ~pl(~y~ ,that', in the performedce Of~,~ :~,~"e~ at~ qualified applicants w~tl b¢*aff~;Sed equal employment opp~ttun]£[~:~ ~¢u~scnmlrration because of race, creed, color, nat ona or~gfn, sex; ~ge~'dis'ab BT, V etnam Era Veteran sta~s or marital status. 17. Nondiscriminafi:on in Services (a) Furthermdre; th~Contractor, in providing services under this Agreement, shall not, on the grounds of race, ~c¢ee~, coloi-, national origin, sex, age, disability or marital status: (i) Deny'an ihdividual any services or other benefits provided ,under the program: (ii) Provide anyservices or other benefits to an individual which are different, or are provided in a different manner, from those provided to others under the program; (iii)Subject an individual to segregation,or separate,treat~nent in any matter related to his/he'receipt ~f any services or other benefits provided Under the program; (iv) Restrict an individual in any way in the enjoyment ,of any advantage or privilege enjoye¢ I~y others receiving any services~or othe re, benefitS provided under the program; (v) Treat 'an ind~vl~aal different y from others in determ n ng ~hether or not the ind v dual ~at s~ es any e g bi ty or otl~er requ rem,ents or dond t OhS wh ch md~k/]~ua s mus~'meet m order to receive any a~d, care, services or other benefts ~),ro~;ided under the program (b) The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, national origin, sex, age, disability or marital status or ha,ve the effect of defeating or substantially impairing accomplishment of the objectives of the program in respect to individuals of a particular race, creed, national origin, sex, age, disability or marital status, in determining: (i) The types of services or other benefits to be provided under the program, or (ii) The class of individuals to whom, or the situations in which, such services or other benefits will be provided under the program, or (iii)The class of individuals to be afforded an opportunity to participate in the program. AG A1 (1/99) Page g of 12 pages of Exhibit A1 agal(standard clauses).doc (c) The Contractor also agrees to observe all applicable Federal Regulations contained in 45 CFR, Part 84 and Part 85 entitled 'tNon-Discrimination on the Basis of Handicap in Program Activities Receiving or Benefiting from Federal Financial Assistance." (d) The Contractor agrees to comply with the requirements of the Civil Rights Act of 1964. (e) In addition (unless otherwise indicated, or not applicable to the Program described, in Exhibit B), pursuant to § 306(a)(5)(A)(ii) of the Older Americans Act, as added by P. L. 100-175, 42 U.S.C.A. § 3026(a)(5)(A)(ii), the Contractor shall (i) specify how the Contractor intends to satisfy the service needs of Iow-income minority individuals in the area served by the Contractor; and (ii) attempt to provide services to Iow-income minority individuals in at least the same proportion as the population of Iow-income minority older individuals bears to the population of older individuals of the area served by the Contractor. 18. Nonsectarian/Nonpartisan Declaration The Contractor agrees that all services performed under this Agreement are secular and nonpartisan in nature and that no funds received pursuant to this Agreement will be used for sectarian purposes or to fudher the advancement of any religion, candidate or partisan effort. Furthermore, the Contractor agrees that alt program services are and will be available to all eligible individuals regardless of religious belief or political affiliation. 19. Work Experience Participation If the Contractor is a nonprofit agency or institution, each of the Contractor's locations in Suffolk County at which services are provided under this Agreement shall be a work site for public-assistance clients of Suffolk County pursuant to Local Law No. 15-1993 at all times during the term of this Agreement. tf no Memorandum of Understanding ("MOU") with the Suffolk County DePartment of Labor for work experience is in effect at the beginning of the term of this Agreement, the Contractor, if it is a nonprofit agency or institution, shall enter into such MOU as soon as possible after the execution of this Agreement and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with this Agreement, for which the Contractor may withhold payment, terminate this Agreement or exercise such other remedies as may be appropriate in the circumstances~ 20. Publications, Copyrights and Patents (a) The Contractor shall not issue or publish any book, article, announcement, report or other publication relating to the subject program without prior written permission from the County. Any such publication shall bear a statement.acknowledging the cooperation and/or funding by the County of Suffolk - Robert J. Gaffney, County Executive, (b) If the work of the Contractor under this Agreement should result in the production of odginal books, manuals, films or other materials for which a copyright may be granted, the Contractor may secure copyright protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate or otherwise use any such materials. AG A1 (1/99) Page 10 of 12 pages of Exhibit A1 agal(standard clauses).doc (c) If the Contractor Under this Agreement makes any discovery or invention in the course of or as a result of work performed under this Agreement, the Contractor may apply for and secure for itself patent protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free, nonexdusive license to produce or otherwise use. a~y.item so discovered or patented. 21', Qualificat!ons of Personnel ,,q-heCOntractor agrees that it will provide the County with relevant policies regarding the persopnel qualifications for professional employees and that these policies shall be subject to approFa] b,¥ Aging. 22: 4~ertif, i! ~on ,egardin Lobbin .~ ~,~ g Y,g ~ , ,~,~:.',, ~i ~ . ,' :~r ...... ' ' ' ~ C.r;C., ,*,k,,,,t. ,I,,,:, ,',.,.,,Ch.,,, ,tan¢ as a, condJt on precedent to ts execut on by the County, the Coqtractor ~-.'."~.;1~ :'r~.. o.(:;xe..u,od and, dellv,ered to Aging the Certification Regarding Lobbying (if paymcr-t Lm:~ .:( li~fs .\~jro.,'~rno:~[ may excee~ $100 000 - SEE FORM ATTACHED) required by ~. ~.".~ %~ !'".% ',-¢. ,t ,',',,-..~ .... - . 31 U.S.C ..... C..,.,n ,., 3..2 ,.4,,,, .,,.., ~tions tliere~nder, shall promptly advise the County of any '-""= ' "· ¢ .... , , ~nfcrmat[on reported on Such Certification and Shall otherwise mat,.,,,.,, ch,.,. ,..;,.. comply;v,',r'h; nn(: .~1;a!] H...;sist ~l~e County in bomplying with, said regulations as now in effect or as amend,.:d during.: (h.:; i'~'::m of ti;is Agreement. 23. Cooperation O'n Claims The C;dntractor agrees to render diligently to the County any and a cooperat on, without additional c~p~enSatiob, that may be required to defend the County aga nst any c a ms demand, or acboh [ha[,m~y be b~ought against the County ~n connection w~th th~s Agreement, 24. (a) The 6Ontractor shall not assign, transfer, convey, sublet, or otherwise dispose of th s Agrcemer¢ ,..,, . ~. onany.,, , of:.. ,ts ,r _~lht tit e or nterest there n, or ts power to execute th's Agreement, or assign all o(, ,aq~, .port|on of t~e monies that may be due or become due thereunder, to any other person br ¢or~Pi~t~pr~, without ihe prior consent in wdting of the County, and any attempt to do any of the foregoirfg, withOUt such consent shall be of no effect. (b) 7'he Contractor shall not enter into subcontracts for any of the work contem lated under t~is Agre. em~nt w tbbut obta n ng pr or written approva of Aging. Such subcontractspshal be subject to,al[~of~he prows~ons of this Agreement and to such other conditions and provisions as Aging may deem necessary; provided, however, that notwithstanding the foregoing, unless other~viSe provided;in this Agreement, such prior wdtten approval shall not be required for the purchase of ar[icles, supplies, equipment and services which are incidental to, but necessary for, the performance of the work req uired under this Agreement. No approval by Aging of any su ~con~ract shall provide for the incurrence of any obligation by the County in addition to the total agreed ,upon price. The Contractor shall: be responsible for the performance of any subcontractor for the delivery of service. 25. Termination .. (a) If the Contractor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor becomes bankrupt or insolvent or falsifies its records or reports, or misuses its funds from whatever source, the County may terminate this Agreement in AG A1 (1/99) Page 11 of 12 pages of Exhibit A1 agal'standard clauses~.doc whole or with respect to any identifiable part of the program, effective immediately, or, at its option, effective at a later date specified in the notice of such termination to the Contractor. (b) If the County shall deem it in its best interest to terminate this Agreement in whole or with respect to any identifiable part of the program, it shall have the right to do so by giving not less than thirty (30) days' prior written notice to the Contractor. (c) The Contractor may terminate this Agreement by giving not tess than sixty (60) days' prior written notice (or thirty (30) days' prior written notice if substantial breach of contract is involved) to the Director of Aging, specifying the reasons for termination and the effective date of termination. (d) The County shall be released from any and all responsibilities and obligations arising from the Program covered by this Agreement, effective as of the date of termination, but the County shall be responsible for payment of all claims for services provided and costs incurred by the Contractor prior to termination of this Agreement, that are pursuant to, and after the Contractor's compliance with, the terms and conditions of this Agreement. (e) Notice of termination must be in writing, signed by an authorized offioia!, and sent to the other party by certified mail, or by messenger, and receipt shall be requested. Notice of termination shall be deemed delivered as of the date of its posting by certified mail or at the time ~t is delivered to the other party by messenger. 26. Severability; No Implied Waiver (a) It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall, to any extent; be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby; and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (b) No waiver shall be inferred from any failure or forbearance of the County to enforce any provision of this Agreement in any particular instance or instances, but the same shall otherwise remain in full force and effect notwithstanding any such failure or forbearance. 27. Merger; No Oral Changes It is expressly agreed that this Agreement represents the entire agreement of the parties, that all previous understandings are merged in this Agreement, and that no modification of this Agreement shall be valid unless written and executed by both parties. End of Text of Exhibit A1 AG A1 (1/99) Page 12 of 12 pages of Exhibit A1 agal(standard ctauses)~doc Exhibit A2 1. 6. 7. 8. TABLE OF CONTENTS - STANDARD BUDGET CLAUSES ...................................................... 1 PAYMENT .FOR SERVICES ....................................................................................... 1 (a) Limit of County's Obligations ........................................................................... 1 (b) Budget; Expenditure Limitations ...................................................................... 1 (c) Claims .............................................................................................................. 1 (d) Advance Payment Schedule ............................................................................ 1 (e') Final, Voucher. ................................................................................................ 2 ¢) Level of' Se~ice ............................................................................................. 2 ¢); ' Pa~nents Not To Exceed Net Expenditures .................................................... 2 (~) Salarie, s ...... : ..................................................................................................... 2 (iD' Actual ~ringeBenefit Costs ............................................................................. 2 ~ Travel ~0sts ..................................................................................................... 3 (~') Conbae(or's Staff ............................................................................................ 3 ([~ Sala~ increases .............................................................................................. 3 (~) Bud~e~Deficiency Plan .................................................................................... 3 PERSONNEL SALARIES, PENSION AND EMPLOYEE BENEFIT P~N, RULES AND PROTECTION ................................................................................................... 4 FINANCIAL, STATEMENTS AND AUDIT REQUIREMENTS ..................................... 3 FURNITURE, FIXTURES, EQUIPMENT, ETC ................................................ 5 (a) Purchases, Etc. Requiring Prior Approval ........................................................ 5 (b) PUrchase Practices ........................................................................... 5 (c~ Propdeta~ Interest of County .......................................................................... 5 (d~) Invento~ Records, Control and Repo~s .......................................................... 6 (~) Protection of Prope~y in Contracto¢s Custody ................................................ 6 (0 Disposition of Prope~y in COntractor's Custody .............................................. 6 LEASE OR RENTAL AGREEMENTS ........................................................................ 7 LOAN APPROVAL ..................................................................................................... 7 CONTRACTOR'S STAFF ........................................................................................... 7 STATEMENT OF OTHER CONTACTS .................................................................. 7 AGA2(5/01) AGA2ibudget clauses) ,! Exhibit A2 - Standard Budget Clauses 1. Payment For Services (a) Limit of County's Obligations The maximum amount to be paid by the County as set forth on the cover page of this Agreement shall constitute the full obligation of the County in connection with this Agreement and any matter arising therefrom. (b) Budget; Expenditure Limitations The attached budget, designated Exhibit C, and any subsequent, amended or modified budget, all of which are hereby made part of this Agreement and each of which is herein referred to as the "Budget", lists and shall list all personnel and all other costs of services to be rendered by the Contractor under this Agreement, less revenue and other offsets, if any, for the pedod of time to which it relates (the "Budget Period"), and the net amount of each Budget shall not exceed the applicable Total Cost of Agreement specified on the cover page of this Agreement or on the cover page of the applicable amendment/extension agreement, representing the total net operat- ing cost to the County of the Program for the Budget Period. Any changes in the total Budget amount shall require an amendment to this Agreement signed by the parties. Other Budget changes require a written request in advance by the Contractor to Aging on forms prescribed by the County and after receipt by the Contractor of signed approval on said forms by the Director of Aging or her designee and by the County's Budget Office, The Contractor agrees that its ex- penditures shall conform to applicable provisions of the State and Local Finance Laws and cus- tomary prevailing governmental practices and standards. (c) Claims In consideration of the Contractor's compliance with all of the requirements of this Agree- ment that should have been performed by it at the time of claim submission, the County shall pay the Contractor a sum not to exceed the Total Cost of Agreement on the cover page of this Agreement, to be paid in accordance with the Budget upon presentation by the Contractor of monthly claims, accompanied by appropriate reports and documentation providing acceptable evidence in support of said services and costs, in such form as prescribed by the County and af- ter audit and approval by the County. Payments by the County for Contractor expenditures shall be made only for services actually performed and for reimbursements only of actual cash expenditures made pdor to the date of claim submission. No claims shall be payable until the Contractor complies with all requirements in this Agreement that should have been complied with on or before submission of such claims. All claims and forms must be signed in ink by duly author- ized persons, and certification of such authorization with certified specimen signatures thereon must be filed with Aging by a Contractor official empowered to sign this Agreement. (d) Advance Payment Schedule Notwithstanding the foregoing provisions, if a payment schedule is annexed to the Budget, an amount equal to two-twelfths (2/12ths) of the Total Cost of the Agreement for the Budget Pe- riod shall be advanced to the Contractor for guarantees of availability of services and as consid- eration. Unless the payment schedule provides otherwise, one-twelfth (1/12th) of the advance shall be recouped by deduction from the approved amount of actual expenses for each month of the Budget Period, as more particularly provided in the payment schedule and, with regard to the last month of the Budget Period, in the subparagraphs below headed, "Final Voucher". AGA2 (5/01) Page 1 of 7 pages of Exhibit A2 AGA2(budget clauses) (e) Final Voucher '" · : ""' :~' ,~i~¢,- Upon, termination or e×pJ~ation of this Agreement. or prior to the payment of reimbursement for actual expenses of the last month of the Budget Period, or prior to any payment for a subse- quent Budget Period or under a subsequent agreement between the parties, a determination shai[ be made of the total amount of,the payments (~nitiat advance-plus.reimbursements, net of re- coupments of advance) made during the Budget Period and the total amour~t of~;~he allowable ex- penditures (net of program in~e or other deductions) incurred during the sam~ Budget'Period. The determinat~¢~.s,~a[] result none, o¢ thee fo t~w rig: (i,) If ~e Contractor's total net expenses are greater than the ~tal amount of the payments made during the Budget Period, the claim Corm w~l] be ~rocessed for the ~a an6e, d~e ~e Cont~to~ Oi) rf~e Cbn[~pKs, te~l n~p~gses are lg~:tha~ t~e~to¢~l' amountof ~be,:pa~en~, ma~e dUr!P~B~get-Pe~d, :~bS~StOr.sh~l) (O~e d florence ~¢en the {we ~ouB~ a r~p~] ~etiver such oh~k t6 the C~u~ ¢ith a~d,~,f~rm (s~.da~d Suffet~un~ Pay- ment Vouch6r) ~db[ng the repaym~t. (0 Level of Semite The Oontrac~r agrees that where a minimum level of se~ice is not provided as set fo~h in Exhibit B, Aging may require the reduction of Contractor staff and costs or terminate this Agreement after giving not[~ in accordance with the provisions beaded, "Termination", of Exhibil Al. (g) Payments Not To Exceed Net Expenditures The Contractor agrees that if, [or any reason whatsoever, the Contractor shall spend dur- ing the term of the Agr, eement for the purposes set forth herein an amount less than agreed, the total County payment;hei-ein shall: be reduced to the amount of approved actual Contractor ex- penditures made for such purposes, and that the total amount to be paid by the County during the contract term shall not exceed, approved acttzal net expenditures or the Total Cost of the Agree- ment on the cover p~e and in the Bridget', whichever is less. (h) Salaries, Salary reimbum, ement shall be exclusive of and separate from employee share of with- holding taxes. WithhO?ding taxes are reimbursable only upon proof of deposit or payment to the Federal State' g0vernh~ents. (i) Actual Fringe Benefit Costs Fringe 'benefitS claims should be based on actual costs. However if the Contractor pays some or all fringe berteff[s on. a quarterly, semiannual or annual or basis, it may make monthly claims for such fringe~benefits based on an estimated percentage of each eligible individual's sal- ary, except that'the cl,~im sdbmitted for the last mc~nth of eachl Budget Period must include an ad- justment for:fringe be~efit'expense changing it from est mated to actua c, ost or the Contractor may nclude such adj~istment n ts supplementary c a m subm tted not more than fifty (50) days after the end of the B,udgst Period. If such adjustment is not submitted with the claim for the last month of the Budget Period, Aging may place such claim in reserve pending receipt and audit of the fringe benefit adjustment claim. The County may recoup any overpayment from any SUDSe- AGA2 (5/01) Page 2 of 7 pages of Exhibit A2 AGA2(budget erauses) quent claim, or the Contractor shall promptly repay to the County any overpayment on demand. Furthermore, the Contractor agrees that alt payments received by the Contractor for all items, including employee benefits, under this Agreement, are subject to adjustment as finally deter- mined by post-audit, as more particularly provided in the paragraph below headed, "Financial Statements and Audit Requirements", and that no indirect or overhead charges or any interest costs are to be included, unless specifically included in the Budget. (j) Travel Costs The Contractor agrees that reimbursement for travel and conference costs will not exceed amounts allowed County employees. (k) Contractors Staff The County shall have the right to prior approval of the filling of any position now vacant or hereafter becoming vacant and may, in the exercise of that right, promulgate reasonable regula- tions involving position control which shall, when promulgated, be deemed to be incorporated by reference in and be made part of this Agreement. Paragraph 7 of this Exhibit A2 establishes the current procedure for approval of such staff and may be modified in the event of notification under a County budget deficiency plan as provided below. (I) Salary Increases No salary, wage or other compensation for services shall be increased over the amount stated in the Budget without the prior written approval of the County. (m) Budget Deficiency Plan The County has imposed and may impose a budget deficiency plan(s). Upon written notifi- cation from Aging, the Contractor shall comply with the same restrictions as are imposed upon Aging, a copy of which will be furnished with such notification and shall thereupon be deemed to be incorporated by reference in and made part of this Agreement. 2. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures Whenever requested by Aging or the Department of Audit and Control, the Contractor shall submit to Aging a certified copy of its current salary scale for all positions listed in the Budget, a copy of its personnel rules and procedures and any subsequent modifications thereof, a copy of its pension plan and any other employee benefit plans or arrangements, and any amend- merits thereto, for review and approval, and such additional financial information in connection therewith, as may reasonably be requested by Aging or the Department of Audit and Control. The Contractor shall not be entitled to reimbursement for costs under any such plans or arrange- ments that are unreasonable in the opinion of the Suffolk County Comptroller when compared to current market costs for similar plans or arrangements between unrelated parties. In the case of any such plan or arrangement that is self-funded by the Contractor directly or by payments to a related entity, upon request by Aging or t,he Department of Audit and Control, the Contractor shall submit a reconciliation of the total amount claimed for reimbursement of payments under such plan or arrangement with actual costs incurred, and any auditable administrative or claims processing expenses, by the Contractor or related entity on behalf of the Contractor and its em- ployees. AGA2 (5/01) Page 3 of 7 pages of Exhibit A2 AGA2(budget clauses) ,3. Financial Statements andAudit Rei;[ui[ements (a) Notwithstanding any other reporting or certification requirements of Federal, State or local authorities, the Contractor shall obtain the services of an independent licensed public ac- countant or certified public accountant (the "Auditor") to aqdit its financial statements for each :Contractor fiscal year n which the Contractor has J-eSeived or w I rece ve, $300,000 or more from the County, whether under this Agreement o~ etherw'se, and shall submit a report on the ~dition and~opera~jons of rhe Contractor, indudi;ng a t)alance sheet and.state- , a~tested by the Audi~r, as fa~ly and~-adcurately ref!ecting the'ac- ' ~anc¢ witk genera~ly accepted ~ccdunting principles. jests fa~ propos~]s.(RFP~s) from'a number of qualified costs Of,. and qualificationS:.for; ~iS ~;yl~e 6f. We~k . - should be required to meet the following,~inimum,requirements: - ~i) : ¢~q,urrent license issued by the New York State Education Department; 09 . ~Ls~l,qent auditing experience in the nonpr~of t, govemment~ or profit-making aress, as applicable; and ¢ii) a satLsfacto~ peer review issued within not more than three years prior to the date when the Auditor was selected to conduct the audit. (c) The audit must be conducted in accordance with generally accepted governmental auditing standards (GAGAS). Financial statements must clearly differentiate between County-funded programs a~d other programs that the Contractor may be operating. The use of subsidiary schedules shpuld be encouraged for this purpose. The Auditor must also prepare a management letter based on the audit. (d) .Furthermore, if the Contractor is a non-profit organization or unit of local govern- ment and exp,ends $300,000 or more of Federal monies, whether as a recipient expending awards received direc~tly from Federal awarding agencies, or as a subrecipient expending Federal awards rece ved from.a pass-through en{ity such as New York State or Suffolk Couaty, d:uring any fiscal period within which t receives funding under this Agreement Cfjscal year"), the audit must be con- ducted, and the audit.repOrt ("Sir~gle Audit Report") must be, in accordance with OMB Circular No. A-133 (revised June 24, 1997). Single Audit Reports must also be submitted tothe designated clearinghouse cognizant agency and/or pass-through entity, to.the extent, required'bythe OMB Circular just ~referr~d~ to. (e) Thee Contractor must submit a statement in writing, certified by its chief financial officer, Which ~t~t,es.th.~ amount ~f Federal funding expended by the c°ntract0r during such fiscal year. The Contractor .~.ust ma I pr deliver the certified statement ~o Aging a ~nd to Elizabeth Tesoriero Exe..c.u. tiV~ E~ir'ec!or of Auditing Services, Suffolk Coun.ty Department:0f Audit and Control H. Le~.Oenni~on Building, 1'00 Veterans Memorial Highway, P. O. B0~ 6100, 'Hauppauge, New Yo~k 11Z~-0099' as soon as poss b e after the end of th~'ContraCt°r'~ ~ ~cd veer The statement should nc[ude/~LL Federa fund ng rece ved d rect y from the Federa gdvernment and ALL Federal funds passed'through from the County and other pass-throagh er~ities (f) Copiesof:a fnanca statements, management etters SngeAudtReport~(ifap- phcable)' and, other aud~l!, reports, iif required, must be transmitted to Aging and?to MS. Tesonero at the address/u~ Set for~. ~he r~,pOrts must be submitted Within th rty (30) days! after comp etlon AGA2 (5/01) Page 4 of 7 pages of Exhibit A2 AGA2(budget clauses) of the audit, but in no event later than nine (9) months after the end of the Contractor's fiscal pe- riod to which the audit relates. (g) These requirements do not preclude Aging or the Suffolk County Comptroller or their authorized representatives or Federal or State auditors from auditing the records of the Con- tractor. Therefore, the records of the Contractor must be made available to authorized represen- tatives of Federal, State or County government for that purpose. (h) All payments made under this Agreement are subject to audit by the Suffolk County Comptroller pursuant to Article V of the Suffolk County Charter. If the Contractor fails to cooper- ate with an audit by the Comptroller, the County shall have the right to suspend or partially with- hold payments under this Agreement or under any other agreement between the parties until such cooperation is forthcoming. If such an audit discloses overpayments by the County to the Con- tractor, within thirty (30) days after the issuance of an official audit report by the Comptroller or his duly designated representatives, the Contractor shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no response or if satisfactory repayments are not made, the County may recoup overpayments from any amounts due or becoming due to the Contractor from the County under this Agreement or otherwise. (i) The provisions of this paragraph shall survive the expiration or termination of the Agreement. 4. Furniture, Fixtures, Equipment, etc. (a) Purchases, Etc. Requiring Prior Approval Prior to placing any order to purchase, rent or lease any furniture, fixtures, or equipment, (i) valued in excess of five hundred dollars I$500.00) per unit, or (ii) included but not itemized, in the Budget, the Contractor shall submit to the County a written request for approval to make such a proposed purchase, rental, or lease, with a list showing the quantity and description of each item, its intended location and use, estimated unit price or cost, extended price or cost and estimated total cost of the proposed order. Written approval of the County is required before the Contrac- tor may proceed with the proposed purchase, rental, or lease of furniture, fixtures, or equipment. All items purchased will be new unless specifically described otherwise in the Budget. (b) Purchase Practices The Contractor agrees to follow all of the general practices that are designed to obtain fur- niture, fixtures, equipment, materials or supplies at the most reasonable price or cost possible. The County reserves the right to purchase or obtain for the Contractor furniture, fixtures, equip- ment, materials or supplies which shall be in accordance with the programmatic needs of this Agreement. 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 pur- pose whatsoever. Title to any such items purchased or otherwise obtained by the County for the Program and entrusted to the Contractor shall remain in the County, and the Contractor shall atta ch labels indicating the County's ownership if the County has not done so. (c) Proprietary Interest of County The County shall retain a proprietary interest in all furniture, removable fixtures, equip- ment, materials or supplies purchased or obtained by the Contractor and paid foror reimbursed to the Contractor pursuant to the terms of this Agreement or any prior agreement. Upon the ter- AGA2 (5/01) Page 5 of 7 pages of Exhibit A2 AGA2_(budget clauses) ruination of'this Agreement, or of any. renewal [~¢~,':t~ ~la¢0htihuance o1: the business of the Contractor, the failure of the Contractor to comply with the terms of this Agreement, the bank- ruptcy of the Contractor, an assignment for the benefit of its creditors or the failure of the Con- tractor to satisfy any judgment against it within thirty (30) days of filing, the County shall have the right to take title to and pessess on of all such furniture, removable fixtures, equ.ipment, materia s a~d sCppiie.s,.,~and the~ s~m~ st~all the~-eupon become [he property ?f the, Co0nt¥ WithOUt any.c a m for r~imbdrs'em'?t ~n the pert ~fth~ Coh~actgr: As d~e~te~ b~he, Ooun:ty, ~h,e...C°r~tra~r shall a~ach d~eh~ifying labels o~ a~l'l furnKure~ removable fi~tu.res and equ'ipr~ent i~dicsting the proprietary interest of ,the County. :(d) , friven~o~Reco'rds, Controls and Reports l cqn~role for a ali rds. Con- to ti tractor the furniture, burglar furniture,: shall ~ U any renewal aooe,, designee ef tracb property was settlem( and reg take all reasonable precautions to protect the orsupplie~ i~ its cu~o,dy!ag~inst damage or oss by f re, or misuse,f I'n the ;e~sr~ of burglary, theft, vandalism or pplies, the Contractor lng a record of the results of [ be rdaide the~on. In ~tll.,e event~f,lo~s of or damage to any item of orlSupplies fi;bm an~{~au~e, the Coritract6¥ immediately report thereon. Disposifign of Property in ContraCtor's Custody of the County's fending of the Program covered by this Agreement or by the County may direct, the Contractor shall make physical removal by the County or its removableifixtures, e,quipmeBt, materials or supplies in the Con- ' has a proprietary interest, in the same condition as such reasonabl¢.~ear and tear excepted. Any disposition, f shall be in accordance with the rules ~e State of New York. AGA2 (5/01) Page 6 of 7 pages of Exhibit A2 AGA2(budget clauses) 5. Lease or Rental Agreements if lease payments or rental costs are included in the Budget as an item of expense reim- bursable by the County, the Contractor agrees to submit to Aging, on request, any lease and/or rental agreement that the Contractor has entered into for space, furniture, fixtures or equipment for the program and, in advance, any such new or renewal lease or agreement during the term of this Agreement, accompanied (in the case of a lease of space) by a detailed layout of the prem- ises, which indicates the space that is to be occupied by the County-funded program. 6. Loan Approval The Contractor agrees that, in the event that the County provides funding (under this Agreement and otherwise) exceeding in the aggregate 20 percent of the Contractor's total fund- ing for all of its operations from all sources, then the Contractor must secure the prior approval of the County for any loan in excess of $5,000.00. 7, Contractor's Staff (a) The Contractor, at its own expense, agrees to furnish to Aging resumes of ail per- sonnel to be hired for the program referred to in this Agreement, prior to their being hired. Re- sumes shall include, but not be limited to: (i) Previous job titles(s) of the individual employee and the length of em- ployment under each title; and/or (ii) Previous experience and length of previous experience with a task or tasks similar or equal to the program. (b) The Contractor agrees to furnish to the County letter(s) regarding all personnel to be hired for the program. The letter(s) shall include, but not be limited to: (i)The specific tasks to be performed by the individual em ployees during the course of the program; (ii) Salaries and hours to be worked by the individual employees during the course of the program. (c) The County reserves the dght to approve principal program personnel proposed by the Contractor at the time of entering into this Agreement. Reasons for the County not approv- ing said personnel shall be for lack of qualification or lack of demonstration by the Contractor that said proposed personnel will not have a deleterious effect on the proper and efficient operation of the program. SEE ALSO PARAGRAPH 1 (k) OF THIS EXHIBIT A2. 8. Statement of Other Contracts The Contractor has attached, and in the event of any change, will attach to any extension agreement/amendment of this Agreement, a Statement of Other Contracts in the form annexed to this Agreement. The Contractor represents and warrants that any such Statement of Other Con- tracts is and will be a complete list of afl other contracts (i) which are currently in effect or(ii) which have expired within the past 12 months and have not been renewed, and under which funds have been, are being or will be received by the Contractor from any department or agency of the County, the United States of America, the State of New York or other municipalities or organiza- tions. End of Text of Exhibit A2. AGA2 (5/01) Page 7 of 7 pages of Exhibit A2 AGA2(budget clauses) Law No:'AG006M/00 ~06R ~Re~-. 9/5103 ~-- ,. Community Services for the Elderly - Residential Repair IFMS 'No. SCS ~EXE 0000000 ~No. 001-6777-4980-95285- Exhibit B Program Specifications for the Residential. Repair Program 1. Goals Of Program The intended outcome of the Residential Repair program is to provide persons aged sixty or over;_w~p ,a~e~ ir~ ~eed, ~i~th .rep~ir~a~d ~en~v.a, tion to, include minor repairs to upgrade ~ ~ubstand~d, u~suit~bJe or unsa~b h0u'singi'~QcJ[~ing 5d{ not limited to han'dicappea m?difica!ions or crime:prevention modifications. 2. General ~n geqer,~!, but without limitation, the Contractor shall be required to meet the criteria listed below:" ' ~' , , ' ,~.,li~ible persons are those age sixty and over who are incapable of maintaining their homes ¢~cause Of illness, incapacity Or handicap or absence of a caretaker relative. Priority rdust be given to servicing those elderly who are disabled/frail, Iow income, minority; or isolated as identified by New York State as the target population. Persons eligible for or receiving the same or a similar service under another government-funded progra,~ ,are not eligible for this service~.. However, determination of eligibility must. be done on an'in~U~vidu&l basis recognizing spe(~ific; circumstances as they pertain to the person's ~,eed.~ ~'i a. - * One, unit of service is equal to one hour of residential repaidrenovation service. b. ~Th,e 6o,ntractor may not impose a means test of eligibility. No income or asset information may be used tO determine eligibility for s~rvice notw thstanding any other provisions of this Agreement. c. The Contractor has the obligation to inform each recipient of the service of the opportunity to make a free, willing and anonymous contribution toward the cost of the service. Service may no:[ be denied, however, if a person is unable or unwilling to make a contribution. The Contractor must maintain an audit trail of all ~coming contributions and make monthly reports of any contribution received. All contributions must be used to enhance services. Ail printed materials used for the program must include the sources Of funding for the program and must include the fo/lowing information as provided in 84-PI-6: Contributions to this (these) service(s) are free and voluntary. Any contribution you wish to make wilt be used to expand the program and will be greatly appreciated. Each recipient of service must be informed in writing of the opportunity to contribute upon completion of the repair/renovation. Page I of 4 pages of Exhibit B AG6 CSE Res Rpr Sohold NEW 03 Law No. AG00CJM/00 -06R Rev. 9/5/03 Community Services for the Elderly - Residential Repair IFMS No. SCS EXE 0000000 Nc. 00!-6777-4980-95285- 3. Targeting And Outreach The Contractor agrees to give preference in providing services to older individuals with the greatest economic or social needs with 3articular attention to low-income minority individuals. (42 U.S.C. §3025 (a) (1) (E)). The term "greatest economic need" is defined as the need resulting from an income at or below the poverty levels as established by the Office of Management and Budget. The term "greatest social need" refers to the need caused by non-economic factors which include physical and mental abilities, language barriers, and cultural, social or geographical isolation including that caused by racial or ethnic status which restricts an individual's ability to perform normal daily tasks or which threatens such individual's capacity to live independently. (42 U.S.C. §302(21 )). The following four target groups have been identified as having the greatest economic and social needs: minorities, Iow income, frail and vulnerable. In order to comply with Targeting requirements, the Contractor agrees to employ specific outreach strategies which may include, but are not limited to, tocating target populations using Census or other resource data distributing translated printed materials, location of services in catchment areas for targeted populations, publicity to community-based groups, and utilizing minority staff/volunteers. 4. Coordination The Contractor agrees to coordinate the delivery of services with other providers and organizations to provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish this, the Contractor will undertake activities such as but not limited to participation in inter-agency meetings, coordination of referrals and follow-ups with other local service providers, entedng 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. 5. Reporting Requirements The Contractor must at a minimum determine and maintain the following specific type of demographic information for each individual receiving services: · Name. · Sex; · Age. · Disabled/Frail. Disabled - Any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment. This includes alcoholism and drug addiction. Frail -A person with one or more functional deficits in the following areas: physical functions; mental functions; activities of daily living (ADL) (eating, bed/chair transfer, dressing, bathing, toileting and Page 2 of 4 pages of Exhibit B AG6 CSE Res Rpr Sohold NEW 03 ].aw ~.~G'008M)0O ~'06R Rev. /s/O3' · Community Services for the Elderly -Resldeti'~] ~Ropa]r [FIV]S NO. SCS 'EXE 0000000 No. 001-6777-4980-95285- continence); instrumental activities of daily living (IADL) (mea pre,parat, ion, housekeeping,, shopping, medications, telephone, a'nd ~none~' management). ' ' · ;Live Alone~ t. rave] · Low Income - The need resulting from an ~ncome level at or below the poverty threshold, as established by the Bureau of the Census as follows: Size of Family Unit 150% of Poverty Threshold- I $13,470/year 2 $18,180/year · Minority - Those individuals belonging to one of the f~)llowing groups: American Indian/Alaskan Native, Asia,n/Pacific Islander, Black (not of His panic Origin), and Hispanic. · Low Income Minority - Those minority persons whose income is at or below the poverty threshold. · Veteran - A man or woman who served on active duty in the Armed Forces of the U nited States and who was discharged or released under conditions other than dishonorable. The Contractor shall submit monthly reports covedng program activity, units of service and expenses, containing at least, but not limited to, the above information, to be submitted to Aging by the tenth day of the month following the period being reported, and any other reports as required by. Aging. Such reports must be on a form specified by Aging and shall comply with all procedures required by Aging for the proper payment of vouchers and audits. To insure confidentiality, program reports should not list the names of an~/clients, but may contain identifying codes to indicate particular clients served. 6, 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. All meetings and trainings required by the County are to be attended by the appropriate staff. The Contractor will have on file with Aging 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 fill ~ng of any program coordinator position and shall be advised by the Contractor of the duties and compensation of all personnel assigned to the Residential Repair Program. 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 wdtten consent to such ;disclosure, except to Aging. Page 3 of 4 pages of Exhibit B AG6 CSE Res Rpr Sohold NEW 03 L~w No. AG006M/00 -06R Rev. 9/5103 Community Services for the Elderly - Residential Repair ]FMS No. SCS EXE 0000000 No. 00t-6777-4980-95285- B. In the case of a request by Aging 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 Aging for such information shall be deemed a material breach of this Agreement and shall result in a freeze on all monies due and owing to the Contractor until compliance by the Contractor. 8. Promotions And Advertisements It is the responsibility of the Contractor to pr(~vide publicity for the program and to have an identifying logo in equal sized lettering on any printed materials and on all brochures, flyers, and advertisements (including without limitation television graphics), and on Program vehicles, as follows: Funding Provided by the Suffolk County Office for the Aging and the New York State Office for the Aging Any announcements of the Program on radio or television must identify funding in the same manner. 9. Administration Overall administration of this program will be the responsibility of the Contractor. The Contractor or its designee will insure proper implementation and direction of the program, act as liaison between Aging and the actual rec] pients of service and insure accuracy and timeliness of submission of all reporting forms and expenditures. Program Staff shall attend meetings and training as requested by Aging. 10. Monitoring a. Financial Transactions Aging's staff and staff of the New York State Office for the Aging may examine or review evidence regarding the existence, timing and classification of financial transactions that are charged to the program for reimbursement. To obtain this evidence, such staff may examine documentary evidence, including financial statements, financial reports, etc. and original records. Such staff may make physical verification by actually observing or counting certain assets (e.g., cash, equipment and supplies) to establish their physical existence. b. Program The Contractor agrees to permit Aging's staff and staff of the New York State Office for the Aging to review program records and [o monitor training, supervision and services at any time. - End Of Text Of Exhibit B - Page 4 of 4 pages of Exhibit B AG6 CSE Res Rpr Soho]d NEW 03 Law No. AGOOSM/00 Rev. 915103 Community Services for the Elderly -Residential Repair Exhibit C Town of Southold CSE Residential Repair Program April 1, 2003 - March 31, 2004 PERSONNEL Mechanic P, esidentiaI Repair Aide FRINGE TRAVEL EQUIPMENT Tools/Supplies TOTAL Less Anticipated Income NET REIMBURSEMENT ~FMS No. SCS EXEO000000 No. 001-6777-4980-95285- $1:7~342 13,988 3,354 17300 900 17158 1,158 $20~700 (700) $20;000 AG6 CSE Res Rpr Soho]d NEW 03 Suffolk County Le§is~ative Requirements Exhibit fox Contracts; last rav. 1123/03 Suffolk County Legislative Requirements Exhibit for Contracts This exhibit is attached to and is made part of the contract executed with the County. Contractor'sNendor's Public Disclosure Statement Form SCEX 22; rev. 7/16~02 (form consists of two pages; requires signature & notarization) Note: The Contractor's/Vendor's Public Disclosure Statement Form SCEX 22; rev. 7/16/02, references the following law, which is included with this Exhibit. · Suffolk County Administrative Code Section A5-7 (consists of 3 pages). Suffolk County Living Wage Requirements "Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02" (2 pages). Suffolk County Department of Labor - Living Wage Unit Declaration of Compliance - Subject to Audit Form LW-33 (consists of 1 page) II1 Gratuities IV Suffolk County Local Law No. 32-1980, Chapter 386 of the Suffolk County Code, entitled "Political Parties, Gifts to Officials Of" (2 pages) Sexual Abuse Reporting Policy Resolution No. 543 -2002, Establishing Universal Child Sexual Abuse Reporting Policy for Suffolk County (4 pages) Resolution No. 819- 2002, Modifying Universal Child Sexual Abuse Reporting Policy for Suffolk County (2 pages) Discl(>sure Statement Documents Suffolk County SCEX Form 22 Contractor's,~endor's Public Disclosure Statement / Pursuant to Section A5-7 of the Suffolk County Administrative Code, to be completed by all providers which have a contract with Suffolk County in Excess of $1,000 or have three or more contracts with Suffolk County any three of which, when combined exceed $1,000 except: (1) Hospitals, (2) Educational or Governmental Entities, (3) Not-For-Profit Corporations, or (4) Providers of Foster Care. Family Day Care or Child Protective Consulting Services. Contractor's,/~endor's Name Address ~ City and State Contracting Department's Name Address Zip Code 5.b = Payee Identification or Social Security No. Type of Business Corporation__Partnership Sole Proprietorsh p Other Is your firm entering into or has your firm entered into a contract with Suffolk County in excess of $1,000 Yes No. Has your firm entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $1,000 Yes No. If you answered yes to either part 5a or 5b, you must complete parts 6 through 9. In any event you must answer parts 10 and 11. Table of Organization. List names and addresses of ali principals; that is, ail individuals serving on the Board of Directors or comparable body, names and addresses of all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.) List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the firm. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). = 10. Does your firm derive 50% or more of its total revenue from your contractural or vendor relationship with Suffolk County? Yes If Yes, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Stdke this out if not applicable.) The undersigned shall include this Contractor'sNendor's Public Disclosure Statement with the contract (describe general nature of the contract). Page 1 of 2 SCEX Form 22 11. Remedies. The failure to file a verified public disclosure statement as required under this local law shall constitute a material breach of contract. Suffolk CounTy may resort, use or employ any re?edies contair~ed in!,Article I1 of the Uniform Commercial Code of the State of New ~ort~. in addition to all legal remedies Suffolk County shall be entitled, upon a determination:that a breach has occurred to damages equal to fifteen percent (15%) of the amount of the contract 12. Verification. This section must be signed by an officer or principal of the contractor or vendor authorized to sign for the company for the purpose of e~<ecuting eon,tracts. The undersigned ~eJng sworn, affirms under the Penalties of perjbry tho{ ~dshe has read and understood tl~e foregoing statements and that they aCe, ~o his/l~e~' 8wn knowledge, true. Dated: Printed Name of Signor: Title of-Signor: Name of F~m: Signed: Individual Proprietorship or Partnership Acknowledgement State of ) ) County of ) SS: On the day of , 20 , before me personally came · to me known and known to me to be the person described in, and who executed, the foregoing instrument, and duly acknowledged that he/she executed the same. Notary Public Corporate Acknowledgement State of ) ) County of ) SS: On the day of ,20 , before me personally came , to me known, who being duly sworn, did dispose and say that he/she resides in ., that he/she is the of corporation described in and which executed the foregoing instrument;,..that he/she knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was So affixed by the order of the board of directors of such corporation, and that he/she signed his/her name thereto by like order. Notary Public SCEX Form 22 (Rev. 7/16/02) Reference: Suffolk County Administrative Code Section A$-7 Page 2 of 2 SCEX Form 22 SUFFOLK COUNTY ADMINISTRATIVE CODE SECTION A5-7 § A5-7. Contractors and vendors required to submit full disclosure statement. [Derived from L.L. No. 14-1976, .as amended 2-27-1979 by LL No. 6-1979] A. Definitions. As used in this section, the following terms shall have the meanings indicated: CONTRACT - Any written agreement between Suffolk County and a contractor or vendor to do or perform any kind of labor, service, purchase, construction or public work, unless the contract is for a federally or state- aided, in whole or in part, program required to be bid pursuant to § 103 of the New York General Municipal Law. [Amended 6-29-1993 by L.L. No. 28-1993~] NOTE: L.L. No. 28-1993 also provided as follows: Section 1. Legislative Intent. This Legislature hereby finds and determines that Suffolk County's comprehensive Contractor/Vendor Public Disclosure Statement Law currently applies to a broad array of contracts that exceed one thousand dollars ($%000.) in value, subject to exemptions for contractors doing business with the County Department of Social Services; hospitals; educational, medical, and governmental entities; and not-for-profit corporations. This Legislature further finds and determines that these exemptions prevent full ,.disclosure of important information that may be useful to elected county officials in determining whether or not specific types of contracts are in the public interest, especially in light of recent trends towards privatization and use of outside consultants on an increased basis by municipalities, Therefore, the purpose of this law is to eliminate many of the exemptions from completing and filing verified public disclosure statements with the County Comptroller available to certain contractors providing social services or health services contracts. CONTRACTOR or VENDOR [Amended 12-18-1990 by L.L No, 41- 19902; 6-29-1993 by L.L. No, 28-19933] - Any proprietorship, partnership or closely held corporation which has a contract with Suffolk County in excess of one thousand dollars ($1,000.) or which has three (3) or more contracts with Suffolk County, any three (3) of which, when combined, exceed one thousand dollars ($1,000.), except: (1) Hospitals. (2) Educational or governmental entities. I Editor's Note: This local law was adopted bY the legislature after disapproval by the Executive on 5-26-1993. 2 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 12-13-1990. See the note at § A4-12. 3 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 5-26-1993. See note above. Page 1 of 3 {3) Not-for-profit corpdrations. (4) C0ntra.c, ts providing for. foster care, family day-care providers or child '. p rotect~¥~'cor~sultihg services, FULL DISCLOSURE CLAUSE - A proviso to be included as a material part of a contract imposing upon the contractor or vendor a material contractual and statutory duty to file a verified public d sctosure statement VERIFIED PUBLIC D$SCLOSU.RE STATEMENT - A declaration, the contents of which are, acknowledged before a notary publiC, containing information .re'quired Etflaer thiS'~bction. ' A fulI disclosure clause is to:Be included in all future contracts between Suffolk Coun~y;?and~a Contractor or vendor. Such full disclosure clause shalt, c0nstftCe a'm~teda't part Of the contract. C. Noticeof the t~ull disclosure clause shall be included and made a part of the specifications, ~ any, which are submitted to interested potential bidders. Each contractor or vendor shall file a verified public disclosure statement with the Comptroller of Suffolk County as soon as practicable prior to being awarded the contract, An updated disclosure statement shall be filed by the contractor or vendor with the Comptroller by the 31st day of January in each year of the contract's duration. It shall be the duty of the Comptroller to accept and file such statements. No contract shall be awarded to any contractor or vendor, as defined in this section, unless prior to such award a verified public disclosure statement is filed with the Comptroller as provided in this section. Any verified public disclosure statement containing fraudulent information shall constitute, for all purposes, a failure tofile such statement in the first instance. F. The verified public disclosure statement required by this section shall include: (1) A complete list of the names and addresses of those individual shareholders holding more than five-percent interest in the firm. (2) The table of organization for the company shall include the names and addresses of all individuals serving on the board of directors or comparable body, the names and addresses of all' partners and the names and addresses of all corporate officers. The contractor or vendor shall conspicuously identify any such person in this table of organization who is an officer or an employee of Suffolk County. Page 2 of 3 (3) A complete financial statement listing all assets and liabilities as well as a profit-and-loss statement, certified by a certified public accountant. Such statement shall be the most current available and in no event shall have been prepared more than six (6) months prior to the date of the filing of the bid. No financial statement or profit-and-loss statement shall be required from any contractor or vendor having fifty percent (50%) or more of their gross revenues from sources other than the County of Suffolk. A separate folio for each company shall be maintained alphabetically for public inspection by the Comptroller. Remedies. The failure to file a verified public disclosure statement as required under this section shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article 2 of the Uniform Commercial Code of the State of New York. In addition to alt legal remedies, Suffolk.County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. Under no circumstances shall the county be precluded from invoking any remedy oontained in the preceding section by reason of its failure to invoke promptly its remedies. Page 3 of 3 II Living, Wage Documents Suffo!k County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Depa~ment of Labor on 10/22102 Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22102 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, "A Local Law to Implement Living Wage Policy for the County of Suffolk" (the "Living Wage Law"), all RFPs, County contracts and financial assistance agreements subject to the law shall contain the following two paragraphs or substantially equivalent language: This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, or a waiver is granted, all employers (as defined) under service contracts and recipients of county financial assistance, (as defined) shall provide payment of a minimum wage to employees (as defined) of $9.00 per hour with health benefits of at least $1.25 per hour or otherwise $10.25 per hour. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law, of the County of Suffolk. Under the provisions of the Li~ing Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Suffolk County Local Law No. 18~2002, "A Local Law to Implement Living Wage Policy for the County of Suffolk" provided for certain amendments to the Living Wage Law. Forms for Completion and/or Signature (as applicable) Suffolk County Department of Labor- Living Wage Unit Notice of Application for County Assistance (Contract) Form LW-1 (consists of 1 page) Suffolk County Department of Labor - Living Wage Unit Certification of Compliance Form LW-2 (consists of 1 page) Suffolk County Department of Labor- Living Wage Unit Certification of the Non-Applicability of the Living Wage Law Form LW-3 (consists of 2 pages) Suffolk County Department of Labor - Living Wage Unit Request for General Living Wage Exemption Form LW-4 (consists of 1 page) Suffolk County Department of Labor - Living Wage Unit. Request for Specific Living Wage Exemption Form LW-5 (consists of 2 pages) lof2 pages S~ffolk County Living Wage Requir~,ements E~hib Last Revised by the suffolk C0~nty Department 0{ ~bor on 10/:22/02 Suffolk County Department of Labor -Living Wage Unit Declaration of Compliance - Subject to Audit .Form: L:W~33 {consists of 1 page) Note: Pursuant to Section 7 of Local Law No.18- 2002, "A Local Law to Implement Liviqg Wage Policy for County of Suffolk". all covered employers subject to the provisions of the Living Wage Law shall sub mit a completed and sworn (under penalty of perjury) Certification of Compliance Subject to Audit forT, signed by an authorized representative, as part of an executed contract Win'the CP.ur~y Of,~Suffo~k The ~ompJete Declara~;ibq i~f'Cbmp~ance form shal be ma,de a p~[t qf any e)cecuted cohtract Or .projeCt agre.e, ment and made'avadable t(~'~e p~Jb;li~: up:oh ~'eques[ · To certify Living Wage compliance: Return Form LW-1, Form LW-2 and Form LW-33. or · To certify non-applicability of Livin~g Wage law: Return Form LW-3. or · To request and document a genera v ng wage exemption: Return Form LW-1, LW-2 and Form LW-4. or · To request and document a specific living wage exemption: Return Form LW-1, LW-2 and Form LW-5. In the event that there is a change in circumstances, it is the Contractor's responsibility to submit to the County additional Living Wage forms which either replace or supplement prior submissions of LiVing Wage forms. Living Wage Law Information Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations Can be found on the Suffolk County web site at www.co.suffolk.ny.us Click Department Directory Labor Living Wage Law Info Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808 End of Text for Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 2 of 2 pages SUFFOLK COUNTY DEPARTMENT OF LABOR -LJVJNG WA GE UNIT DECLARATION OF COMPLIANCE - SUBJECT TO AUDIT Living Wage Law, Suffolk County Code, Chapter 347 (200I) To Be Completed By Applicant/Employer/Contractor I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 1242001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract where this company has received Assistance, from the County of Suffolk as defined in the Law (Assistance), a wage rate of no less than $9.00 per hour worked with health benefits, as described in the Law, or otherwise $10.25 per hour or the rates as may be adjusted annually in accordance with the Law. (Chapter 347-3 B) I/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies property or uses equipment or property that is improved or developed as a result o~' Assistance or any contractor or subcontractor of this company that employs at least ten (I0) persons in producing or providing goods or services to this company that are used in the project or matter for which this company has received Assistance shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) 12we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regxflation under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of compliance is longer. All payroll and benefit records required by the County wilt be maintained for inspection for a similar period of time. In addition, an annual report of employment acuvities, including relevant particulars of each covered employee, will be provided to the County for their files. (Chapter 347-7 E) The County Department of Labor shall review the records of any Covered Employer at least once every three years to verify compliance with the provisions of the Law. (Chapter 347-4 C) I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized toyvide this certification, and that the above is tree and correct. Signam~/q/ Date do huo_ Y ]-torfon , cz/gerv/ oi /73 Print Name & Title County Vendor # (if known) Company Name Phone Federal Employer ID# LW-33 ,Gratuities §386-1 GIFTS TO PARTY OFFICIALS §386-1 CHAPTER 386 POLITICAL PARTIES, GIFTS TO OFFICIALS OF § 386-1. § 386-2. § 386-3. § 386-4. § 386-5. Definitions. Prohibited acts. Clause required in alt contracts. Penalties for offenses. Excepted contributions. [HISTORY: Adopted by the Suffolk County Legislature 12-9-80 as L.L. No. 32-1980. Amendments noted where applicable.] §386-1. Definitions. As used in this chapter, the following terms shall have meanings indicated: AGREEMENT -Any written or oral contract or any implied contract, including but not limited to a contract for the sale of goods or services, a construction contract or a lease or contract relating to real or personal property. The term "agreement" shall also include any transaction whereby a person agrees to sell goods or services, or both, to the county pursuant to a successful bid. GRATUITY -Any money, benefit, entertainment, gift or any other consideration whatsoever. OFFICIAL OF A POLITICAL PARTY -A party officer as defined by §1-104, Subdivision 5, of the Election Law. PERSON -Any individual, partnership, firm, corporation or other legal entity, as well as their employees, agents or representatives. POLITICAL PARTY -A party as defined by § 1-104, Subdivision 3, of the Election Law. § 386-2. Prohibited acts. It shall be a crime for any person to offer or give any gratuity to an official of any political party with the purpose of intent of securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of any determination with respect to the performance of an agreement. Page 1 of 2 B. /t shall be a crime for an official of a po/~t~i~..al party to solicit, receive or accept'a gratuity in connection With securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of a determination with respect to the performance of such agreement. § 386;3. Clause required in all contracts. In all agreements with the County of Suffolk made after the effective date of this chapter, there shall be wdtten representation by the person entering the agreement with the county that'he has not offere~ or given any gratuity to any official. employee or age~i~.(~f Suffolk County er,New Yor, k State or of any political party, with the purpose;or ~ent of.securing ~n agreement or securing favorable ~reatment with respect, to the awarding or amending of an agreement or the making of any determina¢ons wit~ re. spect to the performance of an agreement, and that such perCer~ h¢~ .t;ead a'~td :is ~mi.lia'r with,the provfs[Ons of this chapter. . § 386-4. Penalties for offenses. CriminalL A violation of §386-2 of this chapter shall be a Class A misdemeanor and shall be punishable by a sentence of not more than one (1)year in prison or a fine of not more than one thousand dollars ($1,000) or by both such fine and imprisonment. Bo Civil remedies. A violation of § 386-2 or 386-3 of this chapter shall give the county the option, among other civil remedies, of either terminating the agreement or deducting the value of the gratuity from any amount due or to become due from the county thereunder. §386-5. Excepted contributions. This chapter shall not apply to contributions to political parties, committees or candidates as defined by § 14-100, Subdivision 9, of the Election Law. Such contributions shall be excluded from and shall not oe in violation of this chapter. Page 2 of 2 IV Child Sexual Abuse Reporting Policy The Contractor agrees to comply with the following Suffolk County resolutions, as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. Resolution No. 543 - 2002, Establishing Universal Child Sexual Abuse Reporting Policy for Suffolk County (4 pages) Resolution No. 819 - 2002, Modifying Universal Child Sexual Abuse Reporting Policy for Suffolk County (2 pages) Intro. Res. No. 1508-2002 Laid on the Table 4/25/2002 Introduced by Legislators Cooper, Postal, Bishop, Fisher, Fields, Lindsay, Binder, Foley, Presiding Officer Tonna, Nowick, Caracciolc. Carecappa, Crecca ,RESOLUTION NO;, '543 2002- ESTABLISHING UNZVERSAL 'CHILD SEXUAL ABUSE REPORTZNG POLZCY FOR SUFFOLK COUNTY WHEREAS, innocent children are in urgent need of orotecuon against sexual aeuse within the County of S0ffolk; now, therefore be it 1~t RESOLVED, that [ne County of Suffolk hereby establishes a formal cmJa sexual abuse reoorang policy as A.) Each County Department that has a contract or agreement w~th an, individual, p~rtnership,, corporation, joint venture, bus[ness organi~ation~ or other entity which receives paym~nta from the £oun!cy of Suffolk, either directly or as a ~no~deit for'payment .from another level of govemmen(, shall notify such di~iduat, partnership, corl2oretioh, joint venture, business orgamzabon, or other entity [hat Suffolk County requires full comp ;ance with she reportin_c and d~dosr~re p~ovisior~s of' P~ragreph (D) of. this ResoN'ed clause, as a condition p~efeden~tp ~e~ipt ;of~,su~h payme~ anc~ continuing receipt of such payment, n those nstances n wh ch an atlega[ on ha~ been made of sexual abuse of a m~nor by ap~ employee or member of sucn corCcract vanden, ncluding any mail-bar of the ~e~g~ in,,oiling any.of the following ¢ex offen~es: t,) Rapelp the third-degr~e,.SectJon ~.30225 ,(less cnan seventeen C17) years c~/d] oEthe~ NEW YO.~K PENAL 2.) Rape in the seco,nd degree, Sec~tipn 13Q;30 (less than fourteen (14) years old7 of the ~W YORK PENAL LAW; 3.) 4.) 5,) Rape in the first c[egree, SectiOn 130.35 (less than eleven (11) years old) of the NEW YORK PENAL LAW; Sodomy in the third d'~egree, Section 230.40 (less than seventeen (~7) years old) of~e N,E~V YORK PENAL LAW; Sodomy in the second degree, Section 130.45 [less than fourteen (~4) years old) of the NE~/YORK PE~NAL LAW; 7.) Sodomy in the f~rst degree, Sect:ion 130.50 (less than eleven years old) of the NEW YORK PENAL LAW; Se×ual abuse in th~ third degree, Section :[30.55 (less than seventeen ('17) years old~ of the NEW YORK PENAL LAW; 8.) Sexual abuse in the second degree, Section 130.60 (less than fourteen (:L4) years old,) Qf theNEW YORK PENAL LAW; 90 Sexual abuse in the fi~r~st degree, Section L30.65 (less than eleven (11) years old) of th~,NE~ YORK;PE~NAL LAW; 10.) Aggravated sexual al~se in the third degree, Section 130.66 (less th'an eleven (1_i) years old) of the NEW YORK PENAL LAW; 11,) Aggravated sexual at, use in the second degree, Settlor ~.30.67 (less than eleven (1~) years old) of ~the NEW YORK PENAL LAW; 12.) Aggravated sexual ab~se in the first degree, Section 130.70 (less than eleven (11) years c~ld) of the~i% EW YORK PENAL LAW; 130 Course of sexual con~,uct agait~st a child in the first degree, Section [30,75 (Less th~an eleven (1~.,) years old) of the NEW YORK PENAL LAW; and B.) C.) 14.) Course of sexual conduct against a child in the second degree, Section 130.80 0ess than e~even (11) years old) of the NEW YORK PENAL LAW: 15.) Sexual misconduct Section 130.20 (sexual intercourse without consent) o~ the NEW YORK PENAL LAW; 16.) Forcible touching Section 130.52 (sexual or intimate parts) of the NEW YORK PENAL LAW 17.) 18.) Persistent sexual abuse, Section 130.53 (two (2) or more cot vicbons within the Das[ ten (10) years for less than seventeen (17) years o~c or fourteen {14) years old~ ~f the NEW YORK PENAL LAW; Aggravated sexual abuse in the fourth degree, Section 130.6E-~ (less than seventeen (17) /ears old) of the NEW YORK PENAL LAW; 19.) Female genital mutilation. Section 130.85 (less than eighteen (18) years olc non-meama procedure) of the NEW YORK PANEL LAW; 20.) Facilitating a sex offense with a controlled substance, Section 130.90 (without consent to commit a felony) of the NEW YORK PENAL LAW For [ne purposes of this Resolution, clergy shall mean a duly authorized bishop, Des[or, rector, ones[, rabbi, minister, imam, nun, or a carson having authority from, or ir accoraance with. me rules ana regulations of [ne governing ecclesiastical Dody of the denomination or oreer, Jf any, to which the church Delongs, or otherwise from me church, synagogue, or mosque to preside over aha direct [ne soidtua' affairs of the church, synagogue, or mosque, as the case may De; Minor shall mean anyone under the age of eighteen (18) years of age; Al supervisory, administrative, or management employees of any individual, partnership, DorDoration, joint venudra, business organization, or other entity receiving payment from the County of Suffolk, either direct],/ or as a conduit for payment from another level of government, under agreement or contract with the County of Suffolk, shall report or cause a report to be made [o the I~ew York State Child Protective Services Child Abuse Registry a[ 1-800-342-3720 when he, she, or it has reasonable cause To suspect that a miner coming before them is or has been the victim of sexual abuse, or when another person or clergy oerson comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the minor a victim of sexual abuse under any of the following sex offenses, said reporbng to occur within forty-eight (48) hours after forming the reasonable cause or first learning of the allegations: 13 Rape in the third degree, Section 130.25 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 2.) Rape in the second degree, Section 130.30 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; 3.) Rape in the first degree, Section 130.35 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 4.) Sodomy in the third degree, Section 130.40 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 5.) Sodomy in the second degree, Section 130.45 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; Sodomy in the first degree, Section 130.50 (less then eleven (1I) years old) of the NEW YORK PENAL LAW; E.) F.) 7.) 8.) 9.) 10 ) 11.) 120 13.) t4,) 15.) 16.) Sexual abuse in the third degree, Section 130.55 (less than seventeen (17) years old] of the NEW YORK PENAL LAW; Sexual abuse in the second degree, Section 130.60 (less than fourtee~ (14),years old) of the NEW YORK PENALLAW; Sexual abuse in the first degree, Section 130.65 (less than eleven (11) fears old) of the N 5W YORK PENAL LAW; Aggravated sexual abuse in the third degree, Sectior 130,66 (less than eleven (lI)wears old) of-the NEW YORK PENAL LA~; Aggravated sexua! abuse ]n the second d,egree, Section 130.67 (ies~ than e[ever) (?,)w~ar~ aid) of'the I~EW ,YORK PENAL LAW; Aggravated se~:~ia~ ab~s~ D ~e f[[st~ degr~, Se~fon 130,70 (less than e e~n (1 l~ ~m o~)of ~e N~ ~ORK PENAL Course of sexual c~ndu~ against a child in the first degree. Section I3~.75 ~less than- eleven ~) y~?s old) of ~e NEW YORK PENAL ~W; an~~ Course of sexl~al conduct against a child in the second degree, Section 130.80,~leas ~nan ,e~eve~ (~[1) years old} of the qEW YORK PENAL LAW; Sexual misconduct, Section 130.20 (sexual Intercourse without consenQ of the NEW YORK PENAL LAW; 17.) Forcible touching, Section 130.52 (sexual or ~nt~mate parts) of the NEW YORK PENA, L LAW; Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the pas[ ten (10) years for less than seventeen [17) years old ¢)r fourteen (14) years old) of the NEW YORK PENAL LAW; 18.) Aggravated sexual abuse in the four'ch degree, Section 130.65-a (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 19.) Female genital mut~ation, Section 130.85 (less than eighteen (18) years old non-medical procedure) of the NEW YORK PANEL LAW; 200 Facilitating a sex offense with a controlled substance, Section 130.90 (without consent to commit a felony) of the NEW YORK PENAL LAW; Whenever a clergy person is required to report under this Resolution, in his or her capacity as a member of the clergy, he or she shall immediately notify the person in charge of such church, synagogue, or mosque, or his or her designated agen[, who shall then also become resaonsible to reeort or cause reports to be made to the New York State Child Protective Services Child Abuse Registry at 1-800-432-3720 when he or she has reasonable cause to SusPect that a minor coming before them is or has been the victim of sexual abuse, or when another clergy person comes before them and states from aarsonal know[eoge facts, conditions, or circumstances, which, if correct, would reader the minor a victim of sexual abuse; No information derived from a confession or confidential communication Eo a elergyman shall be disclosed pursuant to the requirements of this Resolution if the confession or confidence ia made to the clergyman in his or her 3rofessional capacity as a spiritual advisor, unless the person so confessing or confiding waives this privilege; G.) All contract vendors covered by this Resolution shall inform all of their employees in writing as to the disclosure requirements of this Resolution and shall also inform bhem that each of them must report any allegations of child abuse covered in paragraph (A) of the :l~t RESOLVED clause of this Resolution to supervisOry, management, or designated administrative personnel of the employer; and be it further 2"d RESOLVED, that failure to comply with the terms and conditions of this Resolution shall result in the following: A.) B.) First violation: the contract vendor shall be issued a warning and all supervisory, administrative, and management employees of such contract vendor shall be required to attend a child sexual abuse prevention/education workshop provided by a contract agency approved by the County of Suffolk via duly enacted Resolution which workshop shall include specific skills for aduIts to help prevent childhood sexual abuse; skills that adults can teach children to help protect themselves from childhood sexual abuse; skills for detecting the signs of childhood sexual abuse; and how to report allegations of childhood sexual abuse. The cost of this training shall be paid for by the contract vendor, In addition, the contract vendor shall submit a corrective plan of action to the Suffolk County Office of Labor Relations; Second violation within a three (3) year period subsequent to a first violation: the contract vendor shall be subject to a fine of ten (10%) percent of the contracts that the pertinent violating individual supervisor, manager, or administrator oversees, not to exceed Fifty Thousand ($50,000.00) Dollars. In addition, the contract vendor shall be put on probation for three (3) years. An annual review shall be conducted by the Suffolk County Department of Audit and Control; c.) Third violation within a three (3) year period subsequent to a first violation: the termination of the agreements with such individual, partnership, corporation, joint venture, business organization, or other entity overseen by the pertinent violating individual supervisor, manager, or administrator and the withholding of all payments to said individual, partnership, corporation, joint venture, business organization, or other entity for such agreements regardless of whether such payments are for past or future goods or services. The contract vendor shall not be eligible for funding from the County for three (3) years from the date of such termination; and be it further 3~ RESOLVED, that the Suffolk County Department of Law is hereby authorized, empowered, and directed to issue and promulgate such rules and regulations as shall be deemed necessary and appropriate to implement the provisions of this Resolution; and be it further 4~h RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type I[ action pursuant to Section 617.5(c)(20) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR} and within the meaning of Section 8-0:L09(2) of the NEW YORK ENVIRONiVlENTAL CONSERVAT[ON LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality (CEQ)is hereby directed to drcutate any appropriate SEO, RA notices of determination of non-applicability or non-significance in accordance with this resoJutiom DATED: June: ~./~, 2002 APPROVED BY: /s/Robert 3. Gaffney County Executive of Suffolk County Date of Approvah June 2]-, 2002 Intro. Res. No. 1862-2002 Introduced By Legislator Cooper Laid on the TabIe 8/6.2002 RESOLUT/ON NO, 819 - 2002~ MODTFYING UNIVERSAL CHILD SEXUAL ABUSE REPORTING POLICY FOR SUFFOLK COUNTY WHEREAS, Reso~utlor Nc 543-2E)02 established A Universal Ch~id Sexual Abuse Reporting Policy for Suffolk County, a central component of which provided for reports co De made to the New York State Child Protectige:Services Child Abuse Registry~ and WHEREAS, one Suffolk County Child Sexual Abuse Task Force nas recommended a change in that point of contact By suggesting a return to the original version of one Legislation; now, therefore De it 1st R~SOLVED, that Paragraphs (D) and (E; of the [~ RESOLVED clause of Resolution No. 843-2002 is hereDy amended to read as fOHOWS: D.) All superwsory, administrative, or management employees of any ndividual, parmersmo, corporation, joint venture, business organization, or other entity receiving payment from the County of Suffolk, either directly or as a conduit for payment from another level of government, under agreemenE or contract with the County of Suffolk, shall reoort or cause a repor~ to be made to 911 or the perbnent village, ~own, or county_Police Deoartment when he, she, or it has reasonable cause to suspect that a minor coming before them is or nas been the victim of sexual abuse, or ween ano:ner oerson or clergy person comes before them and states from Dersonal knowledge facts, conditions, or circumstances, which, if correct, would render the 'ninor a victim of sexual abuse under an'/ of the following sex offenses, said reporting tO occur within twenty-four (24) hours after forming the reasonable cause or first learning of the allegations: Rape in the third degree, Section 130.25 (leas than seventeen (17) years old] of the NEW YORK PENAL LAW; 2.) Rape in the second degree, Section 130,30 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; 3.) Rape in the first degree¢ Section 130,35 (less than eleven (il.) years old} of the NEW YORK PENAL LAW; 4.) Sodomy in the third degree, Section 130.40 (less than seventeen (17) years old', of the NEW YORK PENAL LAW; 8.) Sodomy in the second degree, Section 130.45 (less than fourteen (14) years old} of the NEW YORK PENAL LAW; 6.) Sodomy in the first degree, Section 130.50 ([ess than eleven (11) years old] of the NEW YORK PENAL LAW; 7.) Sexual abuse in the third degree, Section [30.55 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 8.) Sexual abuse in the second degree, Section 130.60 (less than fourteen ([4) years old) of the NEW YORK PENAL LAW; 9.) lo.) 1[.) Sexual abuse in the first degree, Section 130.65 (less than eleven ([1) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in ~the third degree, Section 130.66 (less than eleven (:[1) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the second degree, Section 130.67 0ess than e~even (11) years old) of the NEW YORK PENAL LAW; 12.) Aggravated sexual abuse in the first degree, Section 130.70 [less than eleven (11) years old) of the NEW YORK PENAL LAW; 13.) Course of sexual conduct against a child in the first degree. Section t30,7S qess than eleven (11) years old) of me NEW YORK PENAL LAW; aaa Course of sexual conduct against a child in the second degree, Section 130,80 (less :nan eleven (11) rears old) of the NEW YORK PENAL LAW; 15.) Sexual misconduct, Section 130.20 (sexual intercourse without consent) of the NEW YORK PENAL LAW; 16,) Forcible touching, Section 130.52 (sexual or inbmate parts) of the NEW YORK PENAL LAW; 17.) Persistent sexual abuse. Section 130.53 (two (2) or more convictions within the oast ten (10) years for less than seventeen (17) ,'ears old or fourteer ~14) years old) of the NEW YORK PENAL LAW; !8.) Aggravated sexual abuse in the fourth degree, Section t30.65-a ( ess man seventeen (17) years old) of the NEW YORK PENAL LAW; 19.) Female genital mutilation, Section 130.85 [less than eighteen (18) years oid non-medical proceoure) of the NEW YORK PANEL LAW; 200 Facilitating a sex offense with a controlled substance Section 130.90 (without consent to commit a felony] of the NEW YORK PENAL LAW; and be it further E.) Whenever a clergy person is requlreo co report under this Resolution, in his or net capacity as a member of the clergy, ne or sne shall immediately notify the person in charge of such church, synagogue, or 'nosque, or his or her designated agent, who shall then also become responsible to report or cause reports To be made to 911 or the pertinent village, town, or county Police Department when he or she has reasonaale cause to suspect that a minor coming before them is or has been tne victim of sexual abuse, or wnen another clergy person comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the minor a victim of sexual abuse; 2"d RESOLVED, that all other provisions of Resolution No. 543-2002, as amended, shall remain in full force and effect; and be it further 3rd RESOLVED, that thia Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type I! action pursuant to Section 617.5(c)(20) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULAT!ONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVAT!ON LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality~(CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this reSo!ution. DATED: August 28, 2002 APPROVED BY: /s/ Robert ]. Gaffney County Executive of Suffolk County Date of Approval: September i0, 2002 ~? O~ Certification Regarding Lobbying for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, ro the best of his or her knowledge and be}tel, that: (I) No State or Federal appropriated fimds have been pMd or w/ll be paid, by or on behalf of the trade, signed, to ~any person for influencing or attempting to influence legislation or approprl, afign actions lpending be£0re local, State and Eederal executive aL~d/or le~slative bodie~ cdn~eetior~ Witkthe awarding of may Contract, the makiag of a~y grant, the,making of any. ioar~the en~erirrg of arty cooperative agreement, aha the extension~ continuafi6n, re- newal, .~megdment, or. modification of any ccmtracr~, gran~, loan, or cooperative agreement. (2) ~f ar~y ,.fim~s other t~tm S~at~e or Federal appr0priat~d funds ha~e'been paid or will be paid tomny~ers0n fo~ influencing or attempting to influence legislation or appropriation ac- tions ] tion ~ and st its inst: (3) ,] awarcl tracts and dis This ce this rrm for m~ Failur, ernme ~ ~di~a. g beS'ore local, State and F ~ec[eral executive and/or ~egi~lative bodies'in cormee- t~s contract, grant, loan or cobperative agreement, the undersigned shall complete nitiStandard Form LLL, "Disclosure Form to Report Lobbyi~ng'.% in accorda~ice with tot[ons. he .':gnde~signed shall require that the language of. this certifiqation;be inctude~ in the 0c~ents for all subawards at all tiers (including subcontract, subgrants, and con- [d~ grants, loans, and cooperative agreements) and that all shbrecipients shail certify loJ~ accordmgly. ' [ff~ation is a material representation of fact upon which reliance' was ptaced When a~ion was made or entered into. Submissio~ of this certificationqs a prerequisite ~g~or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. ~ ~l~le the reqmred certification shall be subject to c~wl penal~ by the Feder~ gov- >~'not less than $10,000 and not more than $t 00,000 f~r ea~'sueh failure. By: i/ Signature of Official Authorized 4 to Sign Application Fo : -F'o v oF Name of Grantee Date: