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HomeMy WebLinkAboutSC Office for the Aging - AAA Transportation Program RESOLUTION 2024-416 ° ADOPTED" DOC ID: 20228 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-416 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 7, 2024: RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J Krupski Jr to execute the Southold AAA Transportation Program Agreement between the County of Suffolk Office for the Aging and the Town of Southold, for the period January 1, 2024 through December 31, 2024, with an option, to be exercised at the County's discretion, to June 30, 2025, on the same terms and conditions herein; to provide for transportation services through the AAA Transportation Program for seniors in Southold Town, as identified in Contract IFMS no. 00000014509; 001-6806-4980-95294, with service levels as indicated, with a maximum reimbursement to the Contractor from the County not to exceed $10,020.00, at no cost to the Town, subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Greg Doroski, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans COUNTY OF SUFFOLK RECEIVE® JUL 19 209 Edward P.Romaine Southold Town Cie rk COUNTY EXECUTIVE OFFICE FOR THE AGING Holly S.Rhodes-Teague DIRECTOR June 11, 2024 The Honorable Albert J. Krupski Jr., Supervisor Town of Southold 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 RE: AAA Transportation Dear Supervisor Krupski, The fully executed agreement referenced above is enclosed for your files. Attached is a copy of All Department Heads Memorandum 30-97 explaining budget modification requirements. Any budget modification not meeting these requirements may be delayed or rejected by the Budget Office. Also enclosed find the Notification of Rights, which must be posted as part of your compliance with Local Law No. 12-2001, the Living Wage Law. If you need further information, please contact Tina Simonella, Contract Management Analyst, at 631-853-8214. Sincerely, Patricia Burke Administrator IV PB:TS:ld Enclosures cc: Tina Simonella Jacqueline Martinez H.LEE DENNISON BUILDING ♦ 100 VETERANS MEMORIAL HIGHWAY ♦ P.O.BOX 6100 ♦ HAUPPAUGE,N.Y.11788-0099 ♦ PHONE(631)853-8200 ♦FAX(631)853-8225 NOTIFICATION OF RIGHTS UNDER THE LIVING WAGE LAW According to the provisions of Local Law # 12-2001 (the Living Wage law) enacted by Suffolk County in July of 2001, a living wage rate was established. The Living Wage shall be adjusted each year in proportion to the increase of the area Consumer Price Index. Effective January 1, 2024, the Living Wage will increase to $16.63 per hour with health benefits and $16.77 per hour without health benefits for covered employees of an agency receiving financial compensation through the County. The law also mandates that full time workers receive at least 12 compensated days off per year through any combination of sick, vacation or personal leave and includes paid holidays provided by the employer. The Suffolk County Department of Labor has been designated as the agency to administer this law and to this end has established a Living Wage Unit. Further information concerning the parameters of the Living Wage law may be obtained by contacting this Unit (631-853-3808) or accessing the Suffolk County web page at www.co.suffolk.ny.us/labor and following the link to the Living Wage section. All inquiries will remain confidential. ri Rev. 1/30/2024 Law No. a-9 IFMS No. 00000014509 .Line ILm/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Southold AAA Transportation Program This Contract ("the Contract") is between the County of Suffolk("the County"), a municipal corporation of the State of New York, acting through its duly constituted Office for the Aging ("the Department"), located at 100 Veterans Memorial Highway, P.O. Box 6100,Hauppauge,New York 11788- 0099; and Town of Southold ("the Contractor"), a New York municipal corporation, having an address at 53095 Main Road,P.O. Box 1179, Southold,New York 11971. The Contractor has been designated to receive funds from the County for an AAA Transportation Program ("the Services") as set forth in Article I, entitled"Description of Services." Term of the Contract: January 1,2024 through December 31,2024;with an option,to be exercised at the County's discretion,to June 30,2025 on the same terms and conditions herein. Service Levels: 900 Units of Transportation Service 90 Elderly Served Total Cost of the Contract: Shall not exceed$10,020.00, to be paid as set forth in Articles V and VI, attached. Terms and Conditions:. Shall be as set forthin Articles I through VI,attached hereto and made a part hereof. In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below. Town of Southold County of Suffolk By. Albert J.KnZpski By: Supervisor Kevin B.Molloy Fed. Taxpayer ID#: 11-6001939 Chief Deputy C ty Exe tiv Date ,3— a a la—�/ Date b -S x� 7 �\A\r,o (k -Ir kr�,n5�[ f I t. hereby certifies der penalties of pe h at I am an officer of Approved: ll Department that I have read and I am familiar with§A5-8 of By: 'd Article V of the Suffolk County Code,and that Holly S. odes-Teague TD on 0 L 0 I I A Director, Offire fpor the Aging meets all requirements to qualify for exemption Date �_ c_ /0 thereunder. a ®�v Recomme Name ��. f Date ,s �c z By: Approved as to Form: Michelle Belsky Christopher J. Clayton Food Servic upe i or . Suffolk County Attorney Date By: Jacqueline Capu Assistant County AttoriNey Date 1`� 0,083001 1 of 39 pages Rev. 1/30/2024 Law No. IFMS No. 00000014509 Line Iiem/Omnibus Grant—AAA Transportation, . 001-6806-4980-95294 List of Articles Article I Description of Services 1. Conflicting Provisions 2. Goals of Program 3. General Program Terms and Conditions 4. Administration 5. Contractor's Staff 6. Coordination 7. Targeting and Outreach 8. Equal Access 9. Reporting Requirements 10. Incident Reporting 11. Confidentiality 12. Promotions and Advertisements 13. Contributions 14. Participant Comments and Satisfaction Surveys 15. Monitoring 16. Grievance Procedures 17. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013 18. Suffolk STAT Contractor's Narrative Article 1A Grievance Procedures I. Purpose H. Notifying Participants of Right to File Grievance III. Grievance Process IV. Recordkeeping V. Confidentiality Article H Definitions 1. Meanings of Terms 2. Elements of Interpretation Article III General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations b. Qualifications,Licenses, and Professional Standards c. Notifications d. Documentation of Professional Standards 2 of 39 pages f � r e Rev. 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant-AAA Transportation 001-6806-4980-95294 e. Credentialing f. Engineering Certificate 2. Termination a. Thirty Days Termination b. Event of Default; Termination on Notice c. Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger;No Oral Changes 8. Set-Off Rights 9. Non-Discrimination in Services and Employment 10.Nonsectarian Declaration 11. Governing Law 12.No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor 18.No Intended Third Party Beneficiaries 19. Certification as to Relationships 20. Publications 21. Copyrights and Patents a. Copyrights b. Patents 22. Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24. Certification Regarding Lobbying 25. Record Retention 26. Contract Agency Performance Measures and Reporting Requirements - Local Law No. 41-2013 27.Notice Article IV Suffolk County Legislative Requirements 1. Contractor's/Vendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 3 of 39 pages Rev. 11,30/2024 Law No. IFMS No. 00000014509 1,ine Item/Omnibus Grant—AA.A.Transportation 001-6806-4980-95294 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 12. Safeguarding Personal Information of Minors 13. Contract Agency Performance Measures and Reporting Requirements 14. Suffolk County Local Laws Website Address 15. Suffolk County Code of Ethics 16.Notification of Cyber Security Breach Article V General Fiscal Terms and Conditions 1. General Payment Terms a. Presentation of Suffolk County Payment Voucher b. Voucher Documentation c. Payment by County d. Budget Modification e. Budget and/or Services Revisions f. Taxes g. Final Voucher 2. Subject to Appropriation of Funds 3. Personnel Salaries,Pension and Employee Benefit Plans, Rules and Procedures 4. Accounting Procedures 5. Audit of Financial Statements 6. Financial Statements and Audit Requirements 7. Furniture,Fixtures,Equipment, Materials, Supplies a. Purchases,Rentals or Leases Requiring Prior Approval b. Purchase Practices/Proprietary Interest of County c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Property in Contractor's Custody f. Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non-County Funded Activities e. Potential Revenue f. Payments Contingent upon State/Federal Funding g. Denial of Aid h. Budget i. Payment of Claims j. Payments Limited to Actual Net Expenditures k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 1. Salaries 4 of 39 pages Rev. 1,30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation. 001-6806-4980-95294 m. Salary Increases n. Contractor Vacancies o. No Limitation On Rights p. Comptroller's Rules and Regulations Article VI Budget 5 of 39 pages I 6 f ox Rev. 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article I Description of Services Town of Southold AAA Transportation Program Whereas,the Contractor has been identified in the 2024 Suffolk County Adopted Budget under the funding as listed on page one (1) of the Contract to perform the Services for the Department; and Whereas,the AAA Transportation Program expands essential transportation activities for the elderly by providing assistance in meeting the transportation operating expenses related to serving the elderly, as required by the IIIC Nutrition Program for the Elderly or other similar programs; and Whereas,the enhancement of transportation services is considered to be in the best interest of the County and the elderly residents of Suffolk County, and ensures the best possible outcome. Now therefore,in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Goals of the Program The Contractor shall provide the following transportation services: The Contractor may provide transportation other than to and from the nutrition sites on an as needed basis. This may include,but is not limited to,transportation to medical appointments,shopping,activities for socialization and other such activities scheduled as part of the Contractor's regular transportation program activities or by appointment. All transportation services shall be furnished using licensed drivers and insured and inspected vans and automobiles. 3. General Program Terms and Conditions In general,but without limitation,the Contractor shall be required to meet the criteria listed below: a. Have,and maintain throughout the term of this Contract,an existing agreement to provide a service or services for the elderly in Suffolk County. b. Have an owned or contract vehicle available for the Services,either through purchase agreement or lease agreement. 4. Administration a. Overall administration of this program will be the responsibility of the Contractor. The Contractor will ensure proper implementation and direction of the services, act as liaison between the Department and the actual service,and ensure accuracy and timeliness of submission of all reporting forms and expenditures. b. Program staff shall attend meetings and training as requested by the Department. 6 of 39 pages AAA Transportation Southold ARTICLE I x r / a Rev. 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 a 5. Contractor's Staff a. The Contractor agrees to employ adequate numbers of qualified staff and supervisory personnel to meet all the specifications and responsibilities of the program in an orderly,punctual and reliable manner and to assure the health,safety,and welfare of participants. A full-time manager/supervisor will direct and coordinate the daily operations. All meetings and trainings required by the County are to be attended by the appropriate staff. The Contractor will have on file with the Department the procedures to be followed by workers and other staff in case of emergency. b. The County shall have the right to prior approval of the filling of any AAA Transportation Coordinator and shall be advised by the Contractor of the duties and compensation of all personnel assigned to the AAA Transportation Program. C. The provisions of this paragraph five(5)are in addition to the provisions of Article V,paragraph ten (10), subparagraph n. 6. Coordination The Contractor must coordinate the delivery of services with other providers and organizations to provide the most suitable outcomes and minimize duplication of effort. In order to accomplish this,the Contractor will undertake activities such as,but not limited to,participation in inter-agency meetings,coordination of referrals and follow-ups with other local service providers,entering into agreements with other organizations for joint efforts and/or funding,centralized assessment and maintaining up-to-date resource materials both within and outside the Contractor's organization. 7. Targeting and Outreach a. The Contractor,to the extent it has discretion regarding to whom it will provide services,must give preference to providing services to those unserved and underserved older adults in greatest social or economic need, particularly those who are low-income, low-income minorities, older adults with limited English proficiency,Native Americans, and frail/persons with disabilities and older adults residing in rural areas in accordance with their need for such services,and to meet specific objectives established by the Department for providing services to the above groups within the PSA Older Americans Act("OAA" §305 (a)(2)(E)). The term"greatest economic need"is defined as the need resulting from an income at or below the poverty levels as established annually by the U.S.Office of Management and Budget. The term"greatest social need"refers to the need caused by non-economic factors which include physical and mental disabilities, language barriers and cultural, social or geographical isolation including isolation caused by racial or ethnic status that restricts an individual's ability to perform normal daily tasks or threatens the capacity of the individual to live independently(OAA §102 (23 and 24)). b. The Contractor agrees to concentrate the services on older adults in the targeted populations identified by the Department following the methods the Department has established for complying with the targeting requirements under the OAA and the Equal Access and Targeting Policy issued by the New York State("NYS") Office for the Aging. Consistent with the OAA and NYS applicable regulations,including the following laws:the Older Americans Act(OAA),Title III of the Code of Federal Regulations, 45 CFR 1321; the NYS Elder Law and relevant NYS regulations (Title 9, Subtitle Y of the New York State Code of Rules and Regulations);the Contractor's targeting goal is to substantially increase the numbers of older adults from targeted population groups(minority,low- income, frail,vulnerable). 7 of 39 pages AAA Transportation Southold ARTICLE I Rev. 1/30/2024 Law No. IFMS No. 00000014509 Lane Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 C. The following target groups have been identified as having the greatest economic and social needs: minority, low-income, frail and vulnerable. i. Minority-persons of Black,Hispanic,Asian,Native American(American Indian),Alaska Native,Native Hawaiian or Other.Pacific Islander origins. Persons whose origins are of Two (2) or More Races or who are identified as being in a racial category different from those above (other than white) may be included (see the Other Race or Two (2) or More Races categories, defined below). a) Black-refers to a person who has origins in any of the Black racial groups of Africa. This includes, for example, persons who self-report as Black, African American, Kenyan,Nigerian, Haitian or other applicable identification. b) Hispanic(or Latino) -refers to a person of Cuban,Mexican,Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race. Hispanic origin can be viewed as the heritage,nationality group,lineage,or country of birth of the person or the person's parents or ancestors before their arrival in the United States. People who identify their origin as Hispanic,Latino, or Spanish may be any race. c) Asian-refers to a person having origins in any of the original peoples of the Far East, Southeast Asia,or the Indian subcontinent,including,but not limited to,Cambodia, China,India,Japan,Korea,Malaysia,Pakistan,the Philippine Islands,Thailand,and Vietnam. d) American Indian or Alaska Native - refers to a person having origins in any of the original peoples of North and South America(including Central America)and who maintains tribal affiliation or community attachment. This category includes people who indicated their race(s) as"American Indian or Alaska Native"or reported their enrolled or principal tribe,such as Navajo,Blackfeet,Inupiat,Yup'ik,and/or Central American or South American Indian groups. e) Native Hawaiian or Other Pacific Islander-refers to a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. f) Other Race or Two (2) or More Races - this category includes persons who self- identify as multiracial,mixed, interracial, or a racial category other than white,not included in the descriptions above. ii. Low—Income-Persons with incomes at or below 150% of the poverty level. iii. Frail—Persons with one (1) or more functional deficits in the following areas: a) Physical functions; b) Mental functions; c) Activities of daily living (eating, bed/chair transfer, dressing, bathing,toiletry and continence); and/or, d) Instrumental activities of daily living (meal preparation,housekeeping, shopping, medications,telephone, travel, and money management). Disabled—Any person who has a physical or mental impairment which substantially limits one (1) or more major life activities, has a record of such impairment, or is regarded as having such impairment. This includes alcoholism and drug addiction. 8 of 39 pages AAA Transportation Southold ARTICLE I y [ t F Rev. 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant.—AAA Transportation 001-6806-4980-95294 iv. Vulnerable — Persons with a deficit of social resources, those who are isolated socially, linguistically or geographically, and/or those affected by other environmental conditions including the following: a) Language barriers; Limited English Proficiency - Individuals who do not speak English as their primary language and who have a limited ability to read, write, speak,or understand English may be limited English proficient,and may be eligible to receive language assistance with respect to a particular type of service,benefit,or encounter; b) Rural residence; c) Persons with disabilities; d) Institutionalized or at risk of institutionalization; e) Lesbian, gay,bisexual,transgender(LGBT) older adults; f) Low literacy; g) Older adult caregivers of children with developmental disabilities,mental illness, or other disabilities requiring a caretaker(e.g.,traumatic brain injury); h) Homebound; and, i) Alzheimer's or other Dementia. d. In order to comply with Targeting requirements, the Contractor must employ Outreach Strategies which may include,but are not limited to,locating target populations using Census or other resource data, translated printed materials, location of services in catchment areas for targeted populations, publicity to community-based groups, and minority staff/volunteers. 8. Equal Access a. The Contractor shall comply with requirements for equal access including language accessibility, nondiscrimination and concentration of services on target populations. b. The Contractor shall provide maximum accessibility to those older adults in greatest economic or social need,and new sites shall be free from architectural barriers that limit participation of disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1) and Section 504 of the Rehabilitation Act of 1973). Accessibility requirements include provision of services and assistive devices(including assistive technology services and devices)designed to meet the unique needs of older individuals who are disabled,and of older individuals who provide uncompensated care to their adult children with disabilities. Providers must ensure that communications with individuals with disabilities are as effective as communications with others (ADA, 28 CFR 35.160-35.164). For example, auxiliary aids and services may include: • For individuals who are deaf or hard of hearing:qualified interpreters,note takers,computer- aided transcription services, written materials, telephone handset amplifiers, assistive listening systems, telephones.compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDDs), videotext displays, and exchange of written notes. • For individuals with vision impairments: qualified readers, taped texts, audio recordings, Brailed materials, large print materials, and assistance in locating items. 9 of 39 pages AAA Transportation Southold ARTICLE,I F Rev. 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 • For individuals with speech impairments: TDDs, computer terminals, speech synthesizers, l and communication boards. C. Additionally,consistent with the Civil Rights Act of 1964,Title VI,the Title VI regulations,federal Executive Order 13166,and the NYS Human Rights Law,all subcontractors are required by law to take reasonable steps to provide meaningful access to limited English proficient persons. All aging services providers are obligated to provide reasonable,timely,and appropriate language assistance to the limited English proficiency(LEP)populations each serves. Mandated Action: The Contractor shall,at a minimum,maintain a telephonic interpretation service contract or similar community arrangement with a language,interpretation services provider of their choice no later than ninety(90)days after the effective date of this contract. The Contractor's staff for this program with public contact must be aware of, and trained in the timely and appropriate use of, these language services. The Contractor shall also ensure that LEP persons are informed of the availability of language assistance, free of charge, by providing written notice in languages LEP persons will understand at service locations. 9. Reporting Requirements a. Monthly Reports Monthly reports must be submitted to the Department on a form prescribed by the Department. Monthly reports are due to the Department by the eighth(8th)day of the month following the month being reported. These reports shall contain,at a minimum,the following categories of information: i. Units of service: one (1) unit is equal to each(1) one-way trip per person. ii. The number of individuals who have received transportation by the Contractor under this Transportation Program Contract. iii. A monthly activity schedule showing the specific transportation services the Contractor will make available to the congregate participants that require transportation. iv. Mileage recordings. b. Electronic Reporting i. The Contractor shall maintain electronic records on all program participants using the most currently approved form provided by the Department and compliant with State and Federal reporting requirements. Data for all participants must be updated monthly. ii. In order to comply with electronic reporting requirements,the Contractor must have adequate computer equipment and software available to support the approved form. iii. Transportation units and unduplicated number of persons served must be entered electronically in Peer,Place or in subsequent County approved computer systems. All participant data must be entered completely by the eighth (8th) of each month for the previous months' data. 10. Incident Reporting The Contractor will report at least verbally to the Department,within twenty-four(24)hours any incidents involving all instances of claims,costs,damages,and injuries to persons or property of whatsoever kind arising out of services provided under this Contract. A written follow-up of such incidents shall be sent to the Department within five(5)days of the occurrence.'The Contractor further agrees to send the Department copies of all"notices of claim"relating to the program covered in this Contract. 10 of 39 pages AAA Transportation Southold ARTICLE I ( A?• i 4 Rev. 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 11. Confidentiality a. The Contractor agrees that no personal information obtained from an individual in conjunction with this program shall be disclosed in a form in,which it is identified with the individual without such individual's written consent to such disclosure,except to the Department. b. In the case of a request by the Department for names and addresses of individuals participating in the program, the Contractor shall furnish such information as requested. Failure to comply with a request by the Department for such information shall be deemed a material breach of this Contract and shall result in a freeze on all monies due and owing to the Contractor until compliance by the Contractor. 12. Promotions and Advertisements a. Any references to transportation services.provided under this Contract must include due recognition to New York State Office for the Aging. The Contractor must include the express acknowledgement as follows: "This service has been provided with financial assistance,in whole or in part through a grant from the New York State Office for the Aging." b. The provisions of this paragraph-shall prevail over any conflicting provisions of Article III, paragraph 20. 13. Contributions The Contractor agrees to inform each recipient of the service of the opportunity to make a completely voluntary and anonymous contribution toward the cost of the service. Service may not be denied,however, if a person is unable or unwilling to make a contribution. The Contractor must maintain an audit trail of all incoming contributions and make monthly reports of any contributions received. Monthly contributions will be deducted from monthly expenditures to arrive at net reimbursement. All contributions must be used to enhance services. All printed materials used for the program must include the sources of funding for the program and must include the following information: Contributions to this(these) service(s)are completely voluntary and anonymous. Services will not be denied because of inability or unwillingness to contribute. Any contribution you wish to make will be used to expand the program and will be greatly appreciated. 14. Participant Comments & Satisfaction Surveys Pursuant to the NYS Office for the Aging Regulations Section 6654.8, the Contractor shall develop and implement procedures to obtain the views of program participants about the services they receive.Copies of records of such views shall be maintained for at least five (5)program years and shall be available to the Department for inspection upon request. Such method shall respect the client's right to confidentiality. In any event, at the conclusion of the service,but not less often than annually,the Contractor shall send each recipient an evaluation letter and survey in the form approved by the Department,informing him/her of the sources of funding for the program and including the following information: Contributions are welcomed and are used to expand this service. 15. Monitoring a. Program The Contractor agrees to permit the Department's staff and staff of the New York State Office for the - Aging to review programmatic records at any time. 11 of 39 pages AAA Transportation Southold ARTICLE I t f o L Rev. 1/30/2024 Law No. IFMS No. 00000014509 I4ine.Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 b. Fiscal As required,the Department's fiscal staff may examine or review evidence regarding the existence,time and classification of financial transactions, which are charged to the program for reimbursement. To obtain this evidence,the fiscal staffwill examine documentary evidence including financial verification by actually observing or counting certain assets (e.g. case, food inventory, equipment and supplies) to establish their physical existence. 16. Grievance Procedures In accordance with-§306 (a) (10) of the Older Americans Act, as amended (OAA), the Department has established a process for resolving complaints from older persons who are dissatisfied with or denied services funded under Title III of the Act. The Contractor shall comply with the requirements of the Grievance Procedures as set forth in Article IA. 17. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013 a. If payment under this Contract may exceed$50,000, it is subject to the requirements of Suffolk County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of Chapter 189 of the Suffolk County Code)as set forth in Article IV of this Contract entitled"Suffolk County Legislative Requirements." b. The Contractor shall cooperate with the Department in all aspects necessary to carry out the requirements of Local Law No. 41-2013. 18. SuffolkSTAT Beginning in the second month of the Contract Term for contracts subject to Suffolk County Local Law No. 41-2013, the Contractor shall submit monthly actual performance data, also known as key performance indicators ("KPIs")for the prior month's data, and analysis of the Contract performance measures via the County's SuffolkSTAT application by linking onto hLtp://suffolkstat.suffolkcogqtM.gov. There are no KPI's reported for this contract now. End of Text for Article I 12 of 39 pages AAA Transportation Southold ARTICLE I r. Q, Rev. 1/30/2024 Law No. IFMS No. 00000014509 Lane Item/Omnibus Grant—AAA Transportation . 001-6806-4980-95294 Contractor's Proposal& Response for Equal Access & Targeting AA.A.Transportation End of Article I 13 of 39 pages AAA Southold 24.doc ARTICLE I ����g Nutrition Program ` JACQUELINE MARTINEZ �4� �`,® Home Delivered Meals Senior Citizens Program. Case Management Director �� �� Essential Transportation Town of Southold � Shopping Assistance 750 Pacific Street ,b, _Rs Program P.O.Box 85 ®�. ® � Senior Adult Day Care/ Mattituck,NY 11952 ®� ��® Katinka House Tel.(631)298-4460 zzzTelephone Reassurance Fax(631)298-4462 Residential Repair Town of Southold AAA Transportation Services Program Narrative 1/1/24—12/31/24 Southold Town Senior Services provides both regular route and demand responsive transportation services to senior residents of Southold Town.Given the rural nature of our area coupled with the lack of other reliable,efficient and affordable transportation alternatives, seniors are often isolated and unable to access services vital to their continued independence,health and well-being. Southold Tow_ n Senior Services is proposing to continue our current program for demand responsive transportation services for both medical escort assistance and other essential services. For the 1/l/23 —12/31/23 program year, Southold Town Senior Services provided 724 one-way passenger trips for essential medical and non-medical transportation and received.$1,485.00 in voluntary and anonymous contributions. We provided medical transportation within the Townships of Southold and Riverhead, but are now looking to once again extend travel throughout Suffolk County, as we did prior to the COVID 19 pandemic: Lifting this restriction,along with the addition of another adjustable track seating van to our fleet in December 2023,allows us to provide additional hours of service to improve availability. We are also in the process of filling a Full Time Mini Bus.Driver position which will further allow us to supplement our existing.program. Typically,appointments are scheduled months in advance on a first come first serve basis. We do request that seniors not exceed 3 visits per month so that there is sufficient availability fior all seniors requesting the service. AAA Transportation funding will be applied to.cover a designated portion.of our overall service.The Senior Citizens Program Director will oversee the implementation of the program and program staff.The Senior Citizens Bus Supervisor will be responsible for all scheduling and direct supervision of.transportation staff. Equal Access to Services and Targeting Plan: The population of aged 60+residents in Southold Town is approximately 32.23%according to 2010 census data.Targeting and expanded outreach efforts will continue to be a major priority for the upcoming year. In following guidelines set forth under the Older Americans Act, Southold Town Senior Services continues our commitment to our goal of providing transportation services to underserved and/or minority elderly residents. According to the 2010 U.S.Census, 3.47%of the elderly residents in Southold Town are minority. Our.percentage of minority seniors served was 5.7%,which was well above our targeted goal of 3.47%. For the l/l/23 — 12/31/23 program year our unduplicated transportation service was provided to 71 seniors which was below the projected number of 100 unduplicated seniors.The Mini Bus Driver vacancy for 2 months had a direct impact on our program as it reduced the availability of transportation services. For the 1/l/24— 12/31/24 program year, our goal is to serve 900 units of service to 90 unduplicated seniors and the projected income from anonymous and voluntary-contributions is$2000.00. Southold Town Senior Services will ensure access for services to the four target groups which have the greatest economic and social needs. These groups include minorities,low income, frail and vulnerable persons aged 60 and older. Targeted groups for improved service will also include those with Limited English Proficiency (LEP),lesbian,gay,bisexual, and transgender(LGBTQ+)older adults.Ensuring equal access to languages services for all is.a high priority and is achieved through a contract with Geneva Worldwide Language Services. Staff is aware of and trained in the timely and appropriate use of these language services.As a contractor with SCOFA,we will fully comply with requirements of both the Equal Access to Services and Targeting Policy(12-PI 08)and the Telephonic Interpretation Policy(12-IM-03)to meet our goal of increasing access to the most vulnerable elderly,particularly those with limited English proficiency. Access is also provided by other Town offices as Southold Town entered into a supplemental contract for language interpretation services called Language Line Solutions in May 2022.Staff will ensure that those with limited English proficiency(LEP) are informed of the availability of FREE language interpretation assistance by providing written notice in languages the LEP person will understand at service locations In addition,signs are posted at the entrance of our senior center that highlight this free service available to all seniors. Information is also posted on the Town's website informing Southold residents, community service organizations and local churches that free language assistance is available. We have increased visibility and expanded access to our services through existing print outreach, i.e. brochures,newspapers, senior center menus and activity calendars. In addition,we are featured in Eastern Long Island Hospital's Seniors Options and Solutions Program newsletter which enjoys town wide distribution.The website for Town of Southold www.southoldtownny.gov is a great resource and all activities,program announcements and updates are posted weekly. Important links for programs and services and related forms can be easily accessed. Our working relationships with Long Island Cares as a satellite food distribution site and North Fork Parish outreach continue.These agencies are also very involved with frail, low income and low-income minority elderly. Lastly, local physicians' offices have been instrumental in providing valuable outreach on our services through referrals and direct scheduling with our office. Southold Town Senior Services is partnered with Family Service League of Suffolk County NORC Program.The goal of the NORC,LI Sound Senior Care, is to improve the quality of life for geographically isolated seniors in Greenport West and Greenport Village. Our continued partnership provides us'with greater collaboration opportunities and direct access to the low-income minority elderly in this geographic area. In 2010 Southold Senior Services partnered with the North Fork Woman for Woman Fund in their NYSOFA's Community Empowerment Aging in Place Grant Program to expand and enhance awareness of available services to the lesbian community on the North Fork. In 2011,we initiated a working relationship with the SAGE organization to increase a shared awareness of available activities and services to the LGBT community and we continue to provide our senior community with their current information and outreach events.These connections continue. In 2015, Southold Town Senior Services began our partnership with the Nassau-Suffolk Hospital Council and became a host site for the Consumer Assistance for the Aged, Certified Blind and Certified Disabled Program. This partnership continues as an Application Assistance Navigator is on site one day monthly to help qualified individuals apply for health insurance coverage specific to their needs.In addition, seniors with disabilities will continue to be provided referral and/or access to 4 t f J a various services by Southold Town and ABD staff.These services include answering ADA compliance questions/complaints and assistance in applying for SCAT or other medical transportation services. Additional Outreach efforts include: • Program highlighted in the Town-wide newsletter and quarterly recreation bulletin that is mailed to all households,brochures distributed in town to pharmacies,medical offices, physical therapy offices and libraries. o Referrals from Caseworkers for the Home Delivered Meal participants • Information provided to local service agencies, community health care providers and hospitals. ® Word of mouth from satisfied seniors. • Featured in the Suffolk Times in articles, columns and editorials. • Church Bulletins. o Continue to be featured on Southold Town Government Cablevision Channel 22. * Announcements at the local senior meetings and monthly caregivers' group. © In contract with WLNG Radio to provide frequent and regular Public Service Announcements on senior programs offered. o Outreach efforts will include staffed.informational tables at hamlet post offices and grocery stores to reach more seniors. ® Continue to work with Southold Police Department in identifying and referring isolated,frail and vulnerable seniors at risk to our services. ® Community speaking engagements to local civic groups,churches and community organizations. • Co-location of NORC Program at the Senior Center's Community Outreach Office along with other community agencies. Please note, satisfaction surveys are completed annually, and all participants are provided an opportunity to make a voluntary and anonymous contribution. P 1 Rev. 1/340/2024 Law No. IFMS No. 00000014509 L,ue Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article 1A Grievance Procedures I. Purpose A. In accordance with § 306(a)(10) of the Older Americans Act, as amended(OAA),_Suffolk County Office for the Aging has established the following process for resolving the complaints from older persons who are dissatisfied with or denied services. II. NotifyinIZ Participants of Right to File Grievance A. The Contractor shall notify participants and applicants of their right to file a grievance, as follows: 1) A summary of the procedures,including a statement that assistance to file shall be provided to older persons, must be prominently posted at service delivery sites or offices at which participants and service applicants apply for services. Summaries shall also be written in languages other than English where needed to serve the client/applicant population. 2) In-home services participants shall be informed of the grievance procedures through written and verbal statements provided to them upon assessment and/or reassessment for services. B. Denial of Service. Any participant or applicant who is denied services must be given the reasons for the denial. For housekeeping, homemaker, home delivered meals, case management, and other services for which written applications are made, the denial shall be confirmed in writing and the applicant informed of the right to file a grievance and of the individual to whom the grievance shall be addressed. For congregate meals,transportation,recreation,and other services which are applied for by telephone or verbally in person,the client may be told of the right to file a grievance verbally. III. Grievance Process A. Filing of Grievance 1) Participants must submit their grievances in writing to the person(s)that has been designated by a service provider to conduct the initial review. The reviewer may be the director of the service provider agency, or any other person designated by such director who is not familiar with or otherwise involved in the particular grievance. 2) The grievance should be filled within thirty(30)days of denial,reduction,or termination of services, or of the event or circumstance with which the participant is dissatisfied. The service provider may grant an extension for good cause shown. 14 of 39 pages ARTICLE I Rev. 1/40/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 3) The grievance should be filed on the enclosed form,which shall include a written statement setting forth in detail the date,time, and circumstances that are the basis of the complaint. B. Investigation and Response to Grievance 1) The designated reviewer who performs 'the initial review shall investigate the grievance. If appropriate,this may include meeting with the grievant and/or other persons involved in the action(s) complained of or in the denial of services. The reviewer shall review all pertinent facts and/or documents, and shall determine whether the complained-of agency action or determination was consistent with applicable federal and State laws, regulations, and policies. 2) The designated reviewer shall prepare and send a written response to the grievant within fifteen(15) days after the grievance is filled. The response shall set forth the circumstances relating to the grievance, the action requested by the grievant, the findings of the reviewer, a proposed remedial action,if any,and an explanation of the determination,including the facts relied upon. A copy of its decision must be forwarded to the Director of the Suffolk County Office for the Aging. 3) The designated reviewer shall create and maintain a Complaint File consisting ofthe grievance form, all documents and/or information relied upon in making a determination,and the written response described above. C. Appeal of Initial Response/Decision. If the complaint has been handled by a service provider agency under subcontract to the Suffolk County Office for the Aging and the grievant is not satisfied with the determination reached by such service provider,the grievant has the right to further review as follows: 1) The grievant may initiate a request for subsequent review by the Suffolk County Office for the Aging Director, P.O. Box 6100, Hauppauge, New York 11788-0099 within twenty (20) calendar days following receipt of notification by the service provider agency of its decision. 2) The Suffolk County Office for the Aging Director shall request,and the subcontractor agency shall provide,copies of the Complaint File. The Suffolk County Office for the Aging Director will review the materials to ensure that pertinent policies and procedures have been applied and followed. If appropriate,the Suffolk County Office for the Aging Director or his/her designee will meet with the grievant to allow for an opportunity to present information about the grievance. 3) If policies and procedures have been adhered to,the Suffolk County Office for the Aging's Director will not overturn the decision of its subcontractor agency. If proper policies and procedures have not been applied, the Suffolk County Office for the Aging reserves the right to overturn the decision. 15 of 39 pages ARTICLE I t Rev. 1/3'0/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—.AAA Transportation 001-6806-4980-95294 The subsequent review shall be completed within forty-five(45)days of receipt of the request by the grievant and the grievant will be promptly notified in writing of the result of the subsequent review. IV. Recordkeeping The service provider agency which is handling the grievance shall keep a file,for seven(7)years,of all relevant documents and records. This shall include at a minimum: the initial grievance; any investigative reports; any written response submitted by the Suffolk County Office for the Aging or service provider agency;any documents or other records submitted by any party;the written Initial Response of the agency; and, if applicable,the notice to the grievant of the right to appeal. V. Confidentiality No information, documents, or records relating to a grievance shall be disclosed by program staff or volunteers in a form capable of identifying the grievant without the written informed consent of the grievant unless the disclosure is required by court order or program monitoring by authorized agencies. 16 of 39 pages ARTICLE I a h Rev. 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 COMPLAINT LETTER FORM Service Provider Letterhead Instructions Please complete both sides of this form. If assistance is needed in completing this form,you may contact (Name and phone). Completed forms should be sent to: Service Provider contact person and address This form must be filed within (30) calendar days of the event or action complained of unless you are granted an extension for good cause. I am requesting a review of the following grievance: ❑ I was denied service. ❑ I am not satisfied with the quality of service or an activity provided by your agency or by your service provider. ❑ I have the following grievance (briefly describe): Date/estimated date of the event or action complained of: Please describe in details what happened or what your grievance is (if you need extra space, use back side of this form): 17 of 39 pages ARTICLE I e Y Rev. 1/SO/2024 Law No. IFMS No. 00000014509 Lilac Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Please state, if you know, what relief you are seeking: Signed: Name (print): Date: Address: Phone Number: 18 of 39 pages ARTICLE I d Y Y Rev. 1/3'0/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation. . 001-6806-4980-95294 Article H d. the Contractor's failure to comply with any Definitions Federal,State or local law,rule,or regulation,and County policies or directives;or 1. Meanings of Terms e. the Contractor's bankruptcy or insolvency;or As used herein: f. the Contractor's failure to cooperate in an Audit of "Audit of Financial Statements"means the examination by Financial Statements;or the Comptroller and any Federal or State auditing authority of the financial statements of the Contractor resulting in the g. the Contractor's falsification of records or reports, publication of an independent opinion on whether or not those misuse of funds,or malfeasance or nonfeasance in financial statements are relevant,accurate,complete,and fairly financial record keeping arising out of, or in presented. connection with,any contract with the County;or "Budget"means the Contractor's summary or plan of all h. the Contractor's failure to submit, or failure to intended revenue,whether received in the form of fees,grants,County timely submit,documentation to obtain Federal or funding,or any other source,and expenditures necessary to render the State funds;or Services. i. the inability of the County or the Contractor to "Budget Deficiency Plan" means an analysis of the cost of the obtain Federal or State funds due to any act or Services,changes in fiscal conditions,and required modifications to the omission of the Contractor,or Contract to continue to render the Services. j. any condition that the County determines, in its "Comptroller"means the Comptroller of the County of Suffolk. sole discretion,is dangerous. "Contract"means all terms and conditions of this Contract forming all k. the failure to comply with Local Law 41-2013 and rights and obligations of the Contractor and the County. related contractual requirements. "Contractor"means the signatory corporation, its officers, officials, "Federal"means the United States government,its departments,and employees, agents, servants, sub-contractors, volunteers, and any agencies. successor or assign of any one or more of the foregoing performing the Services. "Fringe Benefits"means non-wage benefits which accompany,or are in addition to, a person's salary, such as paid insurance, sick leave, "County"means the County of Suffolk,its departments,and agencies. profit-sharing plans,paid holidays,and vacations. "County Attorney" means the County Attorney of the County of "Fund Source" means any direct or indirect sum payable to the Suffolk. Contractor by the County pursuant to any lawful obligation. "Department"means the signatory department approving the Contract. "Legislature"means the Legislature of the County of Suffolk. "Engineering Services" means the definition of the practice of "Management Letter" means a letter certified as true by the engineering and the definition of practice of land surveying,as the case Contractor's certified public accountant or chief financial officer of may be,under Section 7201 and Section 7203 of the State Education findings and recommendations for improvements in internal fiscal Law,respectively. control that were identified during an Audit of Financial Statements,but which were not required to be included in an audit report. "Event of Default"means "Municipal Corporation"means a town,village,or school district. a. the Contractor's failure to perform any duty required of it under paragraphs 1(b)-(e)of Article "Services"means all that which the Contractor must do,and any part III of the Contract;or thereof arising out of,or in connection with,the Contract as described in Article I"Description of Services." b. the Contractor's failure to maintain the amount and types of insurance with an authorized insurer as "State"means the State of New York. required by the Contract;or "Statement of Other Contracts" means a complete list of all other C. the Contractor's failure to maintain insurance contracts under which money has been or will be paid to the Contractor required by the Contract with an insurer that has from the County, Federal, or State governments, or a Municipal designated the New York Superintendent of Corporation, and (i) which are currently in effect or(ii) which have Insurance as its lawful agent for service of process; expired within the past twelve(12)months and have not been renewed. or 19 of 39 pages ARTICLE II Rev. 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 "Suffolk County Payment Voucher"means the document authorized and required by the Comptroller for release of payment. "Term"means the time period set forth on page one of the Contract and,if exercised by the County,the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms, associations, partnerships(including limited partnerships),trusts,corporations,and other legal entities,including public bodies,as well as natural persons, and shall include successors and assigns. Capitalized terms used,but not otherwise defined,herein,shall have the meanings assigned to them in the Contract. End of Text for Article II 20 of 39 pages ARTICLE II Rev. 1/30/2024 Law No. IFMS No. 00000014509 Lihe Item/Omnibus Grant AAA Transportation 001-6806-4980-95294 Article III Contract remains to be performed, and the General Terms and Conditions termination of the license does not affect the Contractor's ability to render the Services, every 1. Contractor Responsibilities other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted a. Duties and Obligations by law. i.) It shall be the duty of the Contractor to d. Documentation of Professional Standards discharge, or cause to be discharged, all of its responsibilities,and to administer funds received in The Contractor shall maintain on file, in one location in the interest of the County in accordance with the Suffolk County, all records that demonstrate that it has provisions of the Contract. complied with sub-paragraphs(b)and(c)above. The address of the location of the aforesaid records and documents shall ii.) The Contractor shall promptly take all be provided to the County no later than the date of execution action as may be necessary to render the Services. of the Contract. Such documentation shall be kept, maintained,and available for inspection by the County upon iii.) The Contractor shall not take any action twenty-four(24)hours notice. that is inconsistent with the provisions of the Contract. e. Credentialing iv.) Services provided under this Contract i.) In the event that the Department,or any shall be open to all residents of the County. division thereof maintains a credentialing process to qualify the Contractor to render the Services,the b. Qualifications, Licenses, and Professional Contractor shall complete the required Standards credentialing process. In the event that any State credential, registration, certification or license, The Contractor represents and warrants that it has,and shall Drug Enforcement Agency registration, or continuously possess,during the Term,the required licensing, Medicare or Medicaid certification is restricted, education,knowledge,experience,and character necessary to suspended,or temporarily or permanently revoked, qualify it to render the Services. it is the duty of the Contractor to contact the Department,or division thereof,as the case may be, The Contractor shall continuously have during the Term all in writing,no later than three(3) days after such required authorizations, certificates, certifications, restriction,suspension,or revocation. registrations,licenses,permits,and other approvals required by Federal, State, County, or local authorities necessary to ii.) The Contractor shall forward to the qualify it to render the Services. Department,or division thereof as the case may be, on or before July 1 of each year during the Term,a C. Notifications complete list of the names and addresses of all persons providing the Services, as well as their i.) The Contractor shall immediately notify respective areas of certification, credentialing, the County, in writing, of any disciplinary registration,and licensing. proceedings, commenced or pending, with any authority relating to a license held by any person f. Engineering Certificate necessary to qualify him,her,or the Contractor to perform the Services. In the event that the Contract requires any Engineering Services,the Contractor shall submit to the County,no later ii.) In the event that a person is no longer than the due date for submission for approval of any licensed to perform the Services, the Contractor engineering work product, the Certificate of Authorization must immediately notify the County, but in no ("Certificate"),issued pursuant to § 7210 of the New York event shall such notification be later than five(5) Education Law,of every person performing any Engineering days after a license holder has lost the license Services. The failure to file, submit, or maintain the required to qualify the license holder or the Certificate shall be grounds for rejection of any engineering Contractor to perform the Services. work product submitted for approval. iii.) In the event that the Contractor is not 2. Termination able to perform the Services due to a loss of license,the Contractor shall not be reimbursed for a. Thirty Days Termination the Services rendered after the effective date of termination of such license. Without limiting the The County shall have the right to terminate the Contract generality of the foregoing, if any part of the without cause,for any reason,at any time,upon such terms 21 of 39 pages ARTICLE III d c Rev. 1/3`13/2024 Law No. IFMS No. 00000014509 Li:ie Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 and conditions it deems appropriate,provided,however,that no such termination shall be effective unless the Contractor is b. The Contractor hereby represents and warrants that given at least thirty(30)days'notice. it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect, b. Event of Default;Termination on Notice indemnify,and hold harmless the County,its agents,servants, officials,and employees from and against all liabilities,fines, i.) The County may immediately terminate penalties, actions, damages, claims, demands, judgments, the Contract, for cause, upon such terms and losses,suits or actions,costs,and expenses arising out of any conditions it deems appropriate, in the Event of claim asserted for infringement of copyright, including Default as defined in Article II. reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and ii.) If the Contractor defaults under any other employees in any action or proceeding arising out of or in provision of the Contract, the County may connection with any claim asserted for infringement of terminate the Contract, on not less than five (5) copyright. days' notice, upon such terms and conditions it deems appropriate. C. The Contractor shall defend the County,its agents, servants, officials, and employees in any proceeding or C. Termination Notice action, including appeals, arising out of, or in connection with, the Contract, and any copyright infringement Any notice providing for termination shall be delivered as proceeding or action.Alternatively,at the County's option, provided for in paragraph 27 of this Article III. the County may defend any such proceeding or action and require the Contractor to pay reasonable attorneys' fees or d. Duties upon Termination salary costs of County employees of the Department of Law for the defense of any such suit. i.) The Contractor shall discontinue the Services as directed in the termination notice. 4. Insurance ii.) Subject to any defenses available to it, a. The Contractor shall continuously maintain,during the County shall pay the Contractor for the the Term of the Contract,insurance in amounts and types as Services rendered through the date of termination. follows: iii.) The County is released from any and all liability under the Contract,effective as of the date i.) Commercial General Liability insurance, of the termination notice. including contractual liability coverage, in an amount not less than Two Million Dollars iv.) Upon termination, the Contractor shall ($2,000,000.00)per occurrence for bodily injury reimburse the County the balance of any funds and Two Million Dollars ($2,000,000.00) per advanced to the Contractor by the County no later occurrence for property damage. The County shall than thirty (30) days after termination of the be named an additional insured. Contract. The provisions ofthis subparagraph shall survive the expiration or termination of the ii.) Automobile Liability insurance (if any Contract. non-owned or owned vehicles are used by the Contractor in the performance of the Contract)in V.) Nothing contained in this paragraph shall an amount not less than Five Hundred Thousand be construed as a limitation on the County's rights Dollars($500,000.00)per person,per accident,for set forth in paragraphs 1(c) (iii) and 8 of this bodily injury and not less than One Hundred Article III. Thousand Dollars ($100,000.00) for property damage per occurrence.The County shall be named 3. Indemnification and Defense an additional insured. a. The Contractor shall protect,indemnify,and hold iii.) Workers'Compensation and Employer's harmless the County, its agents, servants, officials, and Liability insurance,Disability Benefits insurance, employees from and against all liabilities, fines, penalties, including coverage for Paid Family Leave Benefits actions,damages,claims,demands,judgments,losses,suits in compliance with all applicable New York State or actions, costs,and expenses caused by the negligence or laws and regulations and Disability Benefits any acts or omissions of the Contractor, including insurance,if required by law. The Contractor shall reimbursement of the cost of reasonable attorneys' fees furnish to the County,prior to its execution of the incurred by the County, its agents, servants, officials, and Contract,the documentation required by the State employees in any action or proceeding arising out of,or in of New York Workers' Compensation Board of connection with,the Contract. coverage or exemption from coverage pursuant to 22 of 39 pages ARTICLE III r t 0 c Rev. 1/3'0/2024 Law No. IFMS No. 00000014509 Libe Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 §§57 and 220 of the Workers'Compensation Law. anything contained in this Contract,the Contract shall not be In accordance with General Municipal Law§108, construed as creating a principal-agent relationship between the Contract shall be void and of no effect unless the County and the Contractor or the Contractor and the the Contractor shall provide and maintain coverage County,as the case may be. during the Term for the benefit of such employees as are required to be covered by the provisions of 6. Severability the Workers'Compensation Law. It is expressly agreed that if any term or provision of this iv.) Professional Liability insurance in an Contract, or the application thereof to any person or amount not less than Two Million Dollars circumstance, shall be held invalid or unenforceable to any ($2,000,000.00) on either a per-occurrence or extent,the remainder of the Contract, or the application of claims-made coverage basis. such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable,shall not b. The County may mandate an increase in the liability be affected thereby,and every other term and provision of the limits set forth in the immediately preceding paragraphs Contract shall be valid and shall be enforced to the fullest (4)(a)(i),(ii),and(iv). extent permitted by law. C. All policies providing such coverage shall be issued 7. Merger;No Oral Changes by insurance companies authorized to do business in New York with an A.M.Best rating of A-or better. It is expressly agreed that the Contract represents the entire agreement of the parties and that all previous understandings d. The Contractor shall furnish to the County,prior to are herein merged in the Contract. No modification of the the execution of the Contract, declaration pages for each Contract shall be valid unless in written form and executed by policy of insurance, other than a policy for commercial both parties. general liability insurance, and upon demand, a true and certified original copy of each such policy evidencing S. Set-Off Rights compliance with the aforesaid insurance requirements. The County shall have all of its common law,equitable,and e. In the case of commercial general liability insurance statutory rights of set-off. These rights shall include,but not the Contractor shall furnish to the County, prior to the be limited to,the County's option to withhold from a Fund execution of the Contract, a declaration page or insuring Source an amount no greater than any sum due and owing to agreement and endorsement page evidencing the County's the County for any reason. The County shall exercise its set- status as an additional insured on said policy, and upon off rights subject to approval by the County Attorney. In demand, a true and certified original copy of such policy cases of set-off pursuant to a Comptroller's audit,the County evidencing compliance with the aforesaid insurance shall only exercise such right after the finalization thereof, requirements. and only after consultation with the County Attorney. f. All evidence of insurance shall provide for the 9. Non-Discrimination in Services and Employment County to be notified in writing thirty(30)days prior to any cancellation,nonrenewal,or material change in the policy to a. The Contractor shall not, on the grounds of race, which such evidence relates. It shall be the duty of the creed, color, national origin, sex, age, disability, sexual Contractor to notify the County immediately of any orientation,military status,or marital status cancellation,nonrenewal,or material change in any insurance policy. i.) deny any individual the Services provided pursuant to the Contract;or g. In the event the Contractor shall fail to provide ii.) provide the Services to an individual that evidence of insurance,the County may provide the insurance is different, or provided in a different required in such manner as the County deems appropriate and manner, from those provided to others deduct the cost thereof from a Fund Source. pursuant to the Contract;or iii.) subject an individual to segregation or h. If the Contractor is a Municipal Corporation and separate treatment in any matter related has a self-insurance program under which it acts as a self- to the individual's receipt of the Services insurer for any of such required coverage,the Contractor shall provided pursuant to the Contract;or provide proof acceptable to the County, of self-funded iv.) restrict an individual in any way from coverage. any advantage or privilege enjoyed by others receiving the Services provided 5. Independent Contractor pursuant to the Contract;or V.) treat an individual,differently from others The Contractor is not, and shall never be, considered an in determining whether or not the employee of the County for any purpose. Notwithstanding individual satisfies any eligibility or 23 of 39 pages ARTICLE III r � C Rev. 1/3b/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 other requirements or conditions which shall continue as long as the Term.The determination as to individuals must meet in order to receive whether or when a conflict may potentially exist shall the Services provided pursuant to the ultimately be made by the County Attorney after full Contract;or disclosure is obtained. vi.) discriminate against employees or applicants for employment. 14. Cooperation on Claims b. The Contractor shall not utilize criteria or methods The Contractor and the County shall render diligently to each of administration which have the effect of subjecting other, without compensation, any and all cooperation that individuals to discrimination because of their race, creed, may be required to defend the other party,its employees and color,national origin,sex,age,disability,sexual orientation, designated representatives, against any claim, demand or military status, or marital status, or have the effect of action that may be brought against the other party, its substantially impairing the Contract with respect to employees or designated representatives arising out of,or in individuals of a particular race,creed,color,national origin, connection with,the Contract. sex, age, disability, sexual orientation, military status, or marital status,in determining: 15. Confidentiality i.) the Services to be provided;or Any document of the County,or any document created by the Contractor and used in rendering the Services,shall remain ii.) the class of individuals to whom,or the the property of the County and shall be kept confidential in situations in which,the Services will be accordance with applicable laws,rules,and regulations. provided;or 16. Assignment and Subcontracting iii.) the class of individuals to be afforded an opportunity to receive the Services. a. The Contractor shall not delegate its duties under the Contract,or assign,transfer,convey,subcontract,sublet, 10. Nonsectarian Declaration or otherwise dispose of the Contract,or any of its right,title or interest therein, or its power to execute the Contract, or The Services performed under the Contract are secular in assign all or any portion of the moneys that may be due or nature. No funds received pursuant to the Contract shall be become due hereunder, (collectively referred to in this used for sectarian purposes or to further the advancement of paragraph 16 as"Assignment"),to any other person,entity or any religion. The Services will be available to all eligible thing without the prior written consent of the County,and any individuals regardless of religious belief or affiliation. attempt to do any of the foregoing without such consent shall be void ab initio. 11. Governing Law b. Such Assignment shall be subject to all of the The Contract shall be governed by, and construed in provisions of the Contract and to any other condition the accordance with,the laws of the State of New York,without County requires. No approval of any Assignment shall be regard to conflict of laws.Venue shall be designated in the construed as enlarging any obligation ofthe County under the Supreme Court, Suffolk County,the United States District terms and provisions of the Contract. No Assignment of the Court for the Eastern District of New York,or,if appropriate, Contract or assumption by any person of any duty of the a court of inferior jurisdiction in Suffolk County. Contractor under the Contract shall provide for,or otherwise be construed as,releasing the Contractor from any term or 12. No Waiver provision of the Contract. It shall not be construed that any failure or forbearance of the 17. Changes to Contractor County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. a. The Contractor may,from time to time,only with Such provision shall otherwise remain in full force and effect, the County's written consent,enter into a Permitted Transfer. notwithstanding any such failure or forbearance. For purposes of the Contract,a Permitted Transfer means: 13. Conflicts of Interest i.) if the Contractor is a partnership, the withdrawal or change, whether The Contractor shall not,during the Term,pursue a course of voluntary,involuntary or by operation of conduct which would cause a reasonable person to believe law, of the partners, or transfer of that he or she is likely to be engaged in acts that create a partnership interests (other than the substantial conflict between its obligations under the Contract purchase of partnership interests by and its private interests. The Contractor is charged with the existing partners,by the partnership itself duty to disclose to the County the existence of any such or the immediate family members by adverse interests, whether existing or potential. This duty reason of gift, sale or devise), or the 24 of 39 pages ARTICLE III C � o Rev: 1/3'0/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 dissolution of the partnership without the transferee has not been convicted of a criminal offense as immediate reconstitution thereof,and described under Article II of Chapter 189 of the Suffolk County Code. The County shall grant or deny its consent to ii.) if the Contractor is a closely held any request of a Permitted Transfer within twenty(20)days corporation (i.e. whose stock is not after delivery to the County of the Transfer Notice, in publicly held and not traded through an accordance with the provisions of Paragraph 27 of Article III exchange or over the counter): of the Contract. If the County shall not give written notice to the Contractor denying its consent to such Permitted Transfer 1. the dissolution, merger, (and setting forth the basis for such denial in reasonable consolidation or other detail)within such twenty(20)-day period,then the County reorganization of the shall be deemed to have granted its consent to such Permitted Contractor;and Transfer. 2. the sale or other transfer of e. Notwithstanding the County's consent, twenty percent(20%)or more of the shares of the Contractor i.) the terms and conditions of the Contract (other than to existing shall in no way be deemed to have been shareholders, the corporation waived or modified;and itself or the immediate family members of shareholders by ii.) such consent shall not be deemed reason of gift,sale or devise). consent to any further transfers. b. If the Contractor is a not-for-profit corporation,a 18. No Intended Third Party Beneficiaries change of twenty percent (20%) or more of its shares or members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a C. The Contractor shall notify the County in writing, beneficiary of the Contract and no third party shall have the which notice(the"Transfer Notice")shall include: right to make any claim or assert any right under the Contract. i.) the proposed effective date of the 19. Certification as to Relationships Permitted Transfer, which shall not be less than thirty(30)days nor more than The Contractor certifies under penalties of perjury that to the one hundred eighty(180)days after the best of its knowledge,other than through the funds provided date of delivery of the Transfer Notice; in the Contract and other valid agreements with the County, there is no known spouse,life partner,business,commercial, ii.) a summary of the material terms of the economic, or financial relationship with the County or its proposed Permitted Transfer; elected officials. The Contractor also certifies to the best of its knowledge that there is no relationship within the third iii.) the name and address of the proposed degree of consanguinity,between the Contractor,any of its transferee; partners, members, directors, or shareholders owning five (5%)percent or more of the Contractor,and the County. The iv.) such information reasonably required by foregoing certification shall not apply to a contractor that is a the County, which will enable the municipal corporation or a government entity. County to determine the financial responsibility, character,and reputation 20. Publications of the proposed transferee,nature of the proposed assignee/transferee's business Any book,article,report,or other publication related to the and experience; Services provided pursuant to this Contract shall contain the following statement in clear and legible print: V.) all executed forms required pursuant to Article IV of the Contract, that are "This publication is fully or partially funded required to be submitted by the by the County of Suffolk." Contractor;and 21. Copyrights and Patents vi.) such other information as the County may reasonably require. a. Copyrights d. The County agrees that any request for its consent Any and all materials generated by or on behalf of the to a Permitted Transfer shall be granted,provided that the Contractor while performing the Services(including,without transfer does not violate any provision of the Contract, and limitation,designs,images,video,reports,analyses,manuals, 25 of 39 pages ARTICLE III 6 t $ Rev. 1/3b/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 films,tests,tutorials,and any other work product of any kind) 23. Lawful Hiring of Employees Law in Connection with and all intellectual property rights relating thereto ("Work Contracts for Construction or Future Construction Product") are and shall be the sole property of the County. The Contractor hereby assigns to the County its entire right, In the event that the Contract is subject to the Lawful Hiring title and interest,if any,to all Work Product,and agrees to do of Employees Law of the County of Suffolk,Suffolk County all acts and execute all documents,and to use its best efforts Code Article H of Chapter 353,as more fully set forth in the to ensure that its employees, consultants, subcontractors, Article entitled"Suffolk County Legislative Requirements," vendors and agents do all acts and execute any documents, the Contractor shall maintain the documentation mandated to necessary to vest ownership in the County of any and all be kept by this law on the construction site at all times. Work Product. The Contractor may not secure copyright Employee sign-in sheets and register/log books shall be kept protection. The County reserves to itself,and the Contractor on the construction site at all times and all covered hereby gives to the County, and to any other person employees, as defined in the law, shall be required to sign designated by the County, consent to produce, reproduce, such sign-in sheets/register/log books to indicate their publish,translate,display or otherwise use the Work Product. presence on the construction site during such working hours. This paragraph shall survive any completion,expiration or termination of this Contract. 24. Certification Regarding Lobbying The County shall be deemed to be the author of all the Work Together with this Contract and as a condition precedent to Product. The Contractor acknowledges that all Work Product its execution by the County, the Contractor shall have shall constitute "work made for hire" under .the U.S. executed and delivered to the County the Certification copyright laws. To the extent that any Work Product does not Regarding Lobbying (if payment under this Contract may constitute a "work made for hire," the Contractor.hereby exceed $100,000) as required by Federal regulations, and assigns to the County all right,title and interest,including the shall promptly advise the County of any material change in right,title and interest to reproduce, edit,adapt, modify or any of the information reported on such Certification, and otherwise use the Work Product, that the Contractor may shall otherwise comply with, and shall assist the County in have or may hereafter acquire in the Work Product,including complying with, said regulations as now in effect or as all intellectual property rights therein, in any manner or amended during the term of this Contract. medium throughout the world in perpetuity without compensation. This includes,but is not limited to,the right 25. Record Retention to reproduce and distribute the Work Product in electronic or optical media,or in CD-ROM,on-line or similar format. The Contractor shall retain all accounts,books,records,and other documents relevant to the Contract for seven(7)years b. Patents after final payment is made by the County. Federal, State, and/or County auditors and any persons duly authorized by If the Contractor develops, invents, designs or creates any the County shall have full access and the right to examine any idea, concept, code, processes or other work or materials of said materials during said period. Such access is granted during the Term, or as a result of any Services performed notwithstanding any exemption from disclosure that may be under the Contract("patent eligible subject matter"),it shall claimed for those records which are subject to nondisclosure be the sole property of the County. The Contractor hereby agreements, trade secrets and commercial information or assigns to the County its entire right,title and interest,if any, financial information that is privileged or confidential to all patent eligible subject matter,and agrees to do all acts Without limiting the generality of the foregoing, records and execute all documents, and to use its best efforts to directly related to contract expenditures shall be kept for a ensure that its employees, consultants, subcontractors, period of ten(10)years because the statute of limitations for vendors and agents do all acts and execute any documents, the New York False Claims Act(New York False Claims Act necessary to vest ownership in the County of any and all § 192)is ten(10)years. patent eligible subject matter. The Contractor may not apply for or secure for itself patent protection. The County reserves 26. Contract Agency Performance Measures and Reporting to itself,and the Contractor hereby gives to the County,and Requirements—Local Law No.41-2013 to any other person designated by the County, consent to produce or otherwise use any item so discovered and/or the a. If payment under this Contract may exceed right to secure a patent for the discovery or invention. This $50,000,it is subject to the requirements of Suffolk County paragraph shall survive any completion, expiration or Local Law No. 41-2013, a Local Law to Implement termination of this Contract. Performance Measurement to Increase Accountability and Enhance Service Delivery by Contract Agencies(Article VIII 22. Arrears to County of Chapter 189 of the Suffolk County Code)as set forth in Article IV entitled "Suffolk County Legislative Contractor warrants that, except as may otherwise be Requirements." authorized by agreement, it is not in arrears to the County upon any debt,contract,or any other lawful obligation,and is b. The Contractor shall cooperate with the Department not in default to the County as surety. in all aspects necessary to help carry out the requirements of 26 of 39 pages ARTICLE III a f c C Rev. 1/3*0/2024 Law No. IFMS No. 00000014509 Lune Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 the Law.Based on criteria established by the Contractor in conjunction with the Department,the Contractor shall submit monthly reports regarding the Contractor's performance relative to the established criteria, on dates and times as specified by the Department,as more fully set forth in Article I and Article IV of this Contract. C. The Contractor shall submit an annual report to the Department regarding the Contractor's performance no later than July 31 of each year of the Term.All performance data and reports will be subject to audit by the Comptroller. 27. Notice Unless otherwise expressly provided,all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1.) to the Contractor at the address on page 1 of the Contract and 2.)to the County at the Department,or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O.Box 6100,(Sixth Floor),Hauppauge,New York,11788- 0099. End of Text for Article III 27 of 39 pages ARTICLE III r r Rev. 1/36/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article IV COMPENSATION-LIVING WAGE Suffolk County Legislative Requirements CERTIFICATION/DECLARATION-SUBJECT TO AUDIT." NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE REQUIREMENTS FORMS REFERENCED HEREIN ARE 3. Use of County Resources to Interfere with Collective AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON Bargaining Activities THE SIGNATURE PAGE OF THIS CONTRACT. It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Article I of 1. Contractor's/Vendor's Public Disclosure Statement Chapter 803 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar County Contractors (as defined by section 803-2) shall with, and comply with the requirements of section A5-8 of comply with all requirements of Chapter 803 of the Suffolk Article V of the Suffolk County Code. County Code,including the following prohibitions: Unless certified by an officer of the Contractor as being a. The Contractor shall not use County funds to assist, exempt from the requirements of section A5-8 of Article V of promote,or deter union organizing. the Suffolk County Code, the Contractor represents and warrants that it has filed with the Comptroller the verified b. No County funds shall be used to reimburse the public disclosure statement required by Suffolk County Contractor for any costs incurred to assist,promote,or deter Administrative Code Article V,section A5-8 and shall file an union organizing. update of such statement with the Comptroller on or before the 31st day of January in each year of the Contract's C. No employer shall use County property to hold a duration. The Contractor acknowledges that such filing'is a meeting with employees or supervisors if the purpose of such material,contractual and statutory duty and that the failure to meeting is to assist,promote,or deter union organizing. file such statement shall constitute a material breach of the Contract, for which the County shall be entitled, upon a If the Services are performed on County property, the determination that such breach has occurred,to damages,in Contractor must adopt a reasonable access agreement, a addition to all other legal remedies,of fifteen percent(15%) neutrality agreement, fair communication agreement, non- of the amount of the Contract. intimidation agreement, and a majority authorization card agreement. Required Form: Suffolk County Form SCEX 22; entitled If the Services are for the provision of human services and are "Contractor's/Vendor's Public Disclosure Statement" not to be performed on County property,the Contractor must adopt,at the least,a neutrality agreement. 2. Living Wage Law Under the provisions of Chapter 803,the County shall have It shall be the duty of the Contractor to read,become familiar the authority,under appropriate circumstances,to terminate with, and comply with the requirements of Chapter 575,of the Contract and to seek other remedies as set forth therein, the Suffolk County Code. for violations of this Law. This Contract is subject to the Living Wage Law of the Required Form: County of Suffolk. The law requires that, unless specific Suffolk County Labor Law Form DOL-LO1 (Revised exemptions apply, all employers(as defined)under service 2/2020); entitled "Suffolk County Department of Labor, contracts and recipients of County financial assistance, (as Licensing & Consumer Affairs — Union Organizing defined) shall provide payment of a minimum wage to Certification/Declaration-Subject to Audit." employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk 4. Lawful Hiring of Employees Law County Living Wage Law of the County of Suffolk.Under the provisions of the Living Wage Law,the County shall have It shall be the duty of the Contractor to read,become familiar the authority,under appropriate circumstances,to terminate with, and comply with the requirements of Article II of the Contract and to seek other remedies as set forth therein, Chapter 353 of the Suffolk County Code. for violations of this Law. This Contract is subject to the Lawful Hiring of Employees Required Forms: Law of the County of Suffolk. It provides that all covered Suffolk County Living Wage Form DOL-LW1/38(Revised employers, (as defined),and the owners thereof,as the case 12/2021) entitled "SUFFOLK COUNTY DEPARTMENT may be,that are recipients of compensation from the County OF LABOR, LICENSING & CONSUMER AFFAIRS— through any grant, loan, subsidy, funding, appropriation, NOTICE OF APPLICATION FOR COUNTY payment, tax incentive, contract, subcontract, license 28 of 39 pages ARTICLE IV Rev. 1/36i2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 agreement,lease or other financial compensation agreement books to indicate their presence on the site during such .issued by the County or an awarding agency, where such working hours. compensation is one hundred percent(100%)funded by the County, shall submit a completed sworn affidavit (under Required Forms: penalty of perjury),the form of which is attached,certifying "SUFFOLK COUNTY DEPARTMENT OF LABOR, that they have complied,in good faith,with the.requirements LICENSING, & CONSUMER AFFAIRS — NOTICE OF of Title 8 of the United States Code Section 1324a with APPLICATION TO CERTIFY COMPLIANCE WITH respect to the hiring of covered employees(as defined)and FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH with respect to the alien and nationality status of the owners RESPECT TO LAWFUL HIRING OF EMPLOYEES, thereof. The affidavit shall be executed by an authorized Suffolk County Code,Chapter 353 (2006)"DOL-LHE 1/2 representative of the covered employer or owner,as the case (REVISED 8/2017). may be;shall be part of any executed contract,subcontract, 5. Gratuities license agreement, lease or other financial compensation agreement with the County; and shall be made available to It shall be the duty of the Contractor to read,become familiar the public upon request. with,and comply with the requirements of Chapter 664 of the Suffolk County Code. All contractors and subcontractors (as defined) of covered employers, and the owners thereof,as the case may be,that The Contractor represents and warrants that it has not offered are assigned to perform work in connection with a County or given any gratuity to any official,employee or agent of the contract, subcontract, license agreement, lease or other County or the State or of any political party,with the purpose financial compensation agreement issued by the County or or intent of securing an agreement or securing favorable awarding agency,where such compensation is one hundred treatment with respect to the awarding or amending of an percent (100%) funded by the County, shall submit to the agreement or the making of any determinations with respect covered employer a completed sworn affidavit(under penalty to the performance of an agreement. of perjury),the form of which is attached,certifying that they have complied,in good faith,with the requirements of Title 8 6. Prohibition Against Contracting with Corporations of the United States Code Section 1324a with respect to the that Reincorporate Overseas hiring of covered employees and with respect to the alien and nationality status of the owners thereof,as the case may be. It shall be the duty of the Contractor to read,become familiar The affidavit shall be executed by an authorized representative of the contractor,subcontractor,or owner,as with, and comply with the requirements of sections A4-13 re p and A4-14 of Article IV of the Suffolk County Code. the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial The Contractor represents that it is in compliance with compensation agreement between the covered employer and sections A4-13 and A4-14 of Article IV of the Suffolk the County;and shall be made available to the public upon County Code. Such law provides that no contract for request. consulting services or goods and services shall be awarded by the County to a business previously incorporated within the An updated affidavit shall be submitted by each such U.S.A.that has reincorporated outside the U.S.A. employer,owner,contractor and subcontractor no later than January 1 of each year for the duration of any contract and upon the renewal or amendment of the Contract, and 7. Child Sexual Abuse Reporting Policy whenever a new contractor or subcontractor is hired under the terms of the Contract. It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Article II of The Contractor acknowledges that such filings are a material, Chapter 880 of the Suffolk County Code. contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the The Contractor shall comply with Article II of Chapter 880, Contract. of the Suffolk County Code, entitled"Child Sexual Abuse Reporting Policy,"as now in effect or amended hereafter or Under the provisions of the Lawful Hiring of Employees of any other Suffolk County Local Law that may become Law, the County shall have the authority to terminate the applicable during the term of the Contract with regard to Contract for violations of this Law and to seek other remedies child sexual abuse reporting policy. available under the law. S. Non Responsible Bidder The documentation mandated to be kept by this law shall at all times be kept on site. Employee sign-in sheets and It shall be the duty of the Contractor to read,become familiar register/log books shall be kept on site at all times during with, and comply with the requirements of Article II of working hours and all covered employees,as defined in the Chapter 189 of the Suffolk County Code. law,shall be required to sign such sign-in sheets/register/log 29 of 39 pages ARTICLE IV e g e t Rev. 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Upon signing the Contract,the Contractor certifies that it has Local Law No. 20-2013, a Local Law to Safeguard the not been convicted of a criminal offense within the last ten Personal Information of Minors in Suffolk County. (10)years. The term"conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered All contract agencies that provide services to minors are under section 189-5 of the Suffolk County Code under required to protect the privacy of the minors and are strictly "Nonresponsible Bidder." prohibited from selling or otherwise providing to any third 9. Use of Funds in Prosecution of Civil Actions party,in any manner whatsoever,the personal or identifying Prohibited information of any minor participating in their programs. 13. Contract Agency Performance Measures and It shall be the duty of the Contractor to read,become familiar Reporting Requirements with, and comply with the requirements of Article III of Chapter 893 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Suffolk County The Contractor shall not use any of the moneys,in part or in Local Law No. 41-2013, a Charter Law to Implement whole, and either directly or indirectly,received under the Performance Measurement to Increase Accountability and Contract in connection with the prosecution of any civil Enhance Service Delivery by Contract Agencies(Article VIII action against the County in any jurisdiction or any judicial or of Chapter 189 of the Suffolk County Code)as more fully set administrative forum. forth in Article I and Article III of this Contract. 10. Youth Sports All contract agencies having a contract in excess of$50,000 shall cooperate with the contract's administering department It shall be the duty of the Contractor to read,become familiar to identify the key performance measures related to the with, and comply with Article III of Chapter 730 of the objectives of the services that the contract agency provides Suffolk County Code. and shall develop an annual performance reporting plan.The contract agency shall cooperate with the administering All contract agencies that conduct youth sports programs are department and the County Executive's Performance required to develop and maintain a written plan or policy Management Team to establish appropriate performance addressing incidents of possible or actual concussion or other indicators and targets for monthly evaluation of the contract head injuries among sports program participants.Such plan or agency's performance. policy must be submitted prior to the award of a County contract,grant or funding. Receipt of such plan or policy by the County does not represent approval or endorsement of 14. Suffolk County Local Laws Website Address any such plan or policy,nor shall the County be subject to any liability in connection with any such plan or policy. Suffolk County Local Laws, Rules and Regulations can be accessed on the homepage of the Suffolk County Legislature. 11. Work Experience Participation 15. Suffolk County Code of Ethics If the Contractor is a not-for-profit or governmental agency or As required by Suffolk County Standard Operating Procedure institution,each of the Contractor's locations in the County at A-06, the following is a link to the Suffolk County Ethics which the Services are provided shall be a work site for Booklet,which contains the provisions of the Suffolk County public-assistance clients of Suffolk County pursuant to Code of Ethics: Chapter 281 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum of hgps://suffolkcountygy.gov/Portals/0/fonnsdocs/Boardofethic Understanding("MOU")with the Suffolk County Department s/Code%20o1%2OEthics%20Booklet%20- of Labor for work experience is in effect at the beginning of %20New%2ORevised%2OMav%2O2Ol7.pdf the Term of the Contract, the Contractor, if it is a not-for- profit or governmental agency or institution,shall enter into 16. Notification of Cyber Security Breach such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in It shall be the duty of the Contractor to read,become familiar accordance with the Contract, for which the County may with,and comply with the requirements of section A5-22 of withhold payment,terminate the Contract or exercise such Article V of the Suffolk County Administrative Code. other remedies as may be appropriate in the circumstances. The Contractor(as defined in section A5-22)certifies that it 12. Safeguarding Personal Information of Minors has policies and procedures in place for the effective management of any cyber security breach, event or attack. It shall be the duty of the Contractor to read,become familiar The Contractor shall, within 48 hours, notify the Chief with, and comply with the requirements of Suffolk County Information Security Officer ("CISO") at the Office of Information Technology located at William J. Lindsay 30 of 39 pages ARTICLE IV Rev. 1/3'0/2024 Law No. IFMS No. 00000014509 Liae Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 County Complex — Building 50, 725 Veterans Memorial Highway,Hauppauge,New York 11788 and the Department named on the signature page of this Contract, of any cyber breach,event or attack,as defined in section A5-22 of Article V of the Suffolk County Administrative Code. The Contractor,upon completion of its investigation of the cyber breach,event or attack,shall provide a written report of the findings of the completed investigation to the CISO. End of Text for Article IV 31 of 39 pages ARTICLE IV � � r Rev. 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article V remedies that the County may have, failure to supply the General Fiscal Terms and Conditions required documentation will disqualify the Contractor from any further County contracts. 1. General Payment Terms C. Payment by County a. Presentation of Suffolk County Payment Voucher Payment by the County shall be made within thirty(30)days after approval of the Suffolk County Payment Voucher bythe In order for payment to be made by the County to the Comptroller. Contractor for the Services,the Contractor shall prepare and present a Suffolk County Payment Voucher,which shall be d. Budget Modification documented by sufficient,competent and evidential matter. Each Suffolk County Payment Voucher submitted for i.) The parties shall use the Contract Budget payment is subject to Audit at any time during the Term or Modification Request form ("Budget Modification any extension thereof. This provision shall survive expiration S for revisions to the or termination of this Contract for a period of not less than Budget and Services not involving an seven(7)years,and access to records shall be as set forth in increase to the total cost of the Contract. If the Contractor is seeking such a paragraph 25 of Article III,and paragraph 4(b)of Article V. modification, the Contractor shall b. Voucher Documentation contact the Department to receive the form and enter the required information. The Suffolk County Payment Voucher shall list all When the County and the Contractor information regarding the Services and other items for which agree as to such revisions,the Contractor expenditures have been or will be made in accordance with shall sign the Budget Modification form the Contract. Either upon execution of the Contract(for the and return it to the County for execution Services already rendered and expenditures already made),or along with any other documentation the not more than thirty (30) days after the expenditures were Department may require. made,and in no event after the 31 It day of January following the end of each year of the Contract, the Contractor shall ii.) Such request must be made in advance furnish the County with detailed documentation in support of incurring any expenditure for which the revision is needed. the payment for the Services or expenditures under the Contract, e.g., dates of the Service, worksite locations, activities,hours worked, pay rates and all program Budget iii.) Upon complete execution of the Budget categories. The Suffolk County Payment Voucher shall Modification form, the County shall include time records,certified by the Contractor as true and return a copy to the Contractor. The accurate,of all personnel for whom expenditures are claimed revision shall not be effective until the during the period. Time and attendance records of a Budget Modification is completely Contractor's Director/Executive Director shall be certified by executed. the Chairperson,President or other designated member of the Board of Directors of the Contractor and shall be maintained iv.) The Budget Modification form may be by the Contractor for audit. All Suffolk County Payment submitted only twice per calendar year Vouchers must bear a signature as that term is defined and may only be submitted prior to pursuant to New York State General Construction Law§46 November 151•of that year. by duly authorized persons, and certification of such authorization with certified specimen signatures thereon must e. Budget and/or Services Revisions be filed with the County by a Contractor official empowered to sign the Contract. i.) The parties shall use the Contract Budget/Services Revision Approval Disbursements made by the Contractor in accordance with the Form (Budget/Services Revisions) for Contract and submitted for reimbursement must be revisions to the Budget and Services documented and must comply with accounting procedures as involving any change to the total cost of set forth by the Suffolk County Department of Audit and the Contract due to a resolution of the Control. Documentation, including any other form(s) Legislature, changes to the County's required by County or the Suffolk County Department of adopted annual budget,or for any other Audit and Control,shall be furnished to the County pursuant reason necessitating revisions to the to, and as limited by, the Regulations for Accounting Budget or Services. Procedures for Contract Agencies of the Suffolk County ii.) When the County and the Contractor Department of Audit and Control. In addition to any other agree as to such revisions, the 32 of 39 pages ARTICLE V V r Rev. 1/30/2024 Law No. IFMS No. 00000014509 Lane Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Department will enter the information the Contractor shall implement those terms and conditions in into the Budget/Services Revisions Form no less than fourteen(14)days. and send it to the Contractor for signature.The Contractor shall return it 3. Personnel Salaries, Pension and Employee Benefit to the County for execution along with Plans,Rules and Procedures any other documentation the Department may require. a. Upon request, the Contractor shall submit to the County a current copy,certified by the Contractor as true and iii.) Upon complete execution of the form by accurate,of its the parties, the County shall return a copy to the Contractor. The revision i.) salary scale for all positions listed in the shall not be effective until the Budget; Budget/Services Revisions Form is completely executed. ii.) personnel rules and procedures; f. Taxes iii.) pension plan and any other employee benefit plans or arrangements. The charges payable to the Contractor under the Contract are exclusive of federal,state,and local taxes,the County being a b. The Contractor shall not be entitled to municipality exempt from payment of such taxes. reimbursement for costs under any pension or benefit plan the g. Final Voucher Comptroller deems commercially unreasonable. The acceptance by the Contractor of payment of all billings C. Notwithstanding anything in this paragraph 3 of made on the final approved Suffolk County Payment Voucher this Article V,the County shall not be limited in requesting shall operate as and shall be a release of the County from all such additional financial information it deems reasonable. claims by the Contractor through the date of the Voucher. 4. Accounting Procedures 2. Subject to Appropriation of Funds a. The Contractor shall maintain accounts, books, a. The Contract is subject to the amount of funds records, documents, other evidence, and accounting appropriated each fiscal year and any subsequent procedures and practices which sufficiently and properly modifications thereof by the County Legislature, and no reflect all direct and indirect costs of any nature expended in liability shall be incurred by the County beyond the amount of the performance of the Contract,in accordance with generally funds appropriated each fiscal year by the County Legislature accepted accounting principles and with rules,regulations and for the Services. financial directives, as may be promulgated by the Suffolk County Department of Audit and Control and the Department. b. If the County fails to receive Federal or State funds The Contractor shall permit inspection and audit of such originally intended to pay for the Services,or to reimburse the accounts,books,records, documents and other evidence by County, in whole or in part, for payments made for the the Department and the Suffolk County Comptroller,or their Services,the County shall have the sole and exclusive right representatives,as often as,in their judgment,such inspection to: is deemed necessary. Such right of inspection and audit as set forth in subparagraph b. below shall exist during the Term i.) determine how to pay for the Services; and for a period of seven (7) years after expiration or termination of the Contract. ii.) determine future payments to the Contractor;and b. The Contractor shall retain all accounts, books, records, and other documents relevant to the Contract for iii.) determine what amounts, if any, are seven(7)years after final payment is made by the County. reimbursable to the County by the Federal, State,and/or County auditors and any persons duly Contractor and the terms and conditions authorized by the County shall have full access and the right under which such reimbursement shall to examine any of said materials during said period. Such be paid. access is granted notwithstanding any exemption from disclosure that may be claimed for those records which are C. The County may,during the Term,impose a Budget subject to nondisclosure agreements, trade secrets and Deficiency Plan. In the event that a Budget Deficiency Plan commercial information or financial information that is is imposed,the County shall promptly notify the Contractor in privileged or confidential. writing of the terms and conditions thereof,which shall be deemed incorporated in and made a part of the Contract,and 33 of 39 pages ARTICLE V c r Rev,. 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 C. The Contractor shall utilize the accrual basis of i.) a current license issued by the New York accounting and will submit all financial reports and claims State Education Department; based on this method of accounting during the Term. ii.) sufficient auditing experience in the not- for-profit,governmental or profit-making 5. Audit of Financial Statements areas,as applicable;and a. All payments made under the Contract are subject iii.) a satisfactory peer review issued within to audit by the Comptroller pursuant to Article V of the not more than three(3)years prior to the Suffolk County Charter. The Contractor further agrees that date when the Auditor was selected to the Comptroller and the Department shall have access to and conduct the audit. the right to examine, audit, excerpt, copy or transcribe any C. The audit must be conducted in accordance with pertinent transactions or other records relating to services generally accepted governmental auditing standards. under the Contract. If such an audit discloses overpayments Financial statements must clearly differentiate between by the County to the Contractor,within thirty(30)days after County-funded programs and other programs that the the issuance of an official audit report by the Comptroller or Contractor may be operating. The use of subsidiary schedules his duly designated representatives,the Contractor shall repay should be encouraged for this purpose. The Auditor must the amount of such overpayment by check to the order of the also prepare a Management Letter based on the audit. Suffolk County Comptroller or shall submit a proposed plan of repayment to the Comptroller. If there is no response,or if d. "Subrecipients"—Federally Funded Programs satisfactory repayments are not made,the County may recoup and Grants overpayments from any amounts due or becoming due to the Contractor from the County under the Contract or otherwise. i.) In the event the Contractor is a "Subrecipient"as that term is defined in b. The provisions of this paragraph shall survive the 2 CFR § 200.93 and the Contractor expiration or teiniination of the Contract for a period of seven expends seven hundred fifty thousand (7) years, and access to records shall be as set forth in 25 of Article III andparagraph 4 b of Article V. ($750,000.00)dollars or more of Federal paragraph ( ) moneys,whether as a recipient expending 6. Financial Statements and Audit Requirements awards received directly from Federal awarding agencies or as a Contractor a. Notwithstanding any other reporting or certification expending Federal awards received from requirements of Federal, State, or local authorities, the a pass-through entity such as New York Contractor shall obtain the services of an independent State and/or Suffolk County,during any licensed public accountant or certified public accountant(the fiscal year within which it receives "Auditor") to audit its financial statements for each funding under the Contract, the audit Contractor's "fiscal year" in which the Contractor has referred to under this paragraph 6 must received, or will receive, three hundred thousand be conducted and any the audit report ($300,000.00) dollars or more from the County, whether must be in accordance with OMB under the Contract or other agreements with the County,and Uniform Grant Guidance—2 CFR Part shall submit a report to the County on the overall financial 200 ("Single Audit Report"). Single condition and operations of the Contractor, including a Audit Reports must also be uploaded to balance sheet and statement of income and expenses,attested the Federal Audit Clearinghouse,to the by the Auditor as fairly and accurately reflecting the extent required by the OMB Uniform accounting records of the Contractor in accordance with Grant Guidance referred to above. In generally accepted accounting principles. The audited addition, the Single Audit Report, financial statements including respective Management Letters respective financial statements and any must be emailed to the Executive Director of Auditing Management Letters must be submitted Services at Audits@suffolkeountvnv.gov within thirty(30) to the Department set forth on page one days after completion of the audit,but in no event later than of this Contract and emailed to the nine(9)months after the end of the Contractor's fiscal year, Executive Director of Auditing Services to which the audit relates. The Contractor may solicit at requests for proposals from a number of qualified accounting subreciaientmonitoring(a,suffolkeounty firms and review carefully the costs of,and qualifications for, y gov within thirty (30) days after this type of work before selecting the Auditor. completion of the audit,but in no event later than nine(9)months after the end of b. The Auditor should be required to meet the the Contractor's fiscal year,to which the following minimum requirements: audit relates. 34 of 39 pages ARTICLE V <Y P rt Rev, 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 ii.) In the event the Contractor is a Prior to placing any order to purchase, rent or lease any "Subrecipient"as that term is defined in furniture, fixtures, or equipment valued in excess of one 2 CFR § 200.93 and the Contractor thousand dollars ($1,000.00) per unit for which the expends less than seven hundred fifty Contractor will seek reimbursement from the County, the thousand ($750,000.00) dollars of Contractor shall submit to the County a written request for Federal moneys, whether as a recipient approval to make such a proposed purchase,rental or lease, expending awards received directly from with a list showing the quantity and description of each item, Federal awarding agencies or •as a its intended location and use,estimated unit price or cost,and Contractor expending Federal awards estimated total cost of the proposed order. Written approval received from a pass-through entity such of the County shall be required before the Contractor may as New York State and/or Suffolk proceed with such proposed purchase, rental or lease of County, during any fiscal year the furniture,fixtures or equipment. All items purchased must be Contractor must email a certified new or like new unless specifically described otherwise in the Exemption Letter, the form of which Budget. shall be provided by the Department,on the Contractor's Letterhead and a b. Purchase Practices/Proprietary Interest of Schedule of Federal Funds Expended to County the respective County Department and the Executive Director of Auditing i.) The Contractor shall follow the general Services at practices that are designed to obtain subrecipientmonitoringa_suffolkcountvny furniture,fixtures,equipment,materials, within thirty(30)days of the end of or supplies at the most reasonable price the Contractor's fiscal year. The or cost possible. Schedule of Federal Funds Expended must include all Federal funding received ii.) The County reserves the right to directly from the Federal government and purchase or obtain furniture, fixtures, all Federal funds passed through from the equipment,materials,or supplies for the County and other pass-through entities. Contractor in accordance with the programmatic needs of the Contract. If iii.) Subrecipients may include, but not the County exercises this right, the necessarily be limited to, not-for-profit amount budgeted for the items so organizations;units of state government purchased or obtained by the County for or a unit of local governments. the Contractor shall not be available to the Contractor for any purpose e. Copies of any other audit reports including whatsoever. Title to any such items oversight agency audits must be submitted to the Department purchased or otherwise obtained by the set forth on page one of this Contract and emailed to the County for the programs encompassed Executive Director of Auditing Services at by the Contract and'entrusted to the AuditsP_suffolkcountynv.gov within thirty (30) days after Contractor,shall remain in the County. completion of the audit(s). iii.) The County shall retain a proprietary f. The requirements set forth in this paragraph 6 shall interest in all furniture, removable not preclude the authorized representatives of the County,the fixtures, equipment, materials, and Comptroller,or Federal or State entities from conducting any supplies purchased or obtained the other duly authorized audit(s) of records and financial Contractor and paid for or reimbursed to statements of the Contractor. The Contractor shall make such the Contractor pursuant to the terms of records and financial statements available to authorized the Contract rt any prior agreement representatives of Federal,State and County government for between the parties. that purpose. iv.) The Contractor shall attach labels g. The provisions of this paragraph 6 shall survive the indicating the County's proprietary expiration or termination of the Contract. interest or title in all such property. 7. Furniture,Fixtures,Equipment,Materials,Supplies C. County's Right to Take Title and Possession a. Purchases, Rentals or Leases Requiring Prior Upon the termination or expiration of the Contract or any Approval renewal thereof, the discontinuance of the business of the Contractor,the failure of the Contractor to comply with the 35 of 39 pages ARTICLE V i ` o i Rev, 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation . 001-6806-4980-95294 terms of the Contract, the bankruptcy of the Contractor, an same condition as such property was received by the assignment for the benefit of its creditors,or the failure of the Contractor, reasonable wear and tear excepted. Any Contractor to satisfy any judgment against it within thirty(30) disposition,settlements or adjustments connected with such days of filing of the judgment,the County shall have the right property shall be in accordance with the rules and regulations to take title to and possession of all furniture, removable of the County and the State of New York. fixtures, equipment, materials, and supplies and the same shall thereupon become the property of the County without g. Lease or Rental Agreements any claim for reimbursement on the part of the Contractor. If lease payments or rental costs are included in the Budget as d. Inventory Records,Controls and Reports an item of expense reimbursable by the County, the Contractor shall promptly submit to the County, upon The Contractor shall maintain proper and accurate inventory request, any lease or rental agreement. If during the Term, records and controls for all such furniture,removable fixtures the Contractor shall enter into a lease or rental agreement,or and equipment acquired pursuant to the Contract and all prior shall renew a lease or rental agreement,the Contractor shall, agreements between the parties, if any. Three (3) months prior to the execution thereof, submit such lease or rental before the expiration date of the Contract,the Contractor shall agreement,to the County for approval. make a physical count of all items of furniture, removable fixtures and equipment in its custody, checking each item against the aforesaid inventory records. A report setting forth 9. Statement of Other Contracts the results of such physical count shall be prepared by the Prior to the execution of the Contract, the Contractor shall Contractor on a form or forms designated by the County, certified and signed by an authorized official of the submit a Statement of Other Contracts to the County. If the Contractor,and one(1)copy thereof shall be delivered to the Contract is amended during the Term, or if the County County within five(5)days after the date set for the aforesaid exercises its option right,the Contractor shall submit a then physical count. Within five(5)days after the termination or current Statement of Other Contracts. expiration date of the Contract,the Contractor shall submit to the County six(6)copies of the same report updated to such 10. Miscellaneous Fiscal Terms and Conditions date of the Contract, certified and signed by an authorized official of the Contractor, based on a physical count of all a. Limit of County's Obligations items of furniture,removable fixtures and equipment on the aforesaid expiration date,and revised,if necessary,to include The maximum amount to be paid by the County is set forth on any inventory changes during the last three(3)months of the the first page of the Contract. Term. b. Duplicate Payment from Other Sources e. Protection of Property in Contractor's Custody Payment by the County for the Services shall not duplicate The Contractor shall maintain vigilance and take all payment received by the Contractor from any other source. reasonable precautions to protect the furniture, fixtures, equipment,material or supplies in its custody against damage C. Funding Identification or loss by fire,burglary,theft,disappearance,vandalism,or misuse. In the event of burglary, theft, vandalism, or The Contractor shall promptly submit to the County upon disappearance of any item of furniture,fixtures,equipment, request, a schedule for all programs funded by the County, material or supplies,the Contractor shall immediately notify itemizing for each such program the sums received, their the police and make a record thereof,including arecord of the source and the total program budget. results of any investigation which may be made thereon. In the event of loss of or damage to any item of furniture, d. Outside Funding for Non-County Funded fixtures,equipment,materials,or supplies from any cause,the Activities Contractor shall immediately send the County a detailed written report thereon. Notwithstanding the foregoing provisions of the Contract,it is the intent of the County that the terms and conditions of the f. Disposition of Property in Contractor's Custody Contract shall not limit the Contractor from applying for and accepting outside grant awards or from providing additional Upon termination of the County's funding of any of the educational activities/services which may result in the Services covered by the Contract,or at any other time that the Contractor incurring additional costs,as long as the following County may direct,the Contractor shall make access available conditions are met: and render all necessary assistance for physical removal by the County or its designee of any or all furniture,removable i.) The County is not the Fund Source for fixtures,equipment,materials or supplies in the Contractor's the additional services; custody in which the County has a proprietary interest,in the 36 of 39 pages ARTICLE V r r, P 6 4 Rev, 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 ii.) Sufficient funding is available for or can then the County may deduct and withhold from any payment be generated by the Contractor to cover due to the Contractor an amount equal to the reimbursement the cost incurred by the Contractor to denied by the state or federal government agency, and the provide these additional services;and County's obligation to the Contractor shall be reduced by any such amounts. In such an event,if there should be a balance iii.) If sufficient funding is not available due to the County after it has made a final payment to the cannot be generated, the County shall1 Contractor under the Contract,on demand by the County,the not held liable for any of the Contractor shall reimburse the County for the amount of the additional costs incurred by the balance due the County, payable to the Suffolk County Contractor in furnishing such additional Comptroller. The provisions of this subparagraph shall services. survive the expiration or termination of the Contract. iv.) Prior to scheduling any such additional services on County-owned property,the h. Budget Contractor shall obtain written County approval. The Contractor shall,to the The Contractor expressly represents and agrees that the County's satisfaction, submit any Budget lists all revenue,expenditures,personnel,personnel documentation requested by the costs and/or all other relevant costs necessary to provide the Department refl6cting the change, and Services. identify the additional services to be provided and the source of funding that i. Payment of Claims shall be utilized to' cover the expenditures incurred by the Contractor Upon receipt of a Suffolk County Payment Voucher, the in undertaking the additional services. County,at its discretion,may pay the Contractor during the Term,in advance,an amount not to exceed one sixth(1/6)of e. Potential Revenue the maximum amount to be paid by the County set forth on the first page of the Contract. The Contractor shall actively seek and take reasonable steps to secure all potential funding from grants and contracts with j. Payments Limited to Actual Net Expenditures other agencies for programs funded by the County. The Contractor agrees that if,for any reason whatsoever,the f. Payments Contingent upon State/Federal Contractor shall spend during the Term for the purposes set Funding forth in the Contract an amount less than,or receive amounts more than, provided in the Budget, the total cost of the Payments under the Contract may be subject to and Contract shall be reduced to the net amount of actual contingent upon continued funding by State and/or Federal Contractor expenditures made for such purposes. The total agencies. In the event payments are subject to such funding amount to be paid by the County shall not exceed the lesser of no payment shall be made until the Contractor submits (i)actual net expenditures or(ii)the total cost of the Contract documentation in the manner and form as shall be required by on the cover page and in the Budget. Upon termination or State and/or Federal agency. If late submission of claims expiration of the Contract,if the Contractor's total amount of precludes the County from claiming State or Federal allowable expenses is less than the total amount of the reimbursement,such late claims by the Contractor shall not payments made during the Term,the Contractor shall prepare be paid by the County subject to subparagraph g.below,if, a check payable to the Suffolk County Comptroller for the for any reason,the full amount of such funding is not made difference between the two amounts and submit such payment available to the County,the Contract may be terminated in to the County,along with the final Suffolk County Payment whole or in part,or the amount payable to the Contractor may Voucher. be reduced at the discretion of the County,provided that any such termination or reduction shall not apply to allowable )t Travel, Conference, and Meeting Attendance: costs incurred by the Contractor prior to such termination or SOP A-07 Amendment 1 reduction,and provided that money has been appropriated for payment of such costs. Reimbursement to the Contractor for travel costs shall not exceed amounts allowed to County employees. All g. Denial of Aid conferences that are partially or fully funded by the County that the Contractor's staff wishes to attend must be pre- If a State or Federal government agency is funding the approved, in writing, by the County and must be in Contract and fails to approve aid in reimbursement to the compliance with Suffolk County Standard Operating County for payments made hereunder by the County to the Procedure A-07 which may be viewed online at the County's Contractor for expenditures made during the Term because of website, SuffolkCountyny.gov; go to "Government," then any act,omission or negligence on the part of the Contractor, "Comptroller,"then"Consultant's Agreements." 37 of 39 pages ARTICLE V -F Rev„ 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 1. Salaries o. No Limitation On Rights The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all Notwithstanding anything in this Article V to the contrary, withholding and payroll taxes to the Federal/State the County shall have available to it all rights and remedies governments has been provided to the County. under the Contract and at law and equity. M. Salary Increases P. Comptroller's Rules and Regulations No salary,wage,or other compensation for the Services shall The Contractor shall comply with the"Comptroller's Rules be increased over the amount stated in the Budget without the and Regulations for Consultant's Agreements" as prior written approval of the County. promulgated by the Department of Audit and Control of Suffolk County and any amendments thereto during the Term n. Contractor Vacancies of the Contract. The"Comptroller's Rules and Regulations for Consultant's Agreements"and"SOP A-07 Amendment 1" The County shall have the right of prior approval of the may be viewed online at the County's website, Contractor's filling of any vacant position as of the date of SuffolkCountyny.gov; go to "Government," then execution of the Contract or as may thereafter become vacant, "Comptroller,"then"Consultant's Agreements." and,in the exercise of that right.The County may promulgate reasonable regulations involving filling of vacancies which shall be deemed to be incorporated by reference in, and be End of Text for Article V made part of,the Contract,provided,however,that subject to the' availability of funding, approval for the hiring of replacement clerical shall be a Contractor determination. 38 of 39 pages ARTICLE V Red': 1/30/2024 Law No. IFMS No. 00000014509 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article VI Budget Town of Southold AAA Transportation Program January 1,2024—December 31,2024 PERSONNEL $9,308 Drivers 9,308 FRINGE $712 Fringe 712 NET REIMBURSEMENT �10.020 39 of 39 pages ARTICLE VI