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HomeMy WebLinkAboutSC Office for the Aging - Residential Repair Program RESOLUTION 2025-457 ADOPTED DOC ID: 21389 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-457 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 10, 2025: RESOLVED,that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski, Jr. to execute the Home Maintenance/Repair Program Agreement between the County of Suffolk Office for the Aging and the Town of Southold, for the period January 1, 2025 through December 31, 2025, with an option,to be exercised at the County's discretion, to June 30, 2026, on the same terms and conditions herein; to provide the elderly in need with the required labor for minor repairs and renovation assistance to remediate or upgrade substandard, unsuitable or unsafe housing, including, but not limited to handicapped accessible and crime prevention modifications, as identified in Contract IFMS No. 00000015541; 001- 6777/JKD1-4980-95285, with service levels as indicated, with a maximum reimbursement to the Contractor from the County not to exceed $29,135.00, at no cost to the Town, subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilperson SECONDER:Brian O. Mealy, Councilperson AYES: Mealy, Smith, Doherty, Evans, Doroski, Krupski Jr Rev. 1/10/2025;Law No.25-AG- Q-� IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Southold CSE Home Maintenance/Repair Program This Contract("the Contract")is between the County of Suffolk("the County"), a municipal corporation of the State of New York, acting through its duly constituted Office for the Aging("the Department"),located at the H.Lee Dennison Building, 100 Veterans Memorial Highway,P.O.Bog 6100,Hauppauge,New Fork 11788-0099;and Town of Southold("the Contractor"),a municipal corporation,having an address at 53095 Main Road,P.O.Box 1179,Southold,New`Fork 11971. Contractor and County are collectively referred to herein as"Parties"and each is individually a"Party". The Contractor has been designated to receive funds from the County to provide a Home Maintenance/Repair Program for the Elderly ("the Services")as set forth in Article I, entitled"Description of Services." Term of the Contract: January 1,2025 through December 31,2025;with an option,to be exercised at the County's discretion,to June 30,2026 on the same terms and conditions herein. Units of Service: 250 Units of Home Maintenance/Repair Service* 100 Unduplicated Served *One(1)unit of service is equal to one(1)Job of Home Maintenance/Repair/Renovation Service. Total Cost of the Contract: Shall not exceed$29,135,to be paid as set forth-in Articles V and VI as set forth herein, unless revised by a Suffolk County Resolution and in accordance with paragraph Le. of Article V of this Contract. Terms and Conditions: Shall be as set forth in Articles I through V1, 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 Albert J. K=upski, Jr. Kevin B. Molloy Supervisor Chief Deputy C un Exec ive Fed. Tax ID#: 11-6001939 Date �a /%o /2 r"- Date albu* �J, 4LnAst J'r, hereby Approved: cert�s under penalties of pe jury that I am an officer of Suffolk County Office for the Aging that I have By read and I am familiar with§A5-8 of Article V o the Suffolk tDirec y Rhodes-Teague or, Off e for the Agin County Code,and that eets Date � D all requirements to qualify for exemption thereunder. � �, Recommended: ,� 'L��- mate ��r Approved as to Form: Laura Racano Christopher J. Clayton Admmistr for I Suffolk County Ater Date �n�` CIE By: Jacqueline Capu Assistant County Attorney Date S 0087892 1 of 40 pages Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD14980-95285 Line Item/Omnibus Grant 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. Reporting of Key Performance Indicators Contractor's Narrative Article IA Grievance Procedures Article II Definitions 1. Meanings of Terms 2. Elements of Interpretation Article III General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations b. Qualifications, Licenses, and Professional Standards c. Notifications d. Documentation of Professional Standards e. Credentialing f. Engineering Certificate 2. Termination a. Thirty Days Termination b. Event of Default; Termination on Notice c. Termination Notice- 2 of 40 pages Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant 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 28. Data Security and Privacy 29. New York State Labor Law Article IV Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 9. *Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 12. Safeguarding Personal Information of Minors 3 of 40 pages Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant 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 I 1. Salaries m. Salary Increases n. Contractor Vacancies o. No Limitation On Rights p. Comptroller's Rules and Regulations 4 of 40 pages Rev. 1/10/2025; Law No.25-AG- ISMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Article VI Budget 5 of 40 pages Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Article I Description of Services Whereas,the Contractor has been identified in the 2025 Suffolk County Adopted Budget under the pseudo code as listed on page one of the Contract to perform the Services for the Department; and Whereas,the continuity of service delivery is considered to be in the best interest of the County and the elderly residents of Suffolk County for the best possible outcomes; Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Goals of the Program The Residential Repair Program ("the Program") is to provide persons aged sixty (60) and over,who are in need, with minor repair and renovation assistance to remediate or upgrade substandard,unsuitable or unsafe housing, including,but not limited to, handicapped accessible modifications or crime prevention modifications. The Program provides the required labor and recipients pay for necessary supplies and materials. Persons aged sixty (60) and over who are incapable of maintaining their homes because of illness, incapacity, or absence of a caretaker relative are eligible to receive services. 3. General Terms and Conditions In general, but without limitation, the Contractor shall be required to meet the criteria listed below: a. The Contractor may not impose a means test of eligibility. No income or asset information may be used to determine eligibility for service notwithstanding any other provisions of this Contract. b. The Contractor and all of their subcontractors shall adhere to the terms of the Department's New York State (NYS) Area Plan, to the extent that the program is a part thereof, and the Department agrees to make the NYS Area Plan available to the Contractor upon request. C. The Contractor is to afford priority to servicing those elderly persons whom New York State has identified as the target population (minority, low-income, frail, and vulnerable) in accordance with paragraph 7 below. d. Persons eligible for or receiving the same or a similar service under another government-funded program are not eligible for this service. However, determination of eligibility must be done on an individual basis recognizing specific circumstances as they pertain to the person's need. C. The Contractor may not charge eligible persons any fees for services. 6 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant 4. Administration Overall administration of this program will be the responsibility of the Contractor. The Contractor or its designee will ensure proper implementation and direction of the service, act as liaison between the Department and the actual recipients of service,and ensure accuracy and timeliness of submission of all reporting forms and expenditures. 5. Contractor's Staff a. The Contractor shall employ adequate numbers of qualified staff,which may include volunteers, and supervisory personnel to meet all the specifications and responsibilities of the program in an orderly, punctual and reliable manner. All meetings and trainings required by the County are to be attended by the appropriate staff. The Contractor will have on file with the Department the procedures to be followed by workers and other staff in case of emergency. b. The Department has the right to review and approve Contractor's staff applicable to the Program. C. The provisions of this paragraph are in addition to the provisions of Article V, paragraph 10, subparagraph n. 6. Coordination The Contractor shall coordinate the delivery of services with other providers and organizations to provide the most suitable outcomes and minimize duplication of effort. In order to accomplish this,the Contractor will undertake activities such as, but not limited to, participation in inter-agency meetings, coordination of referrals and follow-ups with other local service providers, entering into agreements with other organizations for joint efforts and/or funding, centralized assessment, and maintaining up-to- date resource materials both within and outside the Contractor's organization. 7. Targeting and Outreach a. The Contractor, to the extent it has discretion regarding to whom it will provide services, must give preference to providing services to those unserved and underserved older adults in greatest social or economic need particularly those older adults who are: low-income, low-income minorities, individuals with limited English proficiency, rural residents,Native Americans, institutionalized or those at risk for institutionalization, individuals with Alzheimer's and related disorders; individuals with disabilities, caregivers of individuals with Alzheimer's related disorders and individuals with disabilities,minorities, frail, vulnerable, LGBT and homebound, in accordance with their need for such services and to meet the specific objectives established by- the Department within the PSA (Older Americans Act ("OAA") §305 (a)(2)(E)). The term "greatest economic need"is defined as the need resulting from an income at or below the poverty levels as established annually by the U.S. Office of Management and Budget. The term "greatest social need" refers to the need caused by non-economic factors, which include physical and mental disabilities, language barriers and cultural, social or geographical isolation including isolation caused by racial or ethnic status that restricts an individual's ability to perform normal daily tasks or threatens the capacity of the individual to live independently (OAA §102 (23 and 24)). b. The Contractor agrees to concentrate the services on older adults in the targeted populations identified by the Department following the methods the Department has established for complying with the targeting requirements under the OAA and the Equal Access and Targeting Policy issued by the New York State ("NYS") Office for the Aging. Consistent with the OAA and NYS applicable regulations, including the following laws: the Older Americans Act (OAA), 7 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Title III of the Code of Federal Regulations, 45 CFR 1321; the NYS Elder Law and relevant NYS regulations (Title 9, Subtitle Y of the New York State Code of Rules and Regulations); the Contractor's targeting goal is to substantially increase the numbers of older adults from targeted population groups (minority, low-income, frail, vulnerable). C. The following target groups have been identified as having the greatest economic and social needs: minority, low-income, frail and vulnerable. i. Minority —persons of Black, Hispanic, Asian,Native American (American Indian), Alaska Native,Native Hawaiian or Other Pacific Islander origins. Persons whose origins are of Two (2) or More Races or who are identified as being in a racial category different from those above (other than white) may be included (see the Other Race or Two (2) or More Races categories, defined below). a) Black- refers to a person who has origins in any of the Black racial groups of Africa. This includes, for example, persons who self report as Black, African American, Kenyan,Nigerian, Haitian or other applicable identification. b) Hispanic (or Latino) - refers to a person of Cuban, Mexican,Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race. Hispanic origin can be viewed as the heritage, nationality group, lineage, or country of birth of the person or the person's parents or ancestors before their arrival in the United States. People who identify their origin as Hispanic, Latino, or Spanish may be any race. c) Asian- refers to a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia,Pakistan, the Philippine Islands, Thailand, and Vietnam. d) American Indian or Alaska Native -refers to a person having origins in any of the original peoples of North and South America(including Central America) and who maintains tribal affiliation or community attachment. This category includes people who indicated their race(s) as "American Indian or Alaska Native" or reported their enrolled or principal tribe, such as Navajo, Blackfeet, Inupiat, Yup'ik, and/or Central American or South American Indian groups. e) Native Hawaiian or Other Pacific Islander - refers to a person having. origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. f) Other Race or Two (2) or More Races - this category includes persons who self-identify as multiracial, mixed, interracial, or a racial category other than white, not included in the descriptions above. ii. ]Low — Income-Households with incomes at or below one-hundred-fifty percent (150%) of the poverty level. iii. Frail —Persons with one (1) or more functional deficits in the following areas: a) - Physical functions; 8 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-077/JKD1-4980-95285 Line Item/Omnibus Grant b) Mental functions; c) Activities of daily living (eating,bed/chair transfer, dressing, bathing,toiletry and continence); and/or, d) Instrumental activities of daily living (meal preparation,housekeeping, shopping, medications,telephone, travel, and money management). iv. Disabled —Any person who has a physical or mental impairment which substantially limits one (1) or more major life activities, has a record of such impairment, or is regarded as having such impairment. This includes alcoholism and drug addiction. V. Vulnerable— Persons with a deficit of social resources,those who are isolated socially, linguistically or geographically, and/or those affected by other environmental conditions including the following: a) Language barriers; limited English proficiency - Individuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English may be limited English proficient, and may be eligible to receive language assistance with respect to a particular type of service, benefit, or encounter. b) Rural residence; c) Persons with disabilities; d) Institutionalized or at risk of institutionalization; e) Lesbian, gay, bisexual,transgender (LGBT) older adults; f) Low literacy; g) Older adult caregivers of children with developmental disabilities, mental illness, or other disabilities requiring a caretaker (e.g.,traumatic brain injury); h) Homebound; and, i) Alzheimer's or other Dementia. d. In order to comply with Targeting requirements,the Contractor must employ Outreach Strategies which may include,but are not limited to, locating target populations using Census or other resource data,translated printed materials, location of services in catchment areas for targeted populations, publicity to community-based groups, and minority staff/volunteers. S. Equal Access a. The Contractor shall comply with requirements for equal access including language accessibility, nondiscrimination and concentration of services on target populations. b. The Contractor shall adopt staffing procedures which provide for services to be delivered in a language other than English in areas where a significant number of clients do not speak English as their principal language. C. The Contractor shall provide maximum accessibility to those older adults in greatest economic or social need, and ensure that new sites be free from architectural barriers that limit participation of disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1) and Section 504 of the Rehabilitation Act Of 1973). Accessibility requirements include provision of services and assistive devices (including assistive technology services and devices) designed to meet the unique needs of older individuals who are disabled, and of older individuals who provide uncompensated care to their adult children with disabilities. Providers must ensure that 9 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant communications with individuals with disabilities are as effective as communications with others (ADA, 28 CFR 35.160-35.164). For example, auxiliary aids and services may include: • For individuals who are deaf or hard of hearing: qualified interpreters, note takers, computer-aided transcription services,written materials,telephone handset amplifiers, assistive listening systems,telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDDs), videotext displays, and exchange of written notes. • For individuals with vision impairments: qualified readers,taped texts, audio. recordings, Brailed materials, large print materials, and assistance in locating items. • For individuals with speech impairments: TDDs, computer terminals, speech synthesizers, and communication boards. d. Additionally, consistent with the Civil Rights Act of 1964, Title VI, the Title VI regulations, federal Executive Order 13166, and the NYS Human Rights Law. All AAAs and subcontractors are required by law to take reasonable steps to provide meaningful access to limited English proficient persons. All aging services providers are obligated to provide reasonable, timely, and appropriate language assistance to the limited English proficiency (LEP) populations each serves. Mandated Action: The Contractor shall, at a minimum, maintain a_telephonic interpretation service contract or similar community arrangement with a language interpretation services provider of their choice. The Contractor's staff for this Program with public contact must be aware of, and trained in the timely and appropriate use of, these language services. The Contractor shall also ensure that LEP persons are informed of the availability of language assistance, free of charge, by providing written notice in languages LEP persons will understand at service locations. 9. Reporting Requirements One (1) unit of service is equal to one (1) hour of Home Maintenance/Repair Service. a. The Contractor shall submit to the Department monthly reports covering program activity and expenses incurred during the reporting period. Such reports must be submitted to the Department by the eighth(P) day of the month following the period being reported, and be on a form specified by the Department and shall comply with all procedures required by the Department for the proper payment of vouchers and audits. b. Financial reports, or vouchers, must never contain the names of the clients served, but may be coded to indicate the particular client served. C. The Contractor must maintain the demographic information for each individual receiving services. Demographics The Contractor must at a minimum determine and maintain the following specific type of demographic information for each individual receiving services: • Name. • Sex. • Age. 10 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Disabled/Frail. Vulnerable. Live Alone. • Low-Income - The need resulting from an income level at or below the poverty threshold, as established by the Bureau of the Census and updated annually as follows: Size of Family 150 % of Poverty Threshold 185 % of Poverty Threshold 1 $23,475/year $28,953/year 2 $31,725/year $39,128/year • Minority. • Low-Income Minority -those minority persons whose income is at or below the poverty threshold. 10. Incident Reporting a. The Contractor agrees to provide the Department with reports of all instances of claims, costs, damages, and injuries to persons or property of whatsoever kind arising out of services provided under this Agreement. All such notifications should be given to the Department immediately after the incident, if possible, but in no case longer than five (5) days after the incident. The Contractor further agrees to send the Department copies of all "notices of claim" or any other papers relating to litigation it receives relating to the program covered under this Contract. b. The Contractor will report, at least verbally to the Department,within twenty-four (24) hours any incidents involving the client, whether the incident requires medical attention or not. A written follow up of such incident shall be sent to the Department within five (5) days of occurrence. The Contractor will report any circumstances outside normal events that affect the well-being of the client, including deteriorating conditions and significant changes that might lead to unsafe conditions for the client. 11. Confidentiality Confidential records shall be maintained on each recipient. Reports, as required by the Department, should not contain the names of any clients, and identifying codes should be used to indicate particular clients served, if necessary. a. The Contractor agrees that no personal information obtained from an individual in conjunction with this program shall be disclosed in a form in which it is identified with the individual without such individual's written consent to such disclosure, except to the Department. b. In the case of a request by the Department for names and addresses of individuals participating in the program,the Contractor shall furnish such information as requested. Failure to comply with a request by the Department for such information shall be deemed a material breach of this Contract and shall result in a freeze on all monies due and owing to the Contractor until compliance by the Contractor. 11 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- 1FMS No. 00000015541 Southold CSE home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant 12. Promotions and Advertisements a. It is the responsibility of the Contractor to provide publicity for the program and to have an identifying logo in equal sized lettering on any printed materials and on all brochures, flyers, and advertisements (including without limitation television graphics), and on Program vehicles, as follows: Funded by the New York State Office for the Aging and the Suffolk County Office for the Aging b. Any announcements of the Program on radio or television must identify funding in the same manner. C. The provisions of this paragraph supersede the provisions of paragraph 20 of Article III. 13. Contributions a. The Contractor may not impose a means test of eligibility. No income or asset information may be used to determine eligibility for service notwithstanding any other provisions of this Contract. Any Suffolk resident sixty (60) years of age or older is eligible to receive this service. b. The Contractor has the obligation to inform each recipient of the service, of the opportunity to make a completely voluntary and anonymous contribution toward the cost of the service. Service may not be denied, however, if a person is unable or unwilling to make a contribution. An audit trail of all.incoming contributions received must be reported monthly. All contributions are used to expand the service. The letter sent to each recipient annually informing him/her of these facts must include the sources of funding for the program and must include the following information: Contributions to this (these) service(s) are completely voluntary and anonymous. Service will not be denied if you are unable or unwilling to contribute. Any contribution you wish to make will be used to expand the program and will be greatly appreciated. C. Individuals with self-declared incomes at or above one-hundred eighty-five percent (185%) of the federal poverty line will be encouraged to contribute at levels based on the actual cost of services. 14. Participant Comments & Satisfaction Surveys Pursuant to the NYS Office for the Aging Regulations Section 6654.8, the Contractor shall develop and implement procedures to obtain the views of program participants about the services they receive. Copies of records of such views shall be maintained for at least seven (7) program years and shall be available to the Department for inspection upon request. Such method shall respect the client's right to confidentiality. In any event, at the conclusion of the service, but not less often than annually,the Contractor shall send each recipient an evaluation letter and survey in the form approved by the Department, informing him/her of the sources of funding for the program and including the following information: Contributions are welcomed and are used to expand this service. 12 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant 15. Monitoring a. Financial Transactions The Department's staff and staff of the New York State Office for the Aging may examine or review evidence regarding the existence,timing and classification of financial transactions that are charged to the program for reimbursement. To obtain this evidence, such staff may examine documentary evidence, including financial statements, financial reports, etc., and original records. Such staff may make physical verification by actually observing or counting certain assets (e.g., cash, equipment and supplies) to establish their physical existence. , b. Program Subject to the limitations of client confidentiality, the contractor agrees to permit the Department's staff and staff of the New York Office for the Aging to review program records and to monitor training, supervision and services at any time. 16. Grievance Procedures In accordance with §306 (a) (10) of the Older Americans Act, as amended(OAA),the Department has established a process for resolving complaints from older persons who are dissatisfied with or denied services funded. The Contractor shall comply with the requirements of the Grievance Procedures as set forth in Article IA- Grievance Procedures. 17. 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. Reporting of Key Performance Indicators 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 ("APIs") for the prior month's data, and analysis of the Contract performance measures to the Department in accordance with the submission procedures specified by the Department. KPIs shall be submitted no later than the 15th of each month of the Contract Term,as more specifically set forth in Article I/Section 9 to this Contract. There are no KPI's required under this contract. 13 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Contractor's Proposal and Response for Targeting and Equal Access 14 of 40 pages ARTICLE I JACQUELINE MARTINEZ Nutrition Program Home Delivered Meals Senior Citizens Program Director ®�������� Case Management Town of Southold P.O.Box 85 ��® ��� Essential Transportation 750 Pacific Street Shopping Assistance Program ® Senior Adult Day Care Mattituck, NY 11952 � R Tel. (631)298-4460 Alzheimer's Day Care Fax(631)298-446 Telephone Reassurance ®� Residential Repair TOWN OF SOUTHOLD HOME MAINTENANCE/REPAIR PROGRAM Program Narrative 1/1/25 —12/31/25 The Nome Maintenance/Repair program is a service designed to help keep elderly residents safely in their homes by assisting with minor repairs or chores that don't require the skills of a licensed craftsman. Our Maintenance Mechanics are assigned.tasks such as installing temporary portable ramps, installing grab bars in bathrooms, changing light bulbs, installing CO/smoke detectors and eliminating any existing safety hazards in and around the home. The population of aged 60+ residents in Southold Town is approximately 32.23% according to 2010 census data, so the Home Maintenance/Repair program is a much-needed service. For the 2024 program year, Southold Town provided 551.5 hours of service totaling 177 units/jobs for 87 seniors. In addition, $1,695.77 in voluntary and anonymous contributions was collected. The number of clients, units of service and contributions for the 2024 program year fell below our projections due to the vacancy of the Maintenance Mechanic I position. This position was vacant for 3 months and services resumed in August 2024. Targeting and expanded minority outreach efforts continue to be a major priority for the upcoming program year. According to the 2010 U.S. Census, 3.47%of the elderly residents in Southold Town are minority. Southold Town Senior Services will ensure access for services to the four target groups which have the greatest economic and social needs. These groups include minorities, low income, frail and vulnerable persons aged 60 and older. Targeting groups for improved service will also include those with Limited English Proficiency (LEP), lesbian, gay, bisexual, and transgender(LGBTQ) older adults. For the 2024 program year we served 7.2% minorities which exceeded our targeted goal of 3.47%. Partnering with Family Service League's NNORC Program(Neighborhood Naturally Occurring Retirement Community) Long Island Sound Senior Care provides us the opportunity to work collaboratively with other agencies and increase our visibility with underserved minorities in the Greenport catchment area. Ensuring equal access to languages services for all is a high priority and is achieved through a contract with Geneva Worldwide Language Services. Staff is aware of and trained in the timely and appropriate use of these language services. As a contractor with SCOFA, we will fully comply with requirements of both the Equal Access to Services and Targeting Policy (12-PI 08) and the Telephonic Interpretation Policy(12-IM-03) to meet our goal of increasing access to the most vulnerable elderly, particularly those with limited English proficiency. Access is also provided by other Town offices as Southold entered into a supplemental contract for language interpretation services called Language Line Solutions in May 2022. Staff will ensure that those with limited English proficiency (LEP) are informed of the availability of FREE language interpretation assistance by providing written notice in languages the LEP person will understand at service locations In addition, signs are posted at the entrance of our senior center that highlight this free service available to all seniors. Information is also posted on the Town's website informing Southold residents, community service organizations and local churches that free language assistance is available. In addition to our existing print outreach activities of brochures, newspapers, senior center menus and activity calendars, we are featured in Eastern Long Island Hospital's Seniors Options and Solutions Program newsletter that enjoys Town wide distribution. The website for the Town of Southold www.southoldtownny.gov is a great resource and all activities,program announcements and updates are posted weekly. Our newly redesign webpage provides important links for programs, services and related easily accessed forms. We have renewed our annual contract with WLNG Radio to provide multiple daily announcements about the Home Maintenance/Repair Program and the other important services we offer. We have increased visibility and expanded access to our services by working closely with other Town Departments and service providers. Through a community development block grant,we purchased 150 CO/smoke detectors and have installed 148 to date. Our Home Maintenance/Repair Coordinator and Maintenance Mechanic I, continue to work collaboratively with the Senior Citizens Center Manager and Peer Place Assessors to address unmet needs for home delivered and congregate dining participants. We regularly install smoke/CO detectors, grab bars and other equipment to ensure the health and safety of our seniors. Our ongoing partnership with Long Island Sound Senior Care's NORC Program, located in Greenport, continues to enhance our ability to identify and serve minority and low-income minority seniors in Greenport. The Nassau Suffolk Hospital Council Aged, Blind and Disabled Health Insurance/Benefits Assistance Program provides a monthly rotation in our community services office and their advocates provide information on our services to program participants age 65 and older. Local pharmacies have also been providing information on our service to seniors and have been referring customers to Home Maintenance/Repair program for installation of grab bars and other home safety equipment. The Town also assists income eligible seniors with necessary modifications through the Home Maintenance/Repair program funded through the community development block grant program. The Town launched the portable ramp loan program in April 2016 which provides portable suitcase ramps to assist seniors and their caregivers and/or families in accessing their homes after temporary illness or injury. The purpose of the ramp program is to assist caregivers of seniors for short term use only and are not intended for independent use or long-term disability. The 17 ramps and storage shed were purchased through Community Development Block Grant funding. Hospital discharge planners and local home health providers have been notified about this important program. Our Home Maintenance/Repair Workers are responsible for installation of portable ramps. To date we have installed and removed 59 ramps. Southold Town Senior Services previously partnered with the SAGE organization in providing on site services and activities to the LGBTQ community on the North Fork. While they no longer provide direct services on site,we do provide SAGE's print information to seniors and post all announcements regarding events and programs on our community bulletin board. We also make direct referrals to anyone needing their services. Additional outreach efforts include: • Program highlighted in the Town wide newsletter. • Home Maintenance/Repair program information is featured in the Town's Recreation brochure which is mailed to all residents on a quarterly basis. • Brochures placed around Town, in pharmacies, medical offices, &libraries. • Featured in the Suffolk Times Newspaper in articles, columns and editorials. • Referrals from HDM assessors for the homebound meals-on-wheels participants. Home safety is reviewed with each client on our home visits and incorporated into all care plans. • Informational presentations to monthly on-site caregivers' group/Alzheimer's Support Group by our Adult Day Care Supervisor who provides updated information on all senior service programs. • Featured regularly on our monthly menu. • Word of mouth from satisfied seniors. • Church Bulletins. • Regular informational presentations provided to community organizations and Churches by Director and/or Senior Citizens Center Manager. • Featured on Southold Town Government Cablevision Channel 22. • Announcements at the local senior meetings and monthly VIP (Visually Impaired Persons) group. • Multiple daily (paid) announcements provided on WLNG Radio.highlighting regular programs and services and special events. • Partnering with other agencies that serve seniors i.e., Long Island Sound Senior Care (NORC) and Family Service League; Eastern Long Island Hospital Senior Options and Solutions, and agencies participating in our Health Care Issues and Senior Services. • Partnering with Stony Brook Eastern Long Island Hospital on various initiatives for seniors including wellness education and community clinics for COVID-19 vaccine registration and distribution. • Partnering with Southold Town's Bilingual Community Service Worker Sonia Spar in outreach and activities for the Hispanic community. (i.e., language interpretation support). • Work with North Fork Parish Outreach and Food Pantry and Long Island Cares as a community food distribution site. • Collaborate with Rebuilding Together Long Island (RTLI)in outreach and education efforts for the senior community needing critical repairs to their homes to improve safety. Now that the Home Maintenance/Repair is fully staffed, our projected unduplicated count of clients for the 1/1/25 — 12/31/25 program year is 100 with 250 proposed units of service and $2,500.00 in projected contributions. Implementation of the Home Maintenance/Repair Program will be coordinated through Senior Services with all referrals being directed to Diane DiSalvo, Account Clerk/Home Maintenance/Repair Coordinator. Referrals are received from HDM assessors, adult day care staff, seniors, family members, caregivers, physicians, other outside agencies and individuals in the community. Referrals are taken at the Senior Center where a a appointments are scheduled for the Maintenance Mechanic I to inspect potential jobs and prepare a task list including materials needed with cost estimates. The client is responsible for the cost of materials needed for the job. If they are unable to pay for materials, other options are considered for needed supplies. If approved by the client, an appointment will be made by Ms. DiSalvo for the Maintenance Mechanic to complete the work. A materials purchase record will be provided to the client and signed by both the client and worker. The Maintenance Mechanic I is then instructed to complete the approved job assignment. Upon completion, a letter will be sent along with a client comment form. The letter will give the client the opportunity to make a voluntary and anonymous contribution to the program. No one will be denied service because of inability or unwillingness to pay and all contributions are used to enhance the program. Ms. DiSalvo will prepare schedules and material/supply records and be responsible for submitting monthly reports as required by the Suffolk County Office for the Aging. The Senior Citizens Program Director will oversee implementation and direction of the program including program performance, quality of service, accuracy and timeliness of reporting. Program expenditures and voluntary and anonymous contributions will also be closely monitored with direct oversight by the Senior Citizens Center Manager, Shatina Jayne. The vouchering process takes place in the Accounting Department by the Deputy Town Comptroller. Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Article IA. Grievance Procedures I. Purpose A. In accordance with § 306(a)(10) of the Older Americans Act, as amended (OAA), Suffolk County Office for the Aging has established the following process for resolving the complaints from older persons who are dissatisfied with or denied services. II. Notifying Participants of Right to File Grievance A. The Contractor shall notify participants and applicants of their right to file a grievance, as follows: 1) A summary of the procedures, including a statement that assistance to file shall be provided to older persons, must be prominently posted at service delivery sites or offices at which participants and service applicants apply for services. Summaries shall also be written.in languages other than English where needed to serve the client/applicant population. 2) In-home services participants shall be informed of the grievance procedures through written and verbal statements provided to them upon assessment and/or reassessment for services. B. Denial of Service. Any participant or applicant who is denied services must be given the reasons for the denial. For housekeeping, homemaker,home delivered meals, case management, and other services for which written applications are made, the denial shall be confirmed in writing and the applicant informed of the right to file a grievance and of the individual to whom the grievance shall be addressed. For congregate meals,transportation, recreation, and other services which are applied for by telephone or verbally in person, the client may be told of the right to file a grievance verbally. III. Grievance Process A. Filing of Grievance 1) Participants must submit their grievances in writing to the person(s) that has been designated by a service provider to conduct the initial review. The reviewer may be the director of the service provider agency, or any other person designated by such director who is not familiar with or otherwise involved in the particular grievance. 2) The grievance should be filed within thirty (30) days of denial, reduction, or termination of services, or of the event or circumstance with which the participant is dissatisfied. The service provider may grant an extension for good cause shown. 15 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- 1FMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant 3) The grievance should be filed on the enclosed form, which shall include a written statement setting forth in detail the date, time, and circumstances that are the basis of the complaint. B. Investigation and Response to Grievance 1) The designated reviewer who performs the initial review shall investigate the grievance. If appropriate,this may include meeting with the grievant and/or other persons involved in the action(s) complained of or in the denial of services. The reviewer shall review all pertinent facts and/or documents, and shall determine whether the complained-of agency action or determination was consistent with applicable federal and State laws,regulations, and policies. 2) The designated reviewer shall prepare and send a written response to the grievant within fifteen (15) days after the grievance is filed. The response shall set forth the circumstances relating to the grievance, the action requested by the grievant, the findings of the reviewer, a proposed remedial action, if any, and an explanation of the determination, including the facts relied upon. A copy of its decision must be forwarded to the Director of the Suffolk County Office for the Aging. 3) The designated reviewer shall create and maintain a Complaint File consisting of the grievance form, all documents and/or information relied upon in making a determination, and the written response described above. C. Appeal of Initial Response/Decision. If the complaint has been handled by a service provider agency under subcontract to the Suffolk County Office for the Aging and the grievant is not satisfied with the determination reached by such service provider, the grievant has the right to further review as follows: 1) The grievant may initiate a request for subsequent review by the Suffolk County Office for the Aging Director, P.O. Box 6100, Hauppauge, New York 11788-0099 within twenty'(20) calendar days following receipt of notification by the service provider agency of its decision. 2) The Suffolk County Office for the Aging Director shall request, and the subcontractor agency shall provide, copies of the Complaint File. The Suffolk County Office for the Aging Director will review the materials to ensure that pertinent policies and procedures have been applied and followed. If appropriate, the Suffolk County Office for the Aging Director or his/her designee will meet with the grievant to allow for an opportunity to present information about the grievance. 16 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant 3) If policies and procedures have been adhered to,the Suffolk County Office for the Aging Director will not overturn the decision of its subcontractor agency. If proper policies and procedures have not been applied, the Suffolk County Office for the Aging reserves the right to overturn the decision. The subsequent review shall be completed within forty-five (45) days of receipt of the request by the grievant and the grievant will be promptly notified in writing of the result of the subsequent review. IV. Recordkeepin The service provider agency which is handling the grievance shall keep a file, for seven (7)years, of all relevant documents and records. This shall include at a minimum: the initial grievance; any investigative reports; any written response submitted by the Suffolk County Office for the Aging or service provider agency; any documents or other records submitted by any party; the written Initial Response of the agency; and, if applicable,the notice to the grievant of the right to appeal. V. Confidentiality No information, documents, or records relating to a grievance shall be disclosed by program staff or volunteers in a form capable of identifying the grievant without the written informed consent of the grievant unless the disclosure is required by court order or program monitoring by authorized agencies. 17 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant 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): 18 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKDi-4980-95285 Line Item/Omnibus Grant Please state, if you know, what relief you are seeking: Signed: Name (print): Date: Address: Phone Number: End of Text for Article I 19 of 40 pages ARTICLE I Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Article II Federal,State or local law,rule,or regulation,and Definitions County policies or directives;or 1. Meanings of Terms e. the Contractor's bankruptcy or insolvency;or f. the Contractor's failure to cooperate in an Audit of As used herein: Financial Statements;or "Audit of Financial Statements"means the examination by the Contractor's falsification of records or reports, the Comptroller and any Federal or State auditing authority of g' misuse of funds,or malfeasance or nonfeasance in the financial statements of the Contractor resulting in the financial record keeping arising out of, or in publication of an independent opinion on whether or not those connection with,any contract with the County;or financial statements are relevant. complete,and fairly presented. h. the Contractor's failure to submit, or failure to timely submit,documentation to obtain Federal or "Budget"means the Contractor's summary or plan of all State funds;or intended revenue,whether received in the form of fees,grants,County funding, or any other source,and expenditures necessary to render the i, the inability of the County or the Contractor to Services. obtain Federal or State funds due to any act or "Budget Deficiency Plan" means an analysis of the cost of the omission of the Contractor;or Services,changes in fiscal conditions,and required modifications to the any condition that the County determines, in its Contract to continue to render the Services. sole discretion,is dangerous. "Comptroller"means the Comptroller of the County of Suffolk. k the failure to comply with Local Law 41-2013 and "Contract"means all terms and conditions of this Contract forming all related contractual requirements. rights and obligations of the Contractor and the County. "Federal"means the United States government, its departments, and "Contractor" means the signatory corporation, its officers, officials, agencies. employees, agents, servants, sub-contractors, volunteers, and any "Fringe Benefits"means non-wage benefits which accompany,or are successor or assign of any one or more of the foregoing performing the in addition to, a person's salary, such as paid insurance, sick leave, Services. profit-sharing plans,paid holidays,and vacations. "County"means the County of Suffolk,its departments,and agencies. "Fund Source" means any direct or indirect sum payable to the "County Attorney" means the County Attorney of the County of Contractor by the County pursuant to any lawful obligation. Suffolk. "Legislature"means the Legislature of the County of Suffolk. "Department"means the signatory department approving the Contract. "Management Letter" means a letter certified as true by the Contractor's certified public accountant or chief financial officer of "Engineering Services" means the definition of the practice of findings and recommendations for improvements in internal fiscal engineering and the definition of practice of land surveying,as the case control that were identified during an Audit of Financial Statements,but may b under Section 7201 and Section 7203 of the State Education which were not required to be included in an audit report. Law,respectively. spectively. "Municipal Corporation"means a town,village,or school district. "Event of Default"means a. the Contractor's failure to perform any duty "Services"means all that which the Contractor must do,and any part required of it under paragraphs 1(b)-(e)of Article thereof arising out of,or in connection with,the Contract as described in III of the Contract;or Article I"Description of Services." b. the Contractor's failure to maintain the amount and "State"means the State of New York. types of insurance with an authorized insurer as required by the Contract;or "Statement of Other Contracts" means a complete list of all other contracts under which money has been or will be paid to the Contractor c. the Contractor's failure to maintain insurance from the County, Federal, or State governments, or a Municipal required by the Contract with an insurer that has Corporation, and (i) which are currently in effect or (ii) which have designated the New York Superintendent of expired within the past twelve(12)months and have not been renewed. Insurance as its lawful agent for service of process; or "Suffolk County Payment Voucher"means the document authorized d. the Contractor's failure to comply with any and required by the Comptroller for release of payment. 20 of 40 pages ARTICLE II Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant "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 21 of 40 pages ARTICLE 11 Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Article III termination of the license does not affect the General Terms and Conditions Contractor's ability to render the Services, every other term and provision of the Contract shall be I. Contractor Responsibilities valid and enforceable to the fullest extent permitted by law. a. Duties and Obligations d. Documentation of Professional'Standards i.) I It shall be the duty of the Contractor to discharge, or cause to be discharged, all of its The Contractor shall maintain on file, in one location in responsibilities,and to administer funds received in Suffolk County, all records that demonstrate that it has the interest of the County in accordance with the complied with sub-paragraphs(b)and(c)above. The address provisions of the Contract. of the location of the aforesaid records and documents shall be provided to the County no later than the date of execution ii.) The Contractor shall promptly take all of the Contract. Such documentation shall be kept, action as may be necessary to render the Services. maintained,and available for inspection by the County upon twenty-four(24)hours notice. iii.) The Contractor shall not take any action that is inconsistent with the provisions of the e. Credentialing Contract. i.) In the event that the Department,or any iv.) Services provided under this Contract division thereof,maintains a credentialing process shall be open to all residents of the County. to qualify the Contractor to render the Services,the Contractor shall . complete the required b. Qualifications, Licenses, and Professional credentialing process. In the event that any State Standards credential, registration, certification or license, Drug Enforcement Agency registration, or The Contractor represents and warrants that it has,and shall Medicare or Medicaid certification is restricted, continuously possess,during the Term,the required licensing, suspended,or temporarily or permanently revoked, education,knowledge,experience,and character necessary to it is the duty of the Contractor to contact the qualify it to render the Services. Department, or division thereof, as the case may be,in writing,no later than three(3)days after such The Contractor shall continuously have during the Term all restriction,suspension,or revocation. required authorizations, certificates, certifications, ii. The Contractor shall forward to the registrations,licenses,permits,and other approvals required ) by Federal, State, County, or local authorities necessary to Department, or division thereof, as the case may qualify it to render the Services. be, on or before July 1 of each year during the Term,a complete list of the names and addresses of C. Notifications 0 persons providing the Services,as well as their respective areas of certification, credentialing, i.) The Contractor shall immediately notify registration,and licensing. the County, in writing, of any disciplinary proceedings, commenced or pending, with any £ Engineering Certificate authority relating to a license held by any person necessary to qualify him,her,or the Contractor to In the event that the Contract requires any Engineering perform the Services. Services,the Contractor shall submit to the County,no later than the due date for submission for approval of any In the event that a person is no longer engineering work product, the Certificate of Authorization licensed to perform the Services, the Contractor ("Certificate"), issued pursuant to § 7210 of the New York must immediately notify the County, but in no Education Law,of every person performing any Engineering event shall such notification be later than five(5) Services. The failure to file, submit, or maintain the days after a license holder has lost the license Certificate shall be grounds for rejection of any engineering required to qualify the license holder or the work product submitted for approval. Contractor to perform the Services. 2. Termination iii.) In the event that the Contractor is not able to perform the Services due to a loss of a. Thirty Days Termination license,the Contractor shall not be reimbursed for the Services rendered after the effective date of The County shall have the right to terminate the Contract termination of such license. Without limiting the without cause,for any reason, at any time,upon such terms generality of the foregoing, if any part of the and conditions it deems appropriate,provided,however,that Contract remains to be performed, and the no such termination shall be effective unless the Contractor is 22 of 40 pages ARTICLE III Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant given at least thirty(30)days'notice. Services. The Contractor agrees that it shall protect, indemnify,and hold harmless the County,its agents,servants, b. Event of Default; Termination on Notice officials,and employees from and against all liabilities,fines, penalties, actions, damages, claims, demands, judgments, i.) The County may immediately terminate losses,suits or actions,costs,and expenses arising out of any the Contract, for cause, upon such terms and claim asserted for infringement of copyright, including conditions it deems appropriate, in the Event of reimbursement of the cost of reasonable attorneys' fees Default as defined in Article II. incurred by the County, its agents, servants, officials, and employees in any action or proceeding arising out of or in ii.) If the Contractor defaults under any other connection with any claim asserted for infringement of provision of the Contract, the County may copyright. terminate the Contract, on not less than five (5) days' notice, upon such terms and conditions it C. The Contractor shall defend the County,its agents, deems appropriate. servants, officials, and employees in any proceeding or action, including appeals, arising out of, or in connection C. Termination Notice with, the Contract, and any copyright• infringement proceeding or action. Alternatively, at the County's option, Any notice providing for termination shall be delivered as the County may defend any such proceeding or action and provided for in paragraph 27 of this Article III. require the Contractor to pay reasonable attorneys' fees or salary costs of County employees of the Department of Law d. Duties upon Termination for the defense of any such suit. i.) The Contractor shall discontinue the 4. Insurance Services as directed in the termination notice. a. The Contractor shall continuously maintain,during ii.) Subject to any defenses available to it, the Term of the Contract,insurance in amounts and types as the County shall pay the Contractor for the Services follows: rendered through the date of termination. iii.) The County is released from any and all i.) Commercial General Liability insurance, liability under the Contract,effective as of the date including contractual liability coverage, in an of the termination notice. amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury iv.) Upon termination, the Contractor shall and Two Million Dollars ($2,000,000.00) per reimburse the County the balance of any funds occurrence for property damage. The County shall advanced to the Contractor by the County no later be named an additional insured. than thirty (30) days after termination of the Contract. The provisions of this subparagraph shall ii.) Automobile Liability insurance (if any survive the expiration or termination of the non-owned or owned vehicles are used by the Contract. Contractor in the performance of the Contract) in an amount not less than Five Hundred Thousand V.) Nothing contained in this paragraph shall Dollars($500,000.00)per person,per accident,for be construed as a limitation on the County's rights bodily injury and not less than One Hundred set forth in paragraphs l(c) (iii) and 8 of this Thousand Dollars ($100,000.00) for property Article III. damage per occurrence.The County shall be named an additional insured. 3. Indemnification and Defense iii.) Workers'Compensation and Employer's a. The Contractor shall protect,indemnify,and hold Liability insurance,Disability Benefits insurance, harmless the County, its agents, servants, officials, and including coverage for Paid Family Leave Benefits, employees from and against all liabilities, fines, penalties, in compliance with all applicable New York State actions,damages, claims,demands,judgments,losses,suits laws and regulations and Disability Benefits or actions, costs, and expenses caused by the negligence or insurance,if required by law. The Contractor shall any acts or omissions of the Contractor, including furnish to the County,prior to its execution of the reimbursement of the cost of reasonable attorneys' fees Contract,the documentation required by the State incurred by the County, its agents, servants, officials, and of New York.Workers' Compensation Board of employees in any action or proceeding arising out of, or in coverage or exemption from coverage pursuant to connection with,the Contract. §§57 and 220 of the Workers'Compensation Law. In accordance with General Municipal Law§108, b. The Contractor hereby represents and warrants that the Contract shall be void and of no effect unless it will not infringe upon any copyright in performing the the Contractor shall provide and maintain coverage 23 of 40 pages ARTICLE III Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant during the Term for the benefit of such employees 6. Severability as are required to be covered by the provisions of the Workers' Compensation Law. It is expressly agreed that if any term or provision of this Contract, or the application thereof to any person or iv.) Professional Liability insurance in an circumstance,shall be held invalid or unenforceable to any amount not less than Two Million Dollars extent,the remainder of the Contract, or the application of ($2,000,000.00) on either a per-occurrence or such term or provision to persons or circumstances other than claims-made coverage basis. those as to which it is held invalid or unenforceable,shall not be affected thereby,and every other term and provision of the C. The County may mandate an increase in the Contract shall be valid and shall be enforced to the fullest liability limits set forth in the immediately preceding extent permitted by law. paragraphs(4)(a)(i),(ii),and(iv)or require other types of insurance coverage or policies. 7. Merger;No Oral Changes C. All policies providing such coverage shall be issued It is expressly agreed that the Contract represents the entire by insurance companies authorized to do business in New agreement of the parties and that all previous understandings York with an A.M.Best rating of A-or better. are herein merged in the Contract. No modification of the Contract shall be valid unless in written form and executed by d. The Contractor shall furnish to the County,prior to both parties. the execution of the Contract, declaration pages for each policy of insurance, other than a policy for commercial 8. Set-Off Rights general liability insurance, and upon demand, a true and certified original copy of each such policy evidencing The County shall have all of its common law,equitable,and compliance with the aforesaid insurance requirements. statutory rights of set-off. These rights shall include,but not be limited to,the County's option to withhold from a Fund e. In the case of commercial general liability Source an amount no greater than any sum due and owing to insurance the Contractor shall furnish to the County,prior to the County for any reason. The County shall exercise its set- the execution of the Contract,a declaration page or insuring off rights subject to approval by the County Attorney. In agreement and endorsement page evidencing the County's cases of set-off pursuant to a Comptroller's audit,the County status as an additional insured on said policy, and upon shall only exercise such right after the finalization thereof, demand, a true and certified original copy of such policy and only after consultation with the County Attorney. evidencing compliance with the aforesaid insurance requirements. 9. Non-Discrimination in Services and Employment f. All evidence of insurance shall provide for the a. The Contractor shall not, on the grounds of race, County to be notified in writing thirty(30)days prior to any creed, color, national origin, sex, age, disability, sexual cancellation,nonrenewal,or material change in the policy to orientation,military status, or marital status which such evidence relates. It shall be the duty of the Contractor to notify the County immediately of any i.) deny any individual the Services cancellation,nonrenewal,or material change in any insurance provided pursuant to the Contract; or policy. ii.) provide the Services to an individual that is different, or provided in a different g. In the event the Contractor shall fail to provide manner, from those provided to others evidence of insurance,the County may provide the insurance pursuant to the Contract;or required in such manner as the County deems appropriate and iii.) subject an individual to segregation or deduct the cost thereof from a Fund Source. separate treatment in any matter related to the individual's receipt of the Services h. If the Contractor is a Municipal Corporation and provided pursuant to the Contract;or has aself-insurance program under which it acts as a self- ) restrict an individual in any way from insurer for any of such required coverage,the Contractor shall any advantage or privilege enjoyed by provide proof, acceptable to the County, of self-funded others receiving the Services provided coverage. pursuant to the Contract;or V.) treat an individual differently from 5. Independent Contractor others in determining whether or not the individual satisfies any eligibility or The Contractor is not, and shall never be, considered an other requirements or conditions which employee of the County for any purpose. Notwithstanding individuals must meet in order to receive anything contained in this Contract,the Contract shall not be the Services provided pursuant to the construed as creating a principal-agent relationship between Contract;or the County and the Contractor or the Contractor and the vi.) discriminate against employees or County,as the case may be. applicants for employment. 24 of 40 pages ARTICLE III Rev. 1/10/2025;Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant The Contractor and the County shall render diligently to each b. The Contractor shall not utilize criteria or methods other, without compensation, any and all cooperation that of administration which have the effect of subjecting may be required to defend the other party,its employees and individuals to discrimination because,of their race, creed, designated representatives, against any claim, demand or color,national origin,sex,age,disability,sexual orientation, action that may be brought against the other party, its military status, or marital status, or have the effect of employees or designated representatives arising out of,or in substantially impairing the Contract with respect to connection with,the Contract. individuals of a particular race,creed,color,national origin, - sex, age, disability, sexual orientation, military status, or 15. Confidentiality marital status,in determining: Any document of the County,or any document created by the i.) the Services to be provided;or Contractor and used in rendering the Services,shall remain the property of the County and shall be kept confidential in the class of individuals to whom,or the accordance with applicable laws,rules,and regulations. situations in which,the Services will be provided;or 16. Assignment and Subcontracting the class of individuals to be afforded an a. The Contractor shall not delegate its duties under opportunity to receive the Services. the Contract,or assign,transfer,convey,subcontract,sublet, or otherwise dispose of the Contract,or any of its right,title 10. Nonsectarian Declaration or interest therein, or its power to execute the'Contract, or assign all or any portion of the moneys that may be due or The Services performed under the Contract are secular in become due hereunder, (collectively referred to in this nature. No funds received pursuant to the Contract shall be paragraph 16 as"Assignment"),to any other person,entity or used for sectarian purposes or to further the advancement of thing without the prior written consent of the County,and any any religion. The Services will be available to all eligible attempt to do any of the foregoing without such consent shall individuals regardless of religious belief or affiliation. be void ab initio. 11. Governing Law b. Such Assignment shall be subject to all of the provisions of the Contract and to any other condition the The Contract shall be governed by, and construed in County requires. No approval of any Assignment shall be accordance with,the laws of the State of New York,without construed as enlarging any obligation of the County under the regard to conflict of laws. Venue shall be designated in the terms and provisions of the Contract. No Assignment of the Supreme Court, Suffolk County,the United States District Contract or assumption by any person of any duty of the Court for the Eastern District of New York,or,if appropriate, Contractor under the Contract shall provide for,or otherwise a court of inferior jurisdiction in Suffolk County. be construed as, releasing the Contractor from any term or provision of the Contract. 12. No Waiver 17. Changes to Contractor It shall not be construed that any failure or forbearance of the County to enforce any provision of the Contract in any a. The Contractor may,from time to time,only with particular instance or instances is a waiver of that provision. the County's written consent,enter into a Permitted Transfer. Such provision shall otherwise remain in full force and effect, For purposes of the Contract,a.Permitted Transfer means: notwithstanding any,such failure or forbearance. i.) if the Contractor is a partnership, the 13. Conflicts of Interest withdrawal or change, whether voluntary,involuntary or by operation of The Contractor shall not,during the Term,pursue a course of law, of the partners, or transfer of conduct which would cause a reasonable person to believe partnership interests (other than the that he or she is likely to be engaged in acts that create a purchase of partnership interests by substantial conflict between its obligations under the Contract existing partners,by the partnership itself and its private interests. The Contractor is charged with the or the immediate family members by duty to disclose to the County the existence of any such reason of gift, sale or devise), or the adverse interests, whether existing or potential. This duty dissolution of the partnership without shall continue as long as the Term. The determination as to immediate reconstitution thereof,and whether or when a conflict may potentially exist shall ultimately be made by the County Attorney after full ii.) if the Contractor is a closely held disclosure is obtained. corporation (i.e. whose stock is not publicly held and not traded through an 14. Cooperation on Claims exchange or over the counter): 25 of 40 pages ARTICLE III Rev. 1/10/2025; Law No. 25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant 1. the dissolution, merger, detail)within such twenty(20)-day period,then the County consolidation or other shall be deemed to have granted its consent to such Permitted reorganization of the Transfer. Contractor;and e. Notwithstanding the County's consent, 2. the sale or other transfer of twenty percent(20%)or more i.) the terms and conditions of the Contract of the shares of the Contractor shall in no way be deemed to have been (other than to existing waived or modified;and shareholders, the corporation itself or the immediate family ii.) such consent shall not be deemed members of shareholders by consent to any further transfers. reason of gift,sale or devise). 18. No Intended Third Party Beneficiaries b. If the Contractor is a not-for-profit corporation,a change of twenty percent (20%) or more of its shares or The Contract is entered into solely for the benefit of the members shall be deemed a Permitted Transfer. County and the Contractor. No third party shall be deemed a beneficiary of the Contract and no third party shall have the C. The Contractor shall notify the County in writing, right to make any claim or assert any right under the Contract which notice(the"Transfer Notice")shall include: 19. Certification as to Relationships i.) the proposed effective date of the Permitted Transfer, which shall not be The Contractor certifies under penalties of perjury that to the less than thirty (30)days nor more than best of its knowledge,other than through the funds provided one hundred eighty(180) days after the in the Contract and other valid agreements with the County, date of delivery of the Transfer Notice; there is no known spouse,life partner,business,commercial, economic, or financial relationship with the County or its ii.) a summary of the material terms of the elected officials. The Contractor also certifies to the best of proposed Permitted Transfer; its knowledge that there is no relationship within the third degree of consanguinity,between the Contractor,any of its iii.) the name and address of the proposed partners, members, directors, or shareholders owning five transferee; (5%)percent or more of the Contractor,and the County. The foregoing certification shall not apply to a contractor that is a iv.) such information reasonably required by• municipal corporation or a government entity the County, which will enable the 20 Publications County to determine the financial responsibility, character, and reputation Any book, article,report,or other publication related to the of the proposed transferee,nature of the Services provided pursuant to this Contract shall contain the proposed assignee/transferee's business following statement in clear and legible print: and experience; V.) all executed forms required pursuant to "This publication is fully or partially funded Article IV of the Contract, that are by the County of Suffolk." required to be submitted by the 21. Copyrights and Patents Contractor;and vi.) such other information as the County a. Copyrights may reasonably require. Any and all materials generated by or on behalf of the Contractor while performing the Services(including,without d. The County agrees that any request for its consent limitation,designs,images,video,reports,analyses,manuals, to a Permitted Transfer shall be granted, provided that the films,tests,tutorials;and any other work product of any kind) transfer does not violate any provision of the Contract, and and all intellectual property rights relating thereto ("Work the transferee has not been convicted of a criminal offense as Product") are and shall be the sole property of the County. described under Article II of Chapter 189 of the Suffolk County Code. The County shall grant or deny its consent to The Contractor hereby assigns to the County its entire right,any request of a Permitted Transfer within twenty (20)days title and interest,if any,to all Work Product,and agrees to do all acts and execute all documents,and to use its best efforts after delivery to the County of the Transfer Notice, in to ensure that its employees, consultants; subcontractors; accordance with the provisions of Paragraph 27 of Article III vendors and agents do all acts and execute any documents, of the Contract. If the County shall not give written notice to necessary to vest ownership in the County of any and all the Contractor denying its consent to such Permitted Transfer Work Product. The Contractor may not secure copyright (and setting forth the basis for such denial in reasonable 26 of 40 pages ARTICLE III Rev. 1/10/2025; Law No. 25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant protection. The County reserves to itself,and the Contractor Employee sign-in sheets and register/log books shall be kept hereby gives to the County, and to any other person on the construction site at all times and all covered designated by the County, consent to produce, reproduce; employees, as defined in the law, shall be required to sign publish,translate,display or otherwise use the Work Product such sign-in sheets/register/log 'books to indicate their This paragraph shall survive any completion, expiration or presence on the construction site during such working hours. termination of this Contract. 24. Certification Regarding Lobbying The County shall be deemed to be the author of all the Work Product. The Contractor acknowledges that all Work Product Together with this Contract and as a condition precedent to its shall constitute "work made for hire" under the U.S. execution by the County,the Contractor shall have executed copyright laws. To the extent that any Work Product does not and delivered to the County the Certification Regarding constitute a "work made for hire," the Contractor hereby Lobbying (if payment under this Contract may exceed assigns to the County all right,title and interest,including the $100,000) as required by Federal regulations, and shall right, title and interest to reproduce, edit, adapt, modify or promptly advise the County of any material change in any of otherwise use the Work Product,that the Contractor may have the information reported on such Certification, and shall or may hereafter acquire in the Work Product,including all otherwise comply with, and shall assist the County in intellectual property rights therein,in any manner or medium complying with, said regulations as now in effect or as throughout the world in perpetuity without compensation. amended during the term of this Contract. This includes,but is not limited to,the right to reproduce and distribute the Work Product in electronic or optical media,or 25. Record Retention in CD-ROM,on-line or similar format. The Contractor shall retain all accounts,books,records,and b. Patents other documents relevant to the Contract for seven(7)years after final payment is made by the County. Federal, State, If the Contractor develops, invents, designs or creates any and/or County auditors and any persons duly authorized by idea, concept, code, processes or other work or materials the County shall have full access and the right to examine any during the Term, or as a result of any Services performed of said materials during said period. Such access is granted under the Contract("patent eligible subject matter"),it shall notwithstanding any exemption from disclosure that may be be the sole property of the County. The Contractor hereby claimed for those records which are subject to nondisclosure assigns to the County its entire right,title and interest,if any, agreements, trade secrets and commercial information or to all patent eligible subject matter,and agrees to do all acts financial information that is privileged or confidential and execute all documents,and to use its best efforts to ensure Without limiting the generality of the foregoing, records that its employees, consultants,subcontractors,vendors and directly related to contract expenditures shall be kept for a agents do all acts and execute any documents,necessary to period of ten(10)years because the statute of limitations for vest ownership in the County of any and all patent eligible the New York False Claims Act(New York False Claims Act subject matter. The Contractor may not apply for or secure § 192)is ten(10)years. for itself patent protection. The County reserves to itself,and the Contractor hereby gives to the County, and to any other 26. Contract Agency Performance Measures and Reporting person designated by the County, consent to produce or Requirements—Local Law No.41-2013 otherwise use any item so discovered and/or the right to secure a patent for the discovery or invention. This paragraph a. If payment under this Contract may exceed shall survive any completion,expiration or termination of this $50,000,it is subject to the requirements of Suffolk County Contract. Local Law No. 41-2013, a Local Law to Implement Performance Measurement to Increase Accountability and 22. Arrears to County Enhance Service Delivery by Contract Agencies(Article VHl of Chapter 189 of the Suffolk County Code)as set forth in Contractor warrants that, except as may otherwise be Article IV entitled "Suffolk County Legislative authorized by agreement, it is not in arrears to the County Requirements." upon any debt,contract,or any other lawful obligation,and is not in default to the County as surety. b. The Contractor shall cooperate with the Department in all aspects necessary to help carry out the requirements of the Law. Based on criteria established by the Contractor in 23. Lawful Hiring of Employees Law in Connection with conjunction with the Department,the Contractor shall submit Contracts for Construction or Future Construction monthly reports regarding the Contractor's performance relative to the established criteria, on dates and times as In the event that the Contract is subject to the Lawful Hiring specified by the Department,as more fully set forth in Article, of Employees Law of the County of Suffolk,Suffolk County I and Article IV of this Contract. Code Article II of Chapter 353,as more fully set forth in the Article entitled"Suffolk County Legislative Requirements," C. The Contractor shall submit an annual report to the the Contractor shall maintain the documentation mandated to Department regarding the Contractor's performance no later be kept by this law on the construction site at all times. than July 3 I of each year of the Term.All performance data 27 of 40 pages ARTICLE III 1 Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKDI-4980.95285 Line Item/Omnibus Grant 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. 28. Data Security and Privacy Contractor and all subcontractors shall comply with N.Y. Gen.Bus.Law§899-bb(by developing,implementing,and maintaining reasonable safeguards to protect the security, confidentiality,and integrity of private information). 29. New York State Labor Law If applicable to this Contract,Contractor shall comply with Article 8 of the N.Y.Labor Law. End of Text for Article III 28 of 40 pages ARTICLE III Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Article IV Suffolk County Legislative Requirements Required Forms: Suffolk County Living Wage Form DOL-LW 1/38(Revised NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE 1/2025)entitled"SUFFOLK COUNTY DEPARTMENT OF REQUIREMENTS FORMS REFERENCED HEREIN ARE LABOR,LICENSING&CONSUMERAFFAIRS—NOTICE AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON OF APPLICATION FOR COUNTY COMPENSATION- THE SIGNATURE PAGE OF THIS CONTRACT. LIVING WAGE CERTIFICATION/DECLARATION- SUBJECT TO AUDIT." These Legislative Requirements,as may be amended from time to time,shall apply to the Contractor regardless of whether notice of 3. Use of County Resources to Interfere with Collective such amendments has been provided to the Contractor by the Bargaining Activities County. It is the Contractor's obligation under this Contract to. It shall be the duty of Contractor to read,become familiar read,become familiar with,and comply with the requirements of with, and comply with the requirements of Article I of amended Suffolk County Local Laws,Rules and Regulations,which Chapter 803 of the Suffolk County Code. can be accessed on the homepage of the Suffolk County Legislature County Contractors (as defined by section 803-2) shall 1. Contractor'sNendor's Public Disclosure Statement comply with all requirements of Chapter 803 of the Suffolk County Code,including the following prohibitions: It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of section A promote,or deter union organizing. 5-8 of The Contractor shall not use County funds to assist Article V of the Suffolk County Code. p Unless certified by an officer of the Contractor as being b. No County funds shall be used to reimburse the exempt from the requirements of section A5-8 of Article V of Contractor for any costs incurred to assist,promote,or deter the Suffolk County Code, the Contractor represents and union organizing. warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County C. No employer shall use County property to hold a Administrative Code Article V,section A5-8 and shall file an meeting with employees or supervisors if the purpose of such update of such statement with the Comptroller on or before meeting is to assist,promote,or deter union organizing. the 31st day of January in each year of the Contract's duration. The Contractor acknowledges that such filing is a If the Services are performed on County property, the material,contractual and statutory duty and that the failure to Contractor must adopt a reasonable access agreement, a file such statement shall constitute a material breach of the neutrality agreement, fair communication agreement, non- Contract, for which the County shall be entitled, upon a intimidation agreement, and a majority authorization card determination that such breach has occurred,to damages,in agreement. addition to all other legal remedies,of fifteen percent(15%) of the amount of the Contract. If the Services are for the provision of human services and are not to be performed on County property,the Contractor must Required Form• adopt,at the least,a neutrality agreement. Suffolk County Form SCEX 22; entitled "Contractor'sNendor's Public Disclosure Statement" Under the provisions of Chapter 803,the County shall have the authority,under appropriate circumstances,to terminate the Contract and to seek other remedies as set forth therein, 2. Living Wage Law for violations of this Law. It shall be the duty of the Contractor to read,become familiar Required Form: with, and comply with the requirements of Chapter 575, of Suffolk County Labor Law Form DOL-LO1 (Revised the Suffolk County Code. 1/2024); entitled "Suffolk County Department of Labor, Licensing & Consumer Affairs — Union Organizing This Contract is subject to the Living Wage Law of the Certification/Declaration-Subject to Audit." County of Suffolk. The law requires that, unless specific exemptions apply, all employers(as defined) under service contracts and recipients of County financial assistance, (as 4. Lawful Hiring of Employees Law defined) shall provide payment of a minimum wage to It shall be the duty of the Contractor to read,become familiar employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk with, and comply with the requirements of Article II of County Living Wage Law of the County of Suffolk. Under Chapter 353 of the Suffolk County Code. the provisions of the Living Wage Law,the County shall have the authority,under appropriate circumstances,to terminate This Contract is subject to the Lawful Hiring of Employees the Contract and to seek other remedies as set forth therein, Law of the County of Suffolk. It provides that all covered employers;(as defined);and the owners thereof, as the case' for violations of this Law. 29 of 40 pages ARTICLE IV Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant may be,that are recipients of compensation from the County law,shall be required to sign such sign-in sheets/register/log through any grant, loan, subsidy, funding, appropriation, books to indicate their presence on the site during such payment, tax incentive, contract, subcontract, license working hours. agreement,lease or other financial compensation agreement issued by the County or an awarding agency, where such Required Forms: compensation is one hundred percent(100%)funded by the "SUFFOLK COUNTY DEPARTMENT OF LABOR, County, shall submit a completed sworn affidavit (under LICENSING, & CONSUMER AFFAIRS — NOTICE OF penalty of perjury),the form of which is attached,certifying APPLICATION TO CERTIFY COMPLIANCE WITH that they have complied,in good faith,with the requirements FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH of Title 8 of the United States Code Section 1324a with RESPECT TO LAWFUL HIRING OF EMPLOYEES, respect to the hiring of covered employees (as defined)and Suffolk County Code,Chapter 353 (2006)"DOL-LHE 1/2 with respect to the alien and nationality status of the owners (REVISED 1/2024). thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner,as the case 5. Gratuities may be; shall be part of any executed contract,subcontract, license agreement, lease or other financial compensation It shall be the duty of the Contractor to read,become familiar agreement with the County;and shall be made available to the with,and comply with the requirements of Chapter 664 ofhe public upon request. Suffolk County Code. All contractors and subcontractors (as defined) of covered The Contractor represents and warrants that it has not offered employers, and the owners thereof, as the case may be,that or given any gratuity to any official,employee or agent of the are assigned to perform work in connection with a County County or the State or of any political party,with the purpose contract, subcontract, license agreement, lease or other or intent of securing an agreement or securing favorable financial compensation agreement issued by the County or treatment with respect to the awarding or amending of an awarding agency,where such compensation is one hundred agreement or the making of any determinations with respect percent (100%) funded by the County, shall submit to the to the performance of an agreement. covered employer a completed sworn affidavit(under penalty of perjury),the form ofwhichis attached,certifying that they 6, Prohibition Against Contracting with Corporations have complied,in good faith,with the requirements of Title 8 that Reincorporate Overseas of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and It shall be the duty of the Contractor to read,become familiar nationality status of the owners thereof, as the case may be. with, and comply with the requirements of sections A4-13 The affidavit shall be executed by an authorized and A4-14 of Article IV of the Suffolk County Code. representative of the contractor, subcontractor,or owner,as the case may be; shall be part of any executed contract, The Contractor represents that it is in compliance with subcontract, license agreement, lease or other financial sections A4-13 and A4-14 of Article IV -of the Suffolk compensation agreement between the covered employer and County Code. Such law provides that no contract for the County; and shall be made available to the public upon consulting services or goods and services shall be awarded by request. the County to a business previously incorporated within the U.S.A.that has reincorporated outside the U.S.A. An updated affidavit shall be submitted by each such employer,owner,contractor and subcontractor no later than 7 Child Sexual Abuse Reporting Policy January 1 of each year for the duration of any contract and upon the renewal or amendment of the Contract, and It shall be the duty of the Contractor to read,become familiar whenever a new contractor or subcontractor is hired under the with, and comply with the requirements of Article II of terms of the Contract. Chapter 880 of the Suffolk County Code. The Contractor acknowledges that such filings are a material, The Contractor shall comply with Article II of Chapter 880, contractual and statutory duty and that the failure to file any of the Suffolk County Code, entitled "Child Sexual Abuse such statement shall constitute a material breach of the Reporting Policy,"as now in effect or amended hereafter or Contract. of any other Suffolk County Local Law that may become applicable during the term of the Contract with regard to child Under the provisions of the Lawful Hiring of Employees sexual abuse reporting policy. Law, the County shall have the authority to terminate the Contract for violations of this Law and to seek other remedies 8. Nan Responsible Bidder available under the law. The documentation mandated to be kept by this law shall at It shall be the duty of the Contractor to read,become familiar all times be kept on site. Employee sign-in sheets and with, and comply with the requirements of Article II of register/log books shall be kept on site at all times during Chapter 189 ofthe Suffolk County Code. working hours and all covered employees, as defined in the 30 of 40 pages ARTICLE IV Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Upon signing the Contract,the Contractor certifies that it has not been convicted of a criminal offense within the last ten All contract agencies that provide services to minors are (10)years. The term"conviction" shall mean a finding of required to protect the privacy of the minors and are strictly guilty after a trial or a plea of guilty to an offense covered prohibited from selling or otherwise providing to any third under section 189-5 of the Suffolk County Code under party,in any manner whatsoever,the personal or identifying "Nonresponsible Bidder." information of any minor participating in their programs. 9. Use of Funds in Prosecution of Civil Actions 13. Contract Agency Performance Measures and Prohibited Reporting Requirements It shall be the duty of the Contractor to read,become familiar It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Article III of with, and comply with the requirements of Suffolk County Chapter 893 of the Suffolk County Code. Local Law No. 41-2013, a Charter Law to Implement Performance Measurement to Increase Accountability and The Contractor shall not use any of the moneys,in part or in Enhance Service Delivery by Contract Agencies(Article VIII whole, and either directly or indirectly, received under the of Chapter 189 of the Suffolk County Code)as more fully set Contract in connection with the prosecution of any civil forth in Article I and Article III of this Contract. action against the County in any jurisdiction or any judicial or administrative forum. All contract agencies having a contract in excess of$50,000 shall cooperate with the contract's administering department 10. Youth Sports to identify the key performance measures related to the objectives of the services that the contract agency provides It shall be the duty of the Contractor to read,become familiar and shall develop an annual performance reporting plan.The with, and comply with Article III of Chapter 730 of the contract agency shall cooperate with the administering Suffolk County Code. department and the County Executive's Performance Management Team to establish working groups to identify All contract agencies that conduct youth sports programs are appropriate performance indicators and targets for monthly required to develop and maintain a written plan or policy evaluation of the contract agency's performance. addressing incidents of possible or actual concussion or other head injuries among sports program participants.Such plan or 14. Suffolk County Local Laws Website Address policy must be submitted prior to the award of a County contract,grant or funding. Receipt of such plan or policy by Suffolk County Local Laws, Rules and Regulations can be the County does not represent approval or endorsement of any accessed on the homepage of the Suffolk County Legislature. such plan or policy,nor shall the County be subject to any liability in connection with any such plan or policy. 15. Suffolk County Code of Ethics 11. Work Experience Participation As required by Suffolk County Standard Operating Procedure A-06, the following is a link to the Suffolk County Ethics If the Contractor is anot-for-profit or governmental agency or Booklet,which contains the provisions of the Suffolk County institution,each of the Contractor's locations in the County at Code of Ethics: which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to hltps://suffolkeountvnv.gov/Portals/O/forrnsdoes/Boardofethic Chapter 281 of the Suffolk County Code at all times during s/2%2024%20BLUE%20BOOK%20UPDATED.odf the Term of the Contract. If no Memorandum of Understanding("MOU")with the Suffolk County Department M. Notification of Cyber Security Breach of Labor for work experience is in effect at the beginning of the Term of the Contract, the Contractor, if it is a not-for- profit or governmental agency or institution,shall enter into It shall be the duty of the Contractor to read,become familiar with,and comply with the requirements of section A5-22 of such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance Article V of the Suffolk County Administrative Code. with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the County may The Contractor(as defined in section A5-22)certifies that it withhold payment, terminate the Contract or exercise such has policies and procedures in place for the effective management of any cyber security breach, event or attack. other remedies as may be appropriate in the circumstances. The Contractor shall, within 48 hours, notify the Chief 12. Safeguarding Personal Information of Minors Information Security Officer ("CISO") at the Office of Information Technology located at William J. Lindsay It shall be the duty of the Contractor to read,become familiar County Complex — Building 50, 725 Veterans Memorial Suffolk County Highway,Hauppauge;New York 11788 and the Department with, and comply with the requirements of Su named on the signature page of this Contract, of any cyber Local Law No. 20-2013; a Local Law to Safeguard the breach,event or attack,as defined in section A5-22 of Article Personal Information of Minors in Suffolk County. 31 of 40 pages ARTICLE IV Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant 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 32 of 40 pages ARTICLE IV , Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Article V form(s)required by County or the Suffolk County General Fiscal Terms and Conditions Department of Audit and Control, shall be furnished to the County pursuant to,and as limited by,the Regulations for Accounting Procedures for 1. General Payment Terms Contract Agencies of the 'Suffolk County Department of Audit and Control. In addition to a. Presentation of Suffolk County Payment any other remedies that the County may have, Voucher failure to supply the required documentation will disqualify the Contractor from any further County In order for payment to be made by the County to contracts. the Contractor for the Services,the Contractor shall prepare and present a Suffolk County Payment C. Payment by County Voucher,which shall be documented by sufficient, competent and evidential matter. Each Suffolk Payment by the County shall be made within thirty County Payment Voucher submitted for payment is (30) days after approval of the Suffolk County subject to Audit at anytime during the Term or any Payment Voucher by the Comptroller. extension thereof. This provision shall survive expiration or termination of this Contract for a d. Budget Modification period of not less than seven(7)years,and access to records shall be as set forth in paragraph 25 of The parties shall use the ContractBudget Article III,and paragraph 4(b)of Article V. Modification Request form ("Budget Modification") for revisions to the b. Voucher Documentation Budget and Services not involving an increase to the total cost of the Contract. The Suffolk County Payment Voucher shall list all If the Contractor is seeking such a information regarding the Services and other items modification, the Contractor shall for which expenditures have been or will be made contact the Department to receive the in accordance with the Contract. Either upon form and enter the required information. execution of the Contract(for the Services already When the County and the Contractor rendered and expenditures already made), or not agree as to such revisions,the Contractor more than thirty (30) days after the expenditures shall sign the Budget Modification form were made, and in no event after the 31 s' day of and return it to the County for execution January following the end of each year of the along with any other documentation the Contract,the Contractor shall furnish the County Department may require. with detailed documentation in support of the payment for the Services or expenditures under the Such request must be made in advance of Contract e.g. dates of the Service, worksite incurring any expenditure for which the locations,activities,hours worked,pay rates and all revision is needed. program Budget categories. The Suffolk County Payment Voucher shall include time records, Upon complete execution of the Budget certified by the Contractor as true and accurate,of Modification form, the County shall all personnel for whom expenditures are claimed return a copy to the Contractor. The during the period. Time and attendance records of revision shall not be effective until the a Contractor's Director/Executive Director shall be Budget Modification is completely certified by the Chairperson, President or other executed. designated member of the Board of Directors ofthe Contractor and shall be maintained by the iv.) The Budget Modification form may be Contractor for audit. All Suffolk County Payment submitted only twice per calendar year Vouchers must bear a signature as that term is and may only be submitted prior to defined pursuant to New York State General November 151h-of that year. Construction Law§46 by duly authorized persons, and certification of such authorization with e. Budget and/or Services Revisions certified specimen signatures thereon must be filed with the County by a Contractor official The parties shall use the Contract empowered to sign the Contract. Budget/Services Revision Approval Disbursements made by the Contractor in Form (Budget/Services Revisions) for accordance with the Contract and submitted for revisions to the Budget and Services reimbursement must be documented and must involving any change to the total cost of comply with accounting procedures as set forth by the Contract due to a resolution of the the Suffolk County Department of Audit and Legislature; changes to the County's Control. Documentation, including any other adopted annual budget, or for any other 33 of 40 pages ARTICLE V Rev. 1/10/2025;Law No.25-AG- IFMS No. 00000015541 Southold CSE Home•Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant reason necessitating revisions to the be paid. Budget or Services. C. The County may, during the Term, impose a ii.) When the County and the Contractor Budget Deficiency Plan. In the event that a Budget agree as to such revisions, the Deficiency Plan is imposed, the County shall Department will enter the information promptly notify the Contractor in writing of the into the Budget/Services Revisions form terms and conditions thereof, which shall be and send it to the Contractor for deemed incorporated in and made a part of the signature.The Contractor shall return it Contract,and the Contractor shall implement those to the County for execution along with terms and conditions in no less than fourteen(14) any other documentation the Department days. may require. 3. Personnel Salaries, Pension and Employee Benefit Upon complete execution of the form by Plans,Rules and Procedures the parties, the County shall return a copy to the Contractor. The revision a. Upon request, the Contractor shall submit to the shall not be effective until the Budget County a current copy,certified by the Contractor /Services Revisions Form is completely as true and accurate,of its executed. i.) salary scale for all positions listed in the f. Taxes Budget; The charges payable to the Contractor under the ii.) personnel rules and procedures; Contract are exclusive of federal, state, and local taxes, the County being a municipality exempt iii.) pension plan and any other employee from payment of such taxes. benefit plans or arrangements. g. Final Voucher b. The Contractor shall not be entitled to reimbursement for costs under any pension or The acceptance by the Contractor of payment of all benefit plan the Comptroller deems commercially billings made on the final approved Suffolk County unreasonable. Payment Voucher shall operate as and shall be a release of the County from all claims by the C. Notwithstanding anything in this paragraph 3 of Contractor through the date of the Voucher. this Article V,the County shall not be limited in requesting such additional financial information it deems reasonable. 2. Subject to Appropriation of Funds a. The Contract is subject to the amount of funds 4. Accounting Procedures appropriated each fiscal year and any subsequent modifications thereof by the County Legislature, a. The Contractor shall maintain accounts,books,records, and no liability shall be incurred by the County documents,other evidence,and accounting procedures beyond the amount of funds appropriated each and practices which sufficiently and properly reflect all fiscal year by the County Legislature for the direct and indirect costs of any nature expended in the Services. performance of the Contract, in accordance with generally accepted accounting principles and with b. If the County fails to receive Federal or State funds rules, regulations and financial directives, as may be originally intended to pay for the Services, or to promulgated by the Suffolk County Department of reimburse the County, in whole or in part, for Audit and Control and the Department. The Contractor payments made for the Services,the County shall shall permit inspection and audit of such accounts, have the sole and exclusive right to: books,records, documents and other evidence by the Department and the Suffolk County Comptroller, or i.) determine how to pay for the Services; their representatives, as often as, in their judgment, such inspection is deemed necessary. Such right of ii.) determine future payments to the inspection and audit as set forth in subparagraph b. Contractor.and below shall exist during the Term and for a period of seven (7) years after expiration or termination of the iii.) determine what amounts, if any, are Contract. reimbursable to the County by the Contractor and the terms and conditions b. The Contractor shall retain all accounts,books,records, under which such reimbursement shall and other documents relevant to the Contract for seven 34 of 40 pages ARTICLE V Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant (7)years after final payment is made by the County. agreements with the County,and shall submit a report Federal,State,and/or County auditors and any persons to the County on the overall financial condition and duly authorized by the County shall have full access operations of the Contractor,including a balance sheet and the right to examine any of said materials during and statement of income and expenses,attested by the said period. Such access is granted notwithstanding Auditor as fairly and accurately reflecting the any exemption from disclosure that may be claimed for accounting records of the Contractor in accordance those records which are subject to nondisclosure with generally accepted accounting principles. The agreements,trade secrets and commercial information audited financial statements including respective or financial information that is privileged or Management Letters must be emailed to the Executive confidential. Director of Auditing Services at Audits(a_suffolkcountyny.Qov within thirty (30) days C. The Contractor shall utilize the accrual basis of after completion of the audit,but in no event later than accounting and will submit all financial reports and nine(9)months after the end of the Contractor's fiscal claims based on this method of accounting during the year,to which the audit relates. The Contractor may Term. solicit requests for proposals from a number of qualified accounting firms and review carefully the costs of,and qualifications for,this type of work before S. Audit of Financial Statements selecting the Auditor. a. All payments made under the Contract are subject b. The Auditor should be required to meet the following to audit by the Comptroller pursuant to Article V of minimum requirements: the Suffolk County Charter. The Contractor further agrees that the Comptroller and the Department shall have access to and the right to examine,audit, i.) a current license issued by the New York excerpt, copy or transcribe any pertinent State Education Department; transactions or other records relating to services ii.) sufficient auditing experience in the not- under the Contract. If such an audit discloses for-profit,governmental or profit-making overpayments by the County to the Contractor, areas,as applicable;and within thirty (30) days after the issuance of an official audit report by the Comptroller or his duly iii.) a satisfactory peer review issued within designated representatives, the Contractor shall not more than three(3)years prior to the repay the amount of such overpayment by check to date when the Auditor was selected to the order of the Suffolk County Comptroller or conduct the audit. shall submit a proposed plan of repayment to the C. The audit must be conducted in accordance with Comptroller. If there is no response, or if generally accepted governmental auditing standards. satisfactory repayments are not made,the County Financial statements must clearly differentiate between may recoup overpayments from any amounts due County-funded programs and other programs that the or becoming due to the Contractor from the County Contractor may be operating. The use of subsidiary under the Contract or otherwise. The Comptroller schedules should be encouraged for this purpose. The reserves the right to undertake all reasonable Auditor must also prepare a Management Letter based actions to ensure compliance with all applicable on the audit. local laws,rules,and regulations including but not limited to Chapter 189 of the Suffolk County Code. d. "Subrecipients"—Federally Funded Programs and Grants b. The provisions of this paragraph shall survive the expiration or termination of the Contract for a i.) In the event the Contractor is a period of seven (7) years, and access to records "Subrecipient"as that term is defined in 2 shall be as set forth in paragraph 25 of Article III, CFR § 200.1 and expends ONE and paragraph 4(b)of Article V. MILLION ($1,000,000.00) dollars or more of Federal moneys, whether as a 6. Financial Statements and Audit Requirements recipient expending awards received directly from Federal awarding agencies a. Notwithstanding any other reporting or certification or as a Contractor expending Federal requirements of Federal,State,or local authorities,the awards received from a pass-through Contractor shall obtain the services of an independent entity such as New York State and/or licensed public accountant or certified public Suffolk County, during any fiscal year accountant (the "Auditor") to audit its financial within which it receives funding under statements for each Contractor's"fiscal year"in which the Contract;the audit referred to under the Contractor has received, or will receive, three this paragraph 6 must be conducted and hundred thousand($300,000.00)dollars or more from any the audit report must be in the County, whether under the Contract or other accordance with OMB Uniform Grant 35 of 40 pages ARTICLE V Rev. 1/10/2025; Law No. 25-AG- ISMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Guidance — 2 CFR Part 200 ("Single f. The requirements set forth in this paragraph 6 shall Audit Report"). Single Audit Reports not preclude the authorized representatives of the County,the must also be uploaded to the Federal Comptroller,or Federal or State entities from conducting any Audit Clearinghouse, to the extent other duly authorized audit(s) of records and financial required by the OMB Uniform Grant statements of the Contractor. The Contractor shall make such Guidance referred to above. In addition, records and financial statements available to authorized the Single Audit Report, respective representatives of Federal,State and County government for financial statements and any that purpose. Management Letters must be submitted to the Department set forth on page one g. The provisions of this paragraph 6 shall survive the of this Contract and emailed to the expiration or termination of the Contract. Executive Director of Auditing Services at 7. Furniture,Fixtures,Equipment,Materials,Supplies subrecipientmonitoring(a)suffolkcount yny.gov within thirty (30) days after a. Purchases, Rentals or Leases Requiring Prior completion of the audit,but in no event Approval later than nine(9)months after the end of the Contractor's fiscal year,to which the Prior to placing any order to purchase, rent or lease any audit relates. furniture, fixtures, or equipment valued in excess of one thousand dollars($1,000.00)per unit for which the Contractor In the event the Contractor is a will seek reimbursement from the County, the Contractor "Subrecipient"as that term is defined in 2 shall submit to the County a written request for approval to CFR§200.1 and expends less than ONE make such a proposed purchase, rental or lease, with a list MILLION ($1,000,000.00) dollars of showing the quantity and description of each item, its Federal moneys, whether as a recipient intended location and use, estimated unit price or cost, expending awards received directly from estimated total cost of the proposed order and three written Federal awarding agencies or as a estimates for the same. Written approval of the County shall Contractor expending Federal awards be required before the Contractor may proceed with such received from a pass-through entity such proposed purchase, rental or lease of furniture, fixtures or as New York State and/or Suffolk equipment. All items purchased must be new or like new County, during any fiscal year the unless specifically described otherwise in the Budget. Contractor must email a certified Exemption Letter, the form of which b. Purchase Practices/Proprietary Interest of shall be provided by the Department, on County the Contractor's Letterhead and a Schedule of Federal Funds Expended to i,) The Contractor shall follow the general the respective County Department and practices that are designed to obtain the Executive Director of Auditing furniture,fixtures,equipment,materials, Services at or supplies at the most reasonable price subrecipientmonitoringCsuffolkcountvnv or cost possible. .gov within thirty(30)days of the end of the Contractor's fiscal year. The ii.) The County reserves the right to Schedule of Federal Funds Expended purchase or obtain furniture, fixtures, must include all Federal funding received equipment,materials,or supplies for the directly from the Federal government and Contractor in accordance with the all Federal funds passed through from the programmatic needs of the Contract. If County and other pass-through entities. the County exercises this right, the amount budgeted for the items so iii.) Subrecipients may include, but not purchased or obtained by the County for necessarily be limited to, not-for-profit the Contractor shall not be available to organizations;units of state govermnent the Contractor for any purpose or a unit of local governments. whatsoever. Title to any such items purchased or otherwise obtained by the e. Copies of any other audit reports including County for the programs encompassed oversight agency audits must be submitted to the Department by the Contract and entrusted to the set forth on page one of this Contract and emailed to the Contractor,shall remain in the County. Executive Director of Auditing Services at Auditst�_@suffolkcountyny.gov suffolkcountvny.rov within thirty (30) days after iii.) The County shall retain a proprietary completion of the audit(s). interest in all furniture, removable fixtures, equipment, materials, and 36 of 40 pages ARTICLE V Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant supplies purchased or obtained by the fixtures, equipment, material or supplies in its Contractor and paid for or reimbursed to custody against damage or loss by fire,burglary, the Contractor pursuant to the terms of theft,disappearance,vandalism,or misuse. In the the Contract or any prior agreement event of burglary, theft, vandalism, or between the Parties. disappearance of any item of furniture, fixtures, equipment, material or supplies, the Contractor iv.) The Contractor shall attach labels shall immediately notify the police and make a indicating the County's proprietary record thereof,including a record of the results of interest or title in all such property. any investigation which may be made thereon. In the event of loss of or damage to any item of C. County's Right to Take Title and Possession furniture, fixtures, equipment, materials, or supplies from any cause, the Contractor shall Upon the termination or expiration of the Contract immediately send the County a detailed written or any renewal thereof, the discontinuance of the report thereon. business of the Contractor, the failure of the Contractor to comply with the terms of the f. Disposition of Property in Contractor's Custody Contract, the bankruptcy of the Contractor, an assignment for the benefit of its creditors, or the Contractor shall be required to obtain the County's prior failure of the Contractor to satisfy any judgment written approval to dispose of any and all property including against it within thirty (30) days of filing of the fixtures, equipment and furniture, purchased with County judgment,the County shall have the right to take finds. Upon termination of the County's funding of any of the title to and possession of all furniture,removable Services covered by the Contract,or at any other time that the fixtures,equipment,materials,and supplies and the County may direct,the Contractor shall make access available same shall thereupon become the property of the and render all necessary assistance for physical removal by County without any claim for reimbursement on the County or its designee of any or all furniture,removable the part of the Contractor. fixtures,equipment,materials or supplies in the Contractor's custody in which the County has a proprietary interest,in the d. Inventory Records,Controls and Reports same condition as such property was received by the Contractor, reasonable wear and tear excepted. Any The Contractor shall regularly and concurrently disposition,settlements or adjustments connected with such maintain proper and accurate inventory records and property shall be in accordance with the rules and regulations controls for all such furniture,removable fixtures of the County and the State of New York. and equipment acquired pursuant to the Contract and all prior agreements between the parties,if any. 8. Lease or Rental Agreements Three(3)months before the expiration date of the Contract, the Contractor shall make a physical If lease payments or rental costs are included in the Budget as count of all items of furniture,removable fixtures an item of expense reimbursable by the County, the and equipment in its custody,checking each item Contractor shall promptly submit to the County,upon request, against the aforesaid inventory records. A report any lease or rental agreement. If during the Term, the setting forth the results of such physical count shall Contractor shall enter into a lease or rental agreement,or shall be prepared by the Contractor on a form or forms renew a lease or rental agreement,the Contractor shall,prior designated by the County,certified and signed by to the execution thereof, submit such lease or rental an authorized official of the Contractor,and one(1) agreement,to the County for approval. copy thereof shall be delivered to the County within five (5) days after the date set for the 9 Statement of Other Contracts aforesaid physical count. Within five(5)days after the termination or expiration date of the Contract, Prior to the execution of the Contract, the Contractor shall the Contractor shall submit to the County six (6) submit a Statement of Other Contracts to the County. If the copies of the same report updated to such date of Contract is amended during the Term, or if the County the Contract,certified and signed by an authorized exercises its option right,the Contractor shall submit a then official ofthe Contractor,based on aphysical count current Statement of Other Contracts. of all items of furniture, removable fixtures and equipment on the aforesaid expiration date, and revised, if necessary, to include any inventory 10. Miscellaneous Fiscal Terms and Conditions changes during the last three (3) months of the a. Limit of County's Obligations Term. e. Protection of Property in Contractor's Custody The maximum amount to be paid by the County is set forth on the first page of the Contract. The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, 37 of 40 pages ARTICLE V Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant b. Duplicate Payment from Other Sources f. Payments Contingent upon State/Federal Funding Payment by the County for the Services shall not duplicate payment received by the Contractor from Payments under the Contract may be subj ect to and any other source. contingent upon continued funding by State and/or Federal agencies. In the event payments are C. Funding Identification subject to such funding no payment shall be made until the Contractor submits documentation in the The Contractor shall promptly submit to the manner and form as shall be required by State County upon request,a schedule for all programs and/or Federal agency. If late submission of claims funded by the County, itemizing for each such precludes the County from claiming State or program the sums received, their source and the Federal reimbursement, such late claims by the total program budget. Contractor shall not be paid by the County subject to subparagraph g. below, if, for any reason, the d. Outside Funding for Non-County Funded full amount of such funding is not made available Activities to the County,the Contract may be terminated in whole or in part or the amount payable to the Notwithstanding the foregoing provisions of the Contractor may be reduced at the discretion of the Contract, it is the intent of the County that the County, provided that any such termination or terms and conditions of the Contract shall not limit reduction shall not apply to allowable costs the Contractor from applying for and accepting incurred by the Contractor prior to such termination outside grant awards or from providing additional or reduction, and provided that money has been educational activities/services which may result in appropriated for payment of such costs. the Contractor incurring additional costs,as long as the following conditions are met: g. Denial of Aid i.) The County is not the Fund Source for If a State or Federal government agency is funding the additional services; the Contract and fails to approve aid in reimbursement to the County for payments made Sufficient funding is available for or can hereunder by the County to the Contractor for be generated by the Contractor to cover expenditures made during the Term because of any the cost incurred by the Contractor to act, omission or negligence on the part of the provide these additional services;and Contractor, then the County may deduct and If sufficient funding is not available or withhold from any payment due to the Contractor cannot be generated,the County shall not an amount equal to the reimbursement denied by be held liable for any of the additional the state or federal government agency, and the costs incurred by the Contractor in County's obligation to the Contractor shall be furnishing such additional services. reduced by any such amounts. In such an event,if there should be a balance due to the County after it iv.) Prior to scheduling any such additional has made a final payment to the Contractor under services on County-owned property,the the Contract, on demand by the County, the Contractor shall obtain written County Contractor shall reimburse the County for the approval. The Contractor shall, to the amount of the balance due the County,payable to County's satisfaction, submit any the Suffolk County Comptroller.The provisions of documentation requested by the this subparagraph shall survive the expiration or Department reflecting the change, and termination of the Contract. identify the additional services to be provided and the source of funding that h. Budget shall be utilized to cover the expenditures incurred by the Contractor The Contractor expressly represents and agrees that in undertaking the additional services. • the Budget lists all revenue, expenditures, personnel,personnel costs and/or all other relevant e. Potential Revenue costs necessary to provide the Services. The Contractor shall actively seek and take i. Payment of Claims reasonable steps to secure all potential funding from grants and contracts with other agencies for Upon receipt of a Suffolk County Payment programs funded by the County. Voucher,the County,at its discretion,may pay the Contractor during the Term,in advance,an amount not to exceed one sixth (1/6) of the maximum amount to be paid by the County set forth on the 38 of 40 pages ARTICLE V Rev. 1110/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/,IKD1-4980-95285 Line Item/Omnibus Grant first page of the Contract. regulations involving filling of vacancies which shall be deemed to be incorporated by reference in, j. Payments Limited to Actual Net Expenditures and be made part of, the Contract, provided, however,that subject to the availability of funding, The Contractor agrees that if, for any reason approval for the hiring of replacement clerical shall whatsoever,the Contractor shall spend during the be a Contractor determination. Term for the purposes set forth in the Contract an amount less than, or receive amounts more than, provided in the Budget, the total cost of the o. No Limitation On Rights Contract shall be reduced to the net amount of actual Contractor expenditures made for such Notwithstanding anything in this Article V to the purposes. The total amount to be paid by the contrary,the County shall have available to it all County shall not exceed the lesser of(i)actual net rights and remedies under the Contract and at law expenditures or(ii)the total cost of the Contract on and equity. the cover page and in the Budget. Upon termination or expiration of the Contract, if the P. Comptroller's Rules and Regulations Contractor's total amount of allowable expenses is less than the total amount of the payments made The Contractor shall comply with the during the Term, the Contractor shall prepare a "Comptroller's Rules and Regulations for check payable to the Suffolk County Comptroller Consultant's Agreements" as promulgated by the for the difference between the two amounts and Department of Audit and Control of Suffolk submit such payment to the County,along with the County and any amendments thereto during the final Suffolk County Payment Voucher. Term of the Contract. The"Comptroller's Rules and Regulations for Consultant's Agreements"and k. Travel, Conference, and Meeting Attendance: "SOP A-07 Amendment 1"may be viewed online SOP A-07 Amendment 1 at the County' website,SuffolkCountyny.gov;go to "Government," then "Comptroller," then Reimbursement to the Contractor for travel costs "Consultant's Agreements." shall not exceed amounts allowed to County employees. All conferences that are partially or End of Text for Article V fully funded by the County that the Contractor's staff wishes to attend must be pre-approved, in writing,by the County and must be in compliance with Suffolk County Standard Operating Procedure A-07 which may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then "Comptroller," then "Consultant's Agreements." 1. Salaries The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all withholding and payroll taxes to the Federal/State governments has been provided to the County. m. Salary Increases No salary, wage, or other compensation for the Services shall be increased over the amount stated in the Budget without the prior written approval of the County. n. Contractor Vacancies The County shall have the right of prior approval of the Contractor's filling of any vacant position as of the date of execution of the Contract or as may thereafter become vacant, and, in the exercise of that right.The County may promulgate reasonable 39 of 40 pages ARTICLE V Rev. 1/10/2025; Law No.25-AG- IFMS No. 00000015541 Southold CSE Home Maintenance/Repair 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant Article VI Budget Town of Southold CSE Home Maintenance/Repair Program January 1, 2025 - December 31, 2025 PERSONNEL $27,989 Residential Repair Workers .26,000 Fringe 1,989 OTHER $3,646 Gas & Oil 2,800 Supplies/Small tools 846 TOTAL 3�31.635 Less Anticipated Income ($2,500) NET REIMBURSEMENT 2�9,135 40 of 40 pages ARTICLE VI RESOLUTION 2025-457 ADOPTED DOC ID: 21389 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-457 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 10, 2025: RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski, Jr. to execute the Home Maintenance/Repair Program Agreement between the County of Suffolk Office for the Aging and the Town of Southold, for the period January 1, 2025 through December 31, 2025, with an option, to be exercised at the County*s discretion, to June 30, 2026, on the same terms and conditions herein; to provide the elderly in need with the required labor for minor repairs and renovation assistance to remediate or upgrade substandard, unsuitable or unsafe housing, including; but not limited to handicapped accessible and crime prevention modifications, as identified in Contract IFMS No. 00000015541; 001- 6777/JKD1-4980-95285, with service levels as indicated, with a maximum reimbursement to the Contractor from the County not to exceed $29,135.00, at no cost to the Town, subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilperson SECONDER:Brian 0. Mealy, Councilperson AYES: Mealy, Smith, Doherty, Evans, Doroski, Krupski Jr COVER SHEET FOR DOCUMENTS ��a� +v �..o =!"�sue+.. SENT TO: 0 (1)n �� 2 3 20�5 Sent By: TOWN ATTORNEY, PAUL M. DECHANCE �}���,� Ie�-k DEPUTY T/A, JACK SQUICCIARINI ASSISTANTT/A, JULIE M. MCGIVNEY ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER Type of Agree me nt :Lhiq-b-k Nature of Contract/Agreement