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
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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-
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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
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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
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Article VI
Budget
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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.
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4. Administration
Overall administration of this program will be the responsibility of the Contractor. The Contractor or its
designee will ensure proper implementation and direction of the service, act as liaison between the
Department and the actual recipients of service,and ensure accuracy and timeliness of submission of all
reporting forms and expenditures.
5. Contractor's Staff
a. The Contractor shall employ adequate numbers of qualified staff,which may include volunteers,
and supervisory personnel to meet all the specifications and responsibilities of the program in an
orderly, punctual and reliable manner. All meetings and trainings required by the County are to
be attended by the appropriate staff. The Contractor will have on file with the Department the
procedures to be followed by workers and other staff in case of emergency.
b. The Department has the right to review and approve Contractor's staff applicable to the Program.
C. The provisions of this paragraph are in addition to the provisions of Article V, paragraph 10,
subparagraph n.
6. Coordination
The Contractor shall coordinate the delivery of services with other providers and organizations to
provide the most suitable outcomes and minimize duplication of effort. In order to accomplish this,the
Contractor will undertake activities such as, but not limited to, participation in inter-agency meetings,
coordination of referrals and follow-ups with other local service providers, entering into agreements
with other organizations for joint efforts and/or funding, centralized assessment, and maintaining up-to-
date resource materials both within and outside the Contractor's organization.
7. Targeting and Outreach
a. The Contractor, to the extent it has discretion regarding to whom it will provide services, must
give preference to providing services to those unserved and underserved older adults in greatest
social or economic need particularly those older adults who are: low-income, low-income
minorities, individuals with limited English proficiency, rural residents,Native Americans,
institutionalized or those at risk for institutionalization, individuals with Alzheimer's and related
disorders; individuals with disabilities, caregivers of individuals with Alzheimer's related
disorders and individuals with disabilities,minorities, frail, vulnerable, LGBT and homebound,
in accordance with their need for such services and to meet the specific objectives established by-
the Department within the PSA (Older Americans Act ("OAA") §305 (a)(2)(E)). The term
"greatest economic need"is defined as the need resulting from an income at or below the poverty
levels as established annually by the U.S. Office of Management and Budget. The term "greatest
social need" refers to the need caused by non-economic factors, which include physical and
mental disabilities, language barriers and cultural, social or geographical isolation including
isolation caused by racial or ethnic status that restricts an individual's ability to perform normal
daily tasks or threatens the capacity of the individual to live independently (OAA §102 (23 and
24)).
b. The Contractor agrees to concentrate the services on older adults in the targeted populations
identified by the Department following the methods the Department has established for
complying with the targeting requirements under the OAA and the Equal Access and Targeting
Policy issued by the New York State ("NYS") Office for the Aging. Consistent with the OAA
and NYS applicable regulations, including the following laws: the Older Americans Act (OAA),
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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;
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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
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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.
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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.
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12. Promotions and Advertisements
a. It is the responsibility of the Contractor to provide publicity for the program and to have an
identifying logo in equal sized lettering on any printed materials and on all brochures, flyers, and
advertisements (including without limitation television graphics), and on Program vehicles, as
follows:
Funded by the
New York State Office for the Aging
and the
Suffolk County Office for the Aging
b. Any announcements of the Program on radio or television must identify funding in the same
manner.
C. The provisions of this paragraph supersede the provisions of paragraph 20 of Article III.
13. Contributions
a. The Contractor may not impose a means test of eligibility. No income or asset information may
be used to determine eligibility for service notwithstanding any other provisions of this Contract.
Any Suffolk resident sixty (60) years of age or older is eligible to receive this service.
b. The Contractor has the obligation to inform each recipient of the service, of the opportunity to
make a completely voluntary and anonymous contribution toward the cost of the service.
Service may not be denied, however, if a person is unable or unwilling to make a contribution.
An audit trail of all.incoming contributions received must be reported monthly. All contributions
are used to expand the service. The letter sent to each recipient annually informing him/her of
these facts must include the sources of funding for the program and must include the following
information:
Contributions to this (these) service(s) are completely voluntary and anonymous. Service
will not be denied if you are unable or unwilling to contribute. Any contribution you wish to
make will be used to expand the program and will be greatly appreciated.
C. Individuals with self-declared incomes at or above one-hundred eighty-five percent (185%) of
the federal poverty line will be encouraged to contribute at levels based on the actual cost of
services.
14. Participant Comments & Satisfaction Surveys
Pursuant to the NYS Office for the Aging Regulations Section 6654.8, the Contractor shall develop and
implement procedures to obtain the views of program participants about the services they receive.
Copies of records of such views shall be maintained for at least seven (7) program years and shall be
available to the Department for inspection upon request. Such method shall respect the client's right to
confidentiality. In any event, at the conclusion of the service, but not less often than annually,the
Contractor shall send each recipient an evaluation letter and survey in the form approved by the
Department, informing him/her of the sources of funding for the program and including the following
information:
Contributions are welcomed and are used to expand this service.
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15. Monitoring
a. Financial Transactions
The Department's staff and staff of the New York State Office for the Aging may examine or
review evidence regarding the existence,timing and classification of financial transactions that
are charged to the program for reimbursement. To obtain this evidence, such staff may examine
documentary evidence, including financial statements, financial reports, etc., and original
records. Such staff may make physical verification by actually observing or counting certain
assets (e.g., cash, equipment and supplies) to establish their physical existence. ,
b. Program
Subject to the limitations of client confidentiality, the contractor agrees to permit the
Department's staff and staff of the New York Office for the Aging to review program records and
to monitor training, supervision and services at any time.
16. Grievance Procedures
In accordance with §306 (a) (10) of the Older Americans Act, as amended(OAA),the Department has
established a process for resolving complaints from older persons who are dissatisfied with or denied
services funded. The Contractor shall comply with the requirements of the Grievance Procedures as set forth
in Article IA- Grievance Procedures.
17. 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.
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ARTICLE I
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Contractor's Proposal and
Response for Targeting and Equal Access
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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.
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Article IA.
Grievance Procedures
I. Purpose
A. In accordance with § 306(a)(10) of the Older Americans Act, as amended (OAA),
Suffolk County Office for the Aging has established the following process for resolving the complaints
from older persons who are dissatisfied with or denied services.
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.
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3) The grievance should be filed on the enclosed form, which shall include a written statement
setting forth in detail the date, time, and circumstances that are the basis of the complaint.
B. Investigation and Response to Grievance
1) The designated reviewer who performs the initial review shall investigate the grievance. If
appropriate,this may include meeting with the grievant and/or other persons involved in the
action(s) complained of or in the denial of services. The reviewer shall review all pertinent facts
and/or documents, and shall determine whether the complained-of agency action or
determination was consistent with applicable federal and State laws,regulations, and policies.
2) The designated reviewer shall prepare and send a written response to the grievant within fifteen
(15) days after the grievance is 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.
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3) If policies and procedures have been adhered to,the Suffolk County Office for the Aging
Director will not overturn the decision of its subcontractor agency. If proper policies and
procedures have not been applied, the Suffolk County Office for the Aging reserves the right to
overturn the decision. The subsequent review shall be completed within forty-five (45) days of
receipt of the request by the grievant and the grievant will be promptly notified in writing of the
result of the subsequent review.
IV. Recordkeepin
The service provider agency which is handling the grievance shall keep a file, for seven (7)years,
of all relevant documents and records. This shall include at a minimum: the initial grievance; any
investigative reports; any written response submitted by the Suffolk County Office for the Aging or
service provider agency; any documents or other records submitted by any party; the written Initial
Response of the agency; and, if applicable,the notice to the grievant of the right to appeal.
V. Confidentiality
No information, documents, or records relating to a grievance shall be disclosed by program staff or
volunteers in a form capable of identifying the grievant without the written informed consent of the
grievant unless the disclosure is required by court order or program monitoring by authorized agencies.
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COMPLAINT LETTER FORM
Service Provider
Letterhead
Instructions
Please complete both sides of this form. If assistance is needed in completing this form,you may contact
(Name and phone). Completed forms should be sent to:
Service Provider contact person and address
This form must be filed within (30) calendar days of the event or action
complained of unless you are granted an extension for good cause.
I am requesting a review of the following grievance:
I was denied service.
I am not satisfied with the quality of service or an activity provided by
your agency or by your service provider.
I have the following grievance (briefly describe):
Date/estimated date of the event or action complained of:
Please describe in details what happened or what your grievance is (if you need extra
space, use back side of this form):
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Please state, if you know, what relief you are seeking:
Signed:
Name (print):
Date:
Address:
Phone Number:
End of Text for Article I
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Article II 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.
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"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
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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
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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
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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.
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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):
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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
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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
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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
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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.
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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
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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
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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
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Article V form(s)required by County or the Suffolk County
General Fiscal Terms and Conditions Department of Audit and Control, shall be
furnished to the County pursuant to,and as limited
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
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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
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ARTICLE V
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(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
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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
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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,
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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
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ARTICLE V
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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
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�..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