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HomeMy WebLinkAboutSC Office for the Aging - AAA Transportation Program RESOLUTION 2025-409 ADOPTED DOC ID: 21346 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-409 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 28, 2025: RESOLVED,that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski, Jr. to execute the Southold AAA Transportation Program Agreement between the County of Suffolk Office for the Aging and the Town of Southold, for the period January 1, 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 for transportation services through the AAA Transportation Program for seniors in Southold Town, as identified in Contract IFMS no. 00000015891; 001-6806-4980-95294, with service levels as indicated, with a maximum reimbursement to the Contractor from the County not to exceed $10,020.00, at no cost to the Town, subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilperson SECONDER:Brian O. Mealy, Councilperson AYES: Mealy, Smith, Doherty, Evans, Doroski, Krupski Jr Rey 1/10/2025 Law No. �S- ;�6 D�d I)F'MS No. 00000015891 IAa Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Southold AAA Transportation Program This Contract ("the Contract") is between the County of Suffolk("the County"), a municipal corporation of the State of New York, acting through its duly constituted Office for the Aging ("the Department"), located at 100 Veterans Memorial Highway,P.O. Box 6100, Hauppauge,New York 11788-0099; and Town of Southold (Contractor), a municipal corporation of the State of New York,having an address at 53095 Main Road, P.O. Box 1179, Southold,New York 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 for an AAA Transportation Program '("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. Service Levels: 900 Units of Transportation Service 90 Elderly Served Total Cost of the Contract: Shall not exceed$10,020.00, to be paid as set forth in Articles V and VI, attached. Terms and Conditions: Shall be as set forth in Articles I through VI,attached hereto and made a part hereof. In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below. Town of Soiuthold County of Suffolk Albert J. Krupski� By: Supervisor Kevin B. Molloy Fed. Taxpayer ID#: 11-6001939 Chief Deputy Cou ty ecutive Date �/1 S`' Date 7�f ('• hereby certifies under penalties of pe 'ury th am an officer of Approved: O a c' �_ Department that I have read and I am familiar with"§A5-8 of By: Article V of the Suffolk County Code,and that Holly . Rhodes-Teague � p,� U>O(\O� Director, Of.'ice for the Aging meets all requirements to qualify for exemption Date thereunder. Name !C `�- y� Date, ,J Recommend" d: y Appro a a�tF,o�mvr�"L--j By. Michelle Belsky Christopher J. Clayton Food Servige.S r Suffolk County Attorney Date By: Jacquelin puti Assistant mAttorneyy Date jr 0088513 1 of 39 pages r/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 List of Articles Article I Description of Services 1. Conflicting Provisions 2. Goals of Program 3. General Program Terms and Conditions 4. Administration 5. Contractor's Staff 6. Coordination 7. Targeting and Outreach 8. Equal Access 9. Reporting Requirements 10. Incident Reporting 11. Confidentiality 12. Promotions and Advertisements 13. Contributions 14. Participant Comments and Satisfaction Surveys 15. Monitoring 16. Grievance Procedures 17. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013 18. Reporting of Key Performance Indicators Contractor's Narrative Article 1A Grievance Procedures I. Purpose II. Notifying Participants of Right to File Grievance III. Grievance Process IV. Recordkeeping V. Confidentiality 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 2 of 39 pages Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant-AAA Transportation 001-6806-4980-95294 f. Engineering Certificate. 2. Termination a. Thirty Days Termination b. Event of Default; Termination on Notice c. Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger;No Oral Changes 8. Set-Off Rights 9. Non-Discrimination in Services and Employment 10. Nonsectarian Declaration 11. Governing Law 12. No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor 18. No Intended Third Parry Beneficiaries 19. Certification as to Relationships 20. Publications 21. Copyrights and Patents a. Copyrights b. Patents 22. Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24. Certification Regarding Lobbying 25. Record Retention 26. Contract Agency Performance Measures and Reporting Requirements - Local Law No. 41-2013 27. Notice 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 3 of 39 pages Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 12. Safeguarding Personal Information of Minors 13. Contract Agency Performance Measures and Reporting Requirements 14. Suffolk County Local Laws Website Address 15. Suffolk County Code of Ethics 16.Notification of Cyber Security Breach Article V General Fiscal Terms and Conditions 1. General Payment Terms a. Presentation of Suffolk County Payment Voucher b. Voucher Documentation c. Payment by County d. Budget Modification e. Budget and/or Services Revisions f. Taxes g. Final Voucher 2. Subject to Appropriation of Funds 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures 4. Accounting Procedures 5. Audit of Financial Statements 6. Financial Statements and Audit Requirements 7. Furniture, Fixtures, Equipment, Materials, Supplies a. Purchases, Rentals or Leases Requiring Prior Approval b. Purchase Practices/Proprietary Interest of County c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Property in Contractor's Custody f. Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non-County Funded Activities e. Potential Revenue f. Payments Contingent upon State/Federal Funding g. Denial of Aid h. Budget i. Payment of Claims j. Payments Limited to Actual Net Expenditures k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 1. Salaries m. Salary Increases 4 of 39 pages c , ,Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 n. Contractor Vacancies o. No Limitation On Rights p. Comptroller's Rules and Regulations Article VI Budget 5 of 39 pages Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article I Description of Services Town of Southold AAA Transportation Program Whereas, the Contractor has been identified in the 2025 Suffolk County Adopted Budget under the funding as listed on page one (1) of the Contract to perform the Services for the Department; and Whereas, the AAA Transportation Program expands essential transportation activities for the elderly by providing assistance in meeting the transportation operating expenses related to serving the elderly, as required by the IIIC Nutrition Program for the Elderly or other similar programs; and Whereas, the enhancement of transportation services is considered to be in the best interest of the County and the elderly residents of Suffolk County and ensures the best possible outcome. Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Goals of the Program The Contractor shall provide the following transportation services: The Contractor may provide transportation other than to and from the nutrition sites on an as needed basis. This may include, but is not limited to, transportation to medical appointments, shopping, activities for socialization and other such activities scheduled as part of the Contractor's regular transportation program activities or by appointment. All transportation services shall be furnished using licensed drivers and insured and inspected vans and automobiles. 3. General Program Terms and Conditions In general, but without limitation, the Contractor shall be required to meet the criteria listed below: a. Have,and maintain throughout the term of this Contract,an existing agreement to provide a service or services for the elderly in Suffolk County. b. Have an owned or contract vehicle available for the Services, either through purchase agreement or lease agreement. 4. Administration a. Overall administration of this program will be the responsibility of the Contractor. The Contractor will ensure proper implementation and direction of the services, act as liaison between the Department and the actual service, and ensure accuracy and timeliness of submission of all reporting forms and expenditures. b. Program staff shall attend meetings and training as requested by the Department. 5. Contractor's Staff a. The Contractor agrees to employ adequate numbers of qualified staff and supervisory personnel to 6 of 39 pages AAA Transportation Southold ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 meet all the specifications and responsibilities of the program in an orderly, punctual and reliable manner and to assure the health, safety, and welfare of participants. A full-time manager/supervisor will direct and coordinate the-daily operations. All meetings and trainings required by the County are to be attended by the appropriate staff. The Contractor will have on file with the Department the procedures to be followed by workers and other staff in case of emergency. b. The County shall have the right to prior approval of the filling of any AAA Transportation Coordinator and shall be advised by the Contractor of the duties and compensation of all personnel assigned to the AAA Transportation Program. C. The provisions of this paragraph five (5) are in addition to the provisions of Article V, paragraph ten(10), subparagraph n. 6. Coordination The Contractor must coordinate the delivery of services with other providers and organizations to provide the most suitable outcomes and minimize duplication of effort. In order to accomplish this,the Contractor will undertake activities such as, but not limited to, participation in inter-agency meetings, coordination of referrals and follow-ups with other local service providers, entering into agreements with other organizations for joint efforts and/or funding, centralized assessment and maintaining up-to-date resource materials both within and outside the Contractor's organization. 7. Targeting and Outreach a. The Contractor, to the extent it has discretion regarding to whom it will provide services, must give preference to providing services to those unserved and underserved older adults in greatest social or economic need, particularly those who are low-income, low-income minorities, older adults with limited English proficiency,Native Americans, and frail/persons with disabilities and older adults residing in rural areas in accordance with their need for such services, and to meet specific objectives established by the Department for providing services to the above groups within the PSA Older Americans Act ("OAA" §305 (a)(2)(E)). The term "greatest economic need" is defined as the need resulting from an income at or below the poverty levels as established annually by the U.S. Office of Management and Budget. The term "greatest social need" refers to the need caused by non-economic factors which include physical and mental disabilities, language barriers and cultural, social or geographical isolation including isolation caused by racial or ethnic status that restricts an individual's ability to perform normal daily tasks or threatens the capacity of the individual to live independently (OAA §102 (23 and 24)). b. The Contractor agrees to concentrate the services on older adults in the targeted populations identified by the Department following the methods the Department has established for complying with the targeting requirements under the OAA and the Equal Access and Targeting Policy issued by the New York State ("NYS") Office for the Aging. Consistent with the OAA and NYS applicable regulations, including the following laws: the Older Americans Act (OAA), Title III of the Code of Federal Regulations, 45 CFR 1321;the NYS Elder Law and relevant NYS regulations (Title 9, Subtitle Y of the New York State Code of Rules and Regulations); the Contractor's targeting goal is to substantially increase the numbers of older adults from targeted population groups (minority, low-income, frail, vulnerable). C. The following target groups have been identified as having the greatest economic and social needs: minority, low-income, frail and vulnerable. 7 of 39 pages AAA Transportation Southold ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 'Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 i. Minority-persons of Black,Hispanic,Asian,Native American(American Indian),Alaska Native, Native Hawaiian or Other Pacific Islander origins. Persons whose origins are of Two (2) or More Races or who are identified as being in a racial category different from those above (other than white) may be included (see the Other Race or Two (2) or More Races categories, defined below). , . a) Black - refers to a person who has origins in any of the Black racial groups of Africa. This includes, for example, persons who self-report as Black, African American, Kenyan,Nigerian, Haitian or other applicable identification. b) Hispanic (or Latino) - refers to a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race. Hispanic origin can be viewed as the heritage,nationality group, lineage, or country of birth of the person or the person's parents or ancestors before their arrival in the United States. People who identify their origin as Hispanic,Latino,or Spanish may be any race. c) Asian - refers to a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. d) American Indian or Alaska Native - refers to a person having origins in any of the original peoples of North and South America(including Central America) and who maintains tribal affiliation or community attachment. This category includes people who indicated their race(s) as "American Indian or Alaska Native" or reported their enrolled or principal tribe, such as Navajo, Blackfeet, Inupiat, Yup'ik, and/or Central American or South American Indian groups. e) Native Hawaiian or Other Pacific Islander-refers to a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. f) Other Race or Two (2) or More Races - this category includes persons who self- identify as multiracial, mixed, interracial, or a racial category other than white, not included in the descriptions above. ii. Low—Income - Persons with incomes at or below 150% of the poverty level. iii. Frail—Persons with one (1) or more functional deficits in the following areas: a) Physical functions; b) Mental functions; c) Activities of daily living (eating,bed/chair transfer, dressing, bathing, toiletry and continence); and/or, d) Instrumental activities of daily living (meal preparation, housekeeping, shopping, medications, telephone, travel, and money management). Disabled—Any person who has a physical or mental impairment which substantially limits one (1) or more major life activities, has°a record of such impairment, or is regarded as having such impairment. This includes alcoholism and drug addiction. iv. 'Vulnerable — Persons with a deficit of social resources, those who are isolated socially, linguistically or geographically, and/or those affected by other environmental conditions including the following: 8 of 39 pages AAA Transportation Southold ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 a) Language barriers; Limited English Proficiency - Individuals who do not speak English as their primary language and who have a limited ability to read, write, speak,or understand English may be limited English proficient,and may be eligible to receive language assistance with respect to a particular type of service, benefit, or encounter; b) Rural residence; c) Persons with disabilities; d) Institutionalized or at.risk of institutionalization; e) Lesbian, gay, bisexual, transgender (LGBT) older adults; f) Low literacy; g) Older adult caregivers of children with developmental disabilities, mental illness, or other disabilities requiring a caretaker (e.g., traumatic brain injury); h) Homebound; and, i) Alzheimer's or other Dementia. d. In order to comply with Targeting requirements, the Contractor must employ Outreach Strategies which may include, but are not limited to, locating target populations using Census or other resource data, translated printed materials, location of services in catchment areas for targeted populations,publicity to community-based groups, and minority staff/volunteers. 8. Equal Access a. The Contractor shall comply with requirements for equal access including language accessibility, nondiscrimination and concentration of services on target populations. b. The Contractor shall provide maximum accessibility to those older adults in greatest economic or social need, and new sites shall be free from architectural barriers that limit participation of disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1) and Section 504 of the Rehabilitation Act of 1973). Accessibility requirements include provision of services and assistive devices(including assistive technology services and devices) designed to meet the unique needs of older individuals who are disabled, and of older individuals who provide uncompensated care to their adult children with disabilities. Providers must ensure that communications with individuals with disabilities are as effective as communications with others(ADA,28 CFR 35.160- 35.164). For example, auxiliary aids and services may include: • For individuals who are deaf or hard of hearing: qualified interpreters, note takers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDDs), videotext displays, and exchange of written notes. • For individuals with vision impairments: qualified readers, taped texts, audio recordings, Brailed materials, large print materials, and assistance in locating items. • For individuals with speech impairments: TDDs, computer terminals, speech synthesizers, and communication boards. C. Additionally, consistent with the Civil Rights Act of 1964, Title VI, the Title VI regulations, federal Executive Order 13166, and the NYS Human Rights Law, all subcontractors are required by law to take reasonable steps to provide meaningful access to limited English proficient persons. 9 of 39 pages AAA Transportation Southold ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 All aging services providers are obligated to provide reasonable,timely, and appropriate language assistance to the limited English proficiency (LEP)populations each serves. Mandated Action: The Contractor shall,at a minimum,maintain a telephonic interpretation service contract or similar community arrangement with a language interpretation services provider of their choice no later than ninety(90)days after the effective date of this contract. The Contractor's staff for this program with public contact must be aware of,and trained in the timely and appropriate use of,these language services. The Contractor shall also ensure that LEP persons are informed of the availability of language assistance, free of charge, by providing written notice in languages LEP persons will understand at service locations. 9. Reporting Requirements a. Monthly Reports Monthly reports must be submitted to the Department on a form prescribed by the Department. Monthly reports are due to the Department by the eighth (8th) day of the month following the month being reported. These reports shall contain, at a minimum, the following categories of information: i. Units of service: one (1) unit is equal to each(1) one-way trip per person. ii. The number of individuals who have received transportation by the Contractor under this Transportation Program Contract. iii. A monthly activity schedule showing the specific transportation services the Contractor will make available to the congregate participants that require transportation. iv. Mileage recordings. b. Electronic Reporting i. The Contractor shall maintain electronic records on all program participants using the most currently approved form provided by the Department and compliant with State and Federal reporting requirements. Data for all participants must be updated monthly. ii. In order to comply with electronic reporting requirements,the Contractor must have adequate computer equipment and software available to support the approved form. iii. Transportation units and unduplicated number of persons served must be entered electronically in Peer Place or in subsequent County approved computer systems. All participant data must be entered completely by the eighth (8th) of each month for the previous months' data. 10. Incident Reporting The Contractor will report at least verbally to the Department,within twenty-four(24)hours any incidents involving all instances of claims,costs,damages,and injuries to persons or property of whatsoever kind arising out of services provided under this Contract. A written follow-up of such incidents shall be sent to the Department within five (5) days of the occurrence. The Contractor further agrees to send the Department copies of all "notices of claim"relating to the program covered in this Contract. 11. Confidentiality a. The Contractor agrees that no personal information obtained from an individual in conjunction with this program shall be disclosed in a form in which it is identified with the individual without such individual's written consent to such disclosure, except to the Department. 10 of 39 pages AAA Transportation Southold ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 b. In the case of a request by the Department for names and addresses of individuals participating in the program,the Contractor shall furnish such information as requested. Failure to comply with a request by the*Department for such information shall be deemed a material breach of this Contract and shall result in a freeze on all monies due and owing to the Contractor until compliance by the Contractor. 12. Promotions and Advertisements a. Any references to transportation services provided under this Contract must include due recognition to New York State Office for the Aging. The Contractor must include the express acknowledgement as follows: "This service has been provided with financial assistance, in whole or in part through a grant from the New York State Office for the Aging." b. The provisions of this paragraph shall prevail over any conflicting provisions of Article III, paragraph 20. 13. Contributions The Contractor agrees to inform each recipient of the service of the opportunity to make a completely voluntary and anonymous contribution toward the cost of the service. Service may not be denied, however,if a person is unable or unwilling to make a contribution. The Contractor must maintain an audit trail of all incoming contributions and make monthly reports of any contributions received. Monthly contributions will be deducted from monthly expenditures to arrive at net reimbursement. All contributions must be used to enhance services. All printed materials used for the program must include the sources of funding for the program and must include the following information: Contributions to this (these) service(s) are completely voluntary and anonymous. Services will not be denied because of inability or unwillingness to contribute. Any contribution you wish to make will be used to expand the program and will be greatly appreciated. 14. Participant Comments & Satisfaction Surveys Pursuant to the NYS Office for the Aging Regulations Section 6654.8. the Contractor shall develop and implement procedures to obtain the views of program participants about the services they receive. Copies of records of such views shall be maintained for at least five (5) program years and shall be available to the Department for inspection upon request. Such method shall respect the client's right to confidentiality. In any event, at the conclusion of the service, but not less often than annually, the Contractor shall send each recipient an evaluation letter and survey in the form approved by the Department, informing him/her of the sources of funding for the program and including the following information: Contributions are welcomed and are used to expand this service. 15. Monitoring a. Program The Contractor agrees to permit the Department's staff and staff of the New York State Office for the Aging to review programmatic records at any time. b. Fiscal As required, the Department's fiscal staff may examine or review evidence regarding the existence, time and classification of financial transactions,which are charged to the program for reimbursement. To obtain this evidence, the fiscal staff will examine documentary evidence including financial verification by actually observing or counting certain assets (e.g. case, food inventory, equipment and 11 of 39 pages AAA Transportation Southold ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 supplies)to establish their physical existence. 16. Grievance Procedures In accordance with §306 (a) (10) of the Older Americans Act, as amended (OAA), the Department has established a process for resolving complaints from older persons who are dissatisfied with or denied services funded under Title III of the Act. The Contractor shall comply with the requirements of the Grievance Procedures as set forth in Article IA. 17. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013 a. If payment under this Contract may exceed$50,000, it is subject to the requirements of Suffolk County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of Chapter 189 of the Suffolk County Code)as set forth in Article IV of this Contract entitled"Suffolk County Legislative Requirements." b. The Contractor shall cooperate with the Department in all aspects necessary to carry out the requirements of Local Law No. 41-2013. 18. 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 ("KPIs") 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. End of Text for Article I 12 of 39 pages AAA Transportation Southold ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Contractor's Proposal & Response for Equal Access & Targeting AAA Transportation 13 of 39 pages ARTICLE I Nutrition Program JACQUELINE MARTINEZ �� R'�® Home Delivered Meals Senior Citizens Program ® Case Management Director �� Essential Transportation Town of Southold Shopping Assistance " 750 Pacific Street Program `y k� P.O.Box 85 Senior Adult Day Care Mattituck,NY 11952 �31� �® Katinka House i Tel.(631)298-4460 qu Telephone Reassurance Fax(631)298-4462 Residential Repair Town of Southold AAA Transportation Services Program Narrative 1/1/25 — 12/31/25 Southold Town Senior Services provides both regular route and demand responsive transportation services to senior residents of Southold Town. Given the rural nature of our area coupled with the lack of other reliable, efficient and affordable transportation alternatives, seniors are often isolated and unable to access services vital to their continued independence,health and well-being. Southold Town Senior Services is proposing to continue our current program for demand responsive transportation services for both medical escort assistance and other essential services. For the l/l/24—12/31/24 program year, Southold Town Senior Services provided 849 one-way passenger trips for senior consumers. We provide medical transportation within the Townships of Southold and Riverhead. Typically, appointments are scheduled months in advance on a first come first serve basis. We do request that seniors not exceed 3 visits per month so that there is sufficient availability for all seniors requesting the service. AAA Transportation funding will be applied to cover a designated portion of our overall service. The Senior Citizens Program Director will oversee the implementation of the program and program staff. The Senior Citizens Bus Supervisor will be responsible for all scheduling and direct supervision of transportation staff. Equal Access to Services and Targeting Playa: The population of aged 60+residents in Southold Town is approximately 32.23% according to 2010 census data.Targeting and expanded outreach efforts will continue to be a major priority for the upcoming year. In following guidelines set forth under the Older Americans Act, Southold Town Senior Services continues our commitment to our goal of providing transportation services to underserved and/or minority elderly residents. According to the 2010 U.S. Census, 3.47% of the elderly residents in Southold Town are minority. Our percentage of minority seniors served was 7.2%,which was well above our targeted goal of 3.47%. For the l/l/24— 12/31/24 program year our unduplicated transportation service was provided to 58 seniors. For the l/l/25— 12/31/25"program year, our goal is to serve 900 units of service to 90 unduplicated seniors. Southold Town Senior Services will ensure access for services to the four target groups which have the greatest economic and social needs. These groups include minorities, low income, frail and vulnerable persons aged 60 and older. Targeted groups for improved service will also include those with Limited English Proficiency (LEP), lesbian, gay,bisexual, and,transgender(LGBTQ+) older adults.Ensuring equal access to languages services for all is a high priority and is achieved through a contract with Geneva Worldwide Language Services. Staff is aware of and trained in the timely and appropriate use of these language services. As a contractor with SCOFA, we will fully comply with requirements of both the Equal Access to Services and Targeting Policy (12-PI 08) and the Telephonic Interpretation h • . Policy (12-IM-03)to meet our goal of increasing access to the most vulnerable elderly, particularly those with limited English proficiency. Access is also provided by other Town offices as Southold Town entered into a supplemental contract for language interpretation services called Language Line Solutions in May 2022.Staff will ensure that those with limited English proficiency (LEP) are informed of the availability of FREE language interpretation assistance by providing written notice in languages the LEP person will understand at service locations. In addition,signs are posted at the entrance of our senior center that highlight this free service available to all seniors. Information is also posted on the Town's website informing Southold residents, community service organizations and local churches that free language assistance is available. We have increased visibility and expanded access to our services through existing print outreach, i.e. brochures,newspapers, senior center menus and activity calendars. In addition,we are featured in Eastern Long Island Hospital's Seniors Options and Solutions Program newsletter which enjoys town wide distribution. The website for Town of Southold www.southoldtom=.g_ov is a great resource and all activities, program announcements and updates are posted weekly. Important links for programs and services and related forms can be easily accessed. Our working relationships with Long Island Cares as a satellite food distribution site and North Fork Parish outreach continue.These agencies are also very involved with frail, low income and low-income minority elderly. Lastly, local physicians' offices have been instrumental in providing valuable outreach on our services through referrals and direct scheduling with our office. Southold Town Senior Services is partnered with Family Service League of Suffolk County NORC Program. The goal of the NORC, LI Sound Senior Care, is to improve the quality of life for geographically isolated seniors in Greenport West and Greenport Village. Our continued partnership provides us with greater collaboration opportunities and direct access to the low-income minority elderly in this geographic area. In 2011, we initiated a working relationship with the SAGE organization to increase a shared awareness of available activities and services to the LGBT community and we continue to provide our senior community with their current information and outreach events.These connections continue. In 2015, Southold Town Senior Services began our partnership with the Nassau-Suffolk Hospital Council and became a host site for the Consumer Assistance for the Aged, Certified Blind and Certified Disabled Program. This partnership continues as an Application Assistance Navigator is on site one day monthly to help qualified individuals apply for health insurance coverage specific to their needs. In addition, seniors with disabilities will continue to be provided referral and/or access to various services by Southold Town and ABD staff.These services include answering ADA compliance questions/complaints and assistance in applying for SCAT or other medical transportation services. Additional Outreach efforts include: ® Program highlighted in the Town-wide newsletter and quarterly recreation bulletin that is mailed to all households, brochures distributed in town to pharmacies, medical offices, physical therapy offices and libraries. o Referrals from Caseworkers for the Home Delivered Meal participants • Information provided to local service agencies, community health care providers and hospitals. • Word of mouth from satisfied seniors. • Featured in the Suffolk Times in articles, columns and editorials. • Church Bulletins. • Continue to be featured on Southold Town Government Cablevision Channel 22. • Announcements at the local senior meetings and monthly caregivers' group. • In contract with WLNG Radio to provide frequent and regular Public Service Announcements on senior programs offered. • Outreach efforts will include staffed informational tables at hamlet post offices and grocery stores to reach more seniors. • Continue to work with Southold Police Department in identifying and referring isolated, frail and vulnerable seniors at risk to our services. • Community speaking engagements to local civic groups, churches and community organizations. • Co-location of NORC Program at the Senior Center's Community Outreach Office along with other community agencies. Please note, satisfaction surveys are completed annually, and all participants are provided an opportunity to make a voluntary and anonymous contribution. Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article 1A Grievance Procedures I. Purpose A. In accordance with § 306(a)(10) of the Older Americans Act, as amended (OAA),_Suffolk County Office for the Aging has established the following process for resolving the complaints from older persons who are dissatisfied with or denied services. II. Notifying Participants of Right to File Grievance A. The Contractor shall notify participants and applicants of their right to file a grievance, as follows: 1) A summary of the procedures, including a statement that assistance to file shall be provided to older persons, must be prominently posted at service delivery sites or offices at which participants and service applicants apply for services. Summaries shall also be written in languages other than English where needed to serve the client/applicant population. 2) In-home services participants shall be informed of the grievance procedures through written and verbal statements provided to them upon assessment and/or reassessment for services. B. Denial of Service. Any participant or applicant who is denied services must be given the reasons for the denial. For housekeeping,homemaker,home delivered meals,case management,and other services for which written applications are made, the denial shall be confirmed in writing and the applicant informed of the right to file a grievance and of the individual to whom the grievance shall be addressed. For congregate meals,transportation,recreation, and other services which are applied for by telephone or verbally in person,the client may be told of the right to file a grievance verbally. III. Grievance Process A. Filing of Grievance 1) Participants must submit their grievances in writing to the person(s)that has been designated by a service provider to conduct the initial review. The reviewer may be the director of the service provider agency, or any other person designated by such director who is not familiar with or otherwise involved in the particular grievance. 2) The grievance should be filled within thirty (30) days of denial, reduction, or termination of services, or of the event or circumstance with which the participant is dissatisfied. The service provider may grant an extension for good cause shown. 14 of 39 pages ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 3) The grievance should be filed on the enclosed form,which shall include a written statement setting forth in detail the date,time, and circumstances that are the basis of the complaint. B. Investigation and Response to Grievance 1) The designated reviewer who performs the initial review shall investigate the grievance. If appropriate, this may include meeting with the grievant and/or other persons involved in the action(s) complained of or in the denial of services. The reviewer shall review all pertinent facts and/or documents, and shall determine whether the complained-of agency action or determination was consistent with applicable federal and State laws, regulations, and policies. 2) The designated reviewer shall prepare and send a written response to the grievant within fifteen (15) days after the grievance is filled. The response shall set forth the circumstances relating to the grievance, the action requested by the grievant, the findings of the reviewer, a proposed remedial action, if any, and an explanation of the determination, including the facts relied upon. A copy of its decision must be forwarded to the Director of the Suffolk County Office for the Aging. 3) The designated reviewer shall create and maintain a Complaint File consisting of the grievance form, all documents and /or information relied upon in making a determination, and the written response described above. C. Appeal of Initial Response/Decision. If the complaint has been handled by a service provider agency under subcontract to the Suffolk County Office for the Aging and the grievant is not satisfied with the determination reached by such service provider, the grievant has the right to further review as follows: 1) The grievant may initiate a request for subsequent review by the Suffolk County Office for the Aging Director, P.O. Box 6100, Hauppauge, New York 11788-0099 within twenty (20) calendar days following receipt of notification by the service provider agency of its decision. 2) The Suffolk County Office for the Aging Director shall request,and the subcontractor agency shall provide, copies of the Complaint File. The Suffolk County Office for the Aging Director will review the materials to ensure that pertinent policies and procedures have been applied and followed. If appropriate,the Suffolk County Office for the Aging Director or his/her designee will meet with the grievant to allow for an opportunity to present information about the grievance. 3) If policies and procedures have been adhered to, the Suffolk County Office for the Aging's Director will not overturn the decision of its subcontractor agency. If proper policies and procedures have not been applied, the Suffolk County Office for the Aging reserves the right to 15 of 39 pages ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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. Recordkeeping The service provider agency which is handling the grievance shall keep a file, for seven (7) years, of all relevant documents and records. This shall include at a minimum: the initial grievance; any investigative reports;any written response submitted by the Suffolk County Office for the Aging or service provider agency; any documents or other records submitted by any party; the written Initial Response of the agency; and, if applicable,the notice to the grievant of the right to appeal. V. Confidentiality No information, documents, or records relating to a grievance shall be disclosed by program staff or volunteers in a form capable of identifying the grievant without the written informed consent of the grievant unless the disclosure is required by court order or program monitoring by authorized agencies. 16 of 39 pages ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 R COMPLAINT LETTER FORM Service Provider Letterhead Instructions Please complete both sides of this form. If assistance is needed in completing this form,you may contact (Name and phone). Completed forms should be sent to: Service Provider contact person and address This form must be filed within (30) calendar days of the event or action complained of unless you are granted an extension for good cause. I am requesting a review of the following grievance: ❑ I was denied service. ❑ I am not satisfied with the quality of service or an activity provided by your agency or by your service provider. ❑ I have the following grievance (briefly describe): Date/estimated date.of the event or action complained of. Please describe in details what happened or what your grievance is (if you need extra space, use back side of this form): 17 of 39 pages ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA'Transportation 001-6806-4980-95294 Please state, if you know, what relief you are seeking: Signed: Name (print): Date: Address: Phone Number: End of Article I 18 of 39 pages ARTICLE I Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article II d. the Contractor's failure to comply with any Definitions Federal,State or local law,rule,or regulation,and County policies or directives;or I. Meanings of Terms e. the Contractor's bankruptcy or insolvency;or As used herein: f. the Contractor's failure to cooperate in an Audit of "Audit of Financial Statements"means the examination by Financial Statements;or the Comptroller and any Federal or State auditing authority of the financial statements of the Contractor resulting in the g• the Contractor's falsification of records or reports, publication of an independent opinion on whether or not those misuse of funds,or malfeasance or nonfeasance in financial statements are relevant,accurate,complete,and fairly financial record keeping arising out of, or in presented. connection with,any contract with the County;or "Budget"means the Contractor's summary or plan of all h. the Contractor's failure to submit, or failure to intended revenue,whether received in the form of fees,grants,County timely submit,documentation to obtain Federal or funding,or any other source,and expenditures necessary to render the State funds;or Services. i. the inability of the County or the Contractor to "Budget Deficiency Plan" means an analysis of the cost of the obtain Federal or State funds due to any act or Services, changes in fiscal conditions, and required modifications to omission of the Contractor;or the Contract to continue to render the Services. j, any condition that the County determines, in its "Comptroller"means the Comptroller of the County of Suffolk. sole discretion,is dangerous. "Contract"means all terms and conditions of this Contract forming k. the failure to comply with Local Law 41-2013 and all rights and obligations of the Contractor and the County. related contractual requirements. "Contractor"means the signatory corporation, its officers,officials, "Federal"means the United States government, its departments, and employees, agents, servants, sub-contractors, volunteers, and any agencies. successor or assign of any one or more of the foregoing performing the Services. "Fringe Benefits"means non-wage benefits which accompany,or are in addition to, a person's salary, such as paid insurance, sick leave, "County"means the County of Suffolk,its departments,and agencies. profit-sharing plans,paid holidays,and vacations. "County Attorney" means the County Attorney of the County of "Fund Source" means any direct or indirect sum payable to the Suffolk. Contractor by the County pursuant to any lawful obligation. "Department" means the signatory department approving the "Legislature"means the Legislature of the County of Suffolk. Contract. "Management Letter" means a letter certified as true by the "Engineering Services" means the definition of the practice of Contractor's certified public accountant or chief financial officer of engineering and the definition of practice of land surveying,as the case findings and recommendations for improvements in internal fiscal may be,under Section 7201 and Section 7203 of the State Education control that were identified during an Audit of Financial Statements, Law,respectively. but which were not required to be included in an audit report. "Event of Default"means "Municipal Corporation"means a town,village,or school district. a. the Contractor's failure to perform any duty "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 III of the Contract;or in Article I"Description of Services." b. the Contractor's failure to maintain the amount "State"means the State of New York. and 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 and required by the Comptroller for release of payment. 19 of 39 pages ARTICLE II Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 "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 H 20 of 39 pages ARTICLE II t r Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article III Contractor's ability to render the Services, every General Terms and Conditions other term and provision of the Contract shall be valid and enforceable to the fullest extent 1. Contractor Responsibilities permitted by law. a. Duties and Obligations d. Documentation of Professional Standards i.) It shall be the duty of the Contractor to The Contractor shall maintain on file, in one location in discharge, or cause to be discharged, all of its Suffolk County, all records that demonstrate that it has responsibilities, and to administer funds received complied with sub-paragraphs (b) and (c) above. The in the interest of the County in accordance with the address of the location of the aforesaid records and provisions of the Contract. documents shall be provided to the County no later than the date of execution of the Contract. Such documentation shall ii.) The Contractor shall promptly take all be kept, maintained, and available for inspection by the action as may be necessary to render the Services. County upon twenty-four(24)hours notice. iii.) The Contractor shall not take any action e. Credentialing that is inconsistent with the provisions of the Contract. i.) In the event that the Department,or any division thereof,maintains a credentialing process iv.) Services provided under this Contract to qualify the Contractor to render the Services, shall be open to all residents of the County. the Contractor shall complete the required credentialing process. In the event that any State b. Qualifications, Licenses, and Professional credential, registration, certification or license, Standards Drug Enforcement Agency registration, or Medicare or Medicaid certification is restricted, The Contractor represents and warrants that it has,and shall suspended, or temporarily or permanently continuously possess, during the Term, the required revoked,it is the duty of the Contractor to contact licensing, education, knowledge, experience, and character the Department, or division thereof, as the case necessary to qualify it to render the Services. may be, in writing, no later than three (3) days after such restriction,suspension,or revocation. The Contractor shall continuously have during the Term all required authorizations, certificates, certifications, ii.) The Contractor shall forward to the registrations,licenses,permits,and other approvals required Department, or division thereof, as the case may by Federal, State, County, or local authorities necessary to be, on or before July 1 of each year during the qualify it to render the Services. Term, a complete list of the names and addresses of all persons providing the Services, as well as C. Notifications their respective areas of certification, credentialing,registration,and licensing. i.) The Contractor shall immediately notify the County, in writing, of any disciplinary f. Engineering Certificate proceedings, commenced or pending, with any authority relating to a license held by any person e In the event that the Contract requires any Engineering necessary to qualify him,her,or the Contractor to Services,the Contractor shall submit to the County,no later perform the Services. than the due date for submission for approval of any engineering work product, the Certificate of Authorization ii.) In the event that a person is no longer ("Certificate"), issued pursuant to § 7210 of the New York licensed to perform the Services, the Contractor Education Law,of every person performing any Engineering must immediately notify the County, but in no Services. The failure to file, submit, or maintain the event shall such notification be later than five(5) Certificate shall be grounds for rejection of any engineering days after a license holder has lost the license work product submitted for approval. required to qualify the license holder or the Contractor to perform the Services. 2. Termination iii.) In the event that the Contractor is not a. Thirty Days Termination able to perform the Services due to a loss of license,the Contractor shall not be reimbursed for The County shall have the right to terminate the Contract the Services rendered after the effective date of without cause,for any reason, at any time,upon such terms termination of such license. Without limiting the and conditions it deems appropriate,provided,however,that generality of the foregoing, if any part of the no such termination shall be effective unless the Contractor Contract remains to be performed, and the is given at least thirty(30)days'notice. termination of the license does not affect the 21 of 39 pages ARTICLE III Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 b. Event of Default;Termination on Notice liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and i.) The County may immediately terminate expenses arising out of any claim asserted for infringement the Contract, for cause, upon such terms and of copyright, including reimbursement of the cost of conditions it deems appropriate, in the Event of reasonable attorneys'fees incurred by the County,its agents, Default as defined in Article II. servants, officials, and employees in any action or proceeding arising out of or in connection with any claim ii.) If the Contractor defaults under any asserted for infringement of copyright. other provision of the Contract, the County may terminate the Contract, on not less than five (5) C. The Contractor shall defend the County,its agents, days' notice, upon such terms and conditions it servants, officials, and employees in any proceeding or deems appropriate. action, including appeals, arising out of, or in connection with, the Contract, and any copyright infringement C. Termination Notice proceeding or action.Alternatively,at the County's option, the County may defend any such proceeding or action and Any notice providing for termination shall be delivered as require the Contractor to pay reasonable attorneys' fees or provided for in paragraph 27 of this Article III. salary costs of County employees of the Department of Law for the defense of any such suit. d. Duties upon Termination 4. Insurance i.) The Contractor shall discontinue the Services as directed in the termination notice. a. The Contractor shall continuously maintain, during the Term of the Contract, insurance in amounts and ii.) Subject to any defenses available to it, types as follows: the County shall pay the Contractor for the Services rendered through the date of termination. i.) Commercial General Liability iii.) The County is released from any and all insurance, including contractual liability liability under the Contract,effective as of the date coverage,in an amount not less than Two Million of the termination notice. Dollars($2,000,000.00)per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) iv.) Upon termination, the Contractor shall per occurrence for property damage. The County reimburse the County the balance of any funds shall be named an additional insured. advanced to the Contractor by the County no later than thirty (30) days after termination of the ii.) Automobile Liability insurance (if any Contract. The provisions of this subparagraph non-owned or owned vehicles are used by the shall survive the expiration or termination of the Contractor in the performance of the Contract)in Contract. an amount not less than Five Hundred Thousand Dollars($500,000.00)per person,per accident,for V.) Nothing contained in this paragraph bodily injury and not less than One Hundred shall be construed as a limitation on the County's Thousand Dollars ($100,000.00) for property rights set forth in paragraphs 1(c)(iii)and 8 of this damage per occurrence. The County shall be Article III. named an additional insured. 3. Indemnification and Defense iii.) Workers' Compensation and Employer's Liability insurance, Disability a. The Contractor shall protect,indemnify,and hold Benefits insurance, including coverage for Paid harmless the County, its agents, servants, officials, and Family Leave Benefits in compliance with all employees from and against all liabilities, fines, penalties, applicable New York State laws and regulations actions,damages,claims,demands,judgments,losses,suits and Disability Benefits insurance, if required by or actions, costs, and expenses caused by the negligence or law. The Contractor shall furnish to the County, any acts or omissions of the Contractor, including prior to its execution of the Contract, the reimbursement of the cost of reasonable attorneys' fees documentation required by the State of New York incurred by the County, its agents, servants, officials, and Workers' Compensation Board of coverage or employees in any action or proceeding arising out of, or in exemption from coverage pursuant to §§57 and connection with,the Contract. 220 of the Workers' Compensation Law. In accordance with General Municipal Law§108,the b. The Contractor hereby represents and warrants Contract shall be void and of no effect unless the that it will not infringe upon any copyright in performing the Contractor shall provide and maintain coverage Services. The Contractor agrees that it shall protect, during the Term for the benefit of such employees indemnify, and hold harmless the County, its agents, as are required to be covered by the provisions of servants, officials, and employees from and against all the Workers' Compensation Law. 22 of 39 pages ARTICLE III Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 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 claims-made coverage basis. than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and b. The County may mandate an increase in the provision of the Contract shall be valid and shall be enforced liability limits set forth in the immediately preceding to the fullest 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 It is expressly agreed that the Contract represents the entire issued by insurance companies authorized to do business in agreement of the parties and that all previous understandings New 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 d. The Contractor shall furnish to the County,prior by both parties. to 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 provided pursuant to the Contract;or insurance policy. ii.) provide the Services to an individual that is different, or provided in a g. In the event the Contractor shall fail to provide different manner, from those provided evidence of insurance,the County may provide the insurance to others pursuant to the Contract;or required in such manner as the County deems appropriate iii.) subject an individual to segregation or and deduct the cost thereof from a Fund Source. separate treatment in any matter related to the individual's receipt of the h. If the Contractor is a Municipal Corporation and Services provided pursuant to the has a self-insurance program under which it acts as a self- Contract;or insurer for any of such required coverage, the Contractor iv.) restrict an individual in any way from shall provide proof,acceptable to the County,of self-funded any advantage or privilege enjoyed by coverage. others receiving the Services provided pursuant to the Contract;or 5. Independent Contractor v.) treat an individual differently from others in determining whether or not the The Contractor is not, and shall never be, considered an individual satisfies any eligibility or employee of the County for any purpose. Notwithstanding other requirements or conditions which anything contained in this Contract,the Contract shall not be individuals must meet in order to construed as creating a principal-agent relationship between receive the Services provided pursuant the County and the Contractor or the Contractor and the to the Contract;or County,as the case may be. vi.) discriminate against employees or applicants for employment. 6. Severability b. The Contractor shall not utilize criteria or methods It is expressly agreed that if any term or provision of this of administration which have the effect of subjecting 23 of 39 pages ARTICLE 1111 Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 individuals to discrimination because of their race, creed, and designated representatives, against any claim, demand color,national origin,sex,age,disability,sexual orientation, or 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 i.) the Services to be provided;or the Contractor and used in rendering the Services, shall remain the property of the County and shall be kept ii.) the class of individuals to whom,or the confidential in accordance with applicable laws, rules, and situations in which,the Services will be regulations. provided;or 16. Assignment and Subcontracting iii.) the class of individuals to be afforded an opportunity to receive the Services. a. The Contractor shall not delegate its duties under the Contract,or assign,transfer,convey,subcontract,sublet, 10. Nonsectarian Declaration or otherwise dispose of the Contract,or any of its right,title or interest therein, or its power to execute the Contract, or The Services performed under the Contract are secular in assign all or any portion of the moneys that may be due or nature. No funds received pursuant to the Contract shall be become due hereunder, (collectively referred to in this used for sectarian purposes or to further the advancement of paragraph 16 as"Assignment"),to any other person, entity any religion. The Services will be available to all eligible or thing without the prior written consent of the County,and individuals regardless of religious belief or affiliation. any attempt to do any of the foregoing without such consent shall be void ab initio. 11. Governing Law b. Such Assignment shall be subject to all of the The Contract shall be governed by, and construed in provisions of the Contract and to any other condition the accordance with,the laws of the State of New York,without County requires. No approval of any Assignment shall be regard to conflict of laws.Venue shall be designated in the construed as enlarging any obligation of the County under Supreme Court, Suffolk County,the United States District the terms and provisions of the Contract. No Assignment of Court for the Eastern District of New York, or, if the Contract or assumption by any person of any duty of the appropriate, a court of inferior jurisdiction in Suffolk Contractor under the Contract shall provide for,or otherwise 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 Such provision shall otherwise remain in full force and Transfer. For purposes of the Contract,a Permitted Transfer effect,notwithstanding any such failure or forbearance. means: 13. Conflicts of Interest i.) if the Contractor is a partnership, the withdrawal or change, whether The Contractor shall not, during the Term, pursue a course voluntary, involuntary or by operation of conduct which would cause a reasonable person to believe of law, of the partners, or transfer of that he or she is likely to be engaged in acts that create a partnership interests (other than the substantial conflict between its obligations under the purchase of partnership interests by Contract and its private interests. The Contractor is charged existing partners, by the partnership with the duty to disclose to the County the existence of any itself or the immediate family members such adverse interests, whether existing or potential. This by reason of gift,sale or devise),or the duty shall continue as long as the Term. The determination dissolution of the partnership without as to whether or when a conflict may potentially exist shall immediate reconstitution thereof,and ultimately be made by the County Attorney after full disclosure is obtained. ii.) if the Contractor is a closely held corporation (i.e. whose stock is not 14. Cooperation on Claims publicly held and not traded through an exchange or over the counter): The Contractor and the County shall render diligently to each other, without compensation, any and all cooperation 1. the dissolution, merger, that may be required to defend the other party,its employees consolidation or other 24 of 39 pages ARTICLE III Rev. 1/10/2025 Law No. IFMS No. 00000015891 -Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 reorganization of the Contractor;and e. Notwithstanding the County's consent, 2. the sale or other transfer of i.) the terms and conditions of the Contract twenty percent(20%)or more shall in no way be deemed to have been of the shares of the Contractor waived or modified;and (other than to existing shareholders, the corporation ii.) such consent shall not be deemed itself or the immediate family consent to any further transfers. members of shareholders by reason of gift,sale or devise). 18. No Intended Third Party Beneficiaries b. If the Contractor is a not-for-profit corporation, a The Contract is entered into solely for the benefit of the change of twenty percent (20%) or more of its shares or County and the Contractor. No third party shall be deemed members shall be deemed a Permitted Transfer. a beneficiary of the Contract and no third party shall have the right to make any claim or assert any right under the C. The Contractor shall notify the County in writing, 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 iv.) such information reasonably required by a municipal corporation or a government entity. the County, which will enable the County to determine the financial 20. Publications responsibility, character, and reputation of the proposed transferee,nature of the Any book, article,report,or other publication related to the proposed assignee/transferee's business Services provided pursuant to this Contract shall contain the and experience; following statement in clear and legible print: 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 Contractor;and 21. Copyrights and Patents vi.) such other information as the County a. Copyrights may reasonably require. Any and all materials generated by or on behalf of the d. The County agrees that any request for its consent Contractor while performing the Services (including, to a Permitted Transfer shall be granted, provided that the without limitation,designs,images,video,reports,analyses, transfer does not violate any provision of the Contract, and manuals, films,tests,tutorials, and any other work product the transferee has not been convicted of a criminal offense of any kind) and all intellectual property rights relating as described under Article II of Chanter 189 of the Suffolk thereto("Work Product")are and shall be the sole property County Code. The County shall grant or deny its consent to of the County. The Contractor hereby assigns to the County any request of a Permitted Transfer within twenty(20)days its entire right,title and interest,if any,to all Work Product, after delivery to the County of the Transfer Notice, in and agrees to do all acts and execute all documents, and to accordance with the provisions of Paragraph 27 of Article III use its best efforts to ensure that its employees,consultants, of the Contract. If the County shall not give written notice subcontractors, vendors and agents do all acts and execute to the Contractor denying its consent to such Permitted any documents, necessary to vest ownership in the County Transfer (and setting forth the basis for such denial in of any and all Work Product. The Contractor may not secure reasonable detail)within such twenty (20)-day period,then copyright protection. The County reserves to itself,and the the County shall be deemed to have granted its consent to Contractor hereby gives to the County, and to any other such Permitted Transfer. person designated by the County, consent to produce, 25 of 39 pages ARTICLE III Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 reproduce, publish, translate, display or otherwise use the Work Product. This paragraph shall survive any completion, 24. Certification Regarding Lobbying expiration or termination of this Contract. Together with this Contract and as a condition precedent to The County shall be deemed to be the author of all the Work its execution by the County, the Contractor shall have Product. The Contractor acknowledges that all Work executed and delivered to the County the Certification Product shall constitute"work made for hire"under the U.S. Regarding Lobbying (if payment under this Contract may copyright laws. To the extent that any Work Product does exceed $100,000) as required by Federal regulations, and not constitute a"work made for hire,"the Contractor hereby shall promptly advise the County of any material change in assigns to the County all right, title and interest, including any of the information reported on such Certification, and the right,title and interest to reproduce,edit, adapt,modify shall otherwise comply with, and shall assist the County in or otherwise use the Work Product,that the Contractor may complying with, said regulations as now in effect or as have or may hereafter acquire in the Work Product, amended during the term of this Contract. including all intellectual property rights therein, in any manner or medium throughout the world in perpetuity 25. Record Retention without compensation. This includes,but is not limited to, the right to reproduce and distribute the Work Product in The Contractor shall retain all accounts,books,records,and electronic or optical media, or in CD-ROM, on-line or other documents relevant to the Contract for seven(7)years similar format. after final payment is made by the County. Federal, State, and/or County auditors and any persons duly authorized by b. Patents the County shall have full access and the right to examine any of said materials during said period. Such access is If the Contractor develops, invents, designs or creates any granted notwithstanding any exemption from disclosure that idea, concept, code, processes or other work or materials may be claimed for those records which are subject to during the Term, or as a result of any Services performed nondisclosure agreements, trade secrets and commercial under the Contract("patent eligible subject matter"),it shall information or financial information that is privileged or be the sole property of the County. The Contractor hereby confidential Without limiting the generality of the foregoing, assigns to the County its entire right,title and interest,if any, records directly related to contract expenditures shall be kept to all patent eligible subject matter,and agrees to do all acts for a period of ten (10) years because the statute of and execute all documents, and to use its best efforts to limitations for the New York False Claims Act(New York ensure that its employees, consultants, subcontractors, False Claims Act§ 192)is ten(10)years. vendors and agents do all acts and execute any documents, necessary to vest ownership in the County of any and all 26. Contract Agency Performance Measures and Reporting patent eligible subject matter. The Contractor may not apply Requirements—Local Law No.41-2013 for or secure for itself patent protection. The County reserves to itself, and the Contractor hereby gives to the a. If payment under this Contract may exceed County, and to any other person designated by the County, $50,000,it is subject to the requirements of Suffolk County consent to produce or otherwise use any item so discovered Local Law No. 41-2013, a Local Law to Implement and/or the right to secure a patent for the discovery or Performance Measurement to Increase Accountability and invention. This paragraph shall survive any completion, Enhance Service Delivery by Contract Agencies (Article expiration or termination of this Contract. VIII of Chapter 189 of the Suffolk County Code)as set forth in Article IV entitled "Suffolk County Legislative 22. Arrears to County Requirements." Contractor warrants that, except as may otherwise be b. The Contractor shall cooperate with the authorized by agreement, it is not in arrears to the County Department in all aspects necessary to help carry out the upon any debt,contract, or any other lawful obligation,and requirements of the Law.Based on criteria established by the is not in default to the County as surety. Contractor in conjunction with the Department, the 23. Lawful Hiring of Employees Law in Connection with Contractor shall submit monthly reports regarding the Contracts for Construction or Future Construction Contractor's performance relative to the established criteria, on dates and times as specified by the Department,as more In the event that the Contract is subject to the Lawful Hiring filly set forth in Article I and Article IV of this Contract. of Employees Law of the County of Suffolk,Suffolk County Code Article II of Chapter 353,as more fully set forth in the C. The Contractor shall submit an annual report to the Article entitled"Suffolk County Legislative Requirements," Department regarding the Contractor's performance no later the Contractor shall maintain the documentation mandated than July 31 of each year of the Term.All performance data to be kept by this law on the construction site at all times. and reports will be subject to audit by the Comptroller. Employee sign-in sheets and register/log books shall be kept on the construction site at all times and all covered 27. Notice employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their Unless otherwise expressly provided, all notices shall be in presence on the construction site during such working hours. writing and shall be deemed sufficiently given if sent by 26 of 39 pages ARTICLE III Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA'Transportation 001-6806-4980-95294 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 27 of 39 pages ARTICLE III Rev. 1/10/2025 Law No. IFM[S No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article IV therein,for violations of this Law. Suffolk County Legislative Requirements Required Forms: NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Suffolk County Living Wage Form DOL-LW1/38(Revised REQUIREMENTS FORMS REFERENCED HEREIN ARE 1/2025) entitled "SUFFOLK COUNTY DEPARTMENT AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON OF LABOR, LICENSING & CONSUMER AFFAIRS— THE SIGNATURE PAGE OF THIS CONTRACT. NOTICE OF APPLICATION FOR COUNTY COMPENSATION-LIVING WAGE These Legislative Requirements,as may be amended from time to CERTIFICATION/DECLARATION-SUBJECT TO time,shall apply to the Contractor regardless of whether notice of AUDIT." such amendments has been provided to the Contractor by the County. It is the Contractor's obligation under this Contract to 3. Use of County Resources to Interfere with Collective read,become familiar with,and comply with the requirements of Bargaining Activities amended Suffolk County Local Laws, Rules and Regulations, It shall be the duty of the Contractor to read,become familiar which can be accessed on the homepage of the Suffolk County with, and comply with the requirements of Article I of Legislature. Chapter 803 of the Suffolk County Code. 1. Contractor'sNendor's Public Disclosure Statement County Contractors (as defined by section 803-2) shall comply with all requirements of Chapter 803 of the Suffolk It shall be the duty of the Contractor to read,become familiar County Code,including the following prohibitions: with, and comply with the requirements of section A5-8 of Article V of the Suffolk County Code. a. The Contractor shall not use County funds to assist,promote,or deter union organizing. Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-8 of Article V b. No County funds shall be used to reimburse the of the Suffolk County Code, the Contractor represents and Contractor for any costs incurred to assist,promote,or deter warrants that it has filed with the Comptroller the verified union organizing. public disclosure statement required by Suffolk County Administrative Code Article V, section A5-8 and shall file C. No employer shall use County property to hold a an update of such statement with the Comptroller on or meeting with employees or supervisors if the purpose of such before the 31st day of January in each year of the Contract's meeting is to assist,promote,or deter union organizing. duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure If the Services are performed on County property, the to file such statement shall constitute a material breach of the Contractor must adopt a reasonable access agreement, a Contract, for which the County shall be entitled, upon a neutrality agreement, fair communication agreement, non- determination that such breach has occurred,to damages,in intimidation agreement, and a majority authorization card addition to all other legal remedies,of fifteen percent(15%) agreement. of the amount of the Contract. If the Services are for the provision of human services and Required Form: are not to be performed on County property,the Contractor Suffolk County Form SCEX 22; entitled must adopt,at the least,a neutrality agreement. "Contractor'sNendor's Public Disclosure Statement" Under the provisions of Chapter 803,the County shall have 2. Living Wage Law the authority,under appropriate circumstances,to terminate the Contract and to seek other remedies as set forth therein, It shall be the duty of the Contractor to read,become familiar for violations of this Law. with, and comply with the requirements of Chapter 575, of Required Form: the Suffolk County Code. Suffolk County Labor Law Form DOL-1,01 (Revised This Contract is subject to the Living Wage Law of the 1/2024); entitled "Suffolk County Department of Labor, County of Suffolk. The law requires that, unless specific Licensing & Consumer Affairs — Union Organizing exemptions apply, all employers (as defined)under service Certification/Declaration-Subject to Audit." contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to 4. Lawful Hiring of Employees Law employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the It shall be the duty of the Contractor to read,become familiar Suffolk County Living Wage Law of the County of Suffolk. with, and comply with the requirements of Article II of Under the provisions of the Living Wage Law,the County Chapter 353 of the Suffolk County Code. shall have the authority,under appropriate circumstances,to terminate the Contract and to seek other remedies as set forth This Contract is subject to the Lawful Hiring of Employees 28 of 39 pages ARTICLE III Rev. 1/10/2025 Law No. IFMS No. 00000015891 tine Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Law of the County of Suffolk. It provides that all covered The documentation mandated to be kept by this law shall at employers,(as defined),and the owners thereof,as the case all times be kept on site. Employee sign-in sheets and may be,that are recipients of compensation from the County register/log books shall be kept on site at all times during through any grant, loan, subsidy, funding, appropriation, working hours and all covered employees,as defined in the payment, tax incentive, contract, subcontract, license law,shall be required to sign such sign-in sheets/register/log agreement,lease or other financial compensation agreement books to indicate their presence on the site during such issued by the County or an awarding agency, where such working hours. compensation is one hundred percent(100%)funded by the County, shall submit a completed sworn affidavit (under Required Forms: penalty of perjury),the form of which is attached,certifying "SUFFOLK COUNTY DEPARTMENT OF LABOR, that they have complied,in good faith,with the requirements LICENSING, & CONSUMER AFFAIRS — NOTICE OF of Title 8 of the United States Code Section 1324a with APPLICATION TO CERTIFY COMPLIANCE WITH respect to the hiring of covered employees(as defined)and FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH with respect to the alien and nationality status of the owners .RESPECT TO LAWFUL HIRING OF EMPLOYEES, thereof. The affidavit shall be executed by an authorized Suffolk County Code, Chapter 353 (2006)"DOL-LHE 1/2 representative of the covered employer or owner,as the case (REVISED 1/2024). may be;shall be part of any executed contract,subcontract, S. Gratuities license agreement, lease or other financial compensation agreement with the County; and shall be made available to It shall be the duty of Contractor to read,become familiar the public upon request. with, and comply with the requirements of Chapter 664 of the Suffolk County Code. All contractors and subcontractors (as defined) of covered employers, and the owners thereof,as the case may be,that The Contractor represents and warrants that it has not are assigned to perform work in connection with a County offered or given any gratuity to any official, employee or contract, subcontract, license agreement, lease or other agent of the County or the State or of any political party,with financial compensation agreement issued by the County or the purpose or intent of securing an agreement or securing awarding agency,where such compensation is one hundred favorable treatment with respect to the awarding or percent (100%) funded by the County, shall submit to the amending of an agreement or the making of any covered employer a completed sworn affidavit (under determinations with respect to the performance of an penalty of perjury),the form of which is attached,certifying agreement. that they have complied,in good faith,with the requirements of Title 8 of the United States Code Section 1324a with 6. Prohibition Against Contracting witb Corporations respect to the hiring of covered employees and with respect that Reincorporate Overseas to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an It shall be the duty of the Contractor to read,become familiar authorized representative of the contractor,subcontractor,or with, and comply with the requirements of sections A4-13 owner, as the case may be; shall be part of any executed and A4-14 of Article IV of the Suffolk County Code. contract, subcontract, license agreement, lease or other financial compensation agreement between the covered The Contractor represents that it is in compliance with employer and the County;and shall be made available to the sections A4-13 and A4-14 of Article IV of the Suffolk public upon request. County Code. Such law provides that no contract for consulting services or goods and services shall be awarded An updated affidavit shall be submitted by each such by the County to a business previously incorporated within employer,owner,contractor and subcontractor no later than the U.S.A.that has reincorporated outside the U.S.A. January I of each year for the duration of any contract and upon the renewal or amendment of the Contract, and 7. Child Sexual Abuse Reporting Policy whenever a new contractor or subcontractor is hired under the terms of the Contract. It shall be the duty of the Contractor to read,become familiar The Contractor acknowledges that such filings are a with, and comply with the requirements of Article II of Chapter 880 of the Suffolk County Code. material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the Contract. The Contractor shall comply with Article II of Chapter 880, of the Suffolk County Code, entitled "Child Sexual Abuse Under the provisions of the Lawful Hiring of Employees Reporting Policy,"as now in effect or amended hereafter or Law, the County shall have the authority to terminate the of any other Suffolk County Local Law that may become Contract for violations of this Law and to seek other applicable during the term of the Contract with regard to child sexual abuse reporting policy. remedies available under the law. 29 of 39 pages ARTICLE IV Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 S. Non Responsible Bidder County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the It shall be the duty of the Contractor to read,become familiar circumstances. with, and comply with the requirements of Article II 'of 12. Safeguarding Personal Information of Minors Chapter 189 of the Suffolk County Code. Upon signing the Contract,the Contractor certifies that it has It shall be the duty of the Contractor to read,become familiar not been convicted of a criminal offense within the last ten with, and comply with the requirements of Suffolk County (10)years. The term"conviction"shall mean a finding of Local Law No. 20-2013, a Local Law to Safeguard the guilty after a trial or a plea of guilty to an offense covered Personal Information of Minors in Suffolk County. under section 189-5 of the Suffolk County Code under All contract agencies that provide services to minors are "Nonresponsible Bidder." required to protect the privacy of the minors and are strictly 9. Use of Funds in Prosecution of Civil Actions prohibited from selling or otherwise providing to any third Prohibited party,in any manner whatsoever,the personal or identifying information of any minor participating in their programs. It shall be the duty of the Contractor to read,become familiar 13. Contract Agency Performance Measures and with, and comply with the requirements of Article III of Reporting Requirements Chapter 893 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar The Contractor shall not use any of the moneys,in part or in with, and comply with the requirements of Suffolk County whole, and either directly or indirectly, received under the Local Law No. 41-2013, a Charter Law to Implement Contract in connection with the prosecution of any civil Performance Measurement to Increase Accountability and action against the County in any jurisdiction or any judicial Enhance Service Delivery by Contract Agencies (Article or administrative forum. VIII of Chapter 189 of the Suffolk County Code) as more fully set forth in Article I and Article III of this Contract. 10. Youth Sports All contract agencies having a contract in excess of$50,000 It shall be the duty of the Contractor to read,become familiar shall cooperate with the contract's administering department with, and comply with Article III of Chapter 730 of the to identify the key performance measures related to the Suffolk County Code. objectives of the services that the contract agency provides and shall develop an annual performance reporting plan.The All contract agencies that conduct youth sports programs are contract agency shall cooperate with the administering required to develop and maintain a written plan or policy department and the County Executive's Performance addressing incidents of possible or actual concussion or Management Team to establish working groups to identify other head injuries among sports program participants. Such appropriate performance indicators and targets for monthly plan or policy must be submitted prior to the award of a evaluation of the contract agency's performance. County contract, grant or funding. Receipt of such plan or policy by the County does not represent approval or 14. Suffolk County Local Laws Website Address endorsement of any such plan or policy,nor shall the County be subject to any liability in connection with any such plan Suffolk County Local Laws, Rules and Regulations can be or policy. accessed on the homepage of the Suffolk County Legislature. 11. Work Experience Participation 15. Suffolk County Code of Ethics If the Contractor is a not-for-profit or governmental agency or institution, each of the Contractor's locations in the As required by Suffolk County Standard Operating County at which the Services are provided shall be a work Procedure A-06,the following is a link to the Suffolk County site for public-assistance clients of Suffolk County pursuant Ethics Booklet,which contains the provisions of the Suffolk to Chapter 281 of the Suffolk County Code at all times County Code of Ethics: during the Term of the Contract. If no Memorandum of Understanding ("MOU") with the Suffolk County https://suffolkeounlyny.yov/Portals/0/forinsdoes/Boardofet Department of Labor for work experience is in effect at the hics/2%2024%20BLUE%20BOOK%20UPDATED.pdf beginning of the Term of the Contract,the Contractor,if it is a not-for-profit or governmental agency or institution, shall 16. Notification of Cyber Security Breach enter into such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in It shall be the duty of the Contractor to read,become familiar accordance with such MOU shall be deemed to be a failure with,and comply with the requirements of section A5-22 of to perform in accordance with the Contract, for which the Article V of the Suffolk County Administrative Code. 30 of 39 pages ARTICLE IV e, T Rev. 1/10/2025 Law No. IFMS No. 00000015891 -Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 The Contractor(as defined in section A5-22)certifies that it has policies and procedures in place for the effective management of any cyber security breach, event or attack. The Contractor shall, within 48 hours, notify the Chief Information Security Officer ("CISO") at the Office of Information Technology located at William J. Lindsay County Complex — Building 50, 725 Veterans Memorial Highway,Hauppauge,New York 11788 and the Department named on the signature page of this Contract, of any cyber breach, event or attack, as defined in section A5-22 of Article V of the Suffolk County Administrative Code. The Contractor,upon completion of its investigation of the cyber breach,event or attack,shall provide a written report of the findings of the completed investigation to the CISO. End of Text for Article IV 31 of 39 pages ARTICLE IV Rev. 1/10/2025 Law No. IFMS No. 00000015891 -Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article V Department of Audit and Control. In addition to any other General Fiscal Terms and Conditions remedies that the County may have, failure to supply the required documentation will disqualify the Contractor from 1. General Payment Terms any further County contracts. a. Presentation of Suffolk County Payment C. Payment by County Voucher Payment by the County shall be made within thirty(30)days In order for payment to be made by the County to the after approval of the Suffolk County Payment Voucher by Contractor for the Services,the Contractor shall prepare and the Comptroller. present a Suffolk County Payment Voucher, which shall be d Budget Modification documented by sufficient, competent and evidential matter. Each Suffolk County Payment Voucher submitted for i.) The parties shall use the Contract payment is subject to Audit at any time during the Term or Budget Modification Request form any extension thereof. This provision shall survive ("Budget Modification")for revisions to expiration or termination of this Contract for a period of not the Budget and Services not involving less than seven(7)years,and access to records shall be as set an increase to the total cost of the forth in paragraph 25 of Article III, and paragraph 4(b) of Article V. Contract. If the Contractor is seeking such a modification,the Contractor shall b. Voucher Documentation contact the Department to receive the form and enter the required information. The Suffolk County Payment Voucher shall list all When the County and the Contractor information regarding the Services and other items for which agree as to such revisions, the expenditures have been or will be made in accordance with Contractor shall sign the Budget the Contract. Either upon execution of the Contract(for the Modification form and return it to the Services already rendered and expenditures already made), County for execution along with any or not more than thirty(30)days after the expenditures were other documentation the Department made,and in no event after the 3111 day of January following may require. the end of each year of the Contract, the Contractor shall furnish the County with detailed documentation in support ii.) Such request must be made in advance of the payment for the Services or expenditures under the of incurring any expenditure for which the revision is needed. Contract, e.g., dates of the Service, worksite locations, activities, hours worked, pay rates and all program Budget iii.) Upon complete execution of the Budget categories. The Suffolk County Payment Voucher shall include time records, certified by the Contractor as true and Modification form, the County shall accurate,of all personnel for whom expenditures are claimed return a copy to the Contractor. The during the period. Time and attendance records of a revision shall not Contractor's Director/Executive Director shall be certified Budget Modification is completely be effective until the executed. by the Chairperson,President or other designated member of the Board of Directors of the Contractor and shall be iv.) The Budget Modification form may be maintained by the Contractor for audit. All Suffolk County submitted only twice per calendar year Payment Vouchers must bear a signature as that term is and may only be submitted prior to defined pursuant to New York State General Construction November 151-of that year. Law § 46 by duly authorized persons, and certification of such authorization with certified specimen signatures e. Budget and/or Services thereon must be filed with the County by a Contractor Revisions official empowered to sign the Contract. Disbursements made by the Contractor in accordance with i.) The parties shall use the Contract the Contract and submitted for reimbursement must be Budget/Services Revision Approval documented and must comply with accounting procedures as Form (Budget/Services Revisions) for set forth by the Suffolk County Department of Audit and revisions to the Budget and Services Control. Documentation, including any other form(s) involving any change to the total cost of required by County or the Suffolk County Department of the Contract due to a resolution of the Audit and Control,shall be furnished to the County pursuant Legislature, changes to the County's to, and as limited by, the Regulations for Accounting adopted annual budget,or for any other Procedures for Contract Agencies of the Suffolk County reason necessitating revisions to the 32 of 39 pages ARTICLE I'V Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Budget or Services. Deficiency Plan is imposed, the County shall promptly ii.) When the County and the Contractor notify the Contractor in writing of the terms and conditions w thereof, which shall be deemed incorporated in and made a agree as such revisions, the part of the Contract, and the Contractor shall implement Department will enter the information those terms and conditions in no less than fourteen(14)days. into the Budget/Services Revisions Form and send it to the Contractor for 3. Personnel Salaries, Pension and Employee Benefit signature.The Contractor shall return it Plans,Rules and Procedures to the County for execution along with any other documentation the a. Upon request, the Contractor shall submit to the Department may require. County a current copy,certified by the Contractor as true and iii.) Upon complete execution of the form by accurate,of its the parties, the County shall return a i.) salary scale for all positions listed in the copy to the Contractor. The revision Budget; shall not be effective until the Budget/Services Revisions Form is ii.) personnel rules and procedures; completely executed. f. Taxes iii.) pension plan and any other employee benefit plans or arrangements. The charges payable to the Contractor under the Contract are b. The Contractor shall not be entitled to exclusive of federal,state,and local taxes,the County being reimbursement for costs under any pension or benefit plan a municipality exempt from payment of such taxes. the Comptroller deems commercially unreasonable. g. Final Voucher C. Notwithstanding anything in this paragraph 3 of The acceptance by the Contractor of payment of all billings this Article V,the County shall not be limited in requesting made on the final approved Suffolk County Payment such additional financial information it deems reasonable. Voucher shall operate as and shall be a release of the County from all claims by the Contractor through the date of the 4. Accounting Procedures Voucher. a. The Contractor shall maintain accounts, books, 2. Subject to Appropriation of Funds records, documents, other evidence, and accounting procedures and practices which sufficiently and properly a. The Contract is subject to the amount of funds reflect all direct and indirect costs of any nature expended in appropriated each fiscal year and any subsequent the performance of the Contract, in accordance with modifications thereof by the County Legislature, and no generally accepted accounting principles and with rules, liability shall be incurred by the County beyond the amount regulations and financial directives, as may be promulgated of funds appropriated each fiscal year by the County by the Suffolk County Department of Audit and Control and Legislature for the Services. the Department. The Contractor shall permit inspection and audit of such accounts,books,records,documents and other b. If the County fails to receive Federal or State funds evidence by the Department and the Suffolk County originally intended to pay for the Services, or to reimburse Comptroller, or their representatives, as often as, in their the County, in whole or in part, for payments made for the judgment, such inspection is deemed necessary. Such right Services,the County shall have the sole and exclusive right of inspection and audit as set forth in subparagraph b.below to: shall exist during the Term and for a period of seven(7)years after expiration or termination of the Contract. i.) determine how to pay for the Services; b. The Contractor shall retain all accounts, books, ii.) determine future payments to the records, and other documents relevant to the Contract for Contractor;and seven (7)years after final payment is made by the County. Federal, State, and/or County auditors and any persons duly iii.) determine what amounts, if any, are authorized by the County shall have full access and the right reimbursable to the County by the to examine any of said materials during said period. Such Contractor and the terms and conditions access is granted notwithstanding any exemption from under which such reimbursement shall disclosure that may be claimed for those records which are be paid. subject to nondisclosure agreements, trade secrets and C. The County may, during the Term, impose a Budget Deficiency Plan. In the event that a Budget 33 of 39 pages ARTICLE V Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 commercial information or financial information that is qualifications for, this type of work before selecting the privileged or confidential. Auditor. C. The Contractor shall utilize the accrual basis of b. The Auditor should be required to meet the accounting and will submit all financial reports and claims following minimum requirements: based on this method of accounting during the Term. i.) a current license issued by the New York 5. Audit of Financial Statements State Education Department; ii.) sufficient auditing experience in the not- a. All payments made under the Contract are subject for-profit governmental or profit- to audit by the Comptroller pursuant to Article V of the making areas,as applicable; and Suffolk County Charter. The Contractor further agrees that the Comptroller and the Department shall have access to and iii.) a satisfactory peer review issued within the right to examine, audit, excerpt, copy or transcribe any not more than three(3)years prior to the pertinent transactions or other records relating to services date when the Auditor was selected to under the Contract. If such an audit discloses overpayments conduct the audit. by the County to the Contractor,within thirty(30)days after C. The audit must be conducted in accordance with the issuance of an official audit report by the Comptroller or generally accepted governmental auditing standards. his duly designated representatives, the Contractor shall Financial statements must clearly differentiate between repay the amount of such overpayment by check to the order County-funded programs and other programs that the of the Suffolk County Comptroller or shall submit a Contractor may be operating. The use of subsidiary proposed plan of repayment to the Comptroller. If there is schedules should be encouraged for this purpose. The no response,or if satisfactory repayments are not made,the Auditor must also prepare a Management Letter based on the County may recoup overpayments from any amounts due or audit. becoming due to the Contractor from the County under the Contract or otherwise.The Comptroller reserves the right to d. "Subrecipients"—Federally Funded Programs undertake all reasonable actions to ensure compliance with and Grants all applicable local laws,rules,and regulations including but not limited to Chapter 189 of the Suffolk County Code i.) In the event the Contractor is a "Subrecipient"as that term is defined in b. The provisions of this paragraph shall survive the 2 CFR § 200.1 and expends ONE expiration or termination of the Contract for a period of MILLION ($1,000,000.00) dollars or seven(7)years,and access to records shall be as set forth in more of Federal moneys, whether as a paragraph 25 of Article III,and paragraph 4(b)of Article V. recipient expending awards received 6. Financial Statements and Audit Requirements directly from Federal awarding agencies or as a Contractor expending Federal a. Notwithstanding any other reporting or awards received from a pass-through certification requirements of Federal, State, or local entity such as New York State and/or authorities, the Contractor shall obtain the services of an Suffolk County, during any fiscal year independent licensed public accountant or certified public within which it receives funding under accountant(the"Auditor")to audit its financial statements the Contract,the audit referred to under for each Contractor's"fiscal year"in which the Contractor this paragraph 6 must be conducted and has received, or will receive, three hundred thousand any the audit report must be in ($300,000.00) dollars or more from the County, whether accordance with OMB Uniform Grant under the Contract or other agreements with the County,and Guidance — 2 CFR Part 200 ("Single shall submit a report to the County on the overall financial Audit Report"). Single Audit Reports condition and operations of the Contractor, including a must also be uploaded to the Federal balance sheet and statement of income and expenses,attested Audit Clearinghouse, to the extent by the Auditor as fairly and accurately reflecting the required by the OMB Uniform Grant accounting records of the Contractor in accordance with Guidance referred to above. In addition, generally accepted accounting principles. The audited the Single Audit Report, respective financial statements including respective Management financial statements and any Letters must be emailed to the Executive Director of Management Letters must be submitted Auditing Services at Auditsa_suffolkcounttimy.gov within to the Department set forth on page one thirty(30)days after completion of the audit,but in no event of this Contract and emailed to the later than nine (9) months after the end of the Contractor's Executive Director of Auditing Services fiscal year,to which the audit relates. The Contractor may at solicit requests for proposals from a number of qualified subrecipientmonitoringaa,suffolkcoun accounting firms and review carefully the costs of, and tyny.gov within thirty (30) days after 34 of 39 pages ARTICLE V Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 completion of the audit,but in no event representatives of Federal,State and County government for later than nine (9) months after the end that purpose. of the Contractor's fiscal year,to which the audit relates. g. The provisions of this paragraph 6 shall survive the expiration or termination of the Contract. ii.) In the event the Contractor is a "Subrecipient"as that term is defined 7. Furniture,Fixtures,Equipment,Materials,Supplies in 2 CFR§200.1 and expends less than ONE MILLION ($1,000,000.00) a. Purchases, Rentals or Leases Requiring Prior dollars of Federal moneys,whether as Approval a recipient expending awards received directly from Federal awarding Prior to placing any order to purchase, rent or lease any agencies or as a Contractor expending furniture, fixtures, or equipment valued in excess of one Federal awards received from a pass- thousand dollars ($1,000.00) per unit for which the through entity such as New York State Contractor will seek reimbursement from the County, the and/or Suffolk County, during any Contractor shall submit to the County a written request for fiscal year the Contractor must email approval to make such a proposed purchase,rental or lease, a certified Exemption Letter,the form with a list showing the quantity and description of each item, of which shall be provided by the its intended location and use,estimated unit price or cost,and Department, on the Contractor's estimated total cost of the proposed order and three written Letterhead and a Schedule of Federal estimates for the same. Written approval of the County shall Funds Expended to the respective be required before the Contractor may proceed with such County Department and the proposed purchase, rental or lease of furniture, fixtures or Executive Director of Auditing equipment. All items purchased must be new or like new Services at unless specifically described otherwise in the Budget. subrecipientmonitorin2(&suffolkcoun tVny.gov within thirty(30)days of the b. Purchase Practices/Proprietary Interest of end of the Contractor's fiscal year. County The Schedule of Federal Funds Expended must include all Federal i,) The Contractor shall follow the general funding received directly from the practices that are designed to obtain Federal government and all Federal furniture, fixtures, equipment, funds passed through from the materials, or supplies at the most County and other pass-through reasonable price or cost possible. entities. ii.) The County reserves the right to iii.) Subrecipients may include, but not purchase or obtain furniture, fixtures, necessarily be limited to, not-for-profit equipment,materials,or supplies for the organizations;units of state government Contractor in accordance with the or a unit of local governments. programmatic needs of the Contract. If the County exercises this right, the e. Copies of any other audit reports including amount budgeted for the items so oversight agency audits must be submitted to the Department purchased or obtained by the County for set forth on page one of this Contract and emailed to the the Contractor shall not be available to Executive Director of Auditing Services at the Contractor for any purpose Auditsa)suffolkcountyngov within thirty (30) days after whatsoever. Title to any such items completion of the audit(s). purchased or otherwise obtained by the County for the programs encompassed f. The requirements set forth in this paragraph 6 shall by the Contract and entrusted to the not preclude the authorized representatives of the County, Contractor,shall remain in the County. the Comptroller,or Federal or State entities from conducting any other duly authorized audit(s) of records and financial iii.) The County shall retain a proprietary statements of the Contractor. The Contractor shall make interest in all furniture, removable such records and financial statements available to authorized fixtures, equipment, materials, and supplies purchased or obtained by the Contractor and paid for or reimbursed to the Contractor pursuant to the terms of the Contract or any prior agreement between the parties. 35 of 39 pages ARTICLE V Rev. 1/10/2025 Law No. IFMS No. 00000015891 -LGine Item/Omnibus Grant—AAA'Transportation 001-6806-4980-95294 materials, or supplies from any cause, the Contractor shall iv.) The Contractor shall attach labels immediately send the County a detailed written report indicating the County's proprietary thereon. interest or title in all such property. f. Disposition of Property in Contractor's Custody C. County's Right to Take Title and Possession Contractor shall be required to obtain the County's prior Upon the termination or expiration of the Contract or any written approval to dispose of any and all property including renewal thereof, the discontinuance of the business of the fixtures, equipment and furniture, purchased with County Contractor,the failure of the Contractor to comply with the finds. Upon termination of the County's funding of any of terms of the Contract,the bankruptcy of the Contractor, an the Services covered by the Contract, or at any other time assignment for the benefit of its creditors, or the failure of that the County may direct,the Contractor shall make access the Contractor to satisfy any judgment against it within thirty available and render all necessary assistance for physical (30)days of filing of the judgment,the County shall have the removal by the County or its designee of any or all furniture, right to take title to and possession of all furniture, removable fixtures, equipment,materials or supplies in the removable fixtures, equipment, materials, and supplies and Contractor's custody in which the County has a proprietary the same shall thereupon become the property of the County interest,in the same condition as such property was received without any claim for reimbursement on the part of the by the Contractor,reasonable wear and tear excepted. Any Contractor. disposition,settlements or adjustments connected with such property shall be in accordance with the rules and regulations d. Inventory Records,Controls and Reports of the County and the State of New York. The Contractor shall regularly and concurrently maintain S. Lease or Rental Agreements proper and accurate inventory records and controls for all such furniture, removable fixtures and equipment acquired If lease payments or rental costs are included in the Budget pursuant to the Contract and all prior agreements between as an item of expense reimbursable by the County, the the parties, if any. Three(3) months before the expiration Contractor shall promptly submit to the County, upon date of the Contract, the Contractor shall make a physical request, any lease or rental agreement. If during the Term, count of all items .of furniture, removable fixtures and the Contractor shall enter into a lease or rental agreement,or equipment in its custody, checking each item against the shall renew a lease or rental agreement,the Contractor shall, aforesaid inventory records. A report setting forth the results prior to the execution thereof, submit such lease or rental of such physical count shall be prepared by the Contractor agreement,to the County for approval. on a form or forms designated by the County, certified and signed by an authorized official of the Contractor, and one 9 Statement of Other Contracts (1)copy thereof shall be delivered to the County within five (5) days after the date set for the aforesaid physical count. Within five(5)days after the termination or expiration date Prior to the execution of the Contract, the Contractor shall of the Contract,the Contractor shall submit to the County six submit a Statement of Other Contracts to the County. If the (6) copies of the same report updated to such date of the Contract is amended during the Term, or if the County Contract,certified and signed by an authorized official of the exercises its option right,the Contractor shall submit a then Contractor, based on a physical count of all items of current Statement of Other Contracts. furniture,removable fixtures and equipment on the aforesaid expiration date, and revised, if necessary, to include any 10. Miscellaneous Fiscal Terms and Conditions inventory changes during the last three (3) months of the Term. a. Limit of County's Obligations e. Protection of Property in Contractor's Custody ' The maximum amount to be paid by the County is set forth The Contractor shall maintain vigilance and take all on the first page of the Contract. reasonable precautions to protect the furniture, fixtures, equipment, material or supplies in its custody against b. Duplicate Payment from Other Sources damage or loss by fire, burglary, theft, disappearance, vandalism, or misuse. In the event of burglary, theft, Payment by the County for the Services shall not duplicate vandalism, or disappearance of any item of furniture, payment received by the Contractor from any other source. fixtures, equipment, material or supplies, the Contractor shall immediately notify the police and make a record C. Funding Identification thereof,including a record of the results of any investigation which may be made thereon. In the event of loss of or The Contractor shall promptly submit to the County upon damage to any item of furniture, fixtures, equipment, request, a schedule for all programs funded by the County, 36 of 39 pages ARTICLE V 'Rev. 1/10/2025 Law No. IFMS No. 00000015891 Line Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 itemizing for each such program the sums received, their available to the County, the Contract may be terminated in source and the total program budget. whole or in part, or the amount payable to the Contractor may be reduced at the discretion of the County,provided that d. Outside Funding for Non-County Funded any such termination or reduction shall not apply to Activities allowable costs incurred by the Contractor prior to such termination or reduction,and provided that money has been Notwithstanding the foregoing provisions of the Contract,it appropriated for payment of such costs. is the intent of the County that the terms and conditions of the Contract shall not limit the Contractor from applying for g. Denial of Aid and accepting outside grant awards or from providing additional educational activities/services which may result in If a State or Federal government agency is funding the the Contractor incurring additional costs, as long as the Contract and fails to approve aid in reimbursement to the following conditions are met: County for payments made hereunder by the County to the Contractor for expenditures made during the Term because i.) The County is not the Fund Source for of any act, omission or negligence on the part of the the additional services; Contractor,then the County may deduct and withhold from ii.) Sufficient funding is available for or can any payment due to the Contractor an amount equal to the be generated by the Contractor to cover reimbursement denied by the state or federal government the cost incurred by the,Contractor to agency, and the County's obligation to the Contractor shall be reduced by any such amounts. In such an event,if there provide these additional services;and should be a balance due to the County after it has made a iii.) If sufficient funding is not available or final payment to the Contractor under the Contract, on cannot be generated, the County shall demand by the County, the Contractor shall reimburse the not be held liable for any of the County for the amount of the balance due the County, additional costs incurred by the payable to the Suffolk County Comptroller.The provisions Contractor in furnishing such additional of this subparagraph shall survive the expiration or services. termination of the Contract. iv.) Prior to scheduling any such additional h. Budget services on County-owned property,the Contractor shall obtain written County The Contractor expressly represents and agrees that the approval. The Contractor shall, to the Budget lists all revenue, expenditures,personnel,personnel County's satisfaction, submit any costs and/or all other relevant costs necessary to provide the documentation requested by the Services. Department reflecting the change, and identify the additional services to be i. Payment of Claims provided and the source of funding that shall be utilized to cover the Upon receipt of a Suffolk County Payment Voucher, the expenditures incurred by the Contractor County,at its discretion,may pay the Contractor during the in undertaking the additional services. 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 e. Potential Revenue the first page of the Contract. The Contractor shall actively seek and take reasonable steps j. Payments Limited to Actual Net Expenditures to secure all potential funding from grants and contracts with other agencies for programs funded by the County. The Contractor agrees that if,for any reason whatsoever,the Contractor shall spend during the Term for the purposes set f. Payments Contingent upon State/Federal forth in the Contract an amount less than,or receive amounts Funding more than, provided in the Budget, the total cost of the Contract shall be reduced to the net amount of actual Payments under the Contract may be subject to and Contractor expenditures made for such purposes. The total contingent upon continued funding by State and/or Federal amount to be paid by the County shall not exceed the lesser agencies. In the event payments are subject to such funding of (i) actual net expenditures or (ii) the total cost of the no payment shall be made until the Contractor submits Contract on the cover page and in the Budget. Upon documentation in the manner and form as shall be required termination or expiration of the Contract,if the Contractor's by State and/or Federal agency. If late submission of claims total amount of allowable expenses is less than the total precludes the County from claiming State or Federal amount of the payments made during the Term, the reimbursement, such late claims by the Contractor shall not Contractor shall prepare a check payable to the Suffolk be paid by the County subject to subparagraph g.below, if, County Comptroller for the difference between the two for any reason,the full amount of such funding is not made amounts and submit such payment to the County,along with 37 of 39 pages ARTICLE V r 9 Rev. 1/10/2025 Law No. IFMS No. 00000015891 sine Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 the final Suffolk County Payment Voucher. Contractor's filling of any vacant position as of the date of execution of the Contract or as may thereafter become k. Travel, Conference, and Meeting Attendance: vacant, and, in the exercise of that right. The County may SOP A-07 Amendment I promulgate reasonable regulations involving filling of vacancies which shall be deemed to be incorporated by Reimbursement to the Contractor for travel costs shall not reference in, and be made part of, the Contract, provided, exceed amounts allowed to County employees. All however,that subject to the availability of funding,approval conferences that are partially or fully funded by the County for the hiring of replacement clerical shall be a Contractor that the Contractor's staff wishes to attend must be pre- determination. approved, in writing, by the County and must be in compliance with Suffolk County Standard Operating o. No Limitation On Rights Procedure A-07 which may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then Notwithstanding anything in this Article V to the contrary, "Comptroller,"then"Consultant's Agreements." the County shall have available to it all rights and remedies under the Contract and at law and equity. 1. Salaries P. Comptroller's Rules and Regulations The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all The Contractor shall comply with the"Comptroller's Rules withholding and payroll taxes to the Federal/State and Regulations for Consultant's Agreements" as governments has been provided to the County. promulgated by the Department of Audit and Control of Suffolk County and any amendments thereto during the Term of the Contract. The "Comptroller's Rules and Regulations for Consultant's Agreements" and"SOP A-07 In. Salary Increases Amendment 1" may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then No salary,wage,or other compensation for the Services shall "Comptroller,"then"Consultant's Agreements." be increased over the amount stated in the Budget without the prior written approval of the County. End of Text for Article V n. Contractor Vacancies The County shall have the right of prior approval of the 38 of 39 pages ARTICLE V j l 7� Rev. 1/10/2025 Law No. IFMS No. 00000015891 ,wLine Item/Omnibus Grant—AAA Transportation 001-6806-4980-95294 Article VI Budget Town of Southold AAA Transportation Program January 1, 2025—December 31, 2025 PERSONNEL Drivers $9,308 FRINGE Z NET RELVIBURSEWNT �14 39 of 39 pages ARTICLE VI COVER SHEET FOR DOCUMENTS SENT TO. V�(� �jR3 JUL(&jc--, TOWN ATTORNEY PA U L M. D E C H A c�a 'com Sent By DEPUTY T/A, JACK SQUICCIARINI ASSISTANTT/A, JULIE M. MCGIVNEY ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER Type of Agr eement Nature of Contract/Agreement