HomeMy WebLinkAboutTransportation Assistance ProgramRESOLUTION 2009-810
ADOPTED
DOC ID: 5334
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-810 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 6, 2009:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and
the Suffolk Coun .ty Office for the Aging for the Town to receive funding under the
Transportation Assistance Program, IFMS No. SCS EXE 0000000 No. 001-6806-4980-
95285, for the period April 1, 2009 through March 31,2010 (with four one-year extensions at the
County's option), subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Law No. -/~ (~ -o / Z.
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IFMS No. SCS EXE 0000000
No. 001-6806-4980-96286-
Contract
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 H. Lee Dennison Building -3= Floor, 100 Veterans Memorial Highway, Hauppauge,
NY (Mailing address: P.O. Box 6100, Hauppauge, NY 11788-0099); and the
Town of Southold (Contractor), a New York municipal corporation, having its principal place of
business at 53095 Main Road, P.O. Box 1179, Southold, New York 11971.
The Contractor has been designated to receive funds from the County for senior services ("the
Services") as set forth in Article VI, entitled "Description of Services," attached.
Term of Agreement: April 1, 2009 through March 31, 2010; with an option for four one-year
extensions, to be exercised at the County's discretion, on the same terms and
conditions herein.
Service Levels: 2,300 Units of Transportation Service
140 Elderly Served, Unduplicated
Total Cost of Agreement: Shall not exceed $4,986, as set forth in Article 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.
County of Suffolk,
Supervisor
Fed, Taxpayer ID #: 11-6001939
Date _/O -~'~
~'~.,,,~..4I. .~.~ ~'c~(, hereby certifies
under penalties of perjury that I am an officer of
'-T-ou0/t o-{~' . ?orx-tL-:~(c~/', that I have read
and I am familiar with §A5-7 of Article V of the Suffolk
County Code, and that'-7'--c::=~J,~
Deputy (;ounty Executive
Date: ,//[~/~
Approved:
By:
Holly ~l~hode-s-Teague ~.~ Date
~t'f~::>/"c~ Dire~or, ~ce for the Aging
meets all requirements to.q'u~lify for exemption
thereunder. ~~/!
Signature
Approved as to Legality:
Christine Malafi, County Attorney
By: ~--
Jacqueline Caput[ ....
Assistant County Attorr~ey /
Date i/ 1~/2./ ~
· Recomrrle~ded:
· A~(na Prencipe ~' Date
Food Service Supervisor
l[lllllllllll
0003616
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Law No.
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List of Articles
IFMS No. SCS EXE 0000000
No. 001-6806-4980-95285-
Article I Page #
Definitions ............................................................................................................................................. 5
1. Meanings of Terms ............................................................................................................... 5
2. Elements of Interpretation .................................................................................................... 6
Article II
General Terms and Conditions ............................................................................................................. 7
1. Contractor Responsibilities ................................................................................................... 7
a. Duties and Obligations ................................................................................................ 7
b. Qualifications, Licenses, and Professional Standards ................................................. 7
c. Notifications ................................................................................................................. 7
d. Documentation of Professional Standards .................................................................. 8
e. Credentialing ............................................................................................................... 8
f. Engineering Certificate ................................................................................................ 8
2. Termination .......................................................................................................................... 8
a. Thirty Days Termination .............................................................................................. 8
b. Event of Default; Termination on Notice ...................................................................... 9
c. Termination Notice ...................................................................................................... 9
d. Duties upon Termination ............................................................................................. 9
3. Indemnification and Defense ................................................................................................ 9
4. Insurance ............................................................................................................................ 10
5. Independent Contractor ...................................................................................................... 11
6. Severability ......................................................................................................................... 11
7. Merger; No Oral Changes .................................................................................................. 11
8. Set-Off Rights ..................................................................................................................... 11
9. Non-Discrimination in Services ........................................................................................... 12
10. Nonsectarian Declaration ................................................................................................... 12
11. Governing Law ................................................................................................................... 12
12. No Waiver ........................................................................................................................... 13
13. Conflicts of Interest.... .......................................................................................................... 13
14. Cooperation on Claims ....................................................................................................... 13
15. Confidentiality ..................................................................................................................... 13
16.Assignment and Subcontracting ......................................................................................... 13
17. No Intended Third Party Beneficiaries ................................................................................ 14
18. Certification as to Relationships ......................................................................................... 14
19. Publications and Publicity ................................................................................................... 14
20. Copyrights and Patents ................. ..................................................................................... 14
a. Copyrights ................................................................................................................. 14
b. Patents ...................................................................................................................... 14
21. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction ....................................................................................................................... 15
Article III
Suffolk County Legislative Requirements ........................................................................................... 16
1. Contractor's/Vendor's Public Disclosure Statement ........................................................... 16
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2. Living Wage Law ................................................................................................................ 16
3. Use of County Resources to Interfere with Collective Bargaining Activities ....................... 17
4. Lawful Hiring of Employees Law ........................................................................................ 17
5. Gratuities ............................................................................................................................ 19
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas ............... 19
7. Child Sexual Abuse Reporting Policy ................................................................................. 19
8. Non Responsible Bidder ..................................................................................................... 19
9. Use of Funds in Prosecution of Civil Actions Prohibited ..................................................... 19
10. Work Experience Participation ........................................................................................... 20
11. Suffolk County Local Laws Website Address ..................................................................... 20
Article IV
Notices and Contact Persons ............................................................................................................. 21
1. Notices Relating to Payments, Reports, Insurance, or Other Submissions ........................ 21
2. Notices Relating to Termination and/or Litigation ............................................................... 21
Article V ........................................................................................................................................... 23
General Fiscal Terms and Conditions ................................................................................................ 23
1. General Payment Terms .................................................................................................... 23
a. Presentation of Suffolk County Payment Voucher ..................................................... 23
b. Voucher Documentation ............................................................................................ 23
c. Payment by County ................................................................................................... 23
d. Budget Modification ................................................................................................... 23
e. Taxes ......................................................................................................................... 24
f. Final Voucher ............................................................................................................ 24
2. Subject to Appropriation of Funds ...................................................................................... 24
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures ........... 25
4. Accounting Procedures ...................................................................................................... 25
5. Audit of Financial Statements ............................................................................................. 26
6. Financial Statements and Audit Requirements ................................................................... 26
7. Furniture, Fixtures, Equipment, Materials, Supplies ........................................................... 28
a. Purchases, Rentals or Leases Requiring Prior Approval ........................................... 28
b. Purchase Practices/Proprietary Interest of County .................................................... 28
c. County's Right to Take Title and Possession ............................................................ 28
d. Inventory Records, Controls and Reports .................................................................. 29
e. Protection of Property in Contractor's Custody .......................................................... 29
f. Disposition of Property in Contractor's Custody ........................................................ 29
8. Lease or Rental Agreements ........ : ..................................................................................... 30
9. Statement of Other Contracts ............................................................................................. 30
10. Miscellaneous Fiscal Terms and Conditions ...................................................................... 30
a. Limit of County's Obligations ..................................................................................... 30
b. Duplicate Payment from Other Sources .................................................................... 30
c. Funding Identification ................................................................................................ 30
d. Outside Funding for Non-County Funded Activities ................................................... 30
e. Potential Revenue ..................................................................................................... 31
f. Payments Contingent upon State/Federal Funding ................................................... 31
g. Denial of Aid .............................................................................................................. 31
h. Budget ....................................................................................................................... 32
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i. Payment of Claims .................................................................................................... 32
j. Payments Limited to Actual Net Expenditures ........................................................... 32
k. Travel Costs
I. Attendance at Conferences ....................................................................................... 32
m. Salaries ..................................................................................................................... 32
n. Salary Increases ........................................................................................................ 33
o. Contractor Vacancies ................................................................................................ :~3
p. No Limitation On Rights ............................................................................................. 33
Article VI .............................................................................................................................. 34
Descr pt on of Services and Specific Payment Terms ........................................................................ 34
Exhibits ........................................................................................................................................... 38
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Article I
Definitions
Meanings of Terms
As used herein:
"Audit of Financial Statements" means the examination by the Comptroller and any Federal or State auditing
authority of the financial statements of the Contractor resulting in the publication of an independent opinion on
whether or not those financial statements are relevant, accurate, complete, and fairly presented.
"Budget" means the Contractor's summary or plan of the intended revenues and expenditures necessary to
render the Services.
"Budget Deficiency Plan" means an analysis of the cost of the Services, changes in fiscal conditions, and
required modifications to the Contract to continue to render the Services.
"Comptroller" means the Comptroller of the County of Suffolk.
"Contract" means all terms and conditions herein forming all rights and obligations of the Contractor and
County.
"Contractor" means the signatory corporation, any person, employee, agent, servant, sub-contractor and any
successor and assign of any one or more of the foregoing performing the Services.
"County" means the County of Suffolk, its departments and agencies.
"County Attorney" means the County Attorney of the County of Suffolk.
"Department" means the signatory department approving the Contract.
"Engineering Services" means the definition of the practice of engineering and the definition of practice of land
surveying, as the case may be, under Sections 7201 and Section 7203 of the Education Law, respectively.
"Event of Default" means
ao
The Contractor's failure to perform any duty required of it under paragraphs l(b)-(e) of
Article II of the Contract; or
bo
The Contractor's failure to maintain the amount and types of insurance required by the Contract;
or
The Contractor's failure to comply with any Federal, State or local law, rule, or regulation,
and County policies or directives; or
The Contractor's bankruptcy or insolvency, or falsification of records or reports, or misuse of
funds; or
e. The Contractor's failure to cooperate in an Audit of Financial Statements; or
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The Contractor's failure to submit, or failure to timely submit, documentation to obtain Federal or
State funds; or
The inability of the County or the Contractor to obtain Federal or State funds due to any act or
omission of the Contractor; or
h. Any condition the County determines, in its sole discretion, is dangerous.
"Federal" means the United States government, its departments and agencies.
"Fringe Bener~s" means non-wage benefits which accompany or are in addition to a person's salary, such as
paid insurance, sick leave, profit-sharing plans, paid holidays, and vacations.
"Fund Source" means any direct or indirect sum payable to the Contractor by the County.
"Legislature" means the Legislature of the County of Suffolk.
"Management Letter" means a letter, certified as true by the Contractor's certified public account or chief
financial officer of findings and recommendations for improvements in internal fiscal control that were identified
during an Audit of Financial Statements, but which were not required to be included in an audit report.
"Municipal Corporation" means a town, village or school district.
"Services" means all that which the Contractor must do and any part thereof arising out of or in connection with
the contract necessary to render the assistance and benefit intended by the Contract.
"State" means the State of New York.
"Statement of Other Contracts" means a complete list of all other contracts under which money has been or will
be paid to the Contractor from the County, the Federal, or the State governments or a Municipal Corporation
and (i) which are currently in effect or (ii) which have expired within the past 12 months and have not been
renewed.
"Suffolk County Payment Voucher" means the document authorized and required by the Comptroller for
release of payment.
"Term" means the time period set forth on page one of the Contract and, if exemised 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.
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Article II
General Terms and Conditions
1. Contractor Responsibilities
a. Duties and Obligations
i.) It shall be the duty of the Contractor to discharge, or cause to be discharged, all
of its responsibilities and to administer funds received in the interest of the County in
accordance with the provisions of the Contract.
ii.) The Contractor shall promptly take all action as may be necessary to render the
Services.
iii.) The Contractor shall not take any action that is inconsistent with the provisions of
the Contract.
b. Qualifications, Licenses, and Professional Standards
i.) The Contractor represents and warrants that it has, and shall continuously
possess, during the Term, the required licensing, education, knowledge, experience,
and character necessary to qualify it to render the Services.
ii.) The Contractor shall continuously have during the Term of the Contract all
required authorizations, certificates, certifications, registrations, licenses, permits, and
other approvals required by Federal, State, County, or local authorities necessary to
qualify it to render the Services.
c. Notifications
i.) The Contractor shall immediately notify the County, in writing, of any disciplinary
proceedings, commenced or pending, with any authority relating to a license held by
any person necessary to qualify him or the Contractor to perform the Services.
ii.) In the event that a person is no longer licensed to perform the Services, the
Contractor must immediately notify the Department, but in no event shall such
notification be later than five (5) days after a license holder has lost the license required
to qualify him or the Contractor to perform the Services.
iii.) In the event that the Contractor is not able to perform the Services due to a loss
of license, the Contractor shall not be reimbursed for the Services rendered after the
effective date of termination of such license. Without limiting the generality of the
foregoing, if any part of the Contract remains to be performed, and the termination of
the license does not affect the Contractor's ability to render the Services, every other
term and provision of the Contract shall be valid and enforceable to the fullest extent
permitted by law.
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d. Documentation of Professional Standards
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The Contractor shall maintain on file, in one location in Suffolk County, ail records that
demonstrate that it has complied with sub-paragraphs (b) and (c) above. The address
of the location of the aforesaid records and documents shall be provided to the County
no later than the date of execution of the Contract. Such documentation shall be kept,
maintained, and available for inspection by the County upon 24 hours notice.
e. Credentialing
i.) In the event that the Department, or any division thereof, maintains a
credentialing process to qualify the Contractor to render the Services, the Contractor
shall complete the required credentialing process. In the event that any State
credential, registration, certification, or license, Drug Enfomement Agency registration,
or Medicare or Medicaid certification is restricted, suspended, or temporarily or
permanently revoked, it is the duty of the Contractor to contact the Department, or
division thereof, as the case may be, in writing, no later than three (3) days after such
restriction, suspension, or revocation.
ii.) The Contractor shall forward to the Department, or division thereof, as the case
may be, on or before July 1 of each year during the Term, a complete list of the names
and addresses of all persons providing the Services, as well as their respective areas of
certification, credentialing, registration, and licensing.
f. Engineering Certificate
In the event that the Contract requires any Engineering Services, the Contractor shall
submit to the Department no later than the due date for submission for approval of any
engineering work product, the Certificate of Authorization ("Certificate"), issued pursuant
to
§ 7210 of the New York Education Law, of every person performing any Engineering
Services. The failure to file, submit or maintain the Certificate shall be grounds for
rejection of any engineering work product submitted for approval.
2. Termination
a. Thirty Days Termination
The County shall have the right to terminate the Contract without cause, for any reason,
at any time, upon such terms and conditions it deems appropriate, provided, however,
that no such termination shall be effective unless the Contractor is given at least 30
days notice.
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b. Event of Default; Termination on Notice
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i.)
ii.)
The County may immediately terminate the Contract, for cause, upon such terms
and conditions it deems appropriate, upon an Event of Default.
If the Contractor defaults under any other provision of the Contract, the County
may terminate the Contract, on not less than 5 days notice, upon such terms and
conditions it deems appropriate.
c. Termination Notice
Any notice providing for termination shall be delivered as provided for in Article 4 of the
Contract.
d. Duties upon Termination
i.)
The Contractor shall discontinue the Services as directed in the termination
notice.
ii.)
The County shall pay the Contractor for the Services rendered through the date
of termination.
iii.) The County shall be released from any and all liability under the Contract,
effective as of the date of the termination notice.
iv.)
Upon termination, the Contractor shall reimburse the County the balance of any
funds advanced to the Contractor by the County no later than 30 days after
termination of the Contract. The provisions of this subparagraph shall survive the
expiration or termination of the Contract.
v.)
Nothing contained in this paragraph shall be construed as a limitation on the
County's rights set forth in paragraph 8 of this Article IL
3. Indemnification and Defense
am
The Contractor shall protect, indemnify, and hold harmless the County, its agents,
servants, officials, and employees from and against all liabilities, fines, penalties,
actions, damages, claims, demands, judgments, losses, suits or actions, costs, and
expenses caused by any acts or omissions or negligence of the Contractor, including
reimbursement of the cost of reasonable attorneys' fees incurred by the County, its
agents, servants, officials, and employees in any action or proceeding arising out of or
in connection with the Contract.
bm
The Contractor hereby represents and warrants that it will not infringe upon any
copyright. The Contractor agrees that it shall protect, indemnify, and hold harmless the
County, its agents, servants, officials, and employees from and against all liabilities,
fines, penalties, actions, damages, claims, demands, judgments, losses, suits or
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actions, costs, and expenses arising out of any claim asserted for infringement of
copyright, including reimbursement of the cost of reasonable attorneys' fees incurred by
the County, its agents, servants, officials, and employees in any action or proceeding
arising out of or in connection with any claim asserted for infringement of copyright.
4. Insurance
The Contractor shall continuously maintain during the Term of the Contract insurance in
amounts and types as follows:
i.)
Commercial General Liability insurance, including contractual liability coverage,
in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for
bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property
damage. The County shall be named an additional insured.
ii.)
Automobile Liability insurance (if any vehicles are used by the Contractor in the
performance of the Contract) in an amount not less than Five Hundred Thousand
Dollars ($500,000.00) per person, per accident, for bodily injury and not less than
One Hundred Thousand Dollars ($100,000.00) for property damage per
occurrence.
iii.)
Workers' Compensation and Employer's Liability insurance in compliance
with all applicable New York State laws and regulations and Disability Benefits
insurance, if required by law. Contractor shall furnish to the County, prior to its
execution of the Contract, the documentation required by the State of New'York
Workers' Compensation Board of coverage or exemption from coverage
pursuant to §§57 and 220 of the Workers' Compensation Law. In accordance
with General Municipal Law §108, the Contract shall be void and of no effect
unless the Contractor shall provide and maintain coverage during the term of the
Contract for the benefit of such employees as are required to be covered by the -
provisions of the Workers' Compensation Law.
The County may mandate an increase in the liability limits set forth in the immediately
preceding paragraphs (4)(a)(i), (ii), and (iv).
All policies providing such coverage shall be issued by insurance companies with an
A.M. Best rating of A- or better.
The Contractor shall furnish to the County, prior to the execution of the'Contract,
declaration pages for each policy of insurance, other than a policy for commercial
general liability insurance, and upon demand, a true and certified original copy of each
such policy evidencing compliance with the aforesaid insurance requirements. In the
case of commercial general liability insurance, the Contractor shall furnish a declaration
page or insuring agreement and endorsement page evidencing the County's status as
an additional insured on said policy, and upon demand, a true and certified original copy
of such policy evidencing compliance with the aforesaid insurance requirements.
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e
All evidence of insurance shall provide for the County to be notified in writing 30 days
prior to any cancellation, nonrenewal, or material change in the policy to which such
evidence relates. It shall be the duty of the Contractor to notify the County immediately
of any cancellation, nonrenewal, or material change in any insurance policy.
In the event the Contractor shall fail to provide evidence of insurance, the County may
provide the insurance required in such manner as the County deems appropriate and
deduct the cost thereof from a Fund Source.
ge
If the Contractor is a Municipal Corporation and has a self-insurance program under
which it acts as a self-insurer for any of such required coverage, the Contractor shall
provide proof, acceptable to the County, of self-funded coverage.
Independent Contractor
The Contractor is not, and shall never be, considered an employee of the County for any
purpose. Notwithstanding anything in the Contract, it shall not be construed as creating a
principal-agent relationship between the County and the Contractor or the Contract and the
County, as the case may be.
Severability
It is expressly agreed that if any term or provision of the Contract, or the application thereof to
any person or cimumstance, shall be held invalid or unenfomeable to any extent, the
remainder of the Contract, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby, and every other term and provision of the Contract shall be valid and shall be
enforced to the fullest extent permitted by law.
Merger; No Oral Changes
It is expressly agreed that the Contract represents the entire agreement of the parties and that
all previous understandings are herein merged in the Contract. No modification of the Contract
shall be valid unless written in form and executed by both parties.
Set-Off Rights
The County shall have all of its common law, equitable, and statutory rights of set-off. These
rights shall include, but not be limited to, the County's option to withhold from a Fund Source
an amount no greater than any moneys due and owing to the County for any reason. The
County shall exercise its set-off rights subject to approval by the County Attorney. In cases of
set-off pursuant to a Comptroller's audit, the County shall only exercise such right after the
finalization thereof, and only after consultation with the County Attorney.
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9. Non-Discrimination in Services
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The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age,
disability, sexual orientation, military status, or marital status:
i.) deny any individual the Services provided pursuant to the Contract; or
ii.) provide the Services to an individual that is different, or provided in a different
manner, from those provided to others pursuant to the Contract; or
iii.) subject an individual to segregation or separate treatment in any matter related to
the individual's receipt of the Services provided pursuant to the Contract; or
iv.) restrict an individual in any way from any advantage or privilege enjoyed by
others receiving the Services provided pursuant to the Contract; or
v.) treat an individual differently from others in determining whether or not the
individual satisfies any eligibility or other requirements or condition which
individuals must meet in order to receive the Services provided pursuant to the
Contract.
The Contractor shall not utilize criteria or methods of administration which have the
effect of subjecting individuals to discrimination because of their race, creed, color,
national origin, sex, age, disability, sexual orientation, military status, or marital status,
or have the effect of substantially impairing the Contract with respect to individuals of a
particular race, creed, color, national origin, sex, age, disability, sexual orientation,
military status, or marital status, in determining:
i.)
ii.)
iii.)
the Services to be provided, or
the class of individuals to whom, or the situations in which, the Services will be
provided; or
the class of individuals to be afforded an opportunity to receive the Services.
10. Nonsectarian Declaration
The Services performed under the Contract are secular in nature. No funds received pursuant
to the Contract shall be used for sectarian purposes or to further the advancement of any
religion. The Services will be available to all eligible individuals regardless of religious belief or
affiliation.
11. Governing Law
The Contract shall be governed by and construed in accordance with the laws of the State of
New York, without regard to conflict of laws. Venue shall be designated in the Supreme Court,
Suffolk County, the United States District Court for the Eastem District of New York, or, if
appropriate, a court of inferior jurisdiction in Suffolk County.
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12. No Waiver
No waiver shall be inferred from any failure or forbearance of the County to enforce any
provision of the Contract in any particular instance or instances, but the same shall otherwise
remain in full force and effect notwithstanding any such failure or forbearance.
13. Conflicts of Interest
The Contractor shall not, during the Term, engage in any activity that is contrary to
and/or in conflict with the goals and purposes of the County.
be
It shall be the duty of the Contractor, during the Term, to disclose to the County the
existence of any interest adverse to the County, whether existing or potential. The
determination as to whether or when a conflict exists, or may potentially exist, shall
ultimately be made by the County Attorney after full disclosure is obtained.
14. Cooperation on Claims
Each party signing the Contract shall render diligently to the other party, without compensation,
any and all cooperation that may be required to defend the other party, its employees and
designated representatives against any claim, demand or action that may be brought against
the other party, its employees or designated representatives arising out of or in connection with
the Contract.
15. Confidentiality
Any document of the County, or any document created by the Contractor used in rendering the
Services, shall remain the property of the County and shall be kept confidential in accordance
with applicable laws, rules, and regulations.
16. Assignment and Subcontracting
aw
The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the
Contract, or any of its right, title or interest therein, or its power to execute the Contract,
or assign all or any portion of the monies that may be due or become due hereunder,
(collectively referred to in this paragraph 16 as "assignment"), to any other person
without the prior written consent of the County, and any attempt to do any of the
foregoing without such consent shall be void ab initio.
Such assignment shall be subject to all of the provisions of the Contract and to any
other condition the County requires. No approval of any assignment shall be construed
as enlarging any obligation of the County under the terms and provisions of the
Contract. No assignment of the Contract or assumption by any person of any duty of
the Contractor under the Contract shall provide for, or otherwise be construed as,
releasing the Contractor from any term or provision of the Contract.
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17. No Intended Third Party Beneficiaries
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The Contract is entered into solely for the benefit of the County and the Contractor. No third
party shall be deemed a beneficiary of the Contract and no third party shall have the dght to
make any claim or assert any right under the Contract.
18. Certification as to Relationships
19.
The Contractor certifies that, other than through the funds provided in the Contract and other
valid agreements with the County, there is no known spouse, life partner, business,
commercial, economic, or financial relationship, or any relationship within the third degree of
consanguinity, between the Contractor, its partners, members, directors, and shareholders
owning five percent or more of the Contractor and the County.
Publications and Publicity
The Contractor shall not issue or publish any book, article, report, or other publication
related to the Services without first obtaining written pdor approval from the County.
After approval in writing is obtained, all such printed matter or other publication shall
contain the following statement in clear and legible print:
"This publication is fully or partially funded by the Suffolk County Executive's Office."
The Contractor shall not issue press releases or any other information to the media, in
any form, concerning the Services without obtaining prior written approval from the
County.
20. Copyrights and Patents
a. Copyrights
If the work of the Contractor should result in the production of original books, manuals,
films, or other materials for which a copyright may be granted, the Contractor may
secure copyright protection. However, the County reserves, and the Contractor hereby
gives to the County, and to any other person designated by the County, a royalty-free,
nonexclusive license to produce, reproduce, publish, translate, or otherwise use any
such materials.
b. Patents
If the Contractor makes any discovery or invention during the Term, or as a result of
work performed under the Contract, the Contractor may apply for and secure for itself
patent protection. However, the County reserves, and the Contractor hereby gives to
the County, and to any other person designated by the County, a royalty-free,
nonexclusive license to produce or otherwise use any item so discovered or patented.
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21.
Lawful Hiring of Employees Law in Connection with Contracts for Construction or
Future Construction
In the event that the Contract is subject to the Lawful Hidng of Employees Law of the County of
Suffolk, Suffolk County Code Chapter 234, as more fully set forth in the Article entitled "Suffolk
County Legislative Requirements," the Contractor shall maintain the documentation mandated
to be kept by this law on the construction site at all times. Employee sign-in sheets and
register/log books shall be kept on the construction site at all times and all covered employees,
as defined in the law, shall be required to sign such sign-in sheets/register/log books to
indicate their presence on the construction site during such working hours.
End of Text for Article II
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Article III
Suffolk County Legislative Requirements
1. Contractor's/Vendor's Public Disclosure Statement
It shall be the duty of the Contractor to read, become familiar with, and comply with the
requirements of section A5-7 of Article V of the Suffolk County Code.
Unless certified by an officer of the Contractor as being exempt from the requirements of
section A5-7 of Article V of the Suffolk County Code, the Contractor represents and warrants
that it has filed with the Comptroller the verified public disclosure statement required by Suffolk
County Administrative Code Article V, Section A5-7 and shall file an update of such statement
with the Comptroller on or before the 31 st day of January in each year of the Contract's
duration. The Contractor acknowledges that such filing is a material, contractual and statutory
duty and that the failure to file such statement shall constitute a matedal breach of the
Contract, for which the County shall be entitled, upon a determination that such breach has
occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the
amount of the Contract.
Required Form:
Suffolk County Form SCEX 22; entitled "Contractor'sNendor's Public
Disclosure Statement"
2. Living Wage Law
It shall be the duty of the Contractor to read, become familiar with, and comply with the
requirements of Chapter 347, of the Suffolk County Code.
This Contract is subject to the Living Wage Law of the County of Suffolk. The law requires
that, unless specific exemptions apply all employers (as defined) under service contracts and
recipients of County financial assistance, (as defined) shall provide payment of a minimum
wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually
pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under
the provisions of the Living Wage Law, the County shall have the authority, under appropriate
circumstances, to terminate the Contract and to seek other remedies as set forth therein, for
violations of this Law.
Required Forms:
Suffolk County Living Wage Form LW-1; entitled "Suffolk County
Department of Labor - Living Wage Unit Notice of Application for County
Compensation (Contract)"
Suffolk County Living Wage Form LW-38; entitled "Suffolk County
Department of Labor- Living Wage Unit Living Wage
Certification/Declaration - Subject To Audit"
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3. Use of County Resources to Interfere with Collective Bargaining Activities
It shall be the duty of the Contractor to read, become familiar with, and comply with the
requirements of Chapter 466 of the Suffolk County Code.
County Contractors (as defined by section 466-2) shall comply with all requirements of Chapter
466 of the Suffolk County Code including the following prohibitions:
a. The Contractor shall not use County funds to assist, promote, or deter union organizing.
No County funds shall be used to reimburse the Contractor for any costs incurred to
assist, promote, or deter union organizing.
c. The Contractor shall not use County funds to assist, promote, or deter union organizing.
de
No employer shall use County property to hold a meeting with employees or supervisors
if the purpose of such meeting is to assist, promote, or deter union organizing.
If the Services are performed on County property the Contractor must adopt a reasonable
access agreement, a neutrality agreement, fair communication agreement, non-intimidation
agreement, and a majority authorization card agreement.
If the Services are for the prevision of human services and are not to be performed on County
property, the Contractor must adopt, at the least, a neutrality agreement.
Under the previsions of Chapter 466, the County shall have the authority, under appropriate
circumstances, to terminate the Contract and to seek other remedies as set forth therein, for
violations of this Law.
Required Form:
Suffolk County Labor Law Form DOL-LO1; entitled "Suffolk County
Department of Labor - Labor Mediation Unit Union Organizing
Certification/Declaration - Subject to Audit"
4. Lawful Hiring of Employees Law
It shall be the duty of the Contractor to read, become familiar with, and comply with the
requirements of Chapter 234 of the Suffolk County Code.
The Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It
provides that all covered employers, (as defined), and the owners thereof, as the case may be,
that are recipients of compensation from the County through any grant, loan, subsidy, funding,
appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other
financial compensation agreement issued by the County or an awarding agency, where such
compensation is one hundred percent (100%) funded by the County, shall submit a completed
sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they
have complied, in good faith, with the requirements of Title 8 of the United States Code
Section 1324a with respect to the hiring of covered employees (as defined) and with respect to
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the alien and nationality status of the owners thereof. The affidavit shall be executed by an
authorized representative of the covered employer or owner, as the case may be; shall be part
of any executed contract, subcontract, license agreement, lease or other financial
compensation agreement with the County; and shall be made available to the public upon
request.
All contractors and subcontractors (as defined) of covered employers, and the owners thereof,
as the case may be, that are assigned to perform work in connection with a County contract,
subcontract, license agreement, lease or other financial compensation agreement issued by
the County or awarding agency, where such compensation is one hundred percent (100%)
funded by the County, shall submit to the covered employer a completed sworn affidavit (under
penalty of perjury), the form of which is attached, certifying that they have complied, in good
faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to
the hiring of covered employees and with respect to the alien and nationality status of the
owners thereof, as the case may be. The affidavit shall be executed by an authorized
representative of the contractor, subcontractor, or owner, as the case may be; shall be part of
any executed contract, subcontract, license agreement, lease or other financial compensation
agreement between the covered employer and the County; and shall be made available to the
public upon request.
An updated affidavit shall be submitted by each such employer, owner, contractor and
subcontractor no later than January 1 of each year for the duration of any contract and upon
the renewal or amendment of the contract, and whenever a new contractor or subcontractor is
hired under the terms of the contract.
The Contractor acknowledges that such filings are a material, contractual and statutory duty
and that the failure to file any such statement shall constitute a material breach of the Contract.
Under the provisions of the Lawful Hiring of Employees Law, the County shall have the
authority to terminate the Contract for violations of this Law and to seek other remedies
available under the law.
The documentation mandated to be kept by this law shall at all time be kept on site. Employee
sign-in sheets and register/log books shall be kept on site at all times during working hours and
all covered employees, as defined in the law, shall be required to sign such sign-in
sheets/register/log books to indicate their presence on the site during such working hours.
Required Forms:
Suffolk County Lawful Hiring of Employees Law Form LHE-1; entitled
"Suffolk County Department of Labor -"Notice Of Application To Certify
Compliance With Federal Law (8 U.S.C. SECTION 1324a)With Respect
To Lawful Hiring of Employees"
"Affidavit of Compliance with the Requirements Of 8 U.S.C. Section 1324a
With Respect To Lawful Hiring Of Employees" Form LHE-2.
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5. Gratuities
It shall be the duty of the Contractor to read, become familiar with, and comply with the
requirements of Chapter 386 of the Suffolk County Code.
The Contractor represents and warrants that it has not offered or given any gratuity to any
official, employee or agent of the County or the State or of any political party, with the purpose
or intent of securing an agreement or securing favorable treatment with respect to the
awarding or amending of an agreement or the making of any determinations with respect to
the performance of an agreement.
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas
It shall be the duty of the Contractor to read, become familiar with, and comply with the
requirements of sections A4-13 and A4-14 of Article IV of the Suffolk County Code.
The Contractor represents that it is in compliance with sections A4-13 and A4-14 of Article IV
of the Suffolk County Code. Such law provides that no contract for consulting services or
goods and services shall be awarded by the County to a business previously incorporated
within the U.S.A. that has reincorporated outside the U.S.A.
7. Child Sexual Abuse Reporting Policy
It shall be the duty of the Contractor to read, become familiar with, and comply with the
requirements of Article IV of Chapter 577 of the Suffolk County Code.
The Contractor shall comply with Article IV of Chapter 577, of the Suffolk County Code,
entitled "Child Sexual Abuse Reporting Policy," as now in effect or amended hereafter or of
any other Suffolk County Local Law that may become applicable dudng the term of the
Contract with regard to child sexual abuse reporting policy.
8. Non Responsible Bidder
It shall be the duty of the Contractor to read, become familiar with, and comply with the
requirements of Article II of Chapter 143 of the Suffolk County Code.
Upon signing the Contract, the Contractor certifies that it has not been convicted of a criminal
offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after
a trial or a plea of guilty to an offense covered under the provision of section 143-5 of the
Suffolk County Code under "Nonresponsible Bidder."
9. Use of Funds in Prosecution of Civil Actions Prohibited
It shall be the duty of the Contractor to read, become familiar with, and comply with the
requirements of section 590-3 of Article III of Chapter 590 of the Suffolk County Code.
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The Contractor shall not use any of the moneys, in part or in whole, and either directly or
indirectly, received under the Contract in connection with the prosecution of any civil action
against the County in any jurisdiction or any judicial or administrative forum.
10. Work Experience Participation
If the Contractor is a nonprofit or govemmental agency or institution, each of the Contractor's
locations in the County at which the Services are provided shall be a work site for public-
assistance clients of Suffolk County pursuant to Local Law No. 15-1993 at all times during the
term of the Contract. If no Memorandum of Understanding ("MOU") with the Suffolk County
Department of Labor for work experience is in effect at the beginning of the term of the
Contract, the Contractor, if it is a nonprofit or governmental agency or institution, shall enter
into such MOU as soon as possible after the execution of the Contract and failure to enter into
or to perform in accordance with such MOU shall be deemed to be a failure to perform in
accordance with the Contract, for which the County may withhold payment, terminate the
Contract or exercise such other remedies as may be appropriate in the circumstances.
11. Suffolk County Local Laws Website Address
Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County website
at http://www, co,suffolk.n¥.us."
End of Text for Article III
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Article IV
Notices and Contact Persons
1. Notices Relating to Payments, Reports, Insurance, or Other Submissions
Any communication, notice, claim for payment, report, insurance, or other submission
necessary or required to be made regarding the Contract shall be in writing, delivered as
follows, and shall be given to the County or the Contractor, as the case may be, or their
designated representative at the following addresses or at such other address that may be
specified in writing by the parties:
By Personal Delivery and First Class Mail; or First Class and Certified Mail, Return
Receipt Requested; or by Nationally Recognized Overnight Courier; or Fax Transmittal;
or Email:
County:
Insert Name of Department and Contact Name
Holly S. Rhodes-Teague
Director, Office for the Aging
100 Veterans Memorial Highway
Hauppauge, New York 11788
Email: a;in~.office~suffolkcou ntyn¥,,qov
Fax No. 631 853-8225
and
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, New York 11788
Email: christine.malafi~,suffolkcountyn¥..qov
Fax No. 631 853-5169
Contractor:
At the address set forth on page one of the Contract, to the attention
of the person who executed the Contract or such other designee as
the parties may agree in writing.
Emaih karen.mclaughlin@town.southold.ny.us
Fax No.: (631) 298-4462
2. Notices Relating to Termination and/or Litigation
In the event the Contractor receives a notice of claim or becomes a party (plaintiff,
petitioner, defendant, respondent, third party complainant, third party defendant, etc.) to
any legal action or proceeding related to the Contract, the Contractor shall immediately
deliver to the County Attorney, at the address set forth below, copies of all papers filed
by or against the Contractor.
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Any communication or notice regarding termination shall be in writing and shall be given
to the County or the Contractor or their designated representative at the following
addresses or at such other addresses that may be specified in writing by the parties and
must be delivered as follows:
By Personal Delivery and First Class Mail; First Class and Certified Mail, Return Receipt
Requested; or by Nationally Recognized Overnight Couder:
County:
Holly S. Rhodes-Teague, Director, Office for the Aging, and to
Christine Malafi, County Attorney, Suffolk County Department of
Law, H. Lee Dennison Building, 100 Veterans Memorial Highway,
Hauppauge, NY 11788
Contractor;
At the address set forth on page one of the Contract, attention to the
person who executed the Contract or such other designee as the
parties may agree in writing.
Notices shall be deemed to have been duly delivered (i) if mailed, upon the seventh business
day after the mailing thereof; or (ii) if by nationally recognized overnight courier sen/ice, Upon
the first business day subsequent to the transmittal thereof; or (iii) if personally, pursuant to
New York Civil Practice Law and Rules Section 311; or (iv) if by fax or email, upon the
transmittal thereof. "Business Day" means any day except a Saturday, a Sunday, or any day
in which commercial banks are required or authorized to close in Suffolk County, New York.
Each party shall give prompt written notice to the other party ,of the appointment of
successor(s) to the designated contact person(s) or his or her designated successor(s).
End of Text for Article IV
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Article V
General Fiscal Terms and Conditions
1. General Payment Terms
a. Presentation of Suffolk County Payment Voucher
In order for payment to be made by the County to the Contractor for the Services, the
Contractor shall prepare and present a Suffolk County Payment Voucher, which shall be
documented by sufficient, competent and evidential matter.
b. Voucher Documentation
The Suffolk County Payment Voucher shall list all information regarding the Services
and other items for which expenditures have been or will be made in accordance with
the Contract. Either with the Contract (for the Services already rendered and
expenditures already made) or not more than 30 days after the expenditures were made
and in no event after the 31st day of January following the end of each year of the
Contract, the Contractor shall furnish the County with detailed documentation in support
of the payment for the Services or expenditures under the Contract e.g. dates of the
Service, worksite locations, activities, hours worked, pay rates and program budget
categories. The Suffolk County Payment Voucher shall include time records, certified
by the Contractor as true and accurate, of all personnel for whom expenditures are
claimedduring the period. Time and attendance records of a project director, if any,
shall be made by the Chairperson, President or other designated member of the Board
of Directors of the Contractor. All Suffolk County Payment Vouchers must be signed in
ink by duly authorized persons, and certification of such authorization with certified
specimen signatures thereon must be filed with the County by a Contractor official
empowered to sign the Contract. Disbursements made by the Contractor in accordance
with the Contract and submitted for reimbursement must be documented and must
comply with accounting procedures as set forth by the Suffolk County Department of
Audit and Control. Documentation, including any other form(s) required by County or
the Suffolk County Department of Audit and Control, shall be furnished to the County
pursuant to, and as limited by, the Regulations for Accounting Procedures for Contract
Agencies of the Suffolk County Department of Audit and Control. In addition to any
other remedies that the County may have, failure to supply the required documentation
will disqualify the Contractor from any further County contracts.
c. Payment by County
Payment by the County shall be made within 30 days after approval of the Suffolk
County Payment Voucher by the Comptroller.
d. Budget Modification
i.) The parties shall use the Contract Budget Modification Request form ("Budget
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Modification" for revisions to the Budget. The Contractor shall submit to the
County the Budget Modification, proposed revisions for either Budget or the
Services. Such request must be made in advance of incurring any expenditure
for which the revision is needed.
ii.)
In addition, the parties shall use the Budget Modification to add any additional
funding for the Services to be provided hereunder that is either appropriated via
Suffolk County Legislative Resolution or by the adopted Suffolk County Budget.
The Contractor shall Submit to the County a Budget and Description of Services
(the Contract at Article VI) for the additional funding.
iii.)
When the County and the Contractor agree as to such revisions, the Contractor
shall execute the Budget Modification. The Contractor shall sign the form and
return it to the County for execution.
iv.)
Upon complete execution of the Budget Modification, the County shall return a
copy to the Contractor. The revision shall not be effective until the Budget
Modification is completely executed.
v.)
The Budget Modification may be submitted only twice per calendar year and may
only be submitted prior to November 15 of that year.
e=
Taxes
The charges payable to the Contractor under the Contract are exclusive of federal, state,
and local taxes, the County being a municipality exempt from payment of such taxes.
f. Final Voucher
The acceptance by the Contractor of payment of all billings made on the final approved
Suffolk County Payment Voucher shall operate as and shall be a release of the County
from all claims by the Contractor.
Subject to Appropriation of Funds
The Contract is subject to the amount of funds appropriated and any subsequent
modifications thereof by the Legislature, and no liability shall be incurred by the County
beyond the amount of funds appropriated by the Legislature for the Services.
If the County fails to receive Federal or State funds originally intended to pay for the
Services, or to reimburse the County, in whole or in part, for payments made for the
Service, the County shall have the sole and exclusive right to:
i.) Determine how to pay for the Services;
ii.) Determine future payments to the Contractor; and
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iii.)
Determine what amounts, if any, are reimbursable to the County by the
Contractor and the terms and conditions under which such reimbursement shall
be paid.
The County may during the Term impose a Budget Deficiency Plan. In the event that a
Budget Deficiency Plan is imposed, the County shall promptly notify the Contractor in
wdting of the terms and conditions thereof, which shall be deemed incorporated in and
made a part of the Contract, and the Contractor shall implement those terms and
conditions in no less than 14 days.
Any Budget Deficiency Plan shall be deemed to be incorporated by reference and made
part of the Contract.
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
Upon request, the Contractor shall submit to the County a current copy, certified by the
Contractor as true and accurate, of its:
i.) salary scale for all positions listed in the Budget;
ii.) personnel rules and procedures;
iii.) pension plan and any other employee benefit plans or arrangements.
The Contractor shall not be entitled to reimbursement for costs under any pension or
benefit plan the Comptroller deems commercially unreasonable.
Ce
Notwithstanding anything in this paragraph 3 of this Article V, the County shall not be
limited in requesting such additional financial information it deems reasonable.
4. Accounting Procedures
The Contractor shall maintain accounts, books, records, documents, other evidence,
and accounting procedures and practices which sufficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of the Contract in
accordance with generally accepted accounting principles and with rules, regulations
and financial directives as may be promulgated by the Suffolk County Department of
Audit and Control and Department. The Contractor shall permit inspection and audit of
such accounts, books, records, documents and other evidence by Department and the
Suffolk County Comptroller, or their representatives, as often as, in their judgment, such
inspection is deemed necessary. Such right of inspection and audit as set forth in
subparagraph b. below shall exist during the Term and for a period of seven (7) years
after expiration or termination of the Contract.
The Contractor shall retain all accounts, books, records, and other documents relevant
to the Contract for seven (7) years after final payment is made by the County. Federal,
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State, and/or County auditors and any persons duly authorized by the County shall have
full access and the right to examine any of said materials during said period. Such
access is granted notwithstanding any exemption from disclosure that may be claimed
for those records which are subject to nondisclosure agreements, trade secrets and
commemial information or financial information that is privileged or confidential.
The Contractor shall utilize the accrual basis of accounting and will submit all financial
reports and claims based on this method of accounting during the Term.
5. Audit of Financial Statements
All payments made under the Contract are subject to audit by the Comptroller pursuant
to Article V of the Suffolk County Charter. The Contractor further agrees that the
Comptroller and Department shall have access to and the right to examine, audit,
excerpt, copy or transcribe any pertinent transactions or other records relating to
services under the Contract. The Contractor's failure to cooperate in any Audit of
Financial Statements shall be an Event of Default. If such an audit discloses
overpayments by the County to the Contractor, within thirty (30) days after the issuance
of an official audit report by the Comptroller or his duly designated representatives, the
Contractor shall repay the amount of such overpayment by check to the order of the
Suffolk County Treasurer or shall submit a proposed plan of repayment to the
Comptroller. If there is no response or if satisfactory repayments are not made, the
County may recoup overpayments from any amounts due or becoming due to the
Contractor from the County under the Contract or otherwise.
The provisions of this paragraph shall survive the expiration or termination of the
Contract.
6. Financial Statements and Audit Requirements
Notwithstanding any other reporting or certification requirements of Federal, State, or
local authorities, the Contractor shall obtain the services of an independent licensed
public accountant or certified public accountant (the "Auditor") to audit its financial
statements for each Contractor's "fiscal year" (January I to December 31) in which the
Contractor has received, or will receive, $300,000 or more from the County, whether
under the Contract or other agreements with the County, and shall submit a report to
the County on the overall financial condition and operations of the Contractor, including
a balance sheet and statement of income and expenses, attested by the Auditor as
fairly and accurately reflecting the accounting records of the Contractor in accordance
with generally accepted accounting principles. The Contractor is encouraged to solicit
requests for proposals from a number of qualified accounting firms and to review
carefully the costs of, and qualifications for, this type of work before selecting the
Auditor.
The Auditor should be required to meet the following minimum requirements:
i.) a current license issued by the New York State Education Department;
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Ce
ii.) sufficient auditing experience in the nonprofit, governmental or profit-
making areas, as applicable; and
iii.) a satisfactory peer review issued within not more than three years prior to
the date when the Auditor was selected to conduct the audit.
The audit must be conducted in accordance with generally accepted governmental
auditing standards. Financial statements must clearly differentiate between County-
funded programs and other programs that the Contractor may be operating. The use of
subsidiary schedules should be encouraged for this purpose. The Auditor must also
prepare a Management Letter based on the audit.
dw
In the event the Contractor is a non-profit organization or unit of local government and
expends $500,000 or more of Federal monies, whether as a recipient expending awards
received directly from Federal awarding agencies, or as a subrecipient expending
Federal awards received from a pass-through entity, such as New York State or Suffolk
County, during any fiscal year within which it receives funding under the Contract, the
audit must be conducted, and the audit report ("Single Audit Report") must be, in
accordance with OMB Circular No. A-133 (revised June 27, 2003). Single Audit
Reports must also be submitted to the designated clearinghouse, cognizant agency
and/or pass-through entity, to the extent required by the OMB Circular referred to
above.
The Contractor must submit to the County a statement in writing, certified by its chief
financial officer, which states the amount of Federal funding expended by the Contractor
during such fiscal year. The Contractor must mail or deliver the certified statement to
Department and to the Executive Director of Auditing Services, Suffolk County
Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial
Highway, P. O. Box 6100, Hauppauge, New York 11788-0099, as soon as possible
after the end of the Contractor's fiscal year. The statement must include all Federal
funding received directly from the Federal government and all Federal funds passed
through from the County and other pass-through entities.
Copies of all financial statements, Management Letters, Single Audit Reports and other
audit reports must be transmitted to Department and to the Executive Director of
Auditing Services at the address set forth above. The reports must be submitted within
thirty (30) days after completion of the audit, but in no event later than nine (9) months
after the end of the Contractor's fiscal year to which the audit relates.
These requirements do not preclude the Department or the Comptroller or their
authorized representatives or Federal or State auditors from auditing all records of the
Contractor. Therefore, the records of the Contractor must be made available to
authorized representatives of Federal, State and County government for that purpose.
The provisions of this paragraph' shall survive the expiration or termination of the
Contract.
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7. Furniture, Fixtures, Equipment, Materials, Supplies
a. Purchases, Rentals or Leases Requiring Prior Approval
Prior to placing any order to pumhase, rent or lease any furniture, fixtures, or equipment
valued in excess of one thousand dollars ($1000.00) per unit for which the Contractor
will seek reimbursement from the County, the Contractor shall submit to the County a
written request for approval to make such a proposed purchase, rental or lease, with a
list showing the quantity and description of each item, its intended location and use,
estimated unit price or cost, and estimated total cost of the proposed order. Written
approval of the County shall be required before the Contractor may proceed with such
proposed purchase, rental or lease of furniture, fixtures or equipment. All items
purchased must be new or like new unless specifically described otherwise in the
Budget.
b. Purchase Practices/Proprietary Interest of County
i.)
The Contractor shall follow all of the general practices that are designed to obtain
furniture, fixtures, equipment, materials, or supplies at the most reasonable price
or cost possible.
ii.)
The County reserves the right to purchase or obtain for the Contractor furniture,
fixtures, equipment, materials, or supplies in accordance with the programmatic
needs of the Contract. If the County exercises this right, the amount budgeted
for the items so purchased or obtained by the County for the Contractor shall not
be available to the Contractor for any purpose whatsoever. Title to any such
items purchased or otherwise obtained by the County for the programs
encompassed by the Contract and entrusted to the Contractor, shall remain in
the County.
iii.)
The County shall retain a proprietary interest in all furniture, removable 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.
iv.)
The Contractor shall attach labels indicating the County's proprietary interest or
title in all such property.
c. County's Right to Take Title and Possession
Upon the termination or expiration of the Contract or any renewal thereof, the
discontinuance of the business of the Contractor, the failure of the Contractor to comply
with the terms of the Contract, the bankruptcy of the Contractor, an assignment for the
benefit of its creditors, or the failure of the Contractor to satisfy any judgment against it
within thirty (30) days of filing of the judgment, the County shall have the right to take
title to and possession of all furniture, removable fixtures, equipment, materials, and
28of38 pages
Law No.
Rev. 811912009
AAA Transportation Program
IFMS No. SCS EXE 0000000
No. 001-6806-4980-95285-
supplies referred to in subparagraph 7(b) above and the same shall thereupon become
the property of the County without any claim for reimbursement on the part of the
Contractor.
d. Inventory Records, Controls and Reports
The Contractor shall maintain proper and accurate inventory records and controls for all
such furniture, removable fixtures and equipment acquired pursuant to the Contract and
all prior agreements between the parties, if any. Three (3) months before the expiration
date of the Contract, the Contractor shall make a physical count of all items of furniture,
removable fixtures and equipment in its custody, checking each item against the
aforesaid inventory records. A report setting forth the results of such physical count
shall be prepared by the Contractor on a form or forms designated by the County,
certified and signed by an authorized official of the Contractor, and one (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 expiration date of the Contract, the
Contractor shall submit to the County six (6) copies of the same report updated to the
expiration date of the Contract, certified and signed by an authorized official of the
Contractor, based on a physical count of all items of furniture, removable fixtures and
equipment on the aforesaid expiration date, and revised, if necessary, to include any
inventory changes during the last three (3) months of the Term.
e. Protection of Property in Contractor's Custody
The Contractor shall maintain vigilance and take all reasonable precautions to protect
the furniture, fixtures, equipment, material or supplies in its custody against damage or
loss by fire, burglary, theft, disappearance, vandalism, or misuse. In the event of
burglary, theft, vandalism, or disappearance of any item of furniture, fixtures, equipment,
material or supplies, the Contractor shall immediately notify the police and make a
record thereof, including a record of the results of any investigation which may be made
thereon. In the event of loss of or damage to any item of furniture, fixtures, equipment,
materials, or supplies from any cause, the Contractor shall immediately send the County
a detailed written report thereon.
f. Disposition of Property in Contractor's Custody
Upon termination of the County's funding of any of the Services covered by the
Contract, or at any other time that the County may direct, the Contractor shall make
access available and render all necessary assistance for physical removal by the
County or its designee of any or all furniture, removable fixtures, equipment, materials
or supplies in the Contractor's custody in which the County has a proprietary interest, in
the same condition as such property was received by the Contractor, reasonable wear
and tear excepted. Any disposition, settlements or adjustments connected with such
property shall be in accordance with the rules and regulations of the County and the
State of New York.
29 of 38 pages
Law No.
Rev. 8/19/2009
AAA Transportation Program
8. Lease or Rental Agreements
IFMS No. SCS EXE 0000000
No. 001-6806-4980-95285-
If lease payments or rental costs are included in the Budget as an item of expense
reimbursable by the County, the Contractor shall promptly submit to the County, upon request,
any lease or rental agreement. If during the Term, the Contractor shall enter into a lease or
rental agreement, or shall renew a lease or rental agreement the Contractor shall, prior to the
execution thereof, submit such lease or rental agreement, to the County for approval.
9. Statement of Other Contracts
Prior to the execution of the Contract, the Contractor shall submit a Statement of Other
Contracts to the County, which shall be attached as an exhibit to the Contract. If the Contract
is amended during the Term, or if the County exercises its option right, the Contractor shall
attach a then current Statement of Other Contracts.
10. Miscellaneous Fiscal Terms and Conditions
a. Limit of County's Obligations
The maximum amount to be paid by the County is set forth on the first page of the
Contract.
b. Duplicate Payment from Other Sources
Payment by the County for the Services shall not duplicate payment received by the
Contractor from any other source.
c. Funding Identification
The Contractor shall promptly submit to the County upon request, a schedule for all
programs funded by the County itemizing for each such program the sums received,
their source and the total program budget.
d. Outside Funding for Non-County Funded Activities
Notwithstanding the foregoing provisions of the Contract, it is the intent of the County
that the terms and conditions of the Contract shall not limit the Contractor from applying
for and accepting outside grant awards or from providing additional educational
activities/services which may result in the Contractor incurring additional costs, as long
as the following conditions are met:
i.)
ii.)
The County is not the Fund Source for the additional services;
Sufficient funding is available for or can be generated by the Contractor to cover
the cost incurred by the Contractor to provide these additional services; and
30 of 38 pages
Law No.
Rev. 81'1912009
AAA Transportation Program
IFMS No. SCS EXE 0000000
No. 00t-6806-4980-95285-
iii.) If sufficient funding is not available or cannot be generated, the County shall not
be held liable for any of the additional costs incurred by the Contractor in
furnishing such additional services.
iv.) Prior to scheduling any such additional services on County-owned property, the
Contractor shall County approval. The Contractor shall, to the County's
satisfaction, identify the additional services to be provided and the soume of
funding that shall be utilized to cover the expenditures incurred by the Contractor
in undertaking the additional services.
e. PotsnflalRevenue
The Contractor shall actively seek and take reasonable steps to secure ail potential
funding from grants and contracts with other agencies for programs funded by the
County.
f. Payments Contingent upon State/Federal Funding
Payments under the Contract may be subject to and contingent upon continued funding
by the state and/or federal government(s). In such event, no payment shall be made
until the Contractor submits documentation in the manner and form as shall be required
by the state and/or federal government. If late submission of claims precludes the
County from claiming state or federal reimbursement, such late claims shall not be
honored. If, for any reason, the full amount of such funding is not made available to the
County, the Contract may be terminated in whole or in part, or the amount payable to
the Contractor may be reduced at the discretion of Department, provided that any such
termination or reduction shall not apply to allowable costs incurred by the Contractor
prior to such termination or reduction, and provided that money has been appropriated
for payment of such costs. The Contractor's failure to submit, or failure to timely submit,
such documentation shall be an Event of Default.
g. Denial of Aid
If a State or Federal government agency is funding the Contract and fails to approve aid
in reimbursement to the County for payments made hereunder by the County to the
Contractor for expenditures made during the Term because of any act, omission or
negligence on the part of the Contractor, then the County may deduct and withhold from
any payment due to the Contractor an amount equal to the reimbursement denied by
the state or federal government agency, and the County's obligation to the Contractor
shall be reduced by any such amounts. In such an event, if there should be a balance
due to the County after it has made a final payment to the Contractor under the
Contract, on demand by the County, the Contractor shall reimburse the County for the
amount of the balance due the County, by check to the order of the Suffolk County
Treasurer. The provisions of this subparagraph shall survive the expiration or
termination of the Contract. The inability of the County or the Contractor to obtain
Federal or State funds due to any act or omission of the Contractor shall be an Event of
Default.'
31 of 38 pages
Law No.
Rev. 8/1912009
AAA Transportation Program
IFMS No. SCS EXE 0000000
No. 001-6806-4980-95285-
h. Budget
aw
je
The Contractor expressly represents and agrees that the Budget, to the extent
applicable, lists all personnel and/or all other costs of the Services.
Payment of Claims
Upon receipt of a Suffolk County Payment Voucher, the County, at it's discretion, may
pay the Contractor during the Term, in advance, an amount not to exceed one sixth
(1/6) of the maximum amount to be paid by the County set forth on the first page of the
Contract.
Payments Limited to Actual Net Expenditures
The Contractor agrees that if, for any reason whatsoever, the Contractor shall spend
during the Term for the purposes set forth in the Contract an amount less than, or
receive amounts more than, provided in the Budget, the total cost of the Contract shall
be reduced to the net amount of approved, actual Contractor expenditures made for
such purposes, and amounts received and that the total amount to be paid by the
County shall not exceed the lesser of (i) approved actual net expenditures or (ii) the
total cost of the Contract on the cover page and in the Budget. Upon termination or
expiration of the Contract, if the Contractor's total amount of allowable expenses are
less than the total amount of the payments made during the Term, the Contractor shall
prepare a check payable to the Suffolk County Treasurer for the difference between the
two amounts and submit such payment to the County, along with the final Suffolk
County Payment Voucher.
Travel Costs
Reimbursement to the Contractor for travel costs shall not exceed amounts allowed to
County employees.
Attendance at Conferences
All conferences that are partially or fully funded by the County that the Contractor's staff
wish to attend must be pre-approved, in writing, by the County and must be in
compliance with Standard Operating Procedure A-07 and Executive Order No~ 4-2004.
Salaries
The Contractor shall not be eligible to receive any salary reimbursement until proof of
deposit or payment of all withholding and payroll taxes to the Federal/State
governments has been provided to the County. Salary reimbursement shall not include
employees' share of FICA and Medicare contributions.
32 of 38 pages
Law No.
Rev. 81t 9~2009
AAA Transportation Program
IFMS No. SCS EXE 0000000
No. 00'1-6806-4980-95285-
n. Salary Increases
No salary, wage, or other compensation for the Services shall be increased over the
amount stated in the Budget without the prior written approval of the County.
o. Contractor Vacancies
The County shall have the right of prior approval of the Contractor's filling of any
position vacant as of the date of execution of the Contract or as may thereafter become
vacant, and, in the exercise of that right, may promulgate reasonable regulations
involving position control which shall be deemed to be incorporated by reference in, and
be made part of, the Contract.
p. No Limitation On Rights
Notwithstanding anything in this Article V, the County shall have available to it all rights
and remedies under the Contract and at law and equity.
End of Article V
33of38 pages
Law No.
Rev. 8/t9/2009
AAA Transportation Program
IFMS No. SCS EXE 0000000
No. 001-6806-4980-95285-
Article VI
Description of Services and Specific Payment Terms
Town of Southold
April 1, 2009 - March 31, 2010
Description of Services for the AAA Transportation Pro.qram
1. Goals of Program
The AAA Transportation Program is to facilitate the availability of transportation to the elderly
by providing assistance in meeting the transportation operating expenses related to serving the
elderly, as part of the required supportive services of the IIIC Nutrition Program and/or the
Supplemental Nutrition Assistance Program or other such programs for the elderly that provide
transportation services.
2. General
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 Agreement, 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.
C. To inform each recipient of the service of the opportunity to make a free, willing and
anonymous contribution toward the cost of the service. Service may 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. 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 free and voluntary. 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.
D. Confidentiality
i. 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
Aging.
ii. In the case of a request by Aging for names and addresses of individuals
participating in the program, the Contractor shall furnish such information as
requested. Failure to comply with a request by Aging for such information shall
be deemed a material breach of this Agreement and shall result in a freeze on all
monies due and owing to the Contractor until compliance by the Contractor.
34 of 38 pages
Law No.
Rev. 8/t 9/2009
AAA Transportation Program
IFMS No. SCS EXE 0000000
No. 00t-6806-4980-95285-
Services
The Contractor shall provide the following services:
A. Provision of transportation to congregate settings:
Provision of transportation to congregate settings and sites shall be furnished using
licensed drivers and insured and inspected vans and automobiles.
B. Other Transportation Services:
The Contractor may provide transportation 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 transportation program
activities.
Reporting Requirements
A. Monthly Reports
Monthly reports must be submitted to Aging on a form prescribed by Aging. Monthly
reports are due to Aging by the eighth 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 unit is equal to each one-way trip per person.
ii. The number of unduplicated individuals who have received transportation by the
Contractor under this Transportation Program Agreement.
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 Aging 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 SAMS 2000 or in subsequent County approved
computer systems. All participant data must be entered completely by the 12th of
each month for the previous month's data.
Promotions and Advertisements
Any references to transportation services provided under this Agreement 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."
35 of 38 pages
Law No.
Rev. 8/t9/2009
AAA Transportation Program
IFMS No. SCS EXE 0000000
No. 001-6806-4980-95285-
Administration
Overall administration of this program will be the responsibility of the Contractor. The
Contractor will insure proper implementation and direction of the service, act as liaison
between Aging and the actual service and insure accuracy and timeliness of submission of all
reporting forms and expenditures.
Program staff shall attend meetings and training as requested by Aging.
Monitoring
The Contractor agrees to permit Aging's staff and staff of the New York State Office for the
Aging to review programmatic records at any time.
As required, Aging'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 supplies) to establish their physical existence.
- END OF TEXT OF EXHIBIT -
36 of 38 pages
Law No.
Rev. 811912009
AAA Transportation Program
Specific Payment TermslBud.qet
IFMS No. SCS EXE 0000000
No. 00t-6806-4980-95285-
Town of Southold
AAA Transportation Program
April 1, 2009 - March 31, 2010
PERSONNEL
Driver
FRINGE
OPERATING EXPENSES
Gas & Oil
SUBTOTAL
Less Anticipated Income
NET REIMBURSMENT
~4~971
4,971
200
500
500
95,671
(685)
$4.986
37 of 38 pages
Law No.
Rev. 8/1912009
AAA Transportation Program
IFMS No. SCS EXE 0000000
No. 001-6806-4980-95285-
Exhibits
Exhibit
Exhibit
Exhibit
Notice of Applicability of Living Wage Law (LW-13)
Verification of Submission of Lawful Hiring of Employees (LHE-3)
Union Organizing Certification/Declaration (DOL-LO1)
38of38 pages
SUFFOLK COUNTY DEPARTMENT OF LABOR- LMNG WAGE UNIT
NOTICE OF APPLICABILITY
OF LIVING WAGE LAW
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
To Be Completed By The Living Wage Unit
DATE: June 17, 2009
TO: Therese Blumenauer, Contracts Examiner, Office for the Aging
FROM: .~_~nda Rosenberg, Director
TELEPHONE #: 631 853-5630
VENDOR #: 11-6001939
REF: AAA Transportation
You are hereby notified that the response from Town of Southoid has been evaluated by the Living Wage Unit
of the Suffolk County Department of Labor.
We find:
X The documents submitted with this contractJproposal are complete and conform to the
requirements of the Living Wage Law (Local Law #12-2001). The Awarding Agency may proceed with
the normal and customary procedure for administering contracts.
The documents submitted with this con~ractYpwposal are not complete, or do not conform to
the requirements of the Living Wage Law (Local Law #12-2001).
Employers who fail to submit documents or information required to demonstrate compliance with the
Law shall be deemed non-responsive and subject to disqualification.
If the employer is presently under con~ract, the contractor shall be deemed non-compliant and the
appeals process shall be made available to said employer (Chapter 347-5 A & B).
LW-13
SUFgOLK COUNTY DEPARTMENT OF LABOR
NOTICE OF AppLIcATION TO CERTIFY COMPLIANCE WH'H FEDERAL LAW
(8 U.S.C. SECTION 1324A)
WITH RESPECT TO L~ WFUL H/R~G OF EMPLOYEES
VERIFICATION OF SUBMISSION OF L/I WFUL HIRING OF EMPLOYEES
Suffolk County Code, Chapter 234 (2006)
To Be Completed By the Lawful Hiring of Employees Unit
DATE: June 17~ 2009
TO: Therese Blumenauer~ Contracts Examiner~ Office for the Agin~
FROM:
PHONE #: 631 853-3808
EMPLOYER: Town of South#Id
VENDOR #: 11-6001939
REF: AAA Transportation
You are hereby notified that the submission from Town of Southold has been received by
the Lawful Hiring of Employees Unit of the Suffolk County Depa~ia.ent of Labor. We find
that this submission is complete and is in coa~pliance with the requirements set forth by the
Suffolk County Lawful Hiring of Employees Law (Local Law #52-2006).
(01/07)
Suffolk Coumy, New York
SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION If~q~T
UNION ORGANIZING CERTIFICATION/DECLARATION- SUBJECT TO ~UDFF
If the following dennition of "Coun~ Contractor' (Union OrBanMng Lnw Chapter 466=2) applies to the
contrnctoF's/bmefJcinFy's businm or tranmc~on with Suffolk Count~, the contractor/beneflchr~ must complete Sections 1~
I!I, and iV below. If the following definitions do not apply, the eontraetor/benefichry must complete Sections It, Ill and IV
below. Completed forms must be submitted to the nwaFdb~ agency.
County Contractor:. "Any employer that receives more than $50,000 in County funds for supplying goods or services purmmnt to n
w~ti~fl contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to s Suffolk County
program; pursuant to a Suffolk County reimbunement for sendces provided in any calendar year;, or pursuant to a subctmtract with
an~ of the above."
Section I
Ch~k if
Appli~bl¢
Section Il
The Union Ot?.i~ing Law applies to this contract, l/we hereby agree to comply with all the provisions of Suffolk
County Local Law No. 26-2003, the Suffolk County Union Otpnizing Law (the law) n~; as to the gnoda and/or
or deter union mpnizing (Chaptt~ 466-3 A)~ nm ssek reimbursemont from the Connty for costs inonrr~d to mist,
promo~, or dem' union mpninm' ~. (Chapter 466-3 B)
union organinn' ~. (~mptor 4663 H)
~ union orgnninn'L (Chnpter 466-3g)
I/we fuflhe~ ngree that if any expendituras or eom incurred to assist, promote, or det~ union or~an~ing ~ ~
l/we fhlJll I~Jo fecOFdS Su~cJont to ShOW th~ no County ~ ~ used foi' those expel~tHi~s nnd; as
applicable, that no rnimborsemont from Cmmty funds bas beon senght for such costs, l/we qree that such records
shall be nw~ available to the peflinont County agency or authority, the County Complmller, rathe County
Depamnent of Law upon reqnosC (Chapter 4f~.3 I)
I/we fmther aft~rn to the following as to the goods and/or services that are the subject ofthe conmmt with the
County of Suffolk:
· 1/we will not exprus to employees any fnise or misleading information Iht is inl~nded to influence the
dem'mln.tlon of employee prcfrmnms regard!.g union repruontatlon;
· I/we will not coe~on m intimidate ~,loyees, explicitly or implicitly, in selecting or not selecting a basgn!ni~g
relm~sentotive;
· I/we will not reqnire an empinyee, individmdly or in a p~up, to attond a meeting or on event that is intonded to
influence his or her decision in seicc~ng ornot sel~ting a bL~ninln$ ~tJve;
· I/we undemand my/our obligation to limit disruptions caused by pr~cognition labor dislmt~s through the
adoption of nonconfmntationni pmcedmas for the ruolmion of prerecngni~ion labor disputas wi~ employe~
ongaged in the production of goods or the r~ of service~ for the County; and
· I/we have or will adopt any or all of the abow-mfere~c~d proondurcs, or their fimctional eqnivalont, M emum
the efficient, tln~ly, and quality provision ofgnods and services to the County. I/we shall include a list of asid
Fr edmu in such c ificati .
The Union Organizing Law does not apply to this contract for the following reason(s):
Check if
Applicable
OO~-t.O i
Suffolk County, New Yonk
DelmUnent of Labor
Section Ill
Contractor Name:
In the event Shy pm of thc Union Organiz~ Law, Chapter 466 of the Laws of Suffolk County, is found by · court of competent
jutisd~on ~o be preempted by federal and/or state law, this cerfificafion/declar~on ~!~ be void ab initio.
Seetioa V
I dechu~ under)~ty of perjtuy under the Laws of the State of New York that the undersigned is authorized to provid~ this
Authorized Signature Date
Print Name and Title of Authorized Re]~ntative
DOL.LOI (3/$/08)
Certification Regarding Lobbying
For Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No State or Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence
legislation or appropriation actions pending before local, State and Federal executive
and/or legislative bodies in connection with the awarding of any contract, the making of
any grant, the making of any loan, the entering of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any contract, grant
loan, Or cooperative agreement.
(2) If any funds other than State or Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence legislation or
appropriation actions pending before local, State and Federal executive and/or
legislative bodies in connection with this contract, grant, loan or cooperative agreement,
the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to
Report Lobbying", in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, T~le
31, U.S. Code. Failure to file the required certification shall be subject to civil penalty by
the Federal govemment of not less than $10,000 and not more than $100,000 for each
such failure.
Signature of Official Authorized
To Sign Application
Name of Grantee
CONTRACTOR NAME
·ADDRESS
STATEMENT OF OTHER CONTRACTS·
Town o~ Southold 'senior. Services
750 PacifiC' Street, P'0' 'Box 85, -Mattituck, New York 11952
CONTACT
Karen McLauqhlinr Director. PHONE'NUMBER 631. 298-4460
. AGReeMENT ,
PROGRAM' 'NUMBER *CONTRACTW!TrH' TERMOFAGR.~MENT AMOUNT I
III-C-1 Congregate NO-001-6797-4980 Suffolk County Office for. 01[01/09 - 12/3'1/09 pending
Nutritio~ Program, ,. 95 284~1792 . the'Ag~Bg 1/1/08 - 12/31/08' $ 73,094.00
lll-c~2.Home..De~i.ve~ed' No-001-6776-3~30 Suffolk'County Office for 1/1/08 - 12/31/08 $ i59;.~07.00
Meal Program " ~'95 2B4~1792. the Aging 01~01~09 - 12/31/09-'penq~g
Transportation NO - 001-6806 suff01kCounty Office for ·
"Assistance Program. ~980-95285-1~89' the ~ging~ .4/!/08 - 3/31/09. $ ' 10,3~1.00
CSE Residential Repair' 'No-00t-6777-4980 ..
''Proqram 95285-0605 '"' Suffolk County office for '4/1/08 - 3/31/09 $ 20,400.00'
the &~i~
· Indicate (al type of organiZation ~ County,'State, Federal or Other and (b) name of Departmen[ Agenc~ or Organization /" ~-..
· : STATEMENT OF OTHER cONTRACTS 05
KAREN MeI. AUGHLIN
Town Director of Human
Se~ices
Town of Southold
750 Pacific Street
P.O. Box 85
Matfituck, NY 11952
Tel. (631) 2984460
Fax (631) 2984462
Nutrition Program
Home Delivered Meals
Case Maaagemeat
Essential Transportation
Senior Adult Day Caxe
Alzheimer's Day Care
Telephone Reassurance
Residential Repair
July 15, 2009
Elizabeth Tesofiero, CPA
Executive Director of Auditing Services
Contract Compliance Unit
Room S-232
Evans K. Gtiffing Building
300 Center Drive
Riverhead, NY 11901
Dear Ms. Tesoriero:
Enclosed please find the completed Contract Agency Disclosure Forms for the CSE
Residential Repair, IH-C Nutrition and Transportation Assistance programs for the Town
of Southold. I have not included the Town's audited financial statements for 2008 as they are not
yet completed. Our Town Comptroller, John Cushman, informed me that once the statements are
completed we would gladly forward them to you.
In closing, if you have any questions or need further information regarding the enclosed
disclosure forms, please contact me at 298 ~.~.60 or call John Cushman, Town Comptroller at
765-4333. We would be happy to assist you.
~n McLaughh"ff
Director of Human See
cc: John Cushman, Southold Town Comptroller
Elizabeth Neville, Southold Town Clerk ~/~
RECEIVED
JUL 2 7
~euthol~ To~ Cie&
COUNTY OF SUFFOLK
OFFICE OF THE COUNTY COMPTROLLER
JOSEPH SAWICKI, JR.
Comptroller
June 12, 2009
Ms. Karen McLaughlin
Town of Southold
Town Hall - Main Road
Southold, NY 11971
Dear Ms. McLaughlin:
In accordance with Suffolk County Local Law No. 9-2001, "A Charter Law To Require
Annual Expenditure Disclosure For Contract Agency Funding," your agency is required to
complete the attached Contract Agency Disclosure Form(s).
Instructions for the completion of the form are attached for your convenience. Each form
includes agency and program data that was entered based on information provided by the County
department responsible for the oversight of your contract. A separate form should be completed
for each of your contracts with Suffolk County. If you have any questions regarding completion
of the form, please call either 631-852-2064 or 631-852~2062.
Please complete and return the disclosure form(s), along with a copy of your agency's
most recent audited financial statements to the following address, no later than July 31, 2009.
Suffolk County Comptroller's Office
Contract Compliance Unit - Room S-232
Evans K. Griffing Building
300 Center Drive
Riverhead, NY 11901
Failure to comply with this request may result in a recommendation to eliminate funding
for your program(s) in the County's 2010 operating budget.
Thank you for your anticipated cooperation.
Very truly yours,
Elizabeth Tesoriero, CPA
Executive Director of Auditing Services
CONTRACT COMPLIANCE UNIT- ROOM S-232 * EVANS K. GRIFE1NG BUILDING · 300 CENTER DRIVE · RIVERHEAD, NY ! 1901
(631) 852-2064 Fax (631) 8~2-2066
CONTRACT AGENCY DISCLOSURE FORM
(For 2010 Budget Process)
Contract Agency Information Page 1 of 4
Before completing this form, please read the instructions in order to ensure that
accurate, relevant and consistent information is provided. If you have any questions
regarding completion of this form please refer to the contact information in the attached
letter.
Please Note: In addition to completing this form, please be sure to provide Audited or
Unaudited Financial Statements, IRS Form 990 or a Profit/Loss Statement for your most
recent fiscal year.
Suffolk County Offic~ Use Only
Entered By
Financial Statement Type:
16098
I
IEXECU~IVE
Ioffice for the Aging
Control Number
Activity Code
Department
Division
Notes: I
Object 4980[~
If any of the information below has changed, you may cross out the printed information and fill
in the correct information.
Contract Amount:
Contractor Name:
2008 Actual: I
Town of Southold
Program Name: ITransportation Assistance Program
I
Contractor Phone Number:
Contractor Contact Name:
Contractor Street Address:
Contractor City Address:
Contractor State Address:
Contractor Zip Code:
$10,361 2009 Estimate:
l(631) 298-4460
IKaren McLaughlin
53095 Main Road, P.O. Box 1179
ISouthold
11971
Extension: I
$10,361
Control Number
i
Activity Code I
Contract Program Revenues
Part 1 - Government Grants
1) Total amount of revenue received fi.om Suffolk County for Contract
Program.
Page 2 of 4
2008 Actual 2009 Estimated
8,633.79 1 $ 4,986. O0
Total revenue received directly fi.om State Government for the [
2)
Contract Program. Please identify names and amounts of grant(s):
Total revenue received directly fi.om Federal Government for the [
3)
Contract Program. Please identify names and amounts of grant(s):
4) Total revenue received directly fi.om all other Municipalities for the
Contract Program. Please identify names and amounts of grant(s):
Town of Southold
0 I 0
Part 2 - Medicare/Medicaid, Fundraising and All Other Revenues
5) Total revenue received from Medicare/Medicaid for the Contract ~] .... o I
0
Program.
6) Total Fund Raising revenue received for the Contract Program.
7) Total amount of other revenues received for the Contract Program.
Please identify types of revenues and amounts below:
Voluntary Participant Contributions
8) Total Contract Program Revenue (Add I~nes 1-7) I$ l1,680,30 I ~5,881.00
Control Number [ Activity Code [
Contract Program Expenses
Part 3 - Direct Contract Program Expenses 2008 Actual
9) Direct Contract Program Salaries I $ 9,695.61
10) Direct Contract Program Fringe Benefits [ 777.69
11) Direct Contract Program Fee for Service I 0
12) Direct Other Contract Program Expenses I 1,2 o7. o o '
13) Total Direct Contract Program Expenses I $ 11,680.30
(Add Lines 9 through 12)
Page 3 of 4
2009 Estimated
I$ 14,289.00
592.00
o
1,000.00
$ 15,881.00
Part 4 - Administrative Contract Program Expenses
14) Administrative Contract Program Salaries
15) Administrative Contract Program Fringe Benefits
16) Administrative Contract Program Fees
17) Other Administrative Contract Program Expenses
18) Total Administrative Contract Program Expenses
(Add Lines 14 through 17)
19) Total Contract Program Expenses
(Add Lines 13 and 18)
2008 Actual 2009 Estimated
I$ 15,881.00
20) Please provide a short description of your Direct Contract Program Expenses:
Part 5 - Top 5 Agency Salaries Exceeding $100,000
Employee Name Employee Title
Amount of Salary
Charged to the
2008 Salary Contract Proi/ram
!
Control Number I Activity Code I
Agency Information
Part 6 - Financial and Other Agency Information
21) Total Agency Support and Revenues
22) Total Agency Expenses
23) Total Agency Net Income/(Loss) (Line 2~ ~us Li.e 22)
Net Income Calculator -->
24) Please indicate your fiscal year if it is not the calendar year:
25a) Is your agency affiliated with any other corporations ? (Yes / No)
25b) If yes, name corporation(s), and explain your agency's affiliation:
Page 4 of 4
2008 Actual 2009 Estimated
32,354,833. ]$ 34,991,755:
134,079,27x. ] 37,001,755.
2008 Actual
26) Total Agency Administrative Expenses I * 4 7 9,6 9.
2009 Estimated
$ 5,853,150.
27) Does your Agency: (Check all that apply, if none apply please check the box marked not applicable)
[] Administer a co~s of volunteers [] Administer the collection and distribution of food to
[~ Administer federal, state or other pass through funding the needy
[] Disseminate educational materials for a public purpose [] Not Applicable for my Agency
Form Prepared By
I Karen McLaughlin
Agency Program Contact
I Karen McLaughlin
28) I certify that enclosed herein, along with my disclosure form, is my Agency's most recent
financial report (audited or unaudited Financial Statements, IRS form 990 or Profit/Loss
Statement); audited Financial Statements are required, if available. I understand th~ t if the
required financial report is not enclosed my Agency will be deemed.,afln~Compliant ~- ~i~ I have
submitted the required report to the Comptroller's Office.
Title Phone Number
I Town Director of Human Serv]ces 631 298-4460
Title Phone Number
..... i':owL D~r C o; Of Hu~a~ ' I , ....
e t Serv ces 631 298-4460
If you would prefer to be contacted via E-mail, please enter an E-mail address where we may contact you in
the event that we have any questions regarding the completion of this form (Optional):
karen, mc laughlin@town, southold, ny. us
I certify, to/~e best of my knowledge and belief, that all of the information provided on this form is true and
Supervisor, Town of Southold
Sign Name Title Date
CONTRACT AGENCY DISCLOSURE FORM
(For 2010 Budget Precess)
Contract Agency Information Page 1 of 4
Before completing this form, please read the instructions in order to ensure that
accurate, relevant and consistent information is provided. If you have any questions
regarding completion of this form please refer to the contact information in the attached
letter.
Please Note: In addition to completing this form, please be sure to provide Audited or
Unaudited Financial Statements, IRS Form 990 or a Profit/Loss Statement for your most
recent fiscal year.
Control Number
Activity Code
Department
Division
Fund 1001
16086
I
EXECUTIVE
10ffice for the Aging
Agency IEXE
Suffolk Coun~ Or, ce Use Only
Entered By I Reviewed By I Date Received
Financial Statement Type:
Notes:
Org [6790 Object [4980
If any of the information below has changed, you may cross out the printed information and fill
in the correct information.
Contract Amount: 2008 Actual: I
Contractor Name: [Town of Southold
Program Name: [IIIC Nutrition
Contractor Phone Number: [(631) 298-4460
Contractor Contact Name:
Contractor Street Address:
Contractor City Address:
Contractor State Address:
Contractor Zip Code:
$232,701 2009Estimate: I $237,335
Extension:
Karen McLaughlin
53095 Main Road, P.O. Box 1179
Southold
[NV
11971
(Jontrol Number [ Page 2 of 4
Activity Code I
Contract Program Revenues
Part 1 - Government Grants
1) Total amount of revenue received from Suffolk County for Contract
Program.
2008 Actual
$ 232/701.
2009 Estimated
I$ 243.,678.00
2) Total revenue received directly from State Government for the
Contract Program. Please identify names and amounts of grant(s):
3) Total revenue received directly from Federal Govemment for the
Contract Program. Please identify names and amounts of grant(s):
4) Total revenue received directly from all other Municipalities for the
Contract Program. Please identify names and amounts of grant(s):
Town of $outhold
[ $ 470,527.3-2 [ $ 409,546.58
Part 2 - Medicare/Medicaid~ Fundraising and All Other Revenues
5) Total revenue received from Medicare/Medicaid for the Contract
Program.
6) Total Fund Raising revenue received for the Contract Program.
7) Total amount of other revenues received for the Contract Program.
Please identify types of revenues and amounts below:
Volu~n~grY~ contributions/participant income
8) Total Contract Program Revenue (Add Lines 1 - 7)
I I 0
3-32,200.00
15804,256-40 I $783,424.58
Control Number [
Activity Code I
Contract Program Expenses
Part 3 - Direct Contract Program Expenses
9) Direct Contract Program Salaries
10) Direct Contract Program Fringe Benefits
11) Direct Contract Program Fee for Service
12) Direct Other Contract Program Expenses
2008Actual
I$ 576,163.97
l$184,o s.89
I $ 804,256.40
13) Total Direct Contract Program Expenses
(Add Lines 9 through 12)
Page 3 of 4
2009 Estimated
[ $ 535,647.54
l$ 40,977.04
$ 206,800.00
$ 783,424.58
Part 4 - Administrative Contract Program Expenses 2008 Actual
14) Administrative Contract Program Salaries
15) Administrative Contract Program Fringe Benefits
16) Administrative Contract Program Fees
17) Other Administrative Contract Program Expenses
18) Total Administrative Contract Program Expenses
(Add Lines 14 through 17)
19) Totai Contract Program Expenses
(Add Lines 13 and 18)
2009 Estimated
I
'l'
20) Please provide a short description of your Direct Contract Program Expenses:
Part 5 - Top 5 Agency Salaries Exceeding $100~000 Amount of Salary
Charged to the
Employee Name Employee Title 2008 Salary Contract Proeram
Control Number ] Activity Code I
Agency Information
Part 6 - Financial and Other Agency Information
21) Total Agency Support and Revenues
22) Total Agency Expenses
2008 Actual
I$ 32~354,833.
'
34,079:;.271.
23) Total Agency Net Income/(Loss) (Li.c 2~ ,xmus Line 22)
Net Income Galeulator -->
24) Please indicate your fiscal year if it is not the calendar year:
25a) Is your agency affiliated with any other corporations ? (Yes / No)
25b) If yes, name corporation(s), and explain your agency's affiliation:
1,724,438.)
Page4 of 4
2009 Estimated
I $ 34,991,755.
I 37,001,755.
I($2,010,000.)
2008 Actual 2009 Estimated
26) Total Agency Administrative Expenses [$ 5,479,659. I $ 5,853,150.
27) Does your Agency: (Check all that apply, if none apply please check the box marked not applicable)
[] Administer a corps of volunteers
[~ Administer federal, state or other pass through funding
[] Disseminate educational materials for a public purpose
28) I certify that enclosed herein, along with my disclosure form, is my Agency's most recent
financial report (audited or unaudited Financial Statements, IRS form 990 or Profit/Loss
Statement); audited Financial Statements are required, if available. I understand that if the
required financial report is not enclosed my Agency will be deemed Non-Compliant until I have
submitted the required report to the Comptroller's Office.
Initials
Form Prepared By Title Phone Number
Agency Program Contact Title Phone Number
If you would prefer to be contacted via E-mail, please enter an E-mall address where we may contact you in
the event that we have any questions regarding the completion of this form (Optional):
karen, mc laughlin@town, southold, ny. us
I certify, t~lhe best of my knowledge and belief, that all of the information provided on this form is true and
correcy/
~ Supervisor, Town of Southold
Sign Name Title Date
[] Administer the collection and distribution of food to
the needy
[] Not Applicable for my Agency
CONTRACT AGENCY DISCLOSURE FORM
(For 2010 Budget Process)
Contract Agency Information Page 1 of 4
Before completing this form, please read the instructions in order to ensure that
accurate, relevant and consistent information is provided. If you have any questions
regarding completion of this form please refer to the contact information in the attached
letter.
Please Note: In addition to completing this form, please be sure to provide Audited or
Unaudited Financial Statements, IRS Form 990 or a Profit/Loss Statement for your most
recent fiscal year.
Control Number
Activity Code
Department
Division
Fund 1001
16962
N/A
EXECUTWE
[Office for the Aging
Agency IEXE
Suffolk County Office Use Only
Entered By [ Reviewed By [ Date Received I
Financial Statement Type: [ Notes: [
Org 16777 Object 14980
If any of the information below has changed, you may cross out the printed information and fill
in the correct information.
2008 Actual: I $20,400 2009 Estimate: I $25,700
Contract Amount:
Contractor Name:
Program Name:
Contractor Phone Number:
Contractor Contact Name:
Contractor Street Address:
Contractor City Address:
Contractor State Address:
Contractor Zip Code:
ITown of Southold
ICSE - Residential Repair
[(631) 298-4460
IKaren McLaughlin
53095 Main Road, P.O. Box 1179
ISouthold
11971
Extension: I
Control Number [ Page 2 of 4
Activity Code [
Contract Program Revenues
Part 1 - Government Grants
1) Total amount of revenue received from Suffolk County for Contract
Program.
2008 Actual 2009 Estimated
[ $ 12,756.93 t $ 20,400.00
2) Total revenue received directly from State Government for the
Contract Program. Please identify names and amounts of grant(s):
I o I 0
3) Total revenue received directly from Federal Government for the
Contract Program. Please identify names and amounts of grant(s):
4) Total revenue received directly fi'om all other Municipalities for the
Contract Program. Please identify names and amounts of grant(s):
Town of $outhold
[ o I o
$ 3,901.87 I $ 452.34
Part 2 - Medicare/Medicaid~ Fundraising and All Other Revenues
5) Total revenue received from Medicare/Medicaid for the Contract I o I
0
Program.
6) Total Fund Raising revenue received for the Contract Program.
7) Total amount of other revenues received for the Contract Program.
Please identify types of revenues and amounts below:
Voluntary participant contributions
1,400. I 3,500.
8) Total Contract Program Revenue (Add Lines l - 7) I $ 18,058.80 [ $ 24,352.34
Control Number [ Activity Code [
Contract Program Expenses
Part 3 - Direct Contract Program Expenses 2008 Actual
9) Direct Contract Program Salaries
10) Direct Contract Program Fringe Benefits
11) Direct Contract Program Fee for Service
12) Direct Other Contract Program Expenses
13) Total Direct Contract Program Expenses
(Add Lines 9 through 12)
Page 3 of 4
2009 Estimated
I, 16,187.4s I$ 22,621.77
I 0 0
I $ 18,088.80 J $ 24,352.34
Part 4 - Administrative Contract Program Expenses 2008 Actual 2009 Estimated
14) Administrative Contract Program Salaries
15) Administrative Contract Program Fringe Benefits
I
n
16) Administrative Contract Program Fees I
17) Other Administrative Contract Program Expenses J
18) Total Administrative Contract Program Expenses J
(Add Lines 14 through 17)
I
19) Total Contract Program Expenses
(Add Lines 13 and 18)
20) Please provide a short description of your Direct Contract Program Expenses:
Part 5 - Top 5 Agency Salaries Exceeding $100~000
Amount of Salary
Charged to the
Employee Name Employee Title 2008 Salary Contract Program
3.
Control Number I Activity Code [
Agency Information
Part 6 - Financial and Other Agency Information
21) Total Agency Support and Revenues
22) Total Agency Expenses
Page4 of 4
2008 Actual2009 Estimated
I 34,079,271.I 37,00x,yss.
23) Total Agency Net Income/(Loss) (Li,e 21 minus Line 22) ($ 1,7 2 4,4 3 3. )
Net Income Calculator -.>
24) Please indicate your fiscal year if it is not the calendar year: [
25a) Is your agency affiliated with any other corporations ? (Yes / No) I
25b) If yes, name corporation(s), and explain your agency's affiliation:
I ($2,010,000.)
2008 Actual 2009 Estimated
26)
Total
Agency
Administrative
Expenses
27) Does your Agency: (Check all that apply, if none apply please check the box marked not applicable)
[] Administer a corps of volunteers
~Administer federal, state or other pass through funding
[] Disseminate educational materials for a public purpose
[] Administer the collection and distribution of food to
the needy
[] Not Applicable for my Agency
28) I certify that enclosed herein, along with my disclosure form, is my Agency's most recent
financial report (audited or unaudited Financial Statements, IRS form 990 or Profit/Loss
Statement); audited Financial Statements are required, if available. I understand that if the
required financial report is not enclosed my Agency will be deemed No~mpliant until I have
submitted the required report to the Comptroller's Office. /e~}~. )
Form Prepared By Title Phone Number
Karen
Agency Program Contact Title Phone Number
I I I
Karen McLaughlin Director of Human Services 631 298-4460
If you would prefer to be contacted via E-mail, please enter an E-mail address where we may contact you in
the event that we have any questions regarding the completion of this form (Optional):
I certify, to the best of my knowledge and belief, that all of the information provided on this form is true and
ColTeet.
~~ Supervisor, Tow~ of Southold 7/r~//O~.
S Title Date
County of Suffolk
Steve Levy
Suffolk County Executive
Office for the Aging
Holly S. Rhodes-Teague
Director
November 16, 2009
The Honorable Scott A. Russell
Supervisor
Town of Southold
53095 Main Road, PO Box 1179
Southold, New York 11971
RE: AAA Transportation Program
IFMS No. SC EXE 00000003727
Dear Supervisor Russell:
The fully executed Agreement referenced above is enclosed for your files.
Attached is a copy of All Department Heads Memorandum 30-97 explaining budget
modification requirements. Any budget modification not meeting these requirements may
be delayed or rejected by the Budget Office.
Also enclosed find the Notification of Rights, which must be posted as part of your
compliance with Local Law No. 12-2001, the Living Wage Law.
If you require any further information, please contact Mary-Valerie Kempinski at 853-8209.
Sincerely,
(JJoanne Kandell
Principal Accountant
JK:MVK:sl
Enc.
cc: Karen McLaughlin
G:lSLEt'lMVKform,~tterstLtr4Bfu#yexeC ADH NOR. TownCC.doc
H, LEE DENNISON BUILDING · 100 VETERANS MEMOKIAL HIGHWAY · P.O BOX 6100 · HAUPPAUGE, N. Y. 11788-0099 · (631) 853-8200
FAX 853-8225
OVER 35 YEARS AS THE DESIGNATED AREA AGENCY ON AGING PROVIDING SERVICES FOR OLDER CITIZENS
OFFICE OF THE COUNTY EXECUTIVE
.T'n;-~ memorandum applies to those de.~oarlmcnts who pay contract agencies from the Op~ing
Budget 4770 or 4980 objects.
On August 29, 1995, ADH 47-95 was issued to resolve problems whicl~ had dcv¢lop~d regarding
the proe~ures and req~n-.ments for modi~fing contra~t agency budgets. In early 1997, there
wcrc again pro~.~ with timeliness and the reasons for modifications for ~ d~arlments
involving 1996 contracts. -
Departments who 'deal with contract agencies have a major responsibility i~ the pmcessiag of
contract budget m(xtifications. Therefore, the attached procedures, which take effect with all
I$~)7 contracts should be closely followed. Please. distribute these procedures to all ofyo~
conRact agencies.
~Ex~er.e are any questions regarding this ADH, please contact your department's Budget
Chief Deputy County Executive
Distribution'
Department Heads
Attachment
B UD GET MODIFIC. d Tf OYV, fl
Non-equipment requeSts for contract budge~ modifications tnns~ be received d th~ Count~
Executive's Budget Offfc~ no later than 45 calendar days prior to the end of the contract
fiscal year. Equipment modifications must be received 90 calendar days prior to the end
of the contract fiscal year. .
Under no circumstance; can ex endi · · · ·
p turea for which a budget mo&ficaUon ~s being
requeSted be made prior to the approval of the modification by the Budget Office.
An agency will be restricted to three approved modifications per year.
Each line item requeSted to be modified must be'fullyjust~fied and must be directly
related to the intent of the program. '
Any transfers to increase ~lary rates ofc~ntract cm;loye, cs, cre~e new posiaom, or
chic ~e rifle ofa posifio~ m~ b~ ~b~ prior to ~e ~o ~e be~ ~v~ or
· e position berg fill~
~c o~y ~fion ~pli~ to a ~a~ve ~r a~eat bc~ m ag~cy ~d ~ek '
~ion b~g~g ~s).
6. Budget modifications c~nnot iacrease the del/ar amount ofthe'conLract.
PROCEDURE:
Four copieS of the proposed budget modification and one copy ofthejnstificetion,
including a letter from the ageacy requeSting thc change, should be forwarded to the
Budget Ot~c~ with thc depadmenfs recommendation within f~e~x'(15) calendar
days of receipt of the request by the departm~L
Thc justification must include the effect of thc modification on ~he pmgram,'cha~es in
the available reimbursement to IBc County, if any, the additional dollar amount which
will be paid to the agency, and thc dollar amount of reimbursement to the County, if'the
modification is approved. ·
If.the contract is funded under a Federal or State grant, or State roimburse.~ent, the
Department Head must hdvise ia the transmittal memo whether State or Federal approval
for the modification is required and whether the attached documentation showing the
changc has been approved by the funding agency.
The budget modification format must indicate the linc item, the current budget amount,
the amount spent year to date, the new amount of the line item and the dollar amount of
the change, .
NOTIFICATION OF RIGHTS UNDER
THE LIVING WA GE LAW
According to the provisions of Local Law # 12-2001 (the Living Wage law) enacted
by Suffolk County in July of 2001, a living wage rate was established. The Living
Wage shall be adjusted each year in proportion to the increase of the area
Consumer Price Index. Effective July 1, 2008, the Living Wage will increase to
$10.69 per hour with health benefits and $12.17 per hour without health benefits
for covered employees of an agency receiving financial compensation through the
County. The law also mandates that full time workers receive at least 12
compensated days off per year through any combination of sick, vacation or
personal leave and includes paid holidays provided by the employer.
The Suffolk County Department of Labor has been designated as the agency to
administer this law and to this end has established a Living Wage Unit. Further
information concerning the parameters of the Living Wage law may be obtained by
contacting this Unit (631-853-3808) or accessing the Suffolk County web page at
www.co.suffolk.ny.us/labor and following the link to the Living Wage section. All
inquiries will remain confidential.