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Home My WebLink AboutTransportation Assistance ProgramRESOLUTION 2010-807 ADOPTED DOC ID: 6268 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-807 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 5, 2010: 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~ Office for the Aging for the Town to receive funding under the Transportation Assistance Program, IFMS No. SC EXE 0000000 No. 001-6806-4980-95285, for the period April 1, 2010 through March 31,2011 (with three 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: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Law - -020 Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 q.~,,~ No. 001-6806-4980-95285-~ 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 ("Department"), having its principal office at the H. Lee Dennison Building - 3~d Floor, 100 Veterans Memorial Highway, Hauppauge, New York (Mailing address: P.O. Box 6100, Hauppauge, New York 11788-0099); and 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 an AAA Transportation Program ("the Services") as set forth in Article I, entitled "Description of Services." Term of the Contract: April 1,2010 through March 31,2011; with an option for three one-year extensions, to be exercised at the County's discretion, on the same terms and conditions herein. Service Levels: 1,100 Units of Transportation Service 130 Elderly Served, Unduplicated Total Cost of the Contract: Shall not exceed $4,952, as set forth in Article VI and Exhibit 6, 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 partias hereto have executed the Contract as &the latest date written below. Town of Southold ScotiA. ~u~s~li-- - Supervisor Fed. Taxpayer ID #: 11-6001939 Date /C)~ '7~ (C) p~nalties of p~r~u~ ~at~ ~ ~ o~r of ~ ~ . ~ ~ ~/~, ~at I haw mad ~d 1 ~ f~ili~ wi~ ~A5-7 of A~iolo V of ~e Suffolk CounW meeu an requi~ua~i~ for ~jT~eunaer. Signature ~ App~v~ as to L~ali~: Ch~fine M~lafi, Coun~ A~o~ey By: Jacquel~e Ca~~ Assist~t CounW A~ome~ County of S~//~ By: f .~/~.~.4.~x~ Title: Deputy C~n~ Executive Date: ./ // , // C') Approved: Department Holly Rl~-Teatue - - - //"~ Director, ~Sfficeqfor t~e Aging Date Recommended: By: Ann~ Prencipe Food Service Supewisor Date /6/t q°//O lillllllillilllll 0006904 1 of 30 pages AAA Transport Sohld TEMPlaTE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- List of Articles Page # Article I ................................................................................................................................................................. 5 Description of Services ......................................................................................................................................... 5 Article IA .............................................................................................................................................................. 8 Grievance Procedures ........................................................................................................................................... 8 Article II .............................................................................................................................................................. 10 Definitions ............................................................................................................................................................ 10 1. Meanings of Terms ............................................................................................................................. 10 2. Elements of Interpretation ................................................................................................................... 11 Article III ............................................................................................................................................................ 12 General Terms and Conditions .......................................................................................................................... 12 1. Contractor Responsibilities ................................................................................................................. 12 a. Duties and Obligations .................................................................................................................. ~ ......... 12 b. Qualifications, Licenses, and Professional Standards .............................................................................. 12 c. Notifications ............................................................................................................................................ 12 d. Documentation of Professional Standards ............................................................................................... 12 e. Credentialing ........................................................................................................................................... 12 f. Engineering Certificate ............................................................................................................................ 12 2. Termination ......................................................................................................................................... 13 a. Thirty Days Termination ......................................................................................................................... 13 b. Event of Default; Termination on Notice ................................................................................................ 13 c. Termination Notice ................................................................................................................................. 13 d. Duties upon Termination ......................................................................................................................... 13 3. Indemnification and Defense .............................................................................................................. 13 4. Insurance ............................................................................................................................................. 13 5. Independent Contractor ....................................................................................................................... 14 6. Severability ......................................................................................................................................... 14 7. Merger; No Oral Changes ................................................................................................................... 14 8. Set-Off Rights ..................................................................................................................................... 15 9. Non-Discrimination in Services .......................................................................................................... 15 10. Nonsectarian Declaration .................................................................................................................... 15 11. Governing Law ................................................................................................................................... 15 12. No Waiver ........................................................................................................................................... 15 13. Conflicts of Interest ............................................................................................................................. 15 14. Cooperation on Claims ....................................................................................................................... 15 15. Confidentiality .................................................................................................................................... 16 16. Assignment and Subcontracting .......................................................................................................... 16 17. No Intended Third Party Beneficiaries ................................................................................................ 16 18. Certification as to Relationships ......................................................................................................... 16 19. Publications and Publicity ................................................................................................................... 16 20. Copyrights and Patents ........................................................................................................................ 16 a. Copyrights ............................................................................................................................................... 16 b. Patents ..................................................................................................................................................... 16 2 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 Il, Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- 21. Arrears to County ................................................................................................................................ 16 22. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction ........................................................................................................................................ 16 Article IV ............................................................................................................................................................ 18 Suffolk County Legislative Requirements ........................................................................................................ 18 1. Contractor's/Vendor's Public Disclosure Statement .......................................................................... 18 2. Living Wage Law ................................................................................................................................ 18 3. Use of County Resources to Interfere with Collective Bargaining Activities .................................... 18 4. Lawful Hiring of Employees Law ....................................................................................................... 18 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 ................................................................... 20 10. Work Experience Participation ........................................................................................................... 20 I 1. Suffolk County Local Laws Website Address .................................................................................... 20 Article V .............................................................................................................................................................. 21 Notices and Contact Persons .............................................................................................................................. 21 1. Notices Relating to Payments, Reports, Insurance, Indemnification, or Other Submissions ............. 21 2. Notices Relating to Termination and/or Litigation ............................................................................. 21 Article VI ............................................................................................................................................................ 22 General Fiscal Terms and Conditions ............................................................................................. ; ................. 22 1. General Payment Terms ...................................................................................................................... 22 a. Presentation of Suffolk County Payment Voucher .................................................................................. 22 b. Voucher Documentation ......................................................................................................................... 22 c. Payment by County ................................................................................................................................. 22 d. Budget Modification ............................................................................................................................... 22 e. Budget and/or Services Revisions ........................................................................................................... 22 f. Taxes ....................................................................................................................................................... 23 g. Final Voucher .......................................................................................................................................... 23 2. Subject to Appropriation of Funds ...................................................................................................... 23 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures .............................. 23 4. Accounting Procedures ....................................................................................................................... 23 5. Audit of Financial Statements ............................................................................................................. 24 6. Financial Statements and Audit Requirements ................................................................................... 24 7. Furniture, Fixtures, Equipment, Materials, Supplies .......................................................................... 25 a. Purchases, Rentals or Leases Requiring Prior Approval ......................................................................... 25 b. Purchase Practices/Proprietary Interest of County ................................................................................... 25 c. County's Right to Take Title and Possession .......................................................................................... 25 d. Inventory Records, Controls and Reports ................................................................................................ 25 e. Protection of Property in Contractor's Custody ....................................................................................... 26 f. Disposition of Property in Contractor's Custody ..................................................................................... 26 8. Lease or Rental Agreements ............................................................................................................... 26 9. Statement of Other Contracts .............................................................................................................. 26 10. Miscellaneous Fiscal Terms and Conditions ...................................................................................... 26 a. Limit of County's Obligations ................................................................................................................. 26 b. Duplicate Payment from Other Sources .................................................................................................. 26 3 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010=11 Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- c. Funding Identification ............................................................................................................................. 26 d. Outside Funding for Non-County Funded Activities .............................................................................. 26 e. Potential Revenue .................................................................................................................................... 27 f. Payments Contingent upon State/Federal Funding .................................................................................. 27 g. Denial of Aid ........................................................................................................................................... 27 h. Budget ..................................................................................................................................................... 27 i. Payment of Claims .................................................................................................................................. 27 j. Payments Limited to Actual Net Expenditures ........................................................................................ 27 k. Travel Costs ............................................................................................................................................ 27 1. Attendance at Conferences ...................................................................................................................... 27 m. Salaries .......................................................................................................... 2 ......................................... 28 n. Salar~ Increases ....................................................................................................................................... 28 o. Contractor Vacancies .............................................................................................................................. 28 p. No Limitation On Rights ......................................................................................................................... 28 q. Comptroller's Rules and Regulations ...................................................................................................... 28 Exhibits ............................................................................................................................................................... 29 Exhibit 1..Public Disclosure not applicable - see cover signature page ........................................................ 29 Exhibit 2 .Living Wage ...................................................................................................................................... 29 Exhibit 3.. Union Certification ........................................................................................................................... 29 Exhibit 4.. Lawful Hiring .................................................................................................................................... 29' Exhibit 5.. Certification Regarding Lobbying .................................................................................................. 29 Exhibit 6.. Legislative Designated Funding Applications; Budget ................................................................. 29 Exhibit 7.. Budget Modification Request .......................................................................................................... 29 Exhibit 8.. Budget/Services Revisions Approval .............................................................................................. 29 Exhibit 9.. Standard Operating Procedure A-07 Amendment 1 and Executive Order 4-04 ........................ 29 Exhibit 10 Comptroller's Rules .......................................................................................................................... 29 Exhibit 11 Statement of Other Contracts .......................................................................................................... 29 4 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 I ' Ia Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- Article I Description of Services AAA Transportation Program Goals of Program Thc AAA Transportation Program expands essential transportation activities for the elderly by providing assistance in meeting the transportation operating expenses related to serving the elderly, as part of the required supportive services of thc IIIC Nutrition Program and/or thc Supplemental Nutrition Assistance Program or other such programs for the elderly that provide transportation services. 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 Contract, an existing agreement to provide a service or services for the elderly in Suffolk County. B. Have an owned or contract vehicle available for the Services, either through purchase agreement or lease agreement. 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 bc denied, however, ifa person is unable or unwilling to make a contribution. The Contractor must maintain an audit trail of all incoming contributions and make monthly reports of any contributions received. Monthly contributions will be deducted from monthly expenditures to arrive at net reimbursement. All contributions must be used to enhance services. All printed materials used for thc program must include the sources of funding for the program and must include the following information: Contributions to this (these) service(s) arc free and voluntary. Services will not be denied because of inability or unwillingness to con~bute. 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 Contract and shall result in a frcczc on all monies due and owing to the Contractor until compliance by the Contractor. Services The Contractor shall provide the following transportation services: The Contractor may provide transportation other than to and from the nutrition sites on an as needed basis. This may include, but is not limited to, transportation to medical appoinlments, shopping, activities for socialization and other such activities scheduled as part of the Contractor's regular transportation program activities or by appoinlment. All transportation services shall be fumished using licensed drivers and insured and inspected vans and automobiles 5 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 mI ~k Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- 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 Contract. iii. A monthly activity schedule showing the specific lxansportation 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 repo~ng requirements, the Contractor must have adequate computer equipment and soi~ware 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 Contract must include due recognition to New York State Office for the Aging. The ConWactor 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." 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 a. Program Thc Contractor agrees to permit Aging's staff and staffof the New York State Office for the Aging to review programmatic records at any time. b. Fiscal As required, Aging's fiscal staffmay 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 documenta~ evidence including financial verification by actually observing or counting certain assets (e.g. case, food inventory, equipment and supplies) to establish their physical existence. 6 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 ~ I lea Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- Nonsectarian/Nonpartisan Declaration The Contractor agrees that all services performed under this Contract are secular and nonpartisan in nature and that no funds received pursuant to this Contract will be used for sectarian purposes or to further the advancement of any religion, candidate or partisan effort. Furthermore, the Contractor agrees that all program services are and will be available to all eligible individuals regardless of religious belief or political affiliation. End of Article I 7 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- Article IA Grievance Procedures (consisting of the following two pages) o Purpose In accordance with {}306 (a) (6) (P) of the Older Americans Act, as amended (OAA), the Suffolk County Office for the Aging has established a process for resolving complaints from older persons who are dissatisfied with or denied services funded under Title III of the Act. Notifying Participants of the Right to File a Grievance a. The Contractor shall inform all participants in the program of the right to file a grievance. A summary of the procedures, including a statement that assistance to file shall be provided to older persons, must be prominently posted at service delivery sites or offices at which participants and service applicants apply for services. Summaries must be in a format approved by Aging and shall also be written in languages other than English where required to serve the client/applicant population. Service participants shall be informed of the grievance procedures through written and verbal statements provided to them upon assessment and/or reassessment for services. b. A participant or applicant who is denied Title III services by the Contractor and the Aging program monitor must be given the reasons for the denial. The denial shall be confirmed in writing and the applicant informed oftbe right to file a grievance and to whom the grievance shall be addressed2 For services which are applied for by telephone or verbally, in person, the client may be told of the right to file a grievance verbally. Grievance Process a. Filing of grievances must follow the following process: i. Participants must submit their grievances in writing to Aging's Program Administrator. ii. The grievance should be filed within thirty (30) days of denial, reduction or termination of services, or of the event or circumstances with which the participant is dissatisfied. Aging's Program Administrator may grant an extension for good cause shown. iii. The grievance should be filed on the form approved by Aging, which shall include a written statement setting forth in detail the date, time and circumstances that are the basis of the complaint. b. Investigation and Response to Grievance: i. The designated reviewer who performs the initial review shall investigate the grievance, including, as appropriate, meeting with the grievant and other persons involved in the action(s) complained of or in the denial of services. ii. The reviewer shall review all pertinent facts and/or documents, and shall determine whether the agency action was made in accordance with lawful procedures (that is, consistent with applicable OAA and or State laws, regulations and policies) and supported by the facts. iii. The designated reviewer shall prepare and send a written response to the grievant and to Aging's Director within fifteen (15) days at, er the grievance is filed. The response shall set forth the circumstances relating to the grievance, the action requested by the grievant, the findings of the reviewer, a proposed remedial action, if any, and reason(s) for and facts relied on in the determination. 8 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95255- c. Appeal of Initial Response/Decision: i. The grievant may initiate a request for subsequent review by Aging's Director within twenty (20) calendar days following receipt of notification by the Program Administrator of the decision. ii. Aging's Director shall request copies of the initial file on the complaint in question. Aging's Director will review the materials to ensure that pertinent policies and procedures have been applied and followed. If appropriate, Aging's Director or his/her designee will meet with the older person to allow the grievant an opportunity to present information about the grievance. iii. If the policies and procedures have been adhered to, Aging's Director will not overturn the decision of the Program Administrator. If proper policies and procedures have not been applied, Aging reserves the right to overturn the decision. The subsequent review shall be completed within forty-five (45) days of receipt of the request by the older individual and the grievant will be notified in writing of the result of the subsequent review. Record Keeping Aging shall keep the records of the grievance and its handling for six (6) years following the conclusion of the calendar year of the occurrence. The file shall contain, at a minimum, but not limited to the initial grievance, any investigative repo~; any written response submitted by Aging or the service provider aging; any documents or other records submitted by any party; the written Initial Response of the agency, and, if applicable, the notice to the grievant of the right to an Confidentiality No information, documents or other records relating to a grievance shall be disclosed by program staffor volunteers in a form that identifies the grievant without the written informed consent of the grievant, unless the disclosure is required by court order or for program monitoring by authorized agencies. -- End of Text -- 9 of 30 pages AAA Transport Sohld TEMPI~ATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- 1. Meanings of Terms Article II Definitions The Contractor's bankruptcy or insolvency; or The Contractor's failure to cooperate in an Audit of Financial Statements; or 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 intandcd revenues and expenditures necessary to render the Services. "Budget Deficiency Plan" means an analysis of the cost of the Services, ehangas in fiscal conditions, and required modifications to the Contract to continue to render the Services. f. ho The Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfeasance in finaneiai record keeping arising out of, or in connection with, any contract with the County; or The Contractor's failure to submit, or failure to timely submit, doenmentation 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 Any condition the County determines, in its sole discretion, that is dangerous. "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 the County. "Contractor" means the signatory corporation, its officers, officials, employees, agents, servants, sub-centractors and any successor or assign of any one or more of the foregoing performing the Services. "County" means the County of Suffolk, its departments and agencies. "Federal" means the United States government, its departments and agencies. "Fringe Benefits" 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 pursuant to any lawful obligation. "Legislature" means the Legislature of the County of Suffolk. "County Attorney" means the County Attorney of the County of Suffolk. "Department" means the signatory department approving the Contract. "Management Letter" means a letter, certified as true by the Contractor's certified public 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. "Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying, as the case may be, under Section 7201 and Section 7203 oftbe State Education Law, respectively. "Event of Defunlt" means The Contractor's failure to perform any duly required of it under paragraphs I(b)-(e) of Article III oftbe Contract; or bo The Contractor's failure to maintain the amount and types of insurance required by the Contract; or "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 thc 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 thc County, Federal, or Stat£ governments, or a Municipal Corporation, and (i) which are currently in effect or (ii) which have expired within the past twelve (12) months and have not been renewed. The Contractor's failure to comply with any "Suffolk County Payment Voucher" means the document Federal, State or local law, role, or regulation, authorized and required by the Comptroller for release of payment. and County policies or directives; or 10 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program "Term" means the time period set forth on page one of the Contract and, if exercised by the County, the option period. IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- 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 ~ them in the Contract. End of Text for Article II 11 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transpo~afion Program Article !!I General Terms and Conditions Contractor Responsibilities a. Duties and Obligations i.) It shall be the duty of thc Contractor to discharge, or cause to be discharged, all of its responsibilities, and to administer funds received in tho interest of the County in accordance with the provisions of tho 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. 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 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 County, but in no event shall such notification be later than five (5) days after a license holder has lost the license required to qualify the license holder or the Contractor to perform the do IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- iii,) Services. In the event that the Contractor is not able to perform the Services due to a loss of tieense, 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. Documentation of Professional Standards The Contractor shall maintain on file, in one location in Suffolk County, all 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 twenty-four (24) hours notice. 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, refftstration, certification, or license, Drug Enforcement 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 a~er 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 I 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. Engineering Certificate 12 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program In the event that the Contract requires any Engineering Services, the Contractor shall submit to the County, no later than the due date for submission for approval of any engineering work product, thc 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 thirty (30) days notice. b. Event of Default; Termination on Notice i.) ii.) The County may immediately terminate the Contract, for cause, upon such terms and conditions it deems appropriate, in the Event of Default. If the Contractor defaults under any other provision of the Contract, the County may terminate the Contract, on not less than five (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 V of the Contract. d. Duties upon Termination i.) The Contractor shall discontinue the Services as directed in the termination notice. ii.) iii.) The County shall pay the Contractor for the Services rendered through the date of termination. The County shall be released from any and all liability under thc Contract, effective as of the date of the termination notice. iv.) IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- Upon termination, the Contractor shall reimburse the County the balance of 13 of 30 pages any funds advanced to the Contractor by the County no later than thirty (30) days after termination of the Contract. The provisions of this subparagraph shall survive thc 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 III. Indemnification and Defense ao The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, tines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses caused by the negligence or any acts or omissions 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. bo The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing the Services. 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 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 asseaed for infringement of copyright. co Thc Contractor shall defend the County, its agents, servants, officials, and employees in any proceeding or action, including appeals, arising out of, or in connection with, the Contract, and any copyright infringement proceeding or action. At the County's option, thc County may require the Contractor to pay reasonable attoroeys' fees for the defense of any such suit. ao Thc Contractor shall continuously maintain, during the Term of the Contract, insurance in amounts and types as follows: i.) Commercial General Liability AAA Transport Sohld TEMPI~ATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program 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 insored. 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. The 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 for the benefit of such employees as am required to be covered by thc provisions of the Workers' Compensation Law. iv.) Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per-occurrence or claims-made coverage basis. bo 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 AM. Best rating orA- or better. The Contractor shall furnish to the County, prior 7. 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 14 of 30 pages IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- with the aforesaid insurance requirements. In the case of commercial general liability insurance, the Contractor shall furnish to the County, prior to the execution of the Contract, 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. eo All evidence of insurance shall provide for the County to be notified in writing thirty (30) days prior to any cancellation, nonrenewal, or material change in the policy to which such evidence relatus. It shall be the duty of the Contractor to notify the County immediately of any cance0ation, nonranewal, 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 appropriatu and deduct the cost thereof from a Fund Source. 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 Independent Contractor Thc Contractor is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding anything herein, the Contract shall not be construed as creating a prineipal-agant relationship between the County and the Contractor or the Contractor 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 circumstance, shall be held invalid or unanforecable 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 bc 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 AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program modification of the Contract shall be valid unless in written form and executed by both parties. 8. Set-Off Rights The County shall have all of its common law, equitable, and statutovd 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-offrights subject to approval by the County Attorney. In eases ofset-offporsuant to a Comptroller's audit, the County shall only exercise such right after the finalization thereof, and only after consultation with the County Attorney. 10. 9. Non-Discrimination in Services 11. ao bo 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 12. 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 reenipt of the Services provided pursuant to the Contract; or iv.) restrict an individual in any way from 13. 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 conditions 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 14. 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 ora particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, in determining: i.) the Services to be provided, or 15 of 30 pages IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- ii,) iii.) 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. 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. Governing Law The Contract shall be governed by and construed in accordance with the laws of the State of New York, without regard to eunflict ofinws. Venue shall be designated in the Supreme Court, Suffolk County, the United States District Court for the Eastern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. No Waiver It shall not be construed that any failure or forbearance of the County to enforoe any provision of thc Contract in any particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. Conflicts of Interest The Contractor shall not, during the Term, pursue a course of cunduet which would cause a reasonable person to believe that he or she is likely to be engaged in acts that create a substantial conflict between its obligations under the Contract and its private interests. The Contractor is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue as long as the Tenn. The determination as to whether or when a conflict may potentially exist shall ultimately be made by the County Attorney after full disclosure is obtained. Cooperation on Claims The Contractor and the County shall render diligently to each other, 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. AAA Transport Sobld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program 15. Confidentiality Any document of thc County, or any document credted by the Contractor and used in rendering the Services, shall remain the properly of the County and shall be kept confidential in accordance with applicable laws, roles, and regulations. 16. Assignment and Subcontracting The Contractor shall not delegate its duties under the Contract, or assign, transfer, convey, sublet, or otherwise dispose of thc 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 herconder, (collectively referred to in this paragraph 16 as "Assignment"), to any other person, entity or thing without thc prior written consent of thc 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 thc 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 Cuntmct. No Assignment of the Contract or assumption by any person of any duty of the Contractor under thc Contract shall provide for, or otherwise be construed as, releasing the Contractor from any term or provision of the Contract. 17. No Intended Third Party Beneficiaries The Contract is entered into solely for the benefit of the County and the Contractor. No third patty shall be deemed a beneficiary of the Contract and no third party shall have the right to make any claim or assert any right under the Contract. 18. Certification as to Relationships The Contractor certifies under penalties of perjury that, other than through the funds provided in the Contract and other valid agreements with the County, there is no known spouse, life panner, business, commercial, economic, or finuneial relationship with the County or its elected officials. The Contractor also certifies that there is no relationship within the third degree of consangninity, between the Contractor, any of its partners, members, directors, or shareholders owning five (5%) percent or more of the Contractor, and the County. 19. Publications and Publicity a. The Contractor shall not issue or publish any 20. 21. 22. IFMS No. SC EXE 0000000 No. 001-6806-4980-9528.% 16 of 30 pages book, article, report, or other publication related to the Services without first obtaining written prior 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." ho 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. 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 to itself, 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 thc Contractor makes any discovery or invention during the Term, or as a result of work performed under thc Contract, the Contractor may apply for and sanure for itself patant protection. However, the County reserves to itself, 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. Arrears to County Consultant warrants that, except as may otherwise be authorized by agreement, it is not in arrears ~) the County upon any debt, contract, or any other lawful obligation, and is not in default to the County as surety. 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 Hiring 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 Requ~ts," the Contractor shall maintain the docomentafiun mandated to be kept by this law on the construedon site at all times. Employee sign-in sheets and register/log books shall be kept AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transpo~ation Program on the construction site a~ 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 constxuction site during such working hours. End of Text for Article III IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- 17 of 30 pages AAA Transport Sohld TEMPI~.TE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- Article IV Suffolk County Legislative Requirements Contractor's/Vendor's Public Disclosure Statement It shall be the duty of the Contractor m 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 saction 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 statutmy duty and that the failure to file such statement shall constitute a material breach of the Contract, for which the County shall be entitled, upon a dvtermination 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's/Vendor's Public Disclosure Statement" 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 Contrast 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 thc 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" 18 of 30 pages 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 thc 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. The Contractor shall not use County funds to assist, promote, or deter union organizing. do 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 ncutrality agreement, fair communication agreemcnt' non- intimidation agreement' and a majority authorization card agreement. If thc Services are for the provision of human services and arc not to bc pcrformcd on County property, thc Contractor must adopt, at the least, a neutrality agreement. Under the provisions 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-LOI; entitled "Suffolk County Departmcot of Labor - Labor Mediation Unit Union Organizing Certification/Declaration - Subject to Audit." Lawful Hiring of Employees Law It shall he the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 234 of the Suffolk County Code. This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered employers, (as defined), and thc owners thereof, as the case may be, that are recipients of compensation from thc County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred pement (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 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; end 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 thc 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 end to seek other remedies available under the law. The documentation mandated to be kept by this law shall at all times 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/registor/log books to indicate their presence on the site during such working hours. Required Forms: Suffolk County Lawful Hiring of Employees Law Form LHE-I; entitled "Suffolk County Department of Labor- Notice Of Applicatiun 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. 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 end warrants that it has not offered or given any gratuity to any official, employee or agent of the County or the Stata or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to th~ awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement. 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 Palicle IV of the Suffolk County Code. Such law provides that no euntrant 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. 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 A~icle IV of Chapter 577, of thc Suffolk County Co~e, entitled "Child Sexual Abuse Reporting Policy," as now in effect or emended hereal~er or of any other Suffolk County Local Law that may become applicable during the term of the Cuntmct with regard to child sexual abuse reporting policy. Non Responsible Bidder It shall be the duty of the Contractor to read, become 19 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev, 12-14-2009; AAA Transportation Program 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 ora criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty a~er a trial or a plea of gailty to an offense covered under the provision of section 143-5 oftbe Suffolk County Code under "Nunresponsible Bidder." 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. 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 11. IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- If the Contractor is a nonprofit or governmental agency or institution, each of thc 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 Chapter 211 of the Suffolk County Code 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 ConUact, the Contractor, if it is a nonprofit or governmental agency or institution, shall enter into such MOU as soon as possible aRer the execution of the Contract and failure to enter intu 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. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County website at ht~p://www, co. suffolk.n¥.us. End of Text for Article IV 20 of 30 pages AAA Traasport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program Article V Notices and Contact Persons Notices Relating to Payments, Reports, Insurance, Indemnification, 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 s6ch 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 Emall: Holly S. Rhodes-Teague Director, Office for the Aging 100 Veterans Memorial Highway Hanppauge, New York I 1788 Emall: anina.officeC&suffolkcountvnv.aov FaxNo. 631 853-8225 Contractor; At the addross sot 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. Email: karan.mclaughlin~town.southold.ny.us Fax No. (631) 298-4462 2. Notices Relating to Termination and/or Litigation ao bo 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 Altomey, at the address set forth below, copies of ail papers filed by or against the Contractor. b. Any communication or notice regarding termination shall be in writing and shall be given IFMS No, SC EXE 0000000 No. 001-6806-4980-95285- 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 Mall, Return Receipt Requested; or by Nationally Recognized Overnight Courier: Holly S. Rhodes-Teague Director, Office for the Aging 100 Veterans Memorial Highway Hanppange, New York 11788 and to Christine Malafi, County Attorney, Suffolk County Department of Law, H. Lee Dennison Building, 100 Veterans Memorial Highway, Sixth Floor, Hauppauge, New York 11788 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 service, 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 emall, 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 wri~en notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated saccessor(s). End of Text for Article V 21 of 30 pages AAA Transport Sohld TEMPLATE Conlract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program Article Vi General Fiscal Terms and Conditions 1. General Payment Terms 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 end 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 end other items for which expenditures have been or will be made in accordance with the Conm~ct. Either upon execution of the Contract (for the Services already rendered end expenditures already made), or not more then thirty (30) days after the expenditures were made~ end in no event after the 30~ day of April 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 Cuntmct 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 ttue end accurate, of all personnel for whom expenditures are claimed during the period. Time and attuodenec records of a project director, if eny, shall be certified by the Chairperson, President or other designated member of the Board of Direeters of the Contractor. All Suffolk County Payment Vouchers must bear a signature as that term is defined pursuent to New York State General Construction Law §46 by duly authorized persons, and certification of such authorization with certified specimen signatures thereon must be filed with the County by a Contxactor official empowered to sign the Contract. Disbursements made by the Contractor in accordenco with the Contract end submiRed for reimbursement must be documented end must comply with accounting procedures as set foRh by the Suffolk County Department of Audit end 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 pursuent to, and as limited by, the Regnlatiuns for Accounting Procedures for Contract Agencies of the Suffolk County Depai~rment of Audit end Control. In addition to eny other remedies that the County may have, failure to supply the required documentation will disqualify the Contractor from eny further County 22 of 30 pages Co eo IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- con.cts. Payment by County Payment by the County shall be made within thirty (30) days aRer approval of thc Suffolk County Payment Voucher by the Comptroller. Budget Modification i.) The parties shall use the Contract Budget Modification Request form ("Budget Modification") for revisions to the Budget and Services not involving en increase to the total coat of the Contract. The ConUactor shall submit to the County the Budget Modification proposed revisions for either Budget or the Services. Such request must be made in advence of incurring eny expenditure for which the revision is needed. ii.) When the County end the Contractor agree as to such revisions, the Contractor shall execute the Budget Modification form. The ConUactor shall return it to the County for iii.) Upon complete execution of the Budget Modification form, the County shall return a copy to the Contractor. The revision shall not be effective until the Budget Modification is completely executed. iv.) The Budget Modification form may be submitted only twice per contract year end may only be submitted prior to February 15t~' of that year. Budget and/or Services Revisions i.) The parties shall use the Contract BudgeffServicos Revision Approval Form (Budget/Services Revisions) for revisions to the Budget end Services involving eny chenge to the total cost of the Contract via resolution oftbe Legislature or by the County's adopted annual budget. The Contractor shall submit to the County, proposed revisions for either Budget or any necessary chenges of Services to be provided. ii.) When the County and the Contractor agree as to such revisions, the Contractor shall execnte the Budget/Servicos Revisions form. The Contractor shall return it to the County. AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6506-4980-95255- ilL) Upon complete execution of the form by the parties, the County shall return a copy to the Contractor. The revision shall not be effective until the Budget /Services Revisions is completely executed. f. 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. g. Final Voucher Thc acceptance by thc Contractor of paymcot of all billings made on thc final approved Suffolk County Payment Voucher shall operate as and shall be a release of the County from all claims by thc Contractor. Subject to Appropriation of Funds ao 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 Services, the County shall have the sole and exclusive right to: i.) Determine how to pay for the Services; ii.) Determine future payments to the Contractur; and 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. Co 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 writing 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 fourteen (14) days. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures ao Upon request, the Contractor shall submit to the County a current copy, certified by the Contractor as tree 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. Notwithstanding anything in this paragraph 3 of this Article VI, the County shall not be limited in requesting such additional financial information it deems reasonable. Accounting Procedures ao Thc 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 thc 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 thc Department. The Contractor shall permit inspection and audit of such accounts, books, records, documents and other evidence by the Depar'rmcnt and the Suffolk County Comptroller, or their representatives, as often as, in their judgment, such inspection is deemed necessary. Such right ofinspectian 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. Thc Contractor shall retain all accounts, books, records, and other documents relevant to thc Contract for seven (7) years alter final payment is made by thc County. Federal, State, and/or County auditors and any persons duly authorized by the County shall have thll 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 23 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program Co commercial information or financial information that is privileged or confidential. The Contractor shall utilize the accrual basis of accounting end will submit all finencial reports end claims based on this method of accounting during the Term. 5. Audit of Financial Statements All payments made under the Contract arc subject to audit by the Comptroller pursuant to Article V of the Suffolk County Charter. The Contractor further agrees that the Comptroller and the 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. If such en audit discloses overpayments by the County to the Contractor, within thirty (30) days after the issuence ofen 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 eny amounts due or becoming due to thc Contractor from the County under the Contract or otherwise. The provisions of this paragraph shall survive thc 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 ofen independent licensed public accountant or certified public accountant (the "Auditor") to audit its finencial statements for each Contractor's "fiscal year" in which the Contractor has received, or will receive, three hundred thousend ($300,000.00) dollars or more from the County, whether under the Contract or other agreements with the County, end shall submit a report to the County on the overall financial condition end operations of the Contractor, including a baienec sheet end statement of income end expenses, attested by the Auditor as fairly end accurately reflecting the accounting records of the Contractor in aecordence with generalIy accepted accounting principles. The Contractor may solicit requests for proposals from a number of qualified accounting firms and review carefully the costs of, and qualifications for, this type of work before selecting the Auditor. 24 of 30 pages bo Co d° IFMS No, SC EXE 0000000 No. 001-6806-4980-95285- The Auditor should be required to meet the following minimum requirements: i.) a current license issued by the New York State Education Department; ii.) sufficient auditing experience in the nonprofit, governmental or profit- making areas, as applicable; end iii.) a satisfactory peer review issued within not more than three (3) years prior to the date when the Auditor was selected to conduct the audit. The audit must be conducted in acc~ordence with generally accepted governmental auditing standards. Financial statements must clearly differentiate between County-funded programs end 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. In the event the Contractor is a non-profit orgenization or unit of local government end expends five hundred thousend ($500,000.00) dollars or more of Fedarai 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 eny fiscal year within which it receives funding under the Contract, the audit must be conducted, end the audit report ("Single Audit Report") must be, in accordence 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 finencial 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 thc Department end 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 afier the end of the Contractor's fiscal year. The statement must include all Federal funding received directly from the Federal government end all Federal funds passed AAA Transport Sohld TEMPlaTE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program go ho through from the County and other pass-through entities. Copies of ail financial statements, Management Letters, Single Audit Reports and other audit repons must be transmitted to the County 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 oftbe audit, but in no event later than nine (9) months a~er the end of the Contractor's fiscal year, to which the audit relates. These requirements do not preclude the County, 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. 7. Furniture, Fixtures, Equipment, Materials, Supplies lo Purchases, Rentals or Leases Requiring Prior Approval Prior to placing any order to purchase, rent or lease any furniture, fixtures, or equipment valued in excess of one thousand dollars ($1,000.00) 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. Purchase Practices/Proprietary Interest of County i.) The Contractor shall follow 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 fumitore, fixtures, equipment, materials, or supplies for the Contractor in accordance with the programmatic needs of the Contract. If the County exercises this right, the 25 of 30 pages IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- emoutu 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 ail furnintre, 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 ail such property. 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 judgmcot against it within thirty (30) days of filing of the judgment, the County shall have the fight to take title to and possession of all furniture, removable fixtures, equipment, materials, and supplies referred to in subparagraph 7(b) above and the same shall thereupon become the property oftbe County without any claim for reimbursement on the part of the Contractor. Inventory Records, Controls and Reports The Contractor shall maintain proper and accurate inventory records and controls for ail such furniture, removable fixtores 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 ail items of furniture, removable fixtures and equipment in its custody, cbeeking each item against the aforesaid invanto~ records. A report set, lng 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 afl. er the dale set for the aforesaid physical count. AAA Transport Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program Within five (5) days after the termination or expiration date of the Contract, the Contractor shall submit to the County six (6) copies oftbe same report updaU~d to such 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 nacassaty, to include any inventory changes during the last three (3) months of the Term. 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, ur 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, fixtores, 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 thc County's funding of any of thc Services covered by the Contract, or at any other time that the County may direct, the Contractor shall make access available and render all necessmy assistance for physical removal by the County or its designee of any or all fumiture, removable fixlures, 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. 8. Lease or Rental Agreements 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 iease or IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- 10. rental agreement, to the County for approval. 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 attacbed as an exhibit to the Contract. If thc Contract is amandcd during the Term, or if the County exercises its option fight, the Contractor shall attach a then currant Statement of Other Contracts. 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 duplicata 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. 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 ConUactor 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 eonditlons are met: i.) ii.) iii.) 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 If sufficiant 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. Prior ~ scheduling any such additional services on County-ownad property, 26 of 30 pages AAA Trsnsporl Sohld TEMPLATE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program the Contractor shall obtain written County approval. The Contmctur shall, to the County's satisfaction, submit any documentation requested by the Department reflecting the change, and identify the additional services to be provided and the source of funding that shall be utilized to cover the expenditures incurred by the Contractor in undertaking the additional services. IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- County, payable to the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. Budget The Contractor expressly represents and agrees that the Budget, to the extent applicable, lists all personnel and/or all other costs of the Services. Potential Revenue The Contractor shall actively seek and take reasonable steps to secure all potential funding from grants and contracts with other agencies for programs funded by the County. Payments Contingent upon State/Federal Funding Payments under the Contract may be subject to and contingent upon continued funding by State and/or Federal agencies. In such event, no payment shall be mede until the Contractor submits documentation in the manner and form as shall be required by State and/or Federal agency. If late submisaiun of claims precludas the County from claiming State or Federal reimbursement, such late claims shall not be honored. If, for any reason, thc 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 the County, 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. Denial of Aid Ifa State or Federal government agency is funding the Contract and falls 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 27 of 30 pages Payment of Claims Upon receipt of a Suffolk County Payment Voucher, the County, at its discretion, may pay the Contractor during the Term, in advance, an amount not to exceed one sixth (1/6) of the maximum amount to be paid by the County set forth on the first page of the Contract. Payments Limited to Actual Net Expenditures Thc Contractor agrees that if, for any reason whatsoever, the Contractor shall spend during thc 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 bc 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 is less than the total amount of thc 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 ave 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 mast be in compliance with Suffolk County Standard Operating Procedure A-07 and Executive Order No. 4-2004. AAA Transport Sohld TEMPLATE Contract 2010-1 i Law No. Rev. 12-14-2009; AAA Transportation Program m. Salaries Thc 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. 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 Contraator'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 pan of, the Contract. p. No Limitation On Rights Notwithstanding anything in this Article VI, the County shall have available to it all rights and remedies under the Contract and at law and equity. q. Comptroller's Rules and Regulations The Contractor shall comply with the "Comptroller's Rules and Regulations for Consultant Agreements" as promulgated by the County Department of Audit and Control and any amendments thereto during the Tenn. The County shall provide the Contractor with a copy of any amendments to the "Comptroller's Rules and Regulations for Consultant Agreements" during the Tenn. End of Article VI IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- 28 of 30 pages AAA Transport Sohld TEMPlaTE Contract 2010-11 Law No. Rev. 12-14-2009; AAA Transportation Program IFMS No. SC EXE 0000000 No. 001-6806-4980-95285-.__ Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibits not applicable - see cover signature page Public Disclosure Living Wage Union Certification Lawful Hiring Certification Regarding Lobbying Legislative Designated Funding Applications; Budget Budget Modification Request Budget/Services Revisions Approval Standard Operating Procedure A-07 Amendment 1 and Executive Order 4-04 Comptroller's Rules Statement of Other Contracts 29 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING 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: August 26, 2010 TO: Mary-Valerie Kempinski, S.C. Dept. of Human Services, Office of the Aging FROM: ~ Rosenberg, Director of Living Wage Compliance Unit TELEPHO~E~ \#: 853-2063 VENDOR #: 11-6001939 REF.#: AAA Transportation You are hereby notified that the response from Town of Southold has been evaluated by the Living Wage Unit of the Suffolk County Department of Labor. We find: X The documents submitted with this contract / proposal 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 contract / proposal 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 contract, 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 bdmm. Cmml~M b~mu mm he mmlnni~l tm Ibm awmrd~, m~mmmy. ~ Puwmf to a Suf~k Coun~ reimlnmment h' mN'bnu pmyMod k m~, adJdnr yglr; m pummt to a ~ wilh nZ ertb..bou." belion I Sm:tim n Tho Union QpnJzb~ Law does not spl~ to tbb cantm~ for tlJ fuliowin8 frame(s): Suf~ Cotmty. New SmJom m ~Neme: Tnwn of Southold 53095 Main Road, P.O. Box 1179 Southold, NY 11971 Contact Person: Fedmd~q~ID~:11-6001939 Veudor#: Karen McLaughlin, Director 631 298-4460 AAA - Transportation Assistance Program -Regular Route and Demand Responsive Transportation For Seniors Scott A: Russell, Southold Town Supervisor Print Nmno nd Titio of AutJmrimd ~ SUFFOLK COUNTY DEPARTMENT OF ]LABOR NOTICE OF APPLICATION TO CERTIFY COM]PLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LA WFI, II. HIRING OF EMPLOYEES VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES Suffolk Count~ Code, Chapter :234 (2006) To Be Completed By the Local Law Compliance Unit DATE: August 26~ 2010 TO: Mary Valerie Kempinski~ S. C. Office of the Acing EMPLOYER: Town of Southold VENDOR #: 11-6001939 REF. #: AA 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 Department of Labor. We find that this submission is complete and is in compliance with the requirements set forth by the Suffolk County Lawful Hiring of Employees Law (Local Law #52-2006),.. LHE-3 (0]/07) 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 undemigned, to any pamon for influencing or attempting to influence legbletion or appropriation actions pending before local, State end 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 ngrsement, end the extension, contin.uation, renewal, amendment, or modification of any contract, grant Io~n, or cooperative agreement. (2) If any funds other than State or Federal app.rol~.risted funds have been paid or will be paid to any parson for influencing or attempting to ,nfluence 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 ~tand,,rd Form LLL, 'Disclosure Form to Report Lobbying', in accordance with ifa Instructions. (3) The undersigned shall require that the I?nguage ~this certification be included in the ~ard documents for all subewards at all liars (including subcontracts, subgranfa, and conlmcts under grants, loans, and coopamtive agreements) end that all eubrecipisnts shall.certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction wes made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Failure to file the required certification shall be subject to civil penalty by the Federal government of not less than $10,000 and not more then $100,000 for each such failure. By: Signature of Official Authorized To Sign Application For. Scott A. Russell, Southold Town Supervisor Name of Grantee Law No. Rev. 12-14-2009; AAA Transportation Program Exhibit 6 Budget IFMS No. SC EXE 0000000 No. 001-6806-4980-95285- Town of Southold AAA Transportations Program April 1, 2010 - March 31, 2011 PERSONNEL Driver FRINGE OPERATING EXPENSES Gas & Oil SUBTOTAL Less Anticipated Income NET REIMBURSEMENT $4~933 4,933 2o o 500 5OO $5,633 (681) $4.952 30 of 30 pages AAA Transport Sohld TEMPLATE Contract 2010-11 COUNTY OF SUFFOLK OFFICE OF BUDGET AND MANAGEMENT CONTRACT BUDGET MODIFICATION REQUEST The program budget contained in the Agreement of COUNTY OF SUFFOLK and Program Name Contract No. is hereby amended as follows: ~t~cen the UNE NUMBER $ CHANGE + (HEADING) DESCRIPTION $ BEFORE $ A~- H-R OR - NET CHANGE ~ 0 Except as set forth above, this budget modification shall not bo (learned to change any condition or provision in the said Agreement. By: By: Name: Name: Holly Rhodes-Teague T~le: T~e: Director Date: Dept: AGING Agency: Date: FOR THE COUNTY OF SUFFOLK APPROVED BY: DATE: BUDGET DIRECTOR NOTE: This form is not to be used to affect any net increase in the budgeL USE REVERSE FOR SUPPORTING STATEMENTS Revision No: Department: Contract Budge{ Approval Form Contractor: Agreement No. Agreement Period: Date last executed/amended: Budget Period to which this revision applies: Identify the items that are being changed by this revision: Budget: Pedod Adopting Amount of increase Amount of decrease New Budget amount for the period: Revising Copies of supporting documentation are attached aa follows (check all that apply): Resolution Budget Other Approvals: Department: By: Name: Name: Title: Title: Date: Date: Fiscal Unit: By: Name: TiUe: Date: Division: By: Name: Title: Date: Contractor: By: Federal Tax ID #: County Executive Budget Office: Approved __ Disapproved By: Name: Title: Date: Contract Budget Approval Form 2010 STANDARD OPERATING PROCEDURE OI~IC~. OF THE COI~qT~ ~ Nunben. Asmldnent I Appeo~d ~: TRAVEL. CONFERENCE. AND MEETEqG ATTENDANCE THIS SOP SUPERSEDES THE SHEETS IN THE SOP MANUAL THAT IS IDENTIFIED AS "SOP A-07" DATED 4/2/97. HOLDERS OF THE SOP MANUAL SHOULD REMOVE AND DISCARD THE CITED DOCUMENT. 1. Purume: This SOP details how employoes c~n obtain approval for conf~mc~ attmdance, Iravel out of Suffolk County during county time for conferences or ses~inms, and government r~lated mce~s with an overnight stay. 2. SeoDe: This SOP applies to all Count~ Employees in all eount~ depemnenU, offices, or qencies. 3. ~: This procedure amends the p~vious version ~_ _~__ 3/22J04. new procedur~ will requ~ the bookins of hotel ncGommodafimS, rmta] ears, airplane wavel, and AMTRAK be handled through a desisna~l travel (1) A Conference is dMined as a large group of people assembling loather to discuss n wide range of' topics. The Annual New York State Assochtice of Counties Confmmce is an example ora conference. (2) A Meetirm is defined as a one' day, r~,ularly sch~uled or .tn~omptu, p~herins of people for a specific purpose. A meefins of the Legis~ve Subcommi~e of~he New York State Association of Counties is an example of a meetly. (3) A Seminar is defined as a 8roup of people assembling for educ, alkm or trtlnin_o ~elated to performance ora one's job duties as a county employee. ff,. Proeednre: A. Conferences 1) No mae than two (2) lXflons from a depanmmt will b~ l~-nnittut to ~ a confumce~ mining, or seminar. Certain exceptions will be gruntat if a confumce, mining ~ mninar has progrms w~ conflicting hours, if it roquires nnandees (e.g~ mandami training). 2) No rehnbursemcnt will bt mad~ for 8n ovefl~ight my in N~w York City, Nassau meain~ and mninm in thee Ioca _tioga__ Pdimburmneut for meal~ ehall be limitmi to those instnnce~ in which it h ruquired by bimflng lepl obligation. 3) Anapplicafion for mnh'ence attaJdm~ and trav~ Exa:~v, Foun 10, nmtbe weda prier to the conferuh~ dart If m emergmcy ne~d to nUmd a coafermc~ Mansgmm for approval. Any ~oplic~ions submitted lm than two (2) wnh prior to ~c ~f~moe d~ shell be eutomefic~y dafied, unless · docummted cm~d ti~ delay in filing ~he epplice~m. In no circummnces ~hould an employee ettmd · confeman~ before individuols who sltanded conferences prior to mc~ivi~g an q~ov~d A~ml~ Fo~m ~d a ~ cl~ o~ w_c~im day will ~ ~o I~ ~ by suc~ cmploym in ~he ~ ofm~ ~I. ~) Supporting informafi~m such as brochurm, program d~s~,¥tions, itinernfics, Executiv~ Form #10. 6) The P. ulcs and ltcgulati~ms governing travel ontm nad accotmts, Momuiptui by the county DeperUmmt of ,Audit end Control, must b~ followed in pmlaring Executiw Form #10. All epplicetiom ~or conftn~nce st',endm~ will Ix: returned to the respective depmmmt, offic~ or agency if any of the above prm:Murcs Imve not ~ sdhcmi to. COUNTY OF SUFFOLK steve Levy SUFFOLK COUNTY ~ 6180 EXECUTIVE ORDER NO. 4-2004 TO: FROM: RE: All Depmtment Heacb Hon. Steve Levy, Suffolk Counly Executive Travel Vouchers Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be mJvbed ~M any reque~ for.q~rovai or payment for travel under Seclk~m 2-16 mM 3-2 of t~e SUFFOLK COUNTY ADMINISTRATIVE CODE sh~ll not be approved by the County ~ unlmm cc: ~ L B~rton, Jr., Clerk of the Legislature COUNTYOFSUFIK)LK OFFIC~ OF Tim COUNTY FY,;¢UTIVE ORDER NO. 1-~X~- ~ ~U=NDING F.~.;_CUTIVE ORDER NO. 4-2004 TO: FROM: RE: All Department Heads Steve Levy, County Executive of Suffolk County Travel Vouohem - Update Please be advised that Executive Order No. 4-2004, Travel Vouchers, is hereby amended to read as follows: PUrsuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be advised that any requests for approval or payment for travel under Sections 2-16 and 3-2 of the SUFFOLK COUNTY ADMINISTRATIVE CODE shall not be approved by the County Executive unless'It secures the approval of: 1.1 ~ [the] Chief Deputy County Executive; and [Deputy County Executive for Finance and Management] d~frev $~ho. De_nL~ County E~.-m3--L~JVe and Chief of Staff. This Executive Order supersedes Executive Order No. 4-2004, Travel Vouchers. DATED: Maroh /,,~..2005. COUNTY EXECUTIVE OF SUFFOLK COUNTY [ ] Brm3kets denote deletion of existing language. Underlining denotes addition of new language. Henry L. Barton, Jr., Clerk of the Legislature . Kevin S. Law, Esq., Chief Deputy County Executive for Administration and General Courmel Paul Sabatino II, E~., Chief Deputy County Exe~utive Frederick B~ Pollert, Deputy County ExeCutive for Finance and Management Jeffrey Szabo Deputy County Executive and Chief of Staff Jeanine Dillon, Assistant Deputy County Executive Adam Santiago, County Exe~utive As~iBtant, Intergovernmental RelatJon8 Division Amy Engel, County Executive Assistant Executive's Technology Unit E0-1.200~T reval- Vou~hem-ul~ COMITY OF SUFFOLK OmCg OF Tl~ COT~rY EXgCLITI~ EXECUTIVE ORDER NO. 1A---~-- .~UFNDING _~zi:__~l]l'lVE ORDER NO. 4-2004 FROM: RE: All Depmtment Heads Steve Levy, County Exe~tlve of Suffolk County Travel Vouchers - Update Pleue be advtsed that Executive Order No..4-2074., Travel Vouchers, is hereby amended to read as follows: Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be advised that any requests for approval or payment for travel and related. ' expenses and'attendance under Se~'tlons ~.1_6 and 3-~] ~ of the SUFFOLK COUNTY ADMINISTRATIVE C, ODI~ shall [not] only be approved by the County Executive [unless it secures the ~proval of].~. 1.) PEJI Sabatino II, Chief Deputy Counly Executive; and 2.) jeffrey Szabo, Deputy County Ex;ecutive ancI C~ief of Stalf. This Executive Order supersedes Executive Order No. 4-2004, Travel Vouchem. [ ] Bra~etsdenotedeletlonofexistlnglanguage. .-~ Underlining denotes addition of new language. Henry L Barton, Jr., Clerk of the Legislature Kevin S. Law, Esq., Chief Deputy County Executive for Administration and General Counsel Paul Sabatino II, F.~q., Chief Deputy County Executive Fred~ck B. Potiert, Deputy County Executive for Finance and Management Jeffrey Szabo Deputy County Exe~utlve and Chief of Staff Jeanine Dillon, Assistant Deputy County Executive Adam Santiago, County Executive As~istant, Intergovemmental Relations Divielon Amy Engel, County Executive Assistant Executive's Techno .logy Unit EO.1A-2006-TiIv~-V~IA COUNTY OF SUFFOLK OFFICE OF THE COUNTY COMPTROLLER JOSEPH SAWICKI, JR. Comptroller DEPARTMENT OF AUDIT AND CONTROL Comptroller's Rules and Regulations for Consultfmt's Agreements Revised 12/2009 TABLE OF CONTENTS Scope .......................................................................................... ] Defmition~ .................................................................................... 1 Allowable Claims ........................................................................... 1 Claim Submission ........................................................................... 2 Out of Pocket Exper~es ................................................................... 3 Sub-Conm~ctor Claim.~ ..................................................................... Certified Statements ........................................................................ 6 EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C County of Suffolk, standard Payment Voucher FORM PV ...................................................... 8 Consultant's Time Summary FORM A & C 108 ............................................. 9 Consultant's ~xpanse Summary FORM A & C 109 ............................................ 10 1 1. Purpose - This manual establishes procedures for the reimbursement of expenditures for consul~xnts under conffact with the County. 2. Sco~e - These instructions apply to all County departments and agencies utilizing consultant services. 3. Definitions a. Consultant - An individual or firm engaged to provide outside professional services to Suffolk County departments and agoncies. b. Consultant's Agreement- A written contract describing the specific services to be rendered by the consultant and the amount and terms of payment for the services to be made by the County. The consultant's agreement shall constitute the sole authorization for payment of claims. The consultant's agreement shall be prepared in accordance with the County Executive's Operating Procedures, SOP # 1-05. Non-specific general purpose or lump sum payment agreements are not recommended. 4. Allowable Claims - Only claims which are submitted for expenditures specifically identified in the agreement will be approved for payment. G-enc~lly, the agreement will stipulate a m~imum fee for services rendered which is based upon a rate per day or per hour. Accordingly, a rate schedule is an integral pa~t of each consultant's agreement. Increases will be allowed only by amendment to the agreement. Out-of-pocket expenditures are reimbursable if it is so stipulated in the consultant's agreement. 2 Claim Submission- Consultants should submit their claims for reimbursement through the County department or agency responsible for the consultant's assignment, using appropriate forms, as indicated below: ~ Claim Voucher- A CounO~ of Suffolk Standard Payment Voucher Form (Exhibit A) must accompany each consultant claim. The claim voucher should refer to the consultant's agreement under which payment is requested and indicate the category of expenses or contract covenant applicable to the claim voucher. It should be initialed by the depamnental unit representative under whose supervision or jurisdiction the work was performed, signifying that the consultant has complied with all the terms and conditions of the agreement under which the payment is requested. The voucher must then be signed by the department head or his duly authorized representative and forwarded to thc Depadment of Audit and Control for payment. b. Conmdtant's Time Summary. FORM A&C 108 fExhibit B) - The Consultant's Time Smmuary should be used to record daily hours worked by each staff member of the consultant working on the project. Space is provided to record and extend the hours and wages of each staff member assigned to the project on one form. The completed FORM A&C 108 must be signed by and authorized individual of the consultant's finn. It should then be attached to the County of Suffolk Standard Payment 3 voucher form. A copy of the consultant's payroll register with a cover letter indicating the individuals charged to the project for the claim period will be accepted as a substitute for the Consultant's Time Summary. Collsultaat's Expense Summarv~ FORM A&C 109 (F. xhlhit C)- The Consultant's Expense Summary should be used to detail expenses for travel, meals, lodging or other necessary and reasonable out-of-pocket expenditures incurred on the project. Each expense item should be documented by a receipted bill, sales slip or invoice which totals the daily expenditures shown on the form. The completed FORM A&C 109 must be signed by an authorized individual of the consultant's finn. It should then be attached to the County of Suffolk Standard Payment Voucher Form. Out-of-Pocket Ex~nses - ffthese expenses are reimbursable under the consultant's agreement, the following rules and guidelines should be considered before incurring such expenses and submitting claims: a. Meals - Meals are reimbursable under a consultant's conmict only if the purpose of the meal is valid, that is, authorized under the contract as sustenance while ~'aveling. Effective October 1, 2009, thc per die~n meal allowance shall be in accordance with the current maximum reimbursement rate for food as established by the U.S. General Services Administration for the New York region. As published in IRS Publication 1542 (rev. October 2009), the 2009 per diem meal and incidental rote is 4 $71.00 per diem including tax. Audit and Control should be contacted for allowable rates for future fiscal periods. (Gratuities~ at a reasonable and customary rote, shall be reimbursed over and above the state limits). The County will not honor claims for the reimbursement of "business meals" submitted by members of the consultant's firm who are not traveling out of town (overnight) in performance of the contract. Where a consultant meets the necessary criteria to be reimbursed for meals, no receipts will be necessary but a certified statement will be required. b. Lod~ina - Effective October 1, 2009, claims for lodging will be reimbursed at a rate not to exceed the current maximum reimbursement rate for lodging as established by the U.S. General Services Administration for the New York region as published in the IRS Publicafion'1542 (rev. October~ 2009). The 2009 per diem rate for lodging is $130.00 including taxes. Claims for lodging must be accompanied by paid receipts. Audit and Control should be contected for the allowable rate for future fiscal periods. c. Airfare - Airfare will only be reimbursed at the economy coach rate and a receipt will be necessary. Individuals choosing to fly first class will not be reimbursed for the pmnium expenses incurred. d. Mileage - The County will ~imburse mileage claims in accordance with the applicable current rate allowed by the U.S. Internal Revenue Service. As of January 1, 2009 the rate is $.55 per mile and January l, 2010 the rate is $.50 per mile. The consultant must provide origin, destination and miles traveled for each hip. Audit and Conlrol should be contacted for the allowable rate for future fiscal periods. e. Taxis - Taxi fares up to $25.00 will be reimbursed based on actual receipt or certified statement. Any taxi expenses in excess of $25.00 per hip will require receipts. Receipts and certified statements shall include origin and destination, as well as the purpose of the trip. f. Subways and Buses (locul~ - A certified statement will be adequate documentation for these expenses. g. T011s- Receipts or certified statement will be adequate documentation for these expenses. h. Telenhone Exvenses- Telephone expenses up to $25.00 per month will be reimbursed based on a receipt or certified sta~nent. Telephone expenses totaling over $25.00 will require copies of the telephone company bills with the appropriate calls circled. i. Photocopies - In lieu of a specific conm~ct for photocopies, the County will reimburse at a cost not to exceed $.15 per copy, including labor. A certified statement will be adequate documentation for reimbursement Sub-Contractor Claims - When the consultant is authorized in the Consultant's Agreement to hire a sub-contractor, the Comptroller's Office should be supplied a copy of the sub-coniractor's agreement. Claims will not be processed if they are 6 not in compliance with the contract between the Consultant and the County. The reporting requirement of the sub-contractor will be the same as that of the Consultant. Details of all expenditures claimed must be documented in the same manner. If the sub-contractor's agreement with the Consultant is a lump-sum payment agreement, detailed documentation reportin___g requirements are waived. Certified Statements - When the consultant incurs minor travel or other out-of- pocket expenses for which receipts are not available, he ~hall prepare an itemized statement detailing the type and amount of expense, including the time, date, and place incurred. After summa6zing expenses claimed, the comultant must add and sign the following certification terminology: "The above expenses are true and just and are a result of business conducted in aeeordanee with the terms of the contract with Suffolk County, and have not be been previously paid." Si_~nature of Authorized Person i0 Il L2 £3 4 [S I~ [~0~*AL P~A'I~ TOTAL ~tnsl~S~b[imlber [7 [it 19 ~ ~! 2 ~3 M ~ ~6 27 ~8 i9 · Il ~ P~'~ $ CONTRACTOR NAME ADDRESS CONTACT STATEMENT OF OTHER CONTRACTS Town of Southold ScniorScrvi~cs 750 Pacific Street. P.O. Box 85, Mattituck, New York Karen McLau~hlin, Director 11952 PHONE NUMBER 631 298 ~60 AGREEMENT TERM OF PROGRAM NUMBER CONTRACT WITH AGREEMENT AMOUNT III-C- 1 Congregate No-001-6797-498095 Suffolk County Office for Nutrition Program 284-1792 the A~in~ 01/01/10- 12/31/10 $ 76,075.00 III-C-2 Home Delivered No-001-6776-333095 Suffolk County Office for Meal Program 284-1792 thc Aging 01/01/10- 12/31/10 $ 166,038.00 Transportation Assistance No-001-6806 4980-95285 Suffolk County Office for Program 1389 the Aging 04/01/09 - 3/31/10 $ 4,986.00 CSE Residential Repair No-001-6777-4980 Suffolk County Office for Prol~n 95285-0605 the A~,in~ 04/01/10 - 03/31/11 $ 20,400.00 · Indicate (a) type of organization - County, State, Federal or Other and (b) nme of Department, Agency or Organization. STATEMENT OF OTHER CONTRACTS 05 g/10 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 January 1, 2010, the Living Wage will increase to $10.83 per hour with health benefits and $12.33 per hour without health benefits for covered employees of an agency receiving financial compensation through the County. The law also mandates that full time workers receive at least 12 compensated days off per year through any combination of sick, vacation or personal leave and includes paid holidays provided by the employer. The Suffolk County Department of Labor has been designated as the agency to administer this law and to this end has established a Living Wage Unit. Further information concerning the parameters of the Living Wage law may be obtained by contacting this Unit (631-853-3808) or accessing the Suffolk County web page at www.co.suffolk.ny.us/labor and following the link to the Living Wage section. All inquiries will remain confidential. .Th~ memorandum applies to those departments who pay contract agencies ~om the Operating laudget 4770 or 4980 objects. On August 29, 1995, .ADH 47-95 was issued to resolve problems whioli had developed regarding the p~. utes and requirements for modi~ng conira~t agenoy budge~. In early 1997, there were again prob.l .e!ns with timeliness and the rensons for modifications for ~ deputments involi~ng 1996 contracts. Depaflments who'deal with contract agencies have a major responsibility i~ the processing of contract budget modifications. Therefore, the attached procedures, which take effect with all 1997 contracts should be closely followed. Please dL~'bute these procedures to nll ofyour oontmot agenoies. Ifthe~e. are any ques'tions regarding this ADH, pleasc contact your depnrtmenfs Budget Distribution' Department Heads Attachment Ctdef Deputy County ExeCUtive ,BUD GET MODIFIC.4 TION$ Non-equipment requests for contract budget modifications must be received it th~ Couhoz .Executives Budget Off_,o~, no later than 45 calendar days prior to the end of the cona'aet fiscal year. F, quipmeat modifications must be received 90 calendar days prior to the end of the contract fiscal year. Under no cimumstances can expenditures for which a budget modification is being requeaed be made prior to the approval oftbe modification by the Budget Office. 3. An agency will be restricted to three approved modifications p~r year. Each linc item requested to be modified must be'fullyinstifiod and must related to the intent of tho program: · Any h'aus fers to hcroase r~lary rates of c~ntract em~loyees, crent~ new positions, or chan~ the title of a position, must be submilIod prior to the rate ihcrcase being glvan or the position behlg filled. Tbe Budget Offic~ will inet approve retroactive salary incre~e.s: The only exception applies to a retroactive labor agreement between an agenc~ and their' un,on bargaining unit(s). 6. Budget modifications camaot increase the dollar amount ofthe'contract. ~Four ~pie~ of the proposed budget m~di. fi~tio;~ and one coov including a letter from the agency reque~fmg the change, should be furwardexl to the Budget Office with the d~partmenffs recommendation withl, days ofreceipt of the requeiSt by the depaliu~ent. ..... Thc justification must include the effect of the modification on {be pmgram,'chsn~.es in the available rehnbmsement to t~c County, if any, the additional dollar amount which will be pa/d to the agency, and thc dollar amount of reimbursement to thc County, if'the modification is approved. · If .the contract is funded under a Federal or State grant, or State rdmburse~ent, the Depmlment Head must Mvise in the tmnmaltial memo whether State or Federal apProval for thc modification is required and whether the attached documentation showing the change has been approved by the funding agency. The budget modification format must indicate the line item, the current budget amount, the amount spent year to date, the new .amount oftbe llne item and tho dollar amount of the change..