HomeMy WebLinkAboutResidential Repair ProgramRESOLUTION 2012-326
ADOPTED
DOC ID: 7764
THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-326 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 10, 2012:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Suffolk County Office
for the Aeine and the Town of Southold for community services for the Elderly Residential
Repair Pro,,ram. for the period April 1, 2012 through March 31, 2013, at no cost to the Town,
subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
'.~vv No
~ommunity Services for the EIdurly- Re$identi$1 Rspair
Ii;MS No. 0000000:~
No. 001-JKDI-6777.4980_95285
Contract
This Contract ("the '
Contract") ~s between the County of Suffolk ("the County"), a municipal
corporation of the State of New York, acting through its duly constituted Office for the Aging ("the Department"),
located at I00 Veterans Memorial Highway, P,O. Box 6100, Hauppauge, New Yorkl1788-0099; and
Town of Southold ("the Contractor"), a Municipal Corporation, having an ad&ess at 53095 Main Road,
P.O. Box 1179, Southold, New York, 11971.
The Contractor has been designated to receive funds from the County for Community Services for the
Elderly (CSE) Residential Repair ("the Services") as set forth in Article I, entitled "Description of Services."
Term of the Contract: April 1, 2012 through March 31, 2013; with an option, to be exercised at the County's
discretion, to September 30, 2013 on the same terms and conditions herein.
Units of Service: 1,000 Units of Residential Repair Services
140 Unduplicated Persons
Total Cost of the Contract: Shall not exceed $19,380.00, to be paid as set forth in Exhibit 6, attached.
Terms and Conditions: Shall be as set forth in Articles I through V, attached hereto and made a part hereof.
in Witness Whereof, the parties hereto have executed the Contract as of the latest date written below.
Town of Southold County of Suffolk
Supervisor
Fed. Tax ID #:11-69019)9
Date . ~/~' ~,///~_
~r pen~es ofperj~ ~at I~ ~ offi~r of
{ ~/~ 0 ~ ~ ~ ~at I have r~d ~d
I ~ f~li~ wi~ ~A5-7 of ~cle V of~e
C~C~e. ~d ~at _ .
~qu~emenB ~ for exemption ~ere~der.
App~ved as m Fo~ ~gali~:
Dennis M. Cohen. Coun~ A.oraey
By:
Title: Deputy County Executive
Date:
Appr°ved:
Department
By:
Holly RhodeS-Teague
Director, Office for the Aging
Date
Recommended:
By:
Regina DeTuro
Administrator I
Date
By:
Basia Deren Braddish
Assistant County Attorney
Date
0013570
Page 1 of 32
Law No IFMS No. 0000000 5218
Community Services for the Elderly- Residential Repair No. 001-JKDJ.6777-4980-95285
List of Articles
Page #
Article I ............................................................................................................................................................................. 5
Description of Services ................................................................................... , ...................................................................... 5
1. Conflicting Provisions ........................................................................................................................... 5
Article II ........................................................................................................................................................................... 12
Definitions ........................................................................................................................................................................... 12
1. Meanings of Terms .............................................................................................................................. 12
2. Elements oflnterpretation ................................................................................................................... 13
Article III ........................................................................................................................................................................... 14
General Terms and Conditions .......................................................................................................................................... 14
1. Contractor Responsibilities .................................................................................................................. 14
a. Duties and Obligations .................................................................................................................. 14
b. Qualifications, Licenses, and Professional Standards ................................................................... 14
c. Notifications .................................................................................................................................. 14
d. Documentation of Professional Standards .......................................... ~ .......................................... 14
e. Credentialing ....................................................................................... : ......................................... 14
f. Engineering Certificate .................................................................................................................. 15
2. Termination ......................................................................................................................................... 15
a. Thirty Days Termination ............................................................................................................... 15
b. Event of Default; Termination on Notice ...................................................................................... 15
c. Termination Notice ........................................................................................................................ 15
d. Duties upon Termination ............................................................................................................... 15
3. Indeumification and Defense ............................................................................................................... 15
4. Insurance .............................................................................................................................................. 15
5. Independent Contractor ....................................................................................................................... 16
6. Severability .......................................................................................................................................... 16
7. Merger; No Oral Changes .................................................................................................................... 17
8. Set-Off Rights ...................................................................................................................................... 17
9. Non-Discrlmination in Services .......................................................................................................... 17
10. Nonsectarian Declaration ................ ' ..................................................................................................... 17
11. Governing Law .................................................................................................................................... 17
12. No Waiver ............................................................................................................................................ 17
13. Conflicts of Interest ............................................................................................................................. 17
14. Cooperation on Claims ........................................................................................................................ 17
15. Confidentiality ..................................................................................................................................... 18
16. Assignment and Subcontracting .........~ ................................................................................................ 18
17. Changes to Contractor ......................................................................................................................... 18
18. No Intended Third Party Beneficiaries ................................................................................................ 19
19. Certification as to Relationships .......................................................................................................... 19
20. Publications and Publicity ................................................................................................................... 19
21. Copyrights and Patents ........................................................................................................................ 19
a. Copyrights ...................................................................................................................................... 19
b. Patents ............................................................................................................................................ 19
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Law No
. Community Services for the Elderly- Residential Repair
· 'MS No. 0000000 5218
No. 001-JKDI-6777-4980-95285
22. Arrears to County ................................................................................................................................ 19
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction ......................................................................................................................................... 19
24. Record Retention ................................................................................................................................. 19
25. Notice ................................................................................................................................................... 20
Article IV ........................................................................................................................................................................... 21
Suffolk County Legislative Requirements ......................................................................................................................... 21
1. Contractor's/Vendor's Public Disclosure Statement ........................................................................... 21
2. Living Wage Law ................................................................................................................................ 21
3. Use of County Resources to Interfere with Collective Bargaining Activities ..................................... 21
4. Lawful Hiring of Employees Law ....................................................................................................... 21
5. Gratuities ............................................................................................................................................. 22
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas .............................. 22
7. Child Sexual Abuse Reporting Policy ................................................................................................. 22
8. Non Responsible Bidder ...................................................................................................................... 22
9. Use of Funds in Prosecution of Civil Actions Prohibited ................................................................... 23
10. Youth Sports ........................................................................................................................................ 23
11. Work Experience Participation ............................................................................................................ 23
12. Suffolk County Local Laws Website Address ..................................................................................... 23
Article V ........................................................................................................................................................................... 2,$
General Fiscal Terms and Conditions ............................................................................................................................... 24
1. General Payment Terms ....................................................................................................................... 24
a. Presentation of Suffolk County Payment Voucher ........................................................................ 24
b. Voucher Documentation ................................................................................................................ 24
c. Payment by County ........................................................................................................................ 24
d. Budget Modification ...................................................................................................................... 24
e. Budget and/or Services Revisions ................................................................................................. 24
f. Taxes .............................................................................................................................................. 25
g. Final Voucher ................................................................................................................................ 25
2. Subject to Appropriation of Funds ...................................................................................................... 25
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures .............................. 25
4. Accounting Procedures ........................................................................................................................ 25
5. Audit of Financial Statements ............................................................................................................. 26
6. Financial Statements and Audit Requirements ......................................... : .......................................... 26
7. Furniture, Fixtures, Equipment, Materials, Supplies ........................................................................... 27
a. Purchases, Rentals or Leases Requiring Prior Approval ............................................................... 27
b. Purchase Practices/Proprietary Interest of County ......................................................................... 27
c. County's Right to Take Title and Possession ................................................................................ 27
d. Inventory Records, Controls and Reports ...................................................................................... 27
e. Protection of Property in Contractor's Custody ............................................................................ 28
f. Disposition of Property in Contractor's Custody .......................................................................... 28
8. Lease or Rental Agreements ................................................................................................................ 28
9. Statement of Other Contracts .............................................................................................................. 28
10. Miscellaneous Fiscal Terms and Conditions ....................................................................................... 28
a. Limit of County's Obligations ....................................................................................................... 28
b. Duplicate Payment from Other Sources ........................................................................................ 28
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c. Funding Identification ................................................................................................................... 28
d. Outside Funding for Non-County Funded Activities .................................................................... 28
e. Potential Revenue .......................................................................................................................... 29
f. Payments Contingent upon State/Federal Funding ........................................................................ 29
g. Denial of Aid ................................................................................................................................. 29
h. Budget ............................................................................................................................................ 29
i. Payment of Claims ......................................................................................................................... 29
j. Payments Limited to Actual Net Expenditures .............................................................................. 29
k. Travel Costs ................................................................................................................................... 29
1. Attendance at Conferences ............................................................................................................ 29
m. Salaries ........................................................................................................................................... 29
n. Salary Increases ............................................................................................................................. 30
o. Contractor Vacancies ..................................................................................................................... 30
p. No Limitation On Rights ............................................................................................................... 30
q. Comptroller's Rules and Regulations ............................................................................................ 30
Exhibits ........................................................................................................................................................................... 31
Exhibit I Public Disclosure ............................................................................................................................................. 31
Exhibit 2 Living Wage ......
Exhibit 3 Union Certification .......................................................................................................................................... 31
Exhibit 4 Lawful Hiring .................................................................................................................................................
Exhibit 5 Certification Regarding Lobbying ................................................................................................................. 31
Exhibit 6 Legislative Designated Funding Applications; Budget ................................................................................. 31
Exhibit 7 Budget Modification Request ......................................................................................................................... 31
Exhibit 8 Budget/Services Revisions Approval .............................................................................................................. 31
Exhibit 9 Standard Operating Procedure A-07 Amendment 1 .................................................................................... 31
and Executive Order 14-2007 or any successor order. ..................................................................................................... 31
Exhibit 10 Comptroller's Rules and Regulations for Consultant's Agreements .......................................................... 31
Exhibit 11 Statement of Other Contracts ........................................................................................................................ 31
Page 4 of 32
Law No IFMS No. 0000000 52t8
Community Services for the Elderly- Residential Repair No. 001-JKDI-6777-4980-95285
Article I
Program Specifications for the Residential Repair Program
Description of Services
Whereas, the Contractor has been identified in the 2012 Suffolk County Adopted Budget under the pseudo code
as listed on page one of the Contract to perform the Services for the Department; and
Whereas, the Town of Southold has been designated as a line item in the Suffolk County Operating Budget to
receive funding; and
Whereas, the continuity of service delivery is considered to be in the best interest of the County and the elderly
residents of Suffolk County for the best possible outcomes;
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto
agree as follows:
Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
Goals of the Program
The Residential Repair Program ("Program") is to provide persons aged sixty or over, who are in need,
with minor repair and renovation assistance to remediate or upgrade substandard, unsuitable or unsafe
housing, including, but not limited to, handicapped modifications or crime prevention modifications.
The Program provides the required labor and recipients pay for necessary supplies and materials.
Persons aged sixty and over who are incapable of maintaining their homes because of illness, incapacity,
handicap or absence of a caretaker relative are eligible to receive services.
General Terms and Conditions
In general, but without limitation, the Contractor shall be required to meet the criteria listed below:
a. The Contractor is to afford priority to servicing those elderly persons who New York State has
identified as the target population (disabled/frail, low-income, minority, or isolated) in
accordance with paragraph number 5 below.
b. The Contractor may not impose a means test of eligibility. No income or asset information may
be used to determine eligibility for service notwithstanding any other provisions of this
Agreement.
Persons eligible for or receiving the same or a similar service under another government-funded
program are not eligible for this service. However, determination of eligibility must be done on
an individual basis recognizing specific circumstances as they pertain to the person's need.
The Contractor may not charge any fees for services.
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ARTICLE I
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Community Services for the Elderly- Residential Repair No. 001-JKD1-67774980-95285
Contributions & Satisfaction Surveys
a. The Contractor has the obligation to inform each recipient of the service in writing of the
opportunity to make a free, willing and anonymous contribution toward the cost of the service.
Service may not be denied, however, ifa person is unable or unwilling to make a contribution.
The privacy and confidentiality of each recipient with the respect of the recipients' contribution
or lack of contribution must be maintained. Acknowledgements of voluntary and/or anonymous
contributions are prohibited. All contributions must be used to enhance services available under
the program. Each recipient must be informed in writing of the opportunity to contribute upon
completion of the repair/renovation.
b. All printed materials used for the Program must include the sources of funding for the Program
and include the following statement:
Contributions to this (these) service(s) are made freely and voluntarily. Service will not
be denied because of inability or unwillingness to contribute. Any contribution you wish
to make will be used to expand the program and will be greatly appreciated.
c. The Contractor must maintain an audit trail of all incoming contributions and include these
conlxibutions in all required reports.
d. In accordance with NYOFA Regulation 6654.8, the Contractor must develop a method for
surveying client satisfaction and assure that the views of older persons are solicited and
considered as to the operation of the program. Such method shall respect the client's right to
confidentiality. The Contractor shall send each recipient an evaluation letter in the form approved
by the Department at the completion of the repair/renovation.
Targeting and Outreach
The Contractor shall give preference in providing services to older individuals with the greatest
economic or social needs, with particular attention to low-income minority individuals (42 U.S.C. §3025
(a) (1) (E)). The term "greatest economic need" is defined as the need resulting from an income at or
below the poverty levels as established by the Office of Management and Budget. The term "greatest
social need" refers to the need caused by non-economic factors which include physical and mental
abilities, language barriers, and cultural, social or geographical isolation including that caused by racial
or ethnic status which restricts an individual's ability to perform normal dally tasks or which threatens
such individual's capacity to live independently. (42 U.S.C. §302(21)).
The following four target groups have been identified as having the greatest economic and social needs:
minorities, low-income, frail and vulnerable.
In order to comply with Targeting requirements, the Contractor agrees to employ specific outreach
strategies which may include, but are not limited to, locating target populations using Census or other
resource data, distributing translated printed materials, location of services in catchment areas for
targeted populations, publicity to community-based groups, and utilizing minority staff/volunteers.
Successful targeting is demonstrated when the Contractor serves the target population in substantially
higher pementages than their representation in the general elderly population of the service area.
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ARTICLE I
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Community Services for the Elderly- Residential Repair No. 001-JKDI-6777-4980-95285
Coordination
The Contractor shall coordinate the delivery of services with other providers and organizations to
provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish
this, the Contractor will undertake activities such as, but not limited to, participation in inter-agency
meetings, coordination of referrals and follow-ups with other local service providers, entering into
agreements with other organizations for joint efforts and/or funding, centralized assessment and
maintaining up-to-date resource materials both within and outside the Contractor's organization.
Reporting Requirements
a. For reports required for this Agreement, one unit of service is equal to one hour of residential
repair/renovation sen4ce.
b. The Contractor must maintain records for all participants. The Contractor must report the
following specific type of demographic information, as applicable, for each individual
receiving services:
· Name.
· Sex.
· Age.
· Disabled/Frail.
Disabled - Any person who has a physical or mental impairment which substantially limits
one or more major life activities, has a record of such impairment, or is regarded as having
such an impairment. This includes alcoholism and dmg addiction.
Frail - A person with one or more functional deficits in the following areas: physical
functions; mental functions; activities of dally living (ADL) (eating, bed/chair transfer,
dressing, bathing, toileting and continence); instrumental activities of daily living (IADL)
(meal preparation, housekeeping, shopping, medications, telephone, travel and money
management).
· Live Alone.
· Rural.
· Low-Income - An income level at or below the poverty threshold, as established by the
Bureau of the Census as follows:
Size of Family Unit Poverty Threshold
1 $11,170/year
2 $15,130/year
· Minority - Those individuals belonging to one of the following groups: Native
American/Alaskan Native, Asian, Black, Native Hawaiian/Pacific Islander and Hispanic.
· Limited English Proficiency: Individuals who do not speak English as their primary
language and who have a limited ability to read, write, speak, or understand English may
be limited English proficient, and may be eligible to receive language assistance with
respect to a particular type of service, benefit, or encounter.
· ' Low-Income Minority - those minority persons whose income is at or below the poverty
threshold.
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ARTICLE I
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No. 001-JKD1-6777-4980-95285
c. The Contractor shall submit monthly reports covering program activity and expenses, containing at
least but not limited to the above, to be submitted to the Department by the eighth day of the month
following the period being reported, and any other reports as required by the Depm'tment. The reports
must be on a form specified by the Department and shall comply with all procedures required by the
Department for the proper payment of vouchers and audits.
Contractor's Staff
10.
a. The Contractor will provide an adequate number of qualified staff, which may include
volunteers, to assure the satisfactory conduct of this Program and to assure the health, safety
and welfare of participants.
b. The Department shall have the right to prior approval of the filling of the Contractor's staff
performing the services under this Agreement. The Contractor shall file with the Department
the procedures to be followed by workers and other staff in case of emergency.
Confidentiality
a. In the case of a request by the Department for names and addresses of individuals participating in
the program, the Contractor shall furnish such information as requested. Failure to comply with a
request by the Department for such information shall be deemed a material breach of this
Agreement and shall result in a freeze on all monies due and owing to the Contractor until
compliance by the Contractor.
b. The Contractor agrees that no personal information obtained from an individual in conjunction
with this program shall be disclosed in a form in which it is identified with the individual without
such individual's written consent to such disclosure, except to the Department. To assure
confidentiality, program reports and audit trails should not list the names of any clients, but may
contain identifying codes to indicate particular clients served.
Promotions and Advertisements
a. It is the responsibility of the Contractor to provide publicity for the program and to have an
identifying logo in equal sized lettering on any printed materials and on all brochures, flyers,
and advertisements (including without limitation television graphics), and on Program
vehicles, as follows:
Funded by the U.S. Department of Health and Human Services
through the
New York State Office for the Aging
and the
Suffolk County Office for the Aging
Any announcements of the Program on radio or television must identify funding in the same manner.
The provisions of this paragraph 10 supersede the provisions of paragraph 20a of Article lB.
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ARTICLE I
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Law No IFMS No. 0000000 5218
Community Services for the Elderly- Residential Repair No. 001-JKD1-6777-4980-95285
11. Administration
12.
13.
14.
a. Overall administration of this program will be the responsibility of the Contractor. The
Contractor or its designee will assure proper implementation and direction of the program, act as
liaison between the Department and the actual recipients of service and assure accuracy and
timeliness of submission of all reporting forms and expenditures.
b. Program staff shall attend meetings and trainings as requested by the department.
Monitoring
a. Financial Transactions
The Department's staff and staff of the New York State Office for the Aging may examine or review
evidence regarding the existence, timing and classification of financial transactions that are charged to
the program for reimbursement. To obtain this evidence, such staff may examine documentary
evidence, including financial statements, financial repo~, etc., and original records. Such staff may
make physical verification by actually observing or counting certain assets (e.g., cash, equipment
and supplies) to establish their physical existence.
Program
The Contractor will permit the Department's staff and staff of the New York State Office for
the Aging to review program records and to monitor training, supervision and services at any
time.
bo
Grievance Procedures
In accordance with {}306 (a) (6) (P) of the Older Americans Act, as amended (OAA), the
Department has established a process for resolving complaints fi:om older persons who are
dissatisfied with or denied services funded under Title III of the Act. The Contractor shall
comply with the requirements of the Grievance Procedures as set forth in Article IA - Grievance
Procedures.
Incident Reporting
a. The Contractor agrees to provide the Department with reports of all instances of claims, costs,
damages, and injuries to persons or property of whatsoever kind arising out of services provided under
this Agreement. All such notifications should be given to the Department immediately after the
incident, if possible, but in no case longer than five (5) days after the incident. The Cuntmctor further
agrees to send the Depamnent copies of all "notices of claim" or any other papers relating to litigation
it receives relating to the program covered under this Agreement.
b. The Contractor will report at least verbally to the Department, within 24 hours any incidents
involving the client, whether the incident requires medical attention or not. A written follow up
of such incident shall be sent to the Department within 5 days of occurrence. The Contractor will
report any circumstances outside normal events that affect the well-being of the client, including
deteriorating conditions and significant changes that might lead to unsafe conditions for the
client.
End of Article I
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ARTICLE I
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Article lA
Grievance Procedures
Purpose
In accordance with §306 (a) (6) (P) nfthe Older Americans Act, as amended (OAA), the Suffolk County
Office for the Aging has established a process for resolving complaints fi`om 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 the Department
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
Department program monitor must be given the reasons for the denial. The denial shall be
confirmed in writing and the applicant informed of the right to file a grievance and to whom
the grievance shall be addressed. 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
Filing of grievances must follow the following process:
i. Participants must submit their grievances in writing to the Department'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. The
Department's Program Administrator may grant an extension for good cause shown.
iii. The grievance should be filed on the form approved by the Department, which shall
include a written statement setting forth in detail the date, time and circumstances that are
the basis of the complaint.
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.
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.
ii.
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ARTICLE I
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iii. The designated reviewer shall prepare and send a ~ritten response to the grievant and to
the Departrnem's Director within fifteen (15) days after the grievance is filed. The
response shall set forth the circumstances relating to the grievance, the action requested
by the grievant, the findings of the reviewer, a proposed remedial action, if any, and
reason(s) for and facts relied on in the determination.
c. Appeal of Initial Response/Decision
i. The grievant may initiate a request for subsequent review by the Department's Director
within twenty (20) calendar days following receipt of notification by the Program
Administrator of the decision.
ii. The Department's Director shall request copies of the initial file on the complaint in
question. The Department's Director will review the materials to ensure that pertinent
policies and procedures have been applied and followed. If appropriate, the Departmem'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, the Department's Director will not
overturn the decision of the Program Administrator. If proper policies and procedures
have not been applied, the Department 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
The Department shall keep the records of the grievance and its handling for six 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 reports; any written response submitted by the Department or
the service provider; 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 fight to an appeal.
Confidentiality
No information, documents or other records relating to a grievance shall be disclosed by program staff or
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 Article lA
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ARTICLE I
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Community Services for the Elderly- Residential Repair No. 001-JKDt-6777-4980-95285
1. Meanings of Terms
Article II
Definitions
process; or
the Contractor's failure to comply with any
Federal, State or local law, mit, or regulation,
and County policies or directives; or
As used herein:
e. the Contractor's bankruptcy or insolvency; or
"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 all
intended revenue, whether received in the form of fees, grants,
County funding, or any other source, and expenditures necessary to
render the Services.
"Budget Deficiency Plan" means an analysis of the cost of the
Services, changes in fiscal conditions, and required modifications to
the Contract to continue to render the Services.
"Comptroller" means the Comptroller of the County of Suffolk.
"Contract" means all terms and conditions of this Contract, forming
all rights and obligations of the Contractor and the County.
"Contractor" means the signatory corporation, its officem, officials,
employees, agents, servants, sub-contractors, and any successor or
assigu of any one or more of the foregoing performing the Services.
"County" means the County of Suffolk, its departments, and
agencies.
"County Attorney" means the County Attorney of the County of
Suffolk.
"Department" means the signatory deparlment approving the
Contract.
"Engineering Services" means the definition of thc practice of
engineering and the definition of practice of land surveying, as the
case may be, under Section 7201 and Section 7203 of the State
Education Law, respectively.
"Event of Default" means
the Contractor's failure to perform any duty
required of it under paragraphs l(b)-(e) of
Article III of the Contract; or
the Contractor's failure to maintain the amount
and types of insurance with an authorized insurer
as required by the Contract; or
the Contractor's failure to maintain insurance
required by the Contract with an insurer that has
designated the New York Superintendent of
Insurance as its lawful agent for service of
the Contractor's failure to cooperate in an Audit
of Financial Statements; or
the Contractor's falsification of records or
reports, misuse of fnnds, or malfeasance or
nonfansance in financial record keeping arising
out of, or in connection with, any contract with
the County; or
thc Contractor's failure to submit, or failure to
timely submit, documentation to obtain Federal
or State funds; or
the inability of the County or the Contractor to
obtain Federal or State funds due to any act or
omission of the Contractor; or
jo
any condition that the County determines, in its
sole discretion, is dangerous.
"Federal" means the United States govemmant, 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.
"Management Letter" means a letter certified as tree by the
Contractor's certified public accountant or chief financial officer of
findings and recommendations for improvements in internal fiscal
control that were identified during an Audit of Financial Statements,
but which were not required to be included in an audit report.
"Municipal Corporation" means a town, village, or school district.
"Services" means all that which the Contractor must do, and any part
thereof erising out of, or in connection with, the Contract as
described in Article I "Description of Services."
"State" means the State of New York.
"Statement of Other Contracts" means a complete list of all other
contracts under which money has been or will be paid to the
Contractor from the County, Federal, or State 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
bean renewed.
12 of 32 pages
ARTICLE II
Law No IFMS No. 0000000 5218
· Community Services for the Elderly- Residential Repair No. 001-JKD1-6777.4980-95285
"Suffolk County Payment Voucher" means the document
authorized and required by the Comptroller for release of payment.
"Term" means the time period set forth on page one of the Contract
and, if exercised by the County, the option period.
2. Elements of Interpretation
Words of thc masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms, associations,
partnerships (including limited partnerships), trusts, corporations,
and other legal entities, including public bodies, as well as natural
persons, and shall include successors and assigns.
Capitalized terms used, but not otherwise defined, herein, shall have
the meanings assigned to them in the Contract.
End of Text for Article II
13 of 32 pages
ARTICLE II
Law No
Community Services for the Elderly- Residential Repair
bo
Article HI
General Terms and Conditions
Contractor Responsibilities
a. Duties and Obligations
i.)
It shall be the duty of the Contractor to
discharge, or cause to be discharged, all
of its responsibilities, end to administer
funds received in the interest of the
County in accordenen with the
provisions of the Contract.
ii.)
The Contractor shall promptly take all
action as may be necessary to render
the Services.
iii.)
The Contractor shall not take eny
action that is inconsistent with the
provisions of the Contract.
iv.)
Services provided under this Contract
shall be open to all residents of the
County.
Qualifications, Licenses, and Professional
Standards
i.)
The Contractor represents end warrants
that it has, end 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.
Notifications
i.)
The Contractor shall immediately
notify the County, in writing, of cay
disciplinary proceedings, commenced
or pending, with any authority relating
to a license held by eny person
necessary to qualify him, her, 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
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ARTICLE III
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No. 001-JKD1-6777-4980-95285
al~er a license holder has lost the
license required to qualify the license
holder or the Contractor to perform the
Services.
iii.)
In the event that the Contractor is not
able to perform the Services due to a
loss of license, the Contractor shall not
be reimbursed for the Services rendered
al~er the effective date oftarminatien of
such license. Without limiting the
generality of the foregoing, if cay 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 end 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, registration,
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 then
three (3) days after such restriction,
suspension, or revocation.
ii.)
The Contractor shall forward to the
Department, or division thereof, as the
case may be, on or before July I of
each year during the Term, a complete
list of the names end addresses of all
persons providing the Services, as well
as their respective areas of certification,
credentialing, registration, and
licensing.
Law No
Community Services for the Elderly- Residential Repair
Engineering Certificate
In thc 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, the Certificate of Authorization
("Certificate"), issued pursuant to
§ 7210 of the New York Education Law. ef e:':.~'
failure to file, submit, or maintain the Certificate
shall be grounds for rejection of any engineering
work product submitted for approval.
Termination
a. Thirty Days Termination
Thc County shall have thc 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 paragraph 24 of this
Article Ill.
d. Duties upon Termination
i.)
The Contractor shall discontinue the
Services as directed in the termination
notice.
ii.)
The County shall pay the Contractor
for the Services rendered through the
date of terminatiun.
iii.)
The County is released from any and all
liability under the Contract, effective as
of the date of the termination notice.
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IFMS No. 0000000 5218
No. 001-JKD1-6777-4980-95285
iv.)
Upon termination, the Contractor shall
reimburse the County the balance of
any funds advanced to the Contractor
by the County no later than thirty (30)
days at~er termination of the Contract.
The provisions of this subparagraph
shall survive the expiration or
termination of the Contract.
v.)
Nothing contained in, this paragraph
shall be construed as a limitation on the
County's rights set forth in paragraph 8
of this Article III.
Indemnification and Defense
The Contractor shall protect, indemnify, and hold
harmless the County, its agents, servants,
officials, and employees from and against all
liabilities, fines, penalties, actions, damages,
claims, demmlds, 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.
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 ur in connection with
any claim asserted for infringement of copyright.
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.
Altamatively, at the County's option, the County
may defend any such proceeding or action and
require the Contractor to pay reasonable
attorneys' fees or sala~ costs of County
employees of the Department of Law for the
defense of any such suit.
The Contractor shall continuously maintain,
during the Term of the Contract, insurance in
ARTICLE III
Law No IFMS No. 0000000 5218
Community Services for the Elderly- Residential Repair No. 001-JKD1-6777-4980.95285
amounts and types as follows:
i.)
Commercial General Liability
insurance, including contractual
liability coverage, in an amount not
less than Two Million Dollars
($2,000,000.00) per occurrence for
bodily injury and Two Million Dollars
($2,000,000.00) per occurrence for
property damage. The County shall be
named 'an additional insured.
ii.)
Automobile Liability insurance (if any
non-owned or owned 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
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 &such
employees as are required to be
covered by the provisions &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-occurrance or claims-made
coverage basis.
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 authorized to do
business in New York with an A.M. Best rating
of A- or better.
16 of 32 pages
The Contractor shall furnish to the County, prior
to the execution of the Contract, declaration
pages for each policy of insurance, other than a
policy for commercial general liability insurance,
and upon demand, a ~ue and certified original
copy of each such policy evidencing compliance
with the aforesaid insurance requirements. In the
case of commercial general liability insurance
and business use automobile insurance, the
Contractor shall famish to the County, prior to
th~ execution of the Contract, a dealaratian 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.
Alt evidence of insurance shall provide for the
C~unty to be notified in writing thirty (30) days
pnur to any cancellation, nouranewal, or material
change in the policy to which such evidence
relates. It shall be the duty of the Contractor to
notify the County immediately of any
cancellation, nouranewal, or material change in
any insurance policy.
f.
In the event thc Contractor shall fall to provide
evidence of insurance, the County may provide
the insurance required in such manner as the
County deems appropriate and deduct the cost
thereof from a Fund Source.
go
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
The Contractor is not, and shall never be, considered an
employee of the County for any purpose. Notwithstanding
anything contained in this Contract, the Contract shall not
be construed as creating a principal-agent 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 this
~untract, or the application thereof to any person or
ctrcumstance, shall be held invalid or unenforceable to any
extent, the remainder of the Contract, or the application of
such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and every other term and
provision of the Contract shall be valid and shall be
enforced to the fullest extent permitted by/aw.
ARTICLE III
Law No
Community Services for the Elderly- Residential Repair
Merger; No Oral Changes
It is expressly agreed that the Contract represents the entire
agreement of the parties and that ail previous
understandings are herein merged in the Contract. No
modification of the Contract shall be vaiid unless in written
form and executed by both parties.
Set-Off Rights
The County shall have all of its common law, equitable,
and statutory rights of set-off. These rights shall include,
but not be Iimited to, the County's option to withhold from
a Fund Soume an amount no greater than any sum due and
owing to the County for any reason. The County shall
exemise its set-offrights subject to approval by the County
Attorney. In cases of set-off pumannt to a Comptroller's
audit, the County shall only exercise such right al~er the
finalization thereof, and only at, er consultation with the
County Attorney.
I0.
Non-Discrimination in Services
11.
ao
The Contractor shall not, on the grounds of race,
creed, color, national origin, sex, age, disability,
sexual orientation, military status, or marital
status
i.) deny any individual the Services
provided pursuant to the Contract; or
ii.) provide the Services to an individual
that is different, or provided in a
different manner, from those provided
to others pursuant to the Contract; or
iii.) subject an individual to segregation or
separate treatment in any matter related
to the individual's receipt of the
Services provided pursuant to the
Contract; or
iv.) restrict an individual in any way from
any advantage or privilege enjoyed by
others receiving the Services provided
pursuant to the Contract; or
v.) treat an individual differently from
others in determining whether or not
the individual satisfies any eligibility or
other requirements or conditions which
individuals must meet in order to
receive the Services provided pursuant
to the Contract.
The Contractor shail not utilize criteria or
methods of administration which have the effect
of subjecting individuals to discrimination
because of their race, creed, color, national
origin, sex, age, disability, sexual orientation,
military status, or marital status, or have the
12.
13.
14.
17 of 32 pages
IFMS No. 0000000 5218
No. 001-JKDI-6777-4980-95285
effect of substantially impairing the Contract with
respect to individuals of a particular race, creed,
color, nationai origin, sex, age, disability, sexual
orientation, milita,-y status, or marital status, in
determining:
i.) the Services to be provided; or
ii.) the class of individuals to whom, or the
situations in which, the Services will be
provided; or
iii.) the class of individuals to be afforded
an opportunity to receive thc 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 ail
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 conflict of laws. Venue shall be
designated in the Supreme Court, Suffolk County, the
United States District Court for the Eastern District of New
York, or, if apprnpriate, a court of inferior jarisdiction in
Suffolk County.
No Waiver
It shail not be construed that any failure or forbearance of
the County to enforce any provision of the Contract in any
particular instance or instances is a waiver of that
provision. Such provision shail 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 conduct 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 Term.
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
ARTICLE III
law No
Community Services for the Elderly- Residential Repair
that may be required to defend the other party, its
employees and designated representatives, against any
claim, demand or action that may be brought against the
other party, its employees or designated representatives
arising out of, or in connection with, the Contract.
15. Confidentiality
Any document of the County, or any document created by
the Contractor and used in rendering the Services, shall
remain the property of the County and shall be kept
confidential in accordance with applicable laws, rules, and
regulations.
16. Assignment and Subcontracting
The Contractor shall not dclcgate its duties under
thc Contract, or assign, transfer, convey,
subcontract, sublet, or otherwise dispose of the
Contract, or any of its right, title or interest
therein, or its power to execute the Contract, or
assign all or any portion of the monies that may
be due or become due hereunder, (collectively
referred to in this paragraph 16 as "Assignment"),
to any other person, entity or thing without the
prior writtan consent of the County, and any
attempt to do any of the foregoing without such
consent shall be void ab initio.
Such Assignment shall be subject to all of the
provisions oftbe Contract and to any other
condition the County requires. No approval of
any Assignment shall be construed as enlarging
any obligation of the County under the terms and
provisions of the Contract. No Assignment of the
Contract or assumption by any person of any duty
of the Contractor under the Contract shall
provide for, or otherwise be construed as,
releasing the Contractor from any term or
provision oftbe Contract.
17. Changes to Contractor
The Contractor may, from time to time, only with
the County's written consent, enter into a
Permitted Transfer. For purposes of the
Contract, a Permitted Transfer means:
i.)
if the Contractor is a partnership, the
withdrawal or change, whether
voluntary, involuntary or by operation
of law, of the partners, or transfer of
partnership interests (other than the
pumhase of partnership interests by
existing parmers, by the partnership
itself or the immediate family members
by reason of gift, sale or devise), or the
dissolution of the partnership without
immediate reconstitution thereof, and
ii.)
if the Contractor is a closely held
18 of 32 pages
ARTICLE III
IFMS No. 0000000 5218
No. 001-JKDI-6777-4980-95285
corporation (i.e. whose stock is not
publicly held and not traded through an
exchange or over thc counter):
1. thc dissolution, merger,
consolidation or other
reorganization of the Contractor;
and
the sale or other transfer of twenty
percent (20%) Or more of the
shares of thc Cuntranmr (other
than to existing shareholders, the
corporation itself or the immediate
family members of shareholders
by reason of gitL sale or devise).
If the Contractor is a not-for-profit corporation, a
change of twenty percent (20%) or more of its
shares or members shall be deemed a Permitted
Transfer.
The Contractor shall notify the County in writing,
which notice (the "Transfer Notice") shall
include:
i.)
the proposed effective date of the
Permitted Transfer, which shall not be
less than thirty (30) days nor more than
one hundred eighty (180) days a~er the
date of delivery of the Transfer Notice;
ii.)
a sununary of the material terms of the
proposed Permitted Transfer;
iii,)
the name and address of the proposed
transferee;
iv.)
such information reasonably required
by the County, which will enable the
County to determine the financial
responsibility, character, and reputation
of the proposed transferee, nature of the
proposed assignee/Wansferee's business
and experience;
v.)
all executed forms required pursuant to
Article IV of the Contract, that arc
required to be submitted by the
Contractor; and
vi.)
such other information as the County
may reasonably require.
The County agrees that any request for its
consent to a Permitted Transfer shall be granted,
provided that the transfer does not violate any
provision of thc Contract, and thc Iransferec has
not been convicted of a criminal offense as
described under Article II of Chapter 143 of the
Suffolk County Code. The County shall grant or
Law No
Community Services for the Elderly- Residential Repair
18.
19.
20.
21.
deny its consent to any request of a Permitted
Transfer within twenty (20) days after delivery to
the County of the Transfer Notice, in accordance
with the provisions of Paragraph 24 of Article
III of the Contract. If the County shall not give
written notice to the Contractor denying its
consent to such Permitted Transfer (and setting
forth the basis for such denial in reasonable
detail) within such twenty (20)-day period, then
the County shall be deemed to have granted its
consent to such Permitted Transfer.
e. Notwithstanding the County's consent,
i.)
the terms and conditions of the
Contract shall in no way be deemed to
have been waived or modified; and
ii.)
such consent shall not be deemed
consent to any further transfers.
No Intended Third Party Beneficiaries
The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed
a beneficiary of the Contract and no third party shall have
the right to make any claim or assert any right under the
Contract.
22.
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 partner, business, commercial, economic, or
financial relationship with the County or its elected
officials. The Contractor also certifies that there is no
relationship within the third degree of consanguinity,
between the Contractor, any of its partners, members,
directors, or shareholders owning five (5%) percent or
more of the Contractor, and the County.
23.
Publications and Publicity
Any book, article, repot[ or other publication or
· printed matter related to the Services provided
pursuant to this Agreement shall contain the
following statement in clear and legible print:
"This publication is fully or partially funded by
the County of Suffolk."
24.
The Contractor shall not issue press releases or
any other information to the media, in any form,
cogcerning the Services, without obtaining prior
written approval from the County.
Copyrights and Patents
19 of 32 pages
IFMS No. 0000000 5218
No. 001-JKD1-6777-4980.95285
a. CopyHghts
If the work of the Contractor should result in the
production of origianl 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 the Contractor makes any discovery or
invemion during the Term, as a result of work
performed under the Contract, the Contractor
may apply for and secure for itself patent
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
Contractor warrants that, except as may otherwise be
authorized by agreement, it is not in arrears to 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 Suffollq Suffolk
County Code Chapter 234, as more fully set forth in the
Article entitled "Suffolk County Legislative Requirements,"
the Contractor shall maintain the documentation mandated
to be kept by this law on the construction site at all times.
Employee sign-in sheets and register/log books shall be
kept on the cons/faction site at all times and all covered
employees, as defined in the law, shall be required to sign
such sign-in sheets/register/log books to indicate their
presence on the construction site daring such working
hours.
Record Retention
The Contractor shall rataln all accounts, books, records,
and other documents relevant to the Contract for seven
(7) years after final payment is made by the County.
Federal, State, and/or County auditors and any persons
duly authorized by the County shall have full access
and the right to examine any of said materials during
said period. Such access is granted notwithstanding
any exemption from disclosure that may be claimed for
those records which are subject to nondisclosure
ARTICLE III
Law No
Community Services for the Elderly- Residential Repair
agreements, trade secrets and commercial information
or financial information that is privileged or
confidential Without limiting the generality of the
foregoing, records directly related to contract
expenditures shall be kept for a period often (10) years
because the statute of limitations for the New York
~alse Claims Act (New York False Claims Act § 192)
Is ten (10) years.
25. Notice
Unless otherwise expressly provided, all notices shall be in
writing and shall be deemed sufficiently given if sant by
regular first class mall and certified mail, or personally
delivered during business hours as follows: 1.) to the
Contractor at the address on page l of the Contract and 2.)
to the County at the Department, or as to either of the
foregoing, to such other address as the addressee shall have
indicated by prior written notice to the addressor. All
notices received by the Contractor relating to a legal claim
shall be immediately sent to the Department and also to the
County Attorney at H. Lee Dennison Building, 100
Veterans Memorial Highway, P.O. Box 6100, (Sixth
Floor), Hauppange, New York, 11788-0099.
IFMS No. 0000000 5218
No. 001-JKD1-6777-4980-95285
End of Text for Article III
20 of 32 pages
ARTICLE III
Law No
Community Services for the Elderly- Residential Repair
Article IV
Suffolk County Legislative Requirements
1. Contractor's/Vendor's Public Disclosure Statement
It shall be the duty of the Contractor to read, become
familiar with, and comply with the mquiremants of section
A5-7 of Article V of the Suffolk County Code.
Unless certified by an officer of the Contractor as being
exempt fi-om the requirements of section A5-7 of Article V
of the Suffolk County Code, the Contractor represents and
warrants that it has filed with the Comptroller the verified
public disclosure statement required by Suffolk County
Administrative Code Article V, section A5-7 and shall file
an update of such statement with the Comptroller on or
before the 31 st day of January in each year of the
Contract's duration. The Contractor acknowledges that
such filing is a material, contractual and statutory duty and
that the failure to file such statement shall constitute a
material breach of the Contract, for which the County shall
be entitled, upon a determination that such breach has
occurred, to damages, in addition to all other legal
remedies, of fifteen pereant (15%) of the amount of the
Contract.
Required Form:
Suffolk County Form SCEX 22; entitled
"Contractor's/Vendor's Public Disclosure Statement"
2. Living Wage Law
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Chapter
575, of the Suffolk County Code.
This Contract is subject to the Living Wage Law of the
County of Suffolk. The law requires that, unless specific
exemptions apply, all employers (as defined) under service
contracts and recipients of County financial assistance, (as
defined) shall provide payment ora minimum wage to
employees as set forth in the Living Wage Law. Such rate
shall be adjusted annually pursuant to the terms of the
Suffolk County Living Wage Law of the County of Suffolk.
Under the provisions of the Living Wage Law, the County
shall have the authority, under appropriate circumstances,
to terminate the Contract and to seek other remedies as set
forth therein, for violations of this Law.
Required Forms:
Suffolk County Living Wage Form LW-1; entitled "Suffolk
County Department of Labor - Living Wage Unit Notice of
Application for County Compensation (Contract)."
Suffolk County Living Wage Form LW-38; entitled
"Suffolk County Department of Labor - Living Wage Unit
Living Wage Certifieatiun/Declaration - Subject To
Audit."
21 of 32 pages
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No. 001-JKD1-6777-4980-95285
Use of County Resources to Interfere with Collective
Bargaining Activities
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article I
of Chapter 803 of the Suffolk County Code:
County Contractors (as defined by section 803-2) shall
comply with all requirements of Chapter 803 of the Suffolk
County Code, including the following prohibitions:
a. The Contractor shall 'not use County funds to
assist, promote, or deter union organizing.
bo
No County funds shall be used to reimburse the
Contractor for any costs incurred to assist,
promote, or deter union organizing.
Co
No employer shall use County property to hold a
meeting with employees or supervisors if the
purpose of such meeting is to assist, promote, or
deter union organizing.
If the Services are performed on County property, the
Contractor must adopt a reasonable access agreement, a
neutrality agreement, fair communication agreement, laon-
intimidation agreement, and a majority authorization card
agreement.
If the Services are for the provision of human services and
are not to be performed on County property, the Contractor
must adopt, at the least, a neutrality agreement.
Under thc provisions of Chapter 803, the County shall have
the authority, under appropriate circumstances, to terminate
the Contract and to seek other remedies as set forth therein,
for violations of this Law.
Required Form:
Suffolk County Labor Law Form DOL-LO1; entitled
"Suffolk County Department of Labor- Labor Mediation
Unit Union Organizing Certification/Declaration - Subject
to Audit."
Lawful Hiring of Employees Law
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
II of Chapter 353 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
empIoyers, (as defined), and the owners thereof, as the case
may be, that are recipients of compensation fi-om the
County through any grant, loan, subsidy, funding,
appropriation, payment, tax incentive, contxact,
subcontract, license agreement, lease or other financial
compensation agreement issued by the County or an
awarding agency, where such compensation is one hundred
percent (100%) funded by the County, shall submit a
completed swom affidavit (under penalty ofparjury), the
form of which is aRached, certifying that they have
ARTICLE IV
Law No
Community Services for the Elderly- Residential Repair
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
care 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 care 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, ar the case may be. The affidavit shall be
executed by an authorized representative of the contractor,
subcontractor, or owner, ar the case may be; shall be part of
any executed contract, subcontract, license agreement, leare
or other financial compensation agreement between the
covered employer and the County; and shall be made
available to the public upon request.
An updated affidavit shall be submitted by each such
employer, owner, contractor and subcontractor no later
than January I of each year for the duration of any contract
and upon the renewal or amendment of the Contract, and
whenever a new contractor or subcontractor is hired under
the terms of the Contract.
The Contractor acknowledges that such filings are a
material, contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach
of the Contract.
Under the provisions of the Lawful Hiring of Employees
Law, the County shall have the authority to terminate the
Contract for violations of this Law and to seek other
remedies available under the law.
The documentation mandated to be kept by this law shall at
all 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, ar defined in the
law, shall be required to sign such sign-in
sheets/register/log books to indicate their presence on the
site during such working hours.
Required Forms: 8.
Suffolk County Lawful Hiring of Employees Law Form
LHE-1; entitled "Suffolk County Department of Labor -
Notice Of Application To Certify Compliance With Federal
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IFMS No. 0000000 5218
No. 001-JKD1-6777-4980-95285
Law (8 U.S.C. Section 1324a) With Respect To Lawful
Hiring of Employees."
Suffolk County Lawful Hiring of Employees Law Form
LHE-2; entitled "Affidavit Of Compliance With The
Requirements Of 8 U.S.C. Section 1324a With Respect To
Lawful Hiring Of Employees"
Suffolk County Lawful Hiring of Employees Law Form
LHE-6; entitled "Notice of Non-Applicability For
Compliance With Federal Law (8 H.S.C. Section 1324A)
With Respect To Lawful Hiring Of Employees."
Gratuities
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Chapter
664 of the Suffolk County Code.
The Contractor represents and warrants that it has not
offered or given any gratuity to any official, employee or
agent of the County or the State or of any political party,
with the purpose or intent of securing an agreement or
securing favorable treatment with respect to the awarding
or amending of an agreement or the making of any
determinations with respect to the performance of an
agreement.
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 Aaicle IV of the Suffolk County
Code.
The Contractor represents that it is in compliance with
sections A4-13 and A4-14 of Article IV of the Suffolk
County Code. Such law provides that no contract for
consulting services or goods and services shall be awarded
by the County to a business previously incorporated within
the U.S.A. that has reincorporated outside the U.S.A.
Child Sexual Abuse Reporting Policy
It shall be the duty of the Contractor to mad, become
familiar with, and comply with the requirements of.Article
Il of Chapter 880 of the Suffolk County Code.
The Contractor shall comply with Article Il of Chapter 880,
of the Suffolk County Code, entitled "Child Sexual Abuse
Reporting Policy," as now in effect or amended hereafter or
of any other Suffolk County Local Law that may become
applicable during the term of the Contract with regard to
child sexual abuse reporting policy.
Non Responsible Bidder
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of.article
I1 of Chapter 189 of the Suffolk County Code.
ARTICLE IV
Law No
Community Services for the Elderly- Residential Repair
10.
Upon signing the Contract, the Contractor certifies that it
has not been convicted of a criminal offense within the last
ten (10) years. The term "conviction" shall rriean a finding
of guilty after a trial or a plea of gnilty to an offense
covered under section 189-5 of the 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 Article
III of Chapter 893 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.
Youth Sports
It shall be the duty of the Contractor to mad, become
familiar with, and comply with Article III of Chapter 730 of
the Suffolk County Code.
All contract agencies that conduct youth sports programs
are required to develop and maintain a written plan or
policy addressing incidents ofpossthle or actual concussion
or other head injuries among sports program participants.
Such plan or policy must be submitted prior to the award of
a County contract, grant or f~nding. Receipt of such plan
or policy by the County does not represent approval or
il.
12.
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No. 00t-J KD1-6777-4980-95285
endorsement of any such plan or policy, nor shall the
County be subject to any liability in connection with any
such plan or policy.
Work Experience Participation
If the Contractor is a not-for-profit or governmental agency
or institution, each of the Contractor's locations in the
County at which the Services are provided shall be a work
site for public-assistance clients of Suffolk County pursuant
to Chapter 281 of the Suffolk County Code at all times
during the Term of the Contract. If no Memorandum of
Understanding CMOU") with the Suffolk County
Department of Labor for work experience is in effect at the
beginning of the Term of the Contract, the Contractor, if it
is a not-for-profit or governmental agency or institution,
shall enter into such MOU as soon as possible after the
execution of the Contract and failure to enter into or to
perform in accordance with such MOU shall be deemed to
be a failure to perform in accordance with the Contract, for
which the County may withhold payment, terminate the
Contract or exemise 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
accessed on the homepage of the Suffolk County
Legislature.
End of Text for Article IV
23 of 32 pages
ARTICLE IV
Law No IFMS No. 0000000 5218
Community Services for the Elderly- Residential Repair No. 001-JKD1-6777-4980-95285
Article V
General Fiscal Terms and Conditions
!. General Payment Terms
Presentation of Suffolk County Payment
Voucher
In order for payment to be made by thc County to
the Contractor for the Services, the Contractor
shall prepare and present a Suffolk County
Payment Voucher, which shall be documented by
sufficient, competent and evidential matter.
b. Voucher Documentation
Thc Suffolk County Payment Voucher shall list
all information regarding the Services and other
items for which expenditures have been or will be
made in accordance with the Contract. Either
upon execution of the Contract (for the Services
already rendered and expenditures already made),
or not more than thirty (30) days at~ar the
expenditures were made, and in no event a~er the
31q day of January following the end of each year
of the Contract, the Contractor shall furnish the
County with detailed documentation in support
of the payment for the Services or expenditures
under the Contract e.g. dates of the Service,
worksite locations, activities, hours worked, pay
rotes and all program Budget categories. The
Suffolk County Payment Voucher shall include
time records, certified by thc Contractor as true
and accurate, of all personnel for whom
expenditures am claimed during the period.
Time and attendance records ora project director,
if any, shall be certified by the Chairperson,
President or other designated member of the
Board of Directors of the Contractor. All Suffolk
County Payment Vouchers must bear a signature
as that term is defined pursuant 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
Contrantor official empowered to sign the
Contract. Disbursements made by the Contractor
in accordance with the Contract and submitted
for reimbursement must be documented and must
comply with accounting procedures as set forth
by the Suffolk County Department of Audit and
Control. Documentation, including any other
form(s) required by County or the Suffolk
County Departmem of Audit and Control, shall
be fiaroished to the County pursuant to, and as
limited by, the Regulations for Accounting
Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
addition to any other remedies that the County
may have, failure to supply the required
documentation will disqualify the Contractor
24 of 32 pages
ARTICLE V
from any further County contracts.
Payment by County
Payment by the County shall be made within
thirty (30) days a~er approval of the Suffolk
County Payment Voocher by the Comptroller.
Budget Modification
i.)
The parties shall use the ConUact
Budget Modification Request form
("Budget Modification") for revisions
to the Budget and Services not
involving an increase to the total cost
of the Contract. The Contractor shall
submit to the County the Budget
Modification proposed revisions for
either Budget or tbe Services. Such
request must be made in advance of
incurring any expenditure for which the
revision is needed.
ii.)
When the County and the Contractor
agree as to such revisions, the
Contractor shall exacute the Budget
Modification form. The Contractor
shall return it to the County for
execution.
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 calendar year
and may only be submitted prior to
November 15t~ of that year.
Budget and/or Services Revisions
i.)
ii.)
The parties shall use the Contract
Budget/Services Revision Approval
Form (Budget/Services Revisions) for
revisions to the Budget and Services
involving any change to the total cost
of the Contract due tu a resolution of
the Legislature, changes to the
County's adopted annual budget, or for
any other reason necessitating revisions
to the Budget or Services.
When the County and the Contractor
agree as to such revisions, the
Contractor shall execute the
Budget/Services Revisions form. The
Contractor shall return it to the County.
Law No
Community Services for the Elderly- Residential Repair
iii.)
Upon complete execution of the form
by the parties, the County shall tatum 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 arc exclusive of federal, state, and local
taxes, the County being a municipality exempt
from payment of such taxes.
g. Final Voucher
The acceptance by the Contractor of payment of
all billings made on the final approved Suffolk
County Payment Voucher shall operate as and
shall be a release oftbe County from all claims
by the Contractor.
2. Subject to Appropriation of Funds
The Contract is subject to the amount of funds
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature,
and no liability shall be incurred by the County
beyond the amount of funds appropriated each
fiscal year by the County 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 pan,
for payments made for the Services, thc County
shall have the sole and exclusive right to:
i.) determine how to pay for the Services;
ii.)
determine future payments to the
Contractor; and
iii.)
determine what mounts, if any, are
reimbursable to the County by thc
Contractor and the terms and
conditions under which such
reimbursement shall be paid.
The County may, during the Term, impose a
Budget Deficiency Plan. In the event that a
Budget Deficiency Plan is imposed, the County
shall promptly notify the Contractor in writing of
thc 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.
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IFMS No. 0000000 5218
No. 001-JKDt -6777-4980-95285
Personnel Salaries, Pension and Employee Benefit
Plans, Rules and Procedures
Upon request, the Contractor shall submit to the
County a current copy, certified by the
Contractor as true and accurate, of its
i.)
salary scale for all positions listed in
the Budget;
ii.) personnel roles and procedures;
iii.)
pension plan and any other employee
benefit plans or arrangements.
bo
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 V, the County shall not be limited in
requesting such additional financial information
it deems reasonable.
Accounting Procedures
The Contractor shall maintain accounts, books,
records, documents, other evidence, and
accounting procedures and practices which
sufficiently and properly reflect all direct and
indirect costs of any nature expended in the
performance of the Contract, in accordance with
generally accepted accounting principles and
with rules, regulations and financial directives, as
may be promulgated by the Suffolk County
Department of Audit and Control and the
Department. The ConUactor shall permit
inspection and audit of such accounts, books,
records, documents and other evidence by the
Department and the Suffolk County Comptroller,
or their representatives, as often as, in their
judgment, such inspection is deemed necessary.
Such right of inspection and audit as set forth in
subparagraph b. below shall exist during the
Term and for a period of seven (7) years after
expiration or termination of the Contract.
The Contractor shall retain all accounts, books,
records, and other documents relevant to the
Contract for seven (7) years after final payment is
made by the County. Federal, State, and/or
County auditors and any persons duly authorized
by the County shall have full access and the right
to examine any of said materials during said
period. Such access is granted notwithstanding
any exemption from disclosure that may be
claimed for those records which are subject to
nondiselosure agreements, trade secrets and
commercial information or financial information
that is privileged or confidential.
ARTICLE V
Law No
Community Services for the Elderly- Residential Repair
IFMS No. 0000000 5218
No. 001-JKDI-6777-4980-95285
The Contractor shall utilize the accrual basis of
accounting and will submit all financial reports
end claims based on this method of accounting
during the Term.
Audit of Financial Statements
All payments made under the Contract are
subject to audit by the Comptroller pursoent to
Article V of the Suffolk County Charter. The
Contractor further agrees that the Comptroller
and the Department shall have access to and the
fight to examine, audit, excerpt, copy or
transcribe eny pertinent transactions or other
records relating to services under the Contract. If
such an audit discloses overpayments by the
County to the Contractor, within thirty (30) days
al~er the issuence of an official audit report by the
Comptroller or his duly designated
representatives, the Contractor shall repay the
amount of such overpayment by check to the
order of the Suffolk County Treasurer or shall
submit a proposed plen of repayment to the
Comptroller. Iftbere is no response, or if
satisfacto~J repayments are not made, the County
may recoup overpayments from any amounts due
or becoming due to the Contractor bom the
County under the Contract or otherwise.
The provisions of this paragraph shall survive the
expiration or termination of the Contract.
Financial Statements and Audit Requirements
no
Notwithstending eny other reporting or
certification requirements of Fedesal, 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 and operations of the
Contractor, including a balance sheet end
statement of income and expenses, attested by the
Auditor as fairly end accurately reflecting the
accounting records of the Contractor in
accordence with generally accepted accounting
principles. The Contractor may solicit requests
for proposals from a number of qualified
accounting firms end review carefully the costs
of, end qualifications for, this type of work before
selecting the Auditor.
The Auditor shouId be required to meet the
following minimum requirements:
do
i.) a current license issued by
the New York State
Education Department;
ii.) sufficient auditing experience
in the not-for-profit,
governmental or profit-
making areas, as applicable;
and
iii.) a satisfactory peer review
issued within not more than
three (3) years prior to the
dat~ when the Auditor was
selected to conduct the audit.
The audit must be conducted in accordance with
generally accepted gnvemmental auditing
standards. Finencial statements must clearly
differentiate b~qween 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 Menagement Letter
based on the audit.
In the event the Contractor is a not-for-profit
organization or unit of local government and
expends five hundred thousend ($500,000.00)
dollars or more of Federal monies, whether as a
recipient expending awards recoived directly
from Federal awarding agencies, or as a
subrecipient expending Federal awards received
from a pass-thrungh entity, such as New York
State o~' Suffolk County, during any fiscal year
within which it receives funding under the
Contract, the audit must be conducted, and the
audit report ("Single Audit Report'~ must be, in
accordance with OMB Circular No. A-133
(revised June 27, 2003). Single Audit Reports
must also be submitted to the designated
clearinghouse, cognizant agency end/or pass-
through entity, to the extent required by the OMB
Circular referred to above.
The Contrac~r 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 the
Deparlment and to the Executive Director of
Auditing Services, Suffolk County Deparm~ent of
Audit end Control, H. Lee Dennison Building,
100 Veterans Memorial Highway, P. O. Box
6100, Hauppauge, New York 11788-0099, as
soon as possible after the end oftbe Contractor's
fiscal year. The statement must include all
Federal funding received directly from the
Federal government and all Federal funds passed
through from the County end other pass-through
entities.
26 of 32 pages
ARTICLE V
Law No
Comm,,nity Services for the Elderly- Residential Repair
Copies of all financial statements, Management
Letters, Single Audit Reports and other audit
reports 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 at, er completion
of the audit, but in no event later than nine (9)
months after the end of the Contractor's fiscal
year, to which the audit relates.
These requirements do not preclude the County,
the Comptroller, or their authorized
representatives, or Federal or State auditors from
auditing ali 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
ao
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 ($I,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 tike new unless specifically described
otherwise in the Budget.
h°
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 furniture, fixtures,
equipment, materials, or supplies for
the Contractor in accordance with the
programmatic needs of the Contract. If
the County exercises this right, the
amount budgeted for the items so
purchased or obtained by the County
for the Contractor shall not be available
27 of 32 pages
ARTICLE V
do
IFMS No. 0000000 5218
No. 001-JKD1-6777-4980-95285
to the Contractor for any purpose
whatsoever. Title to any such items
purchased or otherwise obtained by the
County for the programs encompassed
by the Contract and entrusted to the
Contractor, shall remain in the County.
iii.)
The County shall retain a proprietary
interest in all furniture, removable
fixtures, equipment, materials, and
supplies pumhased or obtained by the
Contractor and paid for or reimbursed
to the Contractor pumuant to the terms
of the Contract or any prior agreement
between the parties.
iv.)
The Contractor shall attach labels
indicating the County's proprietary
interest or title in all such property.
County's Right to Take Title and Possession
Upon the termination or expiration of the
Contract or any renewal thereof, thc
discontinuance of the business of thc Contractor,
thc failure of the Contractor to comply with thc
terms of the Contract, thc bankruptcy of the
Contractor, an assignment for the benefit of its
creditors, or the failure of the Contractor to
satisfy any judgment against it within thirty (30)
days of filing of the judgmant~ the County shall
have the right to take title to and possession of all
furniture, removable fixtures, equipment,
materials, and supplies and the same shall
thereupon become the property of the 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 all
such furniture, removable fixtures and equipment
acquired pursuant to the Contract and all prior
agreements between the parties, if any. Three (3)
months before the expiration date of the Contract,
the Contractor shall make a physical count of all
items of furniture, removable fixtures and
equipment in its custody, checking each item
against the aforesaid inventory records. A report
sctting forth the results of such physical count
shall be prepared by the Contractor on a form or
forms designated by the County, certified and
signed by an authorized official of the
Contractor, and one (1) copy thereof shall be
delivered to the County within five (5) days after
the date set for the aforesaid physical count.
W/thin five (5) days after the termination or
expiration date of the Contract, the Contractor
shall submit to the County six (6) copies of the
same report updated to such date of the Contract,
certified and signed by an authorized official of
Law No
Community Services for the Elderly- Residential Repair
the Contractor, based on a physical count of all
items of fumitare, removable fixtures and
equipment on the aforesaid expiration date, and
revised, if necessary, to include any inventory
changes during the last three (3) months of the
Term.
Protection of Property in Contractor's
Custody
10.
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 tire, burglary,
theR, disappearance, vandalism, or misuse. In the
event of burglary, theft, vandalism, or
disappearance of any item of furniture, fixtures,
equipment, material or supplies, the Contractor
shall immediately notify the police and make a
record thereof, including a record of the results of
any investigation which may be made thereon. In
the event of lass of or damage to any item of
furniture, fixtures, equipment, materials, or
supplies from any cause, the Contractor shall
immediately send the County a detailed written
report thereon.
f.
Disposition of Property in Contractor's
Custody
Upon termination of the County's funding of any
of the Services covered by the Contract, or at any
other time that the County may direct, the
Contractor shall make access available and render
all necessary assistance for physical removal by
the County or its designee of any or all furniture,
removable fixtures, equipment, materials or
supplies in the Contractor's custody in which the
County has a proprietary interest, in the same
condition as such property was received by the
Contractor, reasonable wear and tear excepted.
Any disposition, settlements or adjustments
connected with such property shall be in
accordance with the rules and regulations of the
County and the State of New York.
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 lease or
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,
28 of 32 pages
ARTICLE V
IFMS No. 0000000 52t8
No. 001 -JKDl-6777.4980-95285
which shall be attached as an exhibit to the Contract. If thc
Contract is amended during the Term, or if the County
exercises its option right, the Contractor shall attach a then
current Statement of Other Contracts.
Miscellaneous Fiscal Terms and Conditions
a. Limit of County's Obligations
The maximum amount to be paid by the County
is set forth on the first page of the Contract.
b. Duplicate Payment from Other Sources
Payment by the County for the Services shall not
duplicate payment received by the Contractor
from any other source.
c. Funding Identification
The Contractor shall promptly submit to the
County upon request, a schedule for all programs
funded by the County, itemizing for each such
program the sums received, their source and the
total prognun budget.
do
Outside Funding for Non-County Funded
Activities
Notwithstanding the foregoing provisions of the
Contract, it is the intent of the County that the
terms and.conditions of the Contract shall not
limit the Contractor from applying for and
accepting outside grant awards or from providing
additional educational activities/services which
may result in the Contractor incuning additional
costs, as long as the following conditions are met:
i.)
ii.)
iii.)
iv.)
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 to scheduling any such additional
services on County-owned property,
the Contractor shall obtain written
County approval. The Contractor 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
Law No
Community Services for the Elderly- Residential Repair
shall be utilized to cover the
expenditures incurred by the Contractor
in undertaking the additional services.
e. 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 the event payments
are subject to such funding no payment shall be
made until the Contractor submits documentation
in the manner and form as shall be required by
State and/or Federal agency. If late submission
of claims precludes the County from claiming
State or Federal reimbursement, such late claims
by the Contractor shall not be paid by the County
subject to subparagraph g. below, if, for any
reason, the full amount of such funding is not
made available to the County, the Contract may
be terminated in whole or in part, or the amount
payable to the Contractor may be reduced at the
discretion of 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.
g. Denial of Aid
Ifa State or Federal government agency is
funding the Contract and fails to approve aid in
reimbursement to the County for payments made
hereunder by the County to the Contractor for
expenditures made during the Term because of
any act, omission or negligence on the part of the
Contractor, then the County may deduct and
withhold from any payment due to the Contractor
an amount equal to the reimbursement denied by
thc state or federal government agency, and the
County's obligation to the Contractor shall be
reduced by any such amounts. In such an event,
if there should be a balance due to the County
after it has made a final payment to the
Contractor under the Contract, on demand by the
County, the Contractor shall reimburse the
County for the amount of the balance due the
County, payable to the Suffolk County Treasurer.
The provisions of this subparagraph shall survive
the expiration or termination of the Contract.
29 of 32 pages
ARTICLE V
IFMS No. 0000000 52t8
No. 001-JKD1-6777*4980-95285
Budget
The Contractor expressly represents and agrees
that the Budget lists all revenue, expenditures,
personnel, personnel costs and/or all other
relevant costs necessary to provide the Services.
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
The Conlractor agrees that if, for any reason
whatsoever, the Contractor shall spend during the
Term for the purposes set foah 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
actual Contractor expenditures made for such
purposes. The total amount to be paid by the
County shall not exceed the lesser of(i) 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 Cuntmctor's total amount of allowable
expenses is less than the total amount of the
payments mad~ during the Term, the Contractor
shall prepare a chock payable to the Suffolk
County Treasurer for the difference between the
two amounts and submit such payment to the
County, along with the final Suffolk County
Payment Voucher.
Travel Costs
Reimbursement to the Contractor for travel costs
shall not exceed amounts allowed to County
employees.
Attendance at Conferences
All conferences that are partially or fully funded
by the County that the Contractor's staffwisbes
to attend must be pre-apprevad, in writing, by the
County and must be in compliance with Suffolk
County Standard Operating Procedure A-07 and
Executive Order No. 4-2004.
Salaries
The Contractor shall not be eligible to receive
any salary reimbursement until proof of deposit
or payment of all withholding and payroll taxes
to the Federal/State governments has been
provided to the County.
Law No IFMS No. 0000000 5218
Community Services for the Elderly- Residential Repair No. 001-JKD1-6777-4980-95285
n. Salary Increases
No salary, wage, or other compensation for the
Services shall be increased over the amount
stated in the Budget without the prior written
approval of the County.
The County shall have the right of prior approval
of thc Contractor's filling of any vacant position
as of the date of execution of the Contract or as
may thereafter become vacant, and, in the
exercise of that right. The County may
promulgate reasonable mgalations involving
filling of vacancies which shall be deemed to be
incorporated by reference in, and be made part
of, the Contract, provided, however, that subject
to the availability of funding, approval for the
hiring of replacement clerical shall be a
Contractor determination.
p. No Limitation On Rights
Notwithstanding anything in this Article V to thc
contraxy, 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's Agreements" as promulgated by the
County Department of Audit and Control and any
amendments thereto during the Term. 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 V
30 of 32 pages
ARTICLE V
Law No IFI~S No. 0000000 $218
Community Services for the Elderiy- Residential Repair No. 001-JKDl-6777.4980.95285
Exhibits
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit $
Exhibit 6
Exhibit 7
Exhibit 8
Public Disclosure
Living Wage
Union Certification
Lawful Hiring
Certification Regarding Lobbying
Exhibit 9
Exhibit 10
Exhibit 11
Legislative Designated Funding Applications; Budget
Budget Modification Request
Budget/Services Revisions Approval
Standard Operating Procedure A-07 Amendment 1
and Executive Order 14-2007 or any successor order.
Comptroller's Rules and Regulations for Consultant's Agreements
Statement of Other Contracts
31 of 32 pages
DATE:
NOTICE OF APPLICABILITY
OF LIF1NG WAGE LAW
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
To Be Completed By The Living Wage Unit
March 7, 2012
TO: Ellen D. Frankino, S. C. Office of the Aging
FROM: Br~}osenberg, Director of Living Wage Compliance Unit
TELEPHONE/..#: 853-2063
VENDOR #: 11-6001939 REF.#: CSE Resi~ential Repair
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
Seetlom I
Cbec~ if
AppLicable
m~'J~ 6d fre tim mubject d'b mnfrm~t ~Hth b Couaty of 9uf}olk d~U mint mo Coumq, fmmdi to mbt. {
h fm~hr a~me tbmt i/v~ viii mum .County jmupezty to bom memetinp to mmdmt, imnnots, or
mlmpl~ that no ndndnmnmmmt ~om County fmmds has lumen sought b mdm a h mlumm limt n~wh fucsmb
l/we fnflher Mttnn to tim foliowh6 as to the ~mods mnd/~ services that u the t of the 4nmitmet with the
· I/we will no; expm to empioym shy film or' mide~ Jnlbmutkm Ihat b intended to hflueuce tho
· l/we w4]i not nquire n unplop~ ~ (~ h a 8rouA to nueod a ~ o~ an ewnt thtt b intruded to
adopion of ~ ptueedmu fro' the mohaion dpnmeognid~ lab~ dbputu with employees
~npp~d h h ~ of~a~ or h rend~ of m'vJ~ f~ th ~qmt~; md
the dlichnt, timdy, ami q~ ~ dgoods and m'vk~ to dm County. h shrill indmle a list of said
Applicable
]}OL-LO]
Town of Southold
53095 Main Road,
Southold, New York
P.O. Box 1179
11971
Senior Services Contact:'
Karen McLaughlin, Director
11-6001939
$ !9,380.
631 298-4460
CSE Residential Repair
Community Services for the Elderly - Residential Repair Program for the Elaerly
I dedms under P~ d per~n~ uder b Lmu of the SMe of b Yak tbot Jbo undeniped b tuthrb~ to lxu~Jdo ~
Scott A..Russell, South'old Town Supervisor
Prim Nsmo ndTMe ofAmboflnd l~ve
SUFFOLK COUNTY DEPARTMENT OF LABOR
NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW
(8 U.S.C. SECTION 1324A~
WITH RESPECT TO L4 WFUL HIRING OF EMPLOYEES
VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES
Suffolk County Code, Chapter 234 (2006)
To Be Completed By the Local Law Compliance Unit
DATE: March 6, 2012
TO: Ellen D. Frankino~ S. C. Office of the Aging
EMPLOYER: Town of South#Id
VENDOR #: 11-6001939
REF. 0: CSE Residential Repair
You are hereby notified that the submission from Town of South#Id has been received by the
La~ful 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 Lcavful 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 w~ll be paid, by or on
· behalf of the undemigned, to any pemon for influencing or attempting to i~uence
legisl~on or appropriation act]oM panding before local, State and Federal execul]ve
and/or legislative bodies in connection ~ the awarding of any contract, the making of
any grant, the maldng of any loan, ~e entering of any coopamthm agreement, and the
extensk)n, continuat~on, renewal, amendment, or modit~a6on of any contract, gmat
loan, or cooparat~ve agreement.
(2) If any funds other than State or Federal appropriated funds have been paid or will
be paid to any parson for ir~uencing or atteml~ng to Influence legbMion or
appropriation actions pending before local, State and Federal execute .nd/or
laglela~ve bodies in conneotk)n with this c~ grant, loan or cooparab~e agreement,
the undersigned shall complete and submit Standard Form LLL, "Dbclceum Form to
Report Lobbying', in accordance with b instmcttons.
(3) The undersigned shall require that the language of'this cert~cat]on be included in
the award documents for all subawarda at all tiers (Including subcontracts, aubgmnts,
and contracts under grants, loans, and cooperative agreements) and that all
· subreclpients shall.cert~y and disclose accordingly.
This ce, UI;ca§on is a material representation of faot UpOn which mlisnce was placed
when this transaction was mede or entered into. Submission of this certiflcetion is a
prerequisite for making or entering into this trans~ction imposed by Secl]on 1352, T'~le
31, U.S. Code. Failure to file the required ce~:ation shall be subject to civil penalty by
the Federal government of not less than $10,000 and not more than $100,000 for each
such foilure;.
Signature of Otficial Authorized
To Sign Application
For:.
Town of Southold
Name of Grantee
Law No IFMS No. 0000000 5218
Community Services for the Elderly- Residential Repair No. 001-JKD1-6777-4980-95285
Exhibit 6
Budget
CSE Residential Repair Program
Town of Southold
April 1, 2012 - March 31, 2013
PERSONNEL
Mechanic 1
FRINGE
OTHER
Gas & Oil
Supplies/Small tools
TOTAL
Less Anticipated Income
NET REIMBURSEMENT
$17~700
17,700
1~400
1~700
1,200
500
$20~800
(1,420)
32 of 32 pages
COUNTY OF SUFFOLK
OFFICE OF BUDGET AND MANAGEMENT
CONTRACT BUDGET MODIFICATION REQUEST
By: By:
N,,,me: N~me: Ho~y Rhod~-Teague
Da'm: Dept: AOmo
UNE
NUMBER $
fHEADING DESCRIPTION $ BEFORE $ AP; eR OR -
FOR THE COUNTY OF SUFFOLK
BUDGET DIRECTOR
DATE:
Thb form · not to be u~d to adf~ any netlm=t~ In ttm budget.
USE REVERSE FOR SUPPORTING 8TATEMEHTS
COUNTY OF ~,UFFOI. K and
Im hereby mmended mm bllowm: -
Revision No:
Department'
Contract Budget Approval Fo~n
contractor:
Agreement No.
Agreement Period:
Date last executed/amended:
Budget Period 'to which this revision applies:
Identify the items lhat are being changed by this revision:
Budget:
Period Adopting
Amount of increase
Amount of decrease
New Budget amount fo~ the period:
Revising
Copies of supporting documentetion am ~ttached as follow~ (check all that apply):
Resolution Budget Other
Approvet~:
Department: Contractor:,
By: By:
Name: Name:
T~e: Title:
Fiecal Unit:
By:
Name:
Title:
Date:
Divi~ion:
Name:
Title:
Date:
Federal Tax ID
County Executive Budget Office:
Approved __ Disapproved
By:
Name:
Title:
Date:
Contr~ Budget AR~,~i Fon'n 2010
STANDARD
OPERATING
· PROCEDURE
OH'IC~, 01~ TB~ ~ ]DI:~CUTIV~
THIS SOP SUPHRSHDBS 'I'HB SHBBTS IN Tl-m S(]P
MANUAL TIIAT IS IX~ AS'SOP
DA~II:~t~ 4/2~. HOt, DI~ OF ~ SOP MANUAL
SilOULD Rl~g)Vl~ AND DISCAltD THi~ CITH~
COUNTY OF SUFFOLK
EXECUTIVE ORDER NO. 4-2004
AJI I~q)wmmnt Heed.
H~ Steve L. evy, Suffolk County F.~
Travel
Pursu~lt to 8.clim 3-2 of the SUFFOLK COUNTY CHARTER, ~ be ~ Ih~ my
requ.~ for..RXOV.l or pwment f~r travel ruder 8e~i~m 2-16 ~d 3..2 of the SUFFOLK
COUNTY ADMINISTRATNE CODE ~ not be qapmt~ by the Courtly Execul~ ~
EO~
Ol~lCg 01~ T~ ~01UNT~ mmCUTI~
TO:.
FROM:
RE:
S~ve Levy, Cour~y Execu~ ~ Suaak Coun~
Travel Vouehem - Update
ple~e be .dvtned lhat ~ Order No. 4-2004, Travel Vou~hem, i~ het~Rf ~nend~i.
to rend nn fo~w~:
PUmumt to Seclion 3-2 of the SUFFOLK COUNTY CHARTER, plebe be
2-16 and 3-2 ol the SUFFOLK COUNTY NDMINISTRATIVE CODE ~
This Executive Order ~upemedes ~.Order No. 4-L~004, Tta~l Vou~hera.
DATEO: Maroh 4~..~005.
COUNTY EXECUTIVE OF SUFFOLK COUNTY
Uncl~ denot~ ackJaio, d new language.
Henry L. Barton, Jr., Clerk of the Legi~dature
Kevin S. Law, F...q., Chief Deputy County ExKuS've for ~ and
Emtcut~ Techndogy Unit
EO.1 .~Tr~Vou~m-uPcJ~
FROM:
RE:
. eq)eme~ and'at~endame under Seotiom P-le taxi 3,-2] ~ of ~
SUFFOLK COUNTY ADMINISTRATIVE CODE chill [no(] ~ be ~
EO.1 ~TIIvII-V~IA
..... ,,,~e, fl . ,~vle"fPW*m~a'l/r411Al.ll~AY · I'.O. IOO~(illll * IIAI.WAUQI. N.'/.II'III411I ·
COUNTY OF SUFFOLK
OFFICE OF ~ COUNTY COMPTROLLER
~onptroner
DEPARTMENT OF AUDIT AND CONTROL
Comptroller's Rules nd Reguhtiom
for Consuitnt's Agreemeuts
TABLE OF CONTENTS
l~finil~om ....................................................................................
Allowable Claims ........................................................................... l
Claim Submission ........................................................................... 2
Om of Pockei Expemes ................................................................... 3
Sub-Conmmtor Claims ..................................................................... 5
Certified Sta~s ........................................................................ 6
EXHIBIT B
EXHIBIT C
County of Suffolk, Standard Payment Vouchcr
FORM PV ...................................................... 8
Cousultaut's Time Sumnuey
FOP, M A & C 108 ............................................. 9
Consultant's Expense Summary
FORM A & C 109 ............................................ 10
1
1. Pumo~- Thia manual eatabli,nl~ procedure~ for the rdmbur~mmt of
~l~nditu~ for ~onad~ta under ~nm~t with tl~ County.
2. Sco~e- Th~ inam~om apply to all County dq~m~n~ and agm~i~ mili~ng
3. l~finitiom
profi~ional ae~i~ to Suffolk County d~m ~ad a~a~:i~.
agrmment ~ cx~titme the aol¢ amhoy4-*~on for payment of ciaima.
Coumy Exe~utiw's Ol~ratin8 Ptoc~iur~ SOP # 1-05. Non-aln~ifi¢
4. Allowable Claima - Only ¢laim~ which ~r~ ~bmitt~i for exl~adi~
upon · r~t~ p~ day or l~r hour. Acc, otdingly, a rate ac, h~lul~ i~ an inl~ml 1~ of
,~h conadtant'a agreement lnct~t~ will I~ allowed only by ammdmmt to the
agt~m~mt. Out-of-pock~t ~l~mditu~ ~ ~hnbur~bl¢ if it i~ ~o ~ligula~d in
tho con,nultant'a ag~nt.
~- ~onsultents should submit their claims ~or ~mbu~m~
through thc County cicpartm~ or aga~cy responsible for thc consultant's
a. Clahn Vouch~-A CountyofSuffolkStand~dPayment Voud~ Form
(Exhibit A) must accoml~my each ~onsultaut claim. Th~ claim vouch~
n~qu~s~i a~ indi~ the cat~gory of ~mes or cmlr~ cowmnt
applicable to the claim voucher. It should be initialed by',be dep~mental
and conditions of the agreement under which the paymen~ is mquast~l.
The voucher must then be si~ed by th~ depertment heed ~ hie duly
eutho~zed ~tafive and forwarded to the Depe~ment of Audit end
Control for payment.
b. ~o-~,~d~,~'s Time S-mmerv. FORM A&C 105 (ExWoit B~-The
Consultent's Tune Summery should be used to record daily hours work~l
by each staff me~nber of thc consultant working on ~ ~ Slmce i~
as~gned to the project on one form. Thc completed FORM A&C 10~
must bc signed by end authori~ individual of the coneult~'s firn~ h
should then be attached to the County of Suffolk Stenderd Payment
3
voucher form. A copy of the con~ltmnt's payroll r~gi~t~r with a ~owr
letter indicating the individuals charged to the pro~ect for the chtim period
will be nccepted as a substitute for the Consultant's Tune ~ummary.
C. Cnn~lltnnt's l~x _n~e~_ ~tm~ntmW. FORM A~C 10~ (P;~hlhlt C~ -T'I~
Consultant's Expense Smmnary should be used to detail expenses for
travel, meals, lod~in~ or other necessary and reasonable out*of-pocket
documented by a receipted bill, sales slip or invoice which totals g~e daily
expenditm~ shown on the form. The completed FORM A~C 109 mml be
signed by an authorized individual of the consultant's ~m. Xt should ~
be at~.hed to the County of Su~olk Standard Payment Voucher Form.
6. -~- If these expeases are reimbursable und~ the
consultant's agreement, the following rules and guidelines should be comidemt
before incurring such expenses and submit~ug claims:
a. Meals - Meals are reimbursable under a consultnnt's comract only if ~he
purpose of the meal is valid, that is, me_h~_ rized under the contra~ as
sustenance while traveling. Effective October 1, 2009, the per diem meal
allowance shall be in accordance with the current maximum
reimlmrsement rate for food as established by the U.S. Genm~ Services
Administration for the New York region. As published in IRS Public, ion
1542 (rev. October 2009), the 2009 per diem meal and incidental rate is
$71.00 per diem including tax. Audit and Control should be contacted for
allowable rates for futu~ fiscal p~iods. (Gmtui~im, at a reasonable and
customnry ra~ shall be reimbuned ove~ and above the rote ~m~).
The County will not honor claims for the reimbursement of"lmsiness
meals~ submitted by members of the consultant's finn who ~ee not
~raveling out of town (overnight) in perfornmnce of the contract Where a
b. Lodein~-EffectiveOctober 1;2009, claims forlodging will be
rate for lodging as estab!i.~_l~d_ by the U.S. CJeneml Services
Administmion fo~ the New York region as published in the IRS
Publication1542 (rev. October~ 2009). The 2009 per diem rate for
lodging is $130.00 including taxes. Claims fo~ lodgin~ must be
accompanied by paid receipts. Audit and Control should be contacted for
the allowable rate for future fiscal periods.
c. Airfnre - Airfnre will only be relmbtused nt the economy conch rate and a
cl. ~eaee - The County will ~'itnburse mileage cln~s in ncconiance wi~
the applicable current rate allowed by the U.S. Inlerml Revcm~ Scrvice.
As of January l, 2009 the rate is $.5 $ per mile and January 1,2010 the
5
rate is $.50 per mile. The consultant must provide origin, desfimulon and
miles traveled t'or each ~p. Audit and Control shoUld be conla~ for the
allowable rate for future ~ periods.
e. Taxis - Taxi fares up to S25.00 will be reimbursed besed on a~ml n~pt
or certified statement. Any taxi expenses in excess ofS25.00 per trip will
destination, as well as the purpo~ of tbe trip.
f. Subways and Buses flocal~ - A cerilfied s'miement will be adequate
documentation for these expenses.
g. Tolls - Receipts or crucified statement will be adequate doomnes~;,n~on for
h. Telt~hone ~- Telephone expenses up to $25.00 l~r month will be
totaling ovor $25.00 will require copies of the telephone company bills
i. Photocooies - In lieu of a specific contract for photocopies, the County
will reimburse at a cost not to exc, eed $.15 per copy, ineluding iahor. A
7. ~- When the consul~nt is authorized in the Consultm~'s
Agreement to hire a sub-contractor, the Com~,'u,,lle~'s Office shoUld be supplkd a
copy of the sub-contractor's agr~nnent. Claims will not be processed if they sre
6
not in compliance with the contract between the Consultant and the County. The
repofling requirement of the sub-conUnctor will be the same as that of the
Consultant. Details of all expenclitwes claimed must be documented in the same
mnnner. If the sub-contractor's ~t with the Consultant is a lump. sum
Cer~ed Statements- ~ the consultant incurs mln~ ~ravel ~ other out-of=
si~n ~he followin~ c~ific~ion
"The above expenses aFe true and just and are a ruult of buahess
conducted in accordance with the terms of the contract with Suffolk Count,
and hve not be been previously lmid.'
Signature of Authorized Person
JJ JJ J Jl CJJJJJJJ~L --J,~JlC JII
CONTRACTOR NAME
ADDRESS
CONTACT
STATEMENT OF OTHER CONTRACTS
Town of Southold Senior Services
750 Pacific Street, p.o BOx 85, Mattituck, New York 11952
Karen McLaughlin, Director
PHONE NUMBER 631 29g ~.~60
AGREEMENT TERM OF
PROGRAM NUMBER CONTRACT WITH AGREEMENT AMOUNT
ill-C Nutrition Pro~-a~ for the I FMS No. S C EXE Suffolk County Office for 1/1/11 - i2/31/1] '
Elderly (Congregate C- 1 and 11000001792 the Aging Fourth Amendment $ 242,113.00
Home D~livered M~Ia C-2) ,
AAA Transportation 1 FMS No. 00000004907 Suffolk County Office for
Assistance Program the A~n~ 04/01/11 - 3/31/12 $ 5,402.00
CSE ResidoJtlal Repair 1FMS No. 00000004680 SuffOlk County Office for
Program the Aging 04/01/11 - 03/31/12 $ 20,400.00
Indicate (a) type of organization - County, State, Federal or Other and (b) name of Department, Agency or Organization.
2/2012 STATEMENT OF OTHER CONTRACTS 05