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Home My WebLink AboutTransportation Program RESOLUTION 2012-633 ADOPTED DOC ID: 8061 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-633 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14, 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 Town of Southold and the Suffolk County Office for the Aging for the Town to receive funding under the AAA Transportation Program~ IFMS No. 0000000 No. 001-6806-4980-95285, for the period April 1,2012 through March 31, 2013 (with one extension at the County's option), subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, CoUncilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell ADOPTED DOC ID: 8061 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-633 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14, 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 Town of Southold and the Suffolk Coun .ty Office for the Aging for the Town to receive funding under the AAA Transportation Program, IFMS No. 0000000 No. 001-6806-4980-95285, for the period April 1, 2012 through March 3 I, 2013 (with one extension at the County's option), subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert ICrupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell COUNTY OF SUFFOLK Steven Bellone COUNTY EXECUTIVE OFFICE FOR THE AGING Holly S. Rhodes-Teague DIRECTOR October 11, 2012 The Honorable Scott A. Russell Supe~isor Town of Southold P.O. Box 1179 Southold, New York 11971-0959 RE: AAA Transportation IFMS No. 00000005482 Dear Supervisor Russell: The fully executed Agreement referenced above is enclosed for your files. Attached is a copy of Ail Department Heads Memorandum 30-97 explaining budget modification requirements. Any budget modification not meeting these requirements may be delayed or rejected by the Budget Office. Also enclosed find the Notification of Rights, which must be posted as part of your compliance with Local Law No. 12-2001, the Living Wage Law. If you require any further information, please contact Mary-Valerie Kempinski at 853-8209. .,Sincerely, IJoanne Kandell PYmcipal Accountant JK:MVK:kb Enc. cc: Karen McLaughlin ~:lSLEV~MVKformleffers~Ltr4Bfullyexec ADH NOR TownCC doc OCT ]5 20i2 H LEEDENNI$ONBUILDYNG · 100 VETEKANS MEMORIAL HiGHWAY · p.O. BOX6100 · HAUPPAUGE, N Y 11788-0~99 · PHONE (63 I) 853-8200 · FAX (631) 853-$225 -) OFFICE OF THE COUNTY EXECUTIVE .This memorandum applies to those de, para'neats who pay contract agencies from thc Operating Budget 4770 or 4980 objects. On August 29, 1995, ADH 47-95 was issued to resolve problems whicl~ had developed regarding the procedures and requirements for modifying contract agency budgets. In early 1997, there wer~ again pm~ .ems with timeliness and the reasons for modifications for certain dcgartments involving 1996 contracts. Departmeats who 'deal with contract agencies have a major responsibility i~ the processing of contract budget modifications. Therefore, the attached procedures, which take effect with all 1997 contracts should be closely followed. Please. distribute these procedures to all of your contract agencies. If there are any questions regarding this ADH, please contact your department's Budget EXamlrl~r. Chief Deputy County Executive Distribution Department Heads Attachraent BUD GE T MODIFIC,4 TION$ Non-equipment requeSts for conh'aet budget modifications must be r~eived it tM Coun~ Executive's Budget Office, no later than 45 calendar days prior to the end of the ConLr~ct fiscal year. Equipment modifications must be received 90 calendar days prior to the end of the contract fiscal year. ' Under no cimumstances can expenditures for which a budget modification is being requested be made prior to the approval of the modification by the Budget Office. 3. An agency will bc reStricted to thre~ approved modifications pcr year. Each linc item requeSted to be modified mu~t. bcfully jnst~fied and must be directly related to the intent of the program Any ~xansfers to increase tadary rateS ofcen~tact employees, create new positions, or change the fide ora position, must be submitted prior to the rate inere~se behg given or the position being filled. The Budget Office will pot approve rettcactive salary increaseS: The only exception applieS to a reh'oacfive labor agreement between an agency and their' union bargaining unit(s). 6. Budget modifications c~nnot increase the dollar amount of thc'contract. .Four copies of the proposed budget modification and one copy of the justification, including a letter from the agency requesting the change, should be forwarded to the Budget O~ce with thc departmeaes recommendation withb~ fifteen'(15) calendar days of receipt of the request by the department. Thc justification must include the effect of thc modification on the proEram,'cha~es in the ava/lable reimbursement to gae County', if any, the additional dollar amount which will bc paid to the agency, and thc dollar amount of reimbursement to the County, if'thc modification is approved. ' If.the contract is funded under a Federal or State grant, or State reimburscff~ant, the Dcparanent Head must hdv/se in the transmittal memo whether State or Federal appwval for the modification is required and whether the attached docutnentation showing the change has beton approved by the funding agenoy. The budget modification format must indicate thc linc item, the current budget amount, the amount spent year to date, the new amount of the llae itdm and the dollar amount of the change.. NOTIFICATION OF RIGHTS UNDER THE LIVING WAGE LAW According to the provisions of Local Law # 12-2001 (the Living Wage law) enacted by Suffolk County in July of 2001, a living wage rate was established. The Living Wage shall be adjusted each year in proportion to the increase of the area Consumer Price Index. Effective January 1, 2012, the Living Wage will increase to $11.27 per hour with health benefits and $12.84 per hour ~ithout health benefits for covered employees of an agency receiving financial compensation through the County. The law also mandates that full time workers receive at least 12 compensated days off per year through any combination of sick, vacation or personal leave and includes paid holidays provided by the employer. The Suffolk County Department of Labor has been designated as the agency to administer this law and to this end has established a Living Wage Unit. Further information concerning the parameters of the Living Wage law may be obtained by contacting this Unit (631-853-3808) or accessing the Suffolk County web page at www.co.suffolk.n¥.us/labor and following the link to the Living Wage section. All inquiries will remain confidential. "Law No. 13 - AG Rev. 7/25/12 AAA Transportation ORIGINAL IFMS No. 0000000 .-~-~7-- 001-6806-4980-95285 Contract This Contract ("the Contract") is between the County of Suffolk ("the County"), a municipal corporation of the State of New York, acting through its duly constituted Office for the Aging ("Department"), having its principal office at the H. Lee Dennison Building - 3rd Floor, 100 Veterans Memorial Highway, Hauppauge, New York (Mailing address: P.O. Box 6100, Hauppauge, New York 11788-0099); and Town of Southold (Contractor), a New York municipal corporation, having an address at 53095 Main Road, P.O. Box 1179, Southold, New York 11971. The Contractor has been designated to receive funds from the County for a AAA Transportation Program ("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. Service Levels: 1,292 Units of Transportation Service 130 Elderly Served, Unduplicated Total Cost of the Contract: Shall not exceed $5402.00, as set forth in Article V and 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 By: Supervisor Fed. Taxpaygr ID #: 11-6001939 Date /C o q'q'-fi, hereby certi es under penalties of perjury that I~m an officer of '~t~ t.,-/FI OO ._~OtX'~.~.o/~/, that I have read anc'l 1 am familiar with §A5-7 of Article V of the Suffolk County Code, and that __ re~uiremen;ts ~ol(alify for ex~tion thereunder. Signature Date Approved as to Legality: Dennis M. Cohen Suffolk County Attorney By: ~ D~'en Br~ddish Assistant Co/anty P/aorney Date County of Sut~fl~ By: · Title: Chiefl~puW County Executive Approved: DepaNment Director, Offi~ for [he Aging Recommend: By: ~nna Prencipe Food Se~ice ~upe~sor Date ~,/ Ill Il II$11 [[ll 0015565 Page 1 of 28 Sohld AAA Transport NEW TEMPLATE 12-13 Law No. 13 - AG Rev. 7/25/12 AAA Transportation IFMS No. 0000000' 001-6806-4980-95285 List of Articles Page # Article I ............................................................................................................................................................................. 5 Description of Services .......................................................................................................................................................... 5 1. Conflicting Provisions .......................................................................................................................... 5 Article II ............................................................................................................................................................................. 8 Definitions ............................................................................................................................................................................. 8 1. Meanings of Terms ............................................................................................................................... 8 2. Elements of Interpretation ..................................................................................................................... 9 Article III ........................................................................................................................................................................... 10 General Terms and Conditions .......................................................................................................................................... 10 1. Contractor Responsibilities ................................................................................................................. 10 a. Duties and Obligations .................................................................................................................. 10 b. Qualifications, Licenses, and Professional Standards ................................................................... 10 c. Notifications .................................................................................................................................. 10 d. Documentation of Professional Standards .................................................................................... 10 e. Credentialing ................................................................................................................................. 10 f. Engineering Certificate ................................................................................................................. 11 2. Termination ......................................................................................................................................... 11 a. Thirty Days Termination ............................................................................................................... 11 b. Event of Defanlt; Termination on Notice ..................................................................................... 11 c. Termination Notice ....................................................................................................................... 11 d. Duties upon Termination .............................................................................................................. 11 3. Indemnification and Defense .............................................................................................................. 11 4. Insurance ............................................................................................................................................. 12 5. Independent Contractor ....................................................................................................................... 12 6. Severability ......................................................................................................................................... 12 7. Merger; No Oral Changes ................................................................................................................... 13 8. Set-Off Rights ..................................................................................................................................... 13 9. Non-Discrimination in Services .......................................................................................................... 13 10. Nonsectarian/Nonpartisan Declaration ............................................................................................... 13 11. Governing Law ................................................................................................................................... 13 12. No Waiver ........................................................................................................................................... 13 l 3. Conflicts of Interest ............................................................................................................................. 13 14. Cooperation on Claims ....................................................................................................................... 14 15. Confidentiality .................................................................................................................................... 14 16. Assignment and Subcontracting .......................................................................................................... 14 17. Changes to Contractor ......................................................................................................................... 14 18. No Intended Third Party Beneficiaries ................................................................................................ 15 19. Certification as to Relationships ......................................................................................................... 15 20. Publications and Publicity ................................................................................................................... 15 21. Copyrights and Patents ........................................................................................................................ 15 a. Copyrights ..................................................................................................................................... 15 Page 2 of 28 Soh[d ~ Transpo~ NEW TEMPLATE 12-13 Law No. 13 - AG Rev. 7/25/12 AAA Transportation IFMS No. 0000000 001-6806-4980-95285 b ................................................................................................................................................................ Patents 15 22. Arrears to County ................................................................................................................................ 15 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction ........................................................................................................................................ 15 24. Record Retention ................................................................................................................................ 15 25. Notice .................................................................................................................................................. 16 Suffolk County Legislative Requirements ......................................................................................................................... 17 1. Contractor's/Vendor's Public Disclosure Statement .......................................................................... 17 2. Living Wage Law ................................................................................................................................ 17 3. Use of County Resources to Interfere with Collective Bargaining Activities .................................... 17 4. Lawful Hiring of Employees Law ....................................................................................................... 17 5. Gratuities ............................................................................................................................................. 18 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas ............................. 18 7. Child Sexual Abuse Reporting Policy ................................................................................................ 18 8. Non Responsible Bidder ..................................................................................................................... 19 9. Use of Funds in Prosecution of Civil Actions Prohibited ................................................................... 19 10. Youth Sports ....................................................................................................................................... 19 11. Work Experience Participation ........................................................................................................... 19 12. Suffolk County Local Laws Website Address .................................................................................... 19 Article V ........................................................................................................................................................................... 20 General Fiscal Terms and Conditions ............................................................................................................................... 20 1. General Payment Terms ...................................................................................................................... 20 a. Presentation of Suffolk County Payment Voucher ....................................................................... 20 b. Voucher Documentation ............................................................................................................... 20 c. Payment by County ....................................................................................................................... 20 d. Budget Modification ..................................................................................................................... 20 e. Budget and/or Services Revisions ................................................................................................. 20 f. Taxes ............................................................................................................................................. 21 g. Final Voucher ................................................................................................................................ 21 2. Subject to Appropriation of Funds ...................................................................................................... 21 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures .............................. 21 4. Accounting Procedures ....................................................................................................................... 21 5. Audit of Financial Statements ............................................................................................................. 22 6. Financial Statements and Audit Requirements ................................................................................... 22 7. Furniture, Fixtures, Equipment, Materials, Supplies .......................................................................... 23 a. Purchases, Rentals or Leases Requiring Prior Approval .............................................................. 23 b. Purchase Practices/Proprietary Interest of County ........................................................................ 23 c. County's Right to Take Title and Possession ............................................................................... 23 d. Inventory Records, Controls and Reports ..................................................................................... 23 e. Protection of Property in Contractor's Custody ............................................................................ 24 f. Disposition of Property in Contractor's Custody .......................................................................... 24 8. Lease or Rental Agreements ............................................................................................................... 24 9. Statement of Other Contracts .............................................................................................................. 24 10. Miscellaneous Fiscal Terms and Conditions ...................................................................................... 24 Page 3 of 28 Sohld AAA Transport NEW TEMpEATE 12-13 Law No. 13 - AG Rev. 7/25/12 AAA Transportation IFMS No. 0000000 001-6806-4980-95285 Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 a. Limit of County's Obligations ...................................................................................................... 24 b. Duplicate Payment from Other Sources ........................................................................................ 24 c. Funding Identification ................................................................................................................... 24 d. Outside Funding for Non-County Funded Activities .................................................................... 24 e. Potential Revenue ......................................................................................................................... 25 f. Payments Contingent upon State/Federal Funding ....................................................................... 25 g. Denial of Aid ................................................................................................................................. 25 h. Budget ........................................................................................................................................... 25 i. Payment of Claims ........................................................................................................................ 25 j. Payments Limited to Actual Net Expenditures ............................................................................. 25 k. Travel Costs .................................................................................................................................. 25 1. Attendance at Conferences ............................................................................................................ 26 m. Salaries .......................................................................................................................................... 26 n. Salary Increases ............................................................................................................................. 26 o. Contractor Vacancies .................................................................................................................... 26 p. No Limitation On Rights .............................................................................................................. 26 q. Comptroller's Rules and Regulations ........................................................................................... 26 Public Disclosure not applicable- see cover page ......................................................................................... 27 Living Wage ..................................................................................................................................................... 27 Union Certification .......................................................................................................................................... 27 Lawful Hiring .................................................................................................................................................. 27 Certification Regarding Lobbying ................................................................................................................. 27 Legislative Designated Funding Applications; Budget ................................................................................. 27 Budget Modification Request ......................................................................................................................... 27 Budget/Services Revisions Approval .............................................................................................................. 27 Standard Operating Procedure A-07 Amendment 1 .................................................................................... 27 and Executive Order 14-2007 or any successor order .................................................................................. 27 Comptroller's Rules and Regulations for Consultant's Agreements .......................................................... 27 Statement of Other Contracts ......................................................................................................................... 27 Page 4 of 28 Sohld AAA Transport NEW TEMPLATE 12-13 Law No. 13 - AG Rev. 7/25/12 AAA Transportation IFMS No. 0000000 001-6806-4980-95285 Article I Description of Services Town of Southold AAA Transportation Program Whereas, the Services have been identified in the 2012 Suffolk County Adopted Budget under the funding as listed on page one of the Contract to perform the Services for the Department; and Whereas, The AAA Transportation Program expands essential transportation activities for the elderly by providing assistance in meeting the transportation operating expenses related to serving the elderly, as part of the required supportive services of the IIIC Nutrition Program and/or the Supplemental Nutrition Assistance Program or other such programs for the elderly that provide transportation services. Whereas, the enhancement of the provision of transportation services is considered to be in the best interest of the County and the elderly residents of Suffolk County for the best possible outcomes. Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. General Program Terms and Conditions In general, but without limitation, the Contractor shall be required to meet the criteria listed below: a. Have, and maintain throughout the term of this Contract, an existing agreement to provide a service or services for the elderly in Suffolk County. b. Have an owned or contract vehicle available for the Services, either through purchase agreement or lease agreement. c. To inform each recipient of the service of the opportunity to make a completely voluntary, willing and anonymous contribution toward the cost of the service. Service may not be denied, however, if a person is unable or unwilling to make a contribution. The Contractor must maintain an audit trail of all incoming contributions and make monthly reports of any contributions received. Monthly contributions will be deducted from monthly expenditures to arrive at net reimbursement. All contributions must be used to enhance services. All printed materials used for the program must include the sources of funding for the program and must include the following information: Contributions to this (these) service(s) are completely voluntary and anonymous. Services will not be denied because of inability or unwillingness to contribute. Any contribution you wish to make will be used to expand the program and will be greatly appreciated. d. Confidentiality i. The Contractor agrees that no personal information obtained fxom an individual in conjunction with this program shall be disclosed in a form in which it is identified with the individual $ of 28 pages ARTICLEI Law No. 13 - AG Rev. 7/25/12 AAA Transportation IFMS No. 0000000 001-6806-4980-95285 without such individual's written consent to such disclosure, except to the Department. ii. In the case of a request by the Department for names and addresses of individuals participating in the program, the Contractor shall fumish such information as requested. Failure to comply with a request by the Department for such information shall be deemed a material breach of this Contract and shall result in a freeze on all monies due and owing to the Contractor until compliance by the Contractor. Services The Contractor shall provide the following transportation services: The Contractor may provide transportation other than to and from the nutrition sims on an as needed basis. This may include, but is not limited to, transportation to medical appointments, shopping, activities for socialization and other such activities scheduled as part of the Contractor's regular transportation program activities or by appointment. All transportation services shall be furnished using licensed drivers and insured and inspected vans and automobiles. Reporting Requirements a. Monthly Reports Monthly reports must be submitted to the Department on a form prescribed by the Department. Monthly reports are due to the Department by the eighth (8th) day of the month following the month being reported. These reports shall contain, at a minimum, the following categories of information: i. Units of service: one unit is equal to each one-way trip per person. ii. The number of unduplicated individuals who have received transportation by the Contractor under this Transportation Program Contract. iii. A monthly activity schedule showing the specific transportation services the Contractor will make available to the congregate participants that require transportation. iv. Mileage recordings. b. Electronic Reporting i. The Contractor shall maintain electronic records on all program participants using the most currently approved form provided by the Department and compliant with State and Federal reporting requirements. Data for all participants must be updated monthly. ii. In order to comply with electronic reporting requirements, the Contractor must have adequate computer equipment and software available to support the approved form. iii. Transportation units and unduplicated number of persons served must be entered electronically in SAMS 2000 or in subsequent County approved computer systems. All participant data must be entered completely by the twelfth (12th) of each month for the previous month's data. Promotions and Advertisements a. Any references to transportation services provided under this Contract must include due recognition to New York State Office for the Aging. The Contractor must include the express acknowledgement as follows: 6 of 28 pages ARTICLE I Law No. 13 - AG Rev. 7/25/12 AAA Transportation IFMS No. 0000000 001-6806-4980-95285 o "This service has been provided with financial assistance, in whole or in part through a grant from the New York State Office for the Aging." b. The provisions of this paragraph shall prevail over any conflicting provisions of Article III, paragraph 20. Administration a. Overall administration of this program will be the responsibility of the Contractor. The Contractor will insure proper implementation and direction of the service, act as liaison between The Department and the actual service and insure accuracy and timeliness of submission of all reporting forms and expenditures. b. Program staff shall attend meetings and training as requested by the Department. Monitoring a. Program The Contractor agrees to permit the Department's staff and staffofthe New York State Office for the Aging to review programmatic records at any time. b. Fiscal As required, the Department's fiscal staff may examine or review evidence regarding the existence, time and classification of financial transactions, which are charged to the program for reimbursement. To obtain this evidence, the fiscal staffwill examine documentary evidence including financial verification by actually observing or counting certain assets (e.g. case, food inventory, equipment and supplies) to establish their physical existence. Incident Reporting The Contractor will report at least verbally to the Department, within 24 hours any incidents involving all instances of claims, costs, damages, and injuries to persons or property of whatsoever kind arising out of services provided under this Contract. A written follow-up of such incidents shall be sent to the Department within 5 days of the occurrence. The Contractor further agrees to send the Department copies of all "notices of claim" relating to the program covered in this Contract. End of Article I 7 of 28 pages ARTICLE I Law No. 13 - AG Rev. 7/25/12 AAA Transportation IFMS No. 0000000 001-6806-4980-95285 Article II Definitions 1. Meanings of Terms As used heroin: "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 thc 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 ali terms and conditions of this Contract, forming all rights and obligations of the Contractor and the County. "Contractor" means the signatory corporation, its officers, officials, employees, agents, servants, sub-contractors, and any successor or assign of any one or more of the foregoing performing the Services. "County" means the County of Suffolk, its departments, and agencies. "County Attorney" means the County Attorney of the County of Suffolk. "Department" means the signatory department approving the Contract. "Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying, as the case may be, under Section 7201 and Section 7203 of the State Education Law, respectively. "EventofDefault"means Insurance as its lawful agent for service of process; or the Contractor's failure to comply with any Federal, State or local law, rule, or regulation, and County policies or directives; or e. the Contractor's bankruptcy or insolvency; or the Contractor's failure to cooperate in an Audit of Financial Statements; or the Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfeasance in financial record keeping arising out of, or in connection with, any contract with the County; or the Contractor's failure to submit, or failure to timely submit, 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 any condition that the County determines, in its sole discretion, is dangerous. "Federal" means the United States govemment, 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 true 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. the Contractor's failure to perform any duty required of it under paragraphs 1 (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 "Services" means all that which the Contractor must do, and any part there&arising out of, or in connection with, the Contract as described in Article 1 "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 8 of 28 pages ARTICLE II Law No. 13 - AG Rev, 7/25/12 AAA Transportation been renewed. "Suffolk County Payment Voucher" means the document authorized and required by the Comptroller for release of payment. "Term" means the time period set forth on page one of the Contract and, if exercised by the County, the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations, and other legal entities, including public bodies, as well as natural persons, and shall include successors and assigns. Capitalized terms used, but not otherwise defined, herein, shall have the meanings assigned to them in the Contract. IFMS No. 0000000 001-6806-4980-95285 End of Text for Article II 9 of 28 pages ARTICLE II "Law No. 13 - AG Rev. 7/25/12 AAA Transportation Article IH 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, and to administer funds received in thc interest of the County in accordance with the provisions of the Contract. ii.) The Contractor shall promptly take all action as may be necessary to render the Services. iii.) The Contractor shall not take ahy action that is inconsistent with the provisions of the Contract. iv.) Services provided under this Contract shall be open to all residents of thc County. Qualifications, Licenses, and Professional Standards i.) The Contractor represents and warrants that it has, and shall continuously possess, during the Term, the required licensing, education, knowledge, experience, and character necessary to qualify it to render the Services. ii.) The Contractor shall continuously have during the Term all required authorizations, certificates, certifications, registrations, Iicenses, permits, and other approvals required by Federal, State, County, or local authorities necessary to qualify it to render the Services. c. Notifications i.) The Contractor shall immediately notify the County, in writing, of any disciplinary proceedings, commenced or pending, with any authority relating to a license held by any pemon 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 after a license holder has lost the license required to qualify the license t0 of 28 pages ARTICLE III IFMS No. 0000000 001-6806-4980-95285 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 after the effective date of termination of such license. Without limiting the generality of the foregoing, if any part of the Contract remains to be performed, and the termination of the license does not affect the Contractor's ability to render the Services, every other term and provision of the Contract shall be valid and enforceable to the fullest extent permittod 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 thc 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 than three (3) days at, er such restriction, suspension, or revocation. ii.) The Contractor shall forward to the Department, or division thereof, as the case may be, on or before July I of each year during the Term, a complete list of the names and addresses of all persons providing thc Services, as well as their respective areas of certification, credentialing, registration, and licensing. Law No. 13 - AG Rev. 7/25/12 AAA Transportation f. Engineering Certificate In the event that the Contract requires ally Engineering Services. the Contractor shall submit to the County, no later than thc due date tbr submission for approval of any engineering work product, thc Certificate of Authorization ("Certificate"), issued pursuant to § 7210 of the New York Education Law Thc l;ailure to file, submit, or maintain the Certificate shall be grounds for r~jection of any engineering work product submitted for approval. Termination a. Thirty Days Termination The 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 Dclbult. If the Contractor defaults under any other provision of thc Contracl, ibc County may terminate the Contract, on not less than five (5) days notice, upon such terms and conditions it deems ~ppropriate. c. Termination Notice Any notice providing for terrnination shall bc delivered as provided for in paragraph 24 of this Article II1, d. Duties upon Termination i.) Thc Contractor shah discontinue thc Services as directed in thc tertnination notice. ii.) The County shall pay thc Contractor for the Services rendered through tile date of termination. iii.) Thc County is released from any and all liability under thc Contract, effective as of the date of the lermination notice. 11 of 28 pages IFMS No. 0000000 001-6806-4980-95285 iv.) Upon termination, the Contractor shall reimburse thc County thc balance of any funds advanced to the Contractor by the County no later than thirty (30) days after termination of thc Contract. The provisions of this subparagraph shall survive thc expiration or termination of the Contract. v.) Nothing contained in this paragraph shall be construed as a limitation on the County's rights set fortb in paragraph 8 of this Article Ill. Indemnification and Defense The Contractor shall protect, indemnify, and bold harmless the County, its agents, servants. officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses caused by the negligence or any acts or omissions of the Contractor, including reimbursement of the cost of reasonable attorneys' fees incurred by thc County, its agents, servants, officials, and employees in any action or proceeding arising out of~ or in connection with. thc Contract. The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing the Services. Thc Contractor agrees that it shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses arising out of any claim asserted for infringement of copyright, including reimbursement of the cost of reasonable attorneys' fees incurred by the County. its agents. servants, officials, and employees in any action or proceeding arising out of or in connection with any claim asserted lbr infringement of copyright. 12, 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. Alternatively, at the County's option, the County may delEnd any such proceeding or action and require the Contractor to pa5' reasonable attorneys' fees or salary costs of County employees of thc Department of Law for the deli:nsc of any such suit. ARTICLE III Law No. 13 - AG Rev. 7/25/12 AAA Transportation 4. Insurance The Contractor shall continuously maintain, during the Term of the Contract, insurance in amounts and types as follows: i.) ii.) iii.) 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. 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 Workers' Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. The Contractor shall furnish to the County, prior to its execution of the Contract, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law § 108, the Contract shall be void and of no effect unless the Contractor shall provide and maintain coverage during the Term for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. iv.) Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per-occurrence or claims-made coverage basis. The County may mandate an increase in the liability limits set forth in the immediately preceding paragraphs (4)(a)(i), (ii), and (iv). 12 of 28 pages IFMS No. 0000000 001-6806-4980-95285 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. 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 commemial general liability insurance, and upon demand, a true and certified original copy of each such policy evidencing compliance with the aforesaid insurance requirements. In the case of commemial general liability insurance and business use automobile insurance, the Contractor shall furnish to the County, prior to the execution of the Contract, a declaration page or insuring agreement and endorsement page evidencing the County's status as an additional insured on said policy, and upon demand, a true and certified original copy of such policy evidencing compliance with the aforesaid insurance requirements. All evidence of insurance shall provide for the County to be notified in writing thirty (30) days prior to any cancellation, nonrenewal, or material change in the policy to which such evidence relates. It shall be the duty of the Contractor to notify the County immediately of any cancellation, nonrenewal, or material change in any insurance policy. In the event the Contractor shall fail to provide evidence of insurance, the County may provide the insurance required in such manner as the County deems appropriate and deduct the cost thereof from a Fund Source. If the Contractor is a Municipal Corporation and has a self-insurance program under which it acts as a self-lnsurer 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 Contract, or the application thereof to any person or cimumstance, shall be held invalid or unanforceable to any ARTICLE III ' Law No. 13 - AG Rev. 7/25/12 AAA Transportation extent, the remainder of the Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of the Contract shall be valid and shall be enforced to the fullest extent permitted by law. 7. Merger; No Oral Changes It is expressly agreed that the Contract represents the entire agreement of the parties and that all previous understandings are herein merged in the Contract. No modification of the Contract shall be valid unless in written form and executed by both parties. 8. Set-OffRights The County shall have all of its common law, equitable, and statutory rights of set-off These rights shall include, but not be limited to, the County's option to withhold from a Fund Source an amount no greater than any sum due and owing to the County for any reason. The County shall exercise its set-off rights subject to approval by the County Attorney. In cases of set-offpursuant to a Comptrofiar's audit, the County shall only exercise such right after the finalization thereof, and only after consultation with the County Attorney. 9. Non-Discrimination in Services a. 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 thc 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. 10. I1. 12. 13. 13 of 28 pages IFMS No. 0000000 001-6806-4980-95285 The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, or have the effect of substantially impairing the Contract with respect to individuals of a particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, in determining: i.) 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 the Services. Nonsectarian/Nonpartisan Declaration The Services performed under the Contract are secular and nonpartisan in nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to further the advancement of any religion candidate or partisan effort. The Services will be available to all eligible individuals regardless of religious belief or political 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 appropriate, a court of inferior jurisdiction in Suffolk County. No Waiver It shall not be construed that any failure or forbearance of the County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. Conflicts of Interest The Contractor shall not, during the Term, pursue a course of conduct which would cause a reasonable person to believe that he or she is likely to be eogaged 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 thc existence of any such adverse interests, whether existing or potential. This duty shall continue as long as the Term. ARTICLE III Law No. 13 - AG Rev. 7/25/12 AAA Transportation The determination as to whether or when a conflict may potentially exist shall ultimately be made by the County Attorney afl.er full disclosure is obtained. 14. Cooperation on Claims The Contractor and the County shall render diligently to each other, without compensation, any and all cooperation that may be required to defend the other party, its employees and designated representatives, against any claim, demand or action that may he 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 delegate its duties under the 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 written consent of the County, and any attempt to do any of the foregoing without such consent shall be void ab initio. Such Assignment shall be subject to all of the provisions of the Contract and to any other condition the County requires. No approval of any Assignment shall be construed as enlarging any obligation of the County under the terms and provisions of the Contract. No Assignment of the Contract or assumption by any person of any duty of the Contractor under the Contract shall provide for, or otherwise be construed as, releasing the Contractor from any term or provision of the Contract. 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 14 of 28 pages ARTICLE III IFMS No. 0000000 001-6806-4980-95285 of law, of the partners, or transfer of partnership interests (other than the purchase of partnership interests by existing partners, by the partnership itself or the immediate family members by reason of gift, sale or devise), or the dissolution of the partnemhip without immediate reconstitution thereof, and ii.) if the Contractor is a closely held corporation (i.e. whose stock is not publicly held and not traded through an exchange or over the counter): 1. the 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 the Contractor (other than to existing shareholders, the corporation itself or the immediate family members of shareholders by reason of girl, 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 afl.er the date of delivery of the Transfer Notice; ii.) a summary 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/transferee's business and experience; v.) all executed forms required pursuant to Article IV of the Contract, that are required to be submitted by the Contractor; and AG Law No. 13 - Rev. 7/25/12 AAA Transportation 18. 19. 20. 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 the Contract, and the transferee has not been convicted of a criminal offense as described under Article Il of Chapter 143 of the Suffolk County Code. The County shall grant or 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. 21. 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 22. 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. Certification as to Relationships 23. 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. Publications Any book, article, report 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: 24. 15 of 28 pages IFMS No. 0000000 001-6806-4980-95285 "This publication is fully or partially funded by the County of Suffolk." Copyrights and Patents a. Copyrights lfthe work of the Contractor should result in the production of original books, manuals, films, or other materials for which a copyright may be granted, the Contractor may secure copyright protection. However, the County reserves to itself, and the Contractor hereby gives to the County, and to any other person designated by the County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate, or otherwise use any such materials. b. Patents If the Contractor makes any discovery or invention 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 thc County as surety. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction In the event that the Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk County Code Chapter 234, as more f~lly set forth in the Article entitled "Suffolk County Legislative Requirements," the Contractor shall maintain the documentation mandated to be kept by this law on the construction site at all times. Employee sign-in sheets and register/log books shall be kept on the construction site at all times and all covered employees, as defined in the law, shal} be required to sign such sign-in sheets/register/log books to indicate their presence on the construction site during such working hours. Record Retention The Contractor shall retain all accounts, books, records, and other documents relevant to the Contract for seven (7) ARTICLE III Law No. 13 - AG Rev. 7/25/12 AAA Transportation 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 f~ll access and the right to examine any of said materials during said period. Such access is granted notwithstanding any exemption from disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and 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 of ten (10) years because the statute of limitations for the New York False 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 sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1.) to the Contractor at the address on page I of the Contract and 2.) to the County at the Department, or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 11788-0099. IFMS No. 0000000 001-6806-4980-95285 End of Text for Article III 16 of 28 pages ARTICLE III "Law No. 13 - AG Rev. 7/25/12 AAA Transportation 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 requirements of section A5-7 of Article V of the Suffolk County Code. Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-7 of Article V of the Suffolk County Code, the Contractor represents and warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County Administrative Code Article V, section A5-7 and shall file an update of such statement with the Comptroller on or before the 31 st day of January in each year of thc 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 percent (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 of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, m terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. Required Forms: Suffolk County Living Wage Form LW-1; entitled "Suffolk County Department of Labor - Living Wage Unit Notice of Application for County Compensation (Contract)." Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department of Labor- Living Wage Unit Living Wage Certification/Declaration - Subject To Audit." 17 of 28 pages IFMS No. 0000000 001-6806-4980-95285 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. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If the Services are performed on County property, the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non- intimidation agreement, and a majority authorization card agreement. If the Services are for the provision of human services and are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions &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-LO l; 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 Couniy Code. This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred pemant (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the ARTICLE IV 'Law No. 13 - AG Rev. 7/25/12 AAA Transportation form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereo£ The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January 1 of each year for the duration of any contract and upon the renewal or amendment of the Contract, and whenever a new contractor or subcontractor is hired under the terms of the Contract. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the Contract. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate the Contract for violations of this Law and to seek other remedies available under the law. The documentation mandated to be kept by this law shall at all times be kept on site. Employee sign-in sheets and register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the site during such working hours. 18 of 28 pages IFMS No. 0000000 001-6806-4980-95285 Required Forms: Suffolk County Lawful Hiring of Employees Law Form LHE- 1; entitled "Suffolk County Department of Labor - Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. Section 1324a) With Respect To Lawful Hiring of Employees.' 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 U.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 Reineorporate Overseas It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of sections A4-13 and A4-14 of Article IV of the Suffolk County Code. The Contractor represents that it is in compliance with sections A4-13 and A4-14 of Article IV of the Suffolk County Code. Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. Child Sexual Abuse Reporting Policy It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article II of Chapter 880 of the Suffolk County Code. The Contractor shall comply with Article II 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. ARTICLE IV 'Law No. 13 -AG Rev. 7/25/12 AAA Transportation lO. Non Responsible Bidder It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article II of Chapter 189 of the Suffolk County Code. Upon signing the Contract, the Contractor certifies that it has not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under section 189-5 of the Suffolk County Code under "Nonresponsible 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 Ill 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 read, 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 of possible or actual concussion or other head injuries among sports program participants. 11. 12. IFMS No. 00OI)000 001-6806-4980-95285 Such plan or policy must be submitted prior to the award of a County contract, grant or funding. R-eceipt of such plan or policy by the County does not represent approval or 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 alter the execution of the Cgntract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the cimumstances. 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 19 of 28 pages ARTICLE IV · Law No. 13 - AG Rev. 7/25/12 AAA Transportation Article V General Fiscal Terms and Conditions 1. General Payment Terms Presentation of Suffolk County Payment Voucher In order for payment to be made by the County to the Contractor for the Services, the Contractor shall prepare and present a Suffolk County Payment Voucher, which shall bc documented by sufficient, competent and evidential matter. b. Voucher Documentation The Suffolk County Payment Voucher shall list all information regarding the Services and other items for which expenditures have been or will be made in accordance with the Contract. Either upon execution of the Contract (for the Services already rendered and expenditures already made), or not more than thirty (30) days after the expenditures were made, and in no event later than one month following the end of each program year of the Contract, the Contractor shall furnish the County with detailed documentation in support of the payment for the Services or expenditures under the Contract e.g. dates of the Service, worksite locations, activities, hours worked, pay rates and all program Budget categories. The Suffolk County Payment Voucher shall include time records, certified by the Contractor as true and accurate, of all personnel for whom expenditures are claimed during the period. Time and attendance records of a 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 Contractor official empowered to sign the Contract. Disbursements made by the Contractor in accordance with the Contract and submitted for reimbursement must be documented and must comply with accounting procedures as set forth by the Suffolk County Department of Audit and Control. Documentation, including any other form(s) required by County or the Suffolk County Department of Audlt and Control, shall be furnished to the County pursuant to, and as limited by, the Regulations for Accounting Procedures for Contract Agencies of the Suffolk County Department of Audit and Control. In addition to any other remedies that the County 20 of 28 pages ARTICLE V IFMS No. 0000000 001-68064980-95285 may have, failure to supply the required documentation will disqualify the Contractor from any further County contracts. Payment by County Payment by the County shall be made within thirty (30) days after approval of the Suffolk County Payment Voucher by the Comptroller. Budget Modification i.) The parties shall use the Contract Budget Modification Request form ("Budget Modification") for revisions to the Budget and Services not involving 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 the 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 execute 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 submined only twice per calendar year and may only be submitted 45 days prior to the end' of that program year for non-equipment or 90 days before the end of the program year for equipment. 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 to 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 Law No. 13 - AG Rev. 7/25/12 AAA Transportation agree as to such revisions, the Contractor shall execute the Budget/Services Revisions form. The Contractor shall return it to the County. IFMS No. 0000000 001-6806-4980-95285 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. iii.) Upon complete execution of the form by the parties, the County shall return a copy to the Contractor. The revision shall not be effective until the Budget /Services Revisions is completely executed. ,3, f. Taxes The charges payable to the Contractor under the Contract are exclusive of federal, state, and local taxes, the County being a municipality exempt from payment of such taxes. g. Final Voucher The acceptance by the Contractor of payment of all billings made on the final approved Suffolk County Payment Voucher shall operate as and shall be a release of the County from all claims by the Contractor. Subject to Appropriation of Funds The Contract is subject to the amount of funds appropriated 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 part, for payments made for the Services, the County shall have the sole and exclusive right to: i.) determine how to pay for the Services; ii.) determine future payments to the Contractor; and iii.) determine what amounts, if any, are reimbursable to the County by the Contractor and the terms and conditions under which such reimbursement shall be paid. The County may, during the Term, impose a Budget Deficiency Plan. In the event that a Budget Deficiency Plan is imposed, the County shall promptly notify the Contractor in writing of the terms and conditions thereof, which shall be 2t of 28 pages Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures Upon request, the Contractor shall submit to the County a current copy, certified by the Contractor as true and accurate, of its i.) salary scale for all positions listed in the Budget; ii.) personnel rules and procedures; iii.) pension plan and any other employee benefit plans or arrangements. The Contractor shall not be entitled to reimbursement for costs under any pension or benefit plan the Comptroller deems commercially unreasonable. 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 Contractor 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 ofien 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 aP, er expiration or termination of the Contract. The Contractor shall retain all accounts, books, records, and other documents relevant to the Contract for seven (7) yea~s afier 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 ARTICLE V 'Law No. 13 - AG Rev. 7/25/12 AAA Transportation to examine any of said materials during said period. Such access is granted notwithstanding any exemption from disciosare that may be claimed for those records which are sub.~ect to nondisclosure agreements, trade secrets and commercial information or financial information that is privileged or confidential. The Contractor shall utilize the accrual basis of accounting and will submit all financial reports and claims based on this method of accounting during the Term. 5. Audit of Financial Statements All payments made under the Contract are subject to audit by the Comptroller pursuant to Article V of the Suffolk County Charter. The Contractor further agrees that the Comptroller and the Department shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transactions or other records relating to services under the Contract. If such an audit discloses overpayments by the County to the Contractor, within thirty (30) days after the issuance of an official audit report by the Comptroller or his duly designated representatives, the Contractor shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. ffthere is no response, or if satisfactory repayments are not made, the County may recoup overpayments from any amounts due or becoming due to the Contractor from the County under the Contract or otherwise. The provisions of this paragraph shall survive the expiration or termination of the Contract. 6. Financial Statements and Audit Requirements Notwithstanding any other reporting or certification requirements of Federal, State, or local authorities, the Contractor shall obtain the services of an independent licensed public accountant or certified public accountant (the "Auditor") to audit its financial statements for each Contractor's "fiscal year" in which the Contractor has received, or will receive, throe hundred thousand ($300,000.00) dollars or more from the County, whether under the Contract or other agreements with the County, and shall submit a report to the County on the overall financial condition and operations of the Contractor, including a balance sheet and statement of income and expenses, attested by the Auditor as fairly and accurately reflecting the accounting records of the Contractor in accordance with generally accepted accounting 22 of 28 pages ARTICLE V IFMS No. 0000000 001-6806-4980-95285 principles. The Contractor may solicit requests for proposals from a number of qualified accounting firms and review carefully the costs of, and qualifications for, this type of work before selecting the Auditor. The Auditor should be required to meet the following minimum requirements: i.) a current license issued by the New York State Education Departraent; 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 date when the Auditor was selected to conduct the audit. The audit must be conducted in accordance with generally accepted governmental auditing standards. Financial statements must clearly differentiate between County-funded programs and other programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged for this purpose. The Auditor must also prepare a Management Letter based on the audit. In the event the Contractor is a not-for-profit organization or unit of local government and expends five hundred thousand ($500,000.00) dollars or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass-through entity, such as New York State or Suffolk County, during any fiscal year within which it receives funding under the Contract, the audit must be conducted, and the audit report ("Single Audit Report") must be, in accordance with OMB Circular No. A- 133 (revised June 27, 2003). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass- through entity, to the extent required by the OMB Cimular referred to above. The Contractor must submit to the County a statement in writing, certified by its chief financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must mail or deliver the certified statement to the Department and to the Executive Director of Auditing Services, Suffolk County Department of Audit and Control, H. Lee Dennison Building, · Law No. 13 - AG Rev. 7/25/12 AAA Transportation 100 Veterans Memorial Highway, P. O. Box 6100, Hauppauge, New York 11788-0099, as soon as possible a~er the end of the Contractor's fiscal year. The statement must include all Federal funding received directly from the Federal govemmcnt and all Federal funds passed through from the County and other pass-through entities. Copies of all financial statements, Management Letters, Single Audit Repons 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 after completion of the audit, but in no event later than nine (9) months aRer the end of the Contractor's fiscal year, to which the audit relates. These requirements do not preclude the County, the Comptroller, or their authorized representatives, or Federal or State auditors from auditing all records of the Contractor. Therefore, the records of the Contractor must be made available to authorized representatives of Federal, State and County government for that purpose. The provisions of this paragraph shall survive the expiration or termination of the Contract. 7. Furniture, Fixtures, Equipment, Materials, Supplies Purchases, Rentals or Leases Requiring Prior Approval Prior to placing any order to purchase, rant or lease any furniture, fixtures, or equipment valued in excess of one thousand dollars ($1,000.00) per unit for which the Contractor will seek reimbursement from the County, the Contractor shall submit to the County a written request for approval to make such a proposed purchase, rental or lease, with a list showing the quantity and description of each item, its intended location and use, estimated unit price or cost, and estimated total cost of the proposed order. Written approval of the County shall be required before the Contractor may proceed with such proposed purchase, rental or lease of furniture, fixtures or equipment. All items purchased must be new or like new unless specifically described otherwise in the Budget. Purchase Practices/Proprietary Interest of County i.) The Contractor shall follow the general practices that are designed to obtain furniture, fixtures, equipment, materials, or supplies at the most reasonable price or cost possible. 23 of 28 pages ARTICLE V IFMS No. 0000000 001-6806-4980-95285 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 exemises this right, the amount budgeted for the items so pumhased or obtained by the County for the Contractor shall not be available to the Contractor for any purpose whatsoever. Title to any such items pumhased or otherwise obtained by the County for the programs encompassed by the Contract and entrusted to the Contractor, shall remain in the County. iii.) The County shall retain a proprietary interest in all furniture, removable fixtures, equipment, materials, and supplies purchased or obtained by thc Contractor and paid for or reimbursed to the Contractor pursuant to the terms of the Contract or any prior agreement between the parties. iv.) The Contractor shall attach labels indicating the County's proprietary interest or title in all such property. County's Right to Take Title and Possession Upon the termination or expiration of the Contract or any renewal thereof, the discontinuance of the business of the Contractor, the failure of the Contractor to comply with the terms of the Contract, the bankruptcy of the Contractor, an assignment for the benefit of its creditors, or the failure of the Contractor to satisfy any judgment against it within thirty (30) days of fifing of the judgment, the County shall have the right to take title to and possession of all furniture, removable fixtures, equipment, materials, and supplies and the sarae 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 'Law No. 13 - AG Rev. 7/25/12 AAA Transportation setting forth the results of such physical count shall be prepared by the Contractor on a form or forms designated by the County, certified and signed by an authorized official of the Contractor, and one (1) copy thereof shall be delivered to the County within five (5) days after the date set for the aforesaid physical count. Within five (5) days after the 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 the Contractor, based on a physical count of all items of furniture, removable fixtures and equipment on the aforesaid expiration date, and revised, if necessary, to include any inventory changes during the last three (3) months of the Term. Protection of Property in Contractor's Custody The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, fixtures, equipment, material or supplies in its custody against damage or loss by fire, burglary, theft, disappearance, vandalism, or misuse. In the event of burglary, theft, vandalism, or disappearance of any item of furniture, fixtures, equipment, material or supplies, the Contractor shall immediately notify the police and make a record thereof, including a record of the results of any investigation which may be made thereon. In the event of loss of or damage to any item of furniture, fixtures, equipment, materials, or supplies from any cause, the Contractor shall immediately send the County a detailed written report thereon. 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 proper~ 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 roles and regulations of the County and the State of New York. 8. Lease or Rental Agreements 10. IFMS No. 0000000 001-6806-4980-95285 If lease payments or rental costs are included in the Budget as an item of expense reimbursable by the County, the Contractor shall promptly submit to the County, upon request, any lease or rental agreement. If during the Term, the Contractor shall enter into a lease or rental agreement, or shall renew a lease or rental agreement, the Contractor shall, prior to the execution thereof, submit such lease or rental agreement, to the County for approval. Statement of Other Contracts Prior to the execution of the Contract, the Contractor shall submit a Statement of Other Contracts to the County, which shall be attached as an exhibit to the Contract. If the Contract is amended during the Term, or if the County exercises its option right, the Contractor shall attach a then current Statement of Other Contracts. 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 soume. c. Funding Identification The Contractor shall promptly submit to the County upon request, a schedule for all programs funded by the County, itemizing for each such program the sums received, their source and the total program budget. 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 incurring additional costs, as long as the following conditions are met: i.) ii.) The County is not the Fund Source for the additional services; Sufficient funding is available for or can be generated by the Contractor to cover the cost inculxed by the Contractor to provide these additional services; and 24 of 28 pages ARTICLE V 'Law No. 13 - AG Rev. 7/25/12 AAA Transportation iii.) iv.) If sufficient funding is not available or cannot be generated, the County sball not be held liable for any offue 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 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 fi~nding 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 If a State or Federal government agency is funding the Contract and fails to approve aid in reimbursement to the County for payments made hereunder by the County to the Contractor for expenditures made during the Term because of any act, omission or negligence on the part offue Contractor, then the County may deduct and 25 of 28 pages ARTICLE V Il*MS No. 0000000 001-6806-4980-95285 withhold from any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal government agency, and the County's obligation to the Contractor shall be reduced by any such amounts. In such an event, if there should be a balance due to the County after it has made a final payment to the Contractor under the Contract, on demand by the County, the Contractor shall reimburse the County for the amount offue balance due the County, payable to the Suffolk County Treasurer. The pmvisioas of this subparagraph shall survive the expiration or termination of the Contract. 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 ora 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 Contractor agrees that if, for any reason whatsoever, the Contractor shall spend during the Term for the purposes set forth in the Contract an amount less than, or receive amounts more than, provided in the Budget, the total cost of the Contract shall be reduced to the net amount of 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 Contractor's total amount of allowable expenses is less than the total amount of the payments made during the Term, the Contractor shall prepare a check payable to the Suffolk County Treasurer for the difference between the two amounts and submit such payment to the County, along with the final Suffolk County Payment Voucher. Travel Costs Reimbursement to the Contractor for travel costs shall not exceed amounts allowed to County employees. Law No. 13 - AG Rev. 7/25/12 AAA Transportation I. Attendance at Conferences All conferences that are partially or fully funded by the County that the Contractor's staffwishes to attend must be pre-approved, in writing, by the County and must be in compliance with Suffolk County Standard Operating Procedure A-07 and Executive Order No. 4-2004. m, 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. n. Salary Increases No salary, wage, or other compensation for the Services shall be increased over the amount stated in the Budget without the prior written approval of the County. o. Contractor Vacancies The County shall have the right of prior approval of the Contractor's filling of any 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 regulations 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 rcplacemant clerical shall be a Contractor determination. p. No Limitation On Rights Notwithstanding anything in this Article V to the contrary, 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 Term. IFMS No. 0000000 001-6806~4980-95285 End of Article V 26 of 28 pages ARTICLE V 'Law No. 13 - AG Rev. 7/25/12 AAA Transportation Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit $ Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibits not applicable - see cover page Public Disclosure Living Wage Union Certification Lawful Hiring Certification Regarding Lobbying Legislative Designated Funding Applications; Budget Budget Modification Request Budget/Services Revisions Approval Standard Operating Procedure A-07 Amendment 1 and Executive Order 14-2007 or any successor order. Comptroller's Rules and Regulations for Consultant's Agreements Statement of Other Contracts IFMS No. 0000000 001-6806-4980-95285 27 of 28 pages SUEFOLK COUNTY DEPARTMENT OF LABOR- LIVING WAGE UNIT NOTICE OF APPLICABILITY OF LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By The Living Wage Unit DATE: July 20, 2012 TO: Mary-Valerie Kempinski, S.C. Dept. of Human Services, Office of the Aging FROM: Brenda~nberg, Director of Living Wage Compliance Unit TELEPHONE #. ~53-2063 VENDOR #: 11-6001939 REF.#: AAA Transportation You are hereby notified that the response from Town of Southold has been evaluated by the Living Wage Unit of the Suffolk County Department of Labor. We find: X The documents submitted with this contract / proposal are complete and conform to the requirements of the Living Wage Law (Local Law #12-2001). The Awarding Agency may proceed with the normal and customary procedure for administering contracts. The documents submitted with this contract / proposal are not complete, or do not conform to the requirements of the Living Wage Law (Local Law #12-2001). Employers who fail to submit documents or information required to demonstrate compliance with the Law shall be deemed non-responsive and subject to disqualification. If the employer is presently under contract, the contractor shall be deemed non-compliant and the appeals process shall be made available to said employer (Chapter 347-5 A & B). LW-13 suff°ik Camry, )faf Yo:k ~mtiml I Applicable mv~s tbt m tho mbjoa d'b amrm with the Cam~ of Sdrolkdudl not m Omq~ fudmto ~ ~ ot dmr unim oep[nidnj (Ckjtmr 466.3 A), u talk mbdJmmmt h the County fur corr, knmml to mmi~ slndl be nmb avafldde to h pmineut County spray or mtjboi~, the County --bt, or h Coumy · IAR will m expnn to employou ny bot midudin; Jnh'mmiou that is intmled to influence ~he · l/we will m ~erce ~ intmidm anplo,~n. ~y o~ Jmpli~My. jn sale,tin; o~ m ni~ I bar~ · i/we will not mph m mployee. Jndividully (r in a 8rap, to attend a meeti~ ~ n event tlut is intended to Jnflumu his or lm decbkn h sebtnfin8 or m sdeelin; a b.~ i~ · ~xI k h imx~i~m d~xxb ct h ~ of m,~k~ i~ h Com~, md · I/we have or will mbpt my m. nil ~ the abovo.rehNnc~ 1~ or their fu~kml apiv~, to emun b e~nk tbndy. "d quditY Movisi°e ed'so;~ mi mvkes to h Cou~. h droll induW m iht u~'mmid The b~oa G~nJzin; Law does not appl~ to this eemruc: b the followhs rus~(s): DOL-~OI Suffolk ~.q,m~ty, New ymk ~ ot'Labor 8~o~111 -- Co~Nam~ Town of Southold Fed~Bnq~f~lD~.' 11-6001939 Com~a~lo~Add~3095 Main Road, P.O. Box 1179 $ 5,402. -- · AmmmtofAsslmnoo: 'Southold, New York 11971 Conlra~to~l~#:Contact Person - Karen McLaughlin, Director of Human Services D~o~ofp~o~cto~ico:. AAA Transportation Assistance Program Demand responsive and regular route transportation for seniors for essential medical 631 298-~460 and nonmedical transport services. Scott A..Russell~ Southold Town Supervisor Print Name and Tit~ of Authorized l~ve DOL-LOI ~ ~ouety, N~v Y~ C~m~N~: Town of Southold · 53095 Main Road, P.O. Box 1179 Amount of A~imnce: 11-6001939 $ 5,402. 'Southold, New York 11971 ¥~#: C.~xa~#:Contact Person - Karen McLaughlin, Director of Human Services D~f~j~_ AAA Transportation Assistance Program Demand responsive and regular route transportation for seniors for essential medical 631 298-~460 and nonmedical transport services. Scott A..Russell~ Southold Town Supervisor Print N~me mi Tiffs of Au~rized Papfem~tve NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES VERIFICATION OF SUBMISSION OF LA WFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 234 (2006) To Be Completed By the Local Law Compliance Unit DATE: TO: FROM: July 11, 2012 Mary-Valerie Kempinski, S. C. Office for the Aging Brenda R.o~er~, Director TELEPHONE# 631 853-3808 EMPLOYER: Town of Southold VENDOR #: 11-6001939 REF. #: AAA Transportation You are hereby notified that the submission from Town of Southold has been received by the Lawful Hiring of Employees Unit of the Suffolk County Department of Labor. We find that this submission is complete and is in compliance with the requirements set forth by the Suffolk County Lawful Hiring of Employees Law (Local Law #52-2006). LHE-3 (01/07) Certification Regarding LobbYing For Contracts, Grants, Loans and Cooperative Agreements The Undersigned certit'~s, to the best of his or her knowledge and belief, th~ (1) No State or Federal apprOPriated funds have been paid Or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence legislation or appmpristion actions pending before local, State and Federal execut}ve and/or legislative bodies in connection with the awarding of any contract, the mal~ing of any grant, the making of any loan, the entering of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any co~-ict, grant loan, or cooperative agreement. (2) If any funds other than State or Federal appropriated funds have been paid or will be paid ~o any person for influencing or attamp0ng to influence legbl,~on or appropriation ac~Jon$ pending before local, State and Federal executive and/or legislative bodies in connection with this contract, grant, loan or coopemthm agreement, the undemigned shall complete and submit Standard Form LLL, 'Disclosure Form to Report Lobbying", in accordance with ~ instructions. (3) The undersigned shall require that the language of'this oartir~'mtion be included in the award documents for all aubewards at all tiers (inc~uding subcontracts, aubgrante, and contracts under grants, loans, and coopare~e agreements) and that all subrecipient~ shall.certify and disclose accordingly. This certification is a material mpressntation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this cert~cetion is · pmrequiab for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Failure to file the required certif'=aflon 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 failure. By: $~ Signature of Official Authorized To Sign Application For:. Town of Southold Name of Grantee Law 1~o. 13 - AG Rev. 7/25/12 AAA Transportation IFMS No. 0000000 001-6806-4980-95285 Exhibit 6 Budget Town of Southold AAA Transportation Program April 1, 2012 - March 31, 2013 PERSONNEL Driver FRINGE $6~000 6,000 300 SUBTOTAL Less Anticipated Income NET REIMBURSEMENT $6~300 (898) $5.40~2 28 of 28 pages COUNTY OF SUFFOLK OFFICE OF BUDGET AND MANAGEMENT CONTRACT BUDGET MODIFICATION REQUEST The program budget contained in the Agreement of between the (Tefra of Agreement) COUNTY OF SUFFOLK and Program Name is hereby amended as follows: Contm~ No, LINE NUMBER $ CHANGE + (HEADING) DESCRIPTION $ BEFORE $ AFTER OR- NET CHANGE ~ 0 Except as set forth above, this budget modification shall not be deemed to change any condition or provision in the said Agreement. By: By: Name: Name: Holly Rhodes-Teague Title: Title: Director Date: Dept: AGING Agency: Date: FOR THE COUNTY OF SUFFOLK APPROVED BY: DATE: BUDGET DIRECTOR NOTE.' This form is not to be used to affect any net increase in the budget. USE REVERSE FOR SUPPORTING STATEMENTS Revision No: Department: Contract Budget Approval Form Contractor: Agreement No. Agreement Period: Date last executed/amended: Budget Period to which this revision applies: Identify the items that are being changed by this revision: Budget: Period Adopting Amount of increase Amount of decrease New Budget amount for the period: Revising Copies of supporting documentation ara attached as follows (check all that apply): Resolution Budget Other Approvals: Department: Contractor: By: By:. Name: Name: Title: Title: Date: Date: Fiscal Unit: By: Name: Title: Date: Division: By: Name: Title: Date: Federal Tax ID #: County Executive Budget Office: Approved Disapproved By: Name: Title: Date: Contract Budget Approval Form 2010 STANDARD OPERATING PROCEDURE OFFICE Olr TIlE COUNTY Datc: 08/0f ] Nun~. A-07 Amendment I TRAVF~L. CO~P.~IC~- AND S~TING THIS SOP SUPERSEDES THE SHEETS IN THE SOP MANUAL THAT IS IDENTIFIED AS "SOP A-07" DATED 4/2/97. HOLDERS OF THE SOP MANUAL SHOULD REMOVE AND DISCARD THE CITED SHEETS AND REPLACE THEM ~ THIS I. Pur~: This SOP details how employees can obtain approval for confi~rcnce attendance, travel out of Suffolk County during count~ time for maf~rm~s or seminars, and government roland mcetings with an overnight stay. 2. S~oom This SOP applies to all Cotmty Employees in all county departments, officcs, or agencies. 3. ~l~[t9~.~: This procedure mends the previous version dated 3/22/04. Thc new procedure will require the booking of hotel accommodations, rental cars, aL'plane trawl, and AMTRAK bc handlcd through at dcsign*_*._~_ tmvcl agency. (l) A Conference is defined as a large group of people a,~mbling Io~thcr to discuss a wide range of topics. The Annual Ncw York State Association of Counties Conference is an example of a conference. (2) A ~ is defined as a one day, regularly scheduled or i ~n~nptu, gathering of people for a specific purpose. A meeting of thc Lesislativc Subcoffunittec of hhe Ncw York State Association of Coumies is an exampic of a meeting. (3) A Som~ is defined as a group of people ass~nbling for cducsfiofl or training ~latcd to performance of a one's job duties as a ~unty ~nploy~. A. Conferences I) No mo~ than two (2) persons from a daparUnent will be pennitl~d to -~_d a con.tn-race, meeting, or seminar. Certain exceptions will be gnmmi if n conference, meeting or seminar has programs with eonflioting hours, if it requires more than un~ ~ to ~ or if I~t11~ w~r~t more attendees (e.g., mandated Iraining). 2) No reimbursement will be made for an overnight stay in New York City, Nassau or Suffolk County. Employees will be required to commute to ~, meetings, and seminars in these loeation~ Reimbursement for meals shall be limited to those instances in which it is t~quired by binding legal oblir~ilun. :3) An application for ennference attendance, andUavel,~eForm 10, mast be submitted so that it arrives at the County Exeoutive's Budget Offi~ at least two weeks prior to the unnforence date. If an emargan~y nend to at. nd a unnfn~nen arises, the form should be fax~d to the Daputy County ~ive for Finanen and Manngnnent for approval. Any applications submit~d less than two (2) w~.ks prior to the eunforonee de~ shall be unUunaticelly denied, unless a do~mnented emergency caused by an unforeseen event beyood the conlrol of the applicant has caused the delay in filing the applieatian. In no circumstances should an employee __.~__d a conference before the ~ form has been approved. There will be no reimbursement for individuals who atmndad eonf~ences prior to receiving un approved Confe~nce Attendance Form and a l~"tsunal day or vacation day will have to be charged by such employee in the nbsan~e of such approval, 4) All travel needing hotel accommodations, airline travel, car rental, and AMTP. AK shall be ntranged through a designated travel agency. 5) Supporting information such as brochures, program descriptions, Jtinomies, documentation, fees, rationale, application, etc., must be submit~d with Executive Form #10. 6) The Rules and Regulations governing Iravel orders and accounts, promulgated by the county Department of Audit and Conlrol, must be followed in preparing Executive Form #10. 7) The bo~ indicating "Total Cost of this Cunfi."rence' and the section at the bottom indicating "Travel Cost" and "Total Cost" should be filled in on all copies. Ali applications for confab-nee attendance will be returned to the respective department, office or agency if uny of the above procedures have not been adhered to. COUNTY OF SUFFOLK st,v* L vy SU'ggOLK COUNTY ggECLrrWE il.l, eeD EXECUTIVE ORDER NO. 4-2004 TO: FROM: RE: All Department Heads Hon. Steve Levy, Suffolk county Executive Travel Vouchers mq~ ~.~vm or ~ f~ ~ ~ S~ 2-16 ~ ~2 ~ ~ SUFFOLK COU~ ~INIS~T~ CODE sh~l ~ ~ ~ by ~e C~n~ ~Ne u~ it s~ ~. a~l ~ t~ ~ .D~ C~ ~ve and De~ C~ Ex~i~ ~ F~a~ and ~~ All requests for such aPProvals s~li be filed wilh the Chief Deputy County Executive. County ~ve of Sulfolk ~-u'u~ cc: Henry L. Barton, Jr., Clerk of the Legislature COUNTY OF SUFFOLK OI~ICE OF THE COIJl~l~/EXECUTIVE EXECUTIVE ORDER NO. 1- _200_; .~m=NDINO EXECUTIVE ORDER NO. 4-2004 TO: FROM: RE: All Department Heads Steve Lew, County Executive of Suffolk County Travel Vouchers - Update Please be advised that Executive Order No. 4-2004, Travel Vouchers., is hereby amended to read as follows: PUrSuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be advised that any requests for approval or payment for travel under Sections 2-16 and 3-2 of the SUFFOLK COUNTY ADMINISTRATIVE CODE shall not be approved by the County Executive uniess'lt secures the approval of: 1_).. .~ [the] Chief Deputy County Executive; and 2_). [Deputy County Executive for Finance and Managemont] Jeffrey SZ~_hn, DelmtV County Executive and Chief of Staff. This Executive Order supersedes Executive Order No. 4-2004, Travel Vouchers. DATED: March /~,, 2005. COUNTY EXECUTIVE OF SUFFOLK COUNTY ] Braokets denote deletion of existing language. Underlining denotes addition of new language. Henry L. Barton, Jr., Clerk of the Legislature Kevin S. Law, Esq., Chief Deputy County Executive for Administration and General Counsel Paul Sabatino II, Esq., Chief Deputy County Executive Frederick B: Poliert, Deputy County Executive for Finance and Management Jeffrey Szabo Deputy County Executive and Chief of Staff Jeanine Dillon, Assistant Deputy County Executive Adam Santiago, County Executive Assistant, Intergovemmentel Relations Division Amy Engel, County Executive Assistant Executive's Technology Unit EO-1.2005.Travel-You=hera-updated COUNTY OFSUFFOLK OFFICI~ 01~ ~ COUN'i~ ~ EXECUTIVE OROI:R N~). 1A-2005 ~A~!__I=NDING EXECUTIVE ORDER NO. 4-2004 TO: FROM: RE: All Department Heads Stave Levy, County Executive of Suffolk County Travel Vouchers - Update Please be advised that Executive Order No..4-20.04, Travel Vouohem, is hereby amended to read as follows: Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, piease be advised that any requests for approval or payment for travel and misted expenses and'attendance under Sections [2-16 and 3-2] ~ of the SUFFOLK COUNTY ADMINISTRATIVE CODE shall [not] only be approved by the County Executive [unless it secures the a~proval of] or by: 1.) Paul Sabetino II, Chief Deputy County Executive; and 2.) Jeffrey Szabo, Deputy County Executive and Chief of Staff. This Executive Order supersedes Executive Order No. 4-2004, Travel Vouchers. ~OLK COUNTY [ ] Brackets denote deletion of existing language. Underlining denotes addition of new language. Henry L Barton, Jr., Clerk of the Legislature Kevin S. Law, Esq., Chief Deputy County Executive for Administration and General Counsel Paul Sabattno II, F. sq., Chief Deputy County Executive Frederick B. Pollert, Deputy County Executive for Rnance and Management Jeffrey Szabo Deputy County Executive and Chief of Staff Jeanlne Dillon, A~sistant Deputy County Executive Adam Santiago, County Executive Assistant, Intergovernmental Relations Division Amy Engel, County Executive Assistant Executive's Technology Unit EO-1A-2005-TraveI-Vouchms-ulxlated- 1A COUNTY OF SUFFOLK OFFICE OF TIlE COU1NTY EXECUTIVE Steve Levy COL/NYY EXECUTIVE EXECUTIVE ORDER NO, 14-2007 RESCINDING 'EXECUTIVE ORDER NO. 1A-2006, TO: FROM: RE: All Department Heads Steve Levy, County Executive of Suffolk County Travel Vouchers Please be advised that Executive Order r:.3. 1A-2005, Travel Vouchers-Update, is hereby rescinded. Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be advised that any requests for approval or payment for travel and related expenses and attendance under Sections 2-17 anJ 3-1 of the SUFFOLK COUNTY ADMINISTRATIVE CODE shall only be approved by the County Executive or by Deputy County Executive and Chief of Staff Jeffrey W. Szabo DATED: December / ,/. 20 7. sTEvE ' ' COUNTY EXECUTIVE OF SUF~:OLK COLTNTY cc: Tim Laube, Clerk of the Legislature William J. Lindsay, Presiding Officer 3im Morgo, Chief Deputy Coqnty Executive Jeffrey W, Szabo Deputy County Exocutive and Chief of Staff Ben Zwim, Deputy County Executive Frederick B. Polled, Deputy County Executive for Finance and Management Joseph S. Dujmic, Jr,, Coun(y Executive Assistant Executive's Technology'Unit COUNTY OFSUFFOLK OFFICE OF THE COUNTY COMPTROLLER JOSEPH SAWICKI, JR. Comptroller DEPARTMENT OF AUDIT AND CONTROL Comptroller's Rules and Regulations for Consultant's Agreements Revised 12/2009 TABLE OF CONTENTS Purpose ....................................................................................... Scope .......................................................................................... 1 Definitions .................................................................................... 1 Allowable Claims ........................................................................... 1 Claim Submission ........................................................................... 2 Out of Pocket Expenses ................................................................... 3 Sub-Contractor Claims ..................................................................... Certified Statements ........................................................................ 6 EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C County of Suffolk, Standard Payment Voucher FORM PV ...................................................... 8 Consultant's Time Summary FORM A & C 108 ............................................. 9 Consultant's Expense Summary FORM A & C 109 ............................................ 10 1 1. Purpose - This manual establishes procedures for the reimbursement of expenditures for consultants under contract with the County. 2. Scope - These instructions apply to all County departments and agencies utilizing consultant services. 3. De£mitions a. Consultant - An individual or firm engaged to provide outside professional services to Suffolk County departments and agencies. b. Consultant's A~r~ent - A written contract describing the specific services to be rendered by the consultant and the amount and temps of payment for the services to be made by the County. The consultant's agreement shall constitute the sole authorization for payment of claims. The consultant's agreement shall be prepared in accordance with the County Executive's Operating Procedures, SOP # 1-05. Non-specific general purpose or lump sum payment agreements are not recommended. 4. Allowable Claims - Only claims which are submitted for expenditures specifically identified in the agreement will be approved for payment. Generally, the agreement will stipulate a maximum fee for services rendered which is based upon a rate per day or per hour. Accordingly, a rate schedule is an integral part of each consultant's agreement. Increases will be allowed only by amendment to the agreement. Out-of-pocket expenditures are reimbursable if it is so stipulated in the consultant's agreement. 2 Claim Submission - Consultants should submit their claims for reimbut~ement through the County deparlment or agency responsible for the consultant's assignment, using appropriate forms, as indicated below: a. Claim Voucher- A County of Suffolk Standard Payment Voucher Form (Exhibit A) must accompany each consultant claim. The claim voucher should refer to the consultant's agreement under which payment is requested and indicate the category of expenses or contract covenant applicable to the claim voucher. It should be initialed by the departmental unit representative under whose supen4sion or jurisdiction the work was performed, signifying that the consultant has complied with ail the terms and conditions of the agreement under which the payment is requested. The voucher must then be signed by the department head or his duly authorized representative and forwarded to the Department of Audit and Control for payment. b. Consultant's Time Summary, FORM A&C 10g (l~.xhjhit B) - The Consultant's Time Summary should be used to record daily hours worked by each staff member of the consultant working on the project. Space is provided to record and extend the hours and wages of each staff member assigned to the project on one form. The completed FORM A&C 108 must be signed by and authorized individual of the consultant's firm. It should then be attached to the County of Suffolk Standard Payment 3 voucher form. A copy of the consultant's payroll register with a cover letter indicating the individuals charged to the project for the claim period will be accepted as a substitute for the Consultant's Time Summary. Consultant's Expense Summar7~ FORM A&C 109 (Exhibit C) - The Consultant's Expense Summary should be used to detail expenses for travel, meals, lodging or other necessary end reasonable om-of-pocket expenditures incurred on the project. Each expense item should be documented by a receipted bill, sales slip or invoice which totals the daily expenditures shown on the form. The completed FORM A&C 109 must be signed by an authorized individual of the consultant's f'n'm. It should then be attached to the County of Suffolk Standard Payment Voucher Form. o Om-of-Pocket Expenses - If these expenses are reimbursable under the consultant's agreement, the following rules end guidelines should be considered before incurring such expenses and submitting claims: a. Meals - Meals are reimbursable under a consultant's contract only if the purpose of the meal is valid, that is, authorized under the contract as sustenance while traveling. Effective October 1, 2009, the per diem meal allowance shall be in accordance with the current maximum reimbursement rate for food as established by the U.S. General Services Administration for the New York region. As published in IRS Publication 1542 (rev. October 2009), the 2009 per diem meal end incidental rate is 4 $71.00 per diem including tax. Audit and Control should be contacted for allowable rates for future fiscal periods. (Gratuities, at a reasonable and customary rate, shall be reimbursed over and abovc the state limits). The County will not honor claims for the reimbursement of "business meals" submitted by members of the consultant's firm who are not traveling out of town (overnight) in performance of the contract. Where a consultant meets the necessary criteria to be reimbursed for meals, no receipts will be necessary but a certified statement will be required. b. Lodging - Effective October 1, 2009, claims for lodging will be reimbursed at a rate not to exceed the current maximum reimbursement rate for lodging as established by the U.S. General Services Administration for the New York region as published in the IRS Publication 1542 (rev. October, 2009). The 2009 per diem rate for lodging is $130.00 including taxes. Claims for lodging must be accompanied by paid receipts. Audit and Control should be contacted for the allowable rate for future fiscal periods. c. Airfare - Aid'are will only be reimbursed at the economy coach rate and a receipt will be necessary. Individuals choosing to fly first class will not be reimbursed for the premium expenses incurred. d. Mileage - The County will reimburse mileage claims in accordance with the applicable current rate allowed by the U.S. Internal Revenue Service. As of January 1, 2009 the rate is $.55 per mile and January 1, 2010 the 5 rate is $.50 per mile. The consultant must provide origin, destination and miles traveled for each Irip. Audit and Control should be contacted for the allowable rate for future fiscal periods. e. Taxis - Taxi fares up to $25.00 will be reimbursed based on actual receipt or certified statement. Any taxi expenses in excess of $25.00 per trip will require receipts. Receipts and certified statements shall include origin and destination, as well as the purpose of the trip. f. Subways and Buses (local) - A certified statement will be adequate documentation for these expenses. g. Tolls - Receipts or certified statement will be adequate documentation for these expenses. h. Telephone Expenses- Telephone expenses up to $25.00 per month will be reimbursed based on a receipt or certified statement. Telephone expenses totaling over $25.00 will require copies of the telephone company bills with the appropriate calls circled. i. Photocopies - In lien of a specific contract for photocopies, the County will reimburse at a cost not to exceed $.15 per copy, including labor. A certified statement will be adequate documentation for reimbursement. Sub-Contractor Claims - When the consultant is authorized in the Consultant's Agreement to hire a sub-contractor, the Comptroller's Office should be supplied a copy of the sub-contractor's agreement. Claims will not be processed if they are o 6 not in compliance with the contract between the Consultant and the County. The reporting requirement of the sub-contractor will be the same as that of the Consultant. Details of ail expenditures claimed must be documented inthe same manner. If the sub-contractor's agreement with thc Consultant is a lump-sm payment agreement, detailed documentation reporting requirements are waived. Certified Statements - When the consultant incurs minor travel or other out-of- pocket expenses for which receipts are not available, he shall prepare an itemized statement detailing the type and amount of expense, including the lime, date, and place incurred. After summarizing expenses claimed, the consultant must add and sign the following certification terminology: "The above expenses are true and just and are a result of business conducted in accordance with the terms of the contract with Suffolk County, and have not be been previously paid." Signature of Authorized Person EXllmIT A COUlqS~TANT'S Tag SUMMARY CONSULTANT'S NASa ~ ~ P~RIOD I~DD4G $ STATEMENT OF OTHER CONTRACTS CONTRACTOR NAME Town of Southold Senior Services ADDRESS 750 Pacific Street, P.O. Box 85, Martituck~ New York 11952 CONTACT Karen McLangJ~lin, Director PHONE NUMBER 631 298-4460 AGREEMENT TERM OF PROGRAM NUMBER CONTRACT WITH AGREEMENT AMOUNT III-C Nutrition Programs for the 1 FMS No. S C EXE Suffolk County Office for EIderly(CongregateC-1 and 11000005241 the Aging 1/I/12- 12/31/12 $ 249,353.00 Home Delivered Meals C-2) AAA Transportation 1 FMS No. 00000004907 Suffolk County Office for Assistance Program the Aging 04/01/11 - 3/31/12 $ 5,402.00 CSE Residential Repair 1FMS No. 00000005218 Suffolk County Office for Program the Aging 04/01/12-03/31/13 $ 19,380.00 Indicate (a) type of organization - County, State, Federal or Other and (b) name of Department, Agency or Organization. STATEMENT OF OTHER CONTRACTS 05 2/2012