HomeMy WebLinkAboutResidential Repair ProgramRESOLUTION 2012-326
ADOPTED
DOC ID: 7764
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-326 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 10, 2012:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Suffolk County Office
for the Aging and the Town of Southold for community services for the Elderly Residential
Reoair Program, for the period April 1, 2012 through March 31, 2013, at no cost to the Town,
subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
~ Communi~ Servic~ fo~ the £1deH~- Residential Repai~
IFMS No. 00000005707
No. 001-J KDt-6777-4980-95285
Contract
This Contract ("the Contract") is between thc County of Suffolk ("the County"), a municipal corporation of the
State of New York, acting through its duly constituted Office for the Aging ("the Department"), located at 100 Veterans
Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099; and
Town of Southold ("the Contractor"), a Municipal Corporation, having an address at $3095 Main Road, P.O.
Box l 179, Southold, New York, 11971.
The Contractor has been designated to receive funds from the County for Community Services for the Elderly
(CSE) Residential Repair ("the Services") as set forth in Article I, entitled "Description of Services."
Term of the Contract: April 1, 2013 through March 3 I, 2014; with an option, to be exercised at the County's
discretion, to September 30, 2014 on the same terms and conditions herein.
Units of Service: 850 Units of Residential Repair Services
140 Unduplicated Persons
Total Cost of the Contract: Shall not exceed $19,380.00, to be paid as set forth in Appendix I, 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
Supervisor
Fed. Tax 1D #:11-6~001937
Date o~/
__% ~ ..47~ ~_~4 ¢£ e~ [ [ hereby ce~ifies
un~ penalties of perj~ ~at I ~ m officer of
'7tDtD m ~ . ~C~v/~, ~at I have read
I m famili~ wi~ ~A5-7 of~icle V of the Suffo~
~dCode, ~d that
requkements m q~f~
Approved as to Legali~:
Dennis M. Brown,
Coun~ A~orney
sist~ CounW A~gmey~
By:C°un~t' Suffolk
Dennis M. Cohen
Chief Deputy County ~Executive
Date: ~/~'// ~
Approved:
Department
Holly Rh6dtes-Teague ' ' (..._~
Director, Office for the Aging
Date
RecommendeD
By: ]('~_ ,"~ J~.t o_
Regina DeTuro
Administrator I
Date
II [111 II IIII II II
0019010
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IFMS No. 00000005707
No. 001-JKDI-6777-4980-95285
List of Articles
Page #
Article I ............................................................................................................................................................................. 5
Description of Services .......................................................................................................................................................... 5
Article II ..................................................................................................................................................... ; ..................... 15
Definitions ........................................................................................................................................................................... 15
1. Meanings of Terms .................................................................................................................................. 15
2. Elements of Interpretation ....................................................................................................................... 16
Article III ........................................................................................................................................................................... 17
General Terms and Conditions .......................................................................................................................................... 17
1. Contractor Responsibilities ..................................................................................................................... 17
a. Duties and Obligations .................................................................................................................. 17
b. Qualifications, Licenses, and Professional Standards ................................................................... 17
c. Notifications .................................................................................................................................. 17
d. Documentation of Professional Standards ..................................................................................... 17
e. Credentialing ................................................................................................................................. 17
f. Engineering Certificate .................................................................................................................. 18
2. Termination ............................................................................................................................................. 18
a. Thirty Days Termination ............................................................................................................... 18
b. Event of Defanlt; Termination on Notice ...................................................................................... 18
c. Termination Notice ........................................................................................................................ 18
d. Duties upon Termination ............................................................................................................... 18
3. Indemnification and Defense ................................................................................................................... 18
4. Insurance .................................................................................................................................................. 18
5. Independent Contractor ........................................................................................................................... 19
6. Severability .............................................................................................................................................. 19
7. Merger; No Oral Changes ........................................................................................................................ 20
8. Set-Off Rights .......................................................................................................................................... 20
9. Non-Discrimination in Services .............................................................................................................. 20
t 0. Nonsectarian/Nonpartisan Declaration .................................................................................................... 20
11. Governing Law ........................................................................................................................................ 20
12. No Waiver ............................................................................................................................................... 20
13. Conflicts of Interest ................................................................................................................................. 20
14. Cooperation on Claims ............................................................................................................................ 21
15. Confidentiality ......................................................................................................................................... 21
16. Assignment and Subcontracting .............................................................................................................. 21
17. Changes to Contractor ............................................................................................................................. 21
18. No Intended Third Party Beneficiaries .................................................................................................... 22
19. Certification as to Relationships .............................................................................................................. 22
20. Publications ............................................................................................................................................. 22
21. Copyrights and Patents ............................................................................................................................ 22
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a. Copyrights ..................................................................................................................................... 22
b. Patents ........................................................................................................................................... 22
22. Arrears to County .................................................................................................................................... 22
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction
24. Record Retention ..................................................................................................................................... 22
25. Notice ...................................................................................................................................................... 23
Article IV ........................................................................................................................................................................... 24
Suffolk County Legislative Requirements ........................................................................................................................ 24
1. Contractor's/Vendor's Public Disclosure Statement ............................................................................... 24
2. Living Wage Law .................................................................................................................................... 24
3. Use of County Resources to Interfere with Collective Bargaining Activities ......................................... 24
4. Lawful Hiring of Employees Law ........................................................................................................... 24
5. Gratuities ................................................................................................................................................. 25
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas .................................. 25
7. Child Sexual Abuse Reporting Policy ..................................................................................................... 25
8. Non Responsible Bidder .......................................................................................................................... 25
9. Use of Funds in Prosecution of Civil Actions Prohibited ....................................................................... 26
10. Youth Sports ............................................................................................................................................ 26
11. Work Experience Participation ............................................................................................................... 26
12. Suffolk County Local Laws Website Address ......................................................................................... 26
Article V ........................................................................................................................................................................... 27
General Fiscal Terms and Conditions ............................................................................................................................... 27
1. General Payment Terms .......................................................................................................................... 27
a. Presentation of Suffolk County Payment Voucher ........................................................................ 27
b. Voucher Documentation ................................................................................................................ 27
c. Payment by County ........................................................................................................................ 27
d. Budget Modification ...................................................................................................................... 27
e. Budget and/or Services Revisions ................................................................................................. 27
f. Taxes ............................................................................................................................................. 28
g. Final Voucher ................................................................................................................................ 28
2. Subject to Appropriation of Funds .......................................................................................................... 28
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures .................................. 28
4. Accounting Procedures ............................................................................................................................ 28
5. Audit of Financial Statements ................................................................................................................. 29
6. Financial Statements and Audit Requirements ........................................................................................ 29
7. Furniture, Fixtures, Equipment, Materials, Supplies ............................................................................... 30
a. Purchases, Rentals or Leases Requiring Prior Approval ............................................................... 30
b. Purchase Practices/Proprietary Interest of County ........................................................................ 30
c. County's Right to Take Title and Possession ................................................................................ 30
d. Inventory Records, Controls and Reports ...................................................................................... 30
e. Protection of Property in Contractor's Custody ............................................................................ 31
f. Disposition of Property in Contractor's Custody .......................................................................... 31
8. Lease or Rental Agreements .................................................................................................................... 31
9. Statement of Other Contracts .................................................................................................................. 31
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10. Miscellaneous Fiscal Terms and Conditions ........................................................................................... 31
a. Limit of County's Obligations ....................................................................................................... 31
b. Duplicate Payment from Other Sources ........................................................................................ 3 l
c. Funding Identification ................................................................................................................... 31
d. Outside Funding for Non-County Funded Activities .................................................................... 31
e. Potential Revenue .......................................................................................................................... 32
f. Payments Contingent upon State/Federal Funding ....................................................................... 32
g. Denial of Aid ................................................................................................................................. 32
h. Budget ............................................................................................................................................ 32
i. Payment of Claims ........................................................................................................................ 32
j. Payments Limited to Actual Net Expenditures ............................................................................. 32
k. Travel Costs ................................................................................................................................... 32
1. Attendance at Conferences ............................................................................................................ 32
m. Salaries .......................................................................................................................................... 33
n. Salary Increases ............................................................................................................................. 33
o. Contractor Vacancies ..................................................................................................................... 33
p. No Limitation On Rights ............................................................................................................... 33
q. Comptroller's Rules and Regulations ............................................................................................ 33
Appendix I ........................................................................................................................................................................... 34
Rate Page ........................................................................................................................................................................... 34
Exhibits ........................................................................................................................................................................... 35
Exhibit 1 Public Disclosure not applicable .................................................................................................................... 35
Exhibit 2 Living Wage ..................................................................................................................................................... 35
Exhibit 3 Union Certification .......................................................................................................................................... 35
Exhibit 4 Lawful Hiring .................................................................................................................................................. 35
Exhibit 5 Certification Regarding Lobbying ................................................................................................................. 35
Exhibit 6 Legislative Designated Funding Applications; Budget ................................................................................ 35
Exhibit 7 Budget Modification Request ......................................................................................................................... 35
Exhibit 8 Budget/Services Revisions Approval ............................................................................................................. 35
Exhibit 9 Standard Operating Procedure A-07 Amendment 1 ................................................................................... 35
and Executive Order 14-2007 or any successor order. ..................................................................................................... 35
Exhibit 10 Comptroller's Rules and Regulations for Consultant's Agreements .......................................................... 35
Exhibit 11 Stateraent of Other Contracts ........................................................................................................................ 35
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Article I
CSE Residential Repair
Description of Services
Whereas, the Contractor has been identified in the 2013 Suffolk County Adopted Budget under the pseudo code
as listed on page one of the Contract to perform the Services for the Department; and
Whereas, the Town of Southold has been designated as a line item in the Suffolk County Operating Budget to
receive funding; and
Whereas, the continuity of service delivery is considered to be in the best interest of the County and the elderly
residents of Suffolk County for the best possible outcomes;
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the pa~ies hereto
agree as follows:
Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
Goals of the Program
The Residential Repair Program ("Program") is to provide persons aged sixty (60) or over, who are in
need, with minor repair and renovation assistance to remediate or upgrade substandard, unsuitable or
unsafe housing, including, but not limited to, handicapped modifications or crime prevention
modifications.
The Program provides the required labor and recipients pay for necessary supplies and materials.
Persons aged sixty (60) and over who are incapable of maintaining their homes because of illness,
incapacity, handicap or absence of a caretaker relative are eligible to receive services.
General Terms and Conditions
In general, but without limitation, the Contractor shall be required to meet the criteria listed below:
a. The Contractor is to afford priority to servicing those elderly persons who New York State has
identified as the target population (minority, low-income, frail, and vulnerable) in accordance
with paragraph number five (5) below.
b. The Contractor may not impose a means test of eligibility. No income or asset information may
be used to determine eligibility for service notwithstanding any other provisions of this
Agreement.
e. Persons eligible for or receiving the same or a similar service under another government-funded
program are not eligible for this service. However, determination of eligibility must be done on
an individual basis recognizing specific circumstances as they pertain to the person's need.
d. The Contractor may not charge any fees for services.
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ARTICLE I
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Administration
Overall administration of this program will be the responsibility of the Contractor. The Contractor or its
designee will insure proper implementation and direction of the services, act as liaison between the
Department and the actual recipients of service and insure accuracy and timeliness of submission of all reporting
fonns and expenditures.
Contractor's Staff
a. The Contractor shall employ adequate numbers of qualified staff, which may include volunteers,
and supervisory personnel to meet all the specifications and responsibilities of the program in an
orderly, punctual and reliable manner. All meetings and trainings required by the County are to
be attended by the appropriate staff. The Contractor will have on file with the Department the
procedures to be followed by workers and other staff in case of emergency.
b. The Department has the right to review and approve Contractor's staff applicable to the Program.
e. The provisions of this paragraph five (5) are in addition to the provisions of Article V, paragraph
10, subparagraph o.
Coordination
The Contractor shall coordinate the delivery of services with other providers and organizations to
provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish
this, the Contractor will undertake activities such as but not limited to participation in inter-agency
meetings, coordination of referrals and follow-ups with other local service providers, entering into
agreements with other organizations for joint efforts and/or funding, centralized assessment and
maintaining up-to-date resource materials both within and outside the Contractor's organization.
Targeting and Outreach
a. Targeting activities must be designed to identify individuals in the target populations who need
services and to increase service delivery to the target population by linking targeted populations
to, or providing them with, appropriate service. Consistent with the OAA and NYS applicable
regulations, including the following laws: the Older Americans Act (OAA), Title III of the Code
of Federal Regulations, 45 CFR 1321; the NYS Elder Law and relevant NYS regulations (Title 9,
Subtitle Y of the New York State Code of Rules and Regulations); the Contractor's targeting
goal is to substantially increase the numbers of older adults from targeted population groups
(minority, low-income, frail, vulnerable).
b. The Contractor must give preference to providing services to older individuals with the greatest
economic or social needs with particular attention to specifically identified targeted groups,
(OAA §305 (a)(2)(E)). The term "greatest economic need" is defined as the need resulting from
an income at or below the poverty levels as established annually by the U.S. Office of
Management and Budget. The term "greatest social need" refers to the need caused by non-
economic factors which include physical and mental disabilities, language barriers and cultural,
social or geographical isolation including isolation caused by racial or ethnic status that restricts
an individual's ability to perform normal daily tasks or threatens the capacity of the individual to
live independently (OAA § 102 (23 and 24)).
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The following four target groups have been identified as having the greatest economic and social
needs: minority, low income, frail and vulnerable.
i. Minority-persons of Black, Hispanic, Asian, Native American (American Indian), Alaska
Native, Native Hawaiian or Other Pacific Islander origins. Persons whose origins are of
two (2) or More Races or who are identified as being in a racial category different from
those above (other than white) may be included (see the Other Race or two (2) or More
Races categories, defined below).
a) Black - refers to a person who has origins in any of the Black racial groups
of Africa. This includes, for example, persons who self report as Black,
African American, Kenyan, Nigerian, Haitian or other applicable
identification.
b) Hispanic (or Latino) - refers to a person of Cuban, Mexican, Puerto Rican,
South or Central American, or other Spanish culture or origin regardless of
race. Hispanic origin can be viewed as the heritage, nationality group,
lineage, or country of birth of the person or the person's parents or
ancestors before their arrival in the United States. People who identify
their origin as Hispanic, Latino, or Spanish may be any race.
c) Asian - refers to a person having origins in any of the original peoples of
the Far East, Southeast Asia, or the Indian subcontinent, including, but not
limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the
Philippine Islands, Thailand, and Vietnam.
d) American Indian or Alaska Native - refers to a person having origins in
any of the original peoples of North and South America (including Central
America) and who maintains tribal affiliation or community attachment.
This category includes people who indicated their race(s) as "American
Indian or Alaska Native" or reported their enrolled or principal tribe, such
as Navajo, Blackfeet, Inupiat, Yup'ik, and/or Central American or South
American Indian groups.
e) Native Hawaiian or Other Pacific Islander - refers to a person having
origins in any of the original peoples of Hawaii, Guam, Samoa, or other
Pacific Islands.
f) Other Race or two (2) or More Races - this category includes persons who
self identify as multiracial, mixed, interracial, or a racial category other
than white, not included in the descriptions above.
ii. Low-Income-Persons with incomes at or below 100% of the poverty level.
iii. Frail-Persons with one or more functional deficits in the following areas:
a) Physical functions;
b) Mental functions;
c) Activities of daily living (eating, bed/chair transfer, dressing, bathing, toiletry and
continence); and/or,
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d) Instrumental activities of daily living (meal preparation, housekeeping, shopping,
medications, telephone, travel, and money management).
Disabled-Any person who has a physical or mental impairment which substantially limits
one or more major life activities, has a record of such impairment, or is regarded as
having such impairment. This includes alcoholism and drug addiction.
Vulnerable-Persons with a deficit of social resources, those who are isolated socially,
linguistically or geographically, and/or those affected by other environmental conditions
including the following:
a) Language barriers; Limited English Proficiency - Individuals who do not speak
English as their primary language and who have a limited ability to read, write,
speak, or understand English may be limited English proficient, and may be
eligible to receive language assistance with respect to a particular type of service,
benefit, or encounter.
b) Rural residence;
c) Persons with disabilities;
d) Institutionalized or at risk of institutionalization;
e) Lesbian, gay, bisexual, transgender (LGBT) older adults;
f) Low literacy;
g) Older adult caregivers of children with developmental disabilities, mental illness,
or other disabilities requiring a caretaker (e.g., traumatic brain injury);
h) Homebound; and,
i) Alzheimer's or other Dementia.
d. In order to comply with Targeting requirements, the Contractor must employ Outreach Strategies
which may include, but are not limited to, locating target populations using Census or other
resource data, translated printed materials, location of services in catchment areas for targeted
populations, publicity to community-based groups, and minority staff/volunteers.
Equal Access
a. The Contractor shall comply with requirements for equal access including language accessibility,
nondiscrimination and concentration of services on target populations.
b. The Contractor shall adopt staffing procedures which provide for services to be delivered in a
language other than English in areas where a significant number of clients do not speak English
as their principal language.
c. The Contractor shall provide maximum accessibility to those older adults in greatest economic or
social need, and ensure that new sites be free from architectural barriers that limit participation of
disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1)). Accessibility
requirements include provision of services and assistive devices (including assistive technology
services and devices) designed to meet the unique needs of older individuals who are disabled,
and of older individuals who provide uncompensated care to their adult children with disabilities.
Providers must ensure that communications with individuals with disabilities are as effective as
communications with others (ADA, 28 CFR 35.160-35.164). For example, auxiliary aids and
services may include:
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For individuals who are deaf or hard of hearing: qualified imerpreters, note takers,
computer-aided transcription services, written materials, telephone handset
amplifiers, assistive listening systems, telephones compatible with hearing aids,
closed caption decoders, open and closed captioning, telecommunications devices
for deaf persons (TDDs), videotext displays, and exchange of written notes.
For individuals with vision impairments: qualified readers, taped texts, audio
recordings, Brailed materials, large prim materials, and assistance in locating
items.
For individuals with speech impairments: TDDs, computer terminals, speech
synthesizers, and communication boards.
d. Additionally, consistem with the Civil Rights Act of 1964, Title VI, the Title VI regulations,
federal Executive Order 13166, and the NYS Human Rights Law. All AAAs and subcomractors
are required by law to take reasonable steps to provide meaningful access to limited English
proficient persons. All aging services providers, are obligated to provide reasonable, timely, and
appropriate language assistance to the limited English proficiency (LEP) populations each serves.
Mandated Action:
The Contractor shall, at a minimum, establish a telephonic interpretation service contract or
similar community arrangement with a language interpretation services provider of their choice
no later than ninety (90) days after the effective date of this contract. The Contractor's staff for
this Program with public contact must be aware of, and trained in the timely and appropriate use
of, these language services. The Contractor shall also ensure that LEP persons are informed of the
availability of language assistance, free of charge, by providing written notice in languages LEP
persons will understand at service locations.
Reporting Requirements
One unit of service is equal to one hour of residential repair/renovation service.
The Contractor shall submit to the Department monthly reports covering program activity and
expenses incurred during the reporting period. Such reports must be submitted to the Department
by the tenth day of the month following the period being reported, and be on a form specified by
the Department and shall comply with all procedures required by the Department for the proper
payment of vouchers and audits.
Financial reports, or vouchers, also must never contain the names of the clients served, but may
be coded to indicate the particular client served.
The Contractor must at a minimum determine and maimaln the following specific type of
demographic information for each individual receiving services.
Demographics
The Contractor must at a minimum determine and maintain the following specific type of
demographic information for each individual receiving services:
· Name.
· Sex.
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10.
Incident Reporting
a.
Age.
Disabled/Frail.
Vulnerable.
Live Alone.
Low Income - The need resulting from an income level at or below the poverty
threshold, as established by the Bureau of the Census and updated annually as
follows:
Size of Family Unit
1
2
Minority.
100 % of Poverty Threshold
$11,490/year
$15,510/year
Low Income Minority - those minority persons whose income is at or below the
poverty threshold.
The Contractor agrees to provide the Department with reports of all instances of claims, costs,
damages, and injuries to persons or property of whatsoever kind arising out of services provided under
this Agreement. All such notifications should be given to the Department immediately after the
incident, if possible, but in no case longer than five (5) days after the incident. The Contractor further
agrees to send the Department copies of all "notices of claim" or any other papers relating to litigation
it receives relating to the program covered under this Contract.
The Contractor will report at least verbally to the Department, within 24 hours any incidents
involving the client, whether the incident requires medical attention or not. A written follow up
of such incident shall be sent to the Department within (5) days of occurrence. The Contractor
will report any circumstances outside normal events that affect the well-being of the client,
including deteriorating conditions and significant changes that might lead to unsafe conditions
for the client.
11.
Confidentiality
Confidential records shall be maintained on each recipient. Reports, as required by the Department,
should not contain the names of any clients, and identifying codes should be used to indicate particular
clients served, if necessary.
a. The Contractor agrees that no personal information obtained from an individual in conjunction
with this program shall be disclosed in a form in which it is identified with the individual without
such individual's written consent to such disclosure, except to the Department.
In the case of a request by the Department for names and addresses of individuals participating in
the program, the Contractor shall furnish such information as requested. Failure to comply with a
request by the Department for such information shall be deemed a material breach of this Contract
and shall result in a freeze on all monies due and owing to the Contractor until compliance by the
Contractor.
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12.
Promotions and Advertisements
a. It is the responsibility of the Contractor to provide publicity for the program and to have an
identifying logo in equal sized lettering on any printed materials and on all brochures, flyers, and
advertisements (including without limitation television graphics), and on Program vehicles, as
follows:
Funded by the Department of Health and Human Services
through the New York State Office for the Aging
and the
Suffolk County Office for the Aging
b. Any announcements of the Program on radio or television must identify funding in the same
manner.
c. The provisions of this paragraph 12 supersede the provisions of paragraph 20a of Article III.
13. Contributions
a. The Contractor may not impose a means test of eligibility. No income or asset information may
be used to determine eligibility for service notwithstanding any other provisions of this Contract.
Any Suffolk resident sixty (60) years of age or older is eligible to receive this service.
b. The Contractor has the obligation to inform each recipient of the service, of the opportunity to
make a completely voluntary and anonymous contribution toward the cost of the service. Service
may not be denied, however, if a person is unable or unwilling to make a contribution. An audit
trail of all incoming contributions received must be reported monthly. All contributions are used
to expand the service. The letter sent to each recipient annually informing him/her of these facts
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. Service will
not be denied if you are unable or unwilling to contribute. Any contribution you wish to make
will be used to expand the program and will be greatly appreciated.
14. Participant Comments & Satisfaction Surveys
Pursuant to the NYS Office for the Aging Regulations Section 6654.8, the Contractor shall develop and
implement procedures to obtain the views of program participants about the services they receive.
Copies of records of such views shall be maintained for at least five program years and shall be available
to the Department for inspection upon request. Such method shall respect the client's right to
confidentiality. In any event, at conclusion of the service, but not less often than annually, the
Contractor shall send each recipient an evaluation letter and survey in the form approved by the
Department, informing him/her of the sources of funding for the program and including the following
information:
Contributions are welcomed and are used to expand this service.
15. Monitoring
a. Financial Transactions
The Department's staff and staff of the New York State Office for the Aging may examine or
review evidence regarding the existence, timing and classification of financial transactions that
are charged to the program for reimbursement. To obtain this evidence, such staff may examine
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16.
documentary evidence, including financial statements, financial reports, etc., and original
records. Such staff may make physical verification by actually observing or counting certain
assets (e.g., cash, equipment and supplies) to establish their physical existence.
b. Program
Subject to the limitations of client confidentiality, the contractor agrees to permit the
Department's staff and staff of the New York Office for the Aging to review program records and
to monitor training, supervision and services at any time.
Grievance Procedures
In accordance with §306 (a) (6) (P) of the Older Americans Act, as mended (OAA),and NYS Regulation
6654.16, the Department has established a process for resolving complaints from older persons who are
dissatisfied with or denied services. The Contractor shall comply with the requirements of the Grievance
Procedures as set forth in Article IA - Grievance Procedures.
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Article lA
Grievance Procedures
Purpose
In accordance with §306 (a) (6) (P) of the Older Americans Act, as amended (OAA)and NYS Regulation
6654.16, the Suffolk County Office for the Aging has established a process for resolving complaints
from older persons who are dissatisfied with or denied services.
Notifying Participants of the Right to File a Grievance
a. The Contractor shall inform all participants in the program of the right to file a grievance. A
summary of the procedures, including a statement that assistance to file shall be provided to older
persons, must be prominently posted at service delivery sites or offices at which participants and
service applicants apply for services. Summaries must be in a format approved by the Department
and shall also be written in languages other than English where required to serve the
client/applicant population. Service participants shall be informed of the grievance procedures
through written and verbal statements provided to them upon assessment and/or reassessment for
services.
b. A participant or applicant who is denied services by the Contractor and the Department
program monitor must be given the reasons for the denial. The denial shall be confirmed in
writing and the applicant informed of the right to file a grievance and to whom the grievance
shall be addressed. For services which are applied for by telephone or verbally, in person, the
client may be told of the right to file a grievance verbally.
Grievance Process
Filing of grievances must follow the following process:
i. Participants must submit their grievances in writing to the Department's Program
Administrator.
ii. The grievance should be filed within thirty (30) days of denial, reduction or termination
of services, or of the event or circumstances with which the participant is dissatisfied. The
Department's Program Administrator may grant an extension for good cause shown.
iii. The grievance should be filed on the form approved by the Department, which shall
include a written statement setting forth in detail the date, time and cimumstances that are
the basis of the complaint.
Investigation and Response to Grievance:
i. The designated reviewer who performs the initial review shall investigate the grievance,
including, as appropriate, meeting with the grievant and other persons involved in the
action(s) complained of or in the denial of services.
ii. The reviewer shall review all pertinent facts and/or documents, and shall determine
whether the agency action was made in accordance with lawful procedures (that is,
consistent with applicable OAA and or State laws, regulations and policies) and
supported by the facts.
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ARTICLE I
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No. 001-JKDI-6777-4980-95285
iii. The designated reviewer shall prepare and send a written response to the grievant and to
the Department's Director within fifteen (15) days after the grievance is filed. The
response shall set forth the circumstances relating to the grievance, the action requested
by the grievant, the findings of the reviewer, a proposed remedial action, if any, and
reason(s) for and facts relied on in the determination.
c. Appeal of Initial Response/Decision
i. The grievant may initiate a request for subsequent review by the Department's Director
within twenty (20) calendar days following receipt of notification by the Program
Administrator of the decision.
ii. The Department's Director shall request copies of the initial file on the complaint in
question. The Department's Director will review the materials to ensure that pertinent
policies and procedures have been applied and followed. If appropriate, the Department's
Director or his/her designee will meet with the older person to allow the grievant an
opportunity to present information about the grievance.
iii. If the policies and procedures have been adhered to, the Department's Director will not
overturn the decision of the Program Administrator. If proper policies and procedures
have not been applied, The Department reserves the right to overturn the decision. The
subseq~uent review shall be completed within forty-five (45) days of receipt of the request
by the older individual and the grievant will be notified in writing of the result of the
subsequent review.
Record Keeping
The department shall keep the records of the grievance and its handling for six years following the
conclusion of the calendar year of the occurrence. The file shall contain, at a minimum, but not limited
to the initial grievance, any investigative reports; any written response submitted by the Department or
the service provider; any documents or other records submitted by any party; the written Initial Response
of the agency, and, if applicable, the notice to the grievant of the right to an appeal.
Confidentiality
No information, documents or other records relating to a grievance shall be disclosed by program staff or
volunteers in a form that identifies the grievant without the written informed consent of the grievant,
unless the disclosure is required by court order or for program monitoring by authorized agencies.
End of Article IA
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ARTICLE I
CSE RR 2013
Law No IFMS No. 00000005707
Community Services for the Elderly- Residential Repair No. 001-JKDJ-6777-4980.95285
Article I!
Definitions
Insurance as its lawful agent for service of
process; or
1. Meanings of Terms
As used herein:
"Audit of Financial Statements" means the examination by
the Comptroller and any Federal or State auditing authority of
the financial statements of the Contractor resulting in thc
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 ail
intended revenue, whether received in the form of fees, grants,
County funding, or any other source, and expenditures necessary to
render the Services.
"Budget Deficiency Plan" means an analysis of the cost of the
Services, changes in fiscal conditions, and required modifications to
the Contract to continue to render the Services.
"Comptroller" means the Comptroller of the County of Suffolk.
"Contract" means all terms and conditions of this Contract forming
all rights and obligations of the Contractor and the County.
"Contractor" means the signatory corporation, its officers, officials,
employees, agents, servants, sub-contractors, and any successor or
assign of any one or more of the foregoing performing the Services.
the Contractor's failure to comply with any
Federal, State or local law, rule, or regulation,
and County policies or directives; or
the Contractor's bankruptcy or insolvency; or
the Contractor's failure to cooperate in an Audit
of Fimmciai 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 government, its departments, and
agencies.
"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.
"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.
"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.
"Event of Default" means
ao
b°
"Management Letter" means a letter certified as true by the
Contractor's certified public accountant or chief financiai 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.
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
"Municipal Corporation" means a town, village, or school district.
"Services" means all that which the Contractor must do, and any part
thereof arising out of, or in connection with, the Contract as
described in Article I "Description of Services."
"State" means the State of New York.
the Contractor's failure to maintain insurance
required by the Contract with an insurer that has
designated the New York Superintendent of
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ARTICLE I
"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)
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which have expired within the past twelve (12) months and have not
been renewed.
"Suffolk County Payment Voucher" means the document
authorized and required by the Comptroller for release of payment.
"Term" means the time period set forth on page one of the Contract
and, if exercised by the County, the option period.
2, Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms, associations,
partnerships (including limited partnerships), trusts, corporations,
and other legal entities, including public bodies, as well as natural
persons, and shall include successors and assigns.
Capitalized terms used, but not otherwise defined, herein, shall have
the meanings assigned to them in the Contract.
End of Text for Article II
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ARTICLE II
CSE RR 2013
Law No IFMS No. 00000005707
Community Services for the Elderly- Residential Repair No. 001-JKDI-6777-4980-95285
Article III
General Terms and Conditions
1. Contractor Responsibilities
a. Duties and Obligations
i.)
It shall be the duty of the Contractor to
discharge, or cause to be discharged, all
of its responsibilities, and to administer
funds received in the interest of the
County in accordance with the
provisions of the Contract.
ii.)
The Contractor shall promptly take all
action as may be necessa~ to render
the Services.
iii.)
The Contractor shall not take any
action that is inconsistent with the
provisions of the Contract.
iv.)
Services provided under this Contract
shall be open to all residents of the
County.
Qualifications, Licenses, and Professional
Standards
i.)
The Contractor represents and warrants
that it has, and shall continuously
possess, during the Term, the required
licensing, education, knowledge,
experience, and character necessary to
qualify it to render the Services.
ii.)
The Contractor shall continuously have
during the Term all required
authorizations, certificates,
certifications, registrations, licenses,
permits, and other approvals required
by Federal, State, County, or local
authorities necessary to qualify it to
render the Services.
c. Notifications
i.)
The Contractor shall immediately
notify the County, in writing, of any
disciplinary proceedings, commenced
or pending, with any authority relating
to a license held by any person
necessary to qualify him, 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
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ARTICLE III
license required to qualify the license
holder or the Contractor to perform the
Services.
iii.)
In the event that the Contractor is not
able to perform the Services due to a
loss of license, the Contractor shall not
be reimbursed for the Services rendered
after the effective date of termination of
such license. Without limiting the
generality of the foregoing, if any part
of the Contract remains to be
performed, and the termination of the
license does not affect the Contractor's
ability to render the Services, every
other term and provision of the
Contract shall be valid and enforceable
to the fullest extent permitted by law.
Documentation of Professional Standards
The Contractor shall maintain on file, in one
location in Suffolk County, all records that
demonstrate that it has complied with sub-
paragraphs (b) and (c) above. The address of the
location of the aforesaid records and documents
shall be provided to the County no later than the
date ofexecntion 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
throe (3) days after such restriction,
suspension, or revocation.
ii.)
The Contractor shall forward to the
Department, or division thereof, as the
case may be, on or before July 1 of
each year during the Term, a complete
list of the names and addresses of all
persons providing the Services, as well
as their respective areas of certification,
credentialing, registration, and
licensing.
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f. Engineering Certificate
In the event that the Contract requires any
Engineering Services, the Contractor shall submit
to the County, no later than the due date for
submission for approval of any engineering work
product, the Certificate of Authorization
("Certificate"), issued pursuant to
§ 7210 of the New York Education Law. The
failure to file, submit, or maintain the Certificate
shall be grounds for rejection of any engineering
work product submitted for approval.
Termination
a. Thirty Days Termination
The County shall have the right to terminate the
Contract without cause, for any reason, at any
time, upon such terms and conditions it deems
appropriate, provided, however, that no such
termination shall be effective unless the
Contractor is given at least thirty (30) days
notice.
b. Event of Default; Termination on Notice
i.)
The County may immediately terminate
the Contract, for cause, upon such
terms and conditions it deems
appropriate, in the Event of Defanlt.
If the Contractor defaults under any
other provision of the Contract, the
County may terminate the Contract, on
not less than five (5) days notice, upon
such terms and conditions it deems
appropriate.
c. Termination Notice
Any notice providing for termination shall be
delivered as provided for in paragraph 25 of this
Article III.
d. Duties upon Termination
i.)
The Contractor shall discontinue the
Services as directed in the termination
notice.
ii.)
Subject to any defenses available to it,
the County shall pay the Contractor for
the Services rendered through the date
of termination.
iii.)
The County is released from any and all
liability under the Contract, effective as
of the date of the termination notice.
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ARTICLE III
iv.)
Upon termination, the Contractor shall
reimburse the County the balance of
any funds advanced to the Contractor
by the County no later than thirty (30)
days after termination of the Contract.
The provisions of this subparagraph
shall survive the expiration or
termination of the Contract.
v.)
Nothing contained in this paragraph
shall be construed as a limitation on the
County's rights set forth in paragraphs
l(c) (iii) and 8 of this Article Ill.
Indemnification and Defense
The Contractor shall protect, indemnify, and hold
harmless the County, its agents, servants,
officials, and employees from and against all
liabilities, fines, penalties, actions, damages,
claims, demands, judgments, losses, suits or
actions, costs, and expenses caused by the
negligence or any acts or omissions of the
Contractor, including reimbursement of the cost
of reasonable attorneys~ fees incurred by the
County, its agents, servants, officials, and
employees in any action or proceeding arising out
of, or in connection with, the Contract.
The Contractor hereby represents and warrants
that it will not infringe upon any copyright in
performing the Services. The Contractor agrees
that it shall protect, indemnify, and hold harmless
the County, its agents, servants, officials, and
employees from and against all liabilities, fines,
penalties, actions, damages, claims, demands,
judgments, losses, suits or actions, costs, and
expenses arising out of any claim asserted for
infringement of copyright, including
reimbursement of the cost of reasonable
attorneys' fees incurred by the County, its agents,
servants, officials, and employees in any action or
proceeding arising out of or in connection with
any claim asserted for infringement of copyright.
The 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 defend any such proceeding or action and
require the Contractor to pay reasonable
attorneys' fees or salary costs of County
employees of the Department of Law for the
defense of any such suit.
The Contractor shall continuously maintain,
during the Term of the Contract, insurance in
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amounts and types as follows:
i.)
Commercial General Liability
insurance, including contractual
liability coverage, in an amount not
less than Two Million Dollars
($2,000,000.00) per occurrence for
bodily injury and Two Million Dollars
($2,000,000.00) per occurrence for
property damage. The County shall be
named an additional insured.
ii.)
Automobile Liability insurance (if any
non-owned or owned vehicles are used
by the Contractor in the performance of
the Contract) in an amount not less
than Five Hundred Thousand Dollars
($500,000.00) per person, per accident,
for bodily injury and not less than One
Hundred Thousand Dollars
($100,000.00) for property damage per
iii.)
Workers' Compensation and
Employer's Liability insurance in
compliance with all applicable New
York State laws and regulations and
Disability Benefits insurance, if
required by law. The Contractor shall
furnish to the County, prior to its
execution of the Contract, the
documentation required by the State of
New York Workers' Compensation
Board of coverage or exemption from
coverage pursuant to §§57 and 220 of
the Workers' Compensation Law. In
accordance with General Municipal
Law §108, the Contract shall be void
and of no effect unless the Contractor
shall provide and maintain coverage
during the Term for the benefit 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).
All policies providing such coverage shall be
issued by insurance companies authorized to do
business in New York with an A.M. Best rating
orA- or better.
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ARTICLE III
IFMS No. 00000005707
No. 001-JKDI-6777-4980-95285
The Contractor shall furnish to the County, prior
to the execution of the Contract, declaration
pages for each policy of insurance, other than a
policy for commercial general liability insurance,
and upon demand, a true and certified original
copy of each such policy evidencing compliance
with the aforesaid insurance requirements.
In the case of commercial general liability
insurance 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.
f.
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-insurer for any of such required
coverage, the Contractor shall provide proof,
acceptable to the County, of self-funded
coverage.
Independent Contractor
The Contractor is not, and shall never be, considered an
employee of the County for any purpose. Notwithstanding
anything 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
circumstance, shall be held invalid or unenforceable to any
extent, thc 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,
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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.
Set-Off Rights
The County shall have all of its common law, equitable,
and statutory rights of set-off. These rights shall include,
but not be limited to, the County's option to withhold from
a Fund Source an amount no greater than any sum due and
owing to the County for any reason. The County shall
exercise its set-offrights subject to approval by the County
Attorney. In cases of set-off pursuant to a Comptroller's
audit, the County shall only exercise such right after the
finalization thereof, and only after consultation with the
County Attorney.
10.
Non-Discrimination in Services
The Contractor shall not, on the grounds of race,
creed, color, national origin, sex, age, disability,
sexual orientation, military status, or marital
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
iii.) subject an individual to segregation or
to the individual's receipt of the
Services provided pursuant to the
iv.) restrict an individual in any way from
any advantage or privilege enjoyed by
others receiving the Services provided
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
methods of administration which have the effect
of subjecting individuals to discrimination
origin, sex, age, disability, sexual orientation,
11.
12.
13.
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ARTICLE III
IFMS No. 00000005707
No. 001-JKDI-6777-4980-95285
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 enfume 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 engaged in acts that
create a substantial conflict between its obligations under
the Contract and its private interests. The Contractor is
charged with the duty to disclose to the County the
existence of any such adverse interests, whether existing or
potential. This duty shall continue as long as the Term.
The determination as to whether or when a conflict may
potentially exist shall ultimately be made by the County
Attomey after full disclosure is obtained.
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Law No IFMS No. 00000005707
Community Services for the Elderly- Residential Repair No. 001-JKDt-6777-4980-95285
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 be brought against the
other party, its employees or designated representatives
arising out of, or in connection with, the Contract.
15. Confidentiality
Any document of the County, or any document created by
the Contractor and used in rendering the Services, shall
remain the property of the County and shall be kept
confidential in accordance with applicable laws, rules, and
regulations.
16. Assignment and Subcontracting
The Contractor shall not 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 writ'ten 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
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
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ARTICLE III
dissolution of the partnership 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 gift, 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 after 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
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
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not been convicted of a criminal offense as
described under Article II of Chapter 189 of the
Suffolk County Code. The County shall grant or
deny its consent to any request ora Permitted
Transfer within twenty (20) days after delivery to
the County of the Transfer Notice, in accordance
with the provisions of Paragraph 25 of Article
III of the Contract. If the County shall not give
written notice to the Contractor denying its
consent to such Permitted Transfer (and setting
forth the basis for such denial in reasonable
detail) within such twenty (20)-day period, then
the County shall be deemed to have granted its
consent to such Permitted Transfer.
e. Notwithstanding the County's consent,
i.)
ii.)
the terms and conditions of the
Contract shall in no way be deemed to
have been waived or modified; and
such consent shall not be deemed
consent to any further transfers.
22.
18. No Intended Third Party Beneficiaries
The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed
a beneficiary of the Contract and no third party shall have
the right to make any claim or assert any right under the
Contract.
23.
19. Certification as to Relationships
20.
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, commemial, economic, or
financial relationship with the County or its elected
offialals. 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
mere of the Contractor, and the County.
Publications
24.
Any book, article, report, or other publication related to the
Services provided pursuant to this Contract shall contain
the following statement in clear and legible print:
"This publication is fully or partially funded
by the County of Suffolk."
21.
Copyrights and Patents
a. Copyrights
If the work of the Contractor should result in the
production of original books, manuals, films, or
other materials for which a copyright may be
granted, the Contractor may secure copyright
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ARTICLE III
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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 the County as surety.
Lawful Hiring of Employees Law in Connection
with Contracts for Construction or Future
Construction
In the event that the Contract is subject to the Lawful
Hiring of Employees Law of the County of Suffolk, Suffolk
County Code Article II of Chapter 353, as more fully set
forth in the Article entitled "Suffolk County Legislative
Requirements," the Contractor shall maintain the
documentation mandated to be kept by this law on the
construction site at all times. Employee sign-in sheets and
register/log books shall be kept on the construction site at
all times and all covered employees, as defined in the law,
shall be required to sign such sign-in sheets/register/log
books to indicate their presence on the construction site
during such working hours.
Record Retention
The Contractor shall retain all accounts, books, records,
and other documents relevant to the Contract for seven (7)
years aRer final payment is made by the County. Federal,
State, and/or County auditors and any persons duly
authorized by the County shall have full access and the
right to examine any of said materials during said period.
Such access is granted notwithstanding any exemption
fi.om 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 (I0) years because the statute of limitations for the New
York False Claims Act (New York False Claims Act § 192)
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is ten (i0) 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.
End of Text for Article III
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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 fi.om the requirements of section A5-7 of Article V
&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 31st day of January in each year of the
Contract's duration. The Contractor acknowledges that
such filing is a material, contractual and statutory duty and
that the failure to file such statement shall constitute a
material breach of the Contract, for which the County shall
be entitled, upon a determination that such breach has
occurred, to damages, in addition to all other legal
remedies, of fifteen 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 cimumstances,
to terminate the Contract and to seek other remedies as set
forth therein, for violations of this Law.
Required Forms:
Suffolk County Living Wage Form LW-I; entitled "Suffolk
County Department of Labor - Living Wage Unit Notice of
Application for County Compensation (Contract)."
Suffolk County Living Wage Form LW-38; entitled
"Suffolk County Department of Labor - Living Wage Unit
Living Wage Certification/Declaration - Subject To
Audit."
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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 f~nds 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 supervisom 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.
lfthe 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 of Chapter 803, the County shall have
the authority, under appropriate cimumstances, to terminate
the Contract and to seek other remedies as set forth therein,
for violations of this Law.
Required Form:
Suffolk County Labor Law Form DOL-LO1; entitled
"Suffolk County Department of Labor- Labor Mediation
Unit Union Organizing Certification/Declaration - Subject
to Audit."
Lawful Hiring of Employees Law
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
II of Chapter 353 of the Suffolk County Code.
This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk. It provides that all covered
employers, (as defined), and the owners thereof, as the case
may be, that are recipients of compensation fi.om the
County through any grant, loan, subsidy, funding,
appropriation, payment, tax incentive, contract,
subcontract, license agreement, lease or other financial
compensation agreement issued by the County or an
awarding agency, where such compensation is one hundred
percent (100%) funded by the County, shall submit a
completed sworn affidavit (under penalty of perjury), the
form of which is attached, certifying that they have
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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 thc 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 repmsantative 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 I of each year for the duration of any contract
and upon the renewal or amendment of the Contract, and
whenever a new contractor or subcontractor is hired under
the terms of the Contract.
The Contractor acknowledges that such filings are a
material, contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach
of the Contract.
Under the provisions of the Lawful Hiring of Employees
Law, the County shall have the authority to terminate the
Contract for violations of this Law and to seek other
remedies available under the law.
The documentation mandated to be kept by this law shall at
all times be kept on site. Employee sign-in sheets and
register/log books shall be kept on site at all times during
working hours and all covered employees, as defined in the
law, shall be required to sign such sign-in
sheets/register/log books to indicate their presence on the
site during such working hours.
Required Forms:
Suffolk County Lawful Hiring of Employees Law Form
LHE-t; entitled "Suffolk County Department of Labor -
Notice Of Application To Certify Compliance With Federal
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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.
Thc 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 eecuring an agreement or
securing favorable treatment with respect to the awarding
or amending of an agreement or the making of any
determinations with respect to the performance of an
agreement.
Prohibition Against Contracting with Corporations
that Reincorporate Overseas
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of sections
A4-13 and A4-14 of 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 hereafl, er or
of any other Suffolk County Local Law that may become
applicable during the term of the Contract with regard to
child sexual abuse reporting policy.
Non Responsible Bidder
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
II of Chapter 189 of the Suffolk County Code.
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10.
11.
12.
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 alter a trial or a plea of guilty to an offense
covered under section I89-5 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
III of Chapter 893 of the Suffolk County Code.
The Contractor shall not use any of the moneys, in part or
in whole, and either directly or indirectly, received under
the Contract in connection with the prosecution of any civil
action against the County in any.~urisdiction or any judicial
or administrative forum.
Youth Sports
It shall be the duty of the Contractor to mad, become
familiar with, and comply with Article Ill 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.
Such plan or policy must be submitted prior to the award of
a County contract, grant or funding. Receipt 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% locations in the
County at which the Services are provided shall be a work
site for public-assistance clients of Suffolk County pursuant
to Chapter 281 of the Suffolk County Code at all times
during the Term of the Contract: If no Memorandum of
Understanding CMOU") with the Suffolk County
Department of Labor for work experience is in effect at the
beginning of the Term of the Contract, the Contractor, if it
is a not-for-profit or governmental agency or institution,
shall enter into such MOU as soon as possible after the
execution of the Contract and failure to enter into or to
perform in accordance with such MOU shall be deemed to
be a failure to perform in accordance with the Contract, for
which the County may withhold payment, terminate the
Contract or exemise such other remedies as may be
appropriate in the circumstances.
Suffolk County Local Laws Website Address
IFMS No. 00000005707
No. 001-JKD1-6777-4980-95285
Suffolk County Local Laws, Rules and Regulations
can be accessed on the homepage of the Suffolk
County Legislature.
End of Text for Article IV
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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
thc Contractor for the Services, the Contractor
shall prepare and present a Suffolk County
Payment Voucher, which shall be documented by
sufficient, competent and evidential matter. Each
Suffolk County Payment Voucher submitted for
payment is subject to Audit at any time during
the Term or any extension thereof. This
prevision shall survive expiration or termination
of this Contract for a period of not less than
seven (7) years, and access to records shall be as
set forth in paragraph 24 of Article Ilk and
paragraph 4(b) of Article V.
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 after the
31 st day of January following the end of each year
of the Contract, the Contractor shall furnish the
County with detailed documentation in support
of the payment for the Services or expenditures
under the Contract e.g. dates of the Service,
worksite locations, activities, hours worked, pay
rates and 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 atrendance 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
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ARTICLE V
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County Department of Audit and Control, shall
be furnished to the County pursuant to, and as
limited by, the Regulations for Accounting
Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
addition to any other remedies that the County
may have, failure to supply the required
documentation will disqualify the Contractor
from any further County contracts.
Payment by County
Payment by the County shall be made within
thirty (30) days after appreval 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 preposed 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
retom a copy to the Contractor. The
revision shall not be effective until the
Budget Modification is completely
executed.
iv.)
The Budget Modification form may be
submitted only twice per calendar year
and may only be submitted prior to
November 15t~ of that year.
Budget and/or Services Revisions
i.)
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.
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ii.)
iii.)
f. Taxes
When the County and the Contractor
agree as to such revisions, the
Contractor shall execute the
BudgetYServices Revisions form. The
Contractor shall return it to the County.
Upon complete execution of the form
by the patties, the County shall retum a
copy to the Contractor. The revision
shall not be effective until the Budget
/Services Revisions is completely
executed.
deemed incorporated in and made a part of the
Contract, and the Contractor shall implement
those terms and conditions in no less than
fourteen (14) days.
Personnel Salaries, Pension and Employee Benefit
Plans, Rules and Procedures
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;
The charges payable to the Contractor under the
Contract are exclusive of federal, state, and local
taxes, the County being a municipality exempt
from pay~nent of such taxes.
ii.)
iii.)
personnel rules and procedures;
pension plan and any other employee
benefit plans or arrangements.
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 ali claims
by the Contractor through the date of the
Voucher.
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
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ARTICLE V
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 oflen as, in their
judgment, such inspection is deemed necessary.
Such right of inspection and audit as set forth in
subparagraph b. below shall exist during the
Term and for a period of seven (7) years after
expiration or termination of the Contract.
The Contractor shall retain all accounts, books,
records, and other documents relevant to the
Contract for seven (7) years after final payment is
made by the County. Federal, State, and/or
County auditors and any persons duly authorized
by the County shall have full access and the right
to examine any of said materials during said
period. Such access is granted notwithstanding
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any exemption from disclosure that may be
claimed for those records which are subject to
nondisclosure agreements, trade secrets and
commercial information or financiaI information
that is privileged or confidential.
The Contractor shall utilize the accrual basis of
accounting and will submit ail 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
at, er the issuance of an official audit report by the
Comptroller or his duly designated
representatives, the Contractor shall repay the
amount of such overpayment by check to the
order of the Suffolk County Treasurer or shall
submit a proposed plan of repayment to the
Comptroller. If there is no response, or if
satisfactory repayments are not made, the County
may recoup overpayments from any amounts due
or becoming due to the Contractor from the
County under the Contract or otherwise.
The provisions of this paragraph shall survive the
expiration or termination of the Contract for a
period of seven (7) years, and access to records
shail be as set forth in paragraph 24 of Article III,
and paragraph 4(b) of Article V.
6. Financial Statements and Audit Requirements
Notwithstanding any other reporting or
certification requirements of Federai, 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, three
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 overail
financiai condition and operations of the
Contractor, including a balance sheet and
statement of income and expenses, attested by the
Auditor as fairly and accurately reflecting the
accounting records of the Contractor in
accordance with generally accepted accounting
principles. The Contractor may solicit requests
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ARTICLE V
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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 Department;
ii.) sufficient auditing experience
in the not-for-profit,
governmental or profit-
making areas, as applicable;
and
iii.) a satisfactory peer review
issued within not more than
three (3) years prior to the
date when the Auditor was
selected to conduct the audit.
The audit must be conducted in accordance with
generaily accepted governmental auditing
standards. Financiai 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 aiso 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 Fedarai awarding agencies, or as a
subrecipient expending Federal awards received
from a pass-through entity, such as New York
State or Suffolk County, during any fiscal year
within which it receives funding under the
Contract, the audit must be conducted, and the
audit report ("Single Audit Report") must be, in
accordance with OMB Circular No. A-133
(revised June 27, 2003). Single Audit Reports
must also be submitted to the designated
clearinghouse, cognizant agency and/or pass-
through entity, to the extent required by the OMB
Circular referred to above.
The Contractor must submit to the County a
statement in writing, certified by its chief
financial officer, which states the amount of
Federal funding expended by the Contractor
during such fiscal year. The Contractor must
mail or deliver the certified statement to the
Department and to the Executive Director of
Auditing Services, Suffolk County Department of
Audit and Control, H. Lee Dennison Building,
100 Veterans Memorial Highway, P. O. Box
6100, Hauppauge, New York 11788-0099, as
CSE RR 2013
Law No
Community Services for the Elderly- Residential Repair
f.
soon as possible after the end of the Contractor's
fiscal year. The statement must include all
Federal fi~nding received directly from the
Federal government and all Federal funds passed
through from the County and other pass-through
entities.
Copies of all financial statements, Management
Letters, Single Audit Reports and other audit
reports must be transmitted to 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 after the end of the Contractor's fiscal
year, to which the audit reIates.
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 offue Contract.
7. Furniture, Fixtures, Equipment, Materials, Supplies
Purchases, Rentals or Leases Requiring Prior
Approval
Prior to placing any order to purchase, rent or
lease any furniture, fixtures, or equipment valued
in excess of one thousand dollars ($1,000.00) per
unit for which the Contractor will seek
reimbursement from the County, the Contractor
shall submit to the County a written request for
approval to make such a proposed purchase,
rental or lease, with a list showing the quantity
and description of each item, its intended
location and use, estimated unit price or cost, and
estimated total cost of the proposed order.
Written approval of the County shall be required
before the Contractor may proceed with such
proposed purchase, rental or lease of furniture,
fixtures or equipment. All items purchased must
be new or like new unless specifically described
otherwise in the Budget.
Purchase Practices/Proprietary Interest of
County
i.)
The Contractor shall follow the general
practices that are designed to obtain
furniture, fixtures, equipment,
materials, or supplies at the most
reasonable price or cost possible.
ii.)
The County reserves the right to
purchase or obtain f~rniture, fixtures,
equipment, materials, or supplies for
30 of 35 pages
ARTICLE V
IFMS No. 00000005707
No. 001-JKDI-67774980-95285
the Contractor in accordance with the
programmatic needs of the Contract. If
the County exercises 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
purchased or otherwise obtained by the
County for the programs encompassed
by the Contract and entrusted to the
Contractor, shall remain in the County.
iii.)
The County shall retain a proprietary
interest in all furniture, removable
fixtures, equipment, materials, and
supplies purchased or obtained by the
Contractor and paid for or reimbursed
to the Contractor pursuant to the terms
of the Contract or any prior agreement
between the parties.
iv.)
The Contractor shall attach labels
indicating the County's proprietary
interest or title in all such property.
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 judgmant against it within thiay (30)
days of filing of the judgment, the County shall
have the right to take title to and possession of all
furniture, removable fixtures, equipment,
materials, and supplies and the same shall
thereupon become the property of the County
without any claim for reimbursement on the part
of the Contractor.
Inventory Records, Controls and Reports
The Contractor shall maintain proper and
accurate inventory records and controls for all
such furniture, removable fixtures and equipment
acquired pursuant to the Contract and all prior
agreements between the parties, if any. Three (3)
months before the expiration date of the Contract,
the Contractor shall make a physical count of all
items of furniture, removable fixtures and
equipment in its custody, checking each item
against the aforesaid inventory records. A report
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
CSE RR 20"13
Law No
Community Services for the Elderly- Residential Repair
IFMS No. 00000005707
No. 001-JKD1-6777-4980-95285
the date set for the aforesaid physical count.
Within five (5) days after the termination or 9.
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 neceasary, to include any inventory
changes during the last throe (3) months of the
Term. 10.
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 at~ach a then
current Statement of Other Contracts.
Miscellaneous Fiscal Terms and Conditions
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,
theR, disappearance, vandalism, or misuse. In the
event of burglary, theft, vandalism, or
disappearance of any item of furniture, fixtures,
equipment, material or supplies, the Contractor
shall immediately notify the police and make a
record thereof, including a record of the results of
any investigation which may be made thereon. In
the event of 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 property was received by the
Contractor, reasonable wear and tear excepted.
Any disposition, settlements or adjustments
connected with such property shall be in
accordance with the rules and regulations of the
County and the State of New York.
Lease or Rental Agreements
If lease payments or rental costs are included in the Budget
as an item of expense reimbursable by the County, the
Contractor shall promptly submit to the County, upon
request, anylease or rantal agreement. Ifduringthe 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.
31 of 35 pages
ARTICLE V
Limit of County's Obligations
The maximum amount to be paid by the County
is set forth on the first page of the Contract.
Duplicate Payment from Other Sources
Payment by the County for the Services shall not
duplicate payment received by the Contractor
from any other source.
c. Funding Identification
The Contractor shall promptly submit to the
County upon request, a schedule for all programs
funded by the County, itemizing for each such
program the sums received, their source and the
total program budget.
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.)
iii.)
iv.)
The County is not the Fund Source for
the additional services;
Sufficient funding is available for or
can be generated by the Contractor to
cover the cost incurred by the
Contractor to provide these additional
services; and
If sufficient funding is not available or
cannot be generated, the County shall
not be held liable for any of the
additional costs incurred by the
Contractor in furnishing such
additional services.
Prior to scheduling any such additional
services on County-owned property,
the Contractor shall obtain written
CSE RR 20'13
Law No
Community Services for the Elderly- Residential Repair
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 ali potential funding
from grants and contracts with other agencies for
programs funded by the County.
f.
Payments Contingent upon State/Federal
Funding
Payments under thc 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. Iflatu submission
of claims precludes the County from claiming
State or Federal reimbursement, such late claims
by the Contractor shall not be paid by the County
subject to subparagraph g. below, if, for any
reason, the full amount of such funding is not
made available to the County, the Contract may
be terminated in whole or in part, or the amount
payable to the Contractor may be reduced at the
discretion of the County, provided that any such
termination or reduction shall not apply to
allowable costs incurred by the Contractor prior
to such termination or reduction, and provided
that money has been appropriated for payment of
such costs.
g. Denial of Aid
Ifa State or Federal government agency is
funding the Contract and fails to approve aid in
reimbursement to the County for payments made
hereunder by the County to the Contractor for
expenditures made during the Term because of
any act, omission or negligence on the part of the
Contractor, then the County may deduct and
withhold from any payment due to the Contractor
an amount equal to the reimbursement denied by
the state or federal govemmant agency, and the
County's obligation to the Contractor shall be
reduced by any such amounts. In such an event,
if there should be a balance due to the County
after it has made a final payment to the
Contractor under the Contract, on demand by the
County, the Contractor shall reimburse the
County for the amount of the balance due the
County, payable to the Suffolk County Treasurer.
32 of 35 pages
ARTICLE V
IFMS No. 00000005707
No. 00%JKDI-6777-4980-95285
The provisions of this subparagraph shall survive
the expiration or termination of the Contract.
Budget
The Contractor expressly represents and agrees
that the Budget lists ail revenue, expenditures,
personnel, personnel costs and/or all other
relevant costs necessary to provide the Services.
Payment of Claims
Upon receipt of a Suffolk County Payment
Voucher, the County, at its discretion, may pay
the Contractor during the Term, in advance, an
amount not to exceed one sixth (1/6) of the
maximum amount to be paid by the County set
forth on the first page of the Contract.
Payments Limited to Actual Net Expenditures
The 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.
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. 14-2007.
CSE RR 2013
Law No IFMS No. 00000005707
Community Services for the Elderly- Residential Repair No. 001-JKDI-6777-4980-95285
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 thc 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 thereaRer 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 replacement clerical shall be a
Contractor determination.
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.
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.
End of Article ¥
33 of 35 pages
ARTICLE V
CSE RR 20'13
Law No IFMS No. 00000005707
Community Services for the Elderly- Residential Repair No. 001-JKDI-6777-4980-95285
Appendix I
Rate Page
Town of Southold
April 1, 2013 - March 31, 2014
PERSONNEL
Mechanic I
FRINGE
OTHER
Gas & Oil
Supplies/Small tools
TOTAL
Less Anticipated Income
NET REIMBURSEMENT
$18~000.00
18,000.00
1~580.00
1800.00
1,500.00
300.00
21380.00
(2,000.00)
$19.380.00
34 of 35 pages
CSE RR 2013
Law No IFMS No. 00000005707
Community Services for the Elderly- Residential Repair No. 001-JKDI-6777-4980-95285
Exhibits
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Public Disclosure not applicable
Living Wage
Union Certification
Lawful Hiring
Certification Regarding Lobbying
Legislative Designated Funding Applications
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
35 of 35 pages
CSE RR 2013
~UVV~L~ L~JU±N t I 1)I~I'AKIIVlE~N I L~I~' LAB;JR~ LIUEIN~IING
CONSUMER AFFAIRS - LOCAL LA W COMPLIANCE UNIT
NOTICE OF APPLICABILITY
OF LIFING WAGE LAW
Living Wage Law, Suffolk County Code, Chapter 575 (2001)
To Be Completed By The Local Law Compliance Unit
DATE: February 27, 2013
TO: Ellen D. Frankino, S.C. Office of the Aging
FROM: Brenda/~enberg, Director
TELEPHONE ti: 631-853-8308
VENDOR #: 11-6001939
REF: CSE Residential Repair
You are hereby notified that the response from Town of Southold has been evaluated by the Local Law
Compliance Unit of the Suffolk County Department of Labor, Licensing & Consumer Affairs.
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 #t2-2001).
Employers who fail to submit documents or information required to demonstrate compliance w/th 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 575-5 A & B).
LW-13
Revised 02/13
Suffolk County, New York
Dcp~rtmeat of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT
If the following definition of ,County Contractor" (Union Organizing Law Chapter 466-2) applies to the
contractor'sgoeneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I,
III, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, III and IV
below. Completed forms must be submitted to the awarding agency.
Court y Contractor: Any employer that rote:yes more than $50,000 in County funds for supplying goods or services pursuant to a
written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with
an~, of the above."
Section I
Check if
Applicable
Section II
Check if
The Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk
County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as to the goods and/or
services that are the subject of the contract with the County of Suffolk shall not use County funds to assist, promote,
or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist,
promote, or deter union organizing. (Chapter 466-3 B)
I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter
union organizing. (Chapter 466-3 I0
I/we further agree that I/we will not use County property to hold meetings to assist, promote, or
deter union organizing. (Chapter 466~3E)
I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made,
I/we shall maintain records suffioient to show that no County funds were used for those expenditures and, as
applicable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records
shall be made available to the pertinent County agency or authority, the County Comptroller, or the County
Department of Law upon request. (Chapter 466-3 I)
I/we further affirm to the following as to the goods and/ur services that are the subject of the eentract with the
County of Suffolk:
· I/we will not express to employees any false or misleading information that is intended to influence the
determination of employee preferences regarding union representation;
· I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
· 1/we will not require an employee, individually or in a group, to attend a meeting or an event that is intended to
influence his or her decision in selecting or not selecting a bargaining representative;
· I/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the
adoption of nonconfrontational procedures for the resolution of prereeognition labor disputes with employees
engaged in the production of goods or the rendering of services for the County; and
· I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure
the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said
procedures in such ce~fication.
The Union Organizing Law does not apply to this contract for the following reason(s):
Applicable
DOL-LOI (3/5/08)
Suffolk County, New York
Del~artment of Labor
Section III
Contractor Name:
Contractor Address:
Town of Southold
53095 Main Road, P.O. Box 1179
Southold, NY 11971
FederalEmployer ID#: 11-6001939
Amount of Assistance: $ 19,380.
Vendor #:
Contractor Phone #: Senior Services Contact: Karen McLaughlin, Director 631 298-4460
Descriptionofprojectorservlce: CSE Residential Repair
Community Services for the Elderly - Residential Repair Program £or the Elderly
Section IV
In the event any par~ of thc Union Org~izing Law, Chapter 466 of the Laws of Suffolk County, is found by a ¢om~ of competent
jurisdiction to be preempted by federal and/or state law. this certification/declaration shall be void ab initio.
Section V
I declare under.p, ee~alty of perjury under the Laws of the State of New York that thc undersigned is authorized to provide this
certification, ara(at the above is truc and correct.
Authorize~ Signature Date ~ !
Scott A. Russell~ Southold Town Supervisor
Print Name and Title of Authorized Representative
DOL-LOI (3/5/08)
NOTICE OF APPLICATION~) ~ERTIFY ~-~I~q~E-WI~I~-ERAL LA~- ....
(8 U.S.C. SECTION 1324A)
WITH RESPECT TO LA WFU£ HIRING OF EMPLOYEES
VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES
Suffolk County Code, Chapter 234 (2006)
To Be Completed By the Local Law Compliance Unit
DATE: February 19~2013
TO: Ellen D. Frankino~ S. C. Office of the Aging
.
FROM: Brenda R~,~l~erg~ Director
TELEPHONE# 631 853-3808
EMPLOYER: Town of Southold
VENDOR #: 11-6001939
REF. #: CSE Residential Repair
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 certifies, to the best of his or her knowledge and belief, that:
(1) No State or Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any perSOn for influencing or attempting to influence
legislation or appropriation actions pending before local, State and Federal executive
and/or legislative bodies in connection with the awarding of any contract, the making of
any grant, the making of any loan, the entering of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any contract, grant
loan, or cooperative agreement.
(2) If any funds other than State or Federal appropriated funds have been paid or will
be paid to any parson for influencing or attempting to influence legislation or
appropriation actions pending before local, State and Federal executive and/or
legislative bodies in connection with this contract, grant, loan or cooperative agreement,
the undersigned shall complete and submit Standard Form LLL, "Disctosure Form to
Report Lobbying', in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for'all subawards at all tiers (including subcontracts, aubgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subreclpients shall~certlfy and disclose accordingly.
This certification is a material representstion of tact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Failure to file the required certification shall be subject to civil penalty by
the Federal government of not less than $10,000 and not more than $100,000 for each
such failure. .
Signature of Official Authorized
To Sign Application
Date:
For:
Town of Southold
Name of Grantee
Certlfi;~ion Reg.~ling ~/ing 08
COUNTY OF SUFFOLK
OFFICE OF BUDGET AND MANAGEMENT
CONTRACT BUDGET MODIFICATION REQUEST
The program budget contained in the Agreement of
between the
COUNTY OF SUFFOLK and
Pro~r;.m Name
is hereby amended as follows:
Contract 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 Rhocles-Teague
Title: T'~e: Director
Date: Dept: AGING
Agency: Date:
FOR THE COUNTY OF SUFFOLK
APPROVED BY:
DATE:
BUDGET DIRECTOR
NOTE.' This form is not to be used to affect any net increase in the 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 pedod:
Revising
Copies of supporting documentation are attached as follows (check all that apply):
Resolution Budget Other
Approvals:
Department:
By:
Name:
Title:
Date:
Fiscal Unit:
By:
Name:
Title:
Date:
Division:
By:
Name:
Title:
Date:
Contractor:
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
OF~CE O!~ Tl~ COUNTY ~'m~
Da2: 0~/05
Nmb~. A-07
Amendment I
Ap~v~d by:
TRAVEL. CONI~R~NC~. ~ND ~zZTtNfi ATI'ENI}A~
THIS SOP SUPERSEDES THE SHEETS ~N THE SOP
MANUAL THAT I$ IDENTIFIED AS "SOP A-07"
DATED 4/2/97. HOLDERS OF THE SOP MANUAL
SHOULD REMOVE AND DISCARD THE CITED
SHEETS AND REPLACE THEM WITH THIS
DOCUMENT.
1. ~n~me: This SOP details how employees can obtain approval for ~onf~nce
attendance, travel out of Suffolk County during wunty time for conferences or
seminars, and government related meetings with an overnight stay.
2. 8eope: This SOP applies to all Coun~ Employees in all county departments,
offices, or agencies.
3. ~: This procedure amends the previous version dated 3/22/04. The
new procedure will require the booking of hotel accommodations, rental cars,
ai~lane uavel, and AMTRAK be handled through a designated Uavel aggnoy.
(I) A Conference is defined as a large group of people assembling together to
discuss a wide range of I~ics. The Aunual New York State Association of
Counties Confereme is an example of a confe~oce.
(2) A M~in~ is defined as a one day, regularly scheduled or impromptu,
gathering of people for a specific purpose. A meeting of the Legislative
Subcommittee of the New York State Association of Counties is an example
ora meeting.
(3) A Sem~ is defined as a group of people assembling for education or
lralning related to performance ora one's.}ob duties as a county employee.
.5. Procedure:
1) No more than two (2) persons from a dapartment will be permitted to at,nd a
conference, meeting, or seminar. Certain exceptions will be gumlml if a
conference, meeting or seminar has programs with conflicting hours, ifit requires
more than one person to attend, or if ]~ waffant more
attendees (e.g~ mandated ~ining).
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 confmulces,
meetings, and seminars in these locations. Reimburanmant for meals shall be
limited to those instances in which it is required by binding i~gal obligation.
3) An application for confcrence attendance, and travcl, Executive Form 10, must be
submitted so timt it arrives at die County Executive's Budget Office at least two
weeks prior to the conference date. If an emergency need to attend a conference
arisus, the f~,,, should be fnxed to the Daputy County Executive for Finance and
Management for approval. Any applications submitted less than two (2) weeks
emergency caused by an unforeseen event beyond the control of the applicant has
caused the delay in filing the application.
In no circumstances should an employee attend a conference before the
conference form has been approved. There will be no reimbursement for
conformce attendance forms submitted after the date of the co~femK:C for
individunls who attended conferences prior to receiving an approved Conference
Atm~lance Form and n personal day or vacation day will have to be charged by
such employee in the absence of such approval.
4) All travel needing hotel accommodations, airline travel, car rental, and AMTRAK
shall be arranged through a desigu*_*_~ ~ravel agency.
5) Supporting information such as brochures, program descriptions, itineraries,
documentation, fees, rationale, application, etc., must be submit~d with
Executive Form # 10.
6) The Rules and Regulations guven~ing travel orders and accounts, promulgated by
the county Deparune~ of Audit and Control, must be followed in Wepering
Executive Form #10.
7) Thc box indicating "Total Cost of this Confor*mce' and the section at the bottom
indicating "Travel Cost" and "Total Cost" should be filled in on all copies.
All applications for conference attendance will be returned to the respective department,
office or agency if any of the above procedures have not been adhered to.
COUNTY OF SUFFOLK
SteVe Levy
SUFFOLK COUNTY EXgCUTiVE
EXECUTIVE ORDER NO. 4-2004
TO:
FROM:
RE:
All Department Heads
Hon. Steve Levy, 8uffotk county Executive
Travel Vouchers
Pursua. nt.lo Section .3-2 of the SUFFOLK COUNTY CH.ARTI~_R, please be edviead ~h~t any
mquem mr.R~xovm or p~,/rnent for travel under Sections 2-16 taxi 3-2 of the SUFFOLK
COUNTY ADMINISTRATIVE CODE sh~ll not be R~oroved by the County Executive unless
it .eac~res. the approval of the Chief .Deputy County Executive ~nd Deputy Coun~
All requests for such epprovals s~ be filed with the Chief Depuly County Executive.
County Executive of Suffolk ~'~'~
cc: Hemy L. Barton, Jr., Clerk of the Legislature
E O-t ravel-vouchers-4-2004
L;U ul'~r[,~ ul~
OFFIC~ OF Tl~ COUNTY EXECUTIVE
EXECUTIVE ORDER NO. 1-200~ AMENDIN~I EXECUTIVE ORDER NO. 4-2004
TO:
FROM:
RE:
All Department Heads
Steve Levy, County Executive of Suffolk County
Travel Vouchers - Update
Please be advised that Executive Order No. 4-2004, Travel VoUchers., is hereby amended
to mad as follows:
pUrsuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be
advised that any requests for approval or payment for travel under Sections
2-16 and 3-2 of the SUFFOLK COUNTY ADMINISTRATIVE CODE shall not
be approved by the County Executive unless'It secures the approval of:
1.1 Paul Sabatino II, [the] Chief Deputy County Executive; and
2.) [Deputy County Executive for Finance and Management]
Jeffrey $_~_-_ho_~ De~nu_ty 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
] 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 Sabatino I1, Esq., Chief Deputy County Executive
Frederick B~ Poliert, Deputy County Exeoutive for Rnance and
Management
Jeffrey Szabo Deputy County Executive and Chief of Staff
Jeanlne Dillon, Assistant Deputy county Executive
Adam Santiago, County Exe¢utlve Assbtant, Intergovemmantal Relations Division
Amy Engel, county Executive Assistant
Executive's Technology Unit
EO-1.2005.Travet-Vouohe~-ulxlaled
CouwrY OF SLIFFOLK
OI~FIC~ OF ~ COIINTY ~F.~OTIVE
EXECUTIVE OR]DF. FI NO. 1A-2005 AMENDING EXECUTIVE ORDER NO, 4-2004
FROM:
RE:
All Deparlment Heads
Steve Lavy, 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, please be
advised that any requests for approval or payment for tmval and related
expenses and'attenclanoe 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 Sabalino 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.
COUNTY EXECUTIVE OF SDFFOLK
COUNTY
[ ] Braokets denote deletion of existing language.
Underlining denotes addition of new language.
CC;
Henry L Barton, Jr., Clerk of the Legislature
Kevin S. Law, Esq., Chief Deputy County Executive for Administration and
~eneml Counsel
Paul 8abatino II, F...m:l., Chief Deputy Oounty Executive
Frederick B. Pollart, Deputy Oounty Executive for F'mance and
Management
Jeffrey Szabo Deputy County Executive and Chief of Staff
· Jeanins Dillon, A~istant Deputy Oounty Exeoutive
Adam Santiago, County Executive Aaaiatant, Intergovernmental Relations Divlaion
Amy Engel, County Executive Aaaiatant
Exeoutive'$ Teohnology Unit
EO-1A-2OOS-Tmvel-Vouohera-updated- 1A
COUNTY OF SUFFOLK
OFFICE OF THE COUNTY EXECUTIVE
Steve Levy
COUNTY EXECUTIVE
EXECUTIVE ORDER NO. '14-2007 RESCINDING!EXECUTIVE ORDER NO. 1A-2005
TO:
FROM:
RE:
All Department Heads
Steve Levy, County Executive of Suffolk County
Travel Vouchers
Please be advised that Executive Order No. 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 and 3-'i 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'LEVY ' ~,J
· COUNTY EXECUTIVE OF SUFFOLK COUNTY
cc:
Tim Laube, Clerk of the Legislature
William J, Lindsay, Presiding Officer
Jim Morgo, Chief Deputy' Coqnty Executive
Jeffrey W, Szabo Deputy County Executiveand Chief of Staff
Ben Zwim, Deputy County Executive
Frederick B. Potlert, Deputy County Executive for Finance and Management
Joseph S. Dujmlc, Jr., County Executive Assistant
Executive's Tec. h nology~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
~OS¢
Scope .......................
Definitions .................................................................................... 1
Allowable Claims ........................................................................... l
Claim Submission ........................................................................... 2
Out of Pocket Expenses
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
- FORMA&C 108 ............................................. 9
Consultant's Expense Summary
FORMA & 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 deparlments and agencies utilizing
consultant services.
3. Definitions
a. Consultant - An individual or firm engaged to provide outside
professional services to Suffolk County departments and agencies.
b. Consultant's A cement - A written contract describing the specific
services to be rendered by the consultant and the amount and terms of
payment for the services to be made by the County. The consultant's
agreement shall constitute the sole authorization for payment of claims.
The consultant's agreement shall be prepared in accordance with the
County Executive's Operating Procedures, SOP # 1-05. Non-specific
general purpose or lump sum payment agreements are not recommended.
4. Allowable Claims - Only claims which are submitted for expenditures
specifically identified in the agreement will be approved for payment. Generally,
the agreement will stipulate a maximum fee for services rendered which is based
upon a rate per clay or per hour. Accordingly, a rate schedule is an integral'part of
each eonsultsnt's agreement. Ineroases will be allowed only by amendment to the
agreement. Out-of-pocket expenditures are reimbursable if it is so stipulated in
the eonsultsnt's agreement.
2
5. Claim Submission - Consultants should submit their claims for reimbursement
through the County department or agency responsible for the consultant's
assignment, using appropriate forms, as indicated below:
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 supervision or jurisdiction the work was
performed, signifying that the consultant has complied with all the terms
and conditions of the agreement under which the payment is requested.
The voucher must then be signed by the department head or his duly
authorized representative and forwarded to the Department of Audit and
Control for payment.
b. Consultant's Time Summary~ FORM A&C 108 (Exhibit 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 Summary, FORM A&C 109 (]:~.xhibit C) - The
Consultant's Expense Summary should be used to detail expenses for
travel, meals, lodging or other necessary and reasonable out-of-pocket
expenditures incurred on the project. Each expense item should be
documented by a receipted bill, sales slip or invoice which totals the daily
expenditures shown on the form. The completed FORM A&C 109 must be
signed by an authorized individual of the consultant's firm. It should then
be attached to the County of Suffolk Standard Payment Voucher Form.
6. Out-of-.Pocket~ - If these expenses are reimbursable under the
consultant's agreement, the following rules and guidelines should be considered
before incurring such expenses and submitting claims:
a. Meals - Meals are reimbursable under a consultant's contra, ct only if the
purpose of the meal is valid, that is, authorized under the con~act 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 and incidental rate is
4
$71.00 per diem including tax. Audit and Conixol should be contacted for
allowable rates for future fiscal periods. (Gratuities, at a reasonable and
customary rate, shall be reimbursed over and above the state limits).
The County will not honor claims for the reimbursement of "business
meals" submitted by members of the consultant's firm who are not
traveling out of town (overnight) in performance of the contract. Where a
consultant meets the necessary criteria to be reimbursed for meals, no
receipts will be necessary but a certified statement will be required.
b. L0d~,ing - 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
Publicatiun 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 - Airfare will only be reimbursed at the economy coach rate and a
receipt will be necessary. Individuals choosing to fly first class will not be
reimbursed for the 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 trip. 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 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 lieu 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
6
not in compliance with the contract between the Consultant and the County. The
reporting requirement of the sub-contractor will be the same as that of the
Consultant. Details of all expenditures claimed must be documented in the same
manner. If the sub-contractor's agreement with the Consultant is a lump-sum
payment agreement, detailed documentation 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 time, 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
EXHIBIT A
~bmeofS~fflgh~Ml* 17 18 J9 ~0 ~1 ~3 ~4~s ~6 ~7 28 9 JO i! ](]~RS ~]~I~.
$
C(~qS~LT~J~T*S lqAld~ X~Oi) BEG~G~C~ PEP~) ~I~D~C~
STATEMENT OF OTHER CONTRACTS
CONTRACTOR NAME Town of Southold Senior Services
ADDRESS 750 Pacific Street, P.O. Box 85, Mattituck, New York 11952
/
CONTACT Karen McLaughlin, 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
Elderly (Congregate C-1 and 11000005241 the Aging 1/1/12 - 12/31/12
Home Delivered Meals C-2) $ 249,353.00
AAA Transportation 1 FMS No. 00000005285 Suffolk County Office for
Assistance Program the A~ng 04/01/12 3/31/13 $ 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.
10/2012 STATEMENT OF OTHER CONTRACTS 05
THE COUNTY EXECUTIVE
AI-L-DEPARTMENT-H EADS MEMOEANDUM
.This memorandum appllea to those departments who pay contract ageacies from the Ope, ruling
Budget 4'/70 or 4980 objects.
On August 29, 1995, ADH 47-95 was issued to re.solve problems whicli had developed regarding
the pmcodures and requirements for modifying contract agency budgets. In early 1997, there
were again prob.l .ems with timeliness aad the reasons for modifications for ~ d~partments
involving 1996 co'ntracts.
Departments who 'deal with contract agencies have a major responsibility i~ the proc~,ssing 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
conlract agencies.
~F_x~me~ener~.e any questions regarding this ADH, please contact your department's Budget
ChlefDcputy County ExeCutive
Distribution'
Department Heads
Attachment
!1 UD GE T MOI) IFI CA TION, g
Non-equipment requests for contract budget modifications ~
-EXecutive's Budget O~c~ no later than 45 calendar days prior to the end of the oontnict
fiscal year. Equipment modifieatlons must be received 90 .
of the contra~t fiscal year. calendar days Prior to the end
Under no circumstances can expenditures for which a budget modification is being
requested be made prior to the approval of the modification by the Budget Office.
Az agency will be res~¢ted to thr~e approved modifications p~r year.
F. ada lin~ item rtquested to be modified must be'fully justified and must be direetly
related to the intent of the progr ,m
o
A~y Izansfcrs to hcresse ~lary rates of c°n/ract employees, create new posi~uns, or
change the tire of a position, must be submitted prior to the rate he, tease being given or
the position being fillM. The Budget Offien will pot approve retroactive salay inereasesl
The only exception applies to a retroac//ve labor agreement between an agen~ and the/r
· union bargaining unit(s). '
6. Budget modificationz cannot increaze the dollar amount of the'contract.
PRO CED UR. E:
your copies of the proposed budget modi..ficat/o~ and one copy of the justification, .
including a letter from the agency requesting the chunge, should be forwarded to the
Budget Office with thc depadmenfs recommendation with;, fifteen'(15) calendar
days of ~rec_e.;pt of the request by the department.
The justification must include the effect of the modification on the prognun,'ehaalges in
the available reimbu~ement to thc County, if any, the additional dollar amount whi&h
will.be paid to the agency, and the dollar amount of rcimburseraant to thc County, if'thc
modification is approved.
If.the contract is funded under a Federal or State grant, or State reimbur~effieai, the
DfoTarlment Head must Mvise in the hmusmittal memo whether State or Fodetal approval
the modification is required and whether the aliaobed documentation showing the
change has been approved by the funding agency.
The budget modification format must indic, ate the line item, the current budget amount,
the amount spent year to date, '
the change., the new amount of the line item and the dollar amount of
NOTIFICATION OF RIGHTS UNDER
THE LIVING WA GE LAW
According to the provisions of Local Law # 12-2001 (the Living Wage law) enacted
by Suffolk County in July of 2001, a living wage rate was established. The Living
Wage shall be adjusted each year in proportion to the increase of the area
Consumer Price Index. Effective January 1, 2013, the Living Wage will increase to
$11.52 per hour with health benefits and $13.12 per hour without health benefits
for covered employees of an agency receiving financial compensation through the
County. The law also mandates that full time workers receive at least 12
compensated days off per year through any combination of sick, vacation or
personal leave and includes paid holidays provided by the employer.
The Suffolk County Department of Labor has been designated as the agency to
administer this law and to this end has established a Living Wage Unit. Further
information concerning the parameters of the Living Wage law may be obtained by
contacting this Unit (631-853-3808) or accessing the Suffolk County web page at
www.co.suffolk.ny.us/labor and following the link to the Living Wage section. All
inquiries will remain confidential.