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RESOLUTION 2014-722
ADOPTED DOC ID: 10066
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-722 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 26, 2014:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the
Suffolk County Office for the Aging for the Town to receive funding under the AAA
Transportation Program, IFMS No. 0000000 No. 001-6806-4980-95294, not to exceed $8,016.00
for the period April 1, 2014 through March 31, 2015 (with one extension at the County's option
to September 30, 2015), subject to the approval of the Town Attorney.
0��C2.04 0 4;va,
Elizabeth A. Neville
Southold Town Cleric
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER:William P. Ruland, Councilman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
t
Law No. 15-AG -- 0R11G1iVi"--
IFMS No. 0000000 w5Q3
Rev. 8/11/14 001-6806-4980-95294
Line Item/Omnibus Grant-AAA Transportation
Contract
This Contract("the Contract") is between the County of Suffolk("the County"), a municipal corporation
of the State of New York, acting through its duly constituted Office for the Aging ("the Department"), located at
100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099; and
Town of Southold ("Contractor"), a New York municipal corporation, having an address at 53095 Main
Road, P.O. Box 1179, Southold, New York 11971.
The Contractor has been designated to receive funds from the County for a AAA Transportation Program
("the Services") as set forth in Article I, entitled "Description of Services."
Term of the Contract: April 1,2014 through March 31,2015;with an option,to be exercised at the County's
discretion,to September 30,2015 on the same terms and conditions herein.
Service Levels: 1,500 Units of Transportation Service
130 Elderly Served
Total Cost of the Contract: Shall not exceed$8,016.00, to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through Vl,attached hereto and made a part hereof.
In Witness Whereof, the parties hereto have executed the Contract as of the latest date written below.
Town of Southold County of ffolk
By: ABy: e
Sco A. Russe 1 Dennis M. Cohen
Supervisor Chief Deputy County Executive
Fed. Taxpayer ID#: 11-6001939 Date 10/8/aoiY
Date
a�r y Approved: — �
CIO A . /% Department
/��� <2r E_. l hereby
certifies under penalties of perjury that I am an officer of By:
-,_c, c.l' '�-Xc ky Holly )Rhodes-Teague
that I have read and I am familiar with §A5-7 of Director, Office fo the Aging
Article VV of the SuffolkCountyCode,andy/that may/ Date _ q I 1
meet's all requirem to qualify for exemption 1
thereunder. Recom ed: /
Name ate By:
Michelle Belsky i
Approved as to Form: Food Se c Sup rvi or
Dennis M. Brown Date
Suffolk County Vtornr
By:
Mary"El o
Ass o ty Attorney 0027771
Date
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Rev. 12/17/13 AAA Transport Sohld 14-15
Law No. 15—AG IFMS No. 0000000
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Line Item/Omnibus Grant—AAA Transportation
List of Articles
Page#
ArticleI .............................................................................................................................................................................5
Descriptionof Services..........................................................................................................................................................5
1. Conflicting Provisions .......................................................................................................................... 5
ArticleIA ...........................................................................................................................................................................13
GrievanceProcedures.........................................................................................................................................................13
ArticleII ...........................................................................................................................................................................15
Definitions ...........................................................................................................................................................................15
1. Meanings of Terms............................................................................................................................. 15
2. Elements of Interpretation................................................................................................................... 16
ArticleIII ...........................................................................................................................................................................17
GeneralTerms 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................................................................................................................. 19
2. Termination......................................................................................................................................... 19
a. Thirty Days Termination............................................................................................................... 19
b. Event of Default; Termination on Notice ..................................................................................... 19
c. Termination Notice....................................................................................................................... 19
d. Duties upon Termination.............................................................................................................. 19
3. Indemnification and Defense.............................................................................................................. 19
4. Insurance............................................................................................................................................. 19
5. Independent Contractor....................................................................................................................... 20
6. Severability......................................................................................................................................... 20
7. Merger; No Oral Changes................................................................................................................... 21
8. Set-Off Rights..................................................................................................................................... 21
9. Non-Discrimination in Services.......................................................................................................... 21
10.Nonsectarian/Nonpartisan Declaration............................................................................................... 21
11. Governing Law ................................................................................................................................... 21
12.No Waiver........................................................................................................................................... 21
13. Conflicts of Interest............................................................................................................................. 21
14. Cooperation on Claims ....................................................................................................................... 22
15. Confidentiality.................................................................................................................................... 22
16. Assignment and Subcontracting.......................................................................................................... 22
17. Changes to Contractor......................................................................................................................... 22
18. No Intended Third Parry Beneficiaries................................................................................................ 23
19. Certification as to Relationships......................................................................................................... 23
20. Publications......................................................................................................................................... 23
21. Copyrights and Patents........................................................................................................................ 23
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Law No. 15—AG IFMS No. 0000000
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Line Item/Omnibus Grant—AAA Transportation
a. Copyrights..................................................................................................................................... 23
b. Patents........................................................................................................................................... 23
22. Arrears to County................................................................................................................................ 23
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction........................................................................................................................................ 23
24. Certification Regarding Lobbying ...................................................................................................... 24
25. Record Retention ................................................................................................................................ 24
26.Notice.................................................................................................................................................. 24
ArticleIV ...........................................................................................................................................................................25
SuffolkCounty Legislative Requirements.........................................................................................................................25
1. Contractor's/Vendor's Public Disclosure Statement.......................................................................... 25
2. Living Wage Law................................................................................................................................ 25
3. Use of County Resources to Interfere with Collective Bargaining Activities .................................... 25
4. Lawful Hiring of Employees Law....................................................................................................... 25
5. Gratuities............................................................................................................................................. 26
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas............................. 26
7. Child Sexual Abuse Reporting Policy................................................................................................ 26
8. Non Responsible Bidder..................................................................................................................... 27
9. Use of Funds in Prosecution of Civil Actions Prohibited................................................................... 27
10. Youth Sports ....................................................................................................................................... 27
11. Work Experience Participation........................................................................................................... 27
12. Safeguarding Personal Information of Minors.................................................................................... 27
13. Suffolk County Local Laws Website Address.................................................................................... 27
ArticleV ...........................................................................................................................................................................28
GeneralFiscal Terms and Conditions...............................................................................................................................28
1. General Payment Terms...................................................................................................................... 28
a. Presentation of Suffolk County Payment Voucher....................................................................... 28
b. Voucher Documentation............................................................................................................... 28
c. Payment by County....................................................................................................................... 28
d. Budget Modification..................................................................................................................... 28
e. Budget and/or Services Revisions.................................................................................................28
f. Taxes............................................................................................................................................. 29
g. Final Voucher................................................................................................................................29
2. Subject to Appropriation of Funds......................................................................................................29
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures.............................. 29
4. Accounting Procedures....................................................................................................................... 29
5. Audit of Financial Statements............................................................................................................. 30
6. Financial Statements and Audit Requirements................................................................................... 30
7. Furniture, Fixtures, Equipment, Materials, Supplies.......................................................................... 31
a. Purchases, Rentals or Leases Requiring Prior Approval .............................................................. 31
b. Purchase Practices/Proprietary Practices/ProprietaryInterest of County 31
c. County's Right to Take Title and Possession............................................................................... 31
d. Inventory Records, Controls and Reports..................................................................................... 32
e. Protection of Property in Contractor's Custody ................ 32
f. Disposition of Property in Contractor's Custody 32
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8. Lease or Rental Agreements ............................................................................................................... 32
9. Statement of Other Contracts.............................................................................................................. 32
10. Miscellaneous Fiscal Terms and Conditions ...................................................................................... 32
a. Limit of County's Obligations...................................................................................................... 32
b. Duplicate Payment from Other Sources........................................................................................ 32
c. Funding Identification................................................................................................................... 32
d. Outside Funding for Non-County Funded Activities.................................................................... 32
e. Potential Revenue ......................................................................................................................... 33
f. Payments Contingent upon State/Federal Funding....................................................................... 33
g. Denial of Aid................................................................................................................................. 33
h. Budget........................................................................................................................................... 33
i. Payment of Claims........................................................................................................................ 33
j. Payments Limited to Actual Net Expenditures............................................................................. 33
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 .................................... 34
1. Salaries.......................................................................................................................................... 34
m. Salary Increases............................................................................................................................. 34
n. Contractor Vacancies.................................................................................................................... 34
o. No Limitation On Rights .............................................................................................................. 34
p. Comptroller's Rules and Regulations........................................................................................... 34
ArticleVI ...........................................................................................................................................................................35
Budget
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Rev. 8/11/14 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Article I
Description of Services
Town of Southold
AAA Transportation Program
Whereas,the Contractor has been identified in the 2014 Suffolk County Adopted Budget under the funding as
listed on page one of the Contract to perform the Services for the Department; and
Whereas,the AAA Transportation Program expands essential transportation activities for the elderly by
providing assistance in meeting the transportation operating expenses related to serving the elderly, as part of
the required supportive services of the IIIC Nutrition Program and/or the Wellness in Nutrition Program or other
such programs for the elderly that provide transportation services.
Whereas,the enhancement of the provision of transportation services is considered to be in the best interest of
the County and the elderly residents of Suffolk County for the best possible outcomes.
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto
agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Goals of the Program
The Contractor shall provide the following transportation services:
The Contractor may provide transportation other than to and from the nutrition sites on an as needed
basis. This may include,but is not limited to,transportation to medical appointments, shopping,
activities for socialization and other such activities scheduled as part of the Contractor's regular
transportation program activities or by appointment. All transportation services shall be furnished
using licensed drivers and insured and inspected vans and automobiles.
3. General Program Terms and Conditions
In general,but without limitation, the Contractor shall be required to meet the criteria listed below:
a. Have, and maintain throughout the term of this Contract, an existing agreement to provide a
service or services for the elderly in Suffolk County.
b. Have an owned or contract vehicle available for the Services, either through purchase agreement
or lease agreement.
4. Administration
a. Overall administration of this program will be the responsibility of the Contractor. The
Contractor will insure proper implementation and direction of the service, act as liaison between
the Department and the actual service and insure accuracy and timeliness of submission of all
reporting forms and expenditures.
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ARTICLE I
Law,No. 15—AG IFMS No. 0000000
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Line Item/Omnibus Grant—AAA Transportation
b. Program staff shall attend meetings and training as requested by the Department.
5. Contractor's Staff
a. The Contractor agrees to employ adequate numbers of qualified staff and supervisory personnel
to meet all the specifications and responsibilities of the program in an orderly, punctual and
reliable manner and to assure the health, safety, and welfare of participants. A full-time
manager/supervisor will direct and coordinate the daily operations. 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 County shall have the right to prior approval of the filling of any AAA Transportation
Coordinator and shall be advised by the Contractor of the duties and compensation of all personnel
assigned to the AAA Transportation Program.
C. The provisions of this paragraph 5 are in addition to the provisions of Article V,paragraph 10,
subparagraph n.
6. Coordination
The Contractor must 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.
7. 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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ARTICLE I
Law tNo. 15—AG IFMS No. 0000000
Rev. 8/11/14 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
C. 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 150%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,
d) Instrumental activities of daily living (meal preparation, housekeeping, shopping,
medications, telephone, travel, and money management).
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ARTICLE I
Law tNo. 15—AG IFMS No. 0000000
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Line Item/Omnibus Grant—AAA Transportation
Disabled—Any person who has a physical or mental impairment which substantially
limits one or more major life activities, has a record of such impairment, or is regarded as
having such an impairment. This includes alcoholism and drug addiction.
iv. 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.
8. 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 provide maximum accessibility to those older adults in greatest economic or
social need, and new sites shall 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:
• For individuals who are deaf or hard of hearing: qualified interpreters, notetakers,
computer-aided transcription services, written materials, telephone handset amplifiers,
assistive listening systems,telephones compatible with hearing aids, closed caption
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ARTICLE I
Law,No. 15—AG IFMS No. 0000000
Rev. 8/11/14 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
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,
Brailled materials, large print materials, and assistance in locating items.
• For individuals with speech impairments: TDDs, computer terminals, speech
synthesizers, and communication boards.
C. Additionally, consistent with the Civil Rights Act of 1964, Title VI, the Title VI regulations,
federal Executive Order 13166, and the NYS Human Rights Law, all subcontractors 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, maintain 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.
9. Reporting Requirements
a. Monthly Reports
Monthly reports must be submitted to the Department on a form prescribed by the Department.
Monthly reports are due to the Department by the eighth(8th) day of the month following the
month being reported. These reports shall contain, at a minimum, the following categories of
information:
i. Units of service: one unit is equal to each one-way trip per person.
ii. The number of individuals who have received transportation by the Contractor under this
Transportation Program Contract.
iii. A monthly activity schedule showing the specific transportation services the Contractor
will make available to the congregate participants that require transportation.
iv. Mileage recordings.
b. Electronic Reporting
i. The Contractor shall maintain electronic records on all program participants using the
most currently approved form provided by the Department and compliant with State and
Federal reporting requirements. Data for all participants must be updated monthly.
ii. In order to comply with electronic reporting requirements,the Contractor must have
adequate computer equipment and software available to support the approved form.
iii. Transportation units and unduplicated number of persons served must be entered
electronically in SAMS 2000 or in subsequent County approved computer systems. All
participant data must be entered completely by the twelfth(12th) of each month for the
previous month's data.
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ARTICLE I
Law,No. 15—AG IFMS No. 0000000
'
Rev. 8/11/14 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
10. Incident Reporting
The Contractor will report at least verbally to the Department, within twenty-four (24) hours any
incidents involving all instances of claims,costs,damages,and injuries to persons or property of whatsoever
kind arising out of services provided under this Contract. A written follow-up of such incidents shall be
sent to the Department within five (5) days of the occurrence. The Contractor further agrees to send the
Department copies of all"notices of claim"relating to the program covered in this Contract.
11. Confidentiality
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.
b. 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.
12. Promotions and Advertisements
a. Any references to transportation services provided under this Contract must include due recognition to
New York State Office for the Aging. The Contractor must include the express acknowledgement as
follows:
"This service has been provided with financial assistance, in whole or in part through a grant
from the New York State Office for the Aging."
b. The provisions of this paragraph shall prevail over any conflicting provisions of Article III,
paragraph 20.
13. Contributions
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. The Contractor must maintain an audit trail of all
incoming contributions and make monthly reports of any contributions received. Monthly contributions
will be deducted from monthly expenditures to arrive at net reimbursement. All contributions must be
used to enhance services. All printed materials used for the program must include the sources of funding
for the program and must include the following information:
Contributions to this (these) service(s) are completely voluntary and anonymous. Services will
not be denied because of inability or unwillingness to contribute. Any contribution you wish to
make will be used to expand the program and will be greatly appreciated.
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 (5) 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 the conclusion of the service, but not less often than annually, the
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ARTICLE I
Law�No. 15—AG IFMS No. 0000000
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Line Item/Omnibus Grant—AAA Transportation
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. Program
The Contractor agrees to permit the Department's staff and staff of the New York State Office
for the Aging to review programmatic records at any time.
b. Fiscal
As required,the Department's fiscal staff may examine or review evidence regarding the existence,
time and classification of financial transactions,which are charged to the program for reimbursement.
To obtain this evidence,the fiscal staff will examine documentary evidence including financial
verification by actually observing or counting certain assets (e.g. case,food inventory, equipment and
supplies)to establish their physical existence.
16. Grievance Procedures
In accordance with §306 (a) (6) (P) of the Older Americans Act, as amended(OAA), the Department has
established a process for resolving complaints from older persons who are dissatisfied with or denied
services funded under Title III of the Act. The Contractor shall comply with the requirements of the
Grievance Procedures as set forth in Article IA.
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ARTICLE I
Law No. 15—AG IFMS No. 0000000
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Line Item/Omnibus Grant—AAA Transportation
Contractor's Proposal &
Response for Equal Access & Targeting
AAA Transportation
End of Article I
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ARTICLE I
Town of Southold
AAA Transportation Services Narrative
April]. 2014 March 31, 2015
Southold Town Senior Services currently provides both regular route and demand
responsive transportation services to senior residents of Southold Town. Given the
rural nature of our area coupled with the lack of other reliable, efficient and affordable
transportation alternatives, seniors are often isolated and unable to access services
vital to their continued independence, health and well being. Southold Town Senior
Services is proposing to continue our current program for demand responsive
transportation services for both medical escort assistance and other essential services.
For the 4/1/13-3/31/14 program year Southold Town Senior Services has provided
1,580 one way passenger trips for essential medical and non- medical transportation
for senior consumers. We provide medical transportation throughout Suffolk County
and do not restrict travel within town boundaries. Given these factors, our current
transportation services are maximized. At present, appointments are scheduled
months in advance and seniors new to the program often cannot access our services
readily as availability is limited to a first come first serve basis. We have also
experienced an increased demand for transportation to oncology, radiation and
physical therapy appointments which are usually concentrated over a long period of
time. This funding will allow us to supplement our existing program by allocating
additional hours of service to enhance availability and reduce the advance scheduling
requirements that often limits access to many seniors who need more immediate
and/or long term assistance.
For the 2013/2014 program year, we exceeded our projected goal of 1,400 one way
passenger trips by 180 units or 13%. Our unduplicated service delivery goal was 140
seniors-and-we-wure-beluw-proj�ions.�Lgo� 14/2015 our projected goal is
'1;500 one wayassenger trips to 130 and licated seniors Priority will be given to
low income and low income/minority seniors. ransportation funding will be
applied to cover a designated portion of our overall service. The Town Director of
Human Services will oversee implementation of the program and program staff will
directly supervise transportation staff.
Submitted By: Karen McLaughlin
Town Director of Human Services
Southold Town AAA Transportation Program Proposal
April 1, 2014- March 31, 2015
Equal Access to Services and Targeting Plan:
In following the guidelines set forth under the Older Americans Act, Southold
Town Senior Services is committed to our goal of providing support services to our
elderly residents. According to the 2010 U.S. Census, 32.23%of the residents in
Southold Town are 60 years of age and older; 3.47% are minorities. For April 2013 to
date, we served 3.5%minority elderly in our AAA Transportation Assistance Program.
Targeting the low-income minority elderly living in Southold Town, particularly in the
Village of Greenport remains a high priority. We have continued to increase our visibility
and expanded access to our services. Community Action for Southold Town(CAST)
Director, Sarah Benjamin, has been active in reaching out to our staff on referrals
involving individuals 60 years of age and older. CAST is currently rotating monthly
through our community services room at the Center and is actively working with us to
improve service to vulnerable seniors. Since CAST serves a large minority component,
they are a key partner in our targeting plan. In 2014, through her established presence at
our Center,Ms. Benjamin has been able to assist us in our efforts to develop a
cooperative program in which minority seniors linked to CAST services. Our agencies
have recently partnered on a grant to increase access to local fresh produce for seniors.
The program will provide seniors with prepaid coupons to buy fresh produce at local
farm stands .Our transportation assistance program staff will coordinate with CAST to
arrange transport. CAST will be provided additional outreach to minority elders in the
Greenport community for the produce program and will provide the essential linkage to
our transportation services. Priority will begiven to frail, low income,nutritionally at risk
and/or minority elderly. Senior Center Manager, Jacqueline Martinez will be assisting the
Director in developing and expanding outreach activities with CAST and within the
Town of Southold as she is fluent in Spanish.
As a contractor with SCOFA, we will fully comply with the requirements of both
the Equal Access to Services and Targeting Policy (12-PI 08) and the Telephonic
Interpretation Policy(12-IM-03)to achieve our goal of increasing access to the most
vulnerable elderly, particularly those with limited English proficiency. We have provided
information on the Town's website and have posted service availability at the entrance of
our facility ensuring that all LEP persons are informed of the availability of language
assistance free of charge. We will also maintain a telephonic interpretation service
(Currently in contract with Propio Language Services for telephonic interpretation and
document translation services/Suffolk County Contract#OTPITS-041412). All staff
have been instructed in the timely and appropriate use of this service. In addition, we
have been provided access to the Southold Town Justice Court's comprehensive list of
court interpreters that they keep on file pursuant to section 387 of the Judiciary Law. We
will inform CAST of our free language assistance so they can include it in their outreach
plan as well.
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Article IA ii. The grievance should be filed
Grievance Procedures within thirty(30)days of denial,
reduction or termination of
1. Purpose services, or of the event or
circumstances with which the
In accordance with §306 (a) (6)(P)of the Older
Americans Act,as amended(OAA), the Suffolk participant is dissatisfied.
Aging's Program Administrator
County Office for the Aging has established a may grant an extension for good
process for resolving complaints from older cause shown.
persons who are dissatisfied with or denied
services funded under Title III of the Act. iii. The grievance should be filed on
the form approved by Aging,
2. Notifying Participants of the Right to File a which shall include a written
Grievance statement setting forth in detail
a. The Contractor shall inform all the date,time and circumstances
participants in the program of the right to that are the basis of the
file a grievance. A summary of the complaint.
procedures, including a statement that
assistance to file shall be provided to b. Investigation and Response to
older persons,must be prominently Grievance:
posted at service delivery sites or offices i. The designated reviewer who
at which participants and service performs the initial review shall
applicants apply for services. investigate the grievance,
Summaries must be in a format approved including, as appropriate,
by Aging and shall also be written in meeting with the grievant and
languages other than English where other persons involved in the
required to serve the client/applicant action(s)complained of or in the
population. Service participants shall be denial of services.
informed of the grievance procedures
through written and verbal statements ii. The reviewer shall review all
provided to them upon assessment pertinent facts and/or
and/or reassessment for services. documents, and shall determine
whether the agency action was
b. A participant or applicant who is denied made in accordance with lawful
Title III services by the Contractor and procedures (that is,consistent
the Aging program monitor must be with applicable OAA and or
given the reasons for the denial. The State laws,regulations and
denial shall be confirmed in writing and policies)and supported by the
the applicant informed of the right to file facts.
a grievance and to whom the grievance
shall be addressed. For services which iii. The designated reviewer shall
are applied for by telephone or verbally, prepare and send a written
in person, the client may be told of the response to the grievant and to
right to file a grievance verbally. Aging's Director within fifteen
3. Grievance Process (15)days after the grievance is
filed. The response shall set
a. Filing of grievances must follow the forth the circumstances relating
following process: to the grievance,the action
i. Participants must submit their requested by the grievant,the
grievances in writing to Aging's findings of the reviewer, a
Program Administrator. proposed remedial action, if any,
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and reason(s)for and facts relied
on in the determination.
a. Appeal of Initial Response/Decision:
L The grievant may initiate a
request for subsequent review by
Aging's Director within twenty
(20)calendar days following
receipt of notification by the
Program Administrator of the
decision.
ii. Aging's Director shall request
copies of the initial file on the
complaint in question. Aging's
Director will review the
materials to ensure that pertinent
policies and procedures have
been applied and followed. If
appropriate,Aging's Director or
his/her designee will meet with
the older person to allow the
grievant an opportunity to
present information about the
grievance.
If the policies and procedures have been adhered to,
Aging's Director will not overturn the decision of the
Program Administrator. If proper policies and procedures
have not been applied, Aging reserves the right to
overturn the decision. The subsequent review shall be
End of Article IA
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required by the Contract with an insurer that has
designated the New York Superintendent of
Article II Insurance as its lawful agent for service of
Definitions process;or
I. Meanings of Terms d. the Contractor's failure to comply with any
Federal,State or local law,rule,or regulation,
As used herein: and County policies or directives;or
"Audit of Financial Statements"means the examination by e. the Contractor's bankruptcy or insolvency;or
the Comptroller and any Federal or State auditing authority of
the financial statements of the Contractor resulting in the f. the Contractor's failure to cooperate in an Audit
publication of an independent opinion on whether or not those of Financial Statements;or
financial statements are relevant,accurate,complete,and fairly
presented. g. the Contractor's falsification of records or
reports,misuse of funds,or malfeasance or
"Budget"means the Contractor's summary or plan of all nonfeasance in financial record keeping arising
intended revenue,whether received in the form of fees,grants, out of,or in connection with,any contract with
County funding,or any other source,and expenditures necessary to the County;or
render the Services.
h. the Contractor's failure to submit,or failure to
"Budget Deficiency Plan"means an analysis of the cost of the timely submit,documentation to obtain Federal
Services,changes in fiscal conditions,and required modifications to or State funds;or
the Contract to continue to render the Services.
i. the inability of the County or the Contractor to
"Comptroller"means the Comptroller of the County of Suffolk. obtain Federal or State funds due to any act or
omission of the Contractor;or
"Contract"means all terms and conditions of this Contract forming
all rights and obligations of the Contractor and the County. j• any condition that the County determines,in its
sole discretion,is dangerous.
"Contractor"means the signatory corporation,its officers,officials,
e "Federal"means the United States government, its departments,and
employees,agents,servants,sub-contractors,and any successor or
assign of any one or more of the foregoing performing the Services. agencies.
"County"means the County of Suffolk,its departments,and "Fringe Benefits"means non-wage benefits which accompany,or
agencies. are in addition to,a person's salary,such as paid insurance,sick
leave,profit-sharing plans,paid holidays,and vacations.
"County Attorney"means the County Attorney of the County of
Suffolk. "Fund Source"means any direct or indirect sum payable to the
Contractor by the County pursuant to any lawful obligation.
"Department"means the signatory department approving the
"Legislature"means the Legislature of the County of Suffolk.
Contract.
"Engineering Services"means the definition of the practice of "Management Letter"means a letter certified as true by the
engineering and the definition of practice of land surveying,as the Contractor's certified public accountant or chief financial officer of
case may be,under Section 7201 and Section 7203 of the State findings and recommendations for improvements in internal fiscal
Education Law,respectively. control that were identified during an Audit of Financial Statements,
but which were not required to be included in an audit report.
"Event of Default"means
"Municipal Corporation"means a town,village,or school district.
a. the Contractor's failure to perform any duty
required of it under paragraphs 1(b)-(e)of "Services"means all that which the Contractor must do,and any part
Article III of the Contract;or thereof arising out of,or in connection with,the Contract as
described in Article I"Description of Services."
b. the Contractor's failure to maintain the amount
and types of insurance with an authorized insurer "State"means the State of New York.
as required by the Contract;or
"Statement of Other Contracts"means a complete list of all other
C. the Contractor's failure to maintain insurance contracts under which money has been or will be paid to the
Contractor from the County,Federal,or State governments,or a
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Municipal Corporation,and(i)which are currently in effect or(ii)
which have expired within the past twelve(12)months and have not
been renewed.
"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 III notification be later than five(5)days
General Terms and Conditions after a license holder has lost the
license required to qualify the license
1. Contractor Responsibilities holder or the Contractor to perform the
Services.
a. Duties and Obligations
iii.) In the event that the Contractor is not
i.) It shall be the duty of the Contractor to able to perform the Services due to a
discharge,or cause to be discharged,all loss of license,the Contractor shall not
of its responsibilities,and to administer be reimbursed for the Services rendered
funds received in the interest of the after the effective date of termination of
County in accordance with the such license. Without limiting the
provisions of the Contract. generality of the foregoing,if any part
of the Contract remains to be
ii.) The Contractor shall promptly take all performed,and the termination of the
action as may be necessary to render license does not affect the Contractor's
the Services. ability to render the Services,every
other term and provision of the
iii.) The Contractor shall not take any Contract shall be valid and enforceable
action that is inconsistent with the to the fullest extent permitted by law.
provisions of the Contract.
d. Documentation of Professional Standards
iv.) Services provided under this Contract
shall be open to all residents of the The Contractor shall maintain on file,in one
County. location in Suffolk County,all records that
demonstrate that it has complied with sub-
b. Qualifications,Licenses,and Professional paragraphs(b)and(c)above. The address of the
Standards location of the aforesaid records and documents
shall be provided to the County no later than the
i.) The Contractor represents and warrants date of execution of the Contract. Such
that it has,and shall continuously documentation shall be kept,maintained,and
possess,during the Term,the required available for inspection by the County upon
licensing,education,knowledge, twenty-four(24)hours notice.
experience,and character necessary to
qualify it to render the Services. e. Credentialing
ii.) The Contractor shall continuously have i.) In the event that the Department,or any
during the Term all required division thereof,maintains a
authorizations,certificates, credentialing process to qualify the
certifications,registrations,licenses, Contractor to render the Services,the
permits,and other approvals required Contractor shall complete the required
by Federal,State,County,or local credentialing process. In the event that
authorities necessary to qualify it to any State credential,registration,
render the Services. certification or license,Drug
Enforcement Agency registration,or
C. Notifications Medicare or Medicaid certification is
restricted,suspended,or temporarily or
i.) The Contractor shall immediately permanently revoked,it is the duty of
notify the County,in writing,of any the Contractor to contact the
disciplinary proceedings,commenced Department,or division thereof,as the
or pending,with any authority relating case may be,in writing,no later than
to a license held by any person three(3)days after such restriction,
necessary to qualify him,her,or the suspension,or revocation.
Contractor to perform the Services.
ii.) The Contractor shall forward to the
ii.) In the event that a person is no longer Department,or division thereof,as the
licensed to perform the Services,the case may be,on or before July 1 of
Contractor must immediately notify the each year during the Term,a complete
County,but in no event shall such list of the names and addresses of all
persons providing the Services,as well
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as their respective areas of certification,
credentialing,registration,and
licensing.
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f. Engineering Certificate iv.) Upon termination,the Contractor shall
reimburse the County the balance of
In the event that the Contract requires any any funds advanced to the Contractor
Engineering Services,the Contractor shall submit by the County no later than thirty(30)
to the County,no later than the due date for days after termination of the Contract.
submission for approval of any engineering work The provisions of this subparagraph
product,the Certificate of Authorization shall survive the expiration or
("Certificate"),issued pursuant to termination of the Contract.
§7210 of the New York Education Law,of every
person performing any Engineering Services. v.) Nothing contained in this paragraph
The failure to file,submit,or maintain the shall be construed as a limitation on the
Certificate shall be grounds for rejection of any County's rights set forth in paragraphs
engineering work product submitted for approval. I(c)(iii)and 8 of this Article III.
2. Termination 3. Indemnification and Defense
a. Thirty Days Termination a. The Contractor shall protect, indemnify,and hold
harmless the County,its agents,servants,
The County shall have the right to terminate the officials,and employees from and against all
Contract without cause,for any reason,at any liabilities,fines,penalties,actions,damages,
time,upon such terms and conditions it deems claims,demands,judgments,losses,suits or
appropriate,provided,however,that no such actions,costs,and expenses caused by the
termination shall be effective unless the negligence or any acts or omissions of the
Contractor is given at least thirty(30)days Contractor,including reimbursement of the cost
notice. of reasonable attorneys'fees incurred by the
County,its agents,servants,officials,and
b. Event of Default;Termination on Notice employees in any action or proceeding arising out
of,or in connection with,the Contract.
i.) The County may immediately terminate
the Contract,for cause,upon such b. The Contractor hereby represents and warrants
terms and conditions it deems that it will not infringe upon any copyright in
appropriate, in the Event of Default. performing the Services. The Contractor agrees
ii.) If the Contractor defaults under any that it shall protect,indemnify,and hold harmless
other provision of the Contract,the the County,its agents,servants,officials,and
County may terminate the Contract,on employees from and against all liabilities,fines,
not less than five(5)days notice,upon penalties,actions,damages,claims,demands,
such terms and conditions it deems judgments,losses,suits or actions,costs,and
expenses arising out of any claim asserted for
appropriate. infringement of copyright,including
C. Termination Notice
reimbursement of the cost of reasonable
attorneys'fees incurred by the County, its agents,
Any notice providing for termination shall be servants,officials,and employees in any action or
delivered as provided for in paragraph 26 of this proceeding arising out of or in connection with
Article III. any claim asserted for infringement of copyright.
d. Duties upon Termination C. The Contractor shall defend the County,its
agents,servants,officials,and employees in any
i.) The Contractor shall discontinue the proceeding or action,including appeals,arising
Services as directed in the termination out of,or in connection with,the Contract,and
any copyright infringement proceeding or action.
notice. Alternatively,at the County's option,the County
ii.) Subject to any defenses available to it, may defend any such proceeding or action and
the County shall pay the Contractor for require the Contractor to pay reasonable
the Services rendered through the date attorneys'fees or salary costs of County
of termination. employees of the Department of Law for the
iii.) The County is released from any and all defense of any such suit.
liability under the Contract,effective as
of the date of the termination notice. 4. Insurance
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a. The Contractor shall continuously maintain, issued by insurance companies authorized to do
during the Term of the Contract,insurance in business in New York with an A.M.Best rating
amounts and types as follows: of A-or better.
i.) Commercial General Liability d. The Contractor shall furnish to the County,prior
insurance,including contractual to the execution of the Contract,declaration
liability coverage,in an amount not pages for each policy of insurance,other than a
less than Two Million Dollars policy for commercial general liability insurance,
($2,000,000.00)per occurrence for and upon demand,a true and certified original
bodily injury and Two Million Dollars copy of each such policy evidencing compliance
($2,000,000.00)per occurrence for with the aforesaid insurance requirements.
property damage. The County shall be
named an additional insured. e. In the case of commercial general liability
insurance and business use automobile insurance,
ii.) Automobile Liability insurance(if any the Contractor shall furnish to the County,prior
non-owned or owned vehicles are used to the execution of the Contract,a declaration
by the Contractor in the performance of page or insuring agreement and endorsement
the Contract)in an amount not less page evidencing the County's status as an
than Five Hundred Thousand Dollars additional insured on said policy,and upon
($500,000.00)per person,per accident, demand,a true and certified original copy of such
for bodily injury and not less than One policy evidencing compliance with the aforesaid
Hundred Thousand Dollars insurance requirements.
($100,000.00)for property damage per
occurrence.The County shall be named f. All evidence of insurance shall provide for the
an additional insured. County to be notified in writing thirty(30)days
prior to any cancellation,nonrenewal,or material
iii.) Workers' Compensation and change in the policy to which such evidence
Employer's Liability insurance in relates. It shall be the duty of the Contractor to
compliance with all applicable New notify the County immediately of any
York State laws and regulations and cancellation,nonrenewal,or material change in
Disability Benefits insurance,if any insurance policy.
required by law. The Contractor shall
furnish to the County,prior to its g. In the event the Contractor shall fail to provide
execution of the Contract,the evidence of insurance,the County may provide
documentation required by the State of the insurance required in such manner as the
New York Workers'Compensation County deems appropriate and deduct the cost
Board of coverage or exemption from thereof from a Fund Source.
coverage pursuant to§§57 and 220 of
the Workers'Compensation Law. In h. If the Contractor is a Municipal Corporation and
accordance with General Municipal has a self-insurance program under which it acts
Law§108,the Contract shall be void as a self-insurer for any of such required
and of no effect unless the Contractor coverage,the Contractor shall provide proof,
shall provide and maintain coverage acceptable to the County,of self-funded
during the Term for the benefit of such coverage.
employees as are required to be
covered by the provisions of the 5. Independent Contractor
Workers'Compensation Law.
The Contractor is not,and shall never be,considered an
iv.) Professional Liability insurance in an employee of the County for any purpose. Notwithstanding
amount not less than Two Million anything contained in this Contract,the Contract shall not
Dollars($2,000,000.00)on either a be construed as creating a principal-agent relationship
per-occurrence or claims-made between the County and the Contractor or the Contractor
coverage basis. and the County,as the case may be.
b. The County may mandate an increase in the
liability limits set forth in the immediately 6. Severability
preceding paragraphs(4)(a)(i),(ii),and(iv). It is expressly agreed that if any term or provision of this
C. All policies providing such coverage shall be Contract,or the application thereof to any person or
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circumstance,shall be held invalid or unenforceable to any receive the Services provided pursuant
extent,the remainder of the Contract,or the application of to the Contract.
such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable, b. The Contractor shall not utilize criteria or
methods of administration which have the effect
shall not be affected thereby,and every other term and
provision of the Contract shall be valid and shall be of subjecting individuals to discrimination
enforced to the fullest extent permitted by law. because of their race,creed,color,national
origin,sex,age,disability,sexual orientation,
military status,or marital status,or have the
7. Merger;No Oral Changes effect of substantially impairing the Contract with
respect to individuals of a particular race,creed,
It is expressly agreed that the Contract represents the entire color,national origin,sex,age,disability,sexual
agreement of the parties and that all previous orientation,military status,or marital status,in
understandings are herein merged in the Contract. No determining:
modification of the Contract shall be valid unless in written
form and executed by both parties. i.) the Services to be provided;or
ii.) the class of individuals to whom,or the
8. Set-Off Rights situations in which,the Services will be
provided;or
The County shall have all of its common law,equitable,
and statutory rights of set-off. These rights shall include, iii.) the class of individuals to be afforded
but not be limited to,the County's option to withhold from an opportunity to receive the Services.
a Fund Source an amount no greater than any sum due and
owing to the County for any reason. The County shall 10. Nonsectarian/Nonpartisan Declaration
exercise its set-off rights subject to approval by the County
Attorney. In cases of set-off pursuant to a Comptroller's The Services performed under the Contract are secular and
audit,the County shall only exercise such right after the nonpartisan in nature. No funds received pursuant to the
finalization thereof,and only after consultation with the Contract shall be used for sectarian purposes or to further
County Attorney. the advancement of any religion candidate or partisan
effort. The Services will be available to all eligible
9. Non-Discrimination in Services individuals regardless of religious belief or political
affiliation.
a. The Contractor shall not,on the grounds of race,
creed,color,national origin,sex,age,disability, 11. Governing Law
sexual orientation,military status,or marital
status The Contract shall be governed by,and construed in
i.) deny any individual the Services accordance with,the laws of the State of New York,
provided pursuant to the Contract;or without regard to conflict of laws.Venue shall be
designated in the Supreme Court,Suffolk County,the
ii.) provide the Services to an individual United States District Court for the Eastern District of New
that is different,or provided in a York,or,if appropriate,a court of inferior jurisdiction in
different manner,from those provided Suffolk County.
to others pursuant to the Contract;or
iii.) subject an individual to segregation or 12. No Waiver
separate treatment in any matter related
to the individual's receipt of the It shall not be construed that any failure or forbearance of
Services provided pursuant t the the County to enforce any provision of the Contract in any
Contract;or particular instance or instances is a waiver of that
provision. Such provision shall otherwise remain in full
iv.) restrict an individual in any way from force and effect,notwithstanding any such failure or
any advantage or privilege enjoyed by forbearance.
others receiving the Services provided
pursuant to the Contract;or 13. Conflicts of Interest
V.) treat an individual differently from
others in determining whether or not The Contractor shall not,during the Term,pursue a course
the individual satisfies any eligibility or of conduct which would cause a reasonable person to
other requirements or conditions which believe that he or she is likely to be engaged in acts that
individuals must meet in order to create a substantial conflict between its obligations under
the Contract and its private interests. The Contractor is
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charged with the duty to disclose to the County the i.) if the Contractor is a partnership,the
existence of any such adverse interests,whether existing or withdrawal or change,whether
potential. This duty shall continue as long as the Term. voluntary,involuntary or by operation
The determination as to whether or when a conflict may of law,of the partners,or transfer of
potentially exist shall ultimately be made by the County partnership interests(other than the
Attorney after full disclosure is obtained. purchase of partnership interests by
existing partners,by the partnership
14. Cooperation on Claims itself or the immediate family members
by reason of gift,sale or devise),or the
The Contractor and the County shall render diligently to dissolution of the partnership without
each other,without compensation,any and all cooperation immediate reconstitution thereof,and
that may be required to defend the other party,its
employees and designated representatives,against any ii.) if the Contractor is a closely held
claim,demand or action that may be brought against the corporation(i.e.whose stock is not
other party,its employees or designated representatives publicly held and not traded through an
arising out of,or in connection with,the Contract. exchange or over the counter):
15. Confidentiality 1. the dissolution,merger,
consolidation or other
Any document of the County,or any document created by reorganization of the Contractor;
the Contractor and used in rendering the Services,shall and
remain the property of the County and shall be kept 2. the sale or other transfer of twenty
confidential in accordance with applicable laws,rules,and percent(20%)or more of the
regulations. shares of the Contractor(other
than to existing shareholders,the
16. Assignment and Subcontracting corporation itself or the immediate
family members of shareholders
a. The Contractor shall not delegate its duties under by reason of gift,sale or devise).
the Contract,or assign,transfer,convey,
subcontract,sublet,or otherwise dispose of the b. If the Contractor is a not-for-profit corporation,a
Contract,or any of its right,title or interest change of twenty percent(20%)or more of its
therein,or its power to execute the Contract,or shares or members shall be deemed a Permitted
assign all or any portion of the monies that may Transfer.
be due or become due hereunder,(collectively
referred to in this paragraph 16 as"Assignment"), C. The Contractor shall notify the County in writing,
to any other person,entity or thing without the which notice(the"Transfer Notice")shall
prior written consent of the County,and any include:
attempt to do any of the foregoing without such
consent shall be void ab initio. i.) the proposed effective date of the
Permitted Transfer,which shall not be
b. Such Assignment shall be subject to all of the less than thirty(30)days nor more than
provisions of the Contract and to any other one hundred eighty(180)days after the
condition the County requires. No approval of date of delivery of the Transfer Notice;
any Assignment shall be construed as enlarging
any obligation of the County under the terms and ii.) a summary of the material terms of the
provisions of the Contract. No Assignment of the proposed Permitted Transfer;
Contract or assumption by any person of any duty
of the Contractor under the Contract shall iii.) the name and address of the proposed
provide for,or otherwise be construed as, transferee;
releasing the Contractor from any term or
provision of the Contract. iv.) such information reasonably required
by the County,which will enable the
17. Changes to Contractor County to determine the financial
responsibility,character,and reputation
a. The Contractor may,from time to time,only with of the proposed transferee,nature of the
the County's written consent,enter into a proposed assignee/transferee's business
Permitted Transfer. For purposes of the and experience;
Contract,a Permitted Transfer means:
V.) all executed forms required pursuant to
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Article W of the Contract,that are Services provided pursuant to this Contract shall contain
required to be submitted by the the following statement in clear and legible print:
Contractor;and
"This publication is fully or partially funded
vi.) such other information as the County by the County of Suffolk."
may reasonably require.
21. Copyrights and Patents
d. The County agrees that any request for its
consent to a Permitted Transfer shall be granted, a. Copyrights
provided that the transfer does not violate any
provision of the Contract,and the transferee has If the work of the Contractor should result in the
not been convicted of a criminal offense as production of original books,manuals,films,or
described under Article II of Chapter 189 of the other materials for which a copyright may be
Suffolk County Code. The County shall grant or granted,the Contractor may secure copyright
deny its consent to any request of a Permitted protection. However,the County reserves to
Transfer within twenty(20)days after delivery to itself,and the Contractor hereby gives to the
the County of the Transfer Notice,in accordance County,and to any other person designated by
with the provisions of Paragraph 26 of Article the County,a royalty-free,nonexclusive license
III of the Contract. If the County shall not give to produce,reproduce,publish,translate,or
written notice to the Contractor denying its otherwise use any such materials.
consent to such Permitted Transfer(and setting
forth the basis for such denial in reasonable b. Patents
detail)within such twenty(20)-day period,then
the County shall be deemed to have granted its If the Contractor makes any discovery or
consent to such Permitted Transfer. invention during the Term,as a result of work
performed under the Contract,the Contractor
e. Notwithstanding the County's consent, may apply for and secure for itself patent
protection. However,the County reserves to
i.) the terms and conditions of the itself,and the Contractor hereby gives to the
Contract shall in no way be deemed to County,and to any other person designated by
have been waived or modified;and the County,a royalty-free,nonexclusive license
to produce or otherwise use any item so
such consent shall not be deemed discovered or patented.
consent to any further transfers.
22. Arrears to County
18. No Intended Third Party Beneficiaries
Contractor warrants that,except as may otherwise be
The Contract is entered into solely for the benefit of the authorized by agreement,it is not in arrears to the County
County and the Contractor. No third party shall be deemed upon any debt,contract,or any other lawful obligation,and
a beneficiary of the Contract and no third party shall have is not in default to the County as surety.
the right to make any claim or assert any right under the
Contract.
23. Lawful Hiring of Employees Law in Connection
with Contracts for Construction or Future
19. Certification as to Relationships Construction
The Contractor certifies under penalties of perjury that, In the event that the Contract is subject to the Lawful
other than through the funds provided in the Contract and Hiring of Employees Law of the County of Suffolk,Suffolk
other valid agreements with the County,there is no known County Code Article II of Chapter 353,as more fully set
spouse,life partner,business,commercial,economic,or forth in the Article entitled"Suffolk County Legislative
financial relationship with the County or its elected Requirements,"the Contractor shall maintain the
officials. The Contractor also certifies that there is no documentation mandated to be kept by this law on the
relationship within the third degree of consanguinity, construction site at all times. Employee sign-in sheets and
between the Contractor,any of its partners,members, register/log books shall be kept on the construction site at
directors,or shareholders owning five(5%)percent or all times and all covered employees,as defined in the law,
more of the Contractor,and the County. shall be required to sign such sign-in sheets/register/log
books to indicate their presence on the construction site
20. Publications during such working hours.
Any book,article,report,or other publication related to the
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24. Certification Regarding Lobbying
Together with this Contract and as a condition precedent to
its execution by the County,the Contractor shall have
executed and delivered to the County the Certification
Regarding Lobbying(if payment under this Contract may
exceed$100,000)as required by Federal regulations,and
shall promptly advise the County of any material change in
any of the information reported on such Certification,and
shall otherwise comply with,and shall assist the County in
complying with,said regulations as now in effect or as
amended during the term of this Contract.
25. Record Retention
The Contractor shall retain all accounts,books,records,
and other documents relevant to the Contract for seven
(7)years after final payment is made by the County.
Federal,State,and/or County auditors and any persons
duly authorized by the County shall have full access
and the right to examine any of said materials during
said period. Such access is granted notwithstanding
any exemption from disclosure that may be claimed for
those records which are subject to nondisclosure
agreements,trade secrets and commercial information
or financial information that is privileged or
confidential Without limiting the generality of the
foregoing,records directly related to contract
expenditures shall be kept for a period of ten(10)years
because the statute of limitations for the New York
False Claims Act(New York False Claims Act§ 192)
is ten(10)years.
26. 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 1 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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County Department of Labor—Living Wage Unit Notice of
Article IV Application for County Compensation(Contract)."
Suffolk County Legislative Requirements
Suffolk County Living Wage Form LW-38;entitled
NOTE:THE CONTRACTOR'S COMPLETED LEGISLATIVE "Suffolk County Department of Labor—Living Wage Unit
REQUIRED FORMS REFERENCED HEREIN ARE Living Wage Certification/Declaration—Subject To
AVAILABLE ON FILE AT THE COUNTY ATTORNEY'S Audit."
OFFICE AND THE DEPARTMENT NAMED ON THE
SIGNATURE PAGE OF THIS CONTRACT. 3. Use of County Resources to Interfere with Collective
Bargaining Activities
1. Contractor'sNendor's Public Disclosure Statement It shall be the duty of the Contractor to read,become
familiar with,and comply with the requirements of Article I
It shall be the duty of the Contractor to read,become of Chapter 803 of the Suffolk County Code.
familiar with,and comply with the requirements of section
A5-7 of Article V of the Suffolk County Code, County Contractors(as defined by section 803-2)shall
comply with all requirements of Chapter 803 of the Suffolk
Unless certified by an officer of the Contractor as being County Code,including the following prohibitions:
exempt from the requirements of section A5-7 of Article V
of the Suffolk County Code,the Contractor represents and a. The Contractor shall not use County funds to
warrants that it has filed with the Comptroller the verified assist,promote,or deter union organizing.
public disclosure statement required by Suffolk County
Administrative Code Article V,section A5-7 and shall file b. No County funds shall be used to reimburse the
an update of such statement with the Comptroller on or Contractor for any costs incurred to assist,
before the 31 st day of January in each year of the promote,or deter union organizing.
Contract's duration. The Contractor acknowledges that
such filing is a material,contractual and statutory duty and C. No employer shall use County property to hold a
that the failure to file such statement shall constitute a meeting with employees or supervisors if the
material breach of the Contract,for which the County shall purpose of such meeting is to assist,promote,or
be entitled,upon a determination that such breach has deter union organizing.
occurred,to damages,in addition to all other legal
remedies,of fifteen percent(15%)of the amount of the If the Services are performed on County property,the
Contract. Contractor must adopt a reasonable access agreement,a
neutrality agreement,fair communication agreement,non-
Required Form: intimidation agreement,and a majority authorization card
Suffolk County Form SCEX 22;entitled agreement.
"Contractor'sNendor's Public Disclosure Statement"
If the Services are for the provision of human services and
2. Living Wage Law are not to be performed on County property,the Contractor
must adopt,at the least,a neutrality agreement.
It shall be the duty of the Contractor to read,become Under the provisions of Chapter 803,the County shall have
familiar with,and comply with the requirements of Chapter the authority,under appropriate circumstances,to terminate
575,of the Suffolk County Code. the Contract and to seek other remedies as set forth therein,
This Contract is subject to the Living Wage Law of the for violations of this Law.
County of Suffolk. The law requires that,unless specific Required Form:
exemptions apply,all employers(as defined)under service Suffolk County Labor Law Form DOL-LO 1;entitled
contracts and recipients of County financial assistance,(as "Suffolk County Department of Labor—Labor Mediation
defined)shall provide payment of a minimum wage to Unit Union Organizing Certification/Declaration-Subject
employees as set forth in the Living Wage Law. Such rate to Audit."
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 4. Lawful Hiring of Employees Law
shall have the authority,under appropriate circumstances,
to terminate the Contract and to seek other remedies as set It shall be the duty of the Contractor to read,become
forth therein,for violations of this Law. familiar with,and comply with the requirements of Article
II of Chapter 353 of the Suffolk County Code.
Required Forms:
This Contract is subject to the Lawful Hiring of Employees
Suffolk County Living Wage Form LW-1;entitled"Suffolk Law of the County of Suffolk.It provides that all covered
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employers,(as defined),and the owners thereof,as the case The documentation mandated to be kept by this law shall at
may be,that are recipients of compensation from the all times be kept on site. Employee sign-in sheets and
County through any grant,loan,subsidy,funding, register/log books shall be kept on site at all times during
appropriation,payment,tax incentive,contract, working hours and all covered employees,as defined in the
subcontract,license agreement,lease or other financial law,shall be required to sign such sign-in
compensation agreement issued by the County or an sheets/register/log books to indicate their presence on the
awarding agency,where such compensation is one hundred site during such working hours.
percent(100%)funded by the County,shall submit a
completed sworn affidavit(under penalty of perjury),the Required Forms:
form of which is attached,certifying that they have
complied,in good faith,with the requirements of Title 8 of Suffolk County Lawful Hiring of Employees Law Form
the United States Code Section 1324a with respect to the LHE-1;entitled"Suffolk County Department of Labor—
hiring of covered employees(as defined)and with respect Notice Of Application To Certify Compliance With Federal
to the alien and nationality status of the owners thereof. Law(8 U.S.C.Section 1324a)With Respect To Lawful
The affidavit shall be executed by an authorized Hiring of Employees."
representative of the covered employer or owner,as the
case may be;shall be part of any executed contract, Suffolk County Lawful Hiring of Employees Law Form
subcontract,license agreement,lease or other financial LHE-2;entitled"Affidavit Of Compliance With The
compensation agreement with the County;and shall be Requirements Of 8 U.S.C. Section 1324a With Respect To
made available to the public upon request. Lawful Hiring Of Employees"
All contractors and subcontractors(as defined)of covered 5. Gratuities
employers,and the owners thereof,as the case may be,that
are assigned to perform work in connection with a County It shall be the duty of the Contractor to read,become
contract,subcontract,license agreement,lease or other familiar with,and comply with the requirements of Chapter
financial compensation agreement issued by the County or 664 of the Suffolk County Code.
awarding agency,where such compensation is one hundred
percent(100%)funded by the County,shall submit to the The Contractor represents and warrants that it has not
covered employer a completed swom affidavit(under offered or given any gratuity to any official,employee or
penalty of perjury),the form of which is attached, agent of the County or the State or of any political party,
certifying that they have complied,in good faith,with the with the purpose or intent of securing an agreement or
requirements of Title 8 of the United States Code Section securing favorable treatment with respect to the awarding
1324a with respect to the hiring of covered employees and or amending of an agreement or the making of any
with respect to the alien and nationality status of the determinations with respect to the performance of an
owners thereof,as the case may be. The affidavit shall be agreement.
executed by an authorized representative of the contractor,
subcontractor,or owner,as the case may be;shall be part of 6, Prohibition Against Contracting with Corporations
any executed contract,subcontract,license agreement,lease that Reincorporate Overseas
or other financial compensation agreement between the
covered employer and the County;and shall be made It shall be the duty of the Contractor to read,become
available to the public upon request. familiar with,and comply with the requirements of sections
A4-13 and A4-14 of Article IV of the Suffolk County
An updated affidavit shall be submitted by each such Code.
employer,owner,contractor and subcontractor no later
than January 1 of each year for the duration of any contract The Contractor represents that it is in compliance with
and upon the renewal or amendment of the Contract,and sections A4-13 and A4-14 of Article IV of the Suffolk
whenever a new contractor or subcontractor is hired under County Code. Such law provides that no contract for
the terms of the Contract. consulting services or goods and services shall be awarded
by the County to a business previously incorporated within
The Contractor acknowledges that such filings are a the U.S.A.that has reincorporated outside the U.S.A.
material,contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach 7. Child Sexual Abuse Reporting Policy
of the Contract.
Under the provisions of the Lawful Hiring of Employees It shall be the duty of the Contractor to read,become
Law,the County shall have the authority to terminate the familiar with,and comply with the requirements of Article
Contract for violations of this Law and to seek other II of Chapter 880 of the Suffolk County Code.
remedies available under the law.
The Contractor shall comply with Article II of Chapter 880,
of the Suffolk County Code,entitled"Child Sexual Abuse
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Reporting Policy,"as now in effect or amended hereafter or institution,shall enter into such MOU as soon as possible after
of any other Suffolk County Local Law that may become the execution of the Contract and failure to enter into or to
applicable during the term of the Contract with regard to perform in accordance with such MOU shall be deemed to be a
child sexual abuse reporting policy. failure to perform in accordance with the Contract,for which
the County may withhold payment,terminate the Contract or
8. Non Responsible Bidder exercise such other remedies as may be appropriate in the
circumstances.
It shall be the duty of the Contractor to read,become
familiar with,and comply with the requirements of Article 12. Safeguarding Personal Information of Minors
II of Chapter 189 of the Suffolk County Code.
It shall be the duty of the Contractor to read,become familiar
Upon signing the Contract,the Contractor certifies that it with, and comply with the requirements of Suffolk County
has not been convicted of a criminal offense within the last Local Law No. 20-2013, a Local Law to Safeguard the
ten(10)years. The term"conviction"shall mean a finding Personal Information of Minors in Suffolk County.
of guilty after a trial or a plea of guilty to an offense All contract agencies that provide services to minors are
covered under section 189-5 of the Suffolk County Code required to protect the privacy of the minors and are strictly
under"Nonresponsible Bidder." prohibited from selling or otherwise providing to any third
party,in any manner whatsoever,the personal or identifying
9. Use of Funds in Prosecution of Civil Actions information of any minor participating in their programs.
Prohibited
It shall be the duty of the Contractor to read,become 13. Suffolk County Local Laws Website Address
familiar with,and comply with the requirements of Article Suffolk County Local Laws,Rules and Regulations
III of Chapter 893 of the Suffolk County Code. can be accessed on the homepage of the Suffolk
The Contractor shall not use any of the moneys,in part or County Legislature.
in whole,and either directly or indirectly,received under
the Contract in connection with the prosecution of any civil End of Text for Article IV
action against the County in any jurisdiction or any judicial
or administrative forum.
10. Youth Sports
It shall be the duty of the Contractor to read,become
familiar with,and comply with Article III of Chapter 730 of
the Suffolk County Code.
All contract agencies that conduct youth sports programs
are required to develop and maintain a written plan or
policy addressing incidents of possible or actual concussion
or other head injuries among sports program participants.
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.
11. Work Experience Participation
If the Contractor is a not-for-profit or governmental agency or
institution,each of the Contractor's locations in the County at
which the Services are provided shall be a work site for public-
assistance clients of Suffolk County pursuant to Chapter 281 of
the Suffolk County Code at all times during the Term of the
Contract. If no Memorandum of Understanding("MOU")with
the Suffolk County Department of Labor for work experience is
in effect at the beginning of the Term of the Contract,the
Contractor,if it is a not-for-profit or governmental agency or
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Article V Control. Documentation,including any other
General Fiscal Terms and Conditions form(s)required by County or the Suffolk
County Department of Audit and Control,shall
1. General Payment Terms be furnished to the County pursuant to,and as
limited by,the Regulations for Accounting
a. Presentation of Suffolk County Payment Procedures for Contract Agencies of the Suffolk
Voucher County Department of Audit and Control. In
addition to any other remedies that the County
In order for payment to be made by the County to may have,failure to supply the required
the Contractor for the Services,the Contractor documentation will disqualify the Contractor
shall prepare and present a Suffolk County from any further County contracts.
Payment Voucher,which shall be documented by
sufficient,competent and evidential matter. Each C. Payment by County
Suffolk County Payment Voucher submitted for Payment by the County shall be made within
payment is subject to Audit at any time during
the Term or any extension thereof. This thirty(30)days after approval of the Suffolk
provision shall survive expiration or termination County Payment Voucher by the Comptroller.
of this Contract for a period of not less than
seven(7)years,and access to records shall be as d. Budget Modification
set forth in paragraph 25 of Article III,and
paragraph 4(b)of Article V. i.) The parties shall use the Contract
Budget Modification Request form
b. Voucher Documentation
("Budget Modification")for revisions
to the Budget and Services not
The Suffolk County Payment Voucher shall list involving an increase to the total cost
all information regarding the Services and other of the Contract.If the Contractor is
items for which expenditures have been or will be seeking such a modification,the
made in accordance with the Contract. Either Contractor shall contact the
upon execution of the Contract(for the Services Department to receive the form and
already rendered and expenditures already made), enter the required information. When
or not more than thirty(30)days after the the County and the Contractor agree as
expenditures were made,and in no event after the to such revisions,the Contractor shall
3151 day of January following the end of each year sign the Budget Modification form and
of the Contract,the Contractor shall furnish the return it to the County for execution
County with detailed documentation in support along with any other documentation the
of the payment for the Services or expenditures Department may require.
under the Contract e.g.dates of the Service,
worksite locations,activities,hours worked,pay ii.) Such request must be made in advance
rates and all program Budget categories. The of incurring any expenditure for which
the revision is needed.
Suffolk County Payment Voucher shall include
time records,certified by the Contractor as true
and accurate,of all personnel for whom iii.) Upon complete execution of the Budget
expenditures are claimed during the period. Modification form,the County shall
Time and attendance records of a project director, return a copy to the Contractor. The
if any,shall be certified by the Chairperson, revision shall not be effective until the
President or other designated member of the Budget Modification is completely
Board of Directors of the Contractor. All Suffolk executed.
County Payment Vouchers must bear a signature
as that term is defined pursuant to New York iv.) The Budget Modification form may be
State General Construction Law§46 by duly submitted only twice per calendar year
authorized persons,and certification of such and may only be submitted prior to
authorization with certified specimen signatures November 15th.ofthat year.
thereon must be filed with the County by a
Contractor official empowered to sign the e. Budget and/or Services Revisions
Contract. Disbursements made by the Contractor
in accordance with the Contract and submitted i.) The parties shall use the Contract
for reimbursement must be documented and must Budget/Services Revision Approval
comply with accounting procedures as set forth Form(Budget/Services Revisions)for
by the Suffolk County Department of Audit and revisions to the Budget and Services
involving any change to the total cost
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of the Contract due to a resolution of Contractor;and
the Legislature,changes to the
County's adopted annual budget,or for iii.) determine what amounts,if any,are
any other reason necessitating revisions reimbursable to the County by the
to the Budget or Services. Contractor and the terms and
conditions under which such
ii.) When the County and the Contractor reimbursement shall be paid.
agree as to such revisions,the
Department will enter the information C. The County may,during the Term,impose a
into the Budget/Services Revisions Budget Deficiency Plan. In the event that a
form and send it to the Contractor for Budget Deficiency Plan is imposed,the County
signature.The Contractor shall return it shall promptly notify the Contractor in writing of
to the County for execution along with the terms and conditions thereof,which shall be
any other documentation the deemed incorporated in and made a part of the
Department may require. Contract,and the Contractor shall implement
those terms and conditions in no less than
iii.) Upon complete execution of the form fourteen(14)days.
by the parties,the County shall return a 3. Personnel Salaries,Pension and Employee Benefit
copy to the Contractor. The revision Plans,Rules and Procedures
shall not be effective until the Budget
/Services Revisions is completely a. Upon request,the Contractor shall submit to the
executed. County a current copy,certified by the
f. Taxes Contractor as true and accurate,of its
The charges payable to the Contractor under the i.) salary scale for all positions listed in
Contract are exclusive of federal,state,and local
the Budget;
taxes,the County being a municipality exempt ii.) personnel rules and procedures;
from payment of such taxes.
iii.) pension plan and any other employee
g. Final Voucher benefit plans or arrangements.
The acceptance by the Contractor of payment of b. The Contractor shall not be entitled to
all billings made on the final approved Suffolk reimbursement for costs under any pension or
County Payment Voucher shall operate as and benefit plan the Comptroller deems commercially
shall be a release of the County from all claims unreasonable.
by the Contractor through the date of the
Voucher. C. Notwithstanding anything in this paragraph 3 of
this Article V,the County shall not be limited in
2. Subject to Appropriation of Funds requesting such additional financial information
it deems reasonable.
a. The Contract is subject to the amount of funds
appropriated each fiscal year and any subsequent 4. Accounting Procedures
modifications thereof by the County Legislature
and no liability shall be incurred by the County a. The Contractor shall maintain accounts,books,
beyond the amount of funds appropriated each records,documents,other evidence,and
fiscal year by the County Legislature for the accounting procedures and practices which
Services. sufficiently and properly reflect all direct and
indirect costs of any nature expended in the
b. If the County fails to receive Federal or State performance of the Contract,in accordance with
funds originally intended to pay for the Services, generally accepted accounting principles and
or to reimburse the County,in whole or in part, with rules,regulations and financial directives,as
for payments made for the Services,the County may be promulgated by the Suffolk County
shall have the sole and exclusive right to: Department of Audit and Control and the
Department. The Contractor shall permit
i.) determine how to pay for the Services; inspection and audit of such accounts,books,
records,documents and other evidence by the
ii.) determine future payments to the Department and the Suffolk County Comptroller,
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or their representatives,as often as,in their local authorities,the Contractor shall obtain the
judgment,such inspection is deemed necessary. services of an independent licensed public
Such right of inspection and audit as set forth in accountant or certified public accountant(the
subparagraph b.below shall exist during the "Auditor")to audit its financial statements for
Term and for a period of seven(7)years after each Contractor's"fiscal year"in which the
expiration or termination of the Contract. Contractor has received,or will receive,three
hundred thousand($300,000.00)dollars or more
b. The Contractor shall retain all accounts,books, from the County,whether under the Contract or
records,and other documents relevant to the other agreements with the County,and shall
Contract for seven(7)years after final payment is submit a report to the County on the overall
made by the County. Federal,State,and/or financial condition and operations of the
County auditors and any persons duly authorized Contractor,including a balance sheet and
by the County shall have full access and the right statement of income and expenses,attested by the
to examine any of said materials during said Auditor as fairly and accurately reflecting the
period. Such access is granted notwithstanding accounting records of the Contractor in
any exemption from disclosure that may be accordance with generally accepted accounting
claimed for those records which are subject to principles. The Contractor may solicit requests
nondisclosure agreements,trade secrets and for proposals from a number of qualified
commercial information or financial information accounting firms and review carefully the costs
that is privileged or confidential. of,and qualifications for,this type of work before
C. The Contractor shall utilize the accrual basis of selecting the Auditor.
accounting and will submit all financial reports b. The Auditor should be required to meet the
and claims based on this method of accounting following minimum requirements:
during the Term. i.) a current license issued by
the New York State
5. Audit of Financial Statements
Education Department;
a. All payments made under the Contract are ii.) sufficient auditing experience
subject to audit by the Comptroller pursuant to in the not-for-profit,
Article V of the Suffolk County Charter. The governmental or profit-
Contractor further agrees that the Comptroller making areas,as applicable;
and the Department shall have access to and the and
right to examine,audit,excerpt,copy or iii,) a satisfactory peer review
transcribe any pertinent transactions or other issued within not more than
records relating to services under the Contract. If three(3)years prior to the
such an audit discloses overpayments by the date when the Auditor was
County to the Contractor,within thirty(30)days selected to conduct the audit.
after the issuance of an official audit report by the
Comptroller or his duly designated C. The audit must be conducted in accordance with
representatives,the Contractor shall repay the generally accepted governmental auditing
amount of such overpayment by check to the standards. Financial statements must clearly
order of the Suffolk County Treasurer or shall differentiate between County-funded programs
submit a proposed plan of repayment to the and other programs that the Contractor may be
Comptroller. If there is no response,or if operating. The use of subsidiary schedules
satisfactory repayments are not made,the County should be encouraged for this purpose. The
may recoup overpayments from any amounts due Auditor must also prepare a Management Letter
or becoming due to the Contractor from the based on the audit.
County under the Contract or otherwise.
d. In the event the Contractor is a not-for-profit
b. The provisions of this paragraph shall survive the organization or unit of local government and
expiration or termination of the Contract for a expends five hundred thousand($500,000.00)
period of seven(7)years,and access to records dollars or more of Federal monies,whether as a
shall be as set forth in paragraph 25 of Article III, recipient expending awards received directly
and paragraph 4(b)of Article V. from Federal awarding agencies,or as a
subrecipient expending Federal awards received
6. Financial Statements and Audit Requirements from a pass-through entity,such as New York
State or Suffolk County,during any fiscal year
a. Notwithstanding any other reporting or within which it receives funding under the
certification requirements of Federal,State,or Contract,the audit must be conducted,and the
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audit report("Single Audit Report")must be,in location and use,estimated unit price or cost,and
accordance with OMB Circular No.A-133 estimated total cost of the proposed order.
(revised June 27,2003). Single Audit Reports Written approval of the County shall be required
must also be submitted to the designated before the Contractor may proceed with such
clearinghouse,cognizant agency and/or pass- proposed purchase,rental or lease of furniture,
through entity,to the extent required by the OMB fixtures or equipment. All items purchased must
Circular referred to above. be new or like new unless specifically described
e. The Contractor must submit to the County a otherwise in the Budget.
statement in writing,certified by its chief
b. Purchase Practices/Proprietary Interest of
financial officer,which states the amount of County
Federal funding expended by the Contractor
during such fiscal year. The Contractor must i.) The Contractor shall follow the general
mail or deliver the certified statement to the practices that are designed to obtain
Department and to the Executive Director of furniture,fixtures, equipment,
Auditing Services,Suffolk County Department of materials,or supplies at the most
Audit and Control,H.Lee Dennison Building, reasonable price or cost possible.
100 Veterans Memorial Highway,P.O.Box
6100,Hauppauge,New York 11788-0099,as ii.) The County reserves the right to
soon as possible after the end of the Contractor's purchase or obtain furniture,fixtures,
fiscal year. The statement must include all
equipment,materials,or supplies for
Federal funding received directly from the the Contractor in accordance with the
Federal government and all Federal funds passed programmatic needs of the Contract. If
through from the County and other pass-through the County exercises this right,the
entities. amount budgeted for the items so
f. Copies of all financial statements,Management purchased or obtained by the County
Letters, Single Audit Reports and other audit for the Contractor shall not be available
reports must be transmitted to the County and to to the Contractor for any purpose
the Executive Director of Auditing Services at whatsoever. Title to any such items
the address set forth above. The reports must be purchased or otherwise obtained by the
submitted within thirty(30)days after completion County for the programs encompassed
of the audit,but in no event later than nine(9) by the Contract and entrusted to the
months after the end of the Contractor's fiscal Contractor,shall remain in the County.
year,to which the audit relates.
iii.) The County shall retain a proprietary
g. These requirements do not preclude the County, interest in all furniture,removable
the Comptroller,or their authorized fixtures,equipment,materials,and
representatives,or Federal or State auditors from supplies purchased or obtained by the
auditing all records of the Contractor. Therefore, Contractor and paid for or reimbursed
the records of the Contractor must be made to the Contractor pursuant to the terms
available to authorized representatives of Federal, of the Contract or any prior agreement
State and County government for that purpose. between the parties.
h. The provisions of this paragraph shall survive the
expiration or termination of the Contract. iv.) The Contractor shall attach labels
indicating the County's proprietary
7. Furniture,Fixtures,Equipment,Materials,Supplies interest or title in all such property.
a. Purchases,Rentals or Leases Requiring Prior C. County's Right to Take Title and Possession
Approval Upon the termination or expiration of the
Prior to placing any order to purchase,rent or Contract or any renewal thereof,the
lease any furniture,fixtures,or equipment valued discontinuance of the business of the Contractor,
in excess of one thousand dollars($1,000.00)per the failure of the Contractor to comply with the
unit for which the Contractor will seek terms of the Contract,the bankruptcy of the
reimbursement from the County,the Contractor Contractor,an assignment for the benefit of its
shall submit to the County a written request for creditors,or the failure of the Contractor to
approval to make such a proposed purchase, satisfy any judgment against it within thirty(30)
days of filing of the judgment,the County shall
rental or lease,with a list showing the quantity have the right to take title to and possession of all
and description of each item,its intended furniture,removable fixtures,equipment,
31 of 35 pages
ARTICLE V
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materials,and supplies and the same shall of the Services covered by the Contract,or at any
thereupon become the property of the County other time that the County may direct,the
without any claim for reimbursement on the part Contractor shall make access available and render
of the Contractor. all necessary assistance for physical removal by
the County or its designee of any or all furniture,
d. Inventory Records,Controls and Reports removable fixtures,equipment,materials or
supplies in the Contractor's custody in which the
The Contractor shall maintain proper and County has a proprietary interest,in the same
accurate inventory records and controls for all condition as such property was received by the
such furniture,removable fixtures and equipment Contractor,reasonable wear and tear excepted.
acquired pursuant to the Contract and all prior Any disposition,settlements or adjustments
agreements between the parties,if any. Three(3) connected with such property shall be in
months before the expiration date of the Contract, accordance with the rules and regulations of the
the Contractor shall make a physical count of all County and the State of New York,
items of furniture,removable fixtures and
equipment in its custody,checking each item S. Lease or Rental Agreements
against the aforesaid inventory records. A report
setting forth the results of such physical count If lease payments or rental costs are included in the Budget
shall be prepared by the Contractor on a form or as an item of expense reimbursable by the County,the
forms designated by the County,certified and Contractor shall promptly submit to the County,upon
signed by an authorized official of the request,any lease or rental agreement. If during the Term,
Contractor,and one(1)copy thereof shall be the Contractor shall enter into a lease or rental agreement,
delivered to the County within five(5)days after or shall renew a lease or rental agreement,the Contractor
the date set for the aforesaid physical count. shall,prior to the execution thereof,submit such lease or
Within five(5)days after the termination or rental agreement,to the County for approval.
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, 9. Statement of Other Contracts
certified and signed by an authorized official of
the Contractor,based on a physical count of all Prior to the execution of the Contract,the Contractor shall
items of furniture,removable fixtures and submit a Statement of Other Contracts to the County. If the
equipmennt on the aforesaid expiration date,and Contract is amended during the Term,or if the County
revised, necessary,to include any inventory exercises its option right,the Contractor shall submit a then
changes during the last three(3)months of the current Statement of Other Contracts.
Term.
10. Miscellaneous Fiscal Terms and Conditions
e. Protection of Property in Contractor's
Custody a. Limit of County's Obligations
The Contractor shall maintain vigilance and take The maximum amount to be paid by the County
all reasonable precautions to protect the furniture, is set forth on the first page of the Contract.
fixtures,equipment,material or supplies in its
custody against damage or loss by fire,burglary, b. Duplicate Payment from Other Sources
theft,disappearance,vandalism,or misuse.In the
event of burglary,theft,vandalism,or Payment by the County for the Services shall not
disappearance of any item of furniture,fixtures, duplicate payment received by the Contractor
equipment,material or supplies,the Contractor from any other source.
shall immediately notify the police and make a
record thereof,including a record of the results of C. Funding Identification
any investigation which may be made thereon. In
the event of loss of or damage to any item of The Contractor shall promptly submit to the
furniture,fixtures,equipment,materials,or County upon request,a schedule for all programs
supplies from any cause,the Contractor shall funded by the County,itemizing for each such
immediately send the County a detailed written program the sums received,their source and the
report thereon. total program budget.
f. Disposition of Property in Contractor's d. Outside Funding for Non-County Funded
Custody Activities
Upon termination of the County's funding of any Notwithstanding the foregoing provisions of the
32 of 35 pages
ARTICLE V
Law No. 15—AG IFMS No. 0000000
Rev. 8/11/14 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Contract,it is the intent of the County that the payable to the Contractor may be reduced at the
terms and conditions of the Contract shall not discretion of the County,provided that any such
limit the Contractor from applying for and termination or reduction shall not apply to
accepting outside grant awards or from providing allowable costs incurred by the Contractor prior
additional educational activities/services which to such termination or reduction,and provided
may result in the Contractor incurring additional that money has been appropriated for payment of
costs,as long as the following conditions are met: such costs.
i.) The County is not the Fund Source for g. Denial of Aid
the additional services;
If a State or Federal government agency is
ii.) Sufficient funding is available for or funding the Contract and fails to approve aid in
can be generated by the Contractor to reimbursement to the County for payments made
cover the cost incurred by the hereunder by the County to the Contractor for
Contractor to provide these additional expenditures made during the Term because of
services;and any act,omission or negligence on the part of the
iii.) If sufficient funding is not available or Contractor,then the County may deduct and
cannot be generated,the County shall withhold from any payment due to the Contractor
not be held liable for any of the an amount equal to the reimbursement denied by
additional costs incurred by the the state or federal government agency,and the
Contractor in furnishing such County's obligation to the Contractor shall be
additional services. reduced by any such amounts. In such an event,
if there should be a balance due to the County
iv.) Prior to scheduling any such additional after it has made a final payment to the
services on County-owned property, Contractor under the Contract,on demand by the
the Contractor shall obtain written County,the Contractor shall reimburse the
County approval. The Contractor shall, County for the amount of the balance due the
to the County's satisfaction,submit any County,payable to the Suffolk County Treasurer.
documentation requested by the The provisions of this subparagraph shall survive
Department reflecting the change,and the expiration or termination of the Contract.
identify the additional services to be
provided and the source of funding that h. Budget
shall be utilized to cover the
expenditures incurred by the Contractor The Contractor expressly represents and agrees
in undertaking the additional services. that the Budget lists all revenue,expenditures,
personnel,personnel costs and/or all other
e. Potential Revenue relevant costs necessary to provide the Services.
The Contractor shall actively seek and take i. Payment of Claims
reasonable steps to secure all potential funding
from grants and contracts with other agencies for Upon receipt of a Suffolk County Payment
programs funded by the County. Voucher,the County,at its discretion,may pay
the Contractor during the Term,in advance,an
f. Payments Contingent upon State/Federal amount not to exceed one sixth(1/6)of the
Funding maximum amount to be paid by the County set
forth on the first page of the Contract.
Payments under the Contract may be subject to
and contingent upon continued funding by State j, Payments Limited to Actual Net Expenditures
and/or Federal agencies. In the event payments
are subject to such funding no payment shall be The Contractor agrees that if,for any reason
made until the Contractor submits documentation whatsoever,the Contractor shall spend during the
in the manner and form as shall be required by Term for the purposes set forth in the Contract an
State and/or Federal agency. If late submission amount less than,or receive amounts more than,
of claims precludes the County from claiming provided in the Budget,the total cost of the
State or Federal reimbursement,such late claims Contract shall be reduced to the net amount of
by the Contractor shall not be paid by the County actual Contractor expenditures made for such
subject to subparagraph g.below,if,for any purposes. The total amount to be paid by the
reason,the full amount of such funding is not County shall not exceed the lesser of(i)actual
made available to the County,the Contract may net expenditures or(ii)the total cost of the
be terminated in whole or in part,or the amount Contract on the cover page and in the Budget.
33 of 35 pages
ARTICLE V
Law,No. 15—AG IFMS No. 0000000
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Upon termination or expiration of the Contract,if
the Contractor's total amount of allowable P. Comptroller's Rules and Regulations
expenses is less than the total amount of the
payments made during the Term,the Contractor The Contractor shall comply with the
shall prepare a check payable to the Suffolk "Comptroller's Rules and Regulations for
County Treasurer for the difference between the Consultant's Agreements"as promulgated by the
two amounts and submit such payment to the Department of Audit and Control of Suffolk
County,along with the final Suffolk County County and any amendments thereto during the
Payment Voucher. Term of the Contract. The"Comptroller's Rules
and Regulations for Consultant's Agreements"
k. Travel,Conference,and Meeting Attendance: and"SOP A-07 Amendment 1"may be viewed
SOP A-07 Amendment 1 online at the County's website,
SuffolkCountyny.gov;go to"Government,"then
Reimbursement to the Contractor for travel costs "Comptroller,"then"Consultant's Agreements."
shall not exceed amounts allowed to County
employees.All conferences that are partially or End of Text for Article V
fully funded by the County that the Contractor's
staff wishes to attend must be pre-approved,in
writing,by the County and must be in
compliance with Suffolk County Standard
Operating Procedure A-07 which may be viewed
online at the County's website,
SuffolkCountyny.gov;go to"Government,"then
"Comptroller,"then"Consultant's Agreements."
I. Salaries
The Contractor shall not be eligible to receive
any salary reimbursement until proof of deposit
or payment of all withholding and payroll taxes
to the Federal/State governments has been
provided to the County.
M. 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.
n. Contractor Vacancies
The County shall have the right of prior approval
of the Contractor's filling of any vacant position
as of the date of execution of the Contract or as
may thereafter become vacant,and,in the
exercise of that right.The County may
promulgate reasonable regulations involving
filling of vacancies which shall be deemed to be
incorporated by reference in,and be made part
of,the Contract,provided,however,that subject
to the availability of funding,approval for the
hiring of replacement clerical shall be a
Contractor determination.
o. 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.
34 of 35 pages
ARTICLE V
Lam-.No. 15—AG IFMS No. 0000000
Rev. 8/11/14 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Article VI
Budget
Town of Southold
AAA Transportation Program
April 1,2014—March 31, 2015
PERSONNEL $7,447
Driver 7,447
FRINGE 569
NET REIMBURSEMENT S&OjLfi
35 of 35 pages
ARTICLE VI
COUNTY OF SUFFOLK
RECEIVED Steven Bellone
COUNTY EXECUTIVE
OFFICE FOR THE AGING
C 4 ?014 Holly S.Rhodes-Teague
DIRECTOR
Town Attorney's Office
October 9, 2014
The Honorable Scott A. Russell D E C l� U E
Supervisor
Town of Southold
53095 Main Road, P.O. Box 1179 [-
OCT 14 2014
Southold, New York 11971
RE: AAA Transportation SUPERVISOR'S OFFICE
IFMS No. 00000006593 t TOWN OF SOUTHOLD
Dear Supervisor Russell:
The fully executed Agreement referenced above is enclosed for your files.
Attached is a copy of All Department Heads Memorandum 30-97 explaining budget modification
requirements. Any budget modification not meeting these requirements may be delayed or rejected by
the Budget Office.
Also enclosed find the Notification of Rights, which must be posted as part of your compliance with Local
Law No. 12-2001, the Living Wage Law.
If you require any further information, please contact Mary-Valerie Kempinski at 853-8209.
Sincerely,
f
1
�oanneandell
Principal Accountant
JK:MVK:kb
Enc.
cc: Mary-Valerie Kempinski
Ellen Frankino
Karen McLaughlin
G:ISLEVIMVKformlettersV-tr4Bfullyexec.ADH.NOR.Town=doc
H.LEE DENNISON BUILDING ♦ 100 VETERANS MEMORIAL HIGHWAY ♦ P.O.BOX 6100 ♦ HAUPPAUGE,N.Y.11788-0099
♦ PHONE(631)853-8200 ♦FAX(631)853-8225
M
r
30-97
OFFICE OF THE COUNTY EXECUTIVE
ALL-DEPARTMENT HEADS
+ ��ti� •-. ,. . MEMORANDUM .
IKtlE���
�® DATE: June 10
1997
CONTRACT AGENCY BUDGET MODIFICATIONS
This memorandum applies to those departments who pay contract agencies from the Operating
Budget 4770 or 4980 objects.
On August 29, 1995,ADH 47-95 was issued to resolve problems which had developed regarding
the procedures and requirements for modifying contract agency budgets. In early 1997,there
were again problems with timeliness and the reasons for modifications for certain departments
involving 1996 contracts.
Departments who deal with contract agencies have a major responsibility in the processing of
contract budget modifications. Therefore,the attached procedures, which take effect with all
1997 contracts should be closely followed. Please.distribute these procedures to all of your
contract agencies.
If there are any questions regarding this ADH,please contact your department's Budget
Examiner.
ERIC A. KOP
Chief Deputy County Executive
Distribution
Department Heads
Attachment
V
��� 11 1991
f
B UD GET MO.DIFIC�(TION,S'
REOUIREMEN7S; .
l. Non-equipment requests for contract budget modifications Inustbe received at theCvun
Executive's Bud et Office no later than 45 calendar days prior to the end of the contract
fiscal year. Equipment modifications must be received 90 calendar days prior to the end
of the contract fiscal year.
2. Under no circumstances can expenditures for which a budget modification is being
requested be made RrLor to the approval of the modification by the Budget Office.
3. An agency will be restricted to three approved modifications per year.
4. Each line item requested to be modified must be'fully,justified and must be directs
related to the intent of the program. Y
5. Any transfers to increase salary rates of contract employees,create new positions
change the title of a position,must be submitted prior to the rate increase bei or
the position being filled. The Budget Office will of given or
The onlyex is approve ntioactive salary increases.
exception applies to a retroactive labor agreement between an a enc
union bargaining unit(s). g y and their
6. Budget modifications cannot increase the dollar amount of the contract.
.,PROCEDURE;
1• Pour copies of the proposed budget modification and one copy of the justification
including a letter from the agency requesting the change,should be forwarded to the
Budget Office with the department's recommendation within fifteca(15)calendar
days.of receipt of the request by the department.
2. The justification must include the effort of the modification on the program,'changes is
the available reimbursement to the County, if any, the additional dollar amount which
will-be paid to the agency,and the dollar amount of reimbursement to the County, if the
modification is approved.
3. If the contract is funded under a Federal or State grant, or State reimburseffient,the
Department Head must advise in the transmittal memo whether State or Federal approval
for the modification is required and whether the attached documentation showing the
change has been approved by the funding agency.
4. The budget modification format must indicate the line item,the current budget amount,
the amount spent year to date, the new amount of the line item and the dollar amount of
the change.
NOTIFICATION OF RIGHTS UNDER
THE LIVING WAGE LAW
According to the provisions of Local Law #12-2001 (the Living Wage law) enacted
by Suffolk County in July of 2001, a living wage rate was established. The Living
Wage shall be adjusted each year in proportion to the increase of the area
Consumer Price Index. Effective January 1, 2014, the Living Wage will increase to
$11.74 per hour with health benefits and $13.37 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.