HomeMy WebLinkAboutSC Office for the Aging - Residential Repair ProgramRESOLUTION 2015-654
ADOPTED
DOC ID: 11027
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-654 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 14,2015:
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 community services for the Elderly Residential Repair
Program for the period April 1, 2015 through March 31, 2016, at no cost to the Town, subject to
the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: ' Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
. Law No. 16—AG _oj� ORIGINAL IFMS No. 0000000 3147
Rev. 6/17/15 001-6777/JKD1-4980-95285
Line Item/Omnibus Grant—Community Services for the Elderly—Residential Repair
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
the H. Lee Dennison Building, 100 Veterans Memorial Highway,P.O. Box 6100,Hauppauge, New York 11788-
0099; and
Town of Southold ("the Contractor"),a New York Municipal Corporation, having an address at 53095
Main Road,PO Box 1179, Southold,New York 11971.
The Contractor has been designated to receive funds from the County for a Residential Repair Program for
the Elderly("the Services") as set forth in Article I, entitled"Description of Services."
Term of the Contract: April 1, 2015 through March 31, 2016;with an option,to be exercised at the County's
discretion,to September 30, 2016 on the same terms and conditions herein.
Units of Service: 950 Units of Residential Repair Services
145 Unduplicated Persons
Total Cost of the Contract: Shall not exceed $19,380.00, to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through VI,attached hereto and made a part hereof.
In Witness Whereof,the parties hereto have executed the Contract s of the latest date written below.
Town of Sout old County offolk
By: Z / —
Sc A. Russell By.
Supervisor Dennis M. Cohen
Fed. Tax ID#: 11-6001939 Chief Deputy County Executive
Date Date
„p - I hereby Approved:
certifies under penalties of perjury that I/am an officer of Department
71�_
n f.)dl O-Jr— S-0 L(, O l that I have By:
Holly odes-Teague
read and I am familiar with§A5-8 of Article V of the Suffolk Director,Officq for the Aging
County Code,and that —7-0 W I O`T �a79(co/ meets Date D 6-11 �
all requirements uglify for exemption thereunder.
Name Date p Recommended:
Approved as to Form: By:
Dennis M. Bro n Linda Halliday
Suffolk C u Attorne Senior Casewor cer
By: Date (s
4ar# orter
Assi ant County Attom y
Date
0033842
1 of 35 pages
ARTICLE I
Law No. 16-AG IFMS No. 0000000
Rev. 6/17/15 001-6777/JKD1-4980-95285
Line Item/Omnibus Grant-Community Services for the Elderly-Residential Repair
List of Articles
ArticleI .............................................................................................................................................................................5
Descriptionof Services..........................................................................................................................................................5
1. Conflicting Provisions .......................................................................................................................... 5
ArticleIA ...........................................................................................................................................................................14
GrievanceProcedures.........................................................................................................................................................14
ArticleII ...........................................................................................................................................................................16
Definitions ...........................................................................................................................................................................16
1. Meanings of Terms............................................................................................................................. 16
2. Elements of Interpretation................................................................................................................... 17
ArticleIII ...........................................................................................................................................................................18
GeneralTerms and Conditions..........................................................................................................................................18
1. Contractor Responsibilities................................................................................................................. 18
2. Termination......................................................................................................................................... 19
3. Indemnification and Defense .............................................................................................................. 19
4. Insurance............................................................................................................................................. 19
5. Independent Contractor.......................................................................................................................20
6. Severability......................................................................................................................................... 20
7. Merger;No Oral Changes................................................................................................................... 20
8. Set-Off Rights..................................................................................................................................... 20
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 .......................................................................................................................21
15. Confidentiality ....................................................................................................................................21
16. Assignment and Subcontracting.......................................................................................................... 21
17. Changes to Contractor.........................................................................................................................22
18. No Intended Third Party Beneficiaries................................................................................................23
19. Certification as to Relationships.........................................................................................................23
20. Publications.........................................................................................................................................23
21. Copyrights and 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. Contract Agency Performance Measures and Reporting Requirements-Local Law No. 41-2013...24
27. Notice..................................................................................................................................................24
ArticleIV ...........................................................................................................................................................................25
SuffolkCounty Legislative Requirements.........................................................................................................................25
1. Contractor's/Vendor's Public Disclosure Statement..........................................................................25
2. Living Wage Law................................................................................................................................ 25
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ARTICLE I
Law•No. 16—AG IFMS No. 0000000
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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. Contract Agency Performance Measures and Reporting Requirements............................................. 27
14. 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 Interest 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
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.................................................................... 33
e. Potential Revenue......................................................................................................................... 33
f. Payments Contingent upon State/Federal Funding....................................................................... 33
g. Denial of Aid................................................................................................................................. 33
h. Budget........................................................................................................................................... 33
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ARTICLE I
Law'No. 16—AG IFMS No. 0000000
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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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ARTICLE I
' Law No. 16—AG IFMS No. 0000000
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Line Item/Omnibus Grant—Community Services for the Elderly—Residential Repair
Article I
Description of Services
CSE Residential Repair
Whereas, the Contractor has been identified in the 2015 Suffolk County Adopted Budget under the pseudo code
as listed on page one of the Contract to receive funding to perform the Services for the Department; and
Whereas, the provision of residential repair services, designed to help keep elderly residents independent and
safe at home is in the best interest of the County and the elderly residents of Suffolk County; and
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 Residential Repair Program ("Program") is to provide persons aged sixty (60) or over, who are in
need, with minor repair and renovation assistance to remediate or upgrade substandard, unsuitable or
unsafe housing, including, but not limited to,handicapped modifications or crime prevention
modifications.
The Program provides the required labor and recipients pay for necessary supplies and materials.
Persons aged sixty (60) and over who are incapable of maintaining their homes because of illness,
incapacity, handicap or absence of a caretaker relative are eligible to receive services.
3. General Terms and Conditions
In general,but without limitation, the Contractor shall be required to meet the criteria listed below:
a. The Contractor and all of their subcontractors shall adhere to the terms of the Department's New
York State (NYS) Area Plan, to the extent that the program is a part thereof, and the Department
agrees to make the NYS Area Plan available to the Contractor.
b. The Contractor is to afford priority to servicing those elderly persons whom New York State has
identified as the target population(minority, low-income, frail, and vulnerable) in accordance
with paragraph 7 below.
C. The Contractor may not impose a means test of eligibility. No income or asset information may
be used to determine eligibility for service notwithstanding any other provisions of this
Agreement.
d. Persons eligible for or receiving the same or a similar service under another government-funded
program are not eligible for this service. However, determination of eligibility must be done on
an individual basis recognizing specific circumstances as they pertain to the person's need.
e. The Contractor may not charge any fees for services.
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ARTICLE I
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4. Administration
Overall administration of this program will be the responsibility of the Contractor. The Contractor or its
designee will insure proper implementation and direction of the services, act as liaison between the
Department and the actual recipients of service and insure accuracy and timeliness of submission of all reporting
forms and expenditures.
5. Contractor's Staff
a. The Contractor shall employ adequate numbers of qualified staff, which may include volunteers,
and supervisory personnel to meet all the specifications and responsibilities of the program in an
orderly,punctual and reliable manner. All meetings and trainings required by the County are to
be attended by the appropriate staff. The Contractor will have on file with the Department the
procedures to be followed by workers and other staff in case of emergency.
b. The Department has the right to review and approve Contractor's staff applicable to the Program.
C. The provisions of this paragraph 5 are in addition to the provisions of Article V,paragraph 10,
subparagraph n.
6. Coordination
The Contractor shall coordinate the delivery of services with other providers and organizations to
provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish
this, the Contractor will undertake activities such as but not limited to participation in inter-agency
meetings, coordination of referrals and follow-ups with other local service providers,entering into
agreements with other organizations for joint efforts and/or funding, centralized assessment and
maintaining up-to-date resource materials both within and outside the Contractor's organization.
7. Targeting and Outreach
a. The Contractor,to the extent it has discretion regarding to whom it will provide services, must
give preference to providing services to those unserved and underserved older adults in greatest
social or economic need,particularly those who are low income, low income minorities, older
adults with limited English proficiency,Native Americans, and frail/persons with disabilities and
older adults residing in rural areas in accordance with their need for such services, and to meet
specific objectives established by the Department for providing services to the above groups
within the PSA, (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)).
b. The Contractor agrees to concentrate the services on older adults in the targeted populations
identified by the Department following the methods the Department has established for
complying with the targeting requirements under the OAA and the Equal Access and Targeting
Policy issued by the New York State Office for the Aging. 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
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ARTICLE I
Law No. 16–AG IFMS No. 0000000
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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).
C. The following 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;
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ARTICLE I
Law No. 16–AG IFMS No. 0000000
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Line Item/Omnibus Grant–Community Services for the Elderly–Residential Repair
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).
Disabled —Any person who has a physical or mental impairment which substantially
limits one or more major life activities, has a record of such impairment, or is regarded as
having such impairment. This includes alcoholism and drug addiction.
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 adopt staffing procedures which provide for services to be delivered in a
language other than English in areas where a significant number of clients do not speak English
as their principal language.
C. The Contractor shall provide maximum accessibility to those older adults in greatest economic or
social need, and ensure that new sites be free from architectural barriers that limit participation of
disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1)). Accessibility
requirements include provision of services and assistive devices (including assistive technology
services and devices) designed to meet the unique needs of older individuals who are disabled,
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ARTICLE I
Law No. 16—AG IFMS No. 0000000
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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, note takers,
computer-aided transcription services, written materials, telephone handset
amplifiers, assistive listening systems, telephones compatible with hearing aids,
closed caption decoders, open and closed captioning, telecommunications devices
for deaf persons (TDDs), videotext displays, and exchange of written notes.
• For individuals with vision impairments: qualified readers,taped texts, audio
recordings, Brailed materials, large print materials, and assistance in locating
items.
• For individuals with speech impairments: TDDs, computer terminals, speech
synthesizers, and communication boards.
d. 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 AAAs and 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 must, at a minimum, maintain a telephonic interpretation service contract or
similar community arrangement with a language interpretation services provider of their choice.
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
One (1) unit of service is equal to one (1) hour of residential repair/renovation service.
a. The Contractor shall submit to the Department monthly reports covering program activity and
expenses incurred during the reporting period. Such reports must be submitted to the Department
by the tenth(10th)day of the month following the period being reported, and be on a form
specified by the Department and shall comply with all procedures required by the Department for the
proper payment of vouchers and audits.
b. Financial reports, or vouchers, also must never contain the names of the clients served, but may
be coded to indicate the particular client served.
C. The Contractor must at a minimum determine and maintain the following specific type of
demographic information for each individual receiving services.
Demographics
The Contractor must at a minimum determine and maintain the following specific type of
demographic information for each individual receiving services:
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ARTICLE I
Law No. 16—AG IFMS No.0000000
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• Name.
• Sex.
• Age.
• Disabled/Frail.
• Vulnerable.
• Live Alone.
• Low Income - The need resulting from an income level at or below 150%of the
poverty threshold, as established by the Bureau of the Census and updated
annually as follows:
Size of Family Unit 150 % of Poverty Threshold 185 % of Poverty Threshold
1 $17,655/year $21,775/year
2 $23,895/year $29,471/year
• Minority.
• Low Income Minority-those minority persons whose income is at or below 150%
of the poverty threshold.
10. Incident Reporting
a. The Contractor agrees to provide the Department with reports of all instances of claims,costs,
damages,and injuries to persons or property of whatsoever kind arising out of services provided under
this Agreement. All such notifications should be given to the Department immediately after the
incident,if possible,but in no case longer than five(5)days after the incident. The Contractor further
agrees to send the Department copies of all"notices of claim"or any other papers relating to litigation
it receives relating to the program covered under this Contract.
b. The Contractor will report at least verbally to the Department,within twenty four(24)hours any
incidents involving the client,whether the incident requires medical attention or not. A written
follow up of such incident shall be sent to the Department within five (5) days of occurrence. The
Contractor will report any circumstances outside normal events that affect the well-being of the
client, including deteriorating conditions and significant changes that might lead to unsafe
conditions for the client.
11. Confidentiality
Confidential records shall be maintained on each recipient. Reports, as required by the Department,
should not contain the names of any clients, and identifying codes should be used to indicate particular
clients served, if necessary.
a. The Contractor agrees that no personal information obtained from an individual in conjunction
with this program shall be disclosed in a form in which it is identified with the individual without
such individual's written consent to such disclosure, except to the Department.
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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. It is the responsibility of the Contractor to provide publicity for the program and to have an
identifying logo in equal sized lettering on any printed materials and on all brochures, flyers, and
advertisements (including without limitation television graphics), and on Program vehicles, as
follows:
Funded by the Department of Health and Human Services
through the New York State Office for the Aging
and the
Suffolk County Office for the Aging
b. Any announcements of the Program on radio or television must identify funding in the same
manner.
C. The provisions of this paragraph 12 supersede the provisions of paragraph 20 of Article III.
13. Contributions
a. The Contractor may not impose a means test of eligibility. No income or asset information may
be used to determine eligibility for service notwithstanding any other provisions of this Contract.
Any Suffolk resident sixty(60) years of age or older is eligible to receive this service.
b. The Contractor has the obligation to inform each recipient of the service, of the opportunity to
make a completely voluntary and anonymous contribution toward the cost of the service. Service
may not be denied, however, if a person is unable or unwilling to make a contribution. An audit
trail of all incoming contributions received must be reported monthly. All contributions are used
to expand the service. The letter sent to each recipient annually informing him/her of these facts
must include the sources of funding for the program and must include the following information:
Contributions to this (these) service(s) are completely voluntary and anonymous. Service will
not be denied if you are unable or unwilling to contribute. Any contribution you wish to make
will be used to expand the program and will be greatly appreciated.
C. The Contractor must encourage individuals with self-declared incomes at or above one hundred
eighty five percent(185%) of the federal poverty guideline to contribute at levels based on the
actual cost of services.
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
Contractor shall send each recipient an evaluation letter and survey in the form approved by the
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Department, informing him/her of the sources of funding for the program and including the following
information:
Contributions are welcomed and are used to expand this service.
15. Monitoring
a. Financial Transactions
The Department's staff and staff of the New York State Office for the Aging may examine or
review evidence regarding the existence, timing and classification of financial transactions that
are charged to the program for reimbursement. To obtain this evidence, such staff may examine
documentary evidence, including financial statements, financial reports, etc., and original
records. Such staff may make physical verification by actually observing or counting certain
assets (e.g., cash, equipment and supplies)to establish their physical existence.
b. Program
Subject to the limitations of client confidentiality,the contractor agrees to permit the
Department's staff and staff of the New York Office for the Aging to review program records and
to monitor training, supervision and services at any time.
16. Grievance Procedures
In accordance with§306(a)(6)(P)of the Older Americans Act,as amended(OAA)and NYS Regulations
6654.16,the Department has established a process for resolving complaints from older persons who are
dissatisfied with or denied services. The Contractor shall comply with the requirements of the Grievance
Procedures as set forth in Article IA-Grievance Procedures.
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ARTICLE I
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Contractor's Proposal and
Response for Targeting and Equal Access
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ARTICLE I
KAREN MCLAUGHLIN � � Nutrition Program
Town Director of Human ®SVF® 6(�® Home Delivered Meals
Services �,�® G�� Case Management
Town of Southold ,� Essential Transportation
P.O.Box 85 y Senior Adult Day Care/Katinka
750 Pacific Street House
Mattituck,NY 11952 @ Alzheimer's Day Care
Tel.(631)298-4460QQ �°� Telephone Reassurance
Fax(631)298-4462 Residential Repair
SOUTHOLD TOWN
RESIDENTIAL REPAIR PROGRAM
Program Narrative 4/1/15- 3/31/16
The Residential Repair program is a service designed to help keep elderly residents safely in
their homes by assisting with minor repairs and eliminating existing safety hazards. The population of
aged 60+residents in Southold Town is approximately 32.23% according to 2010 census data. The
program provided 841.25 units of service to 136 seniors for the 2014/15 program year. This represents an
increase in both annual units provided and the number of seniors served as compared to the previous
program year. To date 5.8%of minority clients were served which exceeded our minority-targeting goal
of 3.47%.
Targeting and expanded outreach efforts will continue to be a major priority for the upcoming
year. In following guidelines set forth under the Older Americans Act, Southold Town Senior Services
continues our commitment to our goal of providing residential repair services to underserved and/or
minority elderly residents. According to the 2010 U.S.Census, 3.47%of the elderly residents in
Southold Town are minority. Southold Town Senior Services will ensure access for services to the four
target groups which have the greatest economic and social needs. These groups include minorities, low
income,frail and vulnerable persons aged 60 and older. Targeting groups for improved service will also
include those with Limited English Proficiency(LEP), lesbian,gay,bisexual, and.transgender(LGBT)
older adults.
Ensuring equal access to languages services for all is a high priority and is achieved through
a contract that has been established with Propio Language Services. Staff is aware of and trained in
the timely and appropriate use of these languages services.As a contractor with SCOFA, we willfully
comply with requirements of both the Equal Access to Services and Targeting Policy(I2-PI 08) and
the Telephonic Interpretation Policy(I2-IM-03)to meet our goal of increasing access to the most
vulnerable elderly,particularly those with limited English proficiency. Staff will ensure that those
with limited English proficiency (LEP) are informed of the availability of free language interpretation
assistance by providing written notice in languages the LEP person will understand at service
locations. In addition,signs are posted at the entrance of our senior center that highlight the free
service available to all seniors. We will also provide information on the Town's website and issue a
press release informing Southold residents, community service organizations and local churches
about the available language assistance.Access will also be provided via the Southold Town Justice
Court's comprehensive list of court interpreters available pursuant to section 387 of the Judiciary
Law.
We have increased visibility and expanded access to our services. In addition to our existing print
outreach activities of brochures,newspapers, senior center menus and activity calendars and we are
featured in Eastern Long Island Hospital's Seniors Options and Solutions Program newsletter that enjoys
town wide distribution. The website for the Town of Southold www.southoldtownny.gov is a great
resource and all activities,program announcements and updates are posted weekly. Important links for
programs and services and related forms can be easily accessed. In January, our Residential Repair,
Maintenance Mechanic,accompanied our home delivered meals drivers on their routes and delivered
flashlights donated by the local boy scouts.This outreach opportunity allowed him to inform seniors
about the Residential Repair Program and provide them with brochure for future reference. Community
Action for Southold Town's new Director,Linda Ruland,continues to communicate with our staff on
referrals involving individuals 60 years of age and older. Since CAST serves a large minority
component,this is an effective linkage. CAST also rotates through our community services room at the
center to improve service access to vulnerable seniors.Lastly, local pharmacies have been providing
information on our service to seniors and have been referring customers to Residential Repair for
installation of grab bars and other home safety equipment.
Lynne Richards, Southold Town Disabilities and ADA Coordinator now has an office on site at
the Senior Center one day per week to provide advocacy to town residents with disabilities and their
families. Seniors with disabilities can access various services including ADA compliance
questions/complaints and can receive assistance in identifying and applying for services. The Town also
assists income eligible seniors with necessary modifications through the home repair program funded
with community development block grant funds. The Town has earmarked funding for 2014/15 for the
purchase of portable ramps to assist seniors in accessing their homes after temporary illness or injury.
Our Residential Repair Program will be continue to be available to install portable ramps,grab bars or
other adaptive devices to assist seniors in need of special equipment.
In 2010 Southold Senior Services partnered with the North Fork Woman for Woman Fund in
their NYSOFA's Community Empowerment Aging in Place Grant Program to expand and enhance
awareness of available services to the lesbian community on the North Fork. In 2011,we began working
with the SAGE organization to expand their activities and services to the LGBT community on the north
fork.
Additional outreach efforts include:
• Program highlighted in the Town-wide newsletter and quarterly recreation bulletin that is mailed
to all households.
• Residential Repair program information is featured in the Town's Recreation brochure which is
mailed to all residents on a quarterly basis.
• Placed brochures about town,in pharmacies,medical offices,&libraries.
• Featured in the Suffolk Times in articles, columns and editorials.
• Referrals from SAMS assessors for the homebound meals-on-wheels participants. Home safety is
reviewed with each client on our home visits and incorporated into all care plans.
• Featured regularly on our monthly menu.
• Word of mouth from.satisfied seniors.
• Church Bulletins.
• Featured on Southold Town Government Cablevision Channel 22.
• Announcements at the local senior meetings and monthly caregivers group.
Our projected unduplicated count of clients for the upcoming year will be 145 with an anticipated
950 units of service with projected contributions of$3,000.00. The procedure for implementing this
program will be carried out through Senior Services. Referrals are received from SAM's assessors,
seniors, family members,physicians, other outside agencies and individuals.Referrals will be taken at
the Senior Center and appointments made for our Maintenance Mechanic to inspect any work and
prepare a materials list along with a description of work to be performed. Our Maintenance Mechanic
will present the prepared list to the potential client along with the amount of money required for
materials. If approved by the client, an appointment will be made by the Senior Center for the
Maintenance Mechanic to complete the work. A materials purchase record will be provided to the client
and signed by both the client and worker. The Maintenance Mechanic will then perform the repair
duties, oversee the work done and inspect upon completion. Upon completion,a letter will be sent along
with a client comment form. The letter will indicate that all donations to the program are voluntary and
confidential and that no one will be denied service because of inability or unwillingness to pay and all
contributions are used to enhance the program.
Cheryl Kaswell, Residential Repair Coordinator,will schedule appointments,facilitate client contact,
time sheet records,materials records and monthly reports to the Suffolk County Office for the Aging.
The Town Director of Human Services will oversee implementation and direction of the program and be
responsible for client service, accuracy and timeliness of reporting and expenditures. The vouchering
process takes place in the accounting department by the Deputy Town Comptroller, Connie Solomon.
e
Kare cLaughlin
Tow Director of Human Services
Law No. 16—AG IFMS No. 0000000
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Article IA 3. Grievance Process
Grievance Procedures a. Filing of grievances must follow the
1. Purpose following process:
In accordance with §306 (a) (6) (P) of the i. Participants must submit their
Older Americans Act, as amended (OAA),the grievances in writing to the
Suffolk County Office for the Aging has Department's Program
established a process for resolving complaints Administrator.
from older persons who are dissatisfied with or
denied services funded under Title III of the ii. The grievance should be filed
Act. within thirty(30)days of
2. Notifying Participants of the Right to File a denial, reduction or
termination of services, or of
Grievance the event or circumstances
a. The Contractor shall inform all with which the participant is
participants in the program of the right dissatisfied. The Department's
to file a grievance. A summary of the Program Administrator may
procedures, including a statement that grant an extension for good
assistance to file shall be provided to cause shown.
older persons,must be prominently iii. The grievance should be filed
posted at service delivery sites or on the form approved by the
offices at which participants and service Department,which shall
applicants apply for services. include a written statement
Summaries must be in a format setting forth in detail the date,
approved by the Department and shall time and circumstances that are
also be written in languages other than the basis of the complaint.
English where required to serve the
client/applicant population. Service b. Investigation and Response to
participants shall be informed of the Grievance:
grievance procedures through written i. The designated reviewer who
and verbal statements provided to them performs the initial review
upon assessment and/or reassessment shall investigate the grievance,
for services. including, as appropriate,
b. A participant or applicant who is meeting with the grievant and
denied Title III services by the other persons involved in the
Contractor and the Department action(s)complained of or in
program monitor must be given the the denial of services.
reasons for the denial. The denial ii. The reviewer shall review all
shall be confirmed in writing and the pertinent facts and/or
applicant informed of the right to file documents, and shall
a grievance and to whom the determine whether the agency
grievance shall be addressed. For action was made in accordance
services which are applied for by with lawful procedures(that is,
telephone or verbally, in person,the consistent with applicable
client may be told of the right to file a OAA and or State laws,
grievance verbally.
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regulations and policies) and overturn the decision of the
supported by the facts. Program Administrator. If
iii. The designated reviewer shall proper policies and procedures
prepare and send a written have not been applied, the
response to the grievant and to Department reserves the right
the Department's Director to overturn the decision. The
within fifteen (15)days after subsequent review shall be
the grievance is filed. The completed within forty-five
response shall set forth the (45) days of receipt of the
circumstances relating to the request by the older individual
grievance, the action requested and the grievant will be
by the grievant,the findings of notified in writing of the result
the reviewer, a proposed of the subsequent review.
remedial action, if any, and 4. Record Keeping
reason(s) for and facts relied The Department shall keep the records of the
on in the determination. grievance and its handling for six(6)years
C. Appeal of Initial Response/Decision following the conclusion of the calendar year
i. The grievant may initiate a of the occurrence. The file shall contain, at a
request for subsequent review minimum, but not limited to the initial
by the Department's Director grievance, any investigative reports; any
within twenty(20) calendar written response submitted by the Department
days following receipt of or the service provider; any documents or
notification by the Program other records submitted by any party;the
Administrator of the decision. written Initial Response of the agency, and, if
applicable, the notice to the grievant of the
ii. The Department's Director right to an appeal.
shall request copies of the
initial file on the complaint in 5. Confidentiality
question. The Department's No information, documents or other records
Director will review the relating to a grievance shall be disclosed by
materials to ensure that program staff or volunteers in a form that
pertinent policies and identifies the grievant without the written
procedures have been applied informed consent of the grievant,unless the
and followed. If appropriate, disclosure is required by court order or for
the Department's Director or program monitoring by authorized agencies.
his/her designee will meet with
the older person to allow the End of Article 1A
grievant an opportunity to
present information about the
grievance.
iii. If the policies and procedures
have been adhered to, the
Department's Director will not
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Article II Insurance as its lawful agent for service of
Definitions process;or
1. 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 t. 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
required by the Contract with an insurer that has from the County,Federal,or State governments,or a Municipal
designated the New York Superintendent of Corporation,and(i)which are currently in effect or(ii)which have
expired within the past twelve(12)months and have not been renewed.
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"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 license,the Contractor shall not be reimbursed
General Terms and Conditions for the Services rendered after the effective date
of termination of such license. Without limiting
1. Contractor Responsibilities the generality of the foregoing,if any part of the
Contract remains to be performed,and the
termination of the license does not affect the
a. Duties and Obligations Contractor's ability to render the Services,every
i.) It shall be the duty of the Contractor to other term and provision of the Contract shall be
discharge,or cause to be discharged,all of its valid and enforceable to the fullest extent
responsibilities,and to administer funds received permitted by law
in the interest of the County in accordance with d. Documentation of Professional Standards
the provisions of the Contract.
ii.) The Contractor shall promptly take all The Contractor shall maintain on file,in one
action as may be necessary to render the Services. location in Suffolk County,all records that
demonstrate that it has complied with sub-
paragraphs(b)and(c)above. The address of the
iii.) The Contractor shall not take any location of the aforesaid records and documents
action that is inconsistent with the provisions of shall be provided to the County no later than the
the Contract. date of execution of the Contract. Such
iv. Servicesrovided under this Contract documentation shall be kept,maintained,and
p available for inspection by the County upon
shall be open to all residents of the County. twenty-four(24)hours notice.
b. Qualifications,Licenses,and Professional e. Credentialing
Standards
i.) In the event that the Department,or any
The Contractor represents and warrants that it division thereof,maintains a credentialing
has,and shall continuously possess,during the process to qualify the Contractor to render the
Term,the required licensing,education, Services,the Contractor shall complete the
knowledge,experience,and character necessary required credentialing process. In the event that
to qualify it to render the Services. any State credential,registration,certification or
The Contractor shall continuously have during license,Drug Enforcement Agency registration,
or Medicare or Medicaid certification is
the Term all required authorizations,certificates, restricted,suspended,or temporarily or
certifications,registrations,licenses,permits,and permanently revoked,it is the duty of the
other approvals required by Federal,State, Contractor to contact the Department,or division
County,or local authorities necessary to qualify thereof,as the case may be,in writing,no later
it to render the Services. than three(3)days after such restriction,
C. Notifications suspension,or revocation.
i.) The Contractor shall immediately ii.) The Contractor shall forward to the
Department,or division thereof,as the case may
notify the County,in writing,of any disciplinary
be,on or before July 1 of each year during the
proceedings,commenced or pending,with any
Term,a complete list of the names and addresses
authority relating to a license held by any person
necessary to qualify him,her,or the Contractor to their
all persons providing the Services,as well as
perform the Services. their respective areas of certification,
credentialing,registration,and licensing.
ii.) In the event that a person is no longer f. Engineering Certificate
licensed to perform the Services,the Contractor
must immediately notify the County,but in no In the event that the Contract requires any
event shall such notification be later than five(5) Engineering Services,the Contractor shall submit
days after a license holder has lost the license to the County,no later than the due date for
required to qualify the license holder or the submission for approval of any engineering work
Contractor to perform the Services. product,the Certificate of Authorization
iii. In the event that the Contractor is not ("Certificate"),issued pursuant to§7210 of the
New York Education Law,of every person
able to perform the Services due to a loss of performing any Engineering Services. The
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ARTICLE III
Law No. 16—AG IFMS No. 0000000
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failure to file,submit,or maintain the Certificate shall be construed as a limitation on the County's
shall be grounds for rejection of any engineering rights set forth in paragraphs 1(c)(iii)and 8 of
work product submitted for approval. 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,officials,and
The County shall have the right to terminate the employees from and against all liabilities,fines,penalties,
Contract without cause,for any reason,at any actions,damages,claims,demands,judgments,losses,suits
time,upon such terms and conditions it deems or actions,costs,and expenses caused by the negligence or
appropriate,provided,however,that no such any acts or omissions of the Contractor,including
termination shall be effective unless the reimbursement of the cost of reasonable attorneys'fees
Contractor is given at least thirty(30)days incurred by the County,its agents,servants,officials,and
notice. employees in any action or proceeding arising out of,or in
connection with,the Contract.
b. Event of Default;Termination on Notice
b. The Contractor hereby represents and warrants
i.) The County may immediately terminate that it will not infringe upon any copyright in performing
the Contract,for cause,upon such terms and the Services.The Contractor agrees that it shall protect,
conditions it deems appropriate,in the Event of indemnify,and hold harmless the County,its agents,
Default. servants,officials,and employees from and against all
liabilities,fines,penalties,actions,damages,claims,
ii.) If the Contractor defaults under any demands,judgments,losses,suits or actions,costs,and
other provision of the Contract,the County may expenses arising out of any claim asserted for infringement
terminate the Contract,on not less than five(5) of copyright,including reimbursement of the cost of
days notice,upon such terms and conditions it reasonable attorneys'fees incurred by the County,its
deems appropriate. agents,servants,officials,and employees in any action or
proceeding arising out of or in connection with any claim
C. Termination Notice asserted for infringement of copyright.
Any notice providing for termination shall be C. The Contractor shall defend the County,its
delivered as provided for in paragraph 27 of this agents,servants,officials,and employees in any proceeding
Article III. or action,including appeals,arising out of,or in
connection with,the Contract,and any copyright
d. Duties upon Termination infringement proceeding or action.Alternatively,at the
County's option,the County may defend any such
i.) The Contractor shall discontinue the proceeding or action and require the Contractor to pay
Services as directed in the termination notice. reasonable attorneys'fees or salary costs of County
employees of the Department of Law for the defense of any
ii.) Subject to any defenses available to it, such suit.
the County shall pay the Contractor for the
Services rendered through the date of 4. Insurance
termination.
a. The Contractor shall continuously maintain,
iii.) The County is released from any and all during the Term of the Contract,insurance in amounts and
liability under the Contract,effective as of the types as follows:
date of the termination notice.
iv.) Upon termination,the Contractor shall i.) Commercial General Liability
reimburse the County the balance of any funds insurance,including contractual liability
advanced to the Contractor by the County no coverage,in an amount not less than Two Million
later than thirty(30)days after termination of the Dollars($2,000,000.00)per occurrence for
Contract. The provisions of this subparagraph bodily injury and Two Million Dollars
shall survive the expiration or termination of the ($2,000,000.00)per occurrence for property
Contract. damage. The County shall be named an
additional insured.
V.) Nothing contained in this paragraph
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ii.) Automobile Liability insurance(if any any cancellation,nonrenewal,or material change in the
non-owned or owned vehicles are used by the policy to which such evidence relates. It shall be the duty
Contractor in the performance of the Contract)in of the Contractor to notify the County immediately of any
an amount not less than Five Hundred Thousand cancellation,nonrenewal,or material change in any
Dollars($500,000 00)per person,per accident, insurance policy.
for bodily injury and not less than One Hundred
Thousand Dollars($100,000 00)for property g. In the event the Contractor shall fail to provide
damage per occurrence.The County shall be evidence of insurance,the County may provide the
named an additional insured. insurance required in such manner as the County deems
appropriate and deduct the cost thereof from a Fund
iii.) Workers'Compensation and Source.
Employer's Liability insurance in compliance
with all applicable New York State laws and h. If the Contractor is a Municipal Corporation and
regulations and Disability Benefits insurance,if has a self-insurance program under which it acts as a self-
required by law. The Contractor shall furnish to insurer for any of such required coverage,the Contractor
the County,prior to its execution of the Contract, shall provide proof,acceptable to the County,of self-
the documentation required by the State of New funded coverage.
York Workers'Compensation Board of coverage
or exemption from coverage pursuant to§§57 5. Independent Contractor
and 220 of the Workers' Compensation Law In
accordance with General Municipal Law§108, The Contractor is not,and shall never be,considered an
the Contract shall be void and of no effect unless employee of the County for any purpose. Notwithstanding
the Contractor shall provide and maintain anything contained in this Contract,the Contract shall not
coverage during the Term for the benefit of such be construed as creating a principal-agent relationship
employees as are required to be covered by the between the County and the Contractor or the Contractor
provisions of the Workers'Compensation Law. and the County,as the case may be.
iv.) Professional Liability insurance in an 6. Severability
amount not less than Two Million Dollars
($2,000,000.00)on either a per-occurrence or It is expressly agreed that if any term or provision of this
claims-made coverage basis. Contract,or the application thereof to any person or
circumstance,shall be held invalid or unenforceable to any
b. The County may mandate an increase in the extent,the remainder of the Contract,or the application of
liability limits set forth in the immediately preceding such term or provision to persons or circumstances other
paragraphs(4)(a)(i),(ii),and(iv). than those as to which it is held invalid or unenforceable,
shall not be affected thereby,and every other term and
C. All policies providing such coverage shall be provision of the Contract shall be valid and shall be
issued by insurance companies authorized to do business in enforced to the fullest extent permitted by law.
New York with an A.M.Best rating of A-or better.
d. The Contractor shall furnish to the County,prior 7. Merger;No Oral Changes
to the execution of the Contract,declaration pages for each It is expressly agreed that the Contract represents the entire
policy of insurance,other than a policy for commercial agreement of the parties and that all previous
general liability insurance,and upon demand,a true and understandings are herein merged in the Contract. No
certified original copy of each such policy evidencing modification of the Contract shall be valid unless in written
compliance with the aforesaid insurance requirements. form and executed by both parties.
e. In the case of commercial general liability
insurance and business use automobile insurance,the 8. Set-Off Rights
Contractor shall furnish to the County,prior to the
execution of the Contract,a declaration page or insuring The County shall have all of its common law,equitable,and
statutory rights of set-off. These rights shall include,but not
agreement and endorsement page evidencing the County's
status as an additional insured on said policy,and upon be limited to,the County's option to withhold from a Fund
demand,a true and certified original copy of such policy Source an amount no greater than any sum due and owing to
evidencing compliance with the aforesaid insurance the County for any reason. The County shall exercise its set-
requirements. off rights subject to approval by the County Attorney. In
cases of set-off pursuant to a Comptroller's audit,the County
f. All evidence of insurance shall provide for the shall only exercise such right after the finalization thereof,
County to be notified in writing thirty(30)days prior to and only after consultation with the County Attorney.
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11. Governing Law
9. Non-Discrimination in Services
The Contract shall be governed by,and construed in
a. The Contractor shall not,on the grounds of race, accordance with,the laws of the State of New York,
creed,color,national origin,sex,age,disability,sexual without regard to conflict of laws.Venue shall be
orientation,military status,or marital status designated in the Supreme Court,Suffolk County,the
United States District Court for the Eastern District of New
i.) deny any individual the Services York,or,if appropriate,a court of inferior jurisdiction in
provided pursuant to the Contract;or Suffolk County.
ii.) provide the Services to an individual
that is different,or provided in a 12. No Waiver
different manner,from those provided
to others pursuant to the Contract;or It shall not be construed that any failure or forbearance of
iii.) subject an individual to segregation or the County to enforce any provision of the Contract in any
separate treatment in any matter related particular instance or instances is a waiver of that
to the individual's receipt of the provision. Such provision shall otherwise remain in full
Services provided pursuant to the force and effect,notwithstanding any such failure or
Contract;or forbearance.
iv.) restrict an individual in any way from
any advantage or privilege enjoyed by 13. Conflicts of Interest
others receiving the Services provided
pursuant to the Contract;or The Contractor shall not,during the Term,pursue a course
treat an individual differently from of conduct which would cause a reasonable person to
others in determining whether or not believe that he or she is likely to be engaged in acts that
the individual satisfies any eligibility or create a substantial conflict between its obligations under
other requirements or conditions which the Contract and its private interests. The Contractor is
individuals must meet in order to charged with the duty to disclose to the County the
receive the Services provided pursuant existence of any such adverse interests,whether existing or
to the Contract. potential. This duty shall continue as long as the Term.
The determination as to whether or when a conflict may
b. The Contractor shall not utilize criteria or potentially exist shall ultimately be made by the County
methods of administration which have the effect of Attorney after full disclosure is obtained.
subjecting individuals to discrimination because of their
race,creed,color,national origin,sex,age,disability,
sexual orientation,military status,or marital status,or have 14. Cooperation on Claims
the effect of substantially impairing the Contract with
respect to individuals of a particular race,creed,color, The Contractor and the County shall render diligently to
national origin,sex,age,disability,sexual orientation, each other,without compensation,any and all cooperation
military status,or marital status,in determining: that may be required to defend the other party,its
employees and designated representatives,against any
i.) the Services to be provided;or claim,demand or action that may be brought against the
the class of individuals to whom,or the other party,its employees or designated representatives
situations in which,the Services will be arising out of,or in connection with,the Contract.
provided;or
15. Confidentiality
iii.) the class of individuals to be afforded
an opportunity to receive the Services. Any document of the County,or any document created by
the Contractor and used in rendering the Services,shall
10. Nonsectarian/Nonpartisan Declaration remain the property of the County and shall be kept
confidential in accordance with applicable laws,rules,and
The Services performed under the Contract are secular and regulations.
nonpartisan in nature. No funds received pursuant to the
Contract shall be used for sectarian purposes or to further 16. Assignment and Subcontracting
the advancement of any religion candidate or partisan
effort. The Services will be available to all eligible a. The Contractor shall not delegate its duties under
individuals regardless of religious belief or political the Contract,or assign,transfer,convey,subcontract,
affiliation. sublet,or otherwise dispose of the Contract,or any of its
right,title or interest therein,or its power to execute the
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Contract,or assign all or any portion of the monies that
may be due or become due hereunder,(collectively referred C. The Contractor shall notify the County in writing,
to in this paragraph 16 as"Assignment"),to any other which notice(the"Transfer Notice")shall include-
person,entity or thing without the prior written consent of
the County,and any attempt to do any of the foregoing i.) the proposed effective date of the
without such consent shall be void ab initio. 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 condition the one hundred eighty(180)days after the
County requires. No approval of any Assignment shall be date of delivery of the Transfer Notice;
construed as enlarging any obligation of the County under ii.) a summary of the material terms of the
the terms and provisions of the Contract. No Assignment proposed Permitted Transfer;
of the Contract or assumption by any person of any duty of
the Contractor under the Contract shall provide for,or iii,) the name and address of the proposed
otherwise be construed as,releasing the Contractor from transferee;
any term or provision of the Contract.
iv.) such information reasonably required
17. Changes to Contractor by the County,which will enable the
County to determine the financial
a. The Contractor may,from time to time,only with responsibility,character,and reputation
the County's written consent,enter into a Permitted of the proposed transferee,nature of the
Transfer. For purposes of the Contract,a Permitted proposed assignee/transferee's business
Transfer means: and experience;
i.) if the Contractor is a partnership,the v.) all executed forms required pursuant to
withdrawal or change,whether Article IV of the Contract,that are
voluntary,involuntary or by operation required to be submitted by the
of law,of the partners,or transfer of Contractor;and
partnership interests(other than the
purchase of partnership interests by vi.) such other information as the County
existing partners,by the partnership may reasonably require.
itself or the immediate family members
by reason of gift,sale or devise),or the d. The County agrees that any request for its
dissolution of the partnership without consent to a Permitted Transfer shall be granted,provided
immediate reconstitution thereof,and that the transfer does not violate any provision of the
Contract,and the transferee has not been convicted of a
ii.) if the Contractor is a closely held criminal offense as described under Article II of Chapter
corporation(i.e.whose stock is not 189 of the Suffolk County Code. The County shall grant or
publicly held and not traded through an deny its consent to any request of a Permitted Transfer
exchange or over the counter): within twenty(20)days after delivery to the County of the
Transfer Notice,in accordance with the provisions of
1. the dissolution,merger, Paragraph 27 of Article III of the Contract. If the County
consolidation or other shall not give written notice to the Contractor denying its
reorganization of the consent to such Permitted Transfer(and setting forth the
Contractor;and basis for such denial in reasonable detail)within such
twenty(20)-day period,then the County shall be deemed to
2. the sale or other transfer of have granted its consent to such Permitted Transfer.
twenty percent(20%)or
more of the shares of the e. Notwithstanding the County's consent,
Contractor(other than to
existing shareholders,the i.) the terms and conditions of the
corporation itself or the Contract shall in no way be deemed to
immediate family members of have been waived or modified;and
shareholders by reason of
gift,sale or devise). ii.) such consent shall not be deemed
consent to any further transfers.
b. If the Contractor is a not-for-profit corporation,a
change of twenty percent(201/o)or more of its shares or
members shall be deemed a Permitted Transfer.
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18. No Intended Third Party Beneficiaries U.S.copyright laws. To the extent that any Work Product
does not constitute a"work made for hire,"the Contractor
The Contract is entered into solely for the benefit of the hereby assigns to the County all right,title and interest,
County and the Contractor. No third party shall be deemed including the right,title and interest to reproduce,edit,
a beneficiary of the Contract and no third party shall have adapt,modify or otherwise use the Work Product,that the
the right to make any claim or assert any right under the Contractor may have or may hereafter acquire in the Work
Contract. Product, including all intellectual property rights therein,in
any manner or medium throughout the world in perpetuity
without compensation. This includes,but is not limited to,
19. Certification as to Relationships the right to reproduce and distribute the Work Product in
electronic or optical media,or in CD-ROM,on-line or
The Contractor certifies under penalties of perjury that,
similar format.
other than through the funds provided in the Contract and
other valid agreements with the County,there is no known b. Patents
spouse,life partner,business,commercial,economic,or
financial relationship with the County or its elected If the Contractor develops,invents,designs or creates any
officials. The Contractor also certifies that there is no idea,concept,code,processes or other work or materials
relationship within the third degree of consanguinity, during the Term,or as a result of any Services performed
between the Contractor,any of its partners,members, under the Contract("patent eligible subject matter"),it
directors,or shareholders owning five(5%)percent or shall be the sole property of the County The Contractor
more of the Contractor,and the County. hereby assigns to the County its entire right,title and
interest,if any,to all patent eligible subject matter,and
20. Publications agrees to do all acts and execute all documents,and to use
its best efforts to ensure that its employees,consultants,
Any book,article,report,or other publication related to the subcontractors,vendors and agents do all acts and execute
Services provided pursuant to this Contract shall contain any documents,necessary to vest ownership in the County
the following statement in clear and legible print: of any and all patent eligible subject matter. The
Contractor may not apply for or secure for itself patent
"This publication is fully or partially funded protection. The County reserves to itself,and the
by the County of Suffolk." Contractor hereby gives to the County,and to any other
person designated by the County,consent to produce or
21. Copyrights and Patents otherwise use any item so discovered and/or the right to
secure a patent for the discovery or invention. This
a. Copyrights paragraph shall survive any completion,expiration or
termination of this Contract.
Any and all materials generated by or on behalf of the
Contractor while performing the Services(including, 22. Arrears to County
without limitation,designs,images,video,reports,
analyses,manuals,films,tests,tutorials,and any other Contractor warrants that,except as may otherwise be
work product of any kind)and all intellectual property authorized by agreement,it is not in arrears to the County
rights relating thereto("Work Product")are and shall be upon any debt,contract,or any other lawful obligation,and
the sole property of the County The Contractor hereby is not in default to the County as surety.
assigns to the County its entire right,title and interest,if
any,to all Work Product,and agrees to do all acts and 23. Lawful Hiring of Employees Law in Connection
execute all documents,and to use its best efforts to ensure with Contracts for Construction or Future
that its employees,consultants,subcontractors,vendors and Construction
agents do all acts and execute any documents,necessary to
vest ownership in the County of any and all Work Product. In the event that the Contract is subject to the Lawful
The Contractor may not secure copyright protection. The Hiring of Employees Law of the County of Suffolk,Suffolk
County reserves to itself,and the Contractor hereby gives County Code Article II of Chapter 353,as more fully set
to the County,and to any other person designated by the forth in the Article entitled"Suffolk County Legislative
County,consent to produce,reproduce,publish,translate, Requirements,"the Contractor shall maintain the
display or otherwise use the Work Product. This paragraph documentation mandated to be kept by this law on the
shall survive any completion,expiration or termination of construction site at all times. Employee sign-in sheets and
this Contract. register/log books shall be kept on the construction site at
all times and all covered employees,as defined in the law,
The County shall be deemed to be the author of all the shall be required to sign such sign-in sheets/register/log
Work Product. The Contractor acknowledges that all Work books to indicate their presence on the construction site
Product shall constitute"work made for hire"under the during such working hours.
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27. Notice
24. Certification Regarding Lobbying
Unless otherwise expressly provided,all notices shall be in
Together with this Contract and as a condition precedent to writing and shall be deemed sufficiently given if sent by
its execution by the County,the Contractor shall have regular first class mail and certified mail,or personally
executed and delivered to the County the Certification delivered during business hours as follows: 1 )to the
Regarding Lobbying(if payment under this Contract may Contractor at the address on page 1 of the Contract and 2.)
exceed$100,000)as required by Federal regulations,and to the County at the Department,or as to either of the
shall promptly advise the County of any material change in foregoing,to such other address as the addressee shall have
any of the information reported on such Certification,and indicated by prior written notice to the addressor. All
shall otherwise comply with,and shall assist the County in notices received by the Contractor relating to a legal claim
complying with,said regulations as now in effect or as shall be immediately sent to the Department and also to the
amended during the term of this Contract. County Attorney at H.Lee Dennison Building, 100
Veterans Memorial Highway,P.O.Box 6100,(Sixth
25. Record Retention Floor),Hauppauge,New York, 11788-0099.
The Contractor shall retain all accounts,books,records, End of Text for Article III
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. Contract Agency Performance Measures and
Reporting Requirements—Local Law No.41-2013
a. If payment under this Contract may exceed
$50,000,it is subject to the requirements of Suffolk County
Local Law No.41-2013,a Local Law to Implement
Performance Measurement to Increase Accountability and
Enhance Service Delivery by Contract Agencies(Article
VIII of Chapter 189 of the Suffolk County Code)as set
forth in Exhibit 2 entitled"Suffolk County Legislative
Requirements."
b. The Contractor shall cooperate with the
Department in all aspects necessary to help carry out the
requirements of the Law.Based on criteria established by
the Contractor in conjunction with the Department,the
Contractor shall submit monthly reports regarding the
Contractor's performance relative to the established
criteria,on dates and times as specified by the Department.
C. The Contractor shall submit an annual report to
the Department regarding the Contractor's performance no
later than July 31 of each year of the Term.All
performance data and reports will be subject to audit by the
Comptroller.
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Article IV Required Forms:
Suffolk County Legislative Requirements
Suffolk County Living Wage Form LW-1,entitled"Suffolk
NOTE:THE CONTRACTOR'S COMPLETED LEGISLATIVE County Department of Labor—Living Wage Unit Notice of
REQUIRED FORMS REFERENCED HEREIN ARE Application for County Compensation(Contract)."
AVAILABLE ON FILE AT THE COUNTY ATTORNEY'S
OFFICE AND THE DEPARTMENT NAMED ON THE Suffolk County Living Wage Form -38,entitled
SIGNATURE PAGE OF THIS CONTRACT. "Suffolk County Department of Labor or—Living Wage Unit
Living Wage Certification/Declaration—Subject To
Audit."
1. Contractor'sNendor's Public Disclosure Statement
3. Use of County Resources to Interfere with Collective
It shall be the duty of the Contractor to read,become Bargaining Activities
familiar with,and comply with the requirements of section
A5-8 of Article V of the Suffolk County Code. It shall be the duty of the Contractor to read,become
familiar with,and comply with the requirements of Article I
Unless certified by an officer of the Contractor as being of Chapter 803 of the Suffolk County Code.
exempt from the requirements of section A5-8 of Article V
of the Suffolk County Code,the Contractor represents and County Contractors(as defined by section 803-2)shall
warrants that it has filed with the Comptroller the verified comply with all requirements of Chapter 803 of the Suffolk
public disclosure statement required by Suffolk County County Code,including the following prohibitions:
Administrative Code Article V,section A5-8 and shall file a. The Contractor shall not use County funds to
an update of such statement with the Comptroller on or assist,promote,or deter union organizing.
before the 31st day of January in each year of the
Contract's duration. The Contractor acknowledges that b. No County funds shall be used to reimburse the
such filing is a material,contractual and statutory duty and Contractor for any costs incurred to assist,
that the failure to file such statement shall constitute a promote,or deter union organizing.
material breach of the Contract,for which the County shall
be entitled,upon a determination that such breach has C. No employer shall use County property to hold a
occurred,to damages,in addition to all other legal meeting with employees or supervisors if the
remedies,of fifteen percent(15%)of the amount of the purpose of such meeting is to assist,promote,or
Contract. deter union organizing.
Required Form: If the Services are performed on County property,the
Suffolk County Form SCEX 22;entitled Contractor must adopt a reasonable access agreement,a
"Contractor'sNendor's Public Disclosure Statement" neutrality agreement,fair communication agreement,non-
intimidation agreement,and a majority authorization card
2. Living Wage Law agreement.
It shall be the duty of the Contractor to read,become If the Services are for the provision of human services and
familiar with,and comply with the requirements of Chapter are not to be performed on County property,the Contractor
575,of the Suffolk County Code. must adopt,at the least,a neutrality agreement.
This Contract is subject to the Living Wage Law of the Under the provisions of Chapter 803,the County shall have
County of Suffolk. The law requires that,unless specific the authority,under appropriate circumstances,to terminate
exemptions apply,all employers(as defined)under service the Contract and to seek other remedies as set forth therein,
contracts and recipients of County financial assistance,(as for violations of this Law.
defined)shall provide payment of a minimum wage to
employees as set forth in the Living Wage Law. Such rate Required Form:
shall be adjusted annually pursuant to the terns of the Suffolk County Labor Law Form DOL-LO 1;entitled
Suffolk County Living Wage Law of the County of Suffolk. "Suffolk County Department of Labor—Labor Mediation
Under the provisions of the Living Wage Law,the County Unit Union Organizing Certification/Declaration-Subject
shall have the authority,under appropriate circumstances, to Audit."
to terminate the Contract and to seek other remedies as set
forth therein,for violations of this Law. 4. Lawful Hiring of Employees Law
It shall be the duty of the Contractor to read,become
familiar with,and comply with the requirements of Article
II of Chapter 353 of the Suffolk County Code.
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remedies available under the law.
This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk.It provides that all covered The documentation mandated to be kept by this law shall at
employers,(as defined),and the owners thereof,as the case all times be kept on site. Employee sign-in sheets and
may be,that are recipients of compensation from the register/log books shall be kept on site at all times during
County through any grant,loan,subsidy,funding, working hours and all covered employees,as defined in the
appropriation,payment,tax incentive,contract, law,shall be required to sign such sign-in
subcontract,license agreement,lease or other financial sheets/register/log books to indicate their presence on the
compensation agreement issued by the County or an site during such working hours.
awarding agency,where such compensation is one hundred
percent(100%)funded by the County,shall submit a Required Forms:
completed sworn affidavit(under penalty of perjury),the
form of which is attached,certifying that they have Suffolk County Lawful Hiring of Employees Law Form
complied,in good faith,with the requirements of Title 8 of LHE-1;entitled"Suffolk County Department of Labor—
the United States Code Section 1324a with respect to the Notice Of Application To Certify Compliance With Federal
hiring of covered employees(as defined)and with respect Law(8 U.S.C.Section 1324a)With Respect To Lawful
to the alien and nationality status of the owners thereof. Hiring of Employees."
The affidavit shall be executed by an authorized
representative of the covered employer or owner,as the Suffolk County Lawful Hiring of Employees Law Form
case may be;shall be part of any executed contract, LHE-2;entitled"Affidavit Of Compliance With The
subcontract,license agreement,lease or other financial Requirements Of 8 U.S.C.Section 1324a With Respect To
compensation agreement with the County;and shall be Lawful Hiring Of Employees"
made available to the public upon request.
5. Gratuities
All contractors and subcontractors(as defined)of covered
employers,and the owners thereof,as the case may be,that It shall be the duty of the Contractor to read,become
are assigned to perform work in connection with a County familiar with,and comply with the requirements of Chapter
contract,subcontract,license agreement,lease or other 664 of the Suffolk County Code.
financial compensation agreement issued by the County or
awarding agency,where such compensation is one hundred The Contractor represents and warrants that it has not
percent(100%)funded by the County,shall submit to the offered or given any gratuity to any official,employee or
covered employer a completed sworn affidavit(under agent of the County or the State or of any political party,
penalty of perjury),the form of which is attached, with the purpose or intent of securing an agreement or
certifying that they have complied,in good faith,with the securing favorable treatment with respect to the awarding
requirements of Title 8 of the United States Code Section or amending of an agreement or the making of any
1324a with respect to the hiring of covered employees and determinations with respect to the performance of an
with respect to the alien and nationality status of the agreement.
owners thereof,as the case may be. The affidavit shall be
executed by an authorized representative of the contractor, 6. Prohibition Against Contracting with Corporations
subcontractor,or owner,as the case may be;shall be part of that Reincorporate Overseas
any executed contract,subcontract,license agreement,lease
or other financial compensation agreement between the It shall be the duty of the Contractor to read,become
covered employer and the County;and shall be made familiar with,and comply with the requirements of sections
available to the public upon request. A4-13 and A4-14 of Article IV of the Suffolk County
Code.
An updated affidavit shall be submitted by each such
employer,owner,contractor and subcontractor no later The Contractor represents that it is in compliance with
than January 1 of each year for the duration of any contract sections A4-13 and A4-14 of Article IV of the Suffolk
and upon the renewal or amendment of the Contract,and County Code. Such law provides that no contract for
whenever a new contractor or subcontractor is hired under consulting services or goods and services shall be awarded
the terms of the Contract. 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.
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during the Term of the Contract. If no Memorandum of
The Contractor shall comply with Article II of Chapter 880, Understanding("MOU")with the Suffolk County
of the Suffolk County Code,entitled"Child Sexual Abuse Department of Labor for work experience is in effect at the
Reporting Policy,"as now in effect or amended hereafter or beginning of the Term of the Contract,the Contractor,if it
of any other Suffolk County Local Law that may become is a not-for-profit or governmental agency or institution,
applicable during the term of the Contract with regard to shall enter into such MOU as soon as possible after the
child sexual abuse reporting policy. execution of the Contract and failure to enter into or to
perform in accordance with such MOU shall be deemed to
8. Non Responsible Bidder be a failure to perform in accordance with the Contract,for
which the County may withhold payment,terminate the
It shall be the duty of the Contractor to read,become Contract or exercise such other remedies as may be
familiar with,and comply with the requirements of Article appropriate in the circumstances.
II of Chapter 189 of the Suffolk County Code.
12. Safeguarding Personal Information of Minors
Upon signing the Contract,the Contractor certifies that it
has not been convicted of a criminal offense within the last It shall be the duty of the Contractor to read,become familiar
ten(10)years. The term"conviction"shall mean a finding with, and comply with the requirements of Suffolk County
of guilty after a trial or a plea of guilty to an offense Local Law No. 20-2013, a Local Law to Safeguard the
covered under section 189-5 of the Suffolk County Code Personal Information of Minors in Suffolk County
under"Nonresponsible Bidder."
All contract agencies that provide services to minors are
9. Use of Funds in Prosecution of Civil Actions required to protect the privacy of the minors and are strictly
Prohibited prohibited from selling or otherwise providing to any third
parry,in any manner whatsoever,the personal or identifying
It shall be the duty of the Contractor to read,become information of any minor participating in their programs.
familiar with,and comply with the requirements of Article
III of Chapter 893 of the Suffolk County Code. 13. Contract Agency Performance Measures and
Reporting Requirements
The Contractor shall not use any of the moneys,in part or
in whole,and either directly or indirectly,received under It shall be the duty of the Contractor to read,become familiar
the Contract in connection with the prosecution of any civil with, and comply with the requirements of Suffolk County
action against the County in any jurisdiction or any judicial Local Law No. 41-2013, a Local Law to Implement
or administrative forum. Performance Measurement to Increase Accountability and
Enhance Service Delivery by Contract Agencies(Article VIII
10. Youth Sports of Chapter 189 of the Suffolk County Code).
It shall be the duty of the Contractor to read,become All contract agencies having a contract in excess of
familiar with,and comply with Article III of Chapter 730 of $50,000 shall cooperate with the contract's administering
the Suffolk County Code. department to identify the key performance measures
related to the objectives of the service the contract agency
All contract agencies that conduct youth sports programs provides and shall develop an annual performance
are required to develop and maintain a written plan or reporting plan.The contract agency shall cooperate with
policy addressing incidents of possible or actual concussion the administering department and the County Executive's
or other head injuries among sports program participants. performance management team to establish working groups
Such plan or policy must be submitted prior to the award of to identify appropriate performance indicators for monthly
a County contract,grant or funding. Receipt of such plan evaluation of the contract agency's performance measures.
or policy by the County does not represent approval or
endorsement of any such plan or policy,nor shall the 14. Suffolk County Local Laws Website Address
County be subject to any liability in connection with any
such plan or policy. Suffolk County Local Laws,Rules and Regulations
can be accessed on the homepage of the Suffolk
11. Work Experience Participation County Legislature.
If the Contractor is a not-for-profit or governmental agency End of Text for Article IV
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
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Article V by the Suffolk County Department of Audit and
General Fiscal Terms and Conditions Control. Documentation,including any other
form(s)required by County or the Suffolk
1. General Payment Terms County Department of Audit and Control,shall
be furnished to the County pursuant to,and as
a. Presentation of Suffolk County Payment limited by,the Regulations for Accounting
Voucher Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
In order for payment to be made by the County to addition to any other remedies that the County
the Contractor for the Services,the Contractor may have,failure to supply the required
shall prepare and present a Suffolk County documentation will disqualify the Contractor
Payment Voucher,which shall be documented by from any further County contracts.
sufficient,competent and evidential matter. Each
Suffolk County Payment Voucher submitted for C. Payment by County
payment is subject to Audit at any time during
Payment by the County shall be made within
the Term or any extension thereof. This
thirty(30)days after approval of the Suffolk
provision shall survive expiration or termination
of this Contract for a period of not less than County Payment Voucher by the Comptroller
seven(7)years,and access to records shall be as
set forth in paragraph 25 of Article III,and d. Budget Modification
paragraph 4(b)of Article V.
i.) The parties shall use the Contract
b. Voucher Documentation Budget Modification Request form
("Budget Modification")for revisions
The Suffolk County Payment Voucher shall list to the Budget and Services not
all information regarding the Services and other involving an increase to the total cost
items for which expenditures have been or will be of the Contract.If the Contractor is
made in accordance with the Contract. Either seeking such a modification,the
upon execution of the Contract(for the Services Contractor shall contact the
already rendered and expenditures already made), Department to receive the form and
or not more than thirty(30)days after the enter the required information. When
expenditures were made,and in no event after the the County and the Contractor agree as
31"day of January following the end of each year to such revisions,the Contractor shall
of the Contract,the Contractor shall furnish the sign the Budget Modification form and
County with detailed documentation in support return it to the County for execution
of the payment for the Services or expenditures along with any other documentation the
under the Contract e.g.dates of the Service, Department may require.
worksite locations,activities,hours worked,pay
rates and all program Budget categories. The ii.) Such request must be made in advance
Suffolk County Payment Voucher shall include of incurring any expenditure for which
the revision is needed.
time records,certified by the Contractor as true
and accurate,of all personnel for whom
expenditures are claimed during the period. iii•) Upon complete execution of the Budget
Time and attendance records of a project director, Modification form,the County shall
if any,shall be certified by the Chairperson, return a copy to the Contractor The
revision shall not be effective until the
President or other designated member of the
Board of Directors of the Contractor. All Suffolk Budget Modification is completely
County Payment Vouchers must bear a signature executed.
as that term is defined pursuant to New York
State General Construction Law§46 by duly iv.) The Budget Modification form may be
authorized persons,and certification of such submitted only twice per calendar year
5
authorization with certified specimen signatures and may only submitted prior to
thereon must be filed with the County by a November 1 15 of that year.
Contractor official empowered to sign the
Contract. Disbursements made by the Contractor e. Budget and/or Services Revisions
in accordance with the Contract and submitted
for reimbursement must be documented and must i.) The parties shall use the Contract
comply with accounting procedures as set forth Form(BudgetBudget et/ Revision Approval
F ( /Services Revisions)for
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ARTICLE V
• Law No. 16—AG IFMS No. 0000000
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revisions to the Budget and Services
involving any change to the total cost ii.) determine future payments to the
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
ii.) When the County and the Contractor conditions under which such
agree as to such revisions,the reimbursement shall be paid.
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
iii.) Upon complete execution of the form those terms and conditions in no less than
by the parties,the County shall return a fourteen(14)days.
copy to the Contractor The revision 3. Personnel Salaries,Pension and Employee Benefit
shall not be effective until the Budget Plans,Rules and Procedures
/Services Revisions is completely
executed. a. Upon request,the Contractor shall submit to the
f. Taxes County a current copy,certified by the
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
from payment of such taxes. ii.) personnel rules and procedures;
g. Final Voucher iii.) pension plan and any other employee
benefit plans or arrangements.
The acceptance by the Contractor of payment of
all billings made on the final approved Suffolk b. The Contractor shall not be entitled to
County Payment Voucher shall operate as and reimbursement for costs under any pension or
shall be a release of the County from all claims benefit plan the Comptroller deems commercially
by the Contractor through the date of the unreasonable.
Voucher
C. Notwithstanding anything in this paragraph 3 of
2. Subject to Appropriation of Funds this Article V,the County shall not be limited in
requesting such additional financial information
a. The Contract is subject to the amount of funds it deems reasonable.
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature 4. Accounting Procedures
and no liability shall be incurred by the County
beyond the amount of funds appropriated each a. The Contractor shall maintain accounts,books,
fiscal year by the County Legislature for the records,documents,other evidence,and
Services. accounting procedures and practices which
sufficiently and properly reflect all direct and
b. If the County fails to receive Federal or State indirect costs of any nature expended in the
funds originally intended to pay for the Services, performance of the Contract,in accordance with
or to reimburse the County,in whole or in part, generally accepted accounting principles and
for payments made for the Services,the County with rules,regulations and financial directives,as
shall have the sole and exclusive right to: may be promulgated by the Suffolk County
Department of Audit and Control and the
i.) determine how to pay for the Services; Department. The Contractor shall permit
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ARTICLE V
' Law No. 16—AG IFMS No. 0000000
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Line Item/Omnibus Grant—Community Services for the Elderly—Residential Repair
inspection and audit of such accounts,books, 6. Financial Statements and Audit Requirements
records,documents and other evidence by the
Department and the Suffolk County Comptroller, a. Notwithstanding any other reporting or
or their representatives,as often as,in their certification requirements of Federal,State,or
judgment,such inspection is deemed necessary local authorities,the Contractor shall obtain the
Such right of inspection and audit as set forth in services of an independent licensed public
subparagraph b.below shall exist during the accountant or certified public accountant(the
Term and for a period of seven(7)years after "Auditor")to audit its financial statements for
expiration or termination of the Contract. each Contractor's"fiscal year"in which the
Contractor has received,or will receive,three
b. The Contractor shall retain all accounts,books, hundred thousand($300,000.00)dollars or more
records,and other documents relevant to the from the County,whether under the Contract or
Contract for seven(7)years after final payment is other agreements with the County,and shall
made by the County Federal,State,and/or submit a report to the County on the overall
County auditors and any persons duly authorized financial condition and operations of the
by the County shall have full access and the right Contractor, including a balance sheet and
to examine any of said materials during said statement of income and expenses,attested by the
period. Such access is granted notwithstanding Auditor as fairly and accurately reflecting the
any exemption from disclosure that may be accounting records of the Contractor in
claimed for those records which are subject to accordance with generally accepted accounting
nondisclosure agreements,trade secrets and principles. The Contractor may solicit requests
commercial information or financial information for proposals from a number of qualified
that is privileged or confidential. accounting firms and review carefully the costs
C. The Contractor shall utilize the accrual basis of of,and qualifications for,this type of work before
accounting and will submit all financial reports selecting the Auditor
and claims based on this method of accounting b. The Auditor should be required to meet the
during the Term. following minimum requirements:
5. Audit of Financial Statements i.) a current license issued by
the New York State
a. All payments made under the Contract are Education Department;
subject to audit by the Comptroller pursuant to ii.) sufficient auditing experience
Article V of the Suffolk County Charter. The in the not-for-profit,
Contractor further agrees that the Comptroller governmental or profit-
and the Department shall have access to and the making areas,as applicable;
right to examine,audit,excerpt,copy or and
transcribe any pertinent transactions or other
records relating to services under the Contract. If iii.) a satisfactory peer review
such an audit discloses overpayments by the issued within not more than
County to the Contractor,within thirty(30)days three(3)years prior to the
after the issuance of an official audit report by the date when the Auditor was
Comptroller or his duly designated selected to conduct the audit.
representatives,the Contractor shall repay the C. The audit must be conducted in accordance with
amount of such overpayment by check to the generally accepted governmental auditing
order of the Suffolk County Treasurer or shall standards. Financial statements must clearly
submit a proposed plan of repayment to the differentiate between County-funded programs
Comptroller. If there is no response,or if and other programs that the Contractor may be
satisfactory repayments are not made,the County operating. The use of subsidiary schedules
may recoup overpayments from any amounts due should be encouraged for this purpose. The
or becoming due to the Contractor from the Auditor must also prepare a Management Letter
County under the Contract or otherwise. based on the audit.
b. The provisions of this paragraph shall survive the d. In the event the Contractor is a not-for-profit
expiration or termination of the Contract for a organization or unit of local government and
period of seven(7)years,and access to records expends five hundred thousand($500,000.00)
shall be as set forth in paragraph 25 of Article III, dollars or more of Federal monies,whether as a
and paragraph 4(b)of Article V. recipient expending awards received directly
from Federal awarding agencies,or as a
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ARTICLE V
• Law No. 16—AG IFMS No. 0000000
Rev. 6/17/15 001-6777/JKD1-4980-95285
Line Item/Omnibus Grant—Community Services for the Elderly—Residential Repair
subrecipient expending Federal awards received unit for which the Contractor will seek
from a pass-through entity,such as New York reimbursement from the County,the Contractor
State or Suffolk County,during any fiscal year shall submit to the County a written request for
within which it receives funding under the approval to make such a proposed purchase,
Contract,the audit must be conducted,and the rental or lease,with a list showing the quantity
audit report("Single Audit Report")must be,in and description of each item,its intended
accordance with OMB Circular No.A-133 location and use,estimated unit price or cost,and
(revised June 27,2003). Single Audit Reports estimated total cost of the proposed order.
must also be submitted to the designated Written approval of the County shall be required
clearinghouse,cognizant agency and/or pass- before the Contractor may proceed with such
through entity,to the extent required by the OMB proposed purchase,rental or lease of furniture,
Circular referred to above. fixtures or equipment. All items purchased must
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
financial officer,which states the amount of b. Purchase Practices/Proprietary Interest of
Federal funding expended by the Contractor County
during such fiscal year. The Contractor must
mail or deliver the certified statement to the i.) The Contractor shall follow the general
Department and to the Executive Director of practices that are designed to obtain
Auditing Services,Suffolk County Department of furniture,fixtures,equipment,
Audit and Control,H.Lee Dennison Building, materials,or supplies at the most
100 Veterans Memorial Highway,P.0 Box reasonable price or cost possible.
6100,Hauppauge,New York 11788-0099,as
soon as possible after the end of the Contractor's ii.) The County reserves the right to
fiscal year The statement must include all purchase or obtain furniture,fixtures,
Federal funding received directly from the equipment,materials,or supplies for
Federal government and all Federal funds passed the Contractor in accordance with the
through from the County and other pass-through programmatic needs of the Contract. If
entities. the County exercises this right,the
f. Copies of all financial statements,Management amount budgeted for the items so
Letters,Single Audit Reports and other audit purchased or obtained by the County
reports must be transmitted to the County and to for the Contractor shall not be available
the Executive Director of Auditing Services at to the Contractor for any purpose
the address set forth above. The reports must be whatsoever. Title to any such items
submitted within thirty(30)days after completion purchased or otherwise obtained by the
of the audit,but in no event later than nine(9) County for the programs encompassed
months after the end of the Contractor's fiscal by the Contract and entrusted to the
year,to which the audit relates. Contractor,shall remain in the County
g. These requirements do not preclude the County, iii,) The County shall retain a proprietary
the Comptroller,or their authorized interest in all furniture,removable
representatives,or Federal or State auditors from fixtures,equipment,materials,and
auditing all records of the Contractor Therefore, supplies purchased or obtained by the
the records of the Contractor must be made Contractor and paid for or reimbursed
available to authorized representatives of Federal, to the Contractor pursuant to the terms
State and County government for that purpose. of the Contract or any prior agreement
h. The provisions of this paragraph shall survive the between the parties.
expiration or termination of the Contract.
iv.) The Contractor shall attach labels
7. Furniture,Fixtures,Equipment,Materials,Supplies indicating the County's proprietary
interest or title in all such property.
a. Purchases,Rentals or Leases Requiring Prior C. County's Right to Take Title and Possession
Approval
Prior to placing any order to purchase,rent or Upon the termination or expiration of the
lease any furniture,fixtures,or equipment valued Contract or any renewal thereof,the
in excess of one thousand dollars($1,000.00)per discontinuance of the business of the Contractor,
the failure of the Contractor to comply with the
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ARTICLE V
a
Law No. 16—AG IFMS No. 0000000
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Line Item/Omnibus Grant—Community Services for the Elderly—Residential Repair
terms of the Contract,the bankruptcy of the supplies from any cause,the Contractor shall
Contractor,an assignment for the benefit of its immediately send the County a detailed written
creditors,or the failure of the Contractor to report thereon.
satisfy any judgment against it within thirty(30)
days of filing of the judgment,the County shall f. Disposition of Property in Contractor's
have the right to take title to and possession of all Custody
furniture,removable fixtures,equipment,
materials,and supplies and the same shall Upon termination of the County's funding of any
thereupon become the property of the County of the Services covered by the Contract,or at any
without any claim for reimbursement on the part other time that the County may direct,the
of the Contractor Contractor shall make access available and render
all necessary assistance for physical removal by
d. Inventory Records,Controls and Reports the County or its designee of any or all furniture,
removable fixtures,equipment,materials or
The Contractor shall maintain proper and supplies in the Contractor's custody in which the
accurate inventory records and controls for all County has a proprietary interest,in the same
such f imiture,removable fixtures and equipment condition as such property was received by the
acquired pursuant to the Contract and all prior Contractor,reasonable wear and tear excepted.
agreements between the parties,if any. Three(3) Any disposition,settlements or adjustments
months before the expiration date of the Contract, connected with such property shall be in
the Contractor shall make a physical count of all accordance with the rules and regulations of the
items of furniture,removable fixtures and County and the State of New York.
equipment in its custody,checking each item
against the aforesaid inventory records. A report 8. Lease or Rental Agreements
setting forth the results of such physical count
shall be prepared by the Contractor on a form or If lease payments or rental costs are included in the Budget
forms designated by the County,certified and as an item of expense reimbursable by the County,the
signed by an authorized official of the Contractor shall promptly submit to the County,upon
Contractor,and one(1)copy thereof shall be request,any lease or rental agreement. If during the Term,
delivered to the County within five(5)days after the Contractor shall enter into a lease or rental agreement,
the date set for the aforesaid physical count. or shall renew a lease or rental agreement,the Contractor
Within five(5)days after the termination or shall,prior to the execution thereof,submit such lease or
expiration date of the Contract,the Contractor rental agreement,to the County for approval.
shall submit to the County six(6)copies of the
same report updated to such date of the Contract,
certified and signed by an authorized official of 9. Statement of Other Contracts
the Contractor,based on a physical count of all
items of furniture,removable fixtures and Prior to the execution of the Contract,the Contractor shall
equipment furniture,
the aforesaid expiration date,and submit a Statement of Other Contracts to the County. If the
revised,if necessary,to include any inventory Contract is amended during the Term,or if the County
changes during the last three(3)months of the exercises its option right,the Contractor shall submit a then
current Statement of Other Contracts.
Term.
e. Protection of Property in Contractor's 10. Miscellaneous Fiscal Terms and Conditions
Custody
a. Limit of County's Obligations
The Contractor shall maintain vigilance and take
all reasonable precautions to protect the furniture, The maximum amount to be paid by the County
fixtures,equipment,material or supplies in its is set forth on the first page of the Contract.
custody against damage or loss by fire,burglary,
theft,disappearance,vandalism,or misuse.In the b. Duplicate Payment from Other Sources
event of burglary,theft,vandalism,or
disappearance of any item of furniture,fixtures, Payment by the County for the Services shall not
equipment,material or supplies,the Contractor duplicate payment received by the Contractor
shall immediately notify the police and make a from any other source.
record thereof,including a record of the results of
any investigation which may be made thereon. In C. Funding Identification
the event of loss of or damage to any item of
furniture,fixtures,equipment,materials,or The Contractor shall promptly submit to the
32 of 35 pages
ARTICLE V
a
Law No. 16—AG IFMS No. 0000000
Rev. 6/17/15 001-6777/JKD1-4980-95285
Line Item/Omnibus Grant—Community Services for the Elderly—Residential Repair
County upon request,a schedule for all programs made until the Contractor submits documentation
funded by the County,itemizing for each such in the manner and form as shall be required by
program the sums received,their source and the State and/or Federal agency If late submission
total program budget. of claims precludes the County from claiming
State or Federal reimbursement,such late claims
d. Outside Funding for Non-County Funded by the Contractor shall not be paid by the County
Activities subject to subparagraph g.below,if,for any
reason,the full amount of such funding is not
Notwithstanding the foregoing provisions of the made available to the County,the Contract may
Contract,it is the intent of the County that the be terminated in whole or in part,or the amount
terms and conditions of the Contract shall not payable to the Contractor may be reduced at the
limit the Contractor from applying for and discretion of the County,provided that any such
accepting outside grant awards or from providing termination or reduction shall not apply to
additional educational activities/services which allowable costs incurred by the Contractor prior
may result in the Contractor incurring additional to such termination or reduction,and provided
costs,as long as the following conditions are met: that money has been appropriated for payment of
such costs.
i.) The County is not the Fund Source for g. Denial of Aid
the additional services;
ii.) Sufficient funding is available for or If a State or Federal government agency is
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
L 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
33 of 35 pages
ARTICLE V
Law No. 16—AG IFMS No. 0000000
Rev. 6/17/15 001-6777/JKD1-4980-95285
Line Item/Omnibus Grant—Community Services for the Elderly—Residential Repair
whatsoever,the Contractor shall spend during the incorporated by reference in,and be made part
Term for the purposes set forth in the Contract an of,the Contract,provided,however,that subject
amount less than,or receive amounts more than, to the availability of funding,approval for the
provided in the Budget,the total cost of the hiring of replacement clerical shall be a
Contract shall be reduced to the net amount of Contractor determination.
actual Contractor expenditures made for such
purposes. The total amount to be paid by the o. No Limitation On Rights
County shall not exceed the lesser of(i)actual
net expenditures or(ii)the total cost of the Notwithstanding anything in this Article V to the
Contract on the cover page and in the Budget. contrary,the County shall have available to it all
Upon termination or expiration of the Contract,if rights and remedies under the Contract and at law
the Contractor's total amount of allowable and equity.
expenses is less than the total amount of the
payments made during the Term,the Contractor P. Comptroller's Rules and Regulations
shall prepare a check payable to the Suffolk
County Treasurer for the difference between the The Contractor shall comply with the
two amounts and submit such payment to the "Comptroller's Rules and Regulations for
County,along with the final Suffolk County Consultant's Agreements"as promulgated by the
Payment Voucher. Department of Audit and Control of Suffolk
County and any amendments thereto during the
k. Travel,Conference,and Meeting Attendance: Term of the Contract. The"Comptroller's Rules
SOP A-07 Amendment I and Regulations for Consultant's Agreements"
and"SOP A-07 Amendment 1"may be viewed
Reimbursement to the Contractor for travel costs online at the County's website,
shall not exceed amounts allowed to County SuffolkCountyny.gov;go to"Government,"then
employees.All conferences that are partially or "Comptroller,"then"Consultant's Agreements."
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 End of Text for Article V
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.
R. 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
34 of 35 pages
ARTICLE V
P
Law No. 16—AG IFMS No. 0000000
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Line Item/Omnibus Grant—Community Services for the Elderly—Residential Repair
Article VI
Budget
Town of Southold
CSE Residential Repair Program
April 1,2015 -March 31,2016
PERSONNEL $19,150
Mechanic I 19,150
FRINGE 1,430
OTHER 1,800
Gas& Oil 1,500
Supplies/Small tools 300
TOTAL $22,380
Less Anticipated Income (3,000)
NET REIMBURSEMENT J19.380
35 of 35 pages
ARTICLE VI
Law No. 16 — AG IFMS No. 0000000
Rev. 6/17/15 001-6777/JKD1-4980-95285
Line Item/Omnibus Grant — Community Services for the Elderly — Residential Repair
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
the H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-
0099; and
Town of Southold ("the Contractor"), a New York Municipal Corporation, having an address at 53095
Main Road, PO Box 1179, Southold, New York 11971.
The Contractor has been designated to receive funds from the County for a Residential Repair Program for
the Elderly ("the Services") as set forth in Article I, entitled "Description of Services."
Term of the Contract: April 1, 2015 through March 31, 2016; with an option, to be exercised at the County's
discretion, to September 30, 2016 on the same terms and conditions herein.
Units of Service: 950 Units of Residential Repair Services
145 Unduplicated Persons
Total Cost of the Contract: Shall not exceed $19,380.00, to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through VI, 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 Southo
By: �Y, /%.�
Scott. Russell
Supervisor
Fed. Tax ID #: 11-6001939
Date
. 5-ao-f 6zec 4 C, t ( hereby
certifies under penalties of perjury that I am /an officer of
-rO a/) t?1^ Sa !�1-tZ�o (e , that I have
read and I am familiar with §A5-8 of Article V of the /Suuffollk//
County Code, and that i,) �2(A2 i meets
all requirements t ualify for exemption thereunder.
Name Date
Approved as to Form:
Dennis M. Brown
Suffolk County Attorney
LIN
Mary E. Porter
Assistant County Attorney
Date .
County of Suffolk
By:
Dennis M. Cohen
Chief Deputy County Executive
Date
Approved:
Department
By:
Holly S. Rhodes -Teague
Director, Office for the Aging
Date
Recommended:
By:
Linda Halliday
Senior Caseworker
Date
111111111111111111
0033842
1 of 35 pages
ARTICLE I
Law No. 16 - AG IFMS No. 0000000
Rev. 6/17/15 001-6777/JKD1-4980-95285
Line Item/Omnibus Grant - Community Services for the Elderly - Residential Repair
List of Articles
ArticleI ....................................................................................................................................................................5
Descriptionof Services.....................................................................................................................:....................................5
1. Conflicting Provisions.......................................................................................................................... 5
ArticleIA...........................................................................................................................................................................14
GrievanceProcedures.........................................................................................................................................................14
ArticleII...........................................................................................................................................................................16
Definitions...........................................................................................................................................................................16
1. Meanings of Terms............................................................................................................................. 16
2. Elements of Interpretation................................................................................................................... 17
ArticleIII...........................................................................................................................................................................18
GeneralTerms and Conditions..........................................................................................................................................18
1. Contractor Responsibilities................................................................................................................. 18
2. Termination.........................................................................................................................................19
3. Indemnification and Defense.............................................................................................................. 19
4. Insurance............................................................................................................................................. 19
5. Independent Contractor...................................................:................................................................... 20
6. Severability......................................................................................................................................... 20
7- Merger; No Oral Changes................................................................................................................... 20
8. Set -Off Rights..................................................................................................................................... 20
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....................................................................................................................... 21
15. Confidentiality.................................................................................................................................... 21
16. Assignment and Subcontracting.......................................................................................................... 21
17. Changes to Contractor......................................................................................................................... 22
18. No Intended Third Party Beneficiaries................................................................................................ 23
19. Certification as to Relationships......................................................................................................... 23
20. Publications......................................................................................................................................... 23
21. Copyrights and 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. Contract Agency Performance Measures and Reporting Requirements - Local Law No. 41-2013 ... 24
27. Notice.................................................................................................................................................. 24
ArticleIV...........................................................................................................................................................................25
SuffolkCounty Legislative Requirements.........................................................................................................................25
1. Contractor's/Vendor's Public Disclosure Statement.......................................................................... 25
2. Living Wage Law................................................................................................................................ 25
2 of 35 pages
ARTICLE I
Law No. 16 — AG IFMS No. 0000000
Rev. 6/17/15 001-6777/JKD1-4980-95285
Line Item/Omnibus Grant — Community Services for the Elderly — Residential Repair
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. Contract Agency Performance Measures and Reporting Requirements ............................................. 27
14. 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 Interest 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
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.................................................................... 33
e. Potential Revenue......................................................................................................................... 33
f. Payments Contingent upon State/Federal Funding....................................................................... 33
g. Denial of Aid................................................................................................................................. 33
h. Budget........................................................................................................................................... 33
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ARTICLE I
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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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Article I
Description of Services
CSE Residential Repair
Whereas, the Contractor has been identified in the 2015 Suffolk County Adopted Budget under the pseudo code
as listed on page one of the Contract to receive funding to perform the Services for the Department; and
Whereas, the provision of residential repair services, designed to help keep elderly residents independent and
safe at home is in the best interest of the County and the elderly residents of Suffolk County; and
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 Residential Repair Program ("Program") is to provide persons aged sixty (60) or over, who are in
need, with minor repair and renovation assistance to remediate or upgrade substandard, unsuitable or
unsafe housing, including, but not limited to, handicapped modifications or crime prevention
modifications.
The Program provides the required labor and recipients pay for necessary supplies and materials.
Persons aged sixty (60) and over who are incapable of maintaining their homes because of illness,
incapacity, handicap or absence of a caretaker relative are eligible to receive services.
3. General Terms and Conditions
In general, but without limitation, the Contractor shall be required to meet the criteria listed below:
a. The Contractor and all of their subcontractors shall adhere to the terms of the Department's New
York State (NYS) Area Plan, to the extent that the program is a part thereof, and the Department
agrees to make the NYS Area Plan available to the Contractor.
b. The Contractor is to afford priority to servicing those elderly persons whom New York State has
identified as the target population (minority, low-income, frail, and vulnerable) in accordance
with paragraph 7 below.
C. The Contractor may not impose a means test of eligibility. No income or asset information may
be used to determine eligibility for service notwithstanding any other provisions of this
Agreement.
d. Persons eligible for or receiving the same or a similar service under another government -funded
program are not eligible for this service. However, determination of eligibility must be done on
an individual basis recognizing specific circumstances as they pertain to the person's need.
e. The Contractor may not charge any fees for services.
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4. Administration
Overall administration of this program will be the responsibility of the Contractor. The Contractor or its
designee will insure proper implementation and direction of the services, act as liaison between the
Department and the actual recipients of service and insure accuracy and timeliness of submission of all reporting
forms and expenditures.
5. Contractor's Staff
a. The Contractor shall employ adequate numbers of qualified staff, which may include volunteers,
and supervisory personnel to meet all the specifications and responsibilities of the program in an
orderly, punctual and reliable manner. All meetings and trainings required by the County are to
be attended by the appropriate staff. The Contractor will have on file with the Department the
procedures to be followed by workers and other staff in case of emergency.
b. The Department has the right to review and approve Contractor's staff applicable to the Program.
C. The provisions of this paragraph 5 are in addition to the provisions of Article V, paragraph 10,
subparagraph n.
6. Coordination
The Contractor shall coordinate the delivery of services with other providers and organizations to
provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish
this, the Contractor will undertake activities such as but not limited to participation in inter -agency
meetings, coordination of referrals and follow-ups with other local service providers, entering into
agreements with other organizations for joint efforts and/or funding, centralized assessment and
maintaining up-to-date resource materials both within and outside the Contractor's organization.
7. Targeting and Outreach
a. The Contractor, to the extent it has discretion regarding to whom it will provide services, must
give preference to providing services to those unserved and underserved older adults in greatest
social or economic need, particularly those who are low income, low income minorities, older
adults with limited English proficiency, Native Americans, and frail/persons with disabilities and
older adults residing in rural areas in accordance with their need for such services, and to meet
specific objectives established by the Department for providing services to the above groups
within the PSA, (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)).
b: The Contractor agrees to concentrate the services on older adults in the targeted populations
identified by the Department following the methods the Department has established for
complying with the targeting requirements under the OAA and the Equal Access and Targeting
Policy issued by the New York State Office for the Aging. 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
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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).
C. The following 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;
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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).
Disabled — Any person who has a physical or mental impairment which substantially
limits one or more major life activities, has a record of such impairment, or is regarded as
having such impairment. This includes alcoholism and drug addiction.
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 adopt staffing procedures which provide for services to be delivered in a
language other than English in areas where a significant number of clients do not speak English
as their principal language.
C. The Contractor shall provide maximum accessibility to those older adults in greatest economic or
social need, and ensure that new sites be free from architectural barriers that limit participation of
disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1)). Accessibility
requirements include provision of services and assistive devices (including assistive technology
services and devices) designed to meet the unique needs of older individuals who are disabled,
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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, note takers,
computer-aided transcription services, written materials, telephone handset
amplifiers, assistive listening systems, telephones compatible with hearing aids,
closed caption decoders, open and closed captioning, telecommunications devices
for deaf persons (TDDs), videotext displays, and exchange of written notes.
For individuals with vision impairments: qualified readers, taped texts, audio
recordings, Brailed materials, large print materials, and assistance in locating
items.
For individuals with speech impairments: TDDs, computer terminals, speech
synthesizers, and communication boards.
d. 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 AAAs and 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 must, at a minimum, maintain a telephonic interpretation service contract or
similar community arrangement with a language interpretation services provider of their choice.
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
One (1) unit of service is equal to one (1) hour of residential repair/renovation service.
a. The Contractor shall submit to the Department monthly reports covering program activity and
expenses incurred during the reporting period. Such reports must be submitted to the Department
by the tenth (1 e) day of the month following the period being reported, and be on a form
specified by the Department and shall comply with all procedures required by the Department for the
proper payment of vouchers and audits.
b. Financial reports, or vouchers, also must never contain the names of the clients served, but may
be coded to indicate the particular client served.
The Contractor must at a minimum determine and maintain the following specific type of
demographic information for each individual receiving services.
Demographics
The Contractor must at a minimum determine and maintain the following specific type of
demographic information for each individual receiving services:
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• Name.
• Sex.
• Age.
• Disabled/Frail.
• Vulnerable.
• Live Alone.
• Low Income - The need resulting from an income level at or below 150% of the
poverty threshold, as established by the Bureau of the Census and updated
annually as follows:
Size of Family Unit 150 % of Poverty Threshold
10. Incident Reporting
185 % of Poverty Threshold
1 $17,655/year $21,775/year
2 $23,895/year $29,471 /year
Minority.
Low Income Minority - those minority persons whose income is at or below 150%
of the poverty threshold.
a. The Contractor agrees to provide the Department with reports of all instances of claims, costs,
damages, and injuries to persons or property of whatsoever kind arising out of services provided under
this Agreement. All such notifications should be given to the Department immediately after the
incident, if possible, but in no case longer than five (5) days after the incident. The Contractor further
agrees to send the Department copies of all "notices of claim" or any other papers relating to litigation
it receives relating to the program covered under this Contract.
b. The Contractor will report at least verbally to the Department, within twenty four (24) hours any
incidents involving the client, whether the incident requires medical attention or not. A written
follow up of such incident shall be sent to the Department within five (5) days of occurrence. The
Contractor will report any circumstances outside normal events that affect the well-being of the
client, including deteriorating conditions and significant changes that might lead to unsafe
conditions for the client.
11. Confidentiality
Confidential records shall be maintained on each recipient. Reports, as required by the Department,
should not contain the names of any clients, and identifying codes should be used to indicate particular
clients served, if necessary.
a. The Contractor agrees that no personal information obtained from an individual in conjunction
with this program shall be disclosed in a form in which it is identified with the individual without
such individual's written consent to such disclosure, except to the Department.
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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. It is the responsibility of the Contractor to provide publicity for the program and to have an
identifying logo in equal sized lettering on any printed materials and on all brochures, flyers, and
advertisements (including without limitation television graphics), and on Program vehicles, as
follows:
Funded by the Department of Health and Human Services
through the New York State Office for the Aging
and the
Suffolk County Office for the Aging
b. Any announcements of the Program on radio or television must identify funding in the same
manner.
C. The provisions of this paragraph 12 supersede the provisions of paragraph 20 of Article III.
13. Contributions
a. The Contractor may not impose a means test of eligibility. No income or asset information may
be used to determine eligibility for service notwithstanding any other provisions of this Contract.
Any Suffolk resident sixty (60) years of age or older is eligible to receive this service.
b. The Contractor has the obligation to inform each recipient of the service, of the opportunity to
make a completely voluntary and anonymous contribution toward the cost of the service. Service
may not be denied, however, if a person is unable or unwilling to make a contribution. An audit
trail, of all incoming contributions received must be reported monthly. All contributions are used
to expand the service. The letter sent to each recipient annually informing him/her of these facts
must include the sources of funding for the program and must include the following information:
Contributions to this (these) service(s) are completely voluntary and anonymous. Service will
not be denied if you are unable or unwilling to contribute. Any contribution you wish to make
will be used to expand the program and will be greatly appreciated.
C. The Contractor must encourage individuals with self -declared incomes at or above one hundred
eighty five percent (185%) of the federal poverty guideline to contribute at levels based on the
actual cost of services.
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
Contractor shall send each recipient an evaluation letter and survey in the form approved by the
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Department, informing him/her of the sources of funding for the program and including the following
information:
Contributions are welcomed and are used to expand this service.
15. Monitoring
a. Financial Transactions
The Department's staff and staff of the New York State Office for the Aging may examine or
review evidence regarding the existence, timing and classification of financial transactions that
are charged to the program for reimbursement. To obtain this evidence, such staff may examine
documentary evidence, including financial statements, financial reports, etc., and original
records. Such staff may make physical verification by actually observing or counting certain
assets (e.g., cash, -equipment and supplies) to establish their physical existence.
b. Program
Subject to the limitations of client confidentiality, the contractor agrees to permit the
Department's staff and staff of the New York Office for the Aging to review program records and
to monitor training, supervision and services at any time.
16. Grievance Procedures
In accordance with §306 (a) (6) (P) of the Older Americans Act, as amended (OAA) and NYS Regulations
6654.16, the Department has established a process for resolving complaints from older persons who are
dissatisfied with or denied services. The Contractor shall comply with the requirements of the Grievance
Procedures as set forth in Article IA - Grievance Procedures.
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Contractor's Proposal and
Response for Targeting and Equal Access
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ARTICLE I
KAREN MCLAUGHLIN
Town Director of Human
Services
Town of Southold
P.O. Box 85
750 Pacific Street
Mattituck, NY 11952
Tel. (631) 298-4460
Fax (631) 298-4462
SOUTHOLD TOWN
RESIDENTIAL REPAIR PROGRAM
Program Narrative 4/1/15- 3/31/16
Nutrition Program
Home Delivered Meals
Case Management
Essential Transportation
Senior Adult Day Care/Katinka
House
'Alzheimer's Day Care
Telephone Reassurance,
Residential Repair
The Residential Repair program is a service designed to help keep elderly residents safely in
their homes by assisting with minor repairs and eliminating .existing safety hazards. The population of
aged 6.0+ residents in Southold Town is approximately.32.23% according to 2010 census data: The
program provided 841.25 units of service to 136 seniors for the 2014/15 program year. This represents an
increase in both annual units provided and the number of seniors served as compared to the previous
program year. To date 5.8% of minority clients were served which exceeded our minority -targeting goal
of 3.47%.
Targeting and expanded outreach efforts will continue to be a major priority for the upcoming
year. In following guidelines set forth under the Older Americans Act, -Southold Town Senior Services
continues our commitment to our goal of providing residential repair services to underserved and/or
minority elderly residents. According to the 2010 U.S. Census, 3.47% of the elderly residents in
Southold Town are minority. Southold Town Senior Services will ensure access for. services to the four
target groups which have the greatest economic and social needs. These groups include minorities, low
income, frail and vulnerable persons aged 60 and older. Targeting groups for improved service will also
include those with Limited English Proficiency (LEP), lesbian, gay, bisexual, and transgender (LGBT)
older adults:
Ensuring equal access to languages services for all is a high priority and is achieved through
a contract that has been established with Propio Language Services. Staff is aware of and trained in
the timely and appropriate use of these languages services. Asa contractor with SCOFA, we willfully
comply with requirements of both the Equal Access to Services and .Targeting Policy (12 -PI 08) and
the Telephonic Interpretation Policy (12 -IM -03) to meet our goal of increasing access to the most
vulnerable elderly, particularly those with limited English proficiency. Staff will ensure that those
with limited English proficiency.(LEP) are informed of the availability of free language interpretation
assistance by providing written notice in languages the LEP person will understand at service
locations. In addition, signs are posted at the entrance of our senior center that highlight the free
service available to all seniors. We will also provide information on the Town's website and issue a
press release informing Southold residents, community service organizations and local churches
about the available language assistance. Access will also be provided via the Southold Town Justice
Court's comprehensive list of court interpreters available pursuant to section 387 of the Judiciary
Law.
We have increased visibility and expanded access to our services. In addition to our existing print
outreach activities of brochures, newspapers, senior center menus and activity calendars and we are
featured in Eastern Long Island Hospital's Seniors Options and Solutions Program newsletter that enjoys
town wide distribution. The website for the Town of Southold www.southoldtownLay.gov is a great
resource and all activities, program announcements and updates are posted weekly. Important links for
programs and services and related forms can be easily accessed. In January, our Residential Repair,
Maintenance Mechanic, accompanied our home delivered meals drivers on their routes and delivered
flashlights donated by the local boy scouts. This outreach opportunity allowed him to inform -seniors
about the Residential Repair Program and providethem with brochure for future reference. Community
Action for Southold Town's new Director, Linda Ruland, continues to communicate with"our staff on
referrals involving individuals 60 years of age and older. Since CAST serves a large minority
component, this is an effective linkage. CAST also rotates through our community services room at the
center to improve service access to vulnerable seniors. Lastly, local pharmacies, have been providing
information on our service to seniors and have been referring customers to Residential Repair for
installation of grab bars and other home safety equipment.
Lynne Richards, Southold Town Disabilities. and ADA Coordinator now has an office on site. at
the Senior Center one day per week to provide advocacy to town residents with disabilities and their
families. Seniors with disabilities can access various services including ADA compliance
questions/complaints and can receive assistance in identifying and applying for services. The Town also
assists income eligible seniors with necessary modifications through the, home repair program funded
with community development block grant funds. The Town has earmarked funding for 2014/15 for the
purchase of portable ramps to assist seniors in accessing their homes after temporary illness or injury.
Our Residential Repair Program will be continue to be available to install portable ramps, grab bars or
other adaptive devices to assist seniors in need of special equipment.
In 2010 Southold Senior Services partnered with the North Fork Woman for Woman Fund in
their NYSOFA's Community Empowerment Aging in Place Grant Program to expand and enhance
awareness of available services to the lesbian community on the North Fork. In 2011, we began working
with the SAGE organization to expand their activities and services to the LGBT community on the north
fork.
Additional outreach efforts include:
• Program highlighted in the Town -wide newsletter and quarterly recreation bulletin that is mailed
to all households.
• Residential Repair program information is featured in the Town's Recreation brochure which is
mailed to all residents on a quarterly basis.
• Placed brochures about town, iri pharmacies, medical offices, & libraries.
• Featured in the Suffolk Times in articles, columns and editorials.
• Referrals from SAMS assessors for the homebound meals -on -wheels participants. Home safety is
reviewed with each client on our home visits and incorporated into all care plans.
• Featured regularly on our monthly menu.
• Word of mouth from. satisfied seniors.
• Church Bulletins.
• Featured on Southold Town Government Cablevision Channel 22.
• Announcements at the local senior meetings and monthly caregivers group.
Our projected unduplicated count of clients for the upcoming year will be 145 with an anticipated
950 units of service with projected contributions of $3,000.00. The procedure for implementing this
program will be carried, out through Senior Services. Referrals are received from SAM's assessors,
seniors, family members, physicians, other outside agencies and individuals. Referrals will be taken at
the Senior Center and appointments made for our Maintenance Mechanic to inspect any work and
prepare a materials list along with a description of work to be performed. Our Maintenance Mechanic
will present the prepared list to the potential client along with the amount of money required for
materials. If approved by the client, an appointment will be made by the Senior Center for the
Maintenance Mechanic to complete the work. A materials purchase record will be provided to the client
and signed by both the client and worker. The Maintenance Mechanic will then perform the repair
duties, oversee the work done and inspect upon completion. Upon completion, a letter will be .sent along
with a client comment form. The letter will indicate that all donations to the program are voluntary and
confidential and that no one will be denied service because of inability or unwillingness to pay and all
contributions are.used to enhance the program.
Cheryl Kaswell, Residential Repair Coordinator, will schedule appointments, facilitate client contact,
time sheet records, materials records and monthly reports to the Suffolk County Office for the Aging.
The Town Director of Human Services will oversee implementation and direction of the program and be
responsible for client service, accuracy and timeliness of reporting and expenditures. The vouchering
process takes place. in the accounting department -by the Deputy Town Comptroller, Connie Solomon.
�L.
Director of Human
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Article IA 3.
Grievance Process
Grievance Procedures
a. Filing of grievances must follow the
1. Purpose
following process:
In accordance with §306 (a) (6) (P) of the
i. Participants must submit their
Older Americans Act, as amended (OAA), the
grievances in writing to the
Suffolk County Office for the Aging has
Departments Program
established a process for resolving complaints
Administrator.
from older persons who are dissatisfied with or
denied services funded under Title III of the
ii. The grievance should be filed
Act.
within thirty (30) days of
2. Notifying Participants of the Right to File a
denial, reduction or
termination of services, or of
Grievance
the event or circumstances
a. The Contractor shall inform all
with which the participant is
participants in the program of the right
dissatisfied. The Department's
to file a grievance. A summary of the
Program Administrator may
procedures, including a statement that
grant an extension for good
assistance to file shall be provided to
cause shown.
older persons, must be prominently
iii. The grievance should be filed
posted at service delivery sites or
on the form approved by the
offices at which participants and service
Department, which shall
applicants apply for services.
include a written statement
Summaries must be in a format
setting forth in detail the date,
approved by the Department and shall
time and circumstances that are
also be written in languages other than
the basis of the complaint.
English where required to serve the
client/applicant population. Service
b. Investigation and Response to
participants shall be informed of the
Grievance:
grievance procedures through written
i. The designated reviewer who
and verbal statements provided to them
performs the initial review
upon assessment and/or reassessment
shall investigate the grievance,
for services.
including, as appropriate,
b. A participant or applicant who is
meeting with the grievant and
denied Title III services by the
other persons involved in the
Contractor and the Department
action(s) complained of or in
program monitor must be given the
the denial of services.
reasons for the denial. The denial
ii. The reviewer shall review all
shall be confirmed in writing and the
pertinent facts and/or
applicant informed of the right to file
documents, and shall
a grievance and to whom the
determine whether the agency
grievance shall be addressed. For
action was made in accordance
services which are applied for by
with lawful procedures (that is,
telephone or verbally, in person, the
consistent with applicable
client may be told of the right to file a
OAA and or State laws,
grievance verbally.
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regulations and policies) and
supported by the facts.
iii. The designated reviewer shall
prepare and send a written
response to the grievant and to
the Department's Director
within fifteen (15) days after
the grievance is filed. The
response shall set forth the
circumstances relating to the
grievance, the action requested
by the grievant, the findings of
the reviewer, a proposed
remedial action, if any, and
reason(s) for and facts relied
on in the determination.
C. Appeal of Initial Response/Decision
i. The grievant may initiate a
request for subsequent review
by the Department's Director
within twenty (20) calendar
days following receipt of
notification by the Program
Administrator of the decision.
ii. The Department's Director
shall request copies of the
initial file on the complaint in
question. The Department's
Director will review the
materials to ensure that
pertinent policies and
procedures have been applied
and followed. If appropriate,
the Department's Director or
his/her designee will meet with
the older person to allow the
grievant an opportunity to
present information about the
grievance.
iii. If the policies and procedures
have been adhered to, the
Department's Director will not
overturn the decision of the
Program Administrator. If
proper policies and procedures
have not been applied, the
Department reserves the right
to overturn the decision. The
subsequent review shall be
completed within forty-five
(45) days of receipt of the
request by the older individual
and the grievant will be
notified in writing of the result
of the subsequent review.
4. Record Keeping
The Department shall keep the records of the
grievance and its handling for six (6) years,
following the conclusion of the calendar year
of the occurrence. The file shall contain, at a
minimum, but not limited to the initial
grievance, any investigative reports; any
written response submitted by the Department
or the service provider; any documents or
other records submitted by any party; the
written Initial Response of the agency, and, if
applicable, the notice to the grievant of the
right to an appeal.
5. Confidentiality
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ARTICLE I
No information, documents or other records
relating to a grievance shall be disclosed by
program staff or volunteers in a form that
identifies the grievant without the written
informed consent of the grievant, unless the
disclosure is required by court order or for
program monitoring by authorized agencies.
End of Article 1A
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Article 11
Definitions
1. Meanings of Terms
As used herein:
"Audit of Financial Statements" means the examination by
the Comptroller and any Federal or State auditing authority of
the financial statements of the Contractor resulting in the
publication of an independent opinion on whether or not those
financial statements are relevant, accurate, complete, and fairly
presented.
"Budget" means the Contractor's summary or plan of all
intended revenue, whether received in the form of fees, grants,
County funding, or any other source, and expenditures necessary to
render the Services.
"Budget Deficiency Plan" means an analysis of the cost of the
Services, changes in fiscal conditions, and required modifications to
the Contract to continue to render the Services.
"Comptroller" means the Comptroller of the County of Suffolk.
"Contract" means all terms and conditions of this Contract forming
all rights and obligations of the Contractor and the County.
"Contractor" means the signatory corporation, its officers, officials,
employees, agents, servants, sub -contractors, and any successor or
assign of any one or more of the foregoing performing the Services.
"County" means the County of Suffolk, its departments, and
agencies.
"County Attorney" means the County Attorney of the County of
Suffolk.
"Department" means the signatory department approving the
Contract.
"Engineering Services" means the definition of the practice of
engineering and the definition of practice of land surveying, as the
case may be, under Section 7201 and Section 7203 of the State
Education Law, respectively.
"Event of Default" means
Insurance as its lawful agent for service of
process; or
d. the Contractor's failure to comply with any
Federal, State or local law, rule, or regulation,
and County policies or directives; or
e. the Contractor's bankruptcy or insolvency; or
f. the Contractor's failure to cooperate in an Audit
of Financial Statements; or
g. the Contractor's falsification of records or
reports, misuse of funds, or malfeasance or
nonfeasance in financial record keeping arising
out of, or in connection with, any contract with
the County; or
h. the Contractor's failure to submit, or failure to
timely submit, documentation to obtain Federal
or State funds; or
i. the inability of the County or the Contractor to
obtain Federal or State funds due to any act or
omission of the Contractor; or
j. any condition that the County determines, in its
sole discretion, is dangerous.
"Federal" means the United States government, its departments, and
agencies.
"Fringe Benefits" means non -wage benefits which accompany, or
are in addition to, a person's salary, such as paid insurance, sick
leave, profit-sharing plans, paid holidays, and vacations.
"Fund Source" means any direct or indirect sum payable to the
Contractor by the County pursuant to any lawful obligation.
"Legislature" means the Legislature of the County of Suffolk.
"Management Letter" means a letter certified as true by the
Contractor's certified public accountant or chief financial officer of
findings and recommendations for improvements in internal fiscal
control that were identified during an Audit of Financial Statements,
but which were not required to be included in an audit report.
"Municipal Corporation" means a town, village, or school district.
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
required by the Contract with an insurer that has
from the County, Federal, or State governments, or a Municipal
designated the New York Superintendent of
Corporation, and (i) which are currently in effect or (ii) which have
expired within the past twelve (12) months and have not been renewed.
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"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
General Terms and Conditions
1. Contractor Responsibilities
a. Duties and Obligations
i.) It shall be the duty of the Contractor to
discharge, or cause to be discharged, all of its
responsibilities, and to administer funds received
in the interest of the County in accordance with
the provisions of the Contract.
ii.) The Contractor shall promptly take all
action as may be necessary to render the Services.
iii.) The Contractor shall not take any
action that is inconsistent with the provisions of
the Contract.
iv.) Services provided under this Contract
shall be open to all residents of the County.
b. Qualifications, Licenses, and Professional
Standards
The Contractor represents and warrants that it
has, and shall continuously possess, during the
Term, the required licensing, education,
knowledge, experience, and character necessary
to qualify it to render the Services.
The Contractor shall continuously have during
the Term all required authorizations, certificates,
certifications, registrations, licenses, permits, and
other approvals required by Federal, State,
County, or local authorities necessary to qualify
it to render the Services.
C. Notifications
i.) The Contractor shall immediately
notify the County, in writing, of any disciplinary
proceedings, commenced or pending, with any
authority relating to a license held by any person
necessary to qualify him, her, or the Contractor to
perform the Services.
ii.) In the event that a person is no longer
licensed to perform the Services, the Contractor
must immediately notify the County, but in no
event shall such notification be later than five (5)
days after a license holder has lost the license
required to qualify the license holder or the
Contractor to perform the Services.
iii.) In the event that the Contractor is not
able to perform the Services due to a loss of
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ARTICLE III
license, the Contractor shall not be reimbursed
for the Services rendered after the effective date
of termination of such license. Without limiting
the generality of the foregoing, if any part of the
Contract remains to be performed, and the
termination of the license does not affect the
Contractor's ability to render the Services, every
other term and provision of the Contract shall be
valid and enforceable to the fullest extent
permitted by law.
d. Documentation of Professional Standards
The Contractor shall maintain on file, in one
location in Suffolk County, all records that
demonstrate that it has complied with sub-
paragraphs (b) and (c) above. The address of the
location of the aforesaid records and documents
shall be provided to the County no later than the
date of execution of the Contract. Such
documentation shall be kept, maintained, and
available for inspection by the County upon
twenty-four (24) hours notice.
e. Credentialing
i.) In the event that the Department, or any
division thereof, maintains a credentialing
process to qualify the Contractor to render the
Services, the Contractor shall complete the
required credentialing process. In the event that
any State credential, registration, certification or
license, Drug Enforcement Agency registration,
or Medicare or Medicaid certification is
restricted, suspended, or temporarily or
permanently revoked, it is the duty of the
Contractor to contact the Department, or division
thereof, as the case may be, in writing, no later
than three (3) days after such restriction,
suspension, or revocation.
ii.) The Contractor shall forward to the
Department, or division thereof, as the case may
be, on or before July I of each year during the
Term, a complete list of the names and addresses
of all persons providing the Services, as well as
their respective areas of certification,
credentialing, registration, and licensing.
Engineering Certificate
In the event that the Contract requires any
Engineering Services, the Contractor shall submit
to the County, no later than the due date for
submission for approval of any engineering work
product, the Certificate of Authorization
("Certificate"), issued pursuant to § 7210 of the
New York Education Law, of every person
performing any Engineering Services. The
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failure to file, submit, or maintain the Certificate
shall be construed as a limitation on the County's
shall be grounds for rejection of any engineering
rights set forth in paragraphs 1(c) (iii) and 8 of
work product submitted for approval.
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, officials, and
The County shall have the right to terminate the
employees from and against all liabilities, fines, penalties,
Contract without cause, for any reason, at any
actions, damages, claims, demands, judgments, losses, suits
time, upon such terms and conditions it deems
or actions, costs, and expenses caused by the negligence or
appropriate, provided, however, that no such
any acts or omissions of the Contractor, including
termination shall be effective unless the
reimbursement of the cost of reasonable attorneys' fees
Contractor is given at least thirty (30) days
incurred by the County, its agents, servants, officials, and
notice.
employees in any action or proceeding arising out of, or in
connection with, the Contract.
b. Event of Default; Termination on Notice
b. The Contractor hereby represents and warrants
i.) The County may immediately terminate
that it will not infringe upon any copyright in performing
the Contract, for cause, upon such terms and
the Services. The Contractor agrees that it shall protect,
conditions it deems appropriate, in the Event of
indemnify, and hold harmless the County, its agents,
Default.
servants, officials, and employees from and against all
liabilities, fines, penalties, actions, damages, claims,
ii.) If the Contractor defaults under any
demands, judgments, losses, suits or actions, costs, and
other provision of the Contract, the County may
expenses arising out of any claim asserted for infringement
terminate the Contract, on not less than five (5)
of copyright, including reimbursement of the cost of
days notice, upon such terms and conditions it
reasonable attorneys' fees incurred by the County, its
deems appropriate.
agents, servants, officials, and employees in any action or
proceeding arising out of or in connection with any claim
C. Termination Notice
asserted for infringement of copyright.
Any notice providing for termination shall be
C. The Contractor shall defend the County, its
delivered as provided for in paragraph 27 of this
agents, servants, officials, and employees in any proceeding
Article III.
or action, including appeals, arising out of, or in
connection with, the Contract, and any copyright
d. Duties upon Termination
infringement proceeding or action. Alternatively, at the
County's option, the County may defend any such
i.) The Contractor shall discontinue the
proceeding or action and require the Contractor to pay
Services as directed in the termination notice.
reasonable attorneys' fees or salary costs of County
employees of the Department of Law for the defense of any
ii.) Subject to any defenses available to it,
such suit.
the County shall pay the Contractor for the
Services rendered through the date of
4. Insurance
termination.
a. The Contractor shall continuously maintain,
iii.) The County is released from any and all
during the Term of the Contract, insurance in amounts and
liability under the Contract, effective as of the
types as follows:
date of the termination notice.
iv.) Upon termination, the Contractor shall i.) Commercial General Liability
reimburse the County the balance of any funds insurance, including contractual liability
advanced to the Contractor by the County no coverage, in an amount not less than Two Million
later than thirty (30) days after termination of the Dollars ($2,000,000.00) per occurrence for
Contract. The provisions of this subparagraph bodily injury and Two Million Dollars
shall survive the expiration or termination of the ($2,000,000.00) per occurrence for property
Contract. damage. The County shall be named an
additional insured.
V.) Nothing contained in this paragraph
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ii.) Automobile Liability insurance (if any
non -owned or owned vehicles are used by the
Contractor in the performance of the Contract) in
an amount not less than Five Hundred Thousand
Dollars ($500,000.00) per person, per accident,
for bodily injury and not less than One Hundred
Thousand Dollars ($100,000.00) for property
damage per occurrence. The County shall be
named an additional insured.
iii.) Workers' Compensation and
Employer's Liability insurance in compliance
with all applicable New York State laws and
regulations and Disability Benefits insurance, if
required by law. The Contractor shall furnish to
the County, prior to its execution of the Contract,
the documentation required by the State of New
York Workers' Compensation Board of coverage
or exemption from coverage pursuant to §§57
and 220 of the Workers' Compensation Law. In
accordance with General Municipal Law § 108,
the Contract shall be void and of no effect unless
the Contractor shall provide and maintain
coverage during the Term for the benefit of such
employees as are required to be covered by the
provisions of the Workers' Compensation Law.
iv.) Professional Liability insurance in an
amount not less than Two Million Dollars
($2,000,000.00) on either a per -occurrence or
claims -made coverage basis.
b. The County may mandate an increase in the
liability limits set forth in the immediately preceding
paragraphs (4)(a)(i), (ii), and (iv).
C. All policies providing such coverage shall be
issued by insurance companies authorized to do business in
New York with an A.M. Best rating of A- or better.
d. The Contractor shall furnish to the County, prior
to the execution of the Contract, declaration pages for each
policy of insurance, other than a policy for commercial
general liability insurance, and upon demand, a true and
certified original copy of each such policy evidencing
compliance with the aforesaid insurance requirements.
e. In the case of commercial general liability
insurance and business use automobile insurance, the
Contractor shall furnish to the County, prior to the
execution of the Contract, a declaration page or insuring
agreement and endorsement page evidencing the County's
status as an additional insured on said policy, and upon
demand, a true and certified original copy of such policy
evidencing compliance with the aforesaid insurance
requirements.
E All evidence of insurance shall provide for the
County to be notified in writing thirty (30) days prior to
any cancellation, nonrenewal, or material change in the
policy to which such evidence relates. It shall be the duty
of the Contractor to notify the County immediately of any
cancellation, nonrenewal, or material change in any
insurance policy.
g. In the event the Contractor shall fail to provide
evidence of insurance, the County may provide the
insurance required in such manner as the County deems
appropriate and deduct the cost thereof from a Fund
Source.
h. If the Contractor is a Municipal Corporation and
has a self-insurance program under which it acts as a self -
insurer for any of such required coverage, the Contractor
shall provide proof, acceptable to the County, of self-
funded coverage.
5. Independent Contractor
The Contractor is not, and shall never be, considered an
employee of the County for any purpose. Notwithstanding
anything contained in this Contract, the Contract shall not
be construed as creating a principal -agent relationship
between the County and the Contractor or the Contractor
and the County, as the case may be.
6. Severability
It is expressly agreed that if any term or provision of this
Contract, or the application thereof to any person or
circumstance, shall be held invalid or unenforceable to any
extent, the remainder of the Contract, or the application of
such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and every other term and
provision of the Contract shall be valid and shall be
enforced to the fullest extent permitted by law.
7. Merger; No Oral Changes
It is expressly agreed that the Contract represents the entire
agreement of the parties and that all previous
understandings are herein merged in the Contract. No
modification of the Contract shall be valid unless in written
form and executed by both parties.
8. Set -Off Rights
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ARTICLE III
The County shall have all of its common law, equitable, and
statutory rights of set-off. These rights shall include, but not
be limited to, the County's option to withhold from a Fund
Source an amount no greater than any sum due and owing to
the County for any reason. The County shall exercise its set-
off rights subject to approval by the County Attorney. In
cases of set-off pursuant to a Comptroller's audit, the County
shall only exercise such right after the finalization thereof,
and only after consultation with the County Attorney.
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9. Non -Discrimination in Services
a. The Contractor shall not, on the grounds of race,
creed, color, national origin, sex, age, disability, sexual
orientation, military status, or marital status
i.) deny any individual the Services
provided pursuant to the Contract; or
ii.) provide the Services to an individual
that is different, or provided in a
different manner, from those provided
to others pursuant to the Contract; or
iii.) subject an individual to segregation or
separate treatment in any matter related
to the individual's receipt of the
Services provided pursuant to the
Contract; or
iv.) restrict an individual in any way from
any advantage or privilege enjoyed by
others receiving the Services provided
pursuant to the Contract; or
treat an individual differently from
others in determining whether or not
the individual satisfies any eligibility or
other requirements or conditions which
individuals must meet in order to
receive the Services provided pursuant
to the Contract.
b. The Contractor shall not utilize criteria or
methods of administration which have the effect of
subjecting individuals to discrimination because of their
race, creed, color, national origin, sex, age, disability,
sexual orientation, military status, or marital status, or have
the effect of substantially impairing the Contract with
respect to individuals of a particular race, creed, color,
national origin, sex, age, disability, sexual orientation,
military status, or marital status, in determining:
i.) the Services to be provided; or
ii.) the class of individuals to whom, or the
situations in which, the Services will be
provided; or
iii.) the class of individuals to be afforded
an opportunity to receive the Services.
10. Nonsectarian/Nonpartisan Declaration
The Services performed under the Contract are secular and
nonpartisan in nature. No funds received pursuant to the
Contract shall be used for sectarian purposes or to further
the advancement of any religion candidate or partisan
effort. The Services will be available to all eligible
individuals regardless of religious belief or political
affiliation.
11. Governing Law
The Contract shall be governed by, and construed in
accordance with, the laws of the State of New York,
without regard to conflict of laws. Venue shall be
designated in the Supreme Court, Suffolk County, the
United States District Court for the Eastern District of New
York, or, if appropriate, a court of inferior jurisdiction in
Suffolk County.
12. No Waiver
It shall not be construed that any failure or forbearance of
the County to enforce any provision of the Contract in any
particular instance or instances is a waiver of that
provision. Such provision shall otherwise remain in full
force and effect, notwithstanding any such failure or
forbearance.
13. Conflicts of Interest
The Contractor shall not, during the Term, pursue a course
of conduct which would cause a reasonable person to
believe that he or she is likely to be engaged in acts that
create a substantial conflict between its obligations under
the Contract and its private interests. The Contractor is
charged with the duty to disclose to the County the
existence of any such adverse interests, whether existing or
potential. This duty shall continue as long as the Term.
The determination as to whether or when a conflict may
potentially exist shall ultimately be made by the County
Attorney after full disclosure is obtained.
14. Cooperation on Claims
The Contractor and the County shall render diligently to
each other, without compensation, any and all cooperation
that may be required to defend the other party, its
employees and designated representatives, against any
claim, demand or action that may be brought against the
other party, its employees or designated representatives
arising out of, or in connection with, the Contract.
15. Confidentiality
Any document of the County, or any document created by
the Contractor and used in rendering the Services, shall
remain'the property of the County and shall be kept
confidential in accordance with applicable laws, rules, and
regulations.
16. Assignment and Subcontracting
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ARTICLE III
a. The Contractor shall not delegate its duties under
the Contract, or assign, transfer, convey, subcontract,
sublet, or otherwise dispose of the Contract, or any of its
right, title or interest therein, or its power to execute the
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Contract, or assign all or any portion of the monies that
may be due or become due hereunder, (collectively referred
to in this paragraph 16 as "Assignment"), to any other
person, entity or thing without the prior written consent of
the County, and any attempt to do any of the foregoing
without such consent shall be void ab initio.
b. Such Assignment shall be subject to all of the
provisions of the Contract and to any other condition the
County requires. No approval of any Assignment shall be
construed as enlarging any obligation of the County under
the terms and provisions of the Contract. No Assignment
of the Contract or assumption by any person of any duty of
the Contractor under the Contract shall provide for, or
otherwise be construed as, releasing the Contractor from
any term or provision of the Contract.
C. The Contractor shall notify the County in writing,
which notice (the "Transfer Notice") shall include:
i.) the proposed effective date of the
Permitted Transfer, which shall not be
less than thirty (30) days nor more than
one hundred eighty (180) days after the
date of delivery of the Transfer Notice;
ii.) a summary of the material terms of the
proposed Permitted Transfer;
iii.) the name and address of the proposed
transferee;
iv.) such information reasonably required
17. Changes to Contractor
by the County, which will enable the
County to determine the financial
a. The Contractor may, from time to time, only with
responsibility, character, and reputation
the County's written consent, enter into a Permitted
of the proposed transferee, nature of the
Transfer. For purposes of the Contract, a Permitted
proposed assignee/transferee's business
Transfer means:
and experience;
i.) if the Contractor is a partnership, the
v.) all executed forms required pursuant to
withdrawal or change, whether
Article IV of the Contract, that are
voluntary, involuntary or by operation
required to be submitted by the
of law, of the partners, or transfer of
Contractor; and
partnership interests (other than the
purchase of partnership interests by
vi.) such other information as the County
existing partners, by the partnership
may reasonably require.
itself or the immediate family members
by reason of gift, sale or devise), or the
d. The County agrees that any request for its
dissolution of the partnership without
consent to a Permitted Transfer shall be granted, provided
immediate reconstitution thereof, and
that the transfer does not violate any provision of the
Contract, and the transferee has not been convicted of a
ii.) if the Contractor is a closely held
criminal offense as described under Article II of Chapter
corporation (i.e. whose stock is not
189 of the Suffolk County Code. The County shall grant or
publicly held and not traded through an
deny its consent to any request of a Permitted Transfer
exchange or over the counter):
within twenty (20) days after delivery to the County of the
Transfer Notice, in accordance with the provisions of
1. the dissolution, merger,
Paragraph 27 of Article III of the Contract. If the County
consolidation or other
shall not give written notice to the Contractor denying its
reorganization of the
consent to such Permitted Transfer (and setting forth the
Contractor; and
basis for such denial in reasonable detail) within such
twenty (20) -day period, then the County shall be deemed to
2. the sale or other transfer of
have granted its consent to such Permitted Transfer.
twenty percent (20%) or
more of the shares of the
e. Notwithstanding the County's consent,
Contractor (other than to
existing shareholders, the
i.) the terms and conditions of the
corporation itself or the
Contract shall in no way be deemed to
immediate family members of
have been waived or modified; and
shareholders -by reason of
gift, sale or devise).
ii.) such consent shall not be deemed
consent to any further transfers.
b. If the Contractor is a not-for-profit corporation, a
change of twenty percent (20%) or more of its shares or
members shall be deemed a Permitted Transfer.
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18. No Intended Third Party Beneficiaries
The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed
a beneficiary of the Contract and no third party shall have
the right to make any claim or assert any right under the
Contract.
19. Certification as to Relationships
The Contractor certifies under penalties of perjury that,
other than through the funds provided in the Contract and
other valid agreements with the County, there is no known
spouse, life partner, business, commercial, economic, or
financial relationship with the County or its elected
officials. The Contractor also certifies that there is no
relationship within the third degree of consanguinity,
between the Contractor, any of its partners, members,
directors, or shareholders owning five (5%) percent or
more of the Contractor, and the County.
20. Publications
Any book, article, report, or other publication related to the
Services provided pursuant to this Contract shall contain
the following statement in clear and legible print:
"This publication is fully or partially funded
by the County of Suffolk."
21. Copyrights and Patents
a. Copyrights
Any and all materials generated by or on behalf of the
Contractor while performing the Services (including,
without limitation, designs, images, video, reports,
analyses, manuals, films, tests, tutorials, and any other
work product of any kind) and all intellectual property
rights relating thereto ("Work Product") are and shall be
the sole property of the County. The Contractor hereby
assigns to the County its entire right, title and interest, if
any, to all Work Product, and agrees to do all acts and
execute all documents, and to use its best efforts to ensure
that its employees, consultants, subcontractors, vendors and
agents do all acts and execute any documents, necessary to
vest ownership in the County of any and all Work Product.
The Contractor may not secure copyright protection. The
County reserves to itself, and the Contractor hereby gives
to the County, and to any other person designated by the
County, consent to produce, reproduce, publish, translate,
display or otherwise use the Work Product. This paragraph
shall survive any completion, expiration or termination of
this Contract.
The County shall be deemed to be the author of all the
Work Product. The Contractor acknowledges that all Work
Product shall constitute "work made for hire" under the
U.S. copyright laws. To the extent that any Work Product
does not constitute a "work made for hire," the Contractor
hereby assigns to the County all right, title and interest,
including the right, title and interest to reproduce, edit,
adapt, modify or otherwise use the Work Product, that the
Contractor may have or may hereafter acquire in the Work
Product, including all intellectual property rights therein, in
any manner or medium throughout the world in perpetuity
without compensation. This includes, but is not limited to,
the right to reproduce and distribute the Work Product in
electronic or optical media, or in CD-ROM, on-line or
similar format.
b. Patents
If the Contractor develops, invents, designs or creates any
idea, concept, code, processes or other work or materials
during the Term, or as a result of any Services performed
under the Contract ("patent eligible subject matter"), it
shall be the sole property of the County. The Contractor
hereby assigns to the County its entire right, title and
interest, if any, to all patent eligible subject matter, and
agrees to do all acts and execute all documents, and to use
its best efforts to ensure that its employees, consultants,
subcontractors, vendors and agents do all acts and execute
any documents, necessary to vest ownership in the County
of any and all patent eligible subject matter. The
Contractor may not apply for or secure for itself patent
protection. The County reserves to itself, and the
Contractor hereby gives to the County, and to any other
person designated by the County, consent to produce or
otherwise use any item so discovered and/or the right to
secure a patent for the discovery or invention. This
paragraph shall survive any completion, expiration or
termination of this Contract.
22. Arrears to County
Contractor warrants that, except as may otherwise be
authorized by agreement, it is not in arrears to the County
upon any debt, contract, or any other lawful obligation, and
is not in default to the County as surety.
23. Lawful Hiring of Employees Law in Connection
with Contracts for Construction or Future
Construction
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ARTICLE III
In the event that the Contract is subject to the Lawful
Hiring of Employees Law of the County of Suffolk, Suffolk
County Code Article II of Chapter 353, as more fully set
forth in the Article entitled "Suffolk County Legislative
Requirements," the Contractor shall maintain the
documentation mandated to be kept by this law on the
construction site at all times. Employee sign -in sheets and
register/log books shall be kept on the construction site at
all times and all covered employees, as defined in the law,
shall be required to sign such sign -in sheets/register/log
books to indicate their presence on the construction site
during such working hours.
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27. Notice
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. Contract Agency Performance Measures and
Reporting Requirements — Local Law No. 41-2013
a. If payment under this Contract may exceed
$50,000, it is subject to the requirements of Suffolk County
Local Law No. 41-2013, a Local Law to Implement
Performance Measurement to Increase Accountability and
Enhance Service Delivery by Contract Agencies (Article
VIII of Chapter 189 of the Suffolk County Code) as set
forth in Exhibit 2 entitled "Suffolk County Legislative
Requirements."
b. The Contractor shall cooperate with the
Department in all aspects necessary to help carry out the
requirements of the Law. Based on criteria established by
the Contractor in conjunction with the Department, the
Contractor shall submit monthly reports regarding the
Contractor's performance relative to the established
criteria, on dates and times as specified by the Department.
C. The Contractor shall submit an annual report to
the Department regarding the Contractor's performance no
later than July 31 of each year of the Term. All
performance data and reports will be subject to audit by the
Comptroller.
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ARTICLE III
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.
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Article IV Required Forms:
Suffolk County Legislative Requirements Suffolk County Living Wage Form LW -1; entitled "Suffolk
NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE County Department of Labor — Living Wage Unit Notice of
REQUIRED FORMS REFERENCED HEREIN ARE Application for County Compensation (Contract)."
AVAILABLE ON FILE AT THE COUNTY ATTORNEY'S
OFFICE AND THE DEPARTMENT NAMED ON THE Suffolk County Living Wage Form LW -38; entitled
SIGNATURE PAGE OF THIS CONTRACT. "Suffolk County Department of Labor —Living Wage Unit
Living Wage Certification/Declaration — Subject To
Audit."
1. Contractor's/Vendor's Public Disclosure Statement
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
II of Chapter 353 of the Suffolk County Code.
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ARTICLE IV
3. Use of County Resources to Interfere with Collective
It shall be the duty of the Contractor to read, become
Bargaining Activities
familiar with, and comply with the requirements of section
A5-8 of Article V of the Suffolk County Code.
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article I
Unless certified by an officer of the Contractor as being
of Chapter 803 of the Suffolk County Code.
exempt from the requirements of section A5-8 of Article V
of the Suffolk County Code, the Contractor represents and
County Contractors (as defined by section 803-2) shall
warrants that it has filed with the Comptroller the verified
comply with all requirements of Chapter 803 of the Suffolk
public disclosure statement required by Suffolk County
County Code, including the following prohibitions:
Administrative Code Article V, section A5-8 and shall file
a. The Contractor shall not use County funds to
an update of such statement with the Comptroller on or
assist, promote, or deter union organizing.
before the 31 st day of January in each year of the
Contract's duration. The Contractor acknowledges that
b. No County funds shall be used to reimburse the
such filing is a material, contractual and statutory duty and
Contractor for any costs incurred to assist,
that the failure to file such statement shall constitute a
promote, or deter union organizing.
material breach of the Contract, for which the County shall
be entitled, upon a determination that such breach has
C. No employer shall use County property to hold a
occurred, to damages, in addition to all other legal
meeting with employees or supervisors if the
remedies, of fifteen percent (15%) of the amount of the
purpose of such meeting is to assist, promote, or
Contract.
deter union organizing.
Required Form:
If the Services are performed on County property, the
Suffolk County Form SCEX 22; entitled
Contractor must adopt a reasonable access agreement, a
"Contractor'sNendor's Public Disclosure Statement"
neutrality agreement, fair communication agreement, non -
intimidation agreement, and a majority authorization card
2. Living Wage Law
agreement.
It shall be the duty of the Contractor to read, become
If the Services are for the provision of human services and
familiar with, and comply with the requirements of Chapter
are not to be performed on County property, the Contractor
575, of the Suffolk County Code.
must adopt, at the least, a neutrality agreement.
This Contract is subject to the Living Wage Law of the
Under the provisions of Chapter 803, the County shall have
County of Suffolk. The law requires that, unless specific
the authority, under appropriate circumstances, to terminate
exemptions apply, all employers (as defined) under service
the Contract and to seek other remedies as set forth therein,
contracts and recipients of County financial assistance, (as
for violations of this Law.
defined) shall provide payment of a minimum wage to
employees as set forth in the Living Wage Law. Such rate
Required Form:
shall be adjusted annually pursuant to the terms of the
Suffolk County Labor Law Form DOL -LO 1; entitled
Suffolk County Living Wage Law of the County of Suffolk.
"Suffolk County Department of Labor — Labor Mediation
Under the provisions of the Living Wage Law, the County
Unit Union Organizing Certification/Declaration - Subject
shall have the authority, under appropriate circumstances,
to Audit."
to terminate the Contract and to seek other remedies as set
forth therein, for violations of this Law.
4. Lawful Hiring of Employees Law
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
II of Chapter 353 of the Suffolk County Code.
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This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk. It provides that all covered
employers, (as defined), and the owners thereof, as the case
may be, that are recipients of compensation from the
County through any grant, loan, subsidy, funding,
appropriation, payment, tax incentive, contract,
subcontract, license agreement, lease or other financial
compensation agreement issued by the County or an
awarding agency, where such compensation is one hundred
percent (100%) funded by the County, shall submit a
completed sworn affidavit (under penalty of perjury), the
form of which is attached, certifying that they have
complied, in good faith, with the requirements of Title 8 of
the United States Code Section 1324a with respect to the
hiring of covered employees (as defined) and with respect
to the alien and nationality status of the owners thereof.
The affidavit shall be executed by an authorized
representative of the covered employer or owner, as the
case may be; shall be part of any executed contract,
subcontract, license agreement, lease or other financial
compensation agreement with the County; and shall be
made available to the public upon request.
All contractors and subcontractors (as defined) of covered
employers, and the owners thereof, as the case may be, that
are assigned to perform work in connection with a County
contract, subcontract, license agreement, lease or other
financial compensation agreement issued by the County or
awarding agency, where such compensation is one hundred
percent (100%) funded by the County, shall submit to the
covered employer a completed sworn affidavit (under
penalty of perjury), the form of which is attached,
certifying that they have complied, in good faith, with the
requirements of Title 8 of the United States Code Section
1324a with respect to the hiring of covered employees and
with respect to the alien and nationality status of the
owners thereof, as the case may be. The affidavit shall be
executed by an authorized representative of the contractor,
subcontractor, or owner, as the case may be; shall be part of
any executed contract, subcontract, license agreement, lease
or other financial compensation agreement between the
covered employer and the County; and shall be made
available to the public upon request.
An updated affidavit shall be submitted by each such
employer, owner, contractor and subcontractor no later
than January 1 of each year for the duration of any contract
and upon the renewal or amendment of the Contract, and
whenever a new contractor or subcontractor is hired under
the terms of the Contract.
The Contractor acknowledges that such filings are a
material, contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach
of the Contract.
Under the provisions of the Lawful Hiring of Employees
Law, the County shall have the authority to terminate the
Contract for violations of this Law and to seek other
remedies available under the law.
The documentation mandated to be kept by this law shall at
all times be kept on site. Employee sign -in sheets and
register/log books shall be kept on site at all times during
working hours and all covered employees, as defined in the
law, shall be required to sign such sign -in
sheets/register/log books to indicate their presence on the
site during such working hours.
Required Forms:
Suffolk County Lawful Hiring of Employees Law Form
LHE-1; entitled "Suffolk County Department of Labor—
Notice Of Application To Certify Compliance With Federal
Law (8 U.S.C. Section 1324a) With Respect To Lawful
Hiring of Employees."
Suffolk County Lawful Hiring of Employees Law Form
LHE-2; entitled "Affidavit Of Compliance With The
Requirements Of 8 U.S.C. Section 1324a With Respect To
Lawful Hiring Of Employees"
5. Gratuities
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Chapter
664 of the Suffolk County Code.
The Contractor represents and warrants that it has not
offered or given any gratuity to any official, employee or
agent of the County or the State or of any political party,
with the purpose or intent of securing an agreement or
securing favorable treatment with respect to the awarding
or amending of an agreement or the making of any
determinations with respect to the performance of an
agreement.
6. Prohibition Against Contracting with Corporations
that Reincorporate Overseas
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of sections
A4-13 and A4-14 of Article IV of the Suffolk County
Code.
The Contractor represents that it is in compliance with
sections A4-13 and A4-14 of Article IV of the Suffolk
County Code. Such law provides that no contract for
consulting services or goods and services shall be awarded
by the County to a business previously incorporated within
the U.S.A. that has reincorporated outside the U.S.A.
7. Child Sexual Abuse Reporting Policy
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ARTICLE IV
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
II of Chapter 880 of the Suffolk County Code.
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The Contractor shall comply with Article II of Chapter 880,
of the Suffolk County Code, entitled "Child Sexual Abuse
Reporting Policy," as now in effect or amended hereafter or
of any other Suffolk County Local Law that may become
applicable during the term of the Contract with regard to
child sexual abuse reporting policy.
8. Non Responsible Bidder
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
II of Chapter 189 of the Suffolk County Code.
Upon signing the Contract, the Contractor certifies that it
has not been convicted of a criminal offense within the last
ten (10) years. The term "conviction" shall mean a finding
of guilty after a trial or a plea of guilty to an offense
covered under section 189-5 of the Suffolk County Code
under "Nonresponsible Bidder."
9. Use of Funds in Prosecution of Civil Actions
Prohibited
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
III of Chapter 893 of the Suffolk County Code.
The Contractor shall not use any of the moneys, in part or
in whole, and either directly or indirectly, received under
the Contract in connection with the prosecution of any civil
action against the County in any jurisdiction or any judicial
or administrative forum.
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 institution,
shall enter into such MOU as soon as possible after the
execution of the Contract and failure to enter into or to
perform in accordance with such MOU shall be deemed to
be a failure to perform in accordance with the Contract, for
which the County may withhold payment, terminate the
Contract or exercise such other remedies as may be
appropriate in the circumstances.
12. Safeguarding Personal Information of Minors
It shall be the duty of the Contractor to read, become familiar
with, and comply with the requirements of Suffolk County
Local Law No. 20-2013, a Local Law to Safeguard the
Personal Information of Minors in Suffolk County.
All contract agencies that provide services to minors are
required to protect the privacy of the minors and are strictly
prohibited from selling or otherwise providing to any third
party, in any manner whatsoever, the personal or identifying
information of any minor participating in their programs.
13. Contract Agency Performance Measures and
Reporting Requirements
It shall be the duty of the Contractor to read, become familiar
with, and comply with the requirements of Suffolk County
Local Law No. 41-2013, a Local Law to Implement
Performance Measurement to Increase Accountability and
Enhance Service Delivery by Contract Agencies (Article VIII
of Chapter 189 of the Suffolk County Code).
All contract agencies having a contract in excess of
$50,000 shall cooperate with the contract's administering
department to identify the key performance measures
related to the objectives of the service the contract agency
provides and shall develop an annual performance
reporting plan. The contract agency shall cooperate with
the administering department and the County Executive's
performance management team to establish working groups
to identify appropriate performance indicators for monthly
evaluation of the contract agency's performance measures.
14. Suffolk County Local Laws Website Address
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ARTICLE IV
Suffolk County Local Laws, Rules and Regulations
can be accessed on the homepage of the Suffolk
County Legislature.
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Article V
by the Suffolk County Department of Audit and
General Fiscal Terms and Conditions
Control. Documentation, including any other
form(s) required by County or the Suffolk
1. General Payment Terms
County Department of Audit and Control, shall
be furnished to the County pursuant to, and as
a. Presentation of Suffolk County Payment
limited by, the Regulations for Accounting
Voucher
Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
In order for payment to be made by the County to
addition to any other remedies that the County
the Contractor for the Services, the Contractor
may have, failure to supply the required
shall prepare and present a Suffolk County
documentation will disqualify the Contractor
Payment Voucher, which shall be documented by
from any further County contracts.
sufficient, competent and evidential matter. Each
Suffolk County Payment Voucher submitted for C.
Payment by County
payment is subject to Audit at any time during
the Term or any extension thereof. This
payment by the County shall be made within
provision shall survive expiration or termination
thirty (30) days after approval of the Suffolk
of this Contract for a period of not less than
County Payment Voucher by the Comptroller.
seven (7) years, and access to records shall be as
set forth in paragraph 25 of Article III, and d.
Budget Modification
paragraph 4(b) of Article V.
i.) The parties shall use the Contract
b. Voucher Documentation
Budget Modification Request form
("Budget Modification") for revisions
The Suffolk County Payment Voucher shall list
to the Budget and Services not
all information regarding the Services and other
involving an increase to the total cost
items for which expenditures have been or will be
of the Contract. If the Contractor is
made in accordance with the Contract. Either
seeking such a modification, the
upon execution of the Contract (for the Services
Contractor shall contact the
already rendered and expenditures already made),
Department to receive the form and
or not more than thirty (30) days after the
enter the required information. When
expenditures were made, and in no event after the
the County and the Contractor agree as
31` day of January following the end of each year
to such revisions, the Contractor shall
of the Contract, the Contractor shall furnish the
sign the Budget Modification form and
County with detailed documentation in support
return it to the County for execution
of the payment for the Services or expenditures
along with any other documentation the
under the Contract e.g. dates of the Service,
Department may require.
worksite locations, activities, hours worked, pay
rates and all program Budget categories. The
ii.) Such request must be made in advance
Suffolk County Payment Voucher shall include
of incurring any expenditure for which
time records, certified by the Contractor as true
the revision is needed.
and accurate, of all personnel for whom
expenditures are claimed during the period.
iii•) Upon complete execution of the Budget
Time and attendance records of a project director,
Modification form, the County shall
if any, shall be certified by the Chairperson,
return a copy to the Contractor. The
President or other designated member of the
revision shall not be effective until the
Board of Directors of the Contractor. All Suffolk
Budget Modification is completely
County Payment Vouchers must bear a signature
executed.
as that term is defined pursuant to New York
State General Construction Law §46 by duly
iv.) The Budget Modification form may be
authorized persons, and certification of such
submitted only twice per calendar year
authorization with certified specimen signatures
and may only be submitted prior to
thereon must be filed with the County by a
November 15`h. of that year.
Contractor official empowered to sign the
Contract. Disbursements made by the Contractor e.
Budget and/or Services Revisions
in accordance with the Contract and submitted
for reimbursement must be documented and must
i.) The parties shall use the Contract
comply with accounting procedures as set forth
Budget/Services Revision Approval
Form (Budget /Services Revisions) for
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revisions to the Budget and Services
involving any change to the total cost
ii.) determine future payments to the
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
ii.) When the County and the Contractor
conditions under which such
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
iii.) Upon complete execution of the form
those terms and conditions in no less than
by the parties, the County shall return a
fourteen (14) days.
copy to the Contractor. The revision 3.
Personnel Salaries, Pension and Employee Benefit
shall not be effective until the Budget
Plans, Rules and Procedures
/Services Revisions is completely
executed.
a. Upon request, the Contractor shall submit to the
f. Taxes
County a current copy, certified by the
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
from payment of such taxes.
ii.) personnel rules and procedures;
g. Final Voucher
iii.) pension plan and any other employee
benefit plans or arrangements.
The acceptance by the Contractor of payment of
all billings made on the final approved Suffolk
b. The Contractor shall not be entitled to
County Payment Voucher shall operate as and
reimbursement for costs under any pension or
shall be a release of the County from all claims
benefit plan the Comptroller deems commercially
by the Contractor through the date of the
unreasonable.
Voucher.
C. Notwithstanding anything in this paragraph 3 of
2. Subject to Appropriation of Funds
this Article V, the County shall not be limited in
requesting such additional financial information
a. The Contract is subject to the amount of funds
it deems reasonable.
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature 4.
Accounting Procedures
and no liability shall be incurred by the County
beyond the amount of funds appropriated each
a. The Contractor shall maintain accounts, books,
fiscal year by the County Legislature for the
records, documents, other evidence, and
Services.
accounting procedures and practices which
sufficiently and properly reflect all direct and
b. If the County fails to receive Federal or State
indirect costs of any nature expended in the
funds originally intended to pay for the Services,
performance of the Contract, in accordance with
or to reimburse the County, in whole or in part,
generally accepted accounting principles and
for payments made for the Services, the County
with rules, regulations and financial directives, as
shall have the sole and exclusive right to:
may be promulgated by the Suffolk County
Department of Audit and Control and the
i.) determine how to pay for the Services;
Department. The Contractor shall permit
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inspection and audit of such accounts, books,
records, documents and other evidence by the
Department and the Suffolk County Comptroller,
or their representatives, as often as, in their
judgment, such inspection is deemed necessary.
Such right of inspection and audit as set forth in
subparagraph b. below shall exist during the
Term and for a period of seven (7) years after
expiration or termination of the Contract.
b. 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.
C. The Contractor shall utilize the accrual basis of
accounting and will submit all financial reports
and claims based on this method of accounting
during the Term.
5. Audit of Financial Statements
a. All payments made under the Contract are
subject to audit by the Comptroller pursuant to
Article V of the Suffolk County Charter. The
Contractor further agrees that the Comptroller
and the Department shall have access to and the
right to examine, audit, excerpt, copy or
transcribe any pertinent transactions or other
records relating to services under the Contract. If
such an audit discloses overpayments by the
County to the Contractor, within thirty (30) days
after the issuance of an official audit report by the
Comptroller or his duly designated
representatives, the Contractor shall repay the
amount of such overpayment by check to the
order of the Suffolk County Treasurer or shall
submit a proposed plan of repayment to the
Comptroller. If there is no response, or if
satisfactory repayments are not made, the County
may recoup overpayments from any amounts due
or becoming due to the Contractor from the
County under the Contract or otherwise.
b. The provisions of this paragraph shall survive the
expiration or termination of the Contract for a
period of seven (7) years, and access to records
shall be as set forth in paragraph 25 of Article III,
and paragraph 4(b) of Article V.
6. Financial Statements and Audit Requirements
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ARTICLE V
a. Notwithstanding any other reporting or
certification requirements of Federal, State, or
local authorities, the Contractor shall obtain the
services of an independent licensed public
accountant or certified public accountant (the
"Auditor") to audit its financial statements for
each Contractor's "fiscal year" in which the
Contractor has received, or will receive, three
hundred thousand ($300,000.00) dollars or more
from the County, whether under the Contract or
other agreements with the County, and shall
submit a report to the County on the overall
financial condition and operations of the
Contractor, including a balance sheet and
statement of income and expenses, attested by the
Auditor as fairly and accurately reflecting the
accounting records of the Contractor in
accordance with generally accepted accounting
principles. The Contractor may solicit requests
for proposals from a number of qualified
accounting firms and review carefully the costs
of, and qualifications for, this type of work before
selecting the Auditor.
b. The Auditor should be required to meet the
following minimum requirements:
i.) a current license issued by
the New York State
Education Department;
sufficient auditing experience
in the not-for-profit,
governmental or profit-
making areas, as applicable;
and
iii.) a satisfactory peer review
issued within not more than
three (3) years prior to the
date when the Auditor was
selected to conduct the audit.
C. The audit must be conducted in accordance with
generally accepted governmental auditing
standards. Financial statements must clearly
differentiate between County -funded programs
and other programs that the Contractor may be
operating. The use of subsidiary schedules
should be encouraged for this purpose. The
Auditor must also prepare a Management Letter
based on the audit.
In the event the Contractor is a not-for-profit
organization or unit of local government and
expends five hundred thousand ($500,000.00)
dollars or more of Federal monies, whether as a
recipient expending awards received directly
from Federal awarding agencies, or as a
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subrecipient expending Federal awards received
unit for which the Contractor will seek
from a pass-through entity, such as New York
reimbursement from the County, the Contractor
State or Suffolk County, during any fiscal year
shall submit to the County a written request for
within which it receives funding under the
approval to make such a proposed purchase,
Contract, the audit must be conducted, and the
rental or lease, with a list showing the quantity
audit report ("Single Audit Report") must be, in
and description of each item, its intended
accordance with OMB Circular No. A-133
location and use, estimated unit price or cost, and
(revised June 27, 2003). Single Audit Reports
estimated total cost of the proposed order.
must also be submitted to the designated
Written approval of the County shall be required
clearinghouse, cognizant agency and/or pass-
before the Contractor may proceed with such
through entity, to the extent required by the OMB
proposed purchase, rental or lease of furniture,
Circular referred to above.
fixtures or equipment. All items purchased must
e. The Contractor must submit to the County a
be new or like new unless specifically described
otherwise in the Budget.
statement in writing, certified by its chief
financial officer, which states the amount of b.
Purchase Practices/Proprietary Interest of
Federal funding expended by the Contractor
County
during such fiscal year. The Contractor must
mail or deliver the certified statement to the
i.) The Contractor shall follow the general
Department and to the Executive Director of
practices that are designed to obtain
Auditing Services, Suffolk County Department of
furniture, fixtures, equipment,
Audit and Control, H. Lee Dennison Building,
materials, or supplies at the most
100 Veterans Memorial Highway, P. O. Box
reasonable price or cost possible.
6100, Hauppauge, New York 11788-0099, as
soon as possible after the end of the Contractor's
ii.) The County reserves the right to
fiscal year. The statement must include all
purchase or obtain furniture, fixtures,
Federal funding received directly from the
equipment, materials, or supplies for
Federal government and all Federal funds passed
the Contractor in accordance with the
through from the County and other pass-through
programmatic needs of the Contract. If
entities.
the County exercises this right, the
f. Copies of all financial statements, Management
amount budgeted for the items so
Letters, Single Audit Reports and other audit
purchased or obtained by the County
reports must be transmitted to the County and to
for the Contractor shall not be available
the Executive Director of Auditing Services at
to the Contractor for any purpose
the address set forth above. The reports must be
whatsoever. Title to any such items
submitted within thirty (30) days after completion
purchased or otherwise obtained by the
of the audit, but in no event later than nine (9)
County for the programs encompassed
months after the end of the Contractor's fiscal
by the Contract and entrusted to the
year, to which the audit relates.
Contractor, shall remain in the County.
g. These requirements do not preclude the County,
iii.) The County shall retain a proprietary
the Comptroller, or their authorized
interest in all furniture, removable
representatives, or Federal or State auditors from
fixtures, equipment, materials, and
auditing all records of the Contractor. Therefore,
supplies purchased or obtained by the
the records of the Contractor must be made
Contractor and paid for or reimbursed
available to authorized representatives of Federal,
to the Contractor pursuant to the terms
State and County government for that purpose.
of the Contract or any prior agreement
h. The provisions of this paragraph shall survive the
between the parties.
expiration or termination of the Contract.
iv.) The Contractor shall attach labels
Furniture, Fixtures, Equipment, Materials, Supplies
indicating the County's proprietary
interest or title in all such property.
a. Purchases, Rentals or Leases Requiring Prior C.
County's Right to Take Title and Possession
Approval
Prior to placing any order to purchase, rent or
Upon the termination or expiration of the
lease any furniture, fixtures, or equipment valued
Contract or any renewal thereof, the
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
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ARTICLE V
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terms of the Contract, the bankruptcy of the
Contractor, an assignment for the benefit of its
creditors, or the failure of the Contractor to
satisfy any judgment against it within thirty (30)
days of filing of the judgment, the County shall
have the right to take title to and possession of all
furniture, removable fixtures, equipment,
materials, and supplies and the same shall
thereupon become the property of the County
without any claim for reimbursement on the part
of the Contractor.
d. Inventory Records, Controls and Reports
The Contractor shall maintain proper and
accurate inventory records and controls for all
such furniture, removable fixtures and equipment
acquired pursuant to the Contract and all prior
agreements between the parties, if any. Three (3)
months before the expiration date of the Contract,
the Contractor shall make a physical count of all
items of furniture, removable fixtures and
equipment in its custody, checking each item
against the aforesaid inventory records. A report
setting forth the results of such physical count
shall be prepared by the Contractor on a form or
forms designated by the County, certified and
signed by an authorized official of the
Contractor, and one (1) copy thereof shall be
delivered to the County within five (5) days after
the date set for the aforesaid physical count.
Within five (5) days after the termination or
expiration date of the Contract, the Contractor
shall submit to the County six (6) copies of the
same report updated to such date of the Contract,
certified and signed by an authorized official of
the Contractor, based on a physical count of all
items of furniture, removable fixtures and
equipment on the aforesaid expiration date, and
revised, if necessary, to include any inventory
changes during the last three (3) months of the
Term.
supplies from any cause, the Contractor shall
immediately send the County a detailed written
report thereon.
Disposition of Property in Contractor's
Custody
Upon termination of the County's funding of any
of the Services covered by the Contract, or at any
other time that the County may direct, the
Contractor shall make access available and render
all necessary assistance for physical removal by
the County or its designee of any or all furniture,
removable fixtures, equipment, materials or
supplies in the Contractor's custody in which the
County has a proprietary interest, in the same
condition as such property was received by the
Contractor, reasonable wear and tear excepted.
Any disposition, settlements or adjustments
connected with such property shall be in
accordance with the rules and regulations of the
County and the State of New York.
8. Lease or Rental Agreements
If lease payments or rental costs are included in the Budget
as an item of expense reimbursable by the County, the
Contractor shall promptly submit to the County, upon
request, any lease or rental agreement. If during the Term,
the Contractor shall enter into a lease or rental agreement,
or shall renew a lease or rental agreement, the Contractor
shall, prior to the execution thereof, submit such lease or
rental agreement, to the County for approval.
9. Statement of Other Contracts
Prior to the execution of the Contract, the Contractor shall
submit a Statement of Other Contracts to the County. If the
Contract is amended during the Term, or if the County
exercises its option right, the Contractor shall submit a then
current Statement of Other Contracts.
e. Protection of Property in Contractor's 10. Miscellaneous Fiscal Terms and Conditions
Custody
a. Limit of County's Obligations
The Contractor shall maintain vigilance and take
all reasonable precautions to protect the furniture,
fixtures, equipment, material or supplies in its
custody against damage or loss by fire, burglary,
theft, disappearance, vandalism, or misuse. In the
event of burglary, theft, vandalism, or
disappearance of any item of furniture, fixtures,
equipment, material or supplies, the Contractor
shall immediately notify the police and make a
record thereof, including a record of the results of
any investigation which may be made thereon. In
the event of loss of or damage to any item of
furniture, fixtures, equipment, materials, or
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ARTICLE V
The maximum amount to be paid by the County
is set forth on the first page of the Contract.
b. Duplicate Payment from Other Sources
Payment by the County for the Services shall not
duplicate payment received by the Contractor
from any other source.
C. Funding Identification
The Contractor shall promptly submit to the
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County upon request, a schedule for all programs
made until the Contractor submits documentation
funded by the County, itemizing for each such
in the manner and form as shall be required by
program the sums received, their source and the
State and/or Federal agency. If late submission
total program budget.
of claims precludes the County from claiming
State or Federal reimbursement, such late claims
d. Outside Funding for Non -County Funded
by the Contractor shall not be paid by the County
Activities
subject to subparagraph g. below, if, for any
reason, the full amount of such funding is not
Notwithstanding the foregoing provisions of the
made available to the County, the Contract may
Contract, it is the intent of the County that the
be terminated in whole or in part, or the amount
terms and conditions of the Contract shall not
payable to the Contractor may be reduced at the
limit the Contractor from applying for and
discretion of the County, provided that any such
accepting outside grant awards or from providing
termination or reduction shall not apply to
additional educational activities/services which
allowable costs incurred by the Contractor prior
may result in the Contractor incurring additional
to such termination or reduction, and provided
costs, as long as the following conditions are met:
that money has been appropriated for payment of
such costs.
i.) The County is not the Fund Source for g.
Denial of Aid
the additional services;
ii.) Sufficient funding is available for or
If a State or Federal government agency is
can be generated by the Contractor to
funding the Contract and fails to approve aid in
cover the cost incurred by the
reimbursement to the County for payments made
Contractor to provide these additional
hereunder by the County to the Contractor for
services; and
expenditures made during the Term because of
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
E 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
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whatsoever, the Contractor shall spend during the
Term for the purposes set forth in the Contract an
amount less than, or receive amounts more than,
provided in the Budget, the total cost of the
Contract shall be reduced to the net amount of
actual Contractor expenditures made for such
purposes. The total amount to be paid by the
County shall not exceed the lesser of (i) actual
net expenditures or (ii) the total cost of the
Contract on the cover page and in the Budget.
Upon termination or expiration of the Contract, if
the Contractor's total amount of allowable
expenses is less than the total amount of the
payments made during the Term, the Contractor
shall prepare a check payable to the Suffolk
County Treasurer for the difference between the
two amounts and submit such payment to the
County, along with the final Suffolk County
Payment Voucher.
k. Travel, Conference, and Meeting Attendance:
SOP A-07 Amendment 1
Reimbursement to the Contractor for travel costs
shall not exceed amounts allowed to County
employees. All conferences that are partially or
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."
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.
In. 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
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ARTICLE V
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.
P. Comptroller's Rules and Regulations
The Contractor shall comply with the
"Comptroller's Rules and Regulations for
Consultant's Agreements" as promulgated by the
Department of Audit and Control of Suffolk
County and any amendments thereto during the
Term of the Contract. The "Comptroller's Rules
and Regulations for Consultant's Agreements"
and "SOP A-07 Amendment I" may be viewed
online at the County's website,
SuffolkCountyny.gov; go to "Government," then
"Comptroller," then "Consultant's Agreements."
End of Text for Article V
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Article VI
Budget
Town of Southold
CSE Residential Repair Program
April 1, 2015 - March 31, 2016
PERSONNEL $19,150
Mechanic I 19,150
FRINGE 1,430
OTHER 1,800
Gas & Oil 1,500
Supplies/Small tools 300
TOTAL $22,380
Less Anticipated Income (3,000)
NET REIMBURSEMENT $3$
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ARTICLE VI