HomeMy WebLinkAboutSC Office for the Aging - AAA Transportation Program =4;gUfF;,7,C3 RESOLUTION 2015-980
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ADOPTED DOC ID: 11340
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-980 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 15, 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 the Town to receive funding under the AAA
Transportation Program, IFMS No. 00000007124 No. 001-6806-4980-95294, not to exceed
$8,016.00 for the period April 1, 2015 through March 31, 2016 (with one extension at the
County's option), subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
•
LaW No. 16—AG —050
IFMS No. 00000007124
Lava
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Contract
This Contract("the Contract") is between the County of Suffolk("the County"), a municipal corporation
of the State of New York, acting through its duly constituted Office for the Aging("the Department"), located at
100 Veterans Memorial Highway,P.O. Box 6100,Hauppauge,New York 11788-0099; and
Town of Southold ("Contractor"), a New York municipal corporation, having an address at 53095 Main
Road, P.O. Box 1179, Southold, New York 11971.
The Contractor has been designated to receive funds from the County for a AAA Transportation Program
("the Services") as set forth in Article I, entitled "Description of Services."
Term of the Contract: April 1,2015 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.
Service Levels: 1,400 Units of Transportation Service
110 Elderly Served
Total Cost of the Contract: Shall not exceed$8,016.00,to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through VI,attached hereto and made a part hereof.
In Witness Whereof,the parties hereto have executed the Coact as of the latest date written below.
Town of Southol County� .uffolk
By: By:
i�
Scott . Russell Dennis . Cohen
Supervisor Chief Deputy County Executive
Fed. Taxpayer #• 11-6001939 Date ;MI XI
Date /Lv Approved:
SC•o-t`f' A OQJ.Cset/t hereby Department
certifies under penalties of perjury that I am an officer of By: —4-th j0 . [2.1,.\le
•n/, C 9 Holly SOT'odes-Teague
that I have read and I am familiar with§A5-8 of Director, Office for the Aging
Article V of the Suffolk County Code,and that Date 1/Ili(A
.' S ..
meets all requirements to qualify for exemption
thereunder. Recommen IdJ:
Name Q7 Date/ t�� By: ``"�L V� t
/ Michelle Belsky / f
/ 4l
Approved as to Form: Food Serviceuis r
Dennis M. Brown Date � �-
Suffolk Co + • -orney
By. Niranj. • G. Sagapura II 1111 11111 111 11
Assis ant Coun Attorney 0 OB 4 6 8 9
Date `e
Page 1 of 34
Rev.8/4/15 AAA Transport Sohld 15-16
•,1_,.,,
4w No. 16—AG IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Article VI
Budget
Town of Southold
AAA Transportation Program
April 1,2015—March 31, 2016
PERSONNEL $7,447
Driver 7,447
FRINGE 569
NET REIMBURSEMENT
34 of 34 pages
ARTICLE VI
Law No. 16—AG _050 IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Contract
This Contract("the Contract") is between the County of Suffolk("the County"), a municipal corporation
of the State of New York, acting through its duly constituted Office for the Aging("the Department"), located at
100 Veterans Memorial Highway, P.O. Box 6100,Hauppauge,New York 11788-0099; and
Town of Southold ("Contractor"), a New York municipal corporation,having an address at 53095 Main
Road, P.O. Box 1179, Southold, New York 11971.
The Contractor has been designated to receive funds from the County for a AAA Transportation Program
("the Services") as set forth in Article I, entitled "Description of Services."
Term of the Contract: April 1,2015 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.
Service Levels: 1,400 Units of Transportation Service
110 Elderly Served
Total Cost of the Contract: Shall not exceed$8,016.00, to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through VI,attached hereto and made a part hereof.
In Witness Whereof, the parties hereto have executed the Co 1 act as of the latest date written below.
Town of Southol County o;•uffolk
By: ( By: A
Scott . Russell Dennis . Cohen
Supervisor Chief Deputy County Executive
Fed. Taxpayer • 11-6001939 Date ;NM 5e.
Date /141211.5"# Approved:
Sc-011- A ga.cse4 hereby Department c
certifies under penalties of perjury that I am an officer of By: J0 .�•V.e-
A/1N ,3(/ J \� Holly S. odes-Teague •
that I have read and I am familiar with §A5-8 of Director, Offie for the Aging
Article V of the Suffolk County Code,and that Date //7�i(p
O
`�
O-n/r 7l/ l9
meets all requirements to qualify for exemption
thereunder. Reco men' •d: /
Name 410Q12i""_ ( Date/>/ e By: k r •
Michelle Belsky
Approved as to Form: Food Service Su is r
Dennis M. Brown Date // ,
Suffolk C orney
By:
Niranj G. Sagapura 11 11 1111' 11111 111 11
0 034 6 8 9
Assis ant Coun Att ey
Date / /s
Page 1 of 34
Rev 8/4/15 AAA Transport Sohld 15-16
I
Law No. 16—AG
IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
List of Articles
Page#
Article I 5
Description of Services 5
Article IA 13
Grievance Procedures 13
Article II 15
Definitions 15
1. Meanings of Terms 15
2. Elements of Interpretation 16
Article III 17
General Terms and Conditions 17
1. Contractor Responsibilities 17
2. Termination 18
3. Indemnification and Defense 18
4. Insurance 18
5. Independent Contractor 19
6. Severability 19
7. Merger;No Oral Changes 19
8. Set-Off Rights 19
9. Non-Discrimination in Services 20
10. Nonsectarian/Nonpartisan Declaration 20
11. Governing Law 20
12.No Waiver 20
13. Conflicts of Interest 20
14. Cooperation on Claims 20
15. Confidentiality 20
16. Assignment and Subcontracting 20
17. Changes to Contractor 21
18.No Intended Third Party Beneficiaries 22
19. Certification as to Relationships 22
20. Publications 22
21. Copyrights and Patents 22
22. Arrears to County 22
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction 22
24. Certification Regarding Lobbying 23
25. Record Retention 23
26. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-201323
27.Notice 23
Article IV 24
Suffolk County Legislative Requirements 24
1. Contractor's/Vendor's Public Disclosure Statement 24
Page 2 of 34
Rev 8/4/15 AAA Transport Sohld 15-16
,
Law No. 16—AG
IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
2. Living Wage Law 24
3. Use of County Resources to Interfere with Collective Bargaining Activities 24
4. Lawful Hiring of Employees Law 24
5. Gratuities 25
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 25
7. Child Sexual Abuse Reporting Policy 25
8. Non Responsible Bidder 26
9. Use of Funds in Prosecution of Civil Actions Prohibited 26
10. Youth Sports 26
11. Work Experience Participation 26
12. Safeguarding Personal Information of Minors 26
13. Contract Agency Performance Measures and Reporting Requirements 26
14. Suffolk County Local Laws Website Address 26
Article V 27
General Fiscal Terms and Conditions 27
1. General Payment Terms 27
a. Presentation of Suffolk County Payment Voucher 27
b. Voucher Documentation 27
c. Payment by County 27
d. Budget Modification 27
e. Budget and/or Services Revisions 27
f. Taxes 28
g. Final Voucher 28
2. Subject to Appropriation of Funds 28
3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures 28
4. Accounting Procedures 28
5. Audit of Financial Statements 29
6. Financial Statements and Audit Requirements 29
7. Furniture, Fixtures, Equipment, Materials, Supplies 30
a. Purchases, Rentals or Leases Requiring Prior Approval 30
b. Purchase Practices/Proprietary Interest of County 30
c. County's Right to Take Title and Possession 30
d. Inventory Records, Controls and Reports 30
e. Protection of Property in Contractor's Custody 31
f. Disposition of Property in Contractor's Custody 31
8. Lease or Rental Agreements 31
9. Statement of Other Contracts 31
10. Miscellaneous Fiscal Terms and Conditions 31
a. Limit of County's Obligations 31
b. Duplicate Payment from Other Sources 31
c. Funding Identification 31
d. Outside Funding for Non-County Funded Activities 31
e. Potential Revenue 32
f. Payments Contingent upon State/Federal Funding 32
g. Denial of Aid 32
Page 3 of 34
Rev 8/4/15 AAA Transport Sohld 15-16
Law No. 16—AG
IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
h. Budget 32
i. Payment of Claims 32
j. Payments Limited to Actual Net Expenditures 32
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 32
1. Salaries 33
m. Salary Increases 33
n. Contractor Vacancies 33
o. No Limitation On Rights 33
p. Comptroller's Rules and Regulations 33
Article VI 34
FRINGE 34
NET REIMBURSEMENT 34
Budget
Page 4 of 34
Rev 8/4/15 AAA Transport Sohld 15-16
Law No. 16—AG IFMS No.00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Article I
Description of Services
Town of Southold
AAA Transportation Program
Whereas,the Contractor has been identified in the 2015 Suffolk County Adopted Budget under the funding as
listed on page one (1)of the Contract to perform the Services for the Department; and
Whereas,the AAA Transportation Program expands essential transportation activities for the elderly by
providing assistance in meeting the transportation operating expenses related to serving the elderly, as part of
the required supportive services of the IIIC Nutrition Program for the Elderly or other such programs for the
elderly, that provide transportation services.
Whereas,the enhancement of transportation services is considered to be in the best interest of the County and
the elderly residents of Suffolk County, and ensures the best possible outcome.
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto
agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Goals of the Program
The Contractor shall provide the following transportation services:
The Contractor may provide transportation other than to and from the nutrition sites on an as needed
basis. This may include,but is not limited to,transportation to medical appointments, shopping,
activities for socialization and other such activities scheduled as part of the Contractor's regular
transportation program activities or by appointment. All transportation services shall be furnished
using licensed drivers and insured and inspected vans and automobiles.
3. General Program Terms and Conditions
In general, but without limitation, the Contractor shall be required to meet the criteria listed below:
a. Have, and maintain throughout the term of this Contract, an existing agreement to provide a
service or services for the elderly in Suffolk County.
b. Have an owned or contract vehicle available for the Services, either through purchase agreement
or lease agreement.
4. Administration
a. Overall administration of this program will be the responsibility of the Contractor. The
Contractor will insure proper implementation and direction of the services, act as liaison between
the Department and the actual service and insure accuracy and timeliness of submission of all
reporting forms and expenditures.
b. Program staff shall attend meetings and training as requested by the Department.
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Sthold AAA Transport 15-16
ARTICLE I
Law No. 16—AG
IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
5. Contractor's Staff
a. The Contractor agrees to employ adequate numbers of qualified staff and supervisory personnel
to meet all the specifications and responsibilities of the program in an orderly,punctual and
reliable manner and to assure the health, safety, and welfare of participants. A full-time
manager/supervisor will direct and coordinate the daily operations. All meetings and trainings
required by the County are to be attended by the appropriate staff. The Contractor will have on
file with the Department the procedures to be followed by workers and other staff in case of
emergency.
b. The County shall have the right to prior approval of the filling of any AAA Transportation
Coordinator and shall be advised by the Contractor of the duties and compensation of all personnel
assigned to the AAA Transportation Program.
c. The provisions of this paragraph five (5) are in addition to the provisions of Article V, paragraph
ten (10), subparagraph n.
6. Coordination
The Contractor must coordinate the delivery of services with other providers and organizations to
provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish
this,the Contractor will undertake activities such as, but not limited to,participation in inter-agency
meetings, coordination of referrals and follow-ups with other local service providers, entering into
agreements with other organizations for joint efforts and/or funding, centralized assessment and
maintaining up-to-date resource materials both within and outside the Contractor's organization.
7. Targeting and Outreach
a. 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
regulations (Title 9, Subtitle Y of the New York State Code of Rules and Regulations); the
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Sthold AAA Transport 15-16
ARTICLE I
Law No. 16—AG IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
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.
Minority -persons of Black, Hispanic, Asian,Native American(American Indian),
Alaska Native, Native Hawaiian or Other Pacific Islander origins. Persons whose origins
are of Two (2) or More Races or who are identified as being in a racial category different
from those above (other than white) may be included (see the Other Race or Two (2) or
More Races categories, defined below).
a) Black- refers to a person who has origins in any of the Black racial groups of
Africa. This includes, for example, persons who self-report as Black, African
American, Kenyan,Nigerian, Haitian or other applicable identification.
b) Hispanic (or Latino) - refers to a person of Cuban, Mexican,Puerto Rican, South
or Central American, or other Spanish culture or origin regardless of race.
Hispanic origin can be viewed as the heritage, nationality group, lineage, or
country of birth of the person or the person's parents or ancestors before their
arrival in the United States. People who identify their origin as Hispanic, Latino,
or Spanish may be any race.
c) Asian- refers to a person having origins in any of the original peoples of the Far
East, Southeast Asia, or the Indian subcontinent, including,but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,the Philippine Islands,
Thailand, and Vietnam.
d) American Indian or Alaska Native -refers to a person having origins in any of the
original peoples of North and South America(including Central America) and
who maintains tribal affiliation or community attachment. This category includes
people who indicated their race(s) as"American Indian or Alaska Native" or
reported their enrolled or principal tribe, such as Navajo, Blackfeet, Inupiat,
Yup'ik, and/or Central American or South American Indian groups.
e) Native Hawaiian or Other Pacific Islander-refers to a person having origins in
any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
f) Other Race or Two (2) or More Races -this category includes persons who self-
identify as multiracial, mixed, interracial, or a racial category other than white,not
included in the descriptions above.
ii. Low—Income - Persons with incomes at or below 150% of the poverty level.
iii. Frail—Persons with one or more functional deficits in the following areas:
a) Physical functions;
b) Mental functions;
c) Activities of daily living(eating, bed/chair transfer, dressing, bathing,toiletry and
continence); and/or,
d) Instrumental activities of daily living(meal preparation, housekeeping, shopping,
medications,telephone, travel, and money management).
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Sthold AAA Transport 15-16
ARTICLE I
Law No. 16—AG
IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Disabled—Any person who has a physical or mental impairment which substantially
limits one or more major life activities, has a record of such impairment, or is regarded as
having such impairment. This includes alcoholism and drug addiction.
iv. Vulnerable—Persons with a deficit of social resources, those who are isolated socially,
linguistically or geographically, and/or those affected by other environmental conditions
including the following:
a) Language barriers; Limited English Proficiency -Individuals who do not speak
English as their primary language and who have a limited ability to read, write,
speak, or understand English may be limited English proficient, and may be
eligible to receive language assistance with respect to a particular type of service,
benefit, or encounter;
b) Rural residence;
c) Persons with disabilities;
d) Institutionalized or at risk of institutionalization;
e) Lesbian, gay, bisexual,transgender (LGBT) older adults;
f) Low literacy;
g) Older adult caregivers of children with developmental disabilities, mental illness,
or other disabilities requiring a caretaker(e.g., traumatic brain injury);
h) Homebound; and,
i) Alzheimer's or other Dementia.
d. In order to comply with Targeting requirements, the Contractor must employ Outreach Strategies
which may include, but are not limited to, locating target populations using Census or other
resource data,translated printed materials, location of services in catchment areas for targeted
populations,publicity to community-based groups, and minority staff/volunteers.
8. Equal Access
a. The Contractor shall comply with requirements for equal access including language accessibility,
nondiscrimination and concentration of services on target populations.
b. The Contractor shall provide maximum accessibility to those older adults in greatest economic or
social need, and new sites shall be free from architectural barriers that limit participation of
disabled older individuals(NYS regulations, Title 9, Subtitle Y, §6652.2 (1)). Accessibility
requirements include provision of services and assistive devices(including assistive technology
services and devices) designed to meet the unique needs of older individuals who are disabled,
and of older individuals who provide uncompensated care to their adult children with disabilities.
Providers must ensure that communications with individuals with disabilities are as effective as
communications with others(ADA, 28 CFR 35.160-35.164). For example, auxiliary aids and
services may include:
• For individuals who are deaf or hard of hearing: qualified interpreters, 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.
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Sthold AAA Transport 15-16
ARTICLE I
Law No. 16—AG
IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
• 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.
c. Additionally, consistent with the Civil Rights Act of 1964, Title VI, the Title VI regulations,
federal Executive Order 13166, and the NYS Human Rights Law, all subcontractors are required
by law to take reasonable steps to provide meaningful access to limited English proficient
persons. All aging services providers are obligated to provide reasonable, timely, and
appropriate language assistance to the limited English proficiency(LEP)populations each serves.
Mandated Action:
The Contractor shall, at a minimum,maintain a telephonic interpretation service contract or
similar community arrangement with a language interpretation services provider of their choice no
later than ninety(90) days after the effective date of this contract. The Contractor's staff for this
program with public contact must be aware of, and trained in the timely and appropriate use of,
these language services. The Contractor shall also ensure that LEP persons are informed of the
availability of language assistance, free of charge, by providing written notice in languages LEP
persons will understand at service locations.
9. Reporting Requirements
a. Monthly Reports
Monthly reports must be submitted to the Department on a form prescribed by the Department.
Monthly reports are due to the Department by the eighth (8th) day of the month following the
month being reported. These reports shall contain, at a minimum,the following categories of
information:
i. Units of service: one (1) unit is equal to each (1) one-way trip per person.
ii. The number of individuals who have received transportation by the Contractor under this
Transportation Program Contract.
iii. A monthly activity schedule showing the specific transportation services the Contractor
will make available to the congregate participants that require transportation.
iv. Mileage recordings.
b. Electronic Reporting
i. The Contractor shall maintain electronic records on all program participants using the
most currently approved form provided by the Department and compliant with State and
Federal reporting requirements. Data for all participants must be updated monthly.
ii. In order to comply with electronic reporting requirements,the Contractor must have
adequate computer equipment and software available to support the approved form.
iii. Transportation units and unduplicated number of persons served must be entered
electronically in SAMS 3 or in subsequent County approved computer systems. All
participant data must be entered completely by the twelfth(12th) of each month for the
previous months' data.
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Sthold AAA Transport 15-16
ARTICLE I
Law No. 16—AG
IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
10. Incident Reporting
The Contractor will report at least verbally to the Department, within twenty-four (24) hours any
incidents involving all instances of claims,costs,damages,and injuries to persons or property of whatsoever
kind arising out of services provided under this Contract. A written follow-up of such incidents shall be
sent to the Department within five (5) days of the occurrence. The Contractor further agrees to send the
Department copies of all"notices of claim"relating to the program covered in this Contract.
11. Confidentiality
a. The Contractor agrees that no personal information obtained from an individual in conjunction with
this program shall be disclosed in a form in which it is identified with the individual without such
individual's written consent to such disclosure,except to the Department.
b. In the case of a request by the Department for names and addresses of individuals participating in
the program, the Contractor shall furnish such information as requested. Failure to comply with
a request by the Department for such information shall be deemed a material breach of this
Contract and shall result in a freeze on all monies due and owing to the Contractor until
compliance by the Contractor.
12. Promotions and Advertisements
a. Any references to transportation services provided under this Contract must include due recognition to
New York State Office for the Aging. The Contractor must include the express acknowledgement as
follows:
"This service has been provided with financial assistance, in whole or in part through a grant
from the New York State Office for the Aging."
b. The provisions of this paragraph shall prevail over any conflicting provisions of Article III,
paragraph 20.
13. Contributions
The Contractor agrees to inform each recipient of the service of the opportunity to make a completely
voluntary and anonymous contribution toward the cost of the service. Service may not be denied,
however, if a person is unable or unwilling to make a contribution. The Contractor must maintain an
audit trail of all incoming contributions and make monthly reports of any contributions received.
Monthly contributions will be deducted from monthly expenditures to arrive at net reimbursement. All
contributions must be used to enhance services. All printed materials used for the program must include
the sources of funding for the program and must include the following information:
Contributions to this (these) service(s) are completely voluntary and anonymous. Services will
not be denied because of inability or unwillingness to contribute. Any contribution you wish to
make will be used to expand the program and will be greatly appreciated.
14. Participant Comments & Satisfaction Surveys
Pursuant to the NYS Office for the Aging Regulations Section 6654.8,the Contractor shall develop and
implement procedures to obtain the views of program participants about the services they receive.
Copies of records of such views shall be maintained for at least five (5)program years and shall be
available to the Department for inspection upon request. Such method shall respect the client's right to
confidentiality. In any event, at the conclusion of the service, but not less often than annually,the
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Sthold AAA Transport 15-16
ARTICLE I
•
Law No. 16—AG IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Contractor shall send each recipient an evaluation letter and survey in the form approved by the
Department, informing him/her of the sources of funding for the program and including the following
information:
Contributions are welcomed and are used to expand this service.
15. Monitoring
a. Program
The Contractor agrees to permit the Department's staff and staff of the New York State Office
for the Aging to review programmatic records at any time.
b. Fiscal
As required,the Department's fiscal staff may examine or review evidence regarding the existence,
time and classification of financial transactions,which are charged to the program for reimbursement.
To obtain this evidence,the fiscal staff will examine documentary evidence including financial
verification by actually observing or counting certain assets(e.g. case,food inventory,equipment and
supplies)to establish their physical existence.
16. Grievance Procedures
In accordance with §306 (a) (6) (P) of the Older Americans Act, as amended (OAA), the Department has
established a process for resolving complaints from older persons who are dissatisfied with or denied
services funded under Title III of the Act. The Contractor shall comply with the requirements of the
Grievance Procedures as set forth in Article IA.
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Sthold AAA Transport 15-16
ARTICLE I
Law No. 16—AG IFMS No. 00000007124
Rev. 9/25/15 001-6806-4980-95294
Line Item/Omnibus Grant—AAA Transportation
Contractor's Proposal &
Response for Equal Access & Targeting
AAA Transportation
End of Article I
12 of 34 pages
AAA Transport Sohld 15-16
ARTICLE I
KAREN MCLAUGHLIN '����SUFF®��. o Nutrition Program
Town Director of Human I ire
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Home Delivered Meals
Services /�tl Case Management
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Town of Southold �t = 1 Essential Transportation
P O.Box 85 0 4 Senior Adult Day
750 Pacific Street ; Ph Care/Katinka House
Mattituck,NY 11952 O 0 Alzheimer's Day Care
Tel.(631)298-4460 y� ®� 11 Telephone Reassurance
Fax(631)298-4462 Oj �ais.l Residential Repair
Town of Southold
AAA Transportation Services Narrative
April 1, 2015 March 31, 2016
Southold Town Senior Services currently provides both regular route and
demand responsive transportation services to senior residents of Southold Town.
Given the rural nature of our area coupled with the lack of other reliable, efficient
and affordable transportation alternatives, seniors are often isolated and unable to
access services vital to their continued independence,health and well-being.
Southold Town Senior Services is proposing to continue our current program
for demand responsive transportation services for both medical escort assistance and
other essential services.For the 4/1/14-3/31/15 program year, Southold Town Senior
Services provided 1,222 one way passenger trips for essential medical and non-
medical transportation for senior consumers. We provide medical transportation
throughout Suffolk County and do not restrict travel within town boundaries. Given
these factors, our current transportation services are maximized. At present,
appointments are scheduled months in advance and seniors new to the program often
cannot access our services readily as availability is limited to a first come first serve
basis. We have also experienced an increased demand for transportation to oncology,
radiation and physical therapy appointments which are usually concentrated over a
long period of time.
This funding will allow us to supplement our existing program by allocating
additional hours of service to enhance availability and reduce the advance scheduling
requirements that often limits access to many seniors who need more immediate
and/or long term assistance. AAA Transportation funding will be applied to cover a
designated portion of our overall service. The Town Director of Human Services will
oversee implementation of the program and program staff will directly supervise
transportation staff.
•
Equal Access to Services and Targeting Plan
The population of aged 60+residents in Southold Town is approximately
32.23%according to 2010 census data. 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 regular route and demand responsive
transportation services to under-served and/or minority elderly residents. According
to the 2010 U.S. Census, 3.47%of the elderly residents in Southold Town are
minority.For the 2014/15 program year our unduplicated transportation service was
delivered to 105 seniors which was below the 130 projected. Our 1,222 one way
passenger trips were also below our projections of 1,500 for the year.For the 2015/16
program year, our goal is to provide 1,400 units of service to 110 unduplicated
seniors. Our percentage of minority seniors served was 2.8%which was below our
targeting goal of 3.47%.
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 language 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 will fully 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 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. 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 physicians' offices have been providing
information on our service to seniors and have been referring them to our office or
scheduling appointments on their behalf.
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, including help with transportation
assistance referrals to our program or to SCAT.
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 initiated a working relationship with the
SAGE organization to increase a shared awareness of available 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 and 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
• 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.
Law No. 16—AG IFMS No. 00000007124
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Article IA
Grievance Procedures
1., Purpose
In accordance with §306 (a) (6) (P) of the Older Americans Act, as amended(OAA), the Suffolk County
Office for the Aging has established a process for resolving complaints from older persons who are
dissatisfied with or denied services.
2. Notifying Participants of the Right to File a Grievance
a. The Contractor shall inform all participants in the program of the right to file a grievance. A
summary of the procedures, including a statement that assistance to file shall be provided to older
persons, must be prominently posted at service delivery sites or offices at which participants and
service applicants apply for services. Summaries must be in a format approved by the
Department and shall also be written in languages other than English where required to serve the
client/applicant population. Service participants shall be informed of the grievance procedures
through written and verbal statements provided to them upon assessment and/or reassessment for
services.
b. A participant or applicant who is denied services by the Contractor and the Department program
monitor must be given the reasons for the denial. For services for which written applications are
made,the denial shall be confirmed in writing and the applicant informed of the right to file a
grievance and to whom the grievance shall be addressed. For services which are applied for by
telephone or verbally, in person, the client may be told of the right to file a grievance verbally.
3. Grievance Process
a. Filing of grievances must follow the following process:
i. Participants must submit their grievances in writing to the Department's Program
Administrator.
ii. The grievance should be filed within thirty(30) days of denial, reduction or termination
of services, or of the event or circumstances with which the participant is dissatisfied.
The Department's Program Administrator may grant an extension for good cause shown.
iii. The grievance should be filed on the form approved by the Department,which shall
include a written statement setting forth in detail the date, time and circumstances that are
the basis of the complaint.
b. Investigation and Response to Grievance:
i. The designated reviewer who performs the initial review shall investigate the grievance,
including, as appropriate, meeting with the grievant and other persons involved in the
action(s) complained of or in the denial of services.
ii. The reviewer shall review all pertinent facts and/or documents,and shall determine whether
the agency action was made in accordance with lawful procedures (that is, consistent with
applicable OAA and or State laws,regulations and policies) and supported by the facts.
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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
No information, documents or other records relating to a grievance shall be disclosed by program staff or
volunteers in a form that identifies the grievant without the written informed consent of the grievant,
unless the disclosure is required by court order or for program monitoring by authorized agencies.
End of Article IA
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required by the Contract with an insurer that has
designated the New York Superintendent of
Article II Insurance as its lawful agent for service of
Definitions process;or
d. the Contractor's failure to comply with any
1.. Meanings of Terms Federal,State or local law,rule,or regulation,
and County policies or directives;or
As used herein:
e. the Contractor's bankruptcy or insolvency;or
"Audit of Financial Statements"means the examination by
the Comptroller and any Federal or State auditing authority of f. the Contractor's failure to cooperate in an Audit
the financial statements of the Contractor resulting in the of Financial Statements;or
publication of an independent opinion on whether or not those
financial statements are relevant,accurate,complete,and fairly g. the Contractor's falsification of records or
presented. reports,misuse of funds,or malfeasance or
nonfeasance in financial record keeping arising
"Budget"means the Contractor's summary or plan of all intended out of,or in connection with,any contract with
revenue,whether received in the form of fees,grants, the County;or
County funding,or any other source,and expenditures
necessary to render the Services. h. the Contractor's failure to submit,or failure to
timely submit,documentation to obtain Federal
"Budget Deficiency Plan"means an analysis of the cost of the or State funds;or
Services,changes in fiscal conditions,and required modifications to
the Contract to continue to render the Services. i. the inability of the County or the Contractor to
obtain Federal or State funds due to any act or
"Comptroller"means the Comptroller of the County of Suffolk. omission of the Contractor;or
"Contract"means all terms and conditions of this Contract forming j. any condition that the County determines,in its
all rights and obligations of the Contractor and the County. sole discretion,is dangerous.
"Contractor"means the signatory corporation, its officers,officials, "Federal"means the United States government,its departments,and
employees,agents,servants,sub-contractors,and any successor or agencies.
assign of any one or more of the foregoing performing the Services.
"Fringe Benefits"means non-wage benefits which accompany,or
"County"means the County of Suffolk, its departments,and are in addition to,a person's salary,such as paid insurance,sick
agencies. leave,profit-sharing plans,paid holidays,and vacations.
"County Attorney"means the County Attorney of the County of "Fund Source"means any direct or indirect sum payable to the
Suffolk. 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.
"Management Letter"means a letter certified as true by the
"Engineering Services"means the definition of the practice of Contractor's certified public accountant or chief financial officer of
engineering and the definition of practice of land surveying,as the findings and recommendations for improvements in internal fiscal
case may be,under Section 7201 and Section 7203 of the State control that were identified during an Audit of Financial Statements,
Education Law,respectively. 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 "Services"means all that which the Contractor must do,and any part
required of it under paragraphs 1(b)-(e)of thereof arising out of,or in connection with,the Contract as
Article III of the Contract;or described in Article I"Description of Services."
b. the Contractor's failure to maintain the amount "State"means the State of New York.
and types of insurance with an authorized insurer
as required by the Contract;or "Statement of Other Contracts"means a complete list of all other
contracts under which money has been or will be paid to the
c. the Contractor's failure to maintain insurance Contractor from the County,Federal,or State governments,or a
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Law No. 16—AG IFMS No. 00000007124
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Municipal Corporation,and(i)which are currently in effect or(ii)
which have expired within the past twelve(12)months and have not
been renewed.
"Suffolk County Payment Voucher"means the document
authorized and required by the Comptroller for release of payment.
"Term"means the time period set forth on page one of the Contract
and,if exercised by the County,the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms,associations,
partnerships(including limited partnerships),trusts,corporations,
and other legal entities,including public bodies,as well as natural
persons,and shall include successors and assigns.
Capitalized terms used,but not otherwise defined,herein,shall have
the meanings assigned to them in the Contract.
End of Text for Article II
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ARTICLE 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
Contractor Responsibilities the generality of the foregoing,if any part of the
Contract remains to be performed,and the
a. Duties and Obligations termination of the license does not affect the
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
valid and enforceable to the fullest extent
discharge,or cause to be discharged,all of its permitted by law.
responsibilities,and to administer funds received
in the interest of the County in accordance with d. Documentation of Professional Standards
the provisions of the Contract.
The Contractor shall maintain on file,in one
ii.) The Contractor shall promptly take all location in Suffolk County,all records that
action as may be necessary to render the Services. 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
documentation shall be kept,maintained,and
iv.) Services provided under this Contract 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
The Contractor represents and warrants that it i.) In the event that the Department,or any
has,and shall continuously possess,during the division thereof,maintains a credentialing
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
license,Drug Enforcement Agency registration,
The Contractor shall continuously have during
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
notifyDepartment,or division thereof,as the case may
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 of all persons providing the Services,as well as
necessary to qualify him,her,or the Contractor to their respective areas of certification,
perform the Services. 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
able to perform the Services due to a loss of New York Education Law,of every person
performing any Engineering Services. The
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ARTICLE III
Law No. 16—AG IFMS No. 00000007124
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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 8Set-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
agreement and endorsement page evidencing the County's statutory rights of set-off. These rights shall include,but not
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.
b. The Contractor shall not utilize criteria or The determination as to whether or when a conflict may
methods of administration which have the effect of potentially exist shall ultimately be made by the County
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
ii.) 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
less than thirty(30)days nor more than
b. Such Assignment shall be subject to all of the one hundred eighty(180)days after the
provisions of the Contract and to any other condition the date of delivery of the Transfer Notice;
County requires. No approval of any Assignment shall be
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(20%)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,
including the right,title and interest to reproduce,edit,
County and the Contractor. No third party shall be deemed
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 Suffolk County Living Wage Form LW 38,entitled
OFFICE AND THE DEPARTMENT NAMED ON THE "Suffolk County Department of Labor—Living Wage Unit
SIGNATURE PAGE OF THIS CONTRACT.
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
A5-8of 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 terms of the Suffolk County Labor Law Form DOL-L01;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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Contract for violations of this Law and to seek other
This Contract is subject to the Lawful Hiring of Employees remedies available under the law
Law of the County of Suffolk.It provides that all covered
employers,(as defined),and the owners thereof,as the case The documentation mandated to be kept by this law shall at
may be,that are recipients of compensation from the all times be kept on site. Employee sign-in sheets and
County through any grant,loan,subsidy,funding, register/log books shall be kept on site at all times during
appropriation,payment,tax incentive,contract, working hours and all covered employees,as defined in the
subcontract,license agreement,lease or other financial law,shall be required to sign such sign-in
compensation agreement issued by the County or an sheets/register/log books to indicate their presence on the
awarding agency,where such compensation is one hundred site during such working hours.
percent(100%)funded by the County,shall submit a
completed sworn affidavit(under penalty of perjury),the Required Forms:
form of which is attached,certifying that they have
complied,in good faith,with the requirements of Title 8 of Suffolk County Lawful Hiring of Employees Law Form
the United States Code Section 1324a with respect to the LHE-1,entitled"Suffolk County Department of Labor—
hiring of covered employees(as defined)and with respect Notice Of Application To Certify Compliance With Federal
to the alien and nationality status of the owners thereof. Law(8 U S.C. Section 1324a)With Respect To Lawful
The affidavit shall be executed by an authorized Hiring of Employees."
representative of the covered employer or owner,as the
case may be;shall be part of any executed contract, Suffolk County Lawful Hiring of Employees Law Form
subcontract,license agreement,lease or other financial LHE-2;entitled"Affidavit Of Compliance With The
Requirements Of 8 U.S.C.Section 1324a With Respect To
compensation agreement with the County;and shall be
made available to the public upon request. Lawful Hiring Of Employees'
All contractors and subcontractors(as defined)of covered 5. Gratuities
employers,and the owners thereof,as the case may be,that
are assigned to perform work in connection with a County It shall be the duty of the Contractor to read,become
contract,subcontract,license agreement,lease or other familiar with,and comply with the requirements of Chapter
financial compensation agreement issued by the County or 664 of the Suffolk County Code.
awarding agency,where such compensation is one hundred
percent(100%)funded by the County,shall submit to the The Contractor represents and warrants that it has not
covered employer a completed sworn affidavit(under offered or given any gratuity to any official,employee or
penalty of perjury),the form of which is attached, agent of the County or the State or of any political party,
certifying that they have complied,in good faith,with the with the purpose or intent of securing an agreement or
requirements of Title 8 of the United States Code Section securing favorable treatment with respect to the awarding
1324a with respect to the hiring of covered employees and or amending of an agreement or the making of any
with respect to the alien and nationality status of the determinations with respect to the performance of an
owners thereof,as the case may be. The affidavit shall be agreement.
executed by an authorized representative of the contractor,
subcontractor,or owner,as the case may be;shall be part of 6. Prohibition Against Contracting with Corporations
any executed contract,subcontract,license agreement,lease that Reincorporate Overseas
or other financial compensation agreement between the
covered employer and the County;and shall be made It shall be the duty of the Contractor to read,become
available to the public upon request. familiar with,and comply with the requirements of sections
A4-13 and A4-14 of Article IV of the Suffolk County
An updated affidavit shall be submitted by each such Code.
employer,owner,contractor and subcontractor no later
than January 1 of each year for the duration of any contract The Contractor represents that it is in compliance with
and upon the renewal or amendment of the Contract,and sections A4-13 and A4-14 of Article IV of the Suffolk
whenever a new contractor or subcontractor is hired under County Code. Such law provides that no contract for
the terms of the Contract. consulting services or goods and services shall be awarded
by the County to a business previously incorporated within
The Contractor acknowledges that such filings are a the U.S.A.that has reincorporated outside the U.S.A.
material,contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach 7. Child Sexual Abuse Reporting Policy
of the Contract.
It shall be the duty of the Contractor to read,become
Under the provisions of the Lawful Hiring of Employees familiar with,and comply with the requirements of Article
Law,the County shall have the authority to terminate the 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
party,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 County Department of Audit and Control,shall
General Fiscal Terms and Conditions be furnished to the County pursuant to,and as
limited by,the Regulations for Accounting
1. General Payment Terms Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
a. Presentation of Suffolk County Payment addition to any other remedies that the County
Voucher may have,failure to supply the required
documentation will disqualify the Contractor
In order for payment to be made by the County to from any further County contracts.
the Contractor for the Services,the Contractor
shall prepare and present a Suffolk County c. Payment by County
Payment Voucher,which shall be documented by Payment by the County shall be made within
sufficient,competent and evidential matter. Each thirty(30)days after approval of the Suffolk
Suffolk County Payment Voucher submitted for
payment is subject to Audit at any time during County Payment Voucher by the Comptroller
the Term or any extension thereof. This
provision shall survive expiration or termination d. Budget Modification
of this Contract for a period of not less than
seven(7)years,and access to records shall be as i.) The parties shall use the Contract
set forth in paragraph 25 of Article III,and Budget Modification Request form
paragraph 4(b)of Article V. ("Budget Modification")for revisions
to the Budget and Services not
b. Voucher Documentation involving an increase to the total cost
of the Contract.If the Contractor is
The Suffolk County Payment Voucher shall list seeking such a modification,the
all information regarding the Services and other Contractor shall contact the
items for which expenditures have been or will be Department to receive the form and
made in accordance with the Contract. Either enter the required information. When
upon execution of the Contract(for the Services the County and the Contractor agree as
already rendered and expenditures already made), to such revisions,the Contractor shall
or not more than thirty(30)days after the sign the Budget Modification form and
expenditures were made,and in no event after the return it to the County for execution
31'day of January following the end of each year along with any other documentation the
of the Contract,the Contractor shall furnish the Department may require.
County with detailed documentation in support
of the payment for the Services or expenditures ii.) Such request must be made in advance
under the Contract e.g.dates of the Service, of incurring any expenditure for which
worksite locations,activities,hours worked,pay the revision is needed.
rates and all program Budget categories. The
Suffolk County Payment Voucher shall include iii.) Upon complete execution of the Budget
time records,certified by the Contractor as true Modification form,the County shall
and accurate,of all personnel for whom return a copy to the Contractor. The
expenditures are claimed during the period. revision shall not be effective until the
Time and attendance records of a project director, Budget Modification is completely
if any,shall be certified by the Chairperson, executed.
President or other designated member of the
Board of Directors of the Contractor. All Suffolk iv.) The Budget Modification form may be
County Payment Vouchers must bear a signature submitted only twice per calendar year
as that term is defined pursuant to New York and may only be submitted prior to
State General Construction Law§46 by duly November 156of that year
authorized persons,and certification of such
authorization with certified specimen signatures e. Budget and/or Services Revisions
thereon must be filed with the County by a
Contractor official empowered to sign the i.) The parties shall use the Contract
Contract. Disbursements made by the Contractor Budget/Services Revision Approval
in accordance with the Contract and submitted Form(Budget/Services Revisions)for
for reimbursement must be documented and must revisions to the Budget and Services
comply with accounting procedures as set forth involving any change to the total cost
by the Suffolk County Department of Audit and of the Contract due to a resolution of
Control. Documentation,including any other the Legislature,changes to the
form(s)required by County or the Suffolk County's adopted annual budget,or for
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any other reason necessitating revisions reimbursement shall be paid.
to the Budget or Services.
c. The County may,during the Term,impose a
ii.) When the County and the Contractor Budget Deficiency Plan. In the event that a
agree as to such revisions,the Budget Deficiency Plan is imposed,the County
Department will enter the information shall promptly notify the Contractor in writing of
into the Budget/Services Revisions the terms and conditions thereof,which shall be
form and send it to the Contractor for deemed incorporated in and made a part of the
signature.The Contractor shall return it Contract,and the Contractor shall implement
to the County for execution along with those terms and conditions in no less than
any other documentation the fourteen(14)days.
Department may require.
• 3. Personnel Salaries,Pension and Employee Benefit
iii.) Upon complete execution of the form
Plans,Rules and Procedures
by the parties,the County shall return a
copy to the Contractor. The revision a. Upon request,the Contractor shall submit to the
shall not be effective until the Budget County a current copy,certified by the
/Services Revisions is completely Contractor as true and accurate,of its
executed.
f. Taxes i.) salary scale for all positions listed in
the Budget;
(a) The charges payable to the Contractor ii.) personnel rules and procedures;
under the Contract are exclusive of federal,state,
and local taxes,the County being a municipality iii.) pension plan and any other employee
exempt from payment of such taxes.
benefit plans or arrangements.
g. Final Voucher b. The Contractor shall not be entitled to
reimbursement for costs under any pension or
The acceptance by the Contractor of payment of benefit plan the Comptroller deems commercially
all billings made on the final approved Suffolk unreasonable.
County Payment Voucher shall operate as and
shall be a release of the County from all claims c. Notwithstanding anything in this paragraph 3 of
by the Contractor through the date of the this Article V,the County shall not be limited in
Voucher. requesting such additional financial information
it deems reasonable.
2. Subject to Appropriation of Funds
4. Accounting Procedures
a. The Contract is subject to the amount of funds
appropriated each fiscal year and any subsequent a. The Contractor shall maintain accounts,books,
modifications thereof by the County Legislature records,documents,other evidence,and
and no liability shall be incurred by the County accounting procedures and practices which
beyond the amount of funds appropriated each sufficiently and properly reflect all direct and
fiscal year by the County Legislature for the indirect costs of any nature expended in the
Services. performance of the Contract,in accordance with
generally accepted accounting principles and
b. If the County fails to receive Federal or State with rules,regulations and financial directives,as
funds originally intended to pay for the Services, may be promulgated by the Suffolk County
or to reimburse the County,in whole or in part, Department of Audit and Control and the
for payments made for the Services,the County Department. The Contractor shall permit
shall have the sole and exclusive right to: inspection and audit of such accounts,books,
records,documents and other evidence by the
i.) determine how to pay for the Services; Department and the Suffolk County Comptroller,
or their representatives,as often as,in their
ii.) determine future payments to the judgment,such inspection is deemed necessary.
Contractor;and Such right of inspection and audit as set forth in
subparagraph b.below shall exist during the
iii.) determine what amounts,if any,are Term and for a period of seven(7)years after
reimbursable to the County by the expiration or termination of the Contract.
Contractor and the terms and
conditions under which such
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b. The Contractor shall retain all accounts,books, other agreements with the County,and shall
records,and other documents relevant to the submit a report to the County on the overall
Contract for seven(7)years after final payment is financial condition and operations of the
made by the County. Federal,State,and/or Contractor,including a balance sheet and
County auditors and any persons duly authorized statement of income and expenses,attested by the
by the County shall have full access and the right Auditor as fairly and accurately reflecting the
to examine any of said materials during said accounting records of the Contractor in
period. Such access is granted notwithstanding accordance with generally accepted accounting
any exemption from disclosure that may be principles. The Contractor may solicit requests
claimed for those records which are subject to for proposals from a number of qualified
nondisclosure agreements,trade secrets and accounting firms and review carefully the costs
commercial information or financial information of,and qualifications for,this type of work before
that is privileged or confidential. selecting the Auditor.
c. The Contractor shall utilize the accrual basis of (c) b. The Auditor should be required to meet
accounting and will submit all financial reports the following minimum requirements:
and claims based on this method of accounting i.) a current license issued by
during the Term. the New York State
Education Department;
5. Audit of Financial Statements
ii.) sufficient auditing experience
a. All payments made under the Contract are in the not-for-profit,
subject to audit by the Comptroller pursuant to governmental or profit-
Article V of the Suffolk County Charter. The making areas,as applicable;
Contractor further agrees that the Comptroller and
and the Department shall have access to and the iii.) a satisfactory peer review
right to examine,audit,excerpt,copy or issued within not more than
transcribe any pertinent transactions or other three(3)years prior to the
records relating to services under the Contract. If date when the Auditor was
such an audit discloses overpayments by the selected to conduct the audit.
County to the Contractor,within thirty(30)days
after the issuance of an official audit report by the c. The audit must be conducted in accordance with
Comptroller or his duly designated generally accepted governmental auditing
representatives,the Contractor shall repay the standards. Financial statements must clearly
amount of such overpayment by check to the differentiate between County-funded programs
order of the Suffolk County Treasurer or shall and other programs that the Contractor may be
submit a proposed plan of repayment to the operating. The use of subsidiary schedules
Comptroller. If there is no response,or if should be encouraged for this purpose. The
satisfactory repayments are not made,the County Auditor must also prepare a Management Letter
may recoup overpayments from any amounts due based on the audit.
or becoming due to the Contractor from the
County under the Contract or otherwise. (d) d. In the event the Contractor is a not-for-
profit organization or unit of local government
b. The provisions of this paragraph shall survive the and expends five hundred thousand
expiration or termination of the Contract for a ($500,000.00)dollars or more of Federal monies,
period of seven(7)years,and access to records whether as a recipient expending awards received
shall be as set forth in paragraph 25 of Article III, directly from Federal awarding agencies,or as a
and paragraph 4(b)of Article V. subrecipient expending Federal awards received
from a pass-through entity,such as New York
6. Financial Statements and Audit Requirements State or Suffolk County,during any fiscal year
within which it receives funding under the
(b) a. Notwithstanding any other reporting or Contract,the audit must be conducted,and the
certification requirements of Federal,State,or audit report("Single Audit Report")must be,in
local authorities,the Contractor shall obtain the accordance with OMB Circular No.A-133
services of an independent licensed public (revised June 27,2003). Single Audit Reports
accountant or certified public accountant(the must also be submitted to the designated
"Auditor")to audit its financial statements for clearinghouse,cognizant agency and/or pass-
each Contractor's"fiscal year"in which the through entity,to the extent required by the OMB
Contractor has received,or will receive,three Circular referred to above.
hundred thousand($300,000.00)dollars or more (e) e. The Contractor must submit to the
from the County,whether under the Contract or County a statement in writing,certified by its
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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, amount budgeted for the items so
(� p purchased or obtained by the County
Management Letters,Single Audit Reports and for the Contractor shall not be available
other audit reports must be transmitted to the to the Contractor for any purpose
County and to the Executive Director of Auditing whatsoever. Title to any such items
Services at the address set forth above. The purchased or otherwise obtained by the
reports must be submitted within thirty(30)days County for the programs encompassed
after completion of the audit,but in no event later by the Contract and entrusted to the
than nine(9)months after the end of the Contractor,shall remain in the County
Contractor's fiscal year,to which the audit
relates. iii.) The County shall retain a proprietary
(g) g. These requirements do not preclude the interest in all furniture,removable
County,the Comptroller,or their authorized fixtures,equipment,materials,and
representatives,or Federal or State auditors from supplies purchased or obtained by the
auditing all records of the Contractor. Therefore, Contractor and paid for or reimbursed
the records of the Contractor must be made to the Contractor pursuant to the terms
available to authorized representatives of Federal, of the Contract or any prior agreement
State and County government for that purpose. between the parties.
h. The provisions of this paragraph shall survive the iv.) The Contractor shall attach labels
expiration or termination of the Contract. indicating the County's proprietary
interest or title in all such property.
7. Furniture,Fixtures,Equipment,Materials,Supplies
c. County's Right to Take Title and Possession
a. Purchases,Rentals or Leases Requiring Prior
Approval Upon the termination or expiration of the
Contract or any renewal thereof,the
Prior to placing any order to purchase,rent or discontinuance of the business of the Contractor,
lease any furniture,fixtures,or equipment valued the failure of the Contractor to comply with the
in excess of one thousand dollars($1,000.00)per terms of the Contract,the bankruptcy of the
unit for which the Contractor will seek Contractor,an assignment for the benefit of its
reimbursement from the County,the Contractor creditors,or the failure of the Contractor to
shall submit to the County a written request for satisfy any judgment against it within thirty(30)
approval to make such a proposed purchase, days of filing of the judgment,the County shall
rental or lease,with a list showing the quantity have the right to take title to and possession of all
and description of each item,its intended furniture,removable fixtures,equipment,
location and use,estimated unit price or cost,and materials,and supplies and the same shall
estimated total cost of the proposed order. thereupon become the property of the County
Written approval of the County shall be required without any claim for reimbursement on the part
before the Contractor may proceed with such of the Contractor.
proposed purchase,rental or lease of furniture,
fixtures or equipment. All items purchased must d. Inventory Records,Controls and Reports
be new or like new unless specifically described
otherwise in the Budget. The Contractor shall maintain proper and
accurate inventory records and controls for all
such furniture,removable fixtures and equipment
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acquired pursuant to the Contract and all prior connected with such property shall be in
agreements between the parties,if any Three(3) accordance with the rules and regulations of the
months before the expiration date of the Contract, County and the State of New York.
the Contractor shall make a physical count of all
items of furniture,removable fixtures and 8. Lease or Rental Agreements
equipment in its custody,checking each item
against the aforesaid inventory records. A report If lease payments or rental costs are included in the Budget
setting forth the results of such physical count as an item of expense reimbursable by the County,the
shall be prepared by the Contractor on a form or Contractor shall promptly submit to the County,upon
forms designated by the County,certified and request,any lease or rental agreement. If during the Term,
signed by an authorized official of the the Contractor shall enter into a lease or rental agreement,
Contractor,and one(1)copy thereof shall be or shall renew a lease or rental agreement,the Contractor
delivered to the County within five(5)days after shall,prior to the execution thereof,submit such lease or
the date set for the aforesaid physical count. rental agreement,to the County for approval.
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, 9. Statement of Other Contracts
certified and signed by an authorized official of
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
submit a Statement of Other Contracts to the County. If the
equipment on the aforesaid expiration date,and
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
Term. 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, 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
supplies from any cause,the Contractor shall County upon request,a schedule for all programs
immediately send the County a detailed written funded by the County,itemizing for each such
report thereon. program the sums received,their source and the
total program budget.
f. Disposition of Property in Contractor's
Custody d. Outside Funding for Non-County Funded
Activities
Upon termination of the County's funding of any
of the Services covered by the Contract,or at any Notwithstanding the foregoing provisions of the
other time that the County may direct,the Contract,it is the intent of the County that the
Contractor shall make access available and render terms and conditions of the Contract shall not
all necessary assistance for physical removal by limit the Contractor from applying for and
the County or its designee of any or all furniture, accepting outside grant awards or from providing
removable fixtures,equipment,materials or additional educational activities/services which
supplies in the Contractor's custody in which the may result in the Contractor incurring additional
County has a proprietary interest,in the same costs,as long as the following conditions are met:
condition as such property was received by the
Contractor,reasonable wear and tear excepted. i.) The County is not the Fund Source
Any disposition,settlements or adjustments for the additional services;
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ii.) Sufficient funding is available for or hereunder by the County to the Contractor for
can be generated by the Contractor expenditures made during the Term because of
to cover the cost incurred by the any act,omission or negligence on the part of the
Contractor to provide these Contractor,then the County may deduct and
additional services; and withhold from any payment due to the Contractor
iii.) If sufficient funding is not available an amount equal to the reimbursement denied by
or cannot be generated,the County the state or federal government agency,and the
shall not be held liable for any of County's obligation to the Contractor shall be
the additional costs incurred by the reduced by any such amounts. In such an event,
Contractor in furnishing such if there should be a balance due to the County
additional services. after it has made a final payment to the
Contractor under the Contract,on demand by the
iv.) Prior to scheduling any such additional County,the Contractor shall reimburse the
services on County-owned property, County for the amount of the balance due the
the Contractor shall obtain written County,payable to the Suffolk County Treasurer.
County approval. The Contractor shall, The provisions of this subparagraph shall survive
to the County's satisfaction,submit any the expiration or termination of the Contract.
documentation requested by the
Department reflecting the change,and h. Budget
identify the additional services to be
provided and the source of funding that The Contractor expressly represents and agrees
shall be utilized to cover the that the Budget lists all revenue,expenditures,
expenditures incurred by the Contractor personnel,personnel costs and/or all other
in undertaking the additional services. relevant costs necessary to provide the Services.
e. Potential Revenue i. Payment of Claims
The Contractor shall actively seek and take Upon receipt of a Suffolk County Payment
reasonable steps to secure all potential funding Voucher,the County,at its discretion,may pay
from grants and contracts with other agencies for the Contractor during the Term,in advance,an
programs funded by the County. amount not to exceed one sixth(1/6)of the
maximum amount to be paid by the County set
f. Payments Contingent upon State/Federal forth on the first page of the Contract.
Funding
j. Payments Limited to Actual Net Expenditures
Payments under the Contract may be subject to
and contingent upon continued funding by State The Contractor agrees that if,for any reason
and/or Federal agencies. In the event payments whatsoever,the Contractor shall spend during the
are subject to such funding no payment shall be Term for the purposes set forth in the Contract an
made until the Contractor submits documentation amount less than,or receive amounts more than,
in the manner and form as shall be required by provided in the Budget,the total cost of the
State and/or Federal agency If late submission Contract shall be reduced to the net amount of
of claims precludes the County from claiming actual Contractor expenditures made for such
State or Federal reimbursement,such late claims purposes. The total amount to be paid by the
by the Contractor shall not be paid by the County County shall not exceed the lesser of(i)actual
subject to subparagraph g.below,if,for any net expenditures or(ii)the total cost of the
reason,the full amount of such funding is not Contract on the cover page and in the Budget.
made available to the County,the Contract may Upon termination or expiration of the Contract,if
be terminated in whole or in part,or the amount the Contractor's total amount of allowable
payable to the Contractor may be reduced at the expenses is less than the total amount of the
discretion of the County,provided that any such payments made during the Term,the Contractor
termination or reduction shall not apply to shall prepare a check payable to the Suffolk
allowable costs incurred by the Contractor prior County Treasurer for the difference between the
to such termination or reduction,and provided two amounts and submit such payment to the
that money has been appropriated for payment of County,along with the final Suffolk County
such costs. Payment Voucher.
g. Denial of Aid
k. Travel,Conference,and Meeting Attendance:
If a State or Federal government agency is SOP A-07 Amendment 1
funding the Contract and fails to approve aid in
reimbursement to the County for payments made Reimbursement to the Contractor for travel costs
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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 End of Text for Article V
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
m. Salary Increases
No salary,wage,or other compensation for the
Services shall be increased over the amount
stated in the Budget without the prior written
approval of the County
n. Contractor Vacancies
The County shall have the right of prior approval
of the Contractor's filling of any vacant position
as of the date of execution of the Contract or as
may thereafter become vacant,and,in the
exercise of that right.The County may
promulgate reasonable regulations involving
filling of vacancies which shall be deemed to be
incorporated by reference in,and be made part
of,the Contract,provided,however,that subject
to the availability of funding,approval for the
hiring of replacement clerical shall be a
Contractor determination.
o. No Limitation On Rights
Notwithstanding anything in this Article V to the
contrary,the County shall have available to it all
rights and remedies under the Contract and at law
and equity.
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 1"may be viewed
online at the County's website,
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Article VI
Budget
Town of Southold
AAA Transportation Program
April 1, 2015—March 31, 2016
PERSONNEL $7,447
Driver 7,447
FRINGE 569
NET REIMBURSEMENT
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ARTICLE VI