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HomeMy WebLinkAboutSC Office for the Aging - Residential Repair era RESOLUTION 2016-517 a',,l* o.- 7 ADOPTED DOC ID: 11945 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-517 WAS - ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 17, 2016: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for community services for the Elderly Residential Repair Program for the period April 1, 2016 through March 31, 2017, at no cost to the Town, subject to the approval of the Town Attorney. ajed4,30: 14' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell County of Suffolk a *401 Steven Bellone Suffolk County Executive Office for the Aging Holly S.Rhodes-Teague Director July 6, 2016 The Honorable Scott A. Russell D © ,g, I N -g,D Supervisor Town of Southold JUL 1 1 2016 P.O. Box 1179 Southold, New York 11971 • SUPERVISOR'S OFFICE TOWN OF SOUTHOLD RE: CSE Residential Repair IFMS No. 00000007657 Dear Supervisor Russell: The fully executed Agreement referenced above is enclosed for your files. Attached is a copy of All Department Heads Memorandum 30-97 explaining budget modification requirements. Any budget modification not meeting these requirements may be delayed or rejected by the Budget Office. Also enclosed find the Notification of Rights, which must be posted as part of your compliance with Local Law No. 12-2001, the Living Wage Law. If you require any further information, please contact Ellen Frankino at 853-8262. . Sincerely, /JIB/// `K lit i •Joanne Kande!! Principal Accountant JK:EF:kb Enc. cc: Ellen Frankino Karen McLaughlin G ISLEVIMVK ALL FORM LETTERSILfr4Bfullyexec ADN NOR TownCC EF doc H LEE DENNISON BUILDING • 100 VETERANS MEMORIAL HIGHWAY • P 0 BOX 6100 • HAUPPAUGE,N.Y.11788-0099 • PHONE(631)853-8200 ♦FAX(631)853-8225 r 'f 30"97 �� G' %`; v+�� % ,��, OFFICE OF THE COUNTY EXECUTIVE k, 1 f ALL—DEPARTMENT—HEADS -y, �%= e i= MEMORANDUM w _'.:t �=`�✓44.141. DATE: June 10, 1997 CONTRACT AGENCY BUDGET MODIFICATIONS - This memorandum applies to those departments who pay contract agencies from the O eratin Budget 4770 or 4980 objects. ' P g On August 29, 1995,ADH 47-95 was issued to resolve problems which had developed regarding the procedures and requirements for modifying contract agency budgets. In early 1997, there were again problems with timeliness and the reasons for modifications for certain departments involving 1996 contracts. Departments who deal with contract agencies have a major responsibility in the processing of contract budget modifications. Therefore, the attached procedures, which take effect with all • 1997 contracts should be closely followed. Please distribute these procedures to all of your • contract agencies. i If there are any questions regarding this ADH,please contact your department's Budget Examiner. ERIC A. KOP' Chief Deputy County Executive • Distribution Department Heads Attachment i/ Jug L 1991 i BUDGET MODIFICATIONS REQUIREMENT'S: 1. Non-equipment requests for contract budget modifications us be received at the cowl Executive's Budget Office no later than 45 calendar days prior to the end of the contract fiscal year. Equipment modifications must be received 90 calendar days prior to the end of the contract fiscal year. • 2. Under no circumstances can expenditures for which a budget modification is being • requested be made prior to the approval of the modification by the Budget OffiCe_ 3. An agency will be restricted to three approved modifications per year. 4. Each line item requested to be modified must be fully justified and must be directly related to the intent of the program. • 5. Any transfers to increase salary rates of contract employees,create new positions, or change the title of a position,must be submitted prior to the rate increase being given or the position being filled. The Budget Office will not approve retroactive salary increases. • The only exception applies to a retroactive labor agreement between an agency and their union bargaining unit(s). • g 6. Budget modifications cannot increase the dollar amount of the contract. PROCEDURE: . . I. Four copies of the proposed budget modification and one copy of the justification . including a letter from the agency g y requestung the change,should be forwarded to the Budget Office with the department's recommendation within fifteen(15)calendar days of receipt of the request by the department. - - • 2. The justification must include the effect of the modification on thepro program;changes the available reimbursement to the County, if any,the additional dollar amount which will be paid to the agency,and the dollar amount of reimbursement to the County, if the modification is approved. 3. If the contract is funded under a Federal or State grant, or State reimburserhent,the • Department Head must advise in the transmittal memo wi et e Statc-or=F ederal-approves' fo vthe aiodii cations required and whether the attached documentation showing the change has been approved by the funding agency. 4. The budget modification format must indicate the line item,the current budget amount, the amount spent year to date, the new amount of the line item and the dollar amount of the change. , NOTIFICATION OF RIGHTS UNDER THE LIVING WAGE LAW According to the provisions of Local Law #12-2001 (the Living Wage law) enacted by Suffolk County in July of 2001, a living wage rate was established. The Living Wage shall be adjusted each year in proportion to the increase of the area Consumer Price Index. Effective January 1, 2016, the Living Wage will increase to $11.93 per hour with health benefits and $13.58 per hour without health benefits for covered employees of an agency receiving financial compensation through the County. The law also mandates that full time workers receive at least 12 compensated days off per year through any combination of sick, vacation or ' personal leave and includes paid holidays provided by the employer. The Suffolk County Department of Labor ,has been designated as the agency to administer this law and to this end has established a Living Wage Unit. Further information concerning the parameters of the Living Wage law may be obtained by contacting this Unit (631-853-3808) or accessing the Suffolk County web page at www.co.suffolk.ny.us/labor and following the link to the Living Wage section. All inquiries will remain confidential. • .-Law No. 17—AG--CSO IFMS No. 0000000 6 5 Rev. 4/19/16 001-6777/JKD1-4980-952 e5 Line Item/Omnibus Grant—CSE Residential Repair Contract This Contract("the Contract") is between the County of Suffolk("the County"), a municipal corporation of the State of New York, acting through its duly constituted Office for the Aging("the Department"), located at the H.Lee Dennison Building, 100 Veterans Memorial Highway,P.O. Box 6100,Hauppauge,New York 11788- 0099; and Town of Southold ("the Contractor"),a New York Municipal Corporation, having an address at 53095 Main Road,PO Box 1179, Southold,New York 11971. The Contractor has been designated to receive funds from the County to provide a Residential Repair Program for the Elderly("the Services") as set forth in Article I, entitled"Description of Services." Term of the Contract: April 1,2016 through March 31,2017;with an option,to be exercised at the County's discretion,to September 30,2017 on the same terms and conditions herein. Units of Service: 900 Units of Residential Repair 140 Unduplicated Served Total Cost of the Contract: Shall not exceed$19,283.00, to be paid as set forth in Articles V and VI, attached. Terms and Conditions: Shall be as set forth in Articles I through VI,attached hereto and made a part hereof. In Witness Whereof,the parties hereto have executed the Contract s of the latest date written below. Town of Southol County of folk By: alAFOLAW By: • Scott A.Russell Dennis M. Cohen Supervisor Chief Deputy County Executive Fed.Tax ID#: 11 6001 39 Date 7/6-ix Date 612.0 t6 ilii Approved: Sc,O-1-'- A Ruse..(,( hereby Department certifies under penalties of perjury that I am an officer of By: C44,0,4fJf Holly Rhodes-Teague l T�W r\ S O 0 t°� ,that I (`-�J Director,O is for the Aging have read and I am familiar with§A5-8 of Article V hof the Suffolk Date / County Code,and that j DLA-)1(‘ S c�/�"^� &meets all requirements qualify for exemption thereunder. Recommended. • Name a e �� pp Date iesi l4 14By: Approved as to Form: Linda Halliday Dennis M.Brown Community Organization Specialist Suffolk Coun • �ey Date (112)1(v By: Niranjan . agapuram11 1111 11 11 11 II Assis County Attorne Date 6',,4 l 0039407 1 of 35 pages CSE RR Sohld template 16-17 .Law No. 17—AG IFMS No.0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair List of Articles Article I 5 Description of Services 5 1. Conflicting Provisions 5 Article IA 14 Grievance Procedures 14 Article II 16 Definitions 16 1. Meanings of Terms 16 2. Elements of Interpretation 17 Article III 18 General Terms and Conditions 18 1. Contractor Responsibilities _ 18 a. Duties and Obligations 18 b. Qualifications, Licenses, and Professional Standards 18 c. Notifications 18 d. Documentation of Professional Standards 18 e. Credentialing 18 f. Engineering Certificate 18 2. Termination 19 a. Thirty Days Termination 19 b. Event of Default; Termination on Notice 19 ' c. Termination Notice 19 d. Duties upon Termination 19 3. Indemnification and Defense 19 4. Insurance 19 5. Independent Contractor 20 6. Severability 20 7. Merger;No Oral Changes 20 8. Set-Off Rights 20 9. Non-Discrimination in Services 20 10.Nonsectarian/Non Partisan Declaration 21 11. Governing Law 21 12.No Waiver 21 13. Conflicts of Interest 21 14. Cooperation on Claims 21 15. Confidentiality 21 16. Assignment and Subcontracting 21 17. Changes to Contractor 22 18.No Intended Third Party Beneficiaries 22 19. Certification as to Relationships 23 20. Publications 23 2 of 35 pages CSE RR Sohld template 16-17 'Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/J1(D1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair 21. Copyrights and Patents 23 a. Copyrights 23 b. Patents 23 22. Arrears to County 23 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 23 24. Certification Regarding Lobbying 24 25. Record Retention 24 26. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-201324 27.Notice 24 Article IV 25 Suffolk County Legislative Requirements 25 1. Contractor's/Vendor's Public Disclosure Statement 25 2. Living Wage Law 25 3. Use of County Resources to Interfere with Collective Bargaining Activities 25 4. Lawful Hiring of Employees Law 25 5. Gratuities 26 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 26 7. Child Sexual Abuse Reporting Policy 26 8. Non Responsible Bidder 27 9. Use of Funds in Prosecution of Civil Actions Prohibited 27 10. Youth Sports 27 11. Work Experience Participation 27 12. Safeguarding Personal Information of Minors 27 13. Contract Agency Performance Measures and Reporting Requirements 27 14. Suffolk County Local Laws Website Address 27 Article V 28 General Fiscal Terms and Conditions 28 1. General Payment Terms 28 a. Presentation of Suffolk County Payment Voucher 28 b. Voucher Documentation 28 c. Payment by County 28 d. Budget Modification 28 e. Budget and/or Services Revisions 28 f. Taxes 29 g. Final Voucher 29 2. Subject to Appropriation of Funds 29 3. Personnel Salaries,Pension and Employee Benefit Plans, Rules and Procedures 29 4. Accounting Procedures 29 5. Audit of Financial Statements 30 6. Financial Statements and Audit Requirements 30 7. Furniture, Fixtures,Equipment, Materials, Supplies 31 a. Purchases, Rentals or Leases Requiring Prior Approval 31 b. Purchase Practices/Proprietary Interest of County 31 3 of 35 pages CSE RR Sohld template 16-17 Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JID1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair c. County's Right to Take Title and Possession 31 d. Inventory Records, Controls and Reports 32 e. Protection of Property in Contractor's Custody 32 f. Disposition of Property in Contractor's Custody 32 8. Lease or Rental Agreements 32 9. Statement of Other Contracts 32 10. Miscellaneous Fiscal Terms and Conditions 32 a. Limit of County's Obligations 32 b. Duplicate Payment from Other Sources 32 c. Funding Identification 32 d. Outside Funding for Non-County Funded Activities 33 e.' Potential Revenue 33 f. Payments Contingent upon State/Federal Funding 33 g. Denial of Aid 33 h. Budget 33 i. Payment of Claims 33 j. Payments Limited to Actual Net Expenditures 33 k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 34 1. Salaries 34 m. Salary Increases 34 n. Contractor Vacancies 34 o. No Limitation On Rights 34 p. Comptroller's Rules and Regulations 34 Article VI 35 Budget 4 of 35 pages CSE RR Sohld template 16-17 Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair Article I Description of Services CSE Residential Repair Whereas,the Contractor has been identified in the 2016 Suffolk County Adopted Budget under the pseudo code as listed on page one of the Contract to perform the Services for the Department; and Whereas,the continuity of service delivery is considered to be in the best interest of the County and the elderly residents of Suffolk County for the best possible outcomes; Now therefore,in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Goals of the Program The Residential Repair Program("Program")is to provide persons aged sixty(60) or over,who are in need,with minor repair and renovation assistance to remediate or upgrade substandard,unsuitable or unsafe housing, including, but not limited to,handicapped modifications or crime prevention modifications. The Program provides the required labor and recipients pay for necessary supplies and materials. Persons aged sixty (60) and over who are incapable of maintaining their homes because of illness, incapacity, handicap or absence of a caretaker relative are eligible to receive services. 3. General Terms and Conditions In general,but without limitation,the Contractor shall be required to meet the criteria listed below: a. The Contractor may not impose a means test of eligibility. No income or asset information may be used to determine eligibility for service notwithstanding any other provisions of this Contract. b. The Contractor and all of their subcontractors shall adhere to the terms of the Department's New York State (NYS)Area Plan,to the extent that the program is a part thereof, and the Department agrees to make the NYS Area Plan available to the Contractor. c. The Contractor is to afford priority to servicing those elderly persons whom New York State has identified as the target population(minority, low-income,frail, and vulnerable) in accordance with paragraph 7 below. d. Persons eligible for or receiving the same or a similar service under another government-funded program are not eligible for this service. However, determination of eligibility must be done on an individual basis recognizing specific circumstances as they pertain to the person's need. e. The Contractor may not charge any fees for services. 5 of 35 pages ARTICLE I `Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/J D1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair 4. Administration Overall administration of this program will be the responsibility of the Contractor. The Contractor or its designee will insure proper implementation and direction of the services, act as liaison between the Department and the actual recipients of service and insure accuracy and timeliness of submission of all reporting forms and expenditures. 5. Contractor's Staff a. The Contractor shall employ adequate numbers of qualified staff,which may include volunteers, and supervisory personnel to meet all the specifications and responsibilities of the program in an orderly,punctual and reliable manner. All meetings and trainings required by the County are to be attended by the appropriate staff. The Contractor will have on file with the Department the procedures to be followed by workers and other staff in case of emergency. b. The Department has the right to review and approve Contractor's staff applicable to the Program. c. The provisions of this paragraph 5 are in addition to the provisions of Article V,paragraph 10, subparagraph n. 6. Coordination The Contractor shall coordinate the delivery of services with other providers and organizations to provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish this,the Contractor will undertake activities such as but not limited to participation in inter-agency meetings, coordination of referrals and follow-ups with other local service providers, entering into agreements with other organizations for joint efforts and/or funding, centralized assessment and maintaining up-to-date resource materials both within and outside the Contractor's organization. 7. Targeting and Outreach a. The Contractor,to the extent it has discretion regarding to whom it will provide services, must give preference to providing services to those unserved and underserved older adults in greatest social or economic need particularly those older adults who are: low income, low income minorities, individuals with limited English proficiency,rural residents,Native Americans, institutionalized or those at risk for institutionalization, individuals with Alzheimer's and related disorders, individuals with disabilities, caregivers of individuals with Alzheimer's related disorders and individuals with disabilities, minorities, frail,vulnerable, LGBT and homebound, in accordance with their need for such services and to meet the specific objectives established by the Department 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 6 of 35 pages ARTICLE I 'Law No. 17–AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant–CSE Residential Repair applicable regulations, including the following laws: the Older Americans Act(OAA),Title III of the Code of Federal Regulations,45 CFR 1321;the NYS Elder Law and relevant NYS regulations (Title 9, Subtitle Y of the New York State Code of Rules and Regulations);the Contractor's targeting goal is to substantially increase the numbers of older adults from targeted population groups(minority, low-income, frail,vulnerable). c. The following target groups have been identified as having the greatest economic and social needs: minority, low income,frail and vulnerable. i. Minority—persons of Black, Hispanic,Asian,Native American(American Indian), Alaska Native,Native Hawaiian or Other Pacific Islander origins. Persons whose origins are of Two (2) or More Races or who are identified as being in a racial category different from those above(other than white)may be included(see the Other Race or Two (2) or More Races categories, defined below). a) Black-refers to a person who has origins in any of the Black racial groups of Africa. This includes, for example,persons who self report as Black, African American,Kenyan,Nigerian,Haitian or other applicable identification. b) Hispanic(or Latino) -refers to a person of Cuban, Mexican,Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race. Hispanic origin can be viewed as the heritage,nationality group, lineage, or country of birth of the person or the person's parents or ancestors before their arrival in the United States. People who identify their origin as Hispanic, Latino, or Spanish may be any race. c) Asian-refers to a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including,but not limited to, Cambodia, China, India, Japan, Korea,Malaysia,Pakistan,the Philippine Islands, Thailand, and Vietnam. d) American Indian or Alaska Native-refers to a person having origins in any of the original peoples of North and South America(including Central America)and who maintains tribal affiliation or community attachment. This category includes people who indicated their race(s) as"American Indian or Alaska Native"or reported their enrolled or principal tribe,such as Navajo,Blackfeet,Inupiat, Yup'ik,and/or Central American or South American Indian groups. e) Native Hawaiian or Other Pacific Islander-refers to a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. f) Other Race or Two (2) or More Races-this category includes persons who self-identify as multiracial, mixed, interracial, or a racial category other than white, not included in the descriptions above. ii. Low—Income-Households with incomes at or below one hundred-fifty percent(150%) of the poverty level. 7 of 35 pages ARTICLE I 'Law No. 17–AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant–CSE Residential Repair iii. Frail—Persons with one (1) 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). iv. 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. v. Vulnerable—Persons with a deficit of social resources,those who are isolated socially, linguistically or geographically, and/or those affected by other environmental conditions including the following: a) Language barriers; Limited English Proficiency- Individuals who do not speak English as their primary language and who have a limited ability to read,write, speak, or understand English may be limited English proficient, and may be eligible to receive language assistance with respect to a particular type of service, benefit, or encounter. b) ' Rural residence; c) Persons with disabilities; d) Institutionalized or at risk of institutionalization; e) Lesbian, gay,bisexual,transgender(LGBT) older adults; f) Low literacy; g) Older adult caregivers of children with developmental disabilities, mental illness, or other disabilities requiring a caretaker(e.g., traumatic brain injury); h) Homebound; and, i) Alzheimer's or other Dementia. d. In order to comply with Targeting requirements,the Contractor must employ Outreach Strategies which may include,but are not limited to, locating target populations using Census or other resource data, translated printed materials, location of services in catchment areas for targeted populations,publicity to community-based groups, and minority staff/volunteers. 8. Equal Access a. The Contractor shall comply with requirements for equal access including language accessibility, nondiscrimination and concentration of services on target populations. b. The Contractor shall adopt staffing procedures which provide for services to be delivered in a language other than English in areas where a significant number of clients do not speak English as their principal language. c. The Contractor shall provide maximum accessibility to those older adults in greatest economic or social need, and ensure that new sites be free from architectural barriers that limit participation of disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1)). Accessibility requirements include provision of services and assistive devices (including assistive technology 8 of 35 pages ARTICLE I Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair 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. • For individuals with vision impairments: qualified readers,taped texts, audio recordings,Brailed materials, large print materials, and assistance in locating items. • For individuals with speech impairments: TDDs, computer terminals, speech synthesizers,and communication boards. d. Additionally, consistent with the Civil Rights Act of 1964, Title VI,the Title VI regulations, federal Executive Order 13166, and the NYS Human Rights Law. All AAAs and subcontractors are required by law to take reasonable steps to provide meaningful access to limited English proficient persons. All aging services providers, are obligated to provide reasonable,timely, and appropriate language assistance to the limited English proficiency(LEP)populations each serves. Mandated Action: The Contractor shall, at a minimum, maintain a telephonic interpretation service contract or similar community arrangement with a language interpretation services provider of their choice. The Contractor's staff for this Program with public contact must be aware of, and trained in the timely and appropriate use of,these language services. The Contractor shall also ensure that LEP persons are informed of the availability of language assistance,free of charge,by providing written notice in languages LEP persons will understand at service locations. 9. Reporting Requirements One (1)unit of service is equal to one(1)hour of residential repair/renovation service. a. The Contractor shall submit to the Department monthly reports covering program activity and expenses incurred during the reporting period. Such reports must be submitted to the Department by the eighth(861)day of the month following the period being reported, and be on a form specified by the Department and shall comply with all procedures required by the Department for the proper payment of vouchers and audits. b. Financial reports, or vouchers, also must never contain the names of the clients served,but may be coded to indicate the particular client served. c. The Contractor must at a minimum determine and maintain the following specific type of demographic information for each individual receiving services. Demographics The Contractor must at a minimum determine and maintain the following specific type of demographic information for each individual receiving services: 9 of 35 pages ARTICLE I 'Law No. 17—AG IFMS No.0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair • Name. • Sex. • Age. • Disabled/Frail. • Vulnerable. • Live Alone. • Low Income -The need resulting from an income level at or below the poverty threshold, as established by the Bureau of the Census and updated annually as follows: Size of Family Unit 150 % of Poverty Threshold 185 %of Poverty Threshold 1 $17,655/year $21,775/year 2 $23,895/year $29,471/year • Minority. • Low Income Minority-those minority persons whose income is at or below the poverty threshold. 10. Incident Reporting a. The Contractor agrees to provide the Department with reports of all instances of claims, costs, damages, and injuries to persons or property of whatsoever kind arising out of services provided under this Agreement. All such notifications should be given to the Department immediately after the incident, if possible, but in no case longer than five(5) days after the incident. The Contractor further agrees to send the Department copies of all"notices of claim"or any other papers relating to litigation it receives relating to the program covered under this Contract. b. The Contractor will report at least verbally to the Department,within twenty-four(24)hours any incidents involving the client,whether the incident requires medical attention or not. A written follow up of such incident shall be sent to the Department within five(5) days of occurrence. The Contractor will report any circumstances outside normal events that affect the well-being of the client, including deteriorating conditions and significant changes that might lead to unsafe conditions for the client. 11. Confidentiality Confidential records shall be maintained on each recipient. Reports, as required by the Department, should not contain the names of any clients, and identifying codes should be used to indicate particular clients served,if necessary. a. The Contractor agrees that no personal information obtained from an individual in conjunction with this program shall be disclosed in a form in which it is identified'with the individual without such individual's written consent to such disclosure,except to the Department. 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. 10 of 35 pages ARTICLE I • Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair 12. Promotions and Advertisements a. It is the responsibility of the Contractor to provide publicity for the program and to have an identifying logo in equal sized lettering on any printed materials and on all brochures,flyers, and advertisements(including without limitation television graphics),and on Program vehicles, as follows: Funded by the New York State Office for the Aging and the Suffolk County Office for the Aging b. Any announcements of the Program on radio or television must identify funding in the same manner. c. The provisions of this paragraph 12 supersede the provisions of paragraph 20 of Article III. 13. Contributions a. The Contractor may not impose a means test of eligibility. No income or asset information may be used to determine eligibility for service notwithstanding any other provisions of this Contract. Any Suffolk resident sixty(60)years of age or older is eligible to receive this service. b. The Contractor has the obligation to inform each recipient of the service, of the opportunity to make a completely voluntary and anonymous contribution toward the cost of the service. Service may not be denied,however, if a person is unable or unwilling to make a contribution. An audit trail of all incoming contributions received must be reported monthly. All contributions are used to expand the service. The letter sent to each recipient annually informing him/her of these facts must include the sources of funding for the program and must include the following information: Contributions to this (these) service(s)are completely voluntary and anonymous. Service will not be denied if you are unable or unwilling to contribute. Any contribution you wish to make will be used to expand the program and will be greatly appreciated. c. Individuals with self-declared incomes at or above one hundred eighty-five percent(185%) of the federal poverty line will be encouraged to contribute at levels based on the actual cost of services. 14. Participant Comments& Satisfaction Surveys Pursuant to the NYS Office for the Aging Regulations Section 6654.8,the Contractor shall develop and implement procedures to obtain the views of program participants about the services they receive. Copies of records of such views shall be maintained for at least seven(7)program years and shall be available to the Department for inspection upon request. Such method shall respect the client's right to confidentiality. In any event, at conclusion of the service,but not less often than annually, the Contractor shall send each recipient an evaluation letter and survey in the form approved by the Department, informing him/her of the sources of funding for the program and including the following information: Contributions are welcomed and are used to expand this service. 11 of 35 pages ARTICLE I 'Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair 15. Monitoring a. Financial Transactions The Department's staff and staff of the New York State Office for the Aging may examine or review evidence regarding the existence,timing and classification of financial transactions that are charged to the program for reimbursement. To obtain this evidence, such staff may examine documentary evidence, including financial statements, financial reports, etc., and original records. Such staff may make physical verification by actually observing or counting certain assets(e.g., cash, equipment and supplies)to establish their physical existence. b. Program Subject to the limitations of client confidentiality,the contractor agrees to permit the Department's staff and staff of the New York Office for the Aging to review program records and to monitor training, supervision and services at any time. 16. Grievance Procedures In accordance with§306(a)(6)(P)of the Older Americans Act,as amended(OAA),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-Grievance Procedures. 17. Certificate of Incorporation The Contractor(if not a town or other municipal corporation) shall furnish the Department with certified copies of its Certificate of Incorporation and bylaws, including any amendments thereto, at the time it signs this Contract,to the extent not already on file with the Department, and any amendments thereto during the term of this Contract promptly upon their adoption, and a list of the board members governing the Contractor from time to time. The Contractor shall not dissolve any existing corporation or establish any new corporation with the responsibility for the operation of the program without the prior written approval of the Department. 12 of 35 pages ARTICLE I Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair Contractor's Proposal and Response for Targeting and Equal Access 13 of 35 pages ARTICLE I ' KAREN MCLAUGHLIN ,,,,"""--- Nutrition Program Town Director of Human Io, ��S�FFO(�`D, Home Delivered Meals Services '_s Gy Case Management Town of Southold ro z ; Essential Transportation P.O.Box 85 Senior Adult Day 750 Pacific StreetDy� apl �'� Care/Katinka House Mattituck,NY 11952 =_.1 ,.� Alzheimer's Day Care Tel. (631)298-4460 Telephone Reassurance Fax(631)298-4462 Residential Repair • SOUTHOLD TOWN RESIDENTIAL REPAIR PROGRAM Program Narrative 4/1/16- 3/31/17 • • The Residential Repair program is a service designed to help keep elderly residents safely in their homes by assisting with minor repairs and eliminating existing safety hazards. The population of aged 60+residents in Southold Town is approximately 32.23%according to 2010 census data. The program provided 832 units of service to 125 seniors for the 2015/16 program year to date.This represents an increase in both annual units provided and the number of seniors served as compared to the previous program year. To date 4%of minority clients were served which exceeded our minority- targeting goal of 3.47%. Targeting and expanded outreach efforts will continue to be a major priority for the upcoming year. In following guidelines set forth under the Older Americans Act, Southold Town Senior Services continues our commitment to our goal of providing residential repair services to underserved and/or minority elderly residents. According to the 2010 U.S.Census,3.47%of the elderly residents in Southold Town are minority. Southold Town Senior Services will ensure access for services to target groups and/or those with the greatest economic and social needs. These groups include minorities,low income,homebound,frail and vulnerable persons aged 60 and older; individuals with Limited English Proficiency(LEP); lesbian,gay,bisexual,and transgender(LGBT)older adults; native Americans; seniors at risk for institutionalization;individuals with Alzheimer's Disease and related disorders and other disabilities and their caregivers. Ensuring equal access to languages services for all is a high priority and is achieved through a contract that has been established with Propio Language Services. Staff is aware of and trained in the timely and appropriate use of these languages services.As a contractor with SCOFA, we 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 offree 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 this free service available to all seniors. We will also provide information on the Town's website and issue a press release informing Southold residents, community service organizations and local churches about the available language assistance.Access will also be provided via the Southold Town Justice Court's comprehensive list of court interpreters available pursuant to section 387 of the Judiciary Law. We have increased visibility and expanded access to our services. In addition to our existing print outreach activities of brochures,newspapers,senior center menus and activity calendars and we are featured in Eastern Long Island Hospital's Seniors Options and Solutions Program newsletter that enjoys town wide distribution.The website for the Town of Southold www.southoldtownny.gov is a great resource and all activities,program announcements and updates are posted weekly.Important links for programs and services and related forms can be easily accessed. Our Residential Repair Coordinator and Maintenance Mechanic 1,continue to work collaboratively with SAMS Assessors to address unmet needs for home delivered and congregate dining participants.We regularly install smoke and carbon monoxide detectors and grab bars for seniors. Community Action for Southold Town's 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 association. CAST also rotates through our community services room at the center to improve service access to vulnerable seniors. The Nassau Suffolk Hospital Council Aged, Blind and Disabled Health Insurance Benefits Assistance Program began a monthly rotation in our community services office this year and are providing information on our services to their program participants over 60 years of age as well.Lastly,local pharmacies have been providing information on our service to seniors and have been referring customers to Residential Repair for installation of grab bars and other home safety equipment. Lynne Richards,Southold Town Disabilities and ADA Coordinator now has an office on site at the Senior Center one day per week to provide advocacy to town residents with disabilities and their families. Seniors with disabilities can access various services including ADA compliance questions/complaints and can receive assistance in identifying and applying for services. The Town also assists income eligible seniors with necessary modifications through the home repair program funded with community development block grant funds.The Town will be launching our new portable ramp loan program in April 2016 which will provide portable suitcase ramps to assist seniors and their caregivers and/or families in accessing their homes after temporary illness or injury. The ramps are intended to• assist caregivers of seniors for short term use only and are not intended for independent use or long term disability.The 15 ramps and storage shed were purchased through Community Development Block Grant funding.Hospital discharge planners and local home health providers will be notified when program commences.Our Residential Repair Program Maintenance Mechanic will be responsible for installation of portable ramps. In 2010 Southold Senior Services partnered with the North Fork Woman for Woman Fund in their NYSOFA's Community Empowerment Aging in Place Grant Program to expand and enhance awareness of available services to the lesbian community on the North Fork. In 2011,we began working with the SAGE organization to expand their activities and services to the LGBT community on the north fork.While they no longer provide direct services on site,we do provide their print information to seniors. Additional outreach efforts include: • Program highlighted in the Town-wide newsletter. • Residential Repair program information is featured in the Town's Recreation brochure which is mailed to all residents on a quarterly basis. • Brochures placed around town,in pharmacies,medical offices,&libraries. • Featured in the Suffolk Times Newspaper in articles,columns and editorials. • Referrals from SAM's assessors for the homebound meals-on-wheels participants. Home safety is reviewed with each client on our home visits and incorporated into all care plans. • Informational presentations to monthly on-site caregivers group/Alzheimer's Support Group • Featured regularly on our monthly menu. • Word of mouth from satisfied seniors. • Church Bulletins. • Featured on Southold Town Government Cablevision Channel 22. • Announcements at the local senior meetings and monthly VIP(Visually Impaired Persons) group. Our projected unduplicated count of clients for the upcoming year will be 140 with an anticipated 900 units of service with projected contributions of$3,000.00. The procedure for implementing this program will be carried out through Senior Services. Referrals are received from SAMS' assessors, Seniors,family members,physicians,other outside agencies and individuals.Referrals will be taken at the Senior Center and appointments made for our Maintenance Mechanic 1 to inspect any work and prepare a materials list along with a description of work to be performed.Our Maintenance Mechanic 1 will present the prepared list to the potential client along with the amount of money required for materials. If approved by the client,an appointment will be made by the Senior Center for the Maintenance Mechanic to complete the work. A materials purchase record will be provided to the client and signed by both the client and worker. The Maintenance Mechanic 1 will then perform the repair • duties,oversee the work done and inspect upon completion. Upon completion,a letter will be sent along with a client comment form. The letter will indicate that all donations to the program are voluntary and confidential and that no one will be denied service because of inability or unwillingness to pay and all contributions are used to enhance the program. Cheryl Kaswell,Residential Repair Coordinator,will schedule appointments,facilitate client contact, time sheet records,materials records and monthly reports to the Suffolk County Office for the Aging. The Town Director of Human Services will oversee implementation and direction of the program and be responsible for client service,accuracy and timeliness of reporting and expenditures. The vouchering process takes place in the accounting department by the Deputy Town Comptroller, Connie Solomon. Karen McLaughlin Town Director of Human Services • 'Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JID1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair i. Participants must submit their Article IA grievances in writing to Aging's Program Administrator. Grievance Procedures ii. The grievance should be filed within thirty (30) days of denial, 1. Purpose reduction or termination of services, or of the event or In accordance with §306 (a) (6) (P) of the Older circumstances with which the Americans Act, as amended (OAA), the Suffolk participant is dissatisfied.Aging's County Office for the Aging has established a Program Administrator may grant process for resolving complaints from older an extension for good cause persons who are dissatisfied with or denied shown. services funded under Title III of the Act. The grievance should be filed on 2. Notifying Participants of the Right to File a the form approved by Aging, Grievance which shall include a written a. The Contractor shall inform all participants statement setting forth in detail in the program of the right to file a the date, time and circumstances grievance. A summary of the procedures, that are the basis of the complaint. including a statement that assistance to file b. Investigation and Response to Grievance: shall be provided to older persons,must be prominently posted at service delivery sites i. The designated reviewer who or offices at which participants and service performs the initial review shall applicants apply for services. Summaries investigate the grievance, must be in a format approved by Aging and including,as appropriate,meeting shall also be written in languages other than with the grievant and other English where required to serve the persons involved in the action(s) client/applicant population. Service complained of or in the denial of participants shall be informed of the services. grievance procedures through written and u. The reviewer shall review all verbal statements provided to them upon pertinent facts and/or documents, assessment and/or reassessment for services. and shall determine whether the b. A participant or applicant who is denied agency action was made in Title III services by the Contractor and the accordance with lawful Aging program monitor must be given the procedures (that is, consistent reasons for the denial.The denial shall be with applicable OAA and or State confirmed in writing and the applicant laws, regulations and policies) informed of the right to file a grievance and supported by the facts. and to whom the grievance shall be iii. The designated reviewer shall addressed.For services which are applied prepare and send a written for by telephone or verbally,in person,the response to the grievant and to client may be told of the right to file a Aging's Director within fifteen grievance verbally. (15) days after the grievance is 3. Grievance Process filed.The response shall set forth a. Filing of grievances must follow the the circumstances relating to the following process: grievance,the action requested by the grievant, the fmdings of the 14 of 35 pages ARTICLE IA • 'Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/J1(D1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair reviewer, a proposed remedial aging; any documents or other records submitted by action, if any, and reason(s) for any party;the written Initial Response of the agency, and facts relied on in the and, if applicable, the notice to the grievant of the determination. right to an appeal. c. Appeal of Initial Response/Decision: 5. Confidentiality i. The grievant may initiate a No information, documents or other records request for subsequent review by relating to a grievance shall be disclosed by Aging's Director within twenty program staff or volunteers in a form that identifies (20) calendar days following the grievant without the written informed consent receipt of notification by the of the grievant,unless the disclosure is required by Program Administrator of the court order or for program monitoring by decision. authorized agencies. ii. Aging's Director shall request copies of the initial file on the complaint in question. Aging's Director will review the materials to ensure that pertinent policies and procedures have been applied and followed. If appropriate, Aging's Director or his/her designee will meet with the older person to allow the grievant an opportunity to present information about the grievance. iii. If the policies and procedures have been adhered to, Aging's Director will not overturn the decision of the Program Administrator. If proper policies and procedures have not been applied, Aging reserves the right to overturn the decision. The subsequent review shall be 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 Aging 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 Aging or the service provider 15 of 35 pages ARTICLE IA Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JID1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair Article II Insurance as its lawful agent for service of Definitions process;or 1. Meanings of Terms d. the Contractor's failure to comply with any Federal,State or local law,rule,or regulation, As used herein: and County policies or directives;or "Audit of Financial Statements"means the examination by e. the Contractor's bankruptcy or insolvency;or the Comptroller and any Federal or State auditing authority of the financial statements of the Contractor resulting in the f. the Contractor's failure to cooperate in an Audit publication of an independent opinion on whether or not those of Financial Statements;or financial statements are relevant,accurate,complete,and fairly presented. g. the Contractor's falsification of records or reports,misuse of funds,or malfeasance or "Budget"means the Contractor's summary or plan of all nonfeasance in financial record keeping arising intended revenue,whether received in the form of fees,grants, out of,or in connection with,any contract with County funding,or any other source,and expenditures necessary to the County;or render the Services. h. the Contractor's failure to submit,or failure to "Budget Deficiency Plan"means an analysis of the cost of the timely submit,documentation to obtain Federal Services,changes in fiscal conditions,and required modifications to or State funds;or the Contract to continue to render the Services. i. the inability of the County or the Contractor to "Comptroller"means the Comptroller of the County of Suffolk. obtain Federal or State funds due to any act or omission of the Contractor;or "Contract"means all terms and conditions of this Contract forming all rights and obligations of the Contractor and the County. j. any condition that the County determines,in its sole discretion,is dangerous. "Contractor"means the signatory corporation,its officers,officials, employees,agents,servants,sub-contractors,and any successor or "Federal"means the United States government,its departments,and assign of any one or more of the foregoing performing the Services. agencies. "County"means the County of Suffolk,its departments,and "Fringe Benefits"means non-wage benefits which accompany,or agencies. are in addition to,a person's salary,such as paid insurance,sick leave,profit-sharing plans,paid holidays,and vacations. "County Attorney"means the County Attorney of the County of Suffolk. "Fund Source"means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "Department"means the signatory department approving the Contract. "Legislature"means the Legislature of the County of Suffolk. "Engineering Services"means the definition of the practice of "Management Letter"means a letter certified as true by the engineering and the definition of practice of land surveying,as the Contractor's certified public accountant or chief financial officer of case may be,under Section 7201 and Section 7203 of the State findings and recommendations for improvements in internal fiscal Education Law,respectively. control that were identified during an Audit of Financial Statements, but which were not required to be included in an audit report. "Event of Default"means "Municipal Corporation"means a town,village,or school district. a. the Contractor's failure to perform any duty required of it under paragraphs 1(b)-(e)of "Services"means all that which the Contractor must do,and any part Article III of the Contract;or thereof arising out of,or in connection with,the Contract as described in Article I"Description of Services." b. the Contractor's failure to maintain the amount and types of insurance with an authorized insurer "State"means the State of New York. as required by the Contract;or "Statement of Other Contracts"means a complete list of all other c. the Contractor's failure to maintain insurance contracts under which money has been or will be paid to the required by the Contract with an insurer that has Contractor from the County,Federal,or State governments,or a designated the New York Superintendent of Municipal Corporation,and(i)which are currently in effect or(ii) which have expired within the past twelve(12)months and have not 16 of 35 pages ARTICLE II • Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair 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 17 of 35 pages ARTICLE II Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair Article III of termination of such license. Without limiting General Terms and Conditions the generality of the foregoing,if any part of the Contract remains to be performed,and the 1. Contractor Responsibilities termination of the license does not affect the Contractor's ability to render the Services,every a. Duties and Obligations other term and provision of the Contract shall be valid and enforceable to the fullest extent i.) It shall be the duty of the Contractor to permitted by law. discharge,or cause to be discharged,all of its d. Documentation of Professional Standards responsibilities,and to administer funds received in the interest of the County in accordance with The Contractor shall maintain on file,in one location in the provisions of the Contract. Suffolk County,all records that demonstrate that it has ii.) The Contractor shall promptly take all complied with sub-paragraphs(b)and(c)above. The address of the location of the aforesaid records and action as may be necessary to render the Services. documents shall be provided to the County no later than the date of execution of the Contract. Such documentation iii.) The Contractor shall not take any shall be kept,maintained,and available for inspection by action that is inconsistent with the provisions of the County upon twenty-four(24)hours notice. the Contract. iv.) Services provided under this Contract e. Credentialing shall be open to all residents of the County. i.) In the event that the Department,or any division thereof,maintains a credentialing b. Qualifications,Licenses,and Professional process to qualify the Contractor to render the Standards Services,the Contractor shall complete the required credentialing process. In the event that The Contractor represents and warrants that it has,and any State credential,registration,certification or shall continuously possess,during the Term,the required license,Drug Enforcement Agency registration, licensing,education,knowledge,experience,and character or Medicare or Medicaid certification is necessary to qualify it to render the Services. restricted,suspended,or temporarily or permanently revoked,it is the duty of the The Contractor shall continuously have during the Term all Contractor to contact the Department,or division required authorizations,certificates,certifications, thereof,as the case may be,in writing,no later registrations,licenses,permits,and other approvals than three(3)days after such restriction, required by Federal,State,County,or local authorities suspension,or revocation. necessary to qualify it to render the Services. ii.) The Contractor shall forward to the c. Notifications Department,or division thereof,as the case may be,on or before July 1 of each year during the i.) The Contractor shall immediately Term,a complete list of the names and addresses notify the County,in writing,of any disciplinary of all persons providing the Services,as well as proceedings,commenced or pending,with any their respective areas of certification, authority relating to a license held by any person credentialing,registration,and licensing. necessary to qualify him,her,or the Contractor to perform the Services. f. Engineering Certificate ii.) In the event that a person is no longer In the event that the Contract requires any Engineering licensed to perform the Services,the Contractor Services,the Contractor shall submit to the County,no must immediately notify the County,but in no later than the due date for submission for approval of any event shall such notification be later than five(5) engineering work product,the Certificate of Authorization days after a license holder has lost the license ("Certificate"),issued pursuant to§7210 of the New York required to qualify the license holder or the Education Law,of every person performing any Contractor to perform the Services. Engineering Services. The failure to file,submit,or maintain the Certificate shall be grounds for rejection of iii.) In the event that the Contractor is not any engineering work product submitted for approval. able to perform the Services due to a loss of license,the Contractor shall not be reimbursed for the Services rendered after the effective date 18 of 35 pages ARTICLE III Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JID1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair 2. Termination harmless the County,its agents,servants,officials,and employees from and against all liabilities,fines,penalties, a. Thirty Days Termination actions,damages,claims,demands,judgments,losses,suits or actions,costs,and expenses caused by the negligence or The County shall have the right to terminate the Contract any acts or omissions of the Contractor,including without cause,for any reason,at any time,upon such terms reimbursement of the cost of reasonable attorneys'fees and conditions it deems appropriate,provided,however, incurred by the County,its agents,servants,officials,and that no such termination shall be effective unless the employees in any action or proceeding arising out of,or in Contractor is given at least thirty(30)days notice. connection with,the Contract. b. Event of Default;Termination on Notice b. The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing i.) The County may immediately terminate the Services.The Contractor agrees that it shall protect, the Contract,for cause,upon such terms and indemnify,and hold harmless the County,its agents, conditions it deems appropriate,in the Event of servants,officials,and employees from and against all Default. liabilities,fines,penalties,actions,damages,claims, demands,judgments,losses,suits or actions,costs,and ii.) If the Contractor defaults under any expenses arising out of any claim asserted for infringement other provision of the Contract,the County may of copyright,including reimbursement of the cost of terminate the Contract,on not less than five(5) reasonable attorneys'fees incurred by the County,its days notice,upon such terms and conditions it agents,servants,officials,and employees in any action or deems appropriate. proceeding arising out of or in connection with any claim asserted for infringement of copyright. c. Termination Notice c. The Contractor shall defend the County,its • Any notice providing for termination shall be delivered as agents,servants,officials,and employees in any proceeding provided for in paragraph 27 of this 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 shall be construed as a limitation on the County's ii.) Automobile Liability insurance(if any rights set forth in paragraphs 1(c)(iii)and 8 of non-owned or owned vehicles are used by the this Article III. Contractor in the performance of the Contract)in an amount not less than Five Hundred Thousand 3. Indemnification and Defense Dollars($500,000.00)per person,per accident, for bodily injury and not less than One Hundred a. The Contractor shall protect,indemnify,and hold Thousand Dollars($100,000.00)for property 19 of 35 pages ARTICLE III 'Law No. 17—AG IFMS No:0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair 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 5. Independent Contractor or exemption from coverage pursuant to§§57 and 220 of the Workers'Compensation Law. In The Contractor is not,and shall never be,considered an accordance with General Municipal Law§108, employee of the County for any purpose. Notwithstanding the Contract shall be void and of no effect unless anything contained in this Contract,the Contract shall not the Contractor shall provide and maintain be construed as creating a principal-agent relationship coverage during the Term for the benefit of such between the County and the Contractor or the Contractor employees as are required to be covered by the and the County,as the case may be. provisions of the Workers'Compensation Law. iv.) Professional Liability insurance in an 6. Severability amount not less than Two Million Dollars It is expressly agreed that if any term or provision of this ($2,000,000.00)on either a per-occurrence or 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 se(a(i),(ii),and(iv). than those as to which it is held invalid or unenforceable, (4shall 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. 7. Merger;No Oral Changes d. The Contractor shall furnish to the County,prior 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 8. Set-Off Rights insurance and business use automobile insurance,the Contractor shall furnish to the County,prior to the The County shall have all of its common law,equitable, execution of the Contract,a declaration page or insuring and statutory rights of set-off. These rights shall include, agreement and endorsement page evidencing the County's but not be limited to,the County's option to withhold from status as an additional insured on said policy,and upon a Fund Source an amount no greater than any sum due and demand,a true and certified original copy of such policy owing to the County for any reason. The County shall evidencing compliance with the aforesaid insurance exercise its set-off rights subject to approval by the County requirements. Attorney. In cases of set-off pursuant to a Comptroller's audit,the County shall only exercise such right after the f. All evidence of insurance shall provide for the finalization thereof,and only after consultation with the County to be notified in writing thirty(30)days prior to County Attorney. any cancellation,nonrenewal,or material change in the policy to which such evidence relates. It shall be the duty 9. Non-Discrimination in Services of the Contractor to notify the County immediately of any cancellation,nonrenewal,or material change in any a. The Contractor shall not,on the grounds of race, insurance policy. creed,color,national origin,sex,age,disability,sexual orientation,military status,or marital status g. In the event the Contractor shall fail to provide 20 of 35 pages ARTICLE III 'Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JID1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair designated in the Supreme Court,Suffolk County,the i.) deny any individual the Services United States District Court for the Eastern District of New provided pursuant to the Contract;or York,or,if appropriate,a court of inferior jurisdiction in ii.) provide the Services to an individual Suffolk County. that is different,or provided in a different manner,from those provided 12. No Waiver to others pursuant to the Contract;or iii.) subject an individual to segregation or It shall not be construed that any failure or forbearance of separate treatment in any matter related the County to enforce any provision of the Contract in any to the individual's receipt of the particular instance or instances is a waiver of that Services provided pursuant to the provision. Such provision shall otherwise remain in full Contract;or force and effect,notwithstanding any such failure or iv.) restrict an individual in any way from forbearance. any advantage or privilege enjoyed by others receiving the Services provided pursuant to the Contract;or treat an individual differently from 13. Conflicts of Interest others in determining whether or not the individual satisfies any eligibility or The Contractor shall not,during the Term,pursue a course other requirements or conditions which of conduct which would cause a reasonable person to individuals must meet in order to believe that he or she is likely to be engaged in acts that receive the Services provided pursuant create a substantial conflict between its obligations under to the Contract. the Contract and its private interests. The Contractor is b. The Contractor shall not utilize criteria or charged with the duty to disclose to the County the methods of administration which have the effect of existence of any such adverse interests,whether existing or subjecting individuals to discrimination because of their potential. This duty shall continue as long as the Term. race,creed,color,national origin,sex,age,disability, The determination as to whether or when a conflict may sexual orientation,military status,or marital status,or have potentially exist shall ultimately be made by the County the effect of substantially impairing the Contract with Attorney after full disclosure is obtained. respect to individuals of a particular race,creed,color, national origin,sex,age,disability,sexual orientation, 14. Cooperation on Claims military status,or marital status,in determining: The Contractor and the County shall render diligently to i.) the Services to be provided;or each other,without compensation,any and all cooperation that may be required to defend the other party,its ii.) the class of individuals to whom,or the employees and designated representatives,against any situations in which,the Services will be claim,demand or action that may be brought against the provided;or other party,its employees or designated representatives arising out of,or in connection with,the Contract. iii.) the class of individuals to be afforded an opportunity to receive the Services. 15. Confidentiality 10. Nonsectarian/Non Partisan Declaration Any document of the County,or any document created by the Contractor and used in rendering the Services,shall The Services performed under the Contract are secular and remain the property of the County and shall be kept nonpartisan in nature. No funds received pursuant to the confidential in accordance with applicable laws,rules,and Contract shall be used for sectarian purposes or to further regulations. the advancement of any religion candidate or partisan effort. The Services will be available to all eligible 16. Assignment and Subcontracting individuals regardless of religious belief or political affiliation. a. The Contractor shall not delegate its duties under the Contract,or assign,transfer,convey,subcontract, 11. Governing Law sublet,or otherwise dispose of the Contract,or any of its right,title or interest therein,or its power to execute the The Contract shall be governed by,and construed in Contract,or assign all or any portion of the moneys that accordance with,the laws of the State of New York, may be due or become due hereunder,(collectively referred without regard to conflict of laws.Venue shall be to in this paragraph 16 as"Assignment"),to any other 21 of 35 pages ARTICLE III Law No. 17—AG IFMS No.0000000 Rev. 4/19/16 001-6777/JID1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair person,entity or thing without the prior written consent of which notice(the"Transfer Notice")shall include: the County,and any attempt to do any of the foregoing - without such consent shall be void ab initio. i.) the proposed effective date of the Permitted Transfer,which shall not be b. Such Assignment shall be subject to all of the less than thirty(30)days nor more than provisions of the Contract and to any other condition the one hundred eighty(180)days after the County requires. No approval of any Assignment shall be date of delivery of the Transfer Notice; construed as enlarging any obligation of the County under the terms and provisions of the Contract. No Assignment ii.) a summary of the material terms of the of the Contract or assumption by any person of any duty of proposed Permitted Transfer; the Contractor under the Contract shall provide for,or otherwise be construed as,releasing the Contractor from iii.) the name and address of the proposed any term or provision of the Contract. transferee; 17. Changes to Contractor iv.) such information reasonably required by the County,which will enable the a. The Contractor may,from time to time,only with County to determine the financial the County's written consent,enter into a Permitted responsibility,character,and reputation Transfer. For purposes of the Contract,a Permitted of the proposed transferee,nature of the Transfer means: proposed assignee/transferee's business and experience; i.) if the Contractor is a partnership,the withdrawal or change,whether v.) all executed forms required pursuant to voluntary,involuntary or by operation Article IV of the Contract,that are of law,of the partners,or transfer of required to be submitted by the partnership interests(other than the Contractor;and purchase of partnership interests by existing partners,by the partnership vi.) such other information as the County itself or the immediate family members may reasonably require. by reason of gift,sale or devise),or the dissolution of the partnership without d. The County agrees that any request for its immediate reconstitution thereof,and consent to a Permitted Transfer shall be granted,provided that the transfer does not violate any provision of the ii.) if the Contractor is a closely held Contract,and the transferee has not been convicted of a corporation(i.e.whose stock is not criminal offense as described under Article II of Chapter publicly held and not traded through an 189 of the Suffolk County Code. The County shall grant or exchange or over the counter): deny its consent to any request of a Permitted Transfer within twenty(20)days after delivery to the County of the 1. the dissolution,merger, Transfer Notice,in accordance with the provisions of consolidation or other Paragraph 27 of Article III of the Contract. If the County reorganization of the shall not give written notice to the Contractor denying its Contractor;and consent to such Permitted Transfer(and setting forth the basis for such denial in reasonable detail)within such 2. the sale or other transfer of twenty(20)-day period,then the County shall be deemed to twenty percent(20%)or have granted its consent to such Permitted Transfer. more of the shares of the Contractor(other than to e. Notwithstanding the County's consent, existing shareholders,the corporation itself or the i.) the terms and conditions of the immediate family members of Contract shall in no way be deemed to shareholders by reason of have been waived or modified;and gift,sale or devise). ii.) such consent shall not be deemed b. If the Contractor is a not-for-profit corporation,a consent to any further transfers. change of twenty percent(20%)or more of its shares or members shall be deemed a Permitted Transfer. 18. No Intended Third Party Beneficiaries c. The Contractor shall notify the County in writing, The Contract is entered into solely for the benefit of the 22 of 35 pages ARTICLE III Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair County and the Contractor. No third party shall be deemed does not constitute a"work made for hire,"the Contractor a beneficiary of the Contract and no third party shall have hereby assigns to the County all right,title and interest, the right to make any claim or assert any right under the including the right,title and interest to reproduce,edit, Contract. adapt,modify or otherwise use the Work Product,that the Contractor may have or may hereafter acquire in the Work 19. Certification as to Relationships Product,including all intellectual property rights therein,in any manner or medium throughout the world in perpetuity The Contractor certifies under penalties of perjury that, without compensation. This includes,but is not limited to, other than through the funds provided in the Contract and the right to reproduce and distribute the Work Product in other valid agreements with the County,there is no known electronic or optical media,or in CD-ROM,on-line or spouse,life partner,business,commercial,economic,or similar format. financial relationship with the County or its elected officials. The Contractor also certifies that there is no b. Patents relationship within the third degree of consanguinity, between the Contractor,any of its partners,members, If the Contractor develops,invents,designs or creates any directors,or shareholders owning five(5%)percent or idea,concept,code,processes or other work or materials more of the Contractor,and the County. The foregoing during the Term,or as a result of any Services performed certification shall not apply to a contractor that is a under the Contract("patent eligible subject matter"),it municipal corporation or a government entity. shall be the sole property of the County. The Contractor hereby assigns to the County its entire right,title and 20. Publications interest,if any,to all patent eligible subject matter,and agrees to do all acts and execute all documents,and to use its best efforts to ensure that its employees,consultants, 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 the County of Suffolk."s fu protection. The County reserves to itself,and the by 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 The County shall be deemed to be the author of all the all times and all covered employees,as defined in the law, shall be required to sign such sign-in sheets/register/log Work Product. The Contractor acknowledges that all Work Product shall constitute"work made for hire"under the booksrintos indicatehrtheirgpresence on the construction site U.S.copyright laws. To the extent that any Work Product during such working hours. 23 of 35 pages ARTICLE III Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JID1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair 24. Certification Regarding Lobbying 27. Notice Together with this Contract and as a condition precedent to Unless otherwise expressly provided,all notices shall be in its execution by the County,the Contractor shall have writing and shall be deemed sufficiently given if sent by executed and delivered to the County the Certification regular first class mail and certified mail,or personally Regarding Lobbying(if payment under this Contract may delivered during business hours as follows: 1.)to the exceed$100,000)as required by Federal regulations,and Contractor at the address on page 1 of the Contract and 2.) shall promptly advise the County of any material change in to the County at the Department,or as to either of the any of the information reported on such Certification,and foregoing,to such other address as the addressee shall have shall otherwise comply with,and shall assist the County in indicated by prior written notice to the addressor. All complying with,said regulations as now in effect or as notices received by the Contractor relating to a legal claim amended during the term of this Contract. shall be immediately sent to the Department and also to the County Attorney at H.Lee Dennison Building, 100 25. Record Retention Veterans Memorial Highway,P.O.Box 6100,(Sixth 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 Article IV 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. 24 of 35 pages ARTICLE III Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair Required Forms: Article IV Suffolk County Legislative Requirements Suffolk County Living Wage Form LW-1;entitled"Suffolk County Department of Labor—Living Wage Unit Notice of NOTE:THE CONTRACTOR'S COMPLETED LEGISLATIVE Application for County Compensation(Contract)." REQUIRED FORMS REFERENCED HEREIN ARE 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's/Vendor'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 It shall be the duty of the Contractor to read,become A5-8 of Article V of the Suffolk County Code. familiar with,and comply with the requirements of Article I of Chapter 803 of the Suffolk County Code. Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-8 of Article V County Contractors(as defined by section 803-2)shall of the Suffolk County Code,the Contractor represents and comply with all requirements of Chapter 803 of the Suffolk warrants that it has filed with the Comptroller the verified County Code,including the following prohibitions: public disclosure statement required by Suffolk County 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 b. No County funds shall be used to reimburse the Contract's duration. The Contractor acknowledges that Contractor for any costs incurred to assist, such filing is a material,contractual and statutory duty and promote,or deter union organizing. that the failure to file such statement shall constitute a material breach of the Contract,for which the County shall c. No employer shall use County property to hold a be entitled,upon a determination that such breach has meeting with employees or supervisors if the occurred,to damages,in addition to all other legal purpose of such meeting is to assist,promote,or remedies,of fifteen percent(15%)of the amount of the deter union organizing. Contract. 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's/Vendor's Public Disclosure Statement" neutrality agreement,fair communication agreement,non- intimidation agreement,and a majority authorization card agreement. 2. Living Wage Law If the Services are for the provision of human services and It shall be the duty of the Contractor to read,become are not to be performed on County property,the Contractor familiar with,and comply with the requirements of Chapter must adopt,at the least,a neutrality agreement. 575,of the Suffolk County Code. Under the provisions of Chapter 803,the County shall have This Contract is subject to the Living Wage Law of the the authority,under appropriate circumstances,to terminate County of Suffolk. The law requires that,unless specific the Contract and to seek other remedies as set forth therein, exemptions apply,all employers(as defined)under service for violations of this Law. contracts and recipients of County financial assistance,(as defined)shall provide payment of a minimum wage to Required Form: employees as set forth in the Living Wage Law. Such rate Suffolk County Labor Law Form DOL-L01;entitled shall be adjusted annually pursuant to the terms of the "Suffolk County Department of Labor—Labor Mediation Suffolk County Living Wage Law of the County of Suffolk. Unit Union Organizing Certification/Declaration-Subject Under the provisions of the Living Wage Law,the County to Audit." shall have the authority,under appropriate circumstances, to terminate the Contract and to seek other remedies as set 4. Lawful Hiring of Employees Law forth therein,for violations of this 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. 25 of 35 pages ARTICLE W Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk.It provides that all covered The documentation mandated to be kept by this law shall at employers,(as defined),and the owners thereof,as the case all times be kept on site. Employee sign-in sheets and may be,that are recipients of compensation from the register/log books shall be kept on site at all times during County through any grant,loan,subsidy,funding, working hours and all covered employees,as defined in the appropriation,payment,tax incentive,contract, law,shall be required to sign such sign-in subcontract,license agreement,lease or other financial sheets/register/log books to indicate their presence on the compensation agreement issued by the County or an site during such working hours. awarding agency,where such compensation is one hundred percent(100%)funded by the County,shall submit a Required Forms: completed sworn affidavit(under penalty of perjury),the form of which is attached,certifying that they have Suffolk County Lawful Hiring of Employees Law Form complied,in good faith,with the requirements of Title 8 of LHE-1;entitled"Suffolk County Department of Labor— the United States Code Section 1324a with respect to the Notice Of Application To Certify Compliance With Federal hiring of covered employees(as defined)and with respect Law(8 U.S.C.Section 1324a)With Respect To Lawful to the alien and nationality status of the owners thereof. Hiring of Employees." The affidavit shall be executed by an authorized representative of the covered employer or owner,as the Suffolk County Lawful Hiring of Employees Law Form case may be;shall be part of any executed contract, LHE-2;entitled"Affidavit Of Compliance With The subcontract,license agreement,lease or other financial Requirements Of 8 U.S.C.Section 1324a With Respect To compensation agreement with the County;and shall be Lawful Hiring Of Employees" made available to the public upon request. 5. Gratuities All contractors and subcontractors(as defined)of covered employers,and the owners thereof,as the case may be,that It shall be the duty of the Contractor to read,become are assigned to perform work in connection with a County familiar with,and comply with the requirements of Chapter contract,subcontract,license agreement,lease or other 664 of the Suffolk County Code. financial compensation agreement issued by the County or awarding agency,where such compensation is one hundred The Contractor represents and warrants that it has not percent(100%)funded by the County,shall submit to the offered or given any gratuity to any official,employee or covered employer a completed sworn affidavit(under agent of the County or the State or of any political party, penalty of perjury),the form of which is attached, with the purpose or intent of securing an agreement or certifying that they have complied,in good faith,with the securing favorable treatment with respect to the awarding requirements of Title 8 of the United States Code Section or amending of an agreement or the making of any 1324a with respect to the hiring of covered employees and determinations with respect to the performance of an with respect to the alien and nationality status of the agreement. owners thereof,as the case may be. The affidavit shall be executed by an authorized representative of the contractor, 6. Prohibition Against Contracting with Corporations subcontractor,or owner,as the case may be;shall be part of that Reincorporate Overseas any executed contract,subcontract,license agreement,lease or other financial compensation agreement between the It shall be the duty of the Contractor to read,become covered employer and the County;and shall be made familiar with,and comply with the requirements of sections available to the public upon request. A4-13 and A4-14 of Article IV of the Suffolk County An updated affidavit shall be submitted by each such Code. employer,owner,contractor and subcontractor no later than January 1 of each year for the duration of any contract The Contractor represents that it is in compliance with and upon the renewal or amendment of the Contract,and sections A4-13 and A4-14 of Article IV of the Suffolk whenever a new contractor or subcontractor is hired under County Code. Such law provides that no contract for the terms of the Contract. consulting services or goods and services shall be awarded by the County to a business previously incorporated within The Contractor acknowledges that such filings are a the U.S.A.that has reincorporated outside the U.S.A. material,contractual and statutory duty and that the failure to file any such statement shall constitute a material breach 7. Child Sexual Abuse Reporting Policy of the Contract. Under the provisions of the Lawful Hiring of Employees It shall be the duty of the Contractor to read,become Law,the County shall have the authority to terminate the familiar with,and comply with the requirements of Article Contract for violations of this Law and to seek other II of Chapter 880 of the Suffolk County Code. remedies available under the law. 26 of 35 pages ARTICLE IV Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair 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 Such plan or policy must be submitted prior to the award of groups to identify appropriate performance indicators for a County contract,grant or funding. Receipt of such plan monthly evaluation of the contract agency's performance or policy by the County does not represent approval or measures. endorsement of any such plan or policy,nor shall the County be subject to any liability in connection with any 14. Suffolk County Local Laws Website Address such plan or policy. Suffolk County Local Laws,Rules and Regulations 11. Work Experience Participation can be accessed on the homepage of the Suffolk County Legislature. If the Contractor is a not-for-profit or governmental agency or institution,each of the Contractor's locations in the End of Text for Article IV County at which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum of 27 of 35 pages ARTICLE W • Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair Article V by the Suffolk County Department of Audit and General Fiscal Terms and Conditions Control. Documentation,including any other form(s)required by County or the Suffolk 1. General Payment Terms County Department of Audit and Control,shall be furnished to the County pursuant to,and as a. Presentation of Suffolk County Payment limited by,the Regulations for Accounting Voucher Procedures for Contract Agencies of the Suffolk County Department of Audit and Control. In In order for payment to be made by the County to addition to any other remedies that the County the Contractor for the Services,the Contractor may have,failure to supply the required shall prepare and present a Suffolk County documentation will disqualify the Contractor Payment Voucher,which shall be documented by from any further County contracts. sufficient,competent and evidential matter. Each c. Payment by County Suffolk County Payment Voucher submitted for payment is subject to Audit at any time during the Term or any extension thereof. This Payment by the County shall be made within provision shall survive expiration or termination thirty(30)days after approval of the Suffolk of this Contract for a period of not less than County Payment Voucher by the Comptroller. seven(7)years,and access to records shall be as set forth in paragraph 25 of Article III,and d. Budget Modification paragraph 4(b)of Article V. i.) The parties shall use the Contract b. Voucher Documentation Budget Modification Request form ("Budget Modification")for revisions The Suffolk County Payment Voucher shall list to the Budget and Services not all information regarding the Services and other involving an increase to the total cost items for which expenditures have been or will be of the Contract.If the Contractor is made in accordance with the Contract. Either seeking such a modification,the upon execution of the Contract(for the Services Contractor shall contact the already rendered and expenditures already made), Department to receive the form and or not more than thirty(30)days after the enter the required information. When expenditures were made,and in no event after the the County and the Contractor agree as 31s1 day of January following the end of each year to such revisions,the Contractor shall of the Contract,the Contractor shall furnish the sign the Budget Modification form and County with detailed documentation in support return it to the County for execution of the payment for the Services or expenditures along with any other documentation the under the Contract e.g.dates of the Service, Department may require. worksite locations,activities,hours worked,pay ii.) Such request must be made in advance rates and all program Budget categories. The Suffolk County Payment Voucher shall include of incurring any expenditure for which time records,certified by the Contractor as true the revision is needed. and accurate,of all personnel for whom expenditures are claimed during the period. iii.) Upon complete execution of the Budget Modification form,the County shall Time and attendance records of a project director, return a copy to the Contractor. The if any,shall be certified by the Chairperson, President or other designated member of the revision shall not be effective until the Board of Directors of the Contractor. All Suffolk Budget Modification is completely County Payment Vouchers must bear a signature executed. as that term is defined pursuant to New York State General Construction Law§46 by duly iv.) The Budget Modification form may be authorized persons,and certification of such submitted only twice per calendar year authorization with certified specimen signatures and may only �be submitted prior to thereon must be filed with the County by a November 15 of that year. Contractor official empowered to sign the Contract. Disbursements made by the Contractor e. Budget and/or Services Revisions in accordance with the Contract and submitted for reimbursement must be documented and must i.) The parties shall use the Contract comply with accounting procedures as set forth Budget/Services Revision Approval Form(Budget/Services Revisions)for 28 of 35 pages ARTICLE V • Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair revisions to the Budget and Services involving any change to the total cost ii.) determine future payments to the of the Contract due to a resolution of Contractor;and the Legislature,changes to the County's adopted annual budget,or for iii.) determine what amounts,if any,are any other reason necessitating revisions reimbursable to the County by the to the Budget or Services. Contractor and the terms and conditions under which such ii.) When the County and the Contractor agree as to such revisions,the reimbursement shall be paid. Department will enter the information c. The County may,during the Term,impose a into the Budget/Services Revisions Budget Deficiency Plan. In the event that a form and send it to the Contractor for Budget Deficiency Plan is imposed,the County signature.The Contractor shall return it shall promptly notify the Contractor in writing of to the County for execution along with the terms and conditions thereof,which shall be any other documentation the deemed incorporated in and made a part of the Department may require. Contract,and the Contractor shall implement iii.) Upon complete execution of the form those terms and conditions in no less than by the parties,the County shall return a fourteen(14)days. copy to the Contractor. The revision 3. Personnel Salaries,Pension and Employee Benefit shall not be effective until the Budget Plans,Rules and Procedures /Services Revisions is completely executed. a. Upon request,the Contractor shall submit to the f. Taxes County a current copy,certified by the Contractor as true and accurate,of its The charges payable to the Contractor under the Contract are exclusive of federal,state,and local i.) salary scale for all positions listed in taxes,the County being a municipality exempt the Budget; from payment of such taxes. ii.) personnel rules and procedures; g. Final Voucher iii.) pension plan and any other employee benefit plans or arrangements. The acceptance by the Contractor of payment of all billings made on the final approved Suffolk b. The Contractor shall not be entitled to County Payment Voucher shall operate as and reimbursement for costs under any pension or shall be a release of the County from all claims benefit plan the Comptroller deems commercially by the Contractor through the date of the unreasonable. Voucher. c. Notwithstanding anything in this paragraph 3 of 2. Subject to Appropriation of Funds this Article V,the County shall not be limited in requesting such additional financial information a. The Contract is subject to the amount of funds it deems reasonable. appropriated each fiscal year and any subsequent modifications thereof by the County Legislature 4. Accounting Procedures and no liability shall be incurred by the County beyond the amount of funds appropriated each a. The Contractor shall maintain accounts,books, fiscal year by the County Legislature for the records,documents,other evidence,and Services. accounting procedures and practices which sufficiently and properly reflect all direct and b. If the County fails to receive Federal or State indirect costs of any nature expended in the funds originally intended to pay for the Services, performance of the Contract,in accordance with or to reimburse the County,in whole or in part, generally accepted accounting principles and for payments made for the Services,the County with rules,regulations and financial directives,as shall have the sole and exclusive right to: may be promulgated by the Suffolk County Department of Audit and Control and the i.) determine how to pay for the Services; Department. The Contractor shall permit 29 of 35 pages ARTICLE V taw No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair inspection and audit of such accounts,books, 6. Financial Statements and Audit Requirements records,documents and other evidence by the Department and the Suffolk County Comptroller, , a. Notwithstanding any other reporting or or their representatives,as often as,in their certification requirements of Federal,State,or judgment,such inspection is deemed necessary. local authorities,the Contractor shall obtain the Such right of inspection and audit as set forth in services of an independent licensed public subparagraph b.below shall exist during the accountant or certified public accountant(the Term and for a period of seven(7)years after "Auditor")to audit its financial statements for expiration or termination of the Contract. each Contractor's"fiscal year"in which the Contractor has received,or will receive,three b. The Contractor shall retain all accounts,books, hundred thousand($300,000.00)dollars or more records,and other documents relevant to the from the County,whether under the Contract or Contract for seven(7)years after final payment is other agreements with the County,and shall made by the County. Federal,State,and/or submit a report to the County on the overall County auditors and any persons duly authorized financial condition and operations of the by the County shall have full access and the right Contractor,including a balance sheet and to examine any of said materials during said statement of income and expenses,attested by the period. Such access is granted notwithstanding Auditor as fairly and accurately reflecting the any exemption from disclosure that may be accounting records of the Contractor in claimed for those records which are subject to accordance with generally accepted accounting nondisclosure agreements,trade secrets and principles. The Contractor may solicit requests commercial information or financial information for proposals from a number of qualified that is privileged or confidential. accounting firms and review carefully the costs c. The Contractor shall utilize the accrual basis of of,and qualifications for,this type of work before accounting and will submit all financial reports selecting the Auditor. and claims based on this method of accounting b. The Auditor should be required to meet the during the Term. following minimum requirements: 5. Audit of Financial.Statements i.) a current license issued by the New York State a. All payments made under the Contract are Education Department; subject to audit by the Comptroller pursuant to ii.) sufficient auditing experience Article V of the Suffolk County Charter. The in the not-for-profit, Contractor further agrees that the Comptroller governmental or profit- and the Department shall have access to and the making areas,as applicable; right to examine,audit,excerpt,copy or and transcribe any pertinent transactions or other records relating to services under the Contract. If iii.) a satisfactory peer review such an audit discloses overpayments by the issued within not more than County to the Contractor,within thirty(30)days three(3)years prior to the after the issuance of an official audit report by the date when the Auditor was Comptroller or his duly designated selected to conduct the audit. representatives,the Contractor shall repay the c. The audit must be conducted in accordance with amount of such overpayment by check to the generally accepted governmental auditing order of the Suffolk County Treasurer or shall standards. Financial statements must clearly submit a proposed plan of repayment to the differentiate between County-funded programs Comptroller. If there is no response,or if and other programs that the Contractor may be satisfactory repayments are not made,the County operating. The use of subsidiary schedules may recoup overpayments from any amounts due should be encouraged for this purpose. The or becoming due to the Contractor from the Auditor must also prepare a Management Letter County under the Contract or otherwise. based on the audit. • b. The provisions of this paragraph shall survive the d. In the event the Contractor is a not-for-profit expiration or termination of the Contract for a organization or unit of local government and period of seven(7)years,and access to records expends five hundred thousand($500,000.00) shall be as set forth in paragraph 25 of Article III, dollars or more of Federal moneys,whether as a ' and paragraph 4(b)of Article V. recipient expending awards received directly from Federal awarding agencies,or as a 30 of 35 pages ARTICLE V r Law No. 17—AG IFMS No.0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair subrecipient expending Federal awards received unit for which the Contractor will seek from a pass-through entity,such as New York reimbursement from the County,the Contractor State or Suffolk County,during any fiscal year shall submit to the County a written request for within which it receives funding under the approval to make such a proposed purchase, Contract,the audit must be conducted,and the rental or lease,with a list showing the quantity audit report("Single Audit Report")must be,in and description of each item,its intended accordance with OMB Circular No.A-133 location and use,estimated unit price or cost,and (revised June 27,2003). Single Audit Reports estimated total cost of the proposed order. must also be submitted to the designated Written approval of the County shall be required clearinghouse,cognizant agency and/or pass- before the Contractor may proceed with such through entity,to the extent required by the OMB proposed purchase,rental or lease of furniture, Circular referred to above. fixtures or equipment. All items purchased must e. The Contractor must submit to the County a be new or like new unless specifically described otherwise in the Budget. statement in writing,certified by its chief financial officer,which states the amount of b. Purchase Practices/Proprietary Interest of Federal funding expended by the Contractor County during such fiscal year. The Contractor must mail or deliver the certified statement to the i.) The Contractor shall follow the general Department and to the Executive Director of practices that are designed to obtain Auditing Services,Suffolk County Department of furniture,fixtures,equipment, Audit and Control,H.Lee Dennison Building, materials,or supplies at the most 100 Veterans Memorial Highway,P.O.Box reasonable price or cost possible. 6100,Hauppauge,New York 11788-0099,as soon as possible after the end of the Contractor's ii.) The County reserves the right to fiscal year. The statement must include all purchase or obtain furniture,fixtures, Federal funding received directly from the equipment,materials,or supplies for Federal government and all Federal funds passed the Contractor in accordance with the through from the County and other pass-through programmatic needs of the Contract. If entities. the County exercises this right,the f. Copies of all financial statements,Management amount budgeted for the items so Letters,Single Audit Reports and other audit purchased or obtained by the County reports must be transmitted to the County and to for the Contractor shall not be available the Executive Director of Auditing Services at to the Contractor for any purpose the address set forth above. The reports must be whatsoever. Title to any such items submitted within thirty(30)days after completion purchased or otherwise obtained by the of the audit,but in no event later than nine(9) County for the programs encompassed months after the end of the Contractor's fiscal by the Contract and entrusted to the year,to which the audit relates. Contractor,shall remain in the County. g. These requirements do not preclude the County, iii.) The County shall retain a proprietary the Comptroller,or their authorized interest in all furniture,removable representatives,or Federal or State auditors from fixtures,equipment,materials,and auditing all records of the Contractor. Therefore, supplies purchased or obtained by the the records of the Contractor must be made Contractor and paid for or reimbursed available to authorized representatives of Federal, to the Contractor pursuant to the terms State and County government for that purpose. of the Contract or any prior agreement h. The provisions of this paragraph shall survive the between the parties. expiration or termination of the Contract. iv.) The Contractor shall attach labels 7. Furniture,Fixtures,Equipment,Materials,Supplies indicatingtresor the County's such proprietaryroproperty.interest or title in all property. a. Purchases,Rentals or Leases Requiring Prior c. County's Right to Take Title and Possession Approval Upon the termination or expiration of the Prior to placing any order to purchase,rent or Contract or any renewal thereof,the lease any furniture,fixtures,or equipment valued discontinuance of the business of the Contractor, in excess of one thousand dollars($1,000.00)per the failure of the Contractor to comply with the 31 of 35 pages ARTICLE V r Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair terms of the Contract,the bankruptcy of the supplies from any cause,the Contractor shall Contractor,an assignment for the benefit of its immediately send the County a detailed written creditors,or the failure of the Contractor to report thereon. satisfy any judgment against it within thirty(30) days of filing of the judgment,the County shall f. Disposition of Property in Contractor's have the right to take title to and possession of all Custody furniture,removable fixtures,equipment, materials,and supplies and the same shall Upon termination of the County's funding of any thereupon become the property of the County of the Services covered by the Contract,or at any without any claim for reimbursement on the part other time that the County may direct,the of the Contractor. Contractor shall make access available and render all necessary assistance for physical removal by d. Inventory Records,Controls and Reports the County or its designee of any or all furniture, removable fixtures,equipment,materials or The Contractor shall maintain proper and supplies in the Contractor's custody in which the accurate inventory records and controls for all County has a proprietary interest,in the same such furniture,removable fixtures and equipment condition as such property was received by the acquired pursuant to the Contract and all prior Contractor,reasonable wear and tear excepted. agreements between the parties,if any. Three(3) Any disposition,settlements or adjustments months before the expiration date of the Contract, connected with such property shall be in the Contractor shall make a physical count of all accordance with the rules and regulations of the items of furniture,removable fixtures and County and the State of New York. equipment in its custody,checking each item against the aforesaid inventory records. A report 8. Lease or Rental Agreements setting forth the results of such physical count shall be prepared by the Contractor on a form or If lease payments or rental costs are included in the Budget forms designated by the County,certified and as an item of expense reimbursable by the County,the signed by an authorized official of the Contractor shall promptly submit to the County,upon Contractor,and one(1)copy thereof shall be request,any lease or rental agreement. If during the Term, delivered to the County within five(5)days after the Contractor shall enter into a lease or rental agreement, the date set for the aforesaid physical count. or shall renew a lease or rental agreement,the Contractor Within five(5)days after the termination or shall,prior to the execution thereof,submit such lease or expiration date of the Contract,the Contractor rental agreement,to the County for approval. shall submit to the County six(6)copies of the same report updated to such date of the Contract, 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 equipment on the aforesaid expiration date,and submit a Statement of Other Contracts to the County. If the revised,if necessary,to include any inventory Contract is amended during the Term,or if the County changes during the last three(3)months of the exercises its option right,the Contractor shall submit a then 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 32 of 35 pages ARTICLE V r Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair County upon request,a schedule for all programs made until the Contractor submits documentation funded by the County,itemizing for each such in the manner and form as shall be required by program the sums received,their source and the State and/or Federal agency. If late submission total program budget. of claims precludes the County from claiming State or Federal reimbursement,such late claims d. Outside Funding for Non-County Funded by the Contractor shall not be paid by the County Activities subject to subparagraph g.below,if,for any reason,the full amount of such funding is not Notwithstanding the foregoing provisions of the made available to the County,the Contract may Contract,it is the intent of the County that the be terminated in whole or in part,or the amount terms and conditions of the Contract shall not payable to the Contractor may be reduced at the limit the Contractor from applying for and discretion of the County,provided that any such accepting outside grant awards or from providing termination or reduction shall not apply to additional educational activities/services which allowable costs incurred by the Contractor prior may result in the Contractor incurring additional to such termination or reduction,and provided costs,as long as the following conditions are met: that money has been appropriated for payment of such costs. i.) The County is not the Fund Source for g. Denial of Aid the additional services; ii.) Sufficient funding is available for or If a State or Federal government agency is can be generated by the Contractor to funding the Contract and fails to approve aid in reimbursement to the County for payments made cover the cost incurred by the • hereunder by the County to the Contractor for Contractor to provide these additional tres;and expenditures made during the Term because of servany act,omission or negligence on the part of the iii.) If sufficient funding is not available or Contractor,then the County may deduct and cannot be generated,the County shall withhold from any payment due to the Contractor not be held liable for any of the an amount equal to the reimbursement denied by additional costs incurred by the the state or federal government agency,and the Contractor in furnishing such County's obligation to the Contractor shall be additional services. reduced by any such amounts. In such an event, if there should be a balance due to the County iv.) Prior to scheduling any such additional after it has made a final payment to the services on County-owned property, Contractor under the Contract,on demand by the the Contractor shall obtain written County,the Contractor shall reimburse the County approval. The Contractor shall, County for the amount of the balance due the to the County's satisfaction,submit any County,payable to the Suffolk County Treasurer. documentation requested by the The provisions of this subparagraph shall survive Department reflecting the change,and the expiration or termination of the Contract. identify the additional services to be provided and the source of funding that h. Budget shall be utilized to cover the expenditures incurred by the Contractor The Contractor expressly represents and agrees in undertaking the additional services. that the Budget lists all revenue,expenditures, personnel,personnel costs and/or all other e. Potential Revenue relevant costs necessary to provide the Services. The Contractor shall actively seek and take i, Payment of Claims reasonable steps to secure all potential funding from grants and contracts with other agencies for Upon receipt of a Suffolk County Payment programs funded by the County. Voucher,the County,at its discretion,may pay the Contractor during the Term,in advance,an f. Payments Contingent upon State/Federal amount not to exceed one sixth(1/6)of the Funding maximum amount to be paid by the County set forth on the first page of the Contract. Payments under the Contract may be subject to and contingent upon continued funding by State j. Payments Limited to Actual Net Expenditures and/or Federal agencies. In the event payments are subject to such funding no payment shall be The Contractor agrees that if,for any reason 33 of 35 pages ARTICLE V r- taw No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/JKD1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair whatsoever,the Contractor shall spend during the incorporated by reference in,and be made part Term for the purposes set forth in the Contract an of,the Contract,provided,however,that subject amount less than,or receive amounts more than, to the availability of funding,approval for the provided in the Budget,the total cost of the hiring of replacement clerical shall be a Contract shall be reduced to the net amount of Contractor determination. actual Contractor expenditures made for such purposes. The total amount to be paid by the o. No Limitation On Rights County shall not exceed the lesser of(i)actual net expenditures or(ii)the total cost of the Notwithstanding anything in this Article V to the Contract on the cover page and in the Budget. contrary,the County shall have available to it all Upon termination or expiration of the Contract,if rights and remedies under the Contract and at law the Contractor's total amount of allowable and equity. expenses is less than the total amount of the payments made during the Term,the Contractor p. Comptroller's Rules and Regulations shall prepare a check payable to the Suffolk County Treasurer for the difference between the The Contractor shall comply with the two amounts and submit such payment to the "Comptroller's Rules and Regulations for County,along with the final Suffolk County Consultant's Agreements"as promulgated by the Payment Voucher. Department of Audit and Control of Suffolk County and any amendments thereto during the k. Travel,Conference,and Meeting Attendance: Term of the Contract. The"Comptroller's Rules SOP A-07 Amendment 1 and Regulations for Consultant's Agreements" and"SOP A-07 Amendment 1"may be viewed Reimbursement to the Contractor for travel costs online at the County's website, shall not exceed amounts allowed to County SuffolkCountyny.gov;go to"Government,"then employees.All conferences that are partially or "Comptroller,"then"Consultant's Agreements." fully funded by the County that the Contractor's staff wishes to attend must be pre-approved,in writing,by the County and must be in End of Text for Article V compliance with Suffolk County Standard Operating Procedure A-07 which may be viewed online at the County's website, SuffolkCountyny.gov;go to"Government,"then "Comptroller,"then"Consultant's Agreements." 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 34 of 35 pages ARTICLE V r Law No. 17—AG IFMS No. 0000000 Rev. 4/19/16 001-6777/J1D1-4980-95285 Line Item/Omnibus Grant—CSE Residential Repair Article VI Budget Town of Southold CSE Residential Repair Program April 1,2016 -March 31,2017 PERSONNEL $19,150 Mechanic I 19,150 FRINGE 1,333 OTHER 1,800 Gas& Oil 1,500 Supplies/Small tools 300 TOTAL $22,283 Less Anticipated Income (3,000) NET REIMBURSEMENT $19,283 35 of 35 pages ARTICLE VI