HomeMy WebLinkAboutSC Office for the Aging - AAA Transportation program RESOLUTION 2016-822
ADOPTED DOC ID: 12245
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-822 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 6, 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 the Town to receive funding under the AAA
Transportation Program, IFMS No. 00000007724 No. 001-6806-4980-95294, not to exceed
$8,016.00 for the period April 1, 2016 through March 31, 2017 (with one extension at the
County's option), subject to the approval of the Town Attorney.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Dinizio Jr, Ruland, Doherty;-Ghosio, Evans, Russell
LAA No. 17—AG—0(A0 IFMS No. 00000007724
rev. X3/4/16 001-6806-4980-95294
ine Item/Omnibus Grant—AAA Transportation
Contract
This Contract("the Contract") is between the County of Suffolk("the County"),a municipal corporation
of the State of New York,acting through its duly constituted Office for the Aging("the Department"), located at
100 Veterans Memorial Highway,P.O.Box 6100,Hauppauge,New York 11788-0099; and
Town of Southold ("Contractor"), a New York municipal corporation,having an address at 53095 Main
Road, P.O.Box 1179, Southold,New York 11971.
The Contractor has been designated to receive funds from the County for a AAA Transportation Program
("the Services") as set forth in Article I, entitled"Description of Services."
Term of the Contract: April 1,2016 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.
Service Levels: 1,200 Units of Transportation Service
105 Elderly Served
Total Cost of the Contract: Shall not exceed$8,016.00,to be paid as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I through VI,attached hereto and made a part hereof.
In Witness Whereof, the parties hereto have executed the Contract as of the latest date written below.
Town of Southo Countyof uffolk
By: By:
Scott A. Russell Dennis M. Cohen
Supervisor Chief Deputy County Executive
Fed. Taxpayer ID#: 11- 001939 Date `& Ao02
Date 4 A& !G
Approved:
SC04 A - PUSSl�f& hereby Department
ce ifies under penalties of perjury that I am an officer of By:
W r) Holly odes-Teague
that I have red and I am familiar with§A5-8 of Director, O Ice or the Aging
Article V of the Suffolk County Code,and that Date @'
LLin a SoLAO I d
meets all requirements to qualify for exemption ,
thereunder. r ,_Omme d:
Nam DJ
Michelle Belsky I
Approved as to Form: Food Service e i r
Dennis M.Brown Date
Suffolk County
By:
Niranjan G. Saa uram
Assistant Cou Atto ey 0 0 613
Date 9
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List of Articles
Page#
ArticleI .............................................................................................................................................................................5
Descriptionof Services..........................................................................................................................................................5
1. Conflicting Provisions ..........................................................................................................................5
2. Goals of the Program............................................................................................................................ 5
3. General Program Terms and Conditions............................................................................................... 5
4. Administration......................................................................................................................................5
5. Contractor's Staff.................................................................................................................................. 6
6. Coordination.........................................................................................................................................6
7. Targeting and Outreach.........................................................................................................................6
8. Equal Access......................................................................................................................................... 8
9. Reporting Requirements ....................................................................................................................... 9
10. Incident Reporting............................................................................................................................... 10
11. Confidentiality.................................................................................................................................... 10
12. Promotions and Advertisements......................................................................................................... 10
13. Contributions ...................................................................................................................................... 10
14. Participant Comments & Satisfaction Surveys................................................................................... 10
15. Monitoring.......................................................................................................................................... 11
16. Grievance Procedures .............................................:........................................................................... 11
ArticleIA ...........................................................................................................................................................................13
GrievanceProcedures.........................................................................................................................................................13
ArticleH .....................................................................:.....................................................................................................15
Definitions ...........................................................................................................................................................................15
1. Meanings of Terms............................................................................................................................. 15
2. Elements of Interpretation................................................................................................................... 16
ArticleIII ......................:....................................................................................................................................................17
GeneralTerms and Conditions..........................................................................................................................................17
1. Contractor Responsibilities................................................................................................................. 17
a. Duties and Obligations........................................................................................................................ 17
b. Qualifications,Licenses, and Professional Standards................................................................... 17
c. Notifications.................................................................................................................................. 17
d. Documentation of Professional Standards.................................................................................... 17
e. Credentialing.:............................................................................................................................... 17
f. Engineering Certificate...............................................................\................................................. 17
2. Termination......................................................................................................................................... 18
a. Thirty Days Termination............................................................................................................... 18
b. Event of Default; Termination on Notice..................................................................................... 18
c. Termination Notice....................................................................................................................... 18
d. Duties upon Termination.............................................................................................................. 18
3. Indemnification and Defense.............................................................................................................. 18
4. Insurance............................................................................................................................................. 18
5. Independent Contractor....................................................................................................................... 19
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6. Severability......................................................................................................................................... 19
7. Merger;No Oral Changes................................................................................................................... 19
8. Set-Off Rights..................................................................................................................................... 19
9. Non-Discrimination in Services.......................................................................................................... 19
10.Nonsectarian/Non Partisan Declaration..............................................................................................20
11. Governing Law...................................................................................................................................20
12.No Waiver...........................................................................................................................................20
13. Conflicts of Interest.......................................................................................:.....................................20
14. Cooperation on Claims .......................................................................................................................20
15. Confidentiality....................................................................................................................................20
16. Assignment and Subcontracting..........................................................................................................20
17. Changes to Contractor.........................................................................................................................21
18.No Intended Third Party Beneficiaries................................................................................................21
19. Certification as to Relationships.........................................................................................................22
20. Publications.........................................................................................................................................22
21. Copyrights and Patents........................................................................................................................22
a. Copyrights.....................................................................................................................................22
b. Patents...........................................................................................................................................22
22. Arrears to County................................................................................................................................22
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction........................................................................................................................................22
24. Certification Regarding Lobbying......................................................................................................23
25. Record Retention................................................................................................................................23
26. Contract Agency Performance Measures and Reporting Requirements-Local Law No. 41-2013...23
27.Notice..................................................................................................................................................23
ArticleIV ...........................................................................................................................................................................24
Suffolk County Legislative Requirements..........................................................................................................................24
1. Contractor's/Vendor's Public Disclosure Statement..........................................................................24
2. Living Wage Law................................................................................................................................24
3. Use of County Resources to Interfere with Collective Bargaining Activities ....................................24
4. Lawful Hiring of Employees Law.........................................................................................
5. Gratuities.............................................................................................................................................25
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas.............................25
7. Child Sexual Abuse Reporting Policy................................................................................................25
8. Non Responsible Bidder.............................................................................:.......................................26
9. Use of Funds in Prosecution of Civil Actions Prohibited...................................................................26
10. Youth Sports.......................................................................................................................................26
11. Work Experience Participation...........................................................................................................26
12. Safeguarding Personal Information of Minors....................................................................................26
13. Contract Agency Performance Measures and Reporting Requirements.............................................26
14. Suffolk County Local Laws Website Address....................................................................................26
ArticleV ...........................................................................................................................................................................27
GeneralFiscal Terms and Conditions...............................................................................................................................27
1. General Payment Terms......................................................................................................................27
a. Presentation of Suffolk County Payment Voucher.......................................................................27
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b. Voucher Documentation...............................................................................................................27
c. Payment by County.......................................................................................................................27
d. Budget Modification.....................................................................................................................27
e. Budget and/or Services Revisions.................................................................................................27
f. Taxes.............................................................................................................................................28
g. Final Voucher................................................................................................................................28
2. Subject to Appropriation of Funds.......................................................................................................28
3. Personnel Salaries,Pension and Employee Benefit Plans,Rules and Procedures..............................28
4. Accounting Procedures.......................................................................................................................28
5. Audit of Financial Statements.............................................................................................................29
6. Financial Statements and Audit Requirements...................................................................................29
7. Furniture, Fixtures,Equipment, Materials, Supplies..........................................................................30
a. Purchases, Rentals or Leases Requiring Prior Approval ..............................................................30
b. Purchase Practices/Proprietary Interest of County........................................................................30
c. County's Right to Take Title and Possession............................................................................... 30
d. Inventory Records, Controls and Reports.....................................................................................31
e. Protection of Property in Contractor's Custody............................................................................31
f. Disposition of Property in Contractor's Custody..........................................................................31
8. Lease or Rental Agreements...............................................................................................................31
9. Statement of Other Contracts..............................................................................................................31
10. Miscellaneous Fiscal Terms and Conditions ......................................................................................31
a. Limit of County's Obligations......................................................................................................31
b. Duplicate Payment from Other Sources........................................................................................ 31
c. Funding Identification...................................................................................................................31
d. Outside Funding for Non-County Funded Activities....................................................................32
e. Potential Revenue.........................................................................................................................32
f. Payments Contingent upon State/Federal Funding....................................................................... 32
g. Denial of Aid.................................................................................................................................32
h. Budget...........................................................................................................................................32
i. Payment of Claims........................................................................................................................32
j. Payments Limited to Actual Net Expenditures.............................................................................32
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 ....................................33
1. Salaries..........................................................................................................................................33
in. Salary Increases.............................................................................................................................33
n. Contractor Vacancies....................................................................................................................33
o. No Limitation On Rights ..............................................................................................................33
p. Comptroller's Rules and Regulations...........................................................................................33
ArticleVI ...........................................................................................................................................................................34,
FRINGE....................................................................................................................................................34
NETREIMBURSEMENT........................................................................................................................34
Budget
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Article I
Description of Services
Town of Southold
AAA Transportation Program
Whereas,the Contractor has been identified in the 2016 Suffolk County Adopted Budget under the funding as
listed on page one(1) of the Contract to perform the Services for the Department; and
Whereas,the AAA Transportation Program expands essential transportation activities for the elderly by
providing assistance in meeting the transportation operating expenses related to serving the elderly, as part of
the required supportive services of the IRC Nutrition Program for the Elderly or other such programs for the
elderly, that provide transportation services.
Whereas,the enhancement of transportation services is considered to be in the best interest of the County and
the elderly residents of Suffolk County, and ensures the best possible outcome.
Now therefore, in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto
agree as follows:
1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Goals of the Program
The Contractor shall provide the following transportation services:
The Contractor may provide transportation other than to and from the nutrition sites on an as needed basis.
This may include,but is not limited to,transportation to medical appointments,shopping,activities for
socialization and other such activities scheduled as part of the Contractor's regular transportation program
activities or by appointment. All transportation services shall be furnished using licensed drivers and
insured and inspected vans and automobiles.
3. General Program Terms and Conditions
In general,but without limitation,the Contractor shall be required to meet the criteria listed below:
a. Have, and maintain throughout the term of this Contract, an existing agreement to provide a
service or services for the elderly in Suffolk County.
b. Have an owned or contract vehicle available for the Services, either through purchase agreement
or lease agreement.
4. Administration
a. Overall administration of this program will be the responsibility of the Contractor. The
Contractor will insure proper implementation and direction of the services, act as liaison between
the Department and the actual service and insure accuracy and timeliness of submission of all
reporting forms and expenditures.
b. Program staff shall attend meetings and training as requested by the Department.
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5. Contractor's Staff
a. The Contractor agrees to employ adequate numbers of qualified staff and supervisory personnel
to meet all the specifications and responsibilities of the program in an orderly,punctual and
reliable manner and to assure the health, safety, and welfare of participants. A full-time
manager/supervisor will direct and coordinate the daily operations. All meetings and trainings
required by the County are to be attended by the appropriate staff. The Contractor will have on
file with the Department the procedures to be followed by workers and other staff in case of
emergency.
b. The County shall have the right to prior approval of the filling of any AAA Transportation
Coordinator and shall be advised by the Contractor of the duties and compensation of all personnel
assigned to the AAA Transportation Program.
C. The provisions of this paragraph five(5) are in addition to the provisions of Article V,paragraph
ten(10), subparagraph n.
6. Coordination
The Contractor must coordinate the delivery of services with other providers and organizations to
provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish
this,the Contractor will undertake activities such as,but not limited to,participation in inter-agency
meetings, coordination of referrals and follow-ups with other local service providers, entering into
agreements with other organizations for joint efforts and/or funding, centralized assessment and
maintaining up-to-date resource materials both within and outside the Contractor's organization.
7. Targeting and Outreach
a. The Contractor,to the extent it has discretion regarding to whom it will provide services,must
give preference to providing services to those unserved and underserved older adults in greatest
social or economic need,particularly those who are low income, low income minorities,older
adults with limited English proficiency,Native Americans, and frail/persons with disabilities and
older adults residing in rural areas in accordance with their need for such services, and to meet
specific objectives established by the Department for providing services to the above groups
within the PSA, (OAA §305 (a)(2)(E)). The term"greatest economic need"is defined as the
need resulting from an income at or below the poverty levels as established annually by the U.S.
Office of Management and Budget. The term "greatest social need" refers to the need caused by
non-economic factors which include physical and mental disabilities, language barriers and
cultural, social or geographical isolation including isolation caused by racial or ethnic status that
restricts an individual's ability to perform normal daily tasks or threatens the capacity of the
individual to live independently(OAA §102 (23 and 24)).
b. The Contractor agrees to concentrate the services on older adults in the targeted populations
identified by the Department following the methods the Department has established for
complying with the targeting requirements under the OAA and the Equal Access and Targeting
Policy issued by the New York State Office for the Aging. Consistent with the OAA and NYS
applicable regulations, including the following laws: the Older Americans Act(OAA), Title III of
the Code of Federal Regulations, 45 CFR 1321;the NYS Elder Law and relevant NYS
regulations (Title 9, Subtitle Y of the New York State Code of Rules and Regulations);the
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• Line Item/Omnibus Grant—AAA Transportation
Contractor's targeting goal is to substantially increase the numbers of older adults from targeted
population groups (minority, low-income,frail, vulnerable).
C. The following target groups have been identified as having the greatest economic and social
needs: minority, low income, frail and vulnerable.
i. Minority -persons of Black, Hispanic, Asian,Native American(American Indian),
Alaska Native,Native Hawaiian or Other Pacific Islander origins. Persons whose origins
are of Two.(2) or More Races or who are identified as being in a racial category different
from those above(other than white)may be included(see the Other Race or Two (2)or
More Races categories, defined below).
a) Black-refers to a person who has origins in any of the Black racial groups of
Africa. This includes, for example,persons who self-report as Black,African
American,Kenyan,Nigerian, Haitian or other applicable identification.
b) Hispanic (or Latino) -refers to a person of Cuban, Mexican, Puerto Rican, South
or Central American, or other Spanish culture or origin regardless of race.
Hispanic origin can be viewed as the heritage, nationality group, lineage, or
country of birth of the person or the person's parents or ancestors before their
arrival in the United States. People who identify their origin as Hispanic, Latino,
or Spanish may be any race.
c) Asian-refers to a person having origins in any of the original peoples of the Far
East, Southeast Asia, or the Indian subcontinent, including,but not limited to,'
Cambodia,China, India,Japan, Korea,Malaysia,Pakistan,the Philippine Islands,
Thailand, and Vietnam.
d) American Indian or Alaska Native-refers to a person having origins in any of the
original peoples of North and South America(including Central America) and
who maintains tribal affiliation or community attachment. This category includes
people who indicated their race(s)as "American Indian or Alaska Native"or
reported their enrolled or principal tribe, such as Navajo,Blackfeet,Inupiat,
Yup'ik, and/or Central American or South American Indian groups.
e) Native Hawaiian or Other Pacific Islander-refers to a person having origins in
any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
f) Other Race or Two (2) or More Races-this category includes persons who self-
identify as multiracial,mixed, interracial,or a racial category other than white,not
included in the descriptions above.
ii. Low—Income-Persons with incomes at or below one hundred and fifty percent(150%)
of the poverty level.
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,
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d) Instrumental activities of daily living(meal preparation,housekeeping, shopping,
medications,telephone,travel, and money management).
Disabled—Any person who has a physical or mental impairment which substantially
limits one or more major life activities,has a record of such impairment, or is regarded as
having such impairment. This includes alcoholism and drug addiction.
iv. Vulnerable—Persons with a deficit of social resources,those who are isolated socially,
linguistically or geographically, and/or those affected by other environmental conditions
including the following:
a) Language barriers; Limited English Proficiency-Individuals who do not speak
English as their primary language and who have a limited ability to read,write,
speak, or understand English may be limited English proficient, and may be
eligible to receive language assistance with respect to a particular type of service,
benefit, or encounter;
b) Rural residence;
C) Persons with disabilities;
d) Institutionalized or at risk of institutionalization;
e) Lesbian, gay, bisexual,transgender(LGBT) older adults;
f) Low literacy;
g) Older adult caregivers of children with developmental disabilities,mental illness,
or other disabilities requiring a caretaker(e.g.,traumatic brain injury);
h) Homebound; and,
i) Alzheimer's or other Dementia.
d. In order to comply with Targeting requirements, the Contractor must employ Outreach Strategies
which may include,but are not limited to, locating target populations using Census or other
resource data,translated printed materials, location of services in catchment areas for targeted
populations, publicity to community-based groups, and minority staff/volunteers.
8. Equal Access
a. The Contractor shall comply with requirements for equal access including language accessibility,
nondiscrimination and concentration of services on target populations.
b. The Contractor shall provide maximum accessibility to those older adults in greatest economic or
social need, and new sites shall be free from architectural barriers that limit participation of
disabled older individuals (NYS regulations,Title 9, Subtitle Y, §6652.2 (1)). Accessibility
requirements include provision of services and assistive devices(including assistive technology
services and devices) designed to meet the unique needs of older individuals who are disabled,
and of older individuals who provide uncompensated care to their adult children with disabilities.
Providers must ensure that communications with individuals with disabilities are as effective as
communications with others (ADA,28 CFR 35.160-35.164). For example, auxiliary aids and
services may include:
• For individuals who are deaf or hard of hearing: qualified interpreters, note takers,
computer-aided transcription services, written materials,telephone handset amplifiers,
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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.
C. Additionally, consistent with the Civil Rights Act of 1964, Title VI,the Title VI regulations,
federal Executive Order 13166, and the NYS Human Rights Law, all subcontractors are required
by law to take reasonable steps to provide meaningful access to limited English proficient
persons. All aging services providers are obligated to provide reasonable, timely, and
appropriate language assistance to the limited English proficiency(LEP)populations each serves.
Mandated Action:
The Contractor shall,at a minimum, maintain a telephonic interpretation service contract or
similar community arrangement with a language interpretation services provider of their choice no
later than ninety(90) days after the effective date of this contract. The Contractor's staff for this
program with public contact must be aware of,and trained in the timely and appropriate use of,
these language services. The Contractor shall also ensure that LEP persons are informed of the
availability of language assistance,free of charge, by providing written notice in languages LEP
persons will understand at service locations.
9. Reporting Requirements
a. Monthly Reports
Monthly reports must be submitted to the Department on a form prescribed by the Department.
Monthly reports are due to the Department by the eighth(8th) day of the month following the
month being reported. These reports shall contain, at a minimum,the following categories of
information:
i. Units of service: one (1)unit is equal to each(1) one-way trip per person.
ii. The number of individuals who have received transportation by the Contractor under this
Transportation Program Contract.
iii._ A monthly activity schedule showing the specific transportation services the Contractor
will make available to the congregate participants that require transportation.
iv. Mileage recordings.
b. Electronic Reporting
i. The Contractor shall maintain electronic records on all program participants using the
most currently approved form provided by the Department and compliant with State and
Federal reporting requirements. Data for all participants must be updated monthly.
ii. In order to comply with electronic reporting requirements,the Contractor must have
adequate computer equipment and software available to support the approved form.
iii. Transportation units and unduplicated number of persons served must be entered
electronically in SAMS 3 or in subsequent County approved computer systems. All
participant data must be entered completely by the twelfth(12th) of each month for the
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previous months' data.
10. Incident Reporting
The Contractor will report at least verbally to the Department,within twenty-four(24)hours any
incidents involving all instances of claims,costs,damages,and injuries to persons or property of whatsoever
kind arising out of services provided under this Contract. A written follow-up of such incidents shall be
sent to the Department within five(5)days of the occurrence. The Contractor further agrees to send the
Department copies of all"notices of claim"relating to the program covered in this Contract.
11. Confidentiality
a. The Contractor agrees that no personal information obtained from an individual in conjunction with
this program shall be disclosed in a form in which it is identified with the individual without such
individual's written consent to such disclosure,except to the Department.
b. In the case of a request by the Department for names and addresses of individuals participating in
the program,the Contractor shall furnish such information as requested. Failure to comply with
a request by the Department for such information shall be deemed a material breach of this
Contract and shall result in a freeze on all monies due and owing to the Contractor until
compliance by the Contractor.
12. Promotions and Advertisements
a. Any references to transportation services provided under this Contract must include due recognition to
New York State Office for the Aging. The Contractor must include the express acknowledgement as
follows:
"This service has been provided with financial assistance, in whole or in part through a grant
from the New York State Office for the Aging."
b. The provisions of this paragraph shall prevail over any conflicting provisions of Article III,
paragraph 20.
13. Contributions
The Contractor agrees to inform each recipient of the service of the opportunity to make a completely
voluntary and anonymous contribution toward the cost of the service. Service may not be denied,
however, if a person is unable or unwilling to make a contribution. The Contractor must maintain an
audit trail of all incoming contributions and make monthly reports of any contributions received.
Monthly contributions will be deducted from monthly expenditures to arrive at net reimbursement. All
contributions must be used to enhance services. All printed materials used for the program must include
the sources of funding for the program and must include the following information:
Contributions to this (these) service(s) are completely voluntary and anonymous. Services will
not be denied because of inability or unwillingness to contribute. Any contribution you wish to
make will be used to expand the program and will be greatly appreciated.
14. Participant Comments & Satisfaction Surveys
Pursuant to the NYS Office for the Aging Regulations Section 6654.8, the Contractor shall develop and
implement procedures to obtain the views of program participants about the services they receive.
Copies of records of such views shall be maintained for at least five(5)program years and shall be
available to the Department for inspection upon request. Such method shall respect the client's right to
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confidentiality.In any event, at the conclusion of the service,but not less often than annually,the
Contractor shall send each recipient an evaluation letter and survey in the form approved by the
Department, informing him/her of the sources of funding for the program and including the following
information:
Contributions are welcomed and are used to expand this service.
15. Monitoring
a. Program
The Contractor agrees to permit the Department's staff and staff of the New York State Office
for the Aging to review programmatic records at any time.
b. Fiscal
As required,the Department's fiscal staff may examine or review evidence regarding the existence,
time and classification of financial transactions,which are charged to the program for reimbursement.
To obtain this evidence,the fiscal staff will examine documentary evidence including financial
verification by actually observing or counting certain assets(e.g. case,food inventory,equipment and
supplies)to establish their physical existence.
16. Grievance Procedures
In accordance with §306 (a) (6) (P) of the Older Americans Act, as amended(OAA),the Department has
established a process for resolving complaints from older persons who are dissatisfied with or denied
services funded under Title III of the Act. The Contractor shall comply with the requirements of the
Grievance Procedures as set forth in Article IA.
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Law No. 17—AG IFMS No.00000007724
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- Line Item/Omnibus Grant—AAA Transportation
Contractor's Proposal &
Response for Equal Access & Targeting
AAA Transportation
End of Article I
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ARTICLE I
"a
Town of Southold
AAA Transportation Services Narrative
April 1, 2016 - March 31, 2017
Southold Town Senior Services currently provides both regular route and demand responsive
transportation services to senior residents of Southold Town. Given the rural nature of our area coupled with
the lack of other reliable, efficient and affordable transportation alternatives, seniors are often isolated and
unable to access services vital to their continued independence, health and well being.Southold Town Senior
Services is proposing to continue our current program'for demand responsive transportation services for both
medical escort assistance and other essential services. For the 4/1/16-3/31/17 program year Southold Town
Senior Services provided 963 one way passenger trips for essential medical and non- medical transportation
for senior consumers.We provide medical transportation throughout Suffolk County and do not restrict travel
within town boundaries. Given these factors, our current transportation services are maximized. At present,
appointments are scheduled months in advance and seniors new to the program often cannot access our
services readily as availability is limited to a first come first serve basis.We have also experienced an increased
demand for transportation to oncology, radiation and physical therapy appointments which are usually
concentrated over a long period of time. This funding will allow us to supplement our existing program by
allocating additional hours of service to enhance availability and reduce the advance scheduling requirements
that often limits access to many seniors who need more immediate and/or long term assistance. AAA
Transportation funding will be applied to cover a designated portion of our overall service.The Town Director
of Human Services will oversee implementation of the program and program staff will directly supervise
transportation staff.
Equal Access to Services and Targeting Plan
The population of aged 60+residents in Southold Town is approximately 32.23%according to 2010 census
data.Targeting and expanded outreach efforts will continue to be a major priority for the upcoming year. In
following guidelines set forth under the Older Americans Act, Southold Town Senior Services continues our
commitment to our goal of providing 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.
For the 2016-17 program year our unduplicated transportation service was delivered to 93 seniors which was
below the 110 projected. Our 963 one way passenger trips were also below our projections of 1,400 for the
year. For the 2016-17 program year,our goal is to provide 1,200 units of service to 105 unduplicated seniors.
Our percentage of minority seniors served was 1%which was below our targeting goal of 3.47%.
Southold Town Senior Services will ensure access for services to the four target groups which have the
greatest economic and social needs. These groups include minorities, low income, frail and vulnerable
persons aged 60 and older.Targeting groups for improved service will also include those with Limited English
Proficiency (LEP), lesbian, gay, bisexual, and transgender (LGBT) older adults. Ensuring equal access to
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 of FREE language
interpretation assistance by providing written notice in languages the LEP person will understand at service
locations. In addition, signs are posted at the entrance of our senior center that highlight the free service
available to all seniors.We will also provide information on the Town's website informing Southold residents,
community service organizations and local churches about the available language assistance.Access will also
be provided via the Southold Town Justice Court's comprehensive list of court interpreters available pursuant
to section 387 of the Judiciary Law.
We have increased visibility and expanded access to our services.In addition to our existing print outreach
activities of brochures,newspapers,senior center menus and activity calendars and we are featured in Eastern
Long Island Hospital's Seniors Options and Solutions Program newsletter that enjoys town wide distribution.
The website forthe Town of Southold www.southoldtownnV.gov is a great resource and all activities, program
announcements and updates are posted weekly. Important links for programs and services and related forms
can be easily accessed. Community Action for Southold Town's new Director, Linda Ruland, continues to
communicate with our staff on referrals involving individuals 60 years of age and older. Since CAST serves a
large minority component,this is an effective linkage.CAST also rotates through our community services room
at the center to improve service access to vulnerable seniors. Lastly, local physicians' offices have been
providing information on our service to seniors and have been referring them to our office or scheduling
appointments on their behalf.
Lynne Richards, Southold Town Disabilities and ADA Coordinator now has an office on site at the Senior
Center one day per week to provide advocacy to town residents with disabilities and their families. Seniors
f
with disabilities can access various services including ADA compliance questions/complaints and can receive
assistance in identifying and applying for services, including help with transportation assistance referrals to
our program or to SCAT.
In 2010 Southold Senior Services partnered with the North Fork Woman for Woman Fund in their
NYSOFA's Community Empowerment Aging in Place Grant Program to expand and enhance awareness of
available services to the lesbian community on the North Fork. In 2011, we initiated a working relationship
with the SAGE organization to increase a shared awareness of available activities and services to the LGBT
community and we continue to provide our senior community with their current information and outreach
events.
Additional outreach efforts include:
• Program highlighted in the Town-wide newsletter and quarterly recreation bulletin that is
mailed to all households and placed brochures about town, in pharmacies,medical offices,
&libraries.
• Featured in the Suffolk Times in articles, columns and editorials.
• Referrals from SAMS assessors for the homebound meals-on-wheels participants
V �
4 �
• Word of mouth from satisfied seniors.
• Church Bulletins.
• Featured on Southold Town Government Cablevision Channel 22.
• Announcements at the local senior meetings and monthly caregivers group.
• In contract with WLNG Radio to provide frequent and regular PSA's on senior programs
• Outreach efforts will include staffed informational tables at hamlet post offices and grocery
stores to reach more seniors
• Working with Southold Police Department in identifying and referring isolated, frail and
vulnerable seniors at risk to our services.
• Community speaking engagements to local-civic groups and community organizations.
r
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Law No. 17—AG IFMS No. 00000007724
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Article IA
Grievance Procedures
1. Purpose
In accordance with §306 (a) (6) (P) of the Older Americans Act, as amended(OAA),the Suffolk County
Office for the Aging has established a process for resolving complaints from older persons who are
dissatisfied with or denied services.
2. Notifying Participants of the Right to File a Grievance
a. The Contractor shall inform all participants in the program of the right to file a grievance. A
summary of the procedures, including a statement that assistance to file shall be provided to older
persons, must be prominently posted at service delivery sites or offices at which participants and
service applicants apply for services. Summaries must be in a format approved by the
Department and shall also be written in languages other than English where required to serve the
client/applicant population. Service participants shall be informed of the grievance procedures
through written and verbal statements provided to them upon assessment and/or reassessment for
services.
b. A participant or applicant who is denied services by the Contractor and the Department program
monitor must be given the reasons for the denial. For services for which written applications are
made,the denial shall be confirmed in writing and the applicant informed of the right to file a
grievance and to whom the grievance shall be addressed. For services which are applied for by
telephone or verbally, in person,the client may be told of the right to file a grievance verbally.
3. Grievance Process
a. Filing of grievances must follow the following process:
i. Participants must submit their grievances in writing to the Department's Program
Administrator.
ii. The grievance should be filed within thirty(3 0) days of denial,reduction or termination
of services, or of the event or circumstances with which the participant is dissatisfied.
The Department's Program Administrator may grant an extension for good cause shown.
iii. The grievance should be filed on the form approved by the Department,which shall
include a written statement setting forth in detail the date, time and circumstances that are
the basis of the complaint.
b. Investigation and Response to Grievance:
i. The designated reviewer who performs the initial review shall investigate the grievance,
including, as appropriate,meeting with the grievant and other persons involved in the
action(s) complained of or in the denial of services.
ii. The reviewer shall review all pertinent facts and/or documents,and shall determine whether
the agency action was made in accordance with lawful procedures (that is, consistent with
applicable OAA and or State laws, regulations and policies) and supported by the facts.
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ARTICLE IA
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iii. The designated reviewer shall prepare and send a written response to the grievant and to the
Department's Director within fifteen(15)days after the grievance is filed. The response shall
set forth the circumstances relating to the grievance,the action requested by the grievant,the
findings of the reviewer,a proposed remedial action,if any,and reason(s)for and facts relied
on in the determination.
C. Appeal of Initial Response/Decision
i. The grievant may initiate a request for subsequent review by the Department's Director
within twenty(20) calendar days following receipt of notification by the Program
Administrator of the decision.
ii. The Department's Director shall request copies of the initial file on the complaint in
question. The Department's Director will review the materials to ensure that pertinent
policies and procedures have been applied and followed. If appropriate,the Department's
Director or his/her designee will meet with the older person to allow the grievant an
opportunity to present information about the grievance.
iii. If the policies and procedures have been adhered to,the Department's Director will not
overturn the decision of the Program Administrator. If proper policies and procedures have not
been applied,the Department reserves the right to overturn the decision. The subsequent
review shall be completed within forty-five(45)days of receipt of the request by the older
individual and the grievant will be notified in writing of the result of the subsequent
review.
4. Record Keeping
The Department shall keep the records of the grievance and its handling for six (6) years following the
conclusion of the calendar year of the occurrence. The file shall contain, at a minimum, but not
limited to the initial grievance, any investigative reports; any written response submitted by the
Department or the service provider; any documents or other records submitted by any party; the
written Initial Response of the agency, and, if applicable, the notice to the grievant of the right to an
appeal.
5. Confidentiality
No information, documents or other records relating to a grievance shall be disclosed by program staff or
volunteers in a form that identifies the grievant without the written informed consent of the grievant,
unless the disclosure is required by court order or for program monitoring by authorized agencies.
End of Article IA
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required by the Contract with an insurer that has
designated the New York Superintendent of
Article H 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,
and County policies or directives;or
As used herein:
"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 f. the Contractor's failure to cooperate in an Audit
the financial statements of the Contractor resulting in the of Financial Statements;or
publication of an independent opinion on whether or not those
financial statements are relevant,accurate,complete,and fairly g, the Contractor's falsification of records or
presented. reports,misuse of funds,or malfeasance or
et"means the Contractor's summ or plan of all nonfeasance in financial record keeping arising
"Bud
g ar p out of,or in connection with,any contract with
intended revenue,whether received in the form of fees,grants, the County;or
County funding,or any other source,and expenditures necessary to
render the Services. h. the Contractor's failure to submit,or failure to
timely submit,documentation to obtain Federal
"Budget Deficiency Plan"means an analysis of the cost of the or State funds;or
Services,changes in fiscal conditions,and required modifications to
the Contract to continue to render the Services. i. the inability of the County or the Contractor to
obtain Federal or State funds due to any act or
"Comptroller"means the Comptroller of the County of Suffolk. omission of the Contractor;or
"Contract"means all terms and conditions of this Contract forming j, any condition that the County determines,in its
all rights and obligations of the Contractor and the County. sole discretion,is dangerous.
"Contractor"means the signatory corporation,its officers,officials, "Federal"means the United States government,its departments,and
employees,agents,servants,sub-contractors,and any successor or agencies.
assign of any one or more of the foregoing performing the Services.
"County"means the County of Suffolk,its departments,and "Fringe Benefits"means non-wage benefits which accompany,or
are in addition to,a person's salary,such as paid insurance,sick
agencies. leave,profit-sharing plans,paid holidays,and vacations.
"County Attorney"means the County Attorney of the County of "Fund Source"means any direct or indirect sum payable to the
Suffolk. Contractor by the County pursuant to any lawful obligation.
"Department"means the signatory department approving the "Legislature"means the Legislature of the County of Suffolk.
Contract.
"Management Letter"means a letter certified as true by the
"Engineering Services"means the definition of the practice of
Contractor's certified public accountant or chief financial officer of
engineering and the definition of practice of land surveying,as the findings and recommendations for improvements in internal fiscal
case may be,under Section 7201 and Section 7203 of the State control that were identified during an Audit of Financial Statements,
Education Law,respectively. but which were not required to be included in an audit report.
"Event of Default"means "Municipal Corporation"means a town,village,or school district.
a. the Contractor's failure to perform any duty "Services"means all that which the Contractor must do,and any part
required of it under paragraphs 1(b)-(e)of thereof arising out of,or in connection with,the Contract as
Article III of the Contract;or described in Article I"Description of Services."
b. the Contractor's failure to maintain the amount "State"means the State of New York.
and types of insurance with an authorized insurer
as required by the Contract;or "Statement of Other Contracts"means a complete list of all other
contracts under which money has been or will be paid to the
C. the Contractor's failure to maintain insurance Contractor from the County,Federal,or State governments,or a
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Municipal Corporation,and(i)which are currently in effect or(ii)
which have expired within the past twelve(12)months and have not
been renewed.
"Suffolk County Payment Voucher"means the document
authorized and required by the Comptroller for release of payment.
"Term"means the time period set forth on page one of the Contract
and,if exercised by the County,the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms,associations,
partnerships(including limited partnerships),trusts,corporations,
and other legal entities,including public bodies,as well as natural
persons,and shall include successors and assigns.
Capitalized terms used,but not otherwise defined,herein,shall have
the meanings assigned to them in the Contract.
End of Text for Article II
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Article III 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
complied with sub-paragraphs(b)and(c)above. The
ii.) The Contractor shall promptly take all 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.
e. Credentialing
iv.) Services provided under this Contract
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
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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
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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(4)(a)(i),(ii),and(iv). than those as to which it is held invalid or unenforceable,
shall not be affected thereby,and every other term and
C. All policies providing such coverage shall be provision of the Contract shall be valid and shall be
issued by insurance companies authorized to do business in enforced to the fullest extent permitted by law.
New York with an A.M.Best rating of A-or better.
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
g. In the event the Contractor shall fail to provide orientation,military status,or marital status
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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.
The determination as to whether or when a conflict may
race,creed,color,national origin,sex,age,disability,
sexual orientation,military status,or marital status,or have potentially exist shall ultimately be made by the County
Attorney after full disclosure is obtained.
the effect of substantially impairing the Contract with
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
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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
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County and the Contractor. No third party shall be deemed does riot 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
Any book,article,report,or other publication related to the its best efforts to ensure that its employees,consultants,
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
"This publication is fully or partially funded Contractor may not apply for or secure for itself patent
by the County of Suffolk." protection. The County reserves to itself,and the
Contractor hereby gives to the County,and to any other
person designated by the County,consent to produce or
21. Copyrights and Patents otherwise use any item so discovered and/or the right to
secure a patent for the discovery or invention. This
a. Copyrights paragraph shall survive any completion,expiration or
termination of this Contract.
Any and all materials generated by or on behalf of the
Contractor while performing the Services(including, 22. Arrears to County
without limitation,designs,images,video,reports,
analyses,manuals,films,tests,tutorials,and any other Contractor warrants that,except as may otherwise be
work product of any kind)and all intellectual property authorized by agreement,it is not in arrears to the County
rights relating thereto("Work Product")are and shall be upon any debt,contract,or any other lawful obligation,and
the sole property of the County. The Contractor hereby is not in default to the County as surety.
assigns to the County its entire right,title and interest,if
any,to all Work Product,and agrees to do all acts and 23. Lawful Hiring of Employees Law in Connection
execute all documents,and to use its best efforts to ensure with Contracts for Construction or Future
that its employees,consultants,subcontractors,vendors and Construction
agents do all acts and execute any documents,necessary to
vest ownership in the County of any and all Work Product. In the event that the Contract is subject to the Lawful
The Contractor may not secure copyright protection. The Hiring of Employees Law of the County of Suffolk,Suffolk
County reserves to itself,and the Contractor hereby gives County Code Article II of Chapter 353,as more fully set
to the County,and to any other person designated by the forth in the Article entitled"Suffolk County Legislative
County,consent to produce,reproduce,publish,translate, Requirements,"the Contractor shall maintain the
display or otherwise use the Work Product. This paragraph documentation mandated to be kept by this law on the
shall survive any completion,expiration or termination of construction site at all times. Employee sign-in sheets and
this Contract. register/log books,shall be kept on the construction site at
all times and all covered employees,as defined in the law,
The County shall be deemed to be the author of all the shall be required to sign such sign-in sheets/register/log
Work Product. The Contractor acknowledges that all Work books to indicate their presence on the construction site
Product shall constitute"work made for hire"under the during such working hours.
U.S.copyright laws. To the extent that any Work Product
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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.
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Required Forms:
Article IV
Suffolk County Legislative Requirements Suffolk County Living Wage Form LW-l;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 31 st 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 a7material,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
2. Living Wage Law agreement.
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-LO 1;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.
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This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk.It provides that all covered 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.
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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
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Article V by the Suffolk County Department of Audit and
General Fiscal Terms and Conditions Control. Documentation,including any other
form(s)required by County or the Suffolk
1. General Payment Terms County Department of Audit and Control,shall
be furnished to the County pursuant to,and as
a. Presentation of Suffolk County Payment limited by,the Regulations for Accounting
Voucher Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
In order for payment to be made by the County to addition to any other remedies that the County
the Contractor for the Services,the Contractor may have,failure to supply the required
shall prepare and present a Suffolk County documentation will disqualify the Contractor
Payment Voucher,which shall be documented by from any further County contracts.
sufficient,competent and evidential matter. Each
Suffolk County Payment Voucher submitted for C. Payment by County
payment is subject to Audit at any time during
the Term or any extension thereof. This Payment by the County shall be made within
provision shall survive expiration or termination thirty(30)days after approval of the Suffolk
of this Contract for a period of not less than County Payment Voucher by the Comptroller.
seven(7)years,and access to records shall be as
set forth in paragraph 25 of Article III,and d. Budget Modification
paragraph 4(b)of Article V.
i.) The parties shall use the Contract
b. Voucher Documentation Budget Modification Request form
("Budget Modification')for revisions
The Suffolk County Payment Voucher shall list to the Budget and Services not
all information regarding the Services and other involving an increase to the total cost
items for which expenditures have been or will be of the Contract.If the Contractor is
made in accordance with the Contract. Either seeking such a modification,the
upon execution of the Contract(for the Services Contractor shall contact the
already rendered and expenditures already made), Department to receive the form and
or not more than thirty(30)days after the enter the required information. When
expenditures were made,and in no event after the the County and the Contractor agree as
31St day of January following the end of each year to such revisions,the Contractor shall
of the Contract,the Contractor shall fumish the sign the Budget Modification form and
County with detailed documentation in support return it to the County for execution
of the payment for the Services or expenditures along with any other documentation the
under the Contract e.g.dates of the Service, Department may require.
worksite locations,activities,hours worked,pay
rates and all program Budget categories. The ii.) Such request must be made in advance
Suffolk County Payment Voucher shall include of incurring any expenditure for which
the revision is needed.
time records,certified by the Contractor as true
and accurate,of all personnel for whom
expenditures are claimed during the period. iii.) Upon complete execution of the Budget
Time and attendance records of a project director, Modification form,the County shall
if any,shall be certified by the Chairperson, return a copy to the Contractor. The
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 onlybesubmitted 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 FormBudg(Budget
/ Revision Approval
Form(Budget/Services Revisions)for
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revisions to the Budget and Services
involving any change to the total cost ii.) determine future payments to the
of the Contract due to a resolution of Contractor;and
the Legislature,changes to the
County's adopted annual budget,or for iii.) determine what amounts,if any,are
any other reason necessitating revisions reimbursable to the County by the
to the Budget or Services. Contractor and the terms and
conditions under which such
ii.) When the County and the Contractor reimbursement shall be paid.
agree as to such revisions,the
Department will enter the information C. The County may,during the Term,impose a
into the Budget/Services Revisions Budget Deficiency Plan. In the event that a
form and send it to the Contractor for Budget Deficiency Plan is imposed,the County
signature.The Contractor shall return it shall promptly notify the Contractor in writing of
to the County for execution along with the terms and conditions thereof,which shall be
any other documentation the deemed incorporated in and made a part of the
Department may require. Contract,and the Contractor shall implement
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
(a) The charges payable to the Contractor i.) salary scale for all positions listed in
under the Contract are exclusive of federal,state, the Budget;
and local taxes,the County being a municipality
exempt from payment of such taxes. ii.) personnel rules and procedures;
g. Final Voucher iii.) pension plan and any other employee
benefit plans or'arrangements.
The acceptance by the Contractor of payment of
all billings made on the final approved Suffolk b. The Contractor shall not be entitled to
County Payment Voucher shall operate as and reimbursement for costs under any pension or
shall be a release of the County from all claims benefit plan the Comptroller deems commercially
by the Contractor through the date of the unreasonable.
Voucher.
C. Notwithstanding anything in this paragraph 3 of
2. Subject to Appropriation of Funds this Article V,the County shall not be limited in
requesting such additional financial information
a. The Contract is subject to the amount of funds it deems reasonable.
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature 4. Accounting Procedures
and no liability shall be incurred by the County
beyond the amount of funds appropriated each a. The Contractor shall maintain accounts,books,
fiscal year by the County Legislature for the records,documents,other evidence,and
Services. accounting procedures and practices which
sufficiently and properly reflect all direct and
b. If the County fails to receive Federal or State indirect costs of any nature expended in the
funds originally intended to pay for the Services, performance of the Contract,in accordance with
or to reimburse the County,in whole or in part, generally accepted accounting principles and
for payments made for the Services,the County with rules,regulations and financial directives,as
shall have the sole and exclusive right to: may be promulgated by the Suffolk County
Department of Audit and Control and the
i.) determine how to pay for the Services; Department. The Contractor shall permit
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inspection and audit of such accounts,books, 6. Financial Statements and Audit Requirements
records,documents and other evidence by the
Department and the Suffolk County Comptroller, (b) 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 (c) b. The Auditor should be required to meet
during the Tenn. the 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) d. In the event the Contractor is a not-for-
expiration or termination of the Contract for a profit organization or unit of local government
period of seven(7)years,and access to records and expends five hundred thousand
shall be as set forth in paragraph 25 of Article III,
and paragraph 4(b)of Article V. ($500,000.00)dollars or more of Federal
moneys,whether as a recipient expending awards
received directly from Federal awarding agencies,
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or as a subrecipient expending Federal awards in excess of one thousand dollars($1,000.00)per
received from a pass-through entity,such as New unit for which the Contractor will seek
York State or Suffolk County,during any fiscal reimbursement from the County,the Contractor
year within which it receives funding under the shall submit to the County a written request for
Contract,the audit must be conducted,and the approval to make such a proposed purchase,
audit report("Single Audit Report")must be,in rental or lease,with a list showing the quantity
accordance with OMB Circular No.A-133 and description of each item,its intended
(revised June 27,2003). Single Audit Reports location and use,estimated unit price or cost,and
must also be submitted to the designated, estimated total cost of the proposed order.
clearinghouse,cognizant agency and/or pass- Written approval of the County shall be required
through entity,to the extent required by the OMB before the Contractor may proceed with such
Circular referred to above. proposed purchase,rental or lease of furniture,
(e) e. The Contractor must submit to the fixtures or equipment. All items purchased must
County a statement in writing,certified by its be new or like new unless specifically described
chief financial officer,which states the amount of otherwise in the Budget.
Federal funding expended by the Contractor b. Purchase Practices/Proprietary Interest of
during such fiscal year. The Contractor must County
mail or deliver the certified statement to the
Department and to the Executive Director of i.) The Contractor shall follow the general
Auditing Services,Suffolk County Department of practices that are designed to obtain
Audit and Control,H.Lee Dennison Building, furniture,fixtures,equipment,
100 Veterans Memorial Highway,P.O.Box materials,or supplies at the most
6100,Hauppauge,New York 11788-0099,as reasonable price or cost possible.
soon as possible after the end of the Contractor's
fiscal year. The statement must include all ii.) The County reserves the right to
Federal funding received directly from the
Federal government and all Federal funds passed purchase or obtain furniture,fixtures,
through from the County and other pass-through equipment,materials, supplies for
the Contractor in accordance
ance with the
entities, programmatic needs of the Contract. If
(f) f. Copies of all financial statements, the County exercises this right,the
Management Letters,Single Audit Reports and amount budgeted for the items so
other audit reports must be transmitted to the purchased or obtained by the County
County and to the Executive Director of Auditing for the Contractor shall not be available
Services at the address set forth above. The to the Contractor for any purpose
reports must be submitted within thirty(30)days whatsoever. Title to any such items
after completion of the audit,but in no event later purchased or otherwise obtained by the
than nine(9)months after the end of the County for the programs encompassed
Contractor's fiscal year,to which the audit by the Contract and entrusted to the
relates. Contractor,shall remain in the County.
(g) g. These requirements do not preclude the iii.) The County shall retain a proprietary
County,the Comptroller,or their authorized interest in all furniture,removable
representatives,or Federal or State auditors from fixtures,equipment,materials,and
auditing all records of the Contractor. Therefore, supplies purchased or obtained by the
the records of the Contractor must be made Contractor and paid for or reimbursed
available to authorized representatives of Federal, to the Contractor pursuant to the terms
State and County government for that purpose. of the Contract or any prior agreement
h. The provisions of this paragraph shall survive the between the parties.
expiration or termination of the Contract.
iv.) The Contractor shall attach labels
7. Furniture,Fixtures,Equipment,Materials,Supplies indicating the County's proprietary
interest or title in all such property.
a. Purchases,Rentals or Leases Requiring Prior C. County's Right to Take Title and Possession
Approval
Prior to placing any order to purchase,rent or Upon the termination or expiration of the
lease any furniture,fixtures,or equipment valued Contract or any renewal thereof,the
discontinuance of the business of the Contractor,
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Law No. 17—AG IFMS No. 00000007724
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Line Item/Omnibus Grant—AAA Transportation
the failure of the Contractor to comply with the furniture,fixtures,equipment,materials,or
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(3 0)
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 g. 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 Tenn,
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 Prior to the execution of the Contract,the Contractor shall
items of furniture,removable fixtures and submit a Statement of Other Contracts to the County. If the
equipment on the aforesaid expiration date,and
any inventory Contract is amended during the Term,or if the County
revised,if necessary,to include
changes during the last three months t the exercises its option right,the Contractor shall submit a then
current Statement of Other Contracts.
Term.
e. Protection of Property in Contractor's 10. Miscellaneous Fiscal Terms and Conditions
Custody
a. Limit of County's Obligations
The Contractor shall maintain vigilance and take
all reasonable precautions to protect the furniture, The maximum amount to be paid by the County
fixtures,equipment,material or supplies in its is set forth on the first page of the Contract.
custody against damage or loss by fire,burglary,
theft,disappearance,vandalism,or misuse.In the b. Duplicate Payment from Other Sources
event of burglary,theft,vandalism,or
disappearance of any item of furniture,fixtures, Payment by the County for the Services shall not
equipment,material or supplies,the Contractor duplicate payment received by the Contractor
shall immediately notify the police and make a from any other source.
record thereof,including a record of the results of
any investigation which may be made thereon. In C. Funding Identification
the event of loss of or damage to any item of
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The Contractor shall promptly submit to the are subject to such funding no payment shall be
County upon request,a schedule for all programs made until the Contractor submits documentation
funded by the County,itemizing for each such in the manner and form as shall be required by
program the sums received,their source and the State and/or Federal agency. If late submission
total program budget. of claims precludes the County from claiming
State or Federal reimbursement,such late claims
d. Outside Funding for Non-County Funded by the Contractor shall not be paid by the County
Activities subject to subparagraph g.below,if,for any
reason,the full amount of such funding is not
Notwithstanding the foregoing provisions of the made available to the County,the Contract may
Contract,it is the intent of the County that the be terminated in whole or in part,or the amount
terms and conditions of the Contract shall not payable to the Contractor may be reduced at the
limit the Contractor from applying for and discretion of the County,provided that any such
accepting outside grant awards or from providing termination or reduction shall not apply to
additional educational activities/services which allowable costs incurred by the Contractor prior
may result in the Contractor incurring additional to such termination or reduction,and provided
costs,as long as the following conditions are met: that money has been appropriated for payment of
such costs:
i.) The County is not the Fund Source for g. Denial of Aid
the additional services;
ii.) Sufficient funding is available for or If a State or Federal government agency is
can be generated by the Contractor to funding the Contract and fails to approve aid in
cover the cost incurred by the reimbursement to the County for payments made
Contractor to provide these additional hereunder by the County to the Contractor for
expenditures made during the Term because of
services;and any act,omission or negligence on the part of the
iii.) If sufficient funding is not available or Contractor,then the County may deduct and
cannot be generated,the County shall withhold from any payment due to the Contractor
not be held liable for any of the an amount equal to the reimbursement denied by
additional costs incurred by the the state or federal government agency,and the
Contractor in furnishing such County's obligation to the Contractor shall be
additional services. reduced by any such amounts. In such an event,
if there should be a balance due to the County
iv.) Prior to scheduling any such additional after it has made a final payment to the
services on County-owned property, Contractor under the Contract,on demand by the
the Contractor shall obtain written County,the Contractor shall reimburse the
County approval. The Contractor shall, County for the amount of the balance due the
to the County's satisfaction,submit any County,payable to the Suffolk County Treasurer.
documentation requested by the The provisions of this subparagraph shall survive
Department reflecting the change,and the expiration or termination of the Contract.
identify the additional services to be
provided and the source of funding that h. Budget
shall be utilized to cover the
expenditures incurred by the Contractor The Contractor expressly represents and agrees
in undertaking the additional services. that the Budget lists all revenue,expenditures,
personnel,personnel costs and/or all other
e. Potential Revenue relevant costs necessary to provide the Services.
The Contractor shall actively seek and take i. Payment of Claims
reasonable steps to secure all potential funding
from grants and contracts with other agencies for Upon receipt of a Suffolk County Payment
programs funded by the County. Voucher,the County,at its discretion,may pay
the Contractor during the Term,in advance,an
E Payments Contingent upon State/Federal amount not to exceed one sixth(1/6)of the
Funding maximum amount to be paid by the County set
forth on the first page of the Contract.
Payments under the Contract may be subject to
and contingent upon continued funding by State j, Payments Limited to Actual Net Expenditures
and/or Federal agencies. In the event payments
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The Contractor agrees that if,for any reason filling of vacancies which shall be deemed to be
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,
f 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."
1. Salaries
The Contractor shall not be eligible to receive
any salary reimbursement until proof of deposit
or payment of all withholding and payroll taxes
to the Federal/State governments has been
provided to the County.
In. Salary Increases
No salary,wage,or other compensation for the
Services shall be increased over the amount
stated in the Budget without the prior written
approval of the County.
n. Contractor Vacancies
The County shall have the right of prior approval
of the Contractor's filling of any vacant position
as of the date of execution of the Contract or as
may thereafter become vacant,and,in the
exercise of that right.The County may
promulgate reasonable regulations involving
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ARTICLE V
µLaw No. 17—AG IFMS No. 00000007724
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Article VI
Budget
Town of Southold
AAA Transportation Program
April 1,2016—March 31,2017
PERSONNEL $8,447
Driver 8,447
FRINGE 569
Less Participant Income 11000
NET REIMBURSEMENT 016
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ARTICLE VI