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HomeMy WebLinkAboutT - V Groton 2026pg. 1 Contract No: Village & Town Groton 2026 AGREEMENT AGREEMENT, made as of the first day of January 2026, by and between the COUNTY OF TOMPKINS, a municipal corporation of the State of New York with main offices in the Tompkins County Courthouse at 125 E. Court Street, Ithaca, New York, hereinafter referred to as “the County”, the VILLAGE OF GROTON, a municipal corporation of the State of New York with offices at 143 E. Cortland Street, Groton, New York, hereinafter referred to as “the Village” and the TOWN OF GROTON, a municipal corporation of the State of New York with offices at 101 Conger Boulevard, Groton, New York, hereinafter referred to as “the Town”. WITNESSETH: WHEREAS, the parties hereto wish to enter into an agreement to participate in the Tompkins County Youth Services Program, NOW, THEREFORE, in consideration of the promises, covenants, and agreements contained herein, the parties agree as follows: 1. The term of this agreement shall be from January 1 through December 31, 2026. 2. The Village and Town agree that the Village will be the primary fiscal agent for the Groton Youth Services and Recreation programs, which shall entail: ▪ making all program payments approved by the Town and Village, and ▪ billing the Town for Town’s local share of the Groton Youth Services Program. 3. Village and Town agree to designate and maintain an active youth planning group. 4. The Village shall operate the youth services program(s) as described in the approved application(s) on file at the County Youth Services Department in accordance with locally approved planning group guidelines. 5. Claim information may be submitted monthly or quarterly. Payments will be paid directly to the Village. In any event all claiming information shall be submitted within 30 days after the end of the calendar year. 6. The County’s reimbursement to the Village and Town will not exceed the sum of $34,394 as outlined in the approved program plan and budget on file with the Tompkins County Youth Services Department: • Groton Youth Services Program - $30,501, this amount will be reimbursed to the Village at 50% of properly documented, allowable expenditures. Cooperative Extension will submit expenditures to the County Youth Services Department, from which they will prepare claims on the Village’s behalf. pg. 2 • Recreation Services - $3,893, this amount will be reimbursed to the Village at 50% of properly documented, allowable expenditures. 7. It is understood that the Village will refund to the County any unused funds that have been paid in advance if a program does not operate or report as planned. 8. The Village agrees to provide all the necessary record keeping and monitoring to comply with the program reporting and claiming procedures of the County. 9. The Village agrees to submit all program reports required within 30 days after the end of the calendar year. 10. It is understood between the parties that any persons hired or contracted with by the Village and Town are not employees of the County. 11. Tompkins County encourages the payment of livable wages whenever practical and reasonable. 12. It is the responsibility of the municipality to execute any subcontracts with other providers authorized in the Program Plan and Budget and to provide the Tompkins County Youth Services Department with a copy. 13. No youth shall be denied access to any county-supported program because of race, creed, color, gender, sexual orientation, national origin, disability, or ability to pay. 14. The Village certifies to the County that the programs and services to be provided and described herein are accessible for the handicapped in accordance with the provisions of Section 504 of the Federal Rehabilitation Act of 1973. 15. The Village agrees that it will comply with federal, state, county and other applicable laws regarding work under municipal contracts, matters of employment, length of hours, Workers’ Compensation and human rights, which pertain to this agreement and the services to be provided. 16. REGULATORY COMPLIANCE. The Contractor agrees to comply with all Federal, State, and local laws and regulations governing the provision of goods and services under this Contract. To the extent that federal funds are provided to the Contractor under this contract, the Contractor agrees that it will comply with all applicable federal laws and regulations, including but not limited to those laws and regulations under which the Federal funds were authorized. Further, Contractor agrees to comply with the County’s Compliance Plan regarding Federal and State fraud and abuse laws; the Compliance Plan can be viewed at www.tompkins - co.org, or a copy can be obtained by contacting Tompkins County Department of Administration. pg. 3 Contractors that are providers of healthcare services certify that the Contractor, and all employees, directors, officers and subcontractors of the Contractor, are not “excluded individuals or entities” under Federal and/or New York State statutes, rules and regulations. If the Contractor provides healthcare services, the Contractor agrees to screen all employees, directors, officers and subcontractors on a monthly basis at the New York State Office of Medicaid Inspector General website, and any other websites related to the Excluded Parties List System required by Federal and/or New York State Medicare or Medicaid statutes, rules and regulations, to determine if any employee, director, officer, or subcontractor is on or has been added to the exclusion list. The Contractor shall promptly notify the County if any employee, director, officer or subcontractor is on or has been added to the exclusion list. The County reserves the right to immediately cancel this contract, at no penalty to the County, if any employee, director, officer or subcontractor is on or has been added to the exclusion list. By signing this contract, the Contractor attests to the fact that the Contractor and/or the provider have not been sanctioned nor excluded by any of the aforementioned entities. 17. The Town shall release, waive, indemnify, hold harmless, and defend the County and its officers, employees, agents and elected officials from and against any and all claims, demands, actions, causes of action, suits, or judgements, including but not limited to, losses, costs, expenses, penalties, or other damages or liability brought against the C ounty and its officers, employees, agents and elected officials for injury, illness, or death to any person or persons or damage to property arising out of the performance of this Agreement by the Town, its employees, subcontractors or agents with the exception of actions and claims arising out of the negligence of the County. The indemnification will survive the term of this Agreement whether it is terminated or expired. The Town shall maintain the minimum limits of insurance as outlined by this Agreement in Attachment A or as required by law, whichever is greater. pg. 4 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. DATED:_______________________ ____________________________ County of Tompkins Jessi Schmeiske Risk & Compliance Administrator DATED:______________________ ____________________________ Christopher Neville Mayor, Village of Groton DATED:_______________________ ____________________________ Crystal Young Supervisor, Town of Groton pg. 5 ATTACHMENT A: Contractor/Subcontractor shall indemnify, hold harmless and defend Tompkins County and its officers, employees, agents and elected officials from and against any and all claims and actions brought against Tompkins County and its officers, employees, agents and elected officials for injury or death to any person or persons or damage to property arising out of the performance of this agreement by the Contractor, its employees, subcontractors or agents except all actions and claims arising out of the negligence of Tompkins County. The Contractor/Subcontractor shall maintain the following minimum limits of insurance or as required by law, whichever is greater. A.) Workers’ Compensation and New York Disability Workers’ Compensation Statutory coverage complying with NYS Workers’ Compensation Law Section 57 General Municipal Law Section 125, Contractor must submit one of the following: CE-200 - Certification of Attestation of Exemption form NYS Workers’ Compensation and/or Disability Benefits Coverage available at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp, OR CE-105.2 - Certification of NYS Workers’ Compensation Insurance (U-26.3 f or State Insurance Fund version), OR SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self-Insurance Employers’ Liability $1,000,000 Disability Benefits Requirements Statutory coverage complying with NYS Workers’ Compensation Law Section 220 (8) under General Municipal Law Section 125, Contractor must submit one of the following: CE-200 - Certification of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage, OR DB120.1 - Certificate of Disability Benefits Insurance, OR DB155 - Certificate of Disability Self-Insurance NOTE: Proof of NYS Workers’ Compensation and NYS Disability Benefits must be provided on NYS forms as listed above (complete information available at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp or Bureau of Compliance at (866) 546- 9322). B.) Commercial General Liability (CGL) including, contractual, independent contractors, products/completed operations Each Occurrence $1,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 pg. 6 Damage to Rented Premises $50,000 Medical Expense $5,000 • Contractor/Subcontractor shall maintain coverage for itself and all additional insureds for the duration of the Agreement. • Policy may not contain any exclusions relating to NY Labor Law or municipal work. • It is expressly understood and agreed by the Contractor that the insurance requirements specified above, contemplate the use of occurrence liability forms. • Tompkins County and its officers, employees, agents and elected officials are to be included as Additional Insured’s on a primary and non-contributory basis. • If applicable, Contractor, owner, and all other parties required of the Contractor shall be included as Additional Insured included Completed Operations on the CGL, using ISO Additional Insured Endorsement CG2010 (11/85) or CG2010 (04/13) AND CG2037 (04/13) or CG2037 (04/13) AND CG2038 (04/13) or an endorsement providing equivalent coverage to the additional insureds. This insurance for the additional insureds shall be as broad as the coverage provided for the named insured Contactor/Subcontractor. It shall apply as Primary and non-contributing insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured. C.) Commercial Umbrella $1,000,000 • Policy may not contain any exclusions relating to NY Labor Law or municipal work. • Tompkins County and its officers, employees, agents and elected officials are to be included as Additional Insured’s on a primary and non-contributory basis. • Umbrella coverage must include as insureds all entities that are additional insureds on the CGL. • Umbrella coverage for such additional insureds shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured other than the CGL, Auto Liability and Employers Liability coverages maintained by the Contractor/Subcontractor. D.) Waiver of Subrogation Contractor/Subcontractor waives all rights against Tompkins County and its officers, employees, agents and elected officials for recovery of damages to the extent these damages are covered by commercial general liability, commercial umbrella liability, business auto liability or workers compensation and employers’ liability insurance maintained per requirements stated above. All insurance shall be written with insurance carriers licensed by the New York State and have an A.M. Best’s Key Rating no lower than “A-X”. Proof of liability insurance shall be provided on the Acord Certificate of Insurance, Acord 25 (03/2016), or insurance company certificate. Proof of Workers’ Compensation and NYS Disability shall be provided on forms as outline in A, above. All insurance policies and Certificates shall contain a provision that coverage afforded under the policies will not be canceled, allowed to expire, or materially changed (except for non- payments) until at least thirty (30) days prior written notice has been given to the County. All Certificates must be signed by a licensed agent or authorized representative of the insurance company. Certificates of Insurance shall be submitted with the RFP, bid, and/or signed agreement.