HomeMy WebLinkAboutCounty of Suffolk Dept. for the Aging - Brief Respite Program COUNTY OF SUFFOLK �l
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PATRICK G. I"IALPIN j0o r
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SUFFOLK COUNTY EXECUTIVE �
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DEPARTMENT FOR THE AGING JOSEPH A. RI IV16IT9
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rOi�lN OF°RS OFF- !'E
October 30, 1989 S0 H000 1
Hon. Francis J. Murphy., Supervisor
Town of Southold
53095 Main Road
Southold, New York 1197-1--1682
Dear Supervisor Murphy:
I am attaching for your files, a fully executed copy of the agreement
between the Suffolk County DeparbTent for the Aging and the Tann of
Southold for a Brief Respite Program.
If you have any questions concerning this agreement, please feel free
to call.
Sincerely,
Joseph A. Clemente
Commissioner
JAC/kb
Attachment
cc: Marsha Ross Meyers, NYSDSS
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65 JETSON LANE CENTRAL ISLIP. NEW YORK 1 1 722-1 298 (516)348-5313
Brief Respite
Agreement #: 01-6780-498-49-00009
AGREEMENT
THIS AGREEMENT, is between the COUNTY OF SUFFOLK ("County") ,
a municipal corporation of the State of New York, having its
principal office at the County Center, Riverhead, New York
11901, acting through its duly constituted Department for the
Aging, located at 65 Jetson Lane, Central Islip, New York
11722-1298 ("Department") and,
Town of Southold ("Contractor") having its principal office at
Southold Town Hall, 53095 Main Road, Southold, New York 11971.
The parties hereto desire to make available to the County of
Suffolk a Senior Citizens program and sufficient funding exists
in the 1989 Suffolk County Operating Budget.
TERM OF AGREEMENT: Shall be July 1� 1989 through March 31,
1990 .
TOTAL COST OF AGREEMENT: Shall not exceed $9, 575 . 00 .
TERMS AND CONDITIONS: Shall be set forth in EXHIBIT "A"
attached.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the latest date written below.
t '
TOWN OF SOUTHOLD COUNTY OF SUFFOLK
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b Fis J. Murphy b :
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Deputy Co ty Executive
Date: October 10, 1989Date• /D
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APPROVED AS TO FORM DEPARTMENT FOR THE AGING
NOT REVIEWED AS TO EXECUTION:
E.THOMAS BOYLE
COUNTY ATTORNEY
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Ab :-Robertson Hatch phq Clemente
Assistant County Attorney issioner
Date: 1 ►� " Date:
EXHIBIT "A" ti
WHEREAS, The Suffolk County Department for the Aging seeks
the development of an Brief Respite Care System for older
persons and their caregivers county-wide; and
WHEREAS, the County desires to contract with the contractor
for the furnishing of such services as set forth in Attachment
and the Contractor has agreed to render and to perform such
services to the residents of the County of Suffolk to the extent
indicated herein,,, and as set forth under the terms and
conditions hereinafter provided, now, therefore,
IT IS MUTUALLY AGREED BETWEEN THE PARTIES, as follows:
1. TERM OF AGREEMENT:
This Agreement shall cover the period provided 'on the first
page thereof, unless sooner terminated as provided below.
2. SERVICES TO BE PERFORMED:
The Contractor shall perform the services described in
Attachment "1" , which is attached to and made part of this
Agreement.
3 . COUNTY SUPERVISION:
It is agreed that the nature and extent of the services
provided pursuant to this Agreement shall be subject to the
general supervision of the Department for the Aging. The
Contractor further agrees to conduct the services
C
in a skillful manner and to the best of its ability and agrees
to comply fully with the rules, regulations, criteria, and
guidelines for expenditure controls heretofore adopted or to be
adopted by the County, New York State and the Federal government
Pursuant to law.
4 . CERTIFICATE OF INCORPORATION:
In the case of a not-for-profit corporation, the Contractor
agrees to provide the County with a certified copy of
Contractor's certificate of incorporation and bylaws.
5 . NONDISCRIMINATION:
No participant assigned to the Contractor will be
discriminated against in its administration of the program on
the grounds of race, creed, color, handicap, national origin,
sex, age, political affiliation, martial status or beliefs .
6. COST AND TOTAL AMOUNT OF AGREEMENT:
The Contractor expressly represents and agrees that the
total cost of the Agreement to the County for the term of the
Agreement shall not exceed the amount appearing on the first
page of this Agreement and shall be in accordance with the
budget which is contained in Attachment "2" , which is attached
to and made a part of this Agreement .
AG-126b1 (12/$8) Page 3
7. BUDGET & METHOD OF PAYMENT:
The County shall pay the Contractor monthly for services
Provided and costs incurred pursuant to this Agreement on
receipt of monthly claims, accompanied by appropriate reports
and documentation providing acceptable evidence in support of
said services and costs, in such form as prescribed by the
County and after audit and approval by the County. Payments
shall be reimbursements only of actual cash expenditures made
prior to the date of claim submission. No claims shall be
payable until the Contractor complies with all the requirements
in this Agreement that should have been complied with on or
before submission of such claims . All claims and forms must be
signed in ink by duly authorized persons and certification of
such authorization with certified specimen signatures thereon
must be filed with the County by a person official empowered to
sign this contract. Any changes of the budget, including total
amount or its component line items, shall require a written
modification to this Agreement approved by the parties hereto.
The Contractor agrees that its expenditure shall conform to
applicable provisions of law and customary prevailing
governmental practices and standards . If the funds provided
under this Agreement are subject to reimbursement in whole, or
in part, by federal or state agencies, the County will not
reimburse the Contractor for any expenditures that are not
allowed reimbursement to the County by federal or New York State
agencies . The amount to be paid by the County as set forth
An-126`4 (12/88)
• Page 4
herein shall constitute the full
obligation of the County
connection with
this Agreement and any matter arisi
therefrom. If the
program of the Contractor which is t
subject of this Agreement is funded in w
contracts with hole or in part
other governmental a
_ gencies, it is agreed 't$,
the funds of the County under this Agreement shall
to the Count be refund
Y to the extent that the local funding from all suc
sources exceeds the total expenditures of the Contractor.
The County agrees to pay the Contractor monthly for
costs up to the maximum a9 reed amount incurred actua
Agreement Pursuant to thi
upon receipt of monthly claims, in such form a
prescribed by the County, subject to any adjustments an audit b
authorized personnel of the County, New York State
or Fedora
Government may show.
' It is agreed that all monthly claims for payment are to bE
submitted within ten (10) days after the close of t.n
which the expenditure was e month it
made, with thee--v
CePtion of the final
reimbursement period, for which
the claim shall be filed on or
before the last day of the month - following the term of
the
Agreement .
ace 5
Final Vpu hP,. '
Prior to the payment of reimbursement for actual
expenses
the last month of the Term of the Agreement or upon termthe toinati
of
on
Of the Agreement, a determination shall be made as to he to
amount of the advances total
(initial advancement plus reimbursements
net of recoupments of advancement) made during the term of
Agreement and the tthis
total amount of the allowable expenditures
(net of Program income or other deductions
same ) incurred during the
period. The determination shall result in one of the
following:
1) If the Contractor's total net expenses are greater t
han
the total amount of the advances made during the term of the
the
Agreement, the claim form will be
Processed for the balance due
the Contractor.
2) If the Contractor' s total net expenses are less
the total amount of the advances made duringthan
the term of this
Agreement, the Contractor shall
prepare a check payable to
Suffolk County for the difference between the two amoun
include such is and
payment with the claim voucher submitted
County. to the
AC;-126M (12/U) Page 7
J
8• REPORTING REQUIREMENTS & BOOKS & RECORDS OF ACCOUNTING:
The Contractor agrees that it shall keep and maintain
separate books of account and records concerning all costs
incurred by the Contractor in the
. performance of this Agreement
and all income relating to the program funded under this
Agreement and that it hereby consents to audit and inspection by
the County, New York State and Federal government of all
facilities, books and other financial and statistical data,
whether related to this Agreement or otherwise. Such books of
account and records shall be maintained for a period of six (6)
years from the date of termination or expiration of this
Agreement. Specific records shall be kept as to the hours at
the site of all personnel.
The Contractor shall comply, for the program funded under
this Agreement, with the "Regulations for Accounting Procedures
for Contractor Agencies, " promulgated by the Department of Audit
and Control of Suffolk County, and any amendments during the
Term of this Agreement.
9 . REPORTS:
The Contractor shall make copies and submit reports as
reasonably requested b the Count
q Y Y• Such reports shall include
but not be limited to activities, progress and accomplishments
regarding the program.
Two (2) months subsequent to the expiration of the term of
this, Agreement, the Contractor shall submit two (2) copies of
final report a
P summarizing the conduct of the program hereunder
Ar;-126M (12/88)
Page 8
for use by appropriate Count
. P Y. State or Federal officials,
together with a final request for payment of all approved
PP ed
expenditures then remaining unpaid.
10. VOUCHERS:
Monthly vouchers shall be submitted directly to the Suffolk
County Department for the Aging located at 65 Jetson Lane,
Central Islip, New York, 11722.
11. ASSIGNMENT:
The Contractor agrees not to assign, transfer, convey,
sublet or otherwise dispose of this Agreement, or any of its
right, title or interest therein, or its power to execute this
Agreement, or assign all or any portion of the monies that may
be due or become due thereunder, to any other person or
corporation, without the prior consent in writing of the' County.
12. INDEPENDENT CONTRACTOR:
It is expressly agreed that the Contractor ' s status
hereunder is that of an independent contractor. Neither the
Contractor nor any person hired by the Contractor shall be
considered employees of the County for any purpose.
13 . INSURANCES AND INDEMNIFICATION CLAUSES:
The Contractor agrees to procure, pay the entire
premium for and maintain throughout the term of this Agreement
insurance in amounts and types specified by the County. Unless
otherwise specified by the County and agreed to by the
Contractor , in writing, such insurance will be as follows :
Comprehensive General Liability insurance, including
contractual coverage, in an amount not less than one
Million Dollars ($1, 000 , 000 . 00) combined single limit
fo; bodily injury and property damage per occurrence.
AG-126M (12/88)
Page 9 • .
Automobile Liability insurance
(if any vehicles are to
be used in performing services under this Agreement)
in an amount not less than Three Hundred Thousand
Dollars ($300, 000. 00) combined single limit for bodily
injury and property damage per occurrence.
Workers ' Compensation and Employer' s Liability
insurance in Compliance with all applicable New York
State laws and regulations.
Fidelity Bonds providing comprehensive coverage, in an
amount not less than the greater of (i) Five Thousand
Dollars ($5, 000) or (ii) the amount of the advancement
to the Contractor under this Agreement, against
dishonesty, disappearance and destruction of money and
securities for all personnel who have access to or
sign checks, or have care, custody or control of funds
or property entrusted to the Contractor under the
terms of the Agreement.
All policies providing such coverage shall be issued by
insurance companies acceptable to the County.
The Contractor shall furnish to the County certificates of
or, on request, original policies, evidencing compliance with
the aforesaid insurance requirements . In the case of general
liability insurance and of automobile liability insurance
(if
any) , such certificates shall name the County of Suffolk as an
AG-126M (12/88)
Page 10
w
additional in and shall provide for the County of Suffolk
to be notified in writing thirty (30) days prior to any cancel-
lation, non-renewal or material change. Such certificates, pol-
icies and notices shall be mailed to the Department at the ad-
dress at the head of this Agreement.
Furthermore, the Contractor shall indemnify and hold
harmless the County, its consultant (if any) , employees, agents
and other persons from and against all losses, claims, costs, •
judgments, liens, encumbrances and expenses, including attor-
ney' s fees, by reason of liability imposed by law for damage
because of bodily injury, including death at any time resulting
therefrom, sustained by any person or persons, or on account of
damage to property, arising out of this Agreement or out of the
acts or omissions or negligence of the Contractor, its agents,
employees or subcontractors or of other persons, in connection
with the services described or referred to in this Agreement,
even if such injuries to persons or damage to property are due,
or are claimed to be due, to passive negligence of the County,
its employees, agents or subcontractors or other persons, ex-
cept only in cases of the County' s sole active negligence.
14 . COST REDUCTION:
The Contractor agrees that where a minimum level of
service is not provided as set forth in Attachment "1" the Coun-
ty may require a reduction of Contractor staff and other cost
factors or may terminate this Agreement after giving sufficient
notice in accordance with paragraph 16 .
AG-126M (12/88) Page 11
{
15. PUBLICATIONS:
The Contractor shall not issue or publish any book,
article, announcement , report or other publication relating to
the subject program without prior written permission from the
County. Any such publication shall bear a statement
acknowledging the cooperation and/or funding by the County of
Suffolk - Patrick G. Halpin, County Executive.
16. TERMINATION RIGHTS:
If the Contractor fails to fulfill in timely and proper
manner its obligations herein, or if the County shall deem it in
its best interest to terminate this Agreement, or its obligation
with respect to any identifiable part of this program, it shall
have the right to do so by giving ten (10) days prior written
notice by registered or certified mail, to the Contractor, of
such cancellation. The Contractor may terminate this Agreement,
at its option, by giving sixty (60) days prior written notice to
the County by registered or certified mail.
17. AMENDMENT:
All amendments must be in writing, duly signed by both
parties and be annexed to this Agreement.
18• LOCAL LAW #32-1980 :
The Contractor represents and warrants that it has not
offered or given any gratuity to an official, employee or agent
Of Suffolk County, New York State or of any political party with
the purpose or intent of securing favorable treatment with
respect to the awarding or amending of an agreement, or the
AC;-126,11 (12/88) Page 12
•='• . making of any determinations with respect to the performance of
an agreement, and that the signer has read and is familiar with
the provisions of Local Law #32-1980 of Suffolk County.
(Chapter 386 of Suffolk County code. )
19 • REQUIREMENTS FOR FINANCIAL MANAGEMENT AND AUDIT:
Subparagraph A applies to not-for-profit organizations, and
subparagraph Al applies to towns or other government entities.
A. The Contractor agrees that it will comply with the
applicable provisions of Federal Office of Management and Budget
Circular A-110, and more specifically with Amendment F thereof,
outlining financial management system and audit requirements .
Audits shall be conducted not less frequently than annually, and
shall be in compliance with the standards for audit set forth in
paragraph 2h of Attachment F of OMB Circular A-110. Requests
for audit proposals and selection ., of auditor shall be subject to
the approval of the County Comptroller.
Al. The Town agrees that it will comply with the applicable
provisions of Federal Office of Management and Budget Circular
A-128, audits of state and local governments. In accordance
with this Circular, audits are to be conducted annually and
shall be in compliance with the standards for audit set forth in
paragraph 6 of OMB Circular A-128 . Requests for audit proposals
and selection of auditor shall be subject to the approval of the
County Comptroller.
B. A copy of the audit report required in subparagraph
A/A1 above, shall be forwarded to the County Comptrollerg for
ph
review.
AG-126ti1 (12/88)
Page 13
e
The report -shall be accompanied by a detailed written response
to audit findings and recommendations by the Contractor,
outlining the plan of corrective action and timetable it intends
to follow to correct audit deficiencies and to implement audit
recommendations .
C. The report of audit and the response thereto, are due in
the Office of the County Comptroller not later than 6 months
following the Contractor's year end, unless the County
Comptroller shall have approved an extension of time.
D. These requirements do not preclude the County
Comptroller or his authorized representative from auditing the
records of the Contractor. The records of the Contractor shall
be made available to the County Comptroller or his authorized
representative for this purpose (in the case of towns or other
government entities, only as they relate to this Agreement. )
20 . PROGRAM DEPENDENT UPON STATE AND FEDERAL FUNDING:
The funds to be furnished by the County under this
Agreement are principally State and Federal funds. If at any
time, the State or Federal government shall reduce support of
this program the Count may terminate this contract b
Y Y Y giving
such notice to the Contractor as is given to the County by the
State or Federal Government.
21• FURNITURE, EQUIPMENT OR FIXTURES:
See Attachment "3" which is hereby incorporated by
reference and made a part hereof.
AG-126M (12/39) Page 14
1
22• QUALIFICATIONS OF PERSONNEL:
The Contractor agrees that it will provide the County
with relevant policies regarding the personnel qualifications
for professional employees and that these policies shall be sub-
ject to approval by the County.
23 • CONTRACTOR'S STAFF:
The County shall have the right to prior approval of
the filling of any position now vacant or hereafter becoming va-
cant and may, in exercise of that right, promulgate reasonable
regulations involving position control, which shall, when pro-
mulgated, be deemed to be incorporated by reference in and made
part of this Agreement. Attachment "4" establishes the current
procedure for approval of such staff and may be modified in the
event of notification under a County budget deficiency plan as
provided below.
24 • SALARY INCREASES:
No salary, wage or other compensation for services
shall be increased over the amount stated in the attached budg-
et (Attachment "2") without the prior written approval of the
County.
25 . BUDGET DEFICIENCY PLAN:
The County has imposed a budget deficiency plan.
Upon written notification from the Department, the Contractor
shall comply with the same restrictions as are imposed upon the
Department, a copy of which will be furnished with such notifi-
cation and shall thereupon be deemed to be incorporated by ref-
erence in and made part of this Agreement .
AG-126M ( 12/88) Page 15
26. ATTACHMENTS:
The following attachments are made part of this Agreement:
Attachmen+- '
. Z -----�� •Eubi .
Program Narrative - Special
Clauses (if any)
2
Budget
3
Furniture, Equipment
Fixtures, etc.
4
Contractor's Staff
27. ENTIRETY OF THE AGREEMENT
This Agreement contains all the terms and conditions agreed
on by the parties. All items incorporated by reference are to
be attached. No other understandings, oral or otherwise,
regarding the subject matter of this Agreement, shall be deemed
to exist or to bind any of the parties hereto.
i
f •
Ar;-126,•I (12/88)
Page 16
•a
TOWN OF SOUTHOLD
ATTACHMENT "1"
BRIEF RESPITE PROGRAM
7/1/89 - 3/31/90
DEFINITION OF SERVICE
Brief Respite care is the provision of infrequent and temporary
substitute care or supervision of frail or disabled elderly
adults for periods of time less than 8 hours on behalf of and in
the absence of the caregivers for the purpose of providing
relief from the stresses or responsibilities concomitant with
providing consistent care so as to enable the caregiver to
maintain a normal routine.
DEFINITION OF A UNIT OF SERVICE
One unit of service is equal to one hour of brief respite care.
UNITS OF SERVICE
2000 units of Brief Respite Service will be provided to 50
elderly persons .
It is the responsibility of the Contractor to have the following
identifying logo on any printed material and on all vehicles
purchased with program funds :
Funding Provided through the Suffolk County Dept. for the Aging
by the New York State Dept. of Social Services
PROGRAM REQUIREMENTS
The Contractor may not impose a means test of eligibility. No
income or asset information may be used to determine eligibility
for service.
The Contractor has the obligation to inform every recipient of
service of the opportunity to make a free, willing and anonymous
contribution toward the cost of the service. Service may not be
denied, however, if a person is unable or unwilling to make a
contribution. An audit trail of all incoming contributions must
be maintained by the contractor. Any contributions received
must be reported monthly. All contributions are used to enhance
the service.
Printed material used to inform participants of the opportunity
to contribute must include the sources of funding for the
program and must include the following information as detailed
in 84-PI-6 :
Contributions to this (these) service(s) are free and
voluntary. Any contribution you wish to make will be used to
expand the program and will be greatly appreciated.
REPORTING REQUIREMENTS
The contractor must at a minimum determine and maintain the
following specific type of demographic information for each
individual receiving the services :
A) Name
B) Sex
C) Age
D) Greatest Economic Need (low income) - The need
resulting from an income at or below the poverty
threshold established by the Bureau of the Census as
follows :
Size of Family Unit Poverty Income Guideline
1 $5980/year
2 $8020/year
E) Greatest Social Need - The need caused by non-economic
factors which include physical and mental
disabilities, language barriers, cultural or social
isolation including that caused by racial or ethnic
status (for example, Black, Hispanic, American Indian
and Asian American) which restrict an individual ' s
ability to perform normal daily tasks or which
threaten his or her capacity to live independently.
F) DISABLED/FRAIL
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 an
impairment . This includes alcoholism and drug
addiction.
FRAIL - A person with one or more functional deficits
in the following areas :
Physical functions
Mental functions
Activities of Daily Living (ADL) (Eating,
bed/chair transfer, dressing, bathing, toileting
and continence. )
Instrumental Activities of Daily Living (IADL)
(Meal preparation, housekeeping, shopping,
medications, telephone, travel and money
management)
G) Minority Ethnic Status - American Indian/Alaskan
Native, Asian American/Pacific Islander, Black, not of
Hispanic origin, Hispanic.
H) Minorities in Greatest Economic Need - Those minority
persons whose income is at or below the poverty
threshold.
I) Limited English Speaking - A person who is unable to
communicate with an English speaking service provider
without the assistance of an interpreter.
J) Vulnerable - A vulnerable older person is defined as
one who is lacking an adequate informal support system
(i .e. has no family, neighbors or others who are
willing and able to perform the services needed or the
informal support system needs to be supplemented) and
has one or more of the following characteristics :
is unable to provide for his/her own health and
safety primarily due to behavorial or mental
conditions which inhibit their decision-making and
threaten their ability to remain independent; or
has a chronic condition but is not functionally
impaired (persons who have a chronic condition but
are functionally impaired should be reported as
frail) ; or
has an income level between 101% or 1500 of the
poverty level; or
has a language barrier; or
is isolated; or
is living without a phone; or
is without access to transportation
The contractor is responsible for the timely submission (within
ten working days after the end of the month) of all monthly and
quarterly reports . The contractor will forward this information
or any deemed appropriate by the Department or its State Office
for evaluative or planning purposes .
RECIPIENT ELIGIBILITY
Persons age 60 and above are eligible for this service.
Priority must be given to servicing those elderly who are frail,
low income, minority, handicapped or isolated as identified by
the State as the target population. Seniors eligible for or
receiving the same or a similar service under another government
funded program are not eligible for this service.
Determination, however, must be done on an individual basis,
recognizing specific circumstances as they pertain to the
person' s need.
Each potential recipient of the service must be assessed for
need prior to the service being delivered. Reassessment of need
must take place as frequently as necessary, but must be done at
least every three months .
ADMINISTRATION
Overall administration of this program will be the
responsibility of the contractor. The contractor or their
designee will insure proper implementation and direction of the
service, act as liaison between the Department and the actual
service and insure accuracy and timeliness of submission of all
reporting forms and expenditures . Each program will have an
individual to be responsible for records , making site visits ,
conducting client interviews, determining priority assessment of
clients, scheduling of service, maintaining satisfactory
performance of home workers and preparing reports on services
provided.
Department staff will review client files as required to monitor
the program.
Program Coordinator or appropriate employees shall attend
meetings/training as requested by the Suffolk County Department
for the Aging. Attendance to these events is mandatory when
specified.
The contractor is responsible for both service and hiring
practices which ensure equality of opportunity without regard to
race, creed, color, sex, age, handicap, or national origin.
The Department will require the contractor to submit with its
personnel time sheets , a schedule of any meetings which project
staff attended, workshops or training sessions which project
staff attended during time charged to the program for
reimbursement .
Publicity for the program is the responsibility of the
contractor but all publicity regarding the program must be
approved by the Suffolk County Department for the Aging prior to
publication.
The contractor shall submit to the Department monthly and
quarterly program reports covering program activity and expenses
incurred during the reporting period. Such reports must be on a
form specified by the Department and shall comply with all
procedures required by the Department for the proper payment of
vouchers and audits .
Program Reports list the types of services rendered, demographic
information on clients, s etc. These reports must never contain
the names of clients For ease of program staff in complying
with audit requirements, identifying codes may be used in these
Program Reports in lieu of names .
Financial Reports, or vouchers , also must never contain the
names of the clients served, but may be coded to indicate the
particular client served.
In addition, the contractor must, if requested by the Department
Director, furnish to the Director a list of the names of all
clients served or contacted by the program on an annual or
quarterly basis , whichever is requested. This list of names
must be kept confidential and may not be shared by the Director
(except pursuant to court order) with anyone other than
designated Department staff and authorized auditing or
monitoring agencies . The Department Director is responsible for
maintaining confidentiality of the identity of clients to the
same degree as the program staff .
For audit and monitoring purposes only, the contractor must
allow access to the list, name code, and files of clients by the
Department Director and authorized monitoring and auditing
agencies .
ATTACHMENT "2"
BUDGET SUMMARY
BRIEF RESPITE PROGRAM
TOWN OF SOUTHOLD
7/1/89 - 3/31/90
PERSONNEL 9575
RESPITE AIDES 9000
FRINGES 575
TOTAL BUDGET/NET REIMBURSABLE AMOUNT 9575
ATTACHMENT "3"
FURNITURE FIXTURES E UIPMENT MATERIALS SUPPLIES
Ment
A. Prior Approval to Purchase Furniturer Fixtures E ui -
'
Prior to placing any order to purchase, rent or lease furni-
ture, fixtures, or equipment, valued in excess of five hundred
($500 . 00) per unit in the budget attached to the Agreement, the
Contractor shall submit to the County a written request for ap-
proval to make such a proposed purchase, rental or lease with a
list showing the quantity and description of each item, its in-
tended location and use, estimated unit price or cost of the
Proposed order. Written approval of the County is required be-
fore the Contractor may proceed with the proposed purchase,
rental or lease of furniture, fixtures or equipment. All items
Purchased must be new unless specifically described otherwise
in the budget. No sales or Federal excise taxes are to be
paid, as the County is exempt from such taxes . The Contractor
shall obtain its own tax exemption certificates .
B. Furniture Fixtures Equipment , Materials Supplies
1. Purchase Practices
The Contractor agrees to follow all of the general practic-
es that are designed to obtain furniture, fixtures , equipment,
materials or supplies at the most reasonable price or cost pos-
sible. The County reserves the right to purchase or obtain for
the Contractor furniture, fixtures, equipment, materials or sup-
plies which shall be in accordance with programmatic needs of
this Agreement. If the County exercises this right, the amount
budgeted for the items so purchased or obtained by the County
for the Contractor shall not be available to the Contractor for
any purpose whatsoever.
2 . Interest of County
The County shall retain a proprietary interest in all furni-
ture, removable fixtures , equipment, materials or supplies pur-
chased or obtained by the Contractor and paid for or reimbursed
to the Contractor by or from County funds pursuant to the terms
of this Agreement or any prior agreements . Upon the termina-
tion of this Agreement, or of any renewal thereof, the discon-
tinuance of the business of the Contractor, the failure of the
Contractor to comply with the terms of this Agreement, the bank-
ruptcy of the Contractor or an assignment for the benefit of
its creditors, or the failure of the Contractor to satisfy any
judgement against it within thirty (30) days of film
County shall have the right to take title to and g� the
of
all such furniture, removable fixtures , equipment , mateorials
and supplies, and the same shall thereupon become the property
of the County without any claim for reimbursement on the part
of the Contractor. As directed by the County, the Contractor
shall attach identifying labels on said property indicating the
interest of the County.
AC-126M (12/88) Page 1
3 . Inventory, Records Controls and Reports
The Contractor shall maintain proper and accurate inventory
records and controls for all such furniture, removable fixtures
and equipment, and three (3) months before the termination date
of the Agreement shall make a physical count of all items of
furniture, removable fixtures and equipment in its custody,
checking them against records maintained therefore. A report
setting forth the results of such physical count shall be pre-
pared by the Contractor on a form or forms designated by the
County, certified and signed by an authorized official of the
Contractor and one (1) copy thereof shall be delivered to the
County within five (5) days after the date set for the afore-
said physical count. Within five (5) days after the termina-
tion date of this Agreement the Contractor shall submit to the
County six (6) copies of the same report up-dated to the ter-_ -
nation date of this Agreement, certified and signed by an autho-
rized official of the Contractor, based on a physical count or
all items of furniture, removable fixtures and equipment on the
aforesaid termination date and revised, if necessary, to in-
clude any inventory changes during the last quarter of this
Agreement period.
4 . Protection of Assets in Agency' s Custod
The Contractor shall maintain vigilance and take all reason-
able precautions to protect the furniture, fixtures , equipment,
materials or supplies in its custody against damage or loss by
fire, burglary, theft, vandalism or misuse. In the event of
burglary, theft, vandalism or unexplained disappearance of any
item of furniture, fixtures, equipment, materials or supplies ,
the Contractor shall immediately notify the police and make a
record thereof, including a record of the results of any inves-
tigation which may be made thereon. In the event of loss or of
irreparable damage to any item of furniture, fixtures , equip-
ment, materials or supplies from any cause the Contractor imme-
diately shall send the County a detailed, written report there-
on.
5 . Disposition at Termination of Agreement
Upon termination of this Agreement, or of any renewal here-
of, the Contractor shall make access available and render all
necessary assistance for physical removal of such furniture, re-
movable fixtures , equipment, materials or supplies by the Coun-
ty, or its designee, in the same condition as received by the
Contractor, reasonable wear and tear excepted. Any disposi-
tion, settlements or adjustments connected with such furniture,
removable fixtures, equipment, materials or supplies shall be
in accordance with the rules and regulations of the County and
the State of New York or any subdivision thereof .
AG-126M (12/88) Page 2
ATTACHMENT 4
CONTRACTOR' S STAFF
The Contractor, at its own expense, agrees to furnish to
the County resumes of all personnel to be hired for the
referred to in this Agreement, Program
Resumes shall include, but not be limited
m tedtto:their being hired.
(a) Previous job title(s) of the individual employee and
the length of employment under each title; and/or
(b) Previous experience and length of previous experience
with a task or tasks similar to the program.
The Contractor agrees to furnish to the County letter(s) re-
garding all personnel to be hired for the program. The let-
ter(s) shall include, but not be limited to :
(a) The specific tasks to be performed by the individual
employees during the course of the program; and
(b) Salaries and hours to be worked by the individual em-
ployees during the course of the program.
The County reserves the right to approve principal program
personnel proposed by the Contractor at the time of entering
into this Agreement. Reasons for the County not approving said
personnel shall be for lack of qualification or lack of demon-
stration by the Contractor that said proposed personnel will
not have a deleterious effect on the proper and efficient opera-
tion of the program.
AG-126M (12/88)