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HomeMy WebLinkAboutCounty of Suffolk Dept. for the Aging - Brief Respite Program COUNTY OF SUFFOLK �l J 1� PATRICK G. I"IALPIN j0o r � "°'�" ems r) SUFFOLK COUNTY EXECUTIVE � f if DEPARTMENT FOR THE AGING JOSEPH A. RI IV16IT9 SUPE ,/ COMMISSIONER� I, 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 J 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 J/7 b Fis J. Murphy b : c Deputy Co ty Executive Date: October 10, 1989Date• /D �Aq� APPROVED AS TO FORM DEPARTMENT FOR THE AGING NOT REVIEWED AS TO EXECUTION: E.THOMAS BOYLE COUNTY ATTORNEY ba (I 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)