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HomeMy WebLinkAboutOffice for the Aging - Home Delivered Meals IFMS EXE 99000003343 IIIC NUTRITION No. 001-6790-4980-95281-3343 C/A Ref. AGO04NV0003-OOYRA EXTENSION AGREEMENT THIS IS AN EXTENSION of AGREEMENT No. 00000003343, last dated April 23, 1998, (the "Agreement") between the COUNTY OF SUFFOLK(the"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 OFFICE FOR THE AGING("AGING"), located at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge,New York 11788-0099; and TOWN OF SOUTHOLD (the "CONTRACTOR"), a New York municipal corporation,having its principal place of business at 53095 Main Road, P.O. Box 1179, Southold,New York 11971. The parties hereto desire to modify the Agreement to extend the term from December 31, 1998 through December 31, 1999 (the period January 1, 1999 through December 31, 1999 being hereinafter called the "Extension Period"), as set forth herein. Sufficient funding exists in the 1999 Suffolk County Operating Budget. TERM OF AGREEMENT: Shall be January 1, 1998 through December 31, 1999 unless extended(but in no event beyond December 31, ` 2000) or terminated, as provided in Exhibits A and Al to the Agreement. Daily Congregate Meals: 63 Daily Home-Delivered Meals: 103 Not to Exceed 15,798 annually Not to Exceed 27,000 annually TOTAL COST OF AGREEMENT: Shall be on a fee-for-service basis, as set forth in Exhib- its A, Al and C to the Agreement, but shall not exceed $101,431 for the Extension Period. TERMS AND CONDITIONS: Shall be as set forth in Exhibit A-1999 attached. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date written below. TOWN OF SOUTHOLD COUNTY OF SUFFOLK i By: C o L By: JE N W. COCHRAN ERIC A. K Supervisor Chief Deputy�County Executive Date: 3/17/99 Date: 5 1 Federal Taxpayer ID No. 11-6001939 APPROVED AS TO FORM,NOT REVIEWED AS TO EXECUTION: APPROVED: ROBERT J. CIMINO Suffolk County Attorney p '. S ( HOLLY OD S-TEAGUE, Dir ct r By' OFFICE FOR THE AGING Robertson Hatch Da e Assistant County Attorney Date: �" �1- �-7 AG4 (7/97A) 03111199 10.16 A1ag4s1d99 wpd EXHIBIT A-1999 1. The Term of Agreement paragraph on page 1 of the Agreement is amended to read as set forth on the cover page of this Extension Agreement. 2. Effective as of the beginning of the Extension Period,the approximate daily number,and the maxi- mum annual number, of Congregate and/or Home-Delivered Meals included in the Program shall be as set forth on the cover page of this Extension Agreement. 3. An additional Total Cost of Agreement paragraph is added on page 1 of the Agreement as set forth on the cover page of this Extension Agreement. 4. The rate at which the CONTRACTOR shall be paid for the Extension Period is that set forth for 1999 in Exhibit C to the Agreement. 5. Effective as.of the beginning of the Extension Period,the annexed provisions headed, "Financial 'Statements and Audit Requirements"are made part of the Agreement. 6. Effective as of the beginning of the Extension Period, subparagraph A(1)and A(3)of Article 12 in Exhibit Al to the Agreement are amended to read as follows: (1) COMMERCIAL GENERAL LIABILITY INSURANCE,including contrac- tual coverage,in an amount not less than Two Million Dollars($2,000,000.00) combined single limit for bodily injury and property damage per occurrence.' (3) PROFESSIONAL LIABILITY INSURANCE(Errors and Omissions) (if any professional treatment,therapy or consultation services are provided under this Agreement)in an amount not less than Two Million Dollars ($2,000,000.00)per claim. 7. Effective as of the beginning of the Extension Period,the following provisions are added at the end of the Article 15 in Exhibit Al to the Agreement: F. The CONTRACTOR agrees that all services performed under this Agreement are secular and nonpartisan in nature and that no funds received pursuant to this Agreement will be used for sectarian purposes or to further the advancement of any religion,candidate or partisan effort. Furthermore,the CONTRACTOR agrees that all.program services are and will be available to all eligible individuals regardless of religious belief or political affiliation. 8. The CONTRACTOR represents and warrants that it has not offered or given any gratuity to any official,employee or agent of Suffolk County or New York State or of any political party,with the purpose or intent of securing an agreement or securing favorable treatment with respect to the award- ing or amending of an agreement or the making of any determinations with respect to the perfor- mance of an agreement, and that the signer of this Extension Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County(Chapter 386 of the Suffolk County Code). 9. Except as herein amended,all other representations,terms and conditions of said Agreement,includ- ing any and all amendments or budget modifications executed prior to the date hereof,are hereby ratified and confirmed to be in full force and effect. —END OF TEXT— AG4(7/97A) W1020 17.07 H:IMUNLAWIRNH1AG004MA.W O FINANCIAL STATEMENTS AND AUDIT REQUIREMENTS: (a) Notwithstanding any other reporting or certification requirements of Federal,State or local authorities, the CONTRACTOR shall obtain the services of an independent licensed public accountant or certified public accoun- tant(the"AUDITOR")to audit its financial statements for each CONTRACTOR fiscal year i1i which the CQNTRAC- TOR has received,or will receive,$300,000 or more from the COUNTY,whether under this Agreement or otherwise, and shall submit a report on the overall financial condition and operations of the CONTRACTOR,including a balance sheet and statement of income and expenses,attested by the AUDITOR as fairly and accurately reflecting the account- ing ccounting records of the CONTRACTOR in accordance with generally accepted accounting principles. The CONTRACTOR is encouraged to solicit requests for proposals(RFPs)from a number of qualified accounting firms and to review carefully the costs of,and qualifications for,this type of work before selecting the AUDITOR. (b) The AUDITOR should be required to meet the following minimum requirements: (i) a current license issued by the New York State Education Department; (ii) sufficient auditing experience in the nonprofit,governmental or profit-making areas,as applicable;and (iii) a satisfactory peer review issued within not more than three years prior to the date when the AUDITOR was selected to conduct the audit. (c) The audit must be conducted in accordance with generally accepted governmental auditing standards (GAGAS).Financial statements must clearly differentiate between COUNTY-funded programs and other programs that the CONTRACTOR may be operating. The use of subsidiary schedules should be encouraged for this purpose. (d) Furthermore,if the CONTRACTOR is a non-profit organization or unit of local government and expends$300,000 or more of Federal monies,whether as a recipient expending awards received directly from Federal awarding agencies,or as a subrecipient expending Federal awards received from a pass-through entity,such as New York State or Suffolk County,during any fiscal period within which it receives funding under this Agreement("fiscal year'),the audit must be conducted,and the audit report("Single Audit Report')must be,in 4ccordance with OMB Circular No.A-133 (revised June 24, 1997). Single Audit Reports must also be submitted to the designated clearing- house,cognizant agency and/or pass-through entity,to the extent required by the OMB Circular just referred to. (e) The CONTRACTOR must submit a statement in writing,certified by its chief financial officer,which states the amount of Federal funding expended by the CONTRACTOR during such fiscal year.The CONTRACTOR must mail or deliver the certified statement to the DEPARTMENT and to Gerald H.Thurman,Executive Director of Auditing Services,Suffolk County Department of Audit and Control,700 Veterans Memorial Highway,P.O.Box 6100,Hauppauge,New York 11788-0099,as soon as possible after the end of the CONTRACTOR's fiscal year.The statement should include ALL Federal funding received directly from the Federal government and ALL Federal funds passed through from the COUNTY and other pass-through entities (f) Copies of all financial statements,management letters,Single Audit Reports(if applicable)and other audit reports,if required,must be transmitted to the DEPARTMENT and to Mr.Thurman at the address just set forth. The reports must be submitted within thirty(30)days after completion of the audit,but in no event later than nine(9) months after the end of the CONTRACTOR's fiscal period to which the audit relates. (g) These requirements do not preclude the DEPARTMENT or the Suffolk County Comptroller or their authorized representatives or Federal or State auditors from auditing the records of the CONTRACTOR Therefore,the records of the CONTRACTOR must be made available to authorized representatives of Federal, State or County gov- ernment for that purpose. (h) All payments made under this Agreement are subject to audit by the Suffolk County Comptroller pursuant to Article V of the Suffolk County Charter. If the CONTRACTOR fails to cooperate with an audit by the Comptroller,the COUNTY shall have the right to suspend or partially withhold payments under this Agreement or under any other agreement between the parties until such cooperation is forthcoming.If such an audit discloses overpayments by the COUNTY to the CONTRACTOR,within thirty(30)days after the issuance of an official audit report by the Comptroller or his duly designated representatives,the CONTRACTOR shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no response or if satisfactory repayments are not made,the COUNTY may recoup overpayments from any amounts due or becoming due to the CONTRACTOR from the COUNTY under this Agree- ment or-otherwise. (i) The provisions of the foregoing subparagraphs(a)through(h)of this paragraph shall survive the expiration or termination of this Agreement. 1N IN 74:07 H:WUNLAWIR WATTYCL&W IIIC NUTRITION .� IFMS No. EXE 0000000 33 a' -� C/A Ref AG004MI0003-OOYR - AGREEMENT THIS AGREEMENT is between the COUNTY OF SUFFOLK(the"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 OFFICE FOR THE AGING("AGING"), located at H. Lee Dennison Building, 100 Veterans Memorial Highway, Hauppauge,New York 11788; and TOWN OF SOUTHOLD (the"CONTRACTOR'), a New York municipal corporation,having its principal place of business at 53095 Main Road,P.O. Box 1179, Southold,New York 11971. The parties hereto desire to make a senior citizens' Nutrition Program available to the COUNTY, and sufficient funding exists in the 1998 Suffolk County Operating Budget. TERM OF AGREEMENT: Shall be January 1, 1998 through December 31, 1998 unless extended(but in no event beyond December 31, 2000) or terminated, as provided in Exhibit A and Al attached. Daily Congregate Meals: 62 Daily Home-Delivered Meals: 104 Not to Exceed 15,553 annually Not to Exceed 27,245 annually TOTAL COST OF AGREEMENT:_ Shall be on a fee-for-service basis,not to exceed $101,432, as set forth in Exhibits A,Al and C attached. TERMS AND CONDITIONS: Shall.be as set forth in Exhibit A attached. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the latest date written below. TOWN OF SOUTHOLD COUNTY OF SUFFOLK By: By: W- COCHRAN ERIC A. Supervisor / Chief Deputy County Executive Date: �, y 1 Date: y /,:7W76r_ Federal Taxpayer ID No. 11-6001939 APPROVED AS TO FORM,NOT APPROVED: REVIEWED AS TO EXECUTION: ROBERT J. CIMINO A 0A Suffolk County Attorney HOLLY S. ODES- EAGUE Director OFFICE FOR THE AGING BY. Robertson Hatch Date Date: - Assistant County Attorney AG4 (7/97) 31161983:52A:IAG45LD96.wpd �ft�� � ��� �� EXHIBIT A 1. SERVICES TO BE PERFORMED-PAYMENT BY COUNTY A. The CONTRACTOR shall furnish AGING with one or more nutrition programs for senior citizens of Suffolk County(separately or collectively the"Program"),under(i)the Nutrition Program for the Elderly pursuant to Title III,Part C of the Federal Older Americans Act(42 U.S.C.A. §3030e et seq.)in accordance with the rules and regulations of the Administration on Aging,United States Department of Health and Human Services,or(ii)the New York State Supplemental Nutrition Assistance Program,("SNAP"),as indicated on the cover page of this Agreement.The CONTRACTOR shall furnish the Program as further provided in this Exhibit A,Exhibit Al,the CONTRACTOR's Response to Section V.0 of Suffolk County Request for Proposals No. 7/10418 (the"RFP")and the following Appendices to the RFP and additional Exhibits,which are attached to and made part of this Agreement: EXHIBIT B Program Specifications EXHIBIT B 1 Special Clauses(if any) EXHIBIT C Rate Page(s)(CONTRACTOR's Response to Section VI of the RFP) Appendix L Technical Assistance Packet(revised 7/23/97) Appendix M Policy and Procedure Manuals: Congregate Meals and Home Delivered Meals Appendix N Holiday Schedule Appendix Q Summary Form for each Catchment Area Appendix R Comprehensive Assessment for Aging Network Community- Based Long Term Care Services and Instructions. B. The approximate daily number of Congregate and/or Home-Delivered Meals included in the Program shall be as set forth on the cover page of this Agreement. C. Payments will be made in accordance with the Rate Page(s)attached as Exhibit C to this Agreement,but only as provided in Exhibit Al. D. If,under prior similar agreements with the COUNTY,the CONTRACTOR has received nonconsumable furniture,equipment or other tangible personal property or funds to purchase any such items,or receives any of such items in connection with this Agreement,the CON- TRACTOR shall comply with Exhibit D annexed to and made part of this Agreement. E. The provisions of this Exhibit A and of Exhibits Al and B shall prevail over inconsistent provisions of any other Exhibit or Appendix,and over any other document not specifically referred to in this Agreement or made part thereof by this Exhibit A or by subsequent amend- ment in writing and signed by both parties,except to the extent that provisions of the this Exhibit A or Exhibit Al or Exhibit B are specifically referred to and amended or superseded by such amendment. 2. CONTRACT YEAR The term of this Agreement shall be as set forth on the cover page,unless extended as provided below or terminated as provided in Exhibit Al. AG4(7/97) Pa1 of 2 pages of Exhibit A Page P g OV02M 11:00 H:VAUNIAWFWH%AGMM.WPO �Ci T i 3. REPORTS The CONTRACTOR shall submit reports as reasonably requested by the COUNTY,including without limitation those required by the Technical Assistance Packet(Appendix L to the RFP)and the Policy and Procedure Manuals(Appendix M to the RFP). 4. LEMT OF COUNTY'S OBLIGATIONS The maximum amount to be paid by the COUNTY as set forth on the cover page of this Agreement or any amendment thereof shall constitute the full obligation of the COUNTY in connection with this Agreement and any matter arising therefrom for the contract year to which such cover page relates. 5. CERTIFICATION REGARDING LOBBYING Together with this Agreement and as a condition precedent to its execution by the COUNTY,the CONTRACTOR shall have executed and delivered to AGING the Certification Regarding Lobbying (if payment under this-Agreement may exceed$100,000)required by Federal regulations,shall promptly advise the COUNTY of any material change in any of the information reported on such Certification and shall otherwise comply with,and shall assist the COUNTY in complying with,said regulations as now in effect or as amended during the Term of this Agreement. 6. INSURANCE Subparagraph 12.A(1)of Exhibit Al is deleted and the following provisions are substituted in its place: (1) COMMERCIAL GENERAL LIABILITY INSURANCE,including contrac- tual and food products liability coverage,in an amount not less than One Mil- lion Dollars($1,000,000.00)combined single limit for bodily injury and prop- erty damage per occurrence. 7. EXTENSION OF TERM The services of the CONTRACTOR under this Agreement shall be subject to review by AGING not less often than annually.If AGING,in its sole discretion,is satisfied with the CONTRACTOW s seryices,AGING shall notify the CONTRACTOR in writing on or before the expiration of the term (as the same may have been extended),and the parties shall negotiate an Extension Agreement, which shall take effect for the extension period specified therein,but in no event beyond the final expiration date specified on the cover page of this Agreement,upon signature on behalf of the COUNTY. Such Extension Agreement shall include the Total Cost of Agreement for the extension period,adjustment of the annual and daily average number of meals,if necessary,and such other modifications of the Agreement as may be agreed upon between the parties. —END OF TEXT OF EXHIBIT A— AG4(7/97) Page 2 of 2 pages of Exhibit A nMW 140 xiMuxuw=wuu:ooWwro TABLE OF CONTENTS Exhibit Al - STANDARD CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. CONTRACTOR RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. PAYMENT FOR SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Final Request for Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C. Payment of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 D. Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 E. Payments Contingent upon Receipt of State/Federal Aid . . . . . . . . . . . . . . . . 2 F. Agreement Subject to Appropriation of Funds . . . . . . . . . . . . . . . . . . . . . . . . 3 G. Payments Contingent upon State/Federal Funding . . . . . . . . . . . . . . . : . . . . . 3 H. Post-Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. ACCOUNTING PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. ADDRESSES FOR NOTICES,CLAIMS AND REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. OFFSET OF ARREARS OR DEFAULT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. CONFIDENTIALITY OF RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8. GRATUITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 9. PUBLIC DISCLOSURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 10. INDEPENDENT CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11. CERTIFICATE OF INCORPORATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12. INSURANCE AND INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13. INCIDENT REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14. NONDISCRIMINATION IN EMPLOYMENT . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 7 15. NONDISCRIMINATION IN SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16. WORK EXPERIENCE PARTICIPATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 17. PUBLICATIONS,COPYRIGHTS AND PATENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 18. QUALIFICATIONS OF PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 19. COOPERATION ON CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20. ASSIGNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21. TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 22. SEVERABILITY;NO IMPLIED WAVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 23. MERGER;NO ORAL CHANGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 AG A 1 (7/97) wines 17:41 N:WUNIAWM MO I.W 11 Exhibit Al - STANDARD CONTRACT CLAUSES I. TERM OF AGREEMENT The term of this Agreement shall be as set forth on the cover page. 2. CONTRACTOR RESPONSIBILITIES t A. The CONTRACTOR shall perform such services as may be necessary to accomplish the work required to be performed under and in accordance with this Agreement,as more partic- ularly provided in Exhibits A and B,in a skillful manner and to the best of its ability. B. The CONTRACTOR specifically represents and warrants that it has and shall possess,and that,to the extent applicable,its employees,agents and subcontractors have and shall pos- sess,the required education,knowledge,experience and character necessary to qualify them individually for the particular duties they perform and that the CONTRACTOR has and shall have,and,to the extent applicable,its employees,agents and subcontractors have and shall have,all required authorization(s),registration(s),license(s),certificate(s)or permit(s)re- quired by State,COUNTY or local authorities for the Services(hereinafter called"License,). The CONTRACTOR shall immediately notify AGING in writing of any disciplinary pro- ceedings against the holder of any License by the New York State Department of Education or the New York State Department of Health or other issuer of a License.In the event that the CONTRACTOR or such other holder of a License is no longer licensed for any one or more of the Services,the CONTRACTOR must immediately so notify AGING.It is under- stood that the CONTRACTOR shall not be reimbursed for any Services rendered after the effective date of termination of such License.The remainder of this Agreement,or its appli- cation to persons or circumstances other than those as to'which said License has been termi- nated,shall not be affected thereby,and every other term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. C. 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 AGING and that AGING,through its duly authorized representatives,has the right to monitor and evaluate the program.AGING shall be the sole arbiter as to what constitutes,acceptable performance under this Agreement. D. The CONTRACTOR shall comply with all applicable local,COUNTY, State and Federal laws,rules and regulations,including without limitation the rules and regulations of the New York State Office for the Aging,Suffolk County local preference and other applicable Suf- folk County local laws and resolutions of the Suffolk County Legislature and the rules,'regu- lations,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.The CON- TRACTOR agrees that its expenditures shall conform to applicable provisions of law and customary prevailing governmental practices and standards. 3. PAYMENT FOR SERVICES A. Claims (1) The CONTRACTOR shall prepare and present claim forms supplied by the COUNTY(Suffolk County Standard Voucher and any other form(s)required by AG- ING or the Department of Audit and Control)within eight(8)days after the close of AG Al (7/97) page 1 of 10 pages of Exhibit Al NMW17:41 N:WUNLAWIRNHiADIl1.WPD • I the month in which,the expenditure was made,except the claim for the last month of each contract year during the term of this Agreement,for which the claim shall be '~ filed on or before the last day of the month following the contract year. (2) All claim forms must be signed in ink by duly authorized persons,and certification of such authorization with certified specimen signatures thereon must be filed with AG- ING by a CONTRACTOR official empowered to sign this Agreement. (3) Monthly vouchers shall be submitted directly to the Suffolk County Office for the Aging at 395 Oser Avenue,Hauppauge,New York 11788-3631. (4) No claims shall be payable until the CONTRACTOR complies with all requirements in this Agreement that should have been complied with on or before submission of such claims and also submits evaluative and such other data in the manner and form as shall be required and accepted by AGING,the COUNTY, State or Federal Govern- ment. (5) The amount of the Total Cost of the Agreement to be paid by the COUNTY as set forth on the cover page ofi'this Agreement or of any extension or amendment thereof shall constitute the full obligation of the COUNTY in connection with this Agree- ment for the period there'indicated.If the program of the CONTRACTOR which is the subject of this Agreement is funded in whole or in part by contracts with other governmental agencies,it is agreed that the funds of the COUNTY under this Agree- ment shall be refunded to the COUNTY to the extent that the local funding from all such sources exceeds the total expenditures of the CONTRACTOR for the program. B. Final Request for Payment A final claim for payment shall be submitted no later than thirty(3 0)days after the end of each contract year,unless otherwise directed by AGING. C. Payment of Claims The COUNTY agrees to pay the CONTRACTOR monthly for services provided and costs incurred pursuant to this Agreement up to the maximum agreed amount as provided in para- graph 3.A(5)above,upon receipt of monthly claims in such form as prescribed by the COUNTY and after audit and approval by the COUNTY. Claims shall be documented by sufficient,competent and evidential matter. Payment by the COUNTY shall be made within thirty(30)days after approval by the Comptroller of the County of Suffolk. D. Taxes i The charges payable to the CONTRACTOR under this Agreement are exclusive of federal, state and local taxes,the COUNTY being a municipality exempt from the payment of such taxes. E. Payments Contingent upon Receipt of State/Federal Aid I 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 pay the CONTRACTOR for any-ser- vices ny ser- vices or expenses that are not allowed reimbursement to the COUNTY by such Federal or State agencies,and the CONTRACTOR shall repay to the COUNTY any such payments previously made.In such an event,if there should be a balance due to the COUNTY after it AG Al (7/97) Page 2 of 10 pages of Exhibit Al gD'iN717:41 N.IYUNIAYNRMHW1.WPD has made a final payment to the CONTRACTOR,the CONTRACTOR agrees promptly to reimburse the COUNTY the amount of the balance due the COUNTY by check to the order A of the Suffolk County Treasurer.The provisions of this subparagraph E shall survive the expiration or termination of the Agreement. F. Agreement Subject to Appropriation of Funds This Agreement is subject to the amount of funds appropriated and any subsequent modifica- tions odifications thereof by the Suffolk County Legislature,and no liability shall be incurred by the COUNTY under this Agreement beyond the amount of funds appropriated by the Legislature for the program covered by this Agreement. G. Payments Contingent upon State/Federal Funding Payments under this Agreement are subject to and contingent upon continued funding by the State and/or Federal Government(s).If,for any reason,the full amount of such funding is not made available to the COUNTY,this Agreement may be terminated in whole or in part,or the amount payable to the CONTRACTOR may be reduced,at the discretion of AGING, provided that any such termination or reduction shall not apply to allowable costs incurred by the CONTRACTOR prior to such termination or reduction to the extent that funds are avail- able to AGING for payment of such costs. H. Post-Audit All payments made under this Agreement are subject to audit by the Suffolk County Comp- troller pursuant to Article V of the Suffolk County Charter If such an audit discloses overpayments by the COUNTY to the CONTRACTOR,within thirty(30)days after the issuance of an official audit report by the Comptroller or his duly designated representatives, the CONTRACTOR shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller.If there is no response or if satisfactory repayments are not made,the COUNTY may recoup overpayments from any amounts due or becoming due to the CONTRACTOR from the COUNTY under this Agreement or otherwise. 4. ACCOUNTING PROCEDURES A. The CONTRACTOR shall maintain separate records of account 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 consents to audit and inspection by the COUNTY, New York State and the Federal Government of all facilities,books and other financial and statistical data,whether related to this Agreement or otherwise(in the case of towns or other municipal corporations,only as they relate to this Agreement). Such records shall be main- tained for a period of seven(7)years from the date of termination or expiration of this Agree- ment. Specific records shall be kept as to the hours of all personnel. B. The CONTRACTOR shall comply,for the program funded under this Agreement,with the "Regulations for Accounting Procedures for Contract Agencies,"promulgated by the Depart- ment of Audit and Control of Suffolk County,and any amendments during the Term of this Agreement. AG Al (7/97) Page 3 of 10 pages of Exhibit Al mnm rra xiwuMuwvwxuw►Mrn 5. ADDRESSES FOR NOTICES, CLAIMS AND REPORTS The CONTRACTOR shall mail any communication,notice,claim for payment,reports,or other submission to: Suffolk County Office for the Aging at it address on the cover page of this Agree- ment,or such other address of which the COUNTY shall have given the CONTRACTOR written notice. The COUNTY shall mail any communication,notice,or other submission to the CONTRAC- TOR at its address on the cover page of this Agreement or such other address of which the CON- TRACTOR shall have given the COUNTY written notice. 6. OFFSET OF ARREARS OR DEFAULT The CONTRACTOR warrants that it is not,and shall not be during the term of this Agreement,in arrears to the COUNTY for taxes or upon debt or contract and is not,and shall not be during the term of this Agreement,in default as surety,contractor or otherwise on any obligation to the COUNTY,and the CONTRACTOR agrees that the COUNTY may withhold the amount of any such arrearage or default from amounts payable to the CONTRACTOR under this Agreement. 7. CONFIDENTIALITY OF RECORDS A. The CONTRACTOR expressly agrees to preserve the confidentiality of all data and'informa- tion shared,received,collected,or obtained as a result of this Agreement.No disclosure, redisclosure or release of such data or information is to be made,permitted,or encouraged by the CONTRACTOR or its officers or employees,except as expressly authorized by law.It is further understood and agreed that no such data or information is to be used for personal benefit.The CONTRACTOR further agrees that its employees shall be specifically in- structed in regard to their obligation to keep such data and information in confidence and their liability upon breach of confidentiality to all the penalties prescribed by law. B. The CONTRACTOR further agrees to implement such procedures for safeguarding informa- tion as the Department shall require.The CONTRACTOR further agrees to indemnify and hold the COUNTY and AGING harmless against any loss,damage,cost or expense arising out of any suit,claim or demand which may be brought or made against the COUNTY or AGING by reason of a breach of these provisions. C. In addition,the CONTRACTOR agrees-to maintain the confidentiality of all information in conformity with the provisions of applicable local, State and Federal laws and regulations. 8. GRATUITIES The CONTRACTOR represents and warrants that it has not offered or given any gratuity to any official,employee or agent of Suffolk County or New York State or of any political party,with the purpose of intent of securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County(Chapter 386 of the Suffolk County Code). 9. PUBLIC DISCLOSURE The CONTRACTOR represents and warrants that,unless exempt,it has filed with the Comptroller of Suffolk County the verified public disclosure statement,required by Local Law No. 14 of 1976, as amended(§A5-7 of the Suffolk County Code)and acknowledges that such filing is a material, AG A 1 (7/97) page 4 of 10 pages of Exhibit A 1 gftilo717:11 H:WUNIAYNRNHWI.YYPD h � t contractual and statutory duty and that the failure to file such statement shall constitute a material breach of this Agreement,for which the COUNTY shall be entitled upon a determination that such breach has occurred,to damages,in addition to all other legal remedies,of fifteen percent(15%)of the amount of the Agreement. (Such filing is not required if the CONTRACTOR is a not-for-profit corporation.) 10. INDEPENDENT CONTRACTOR The relationship of the CONTRACTOR to the COUNTY shall be that of an independent contractor. The CONTRACTOR,in accordance with its status as an independent contractor,covenants and agrees that neither the CONTRACTOR nor any of its officers,directors or employees will hold itself or themselves out as,or claim to be,an officer or employee of the COUNTY by reason of this Agreement,and that neither it nor any of them will,by reason thereof,make any claim,demand or application to or for any right or privilege applicable to an officer or employee of the COUNTY, including,but not limited to,Workers' Compensation coverage,unemployment insurance benefits, Social Security coverage,or retirement membership or credits. 11. CERTIFICATE OF INCORPORATION The CONTRACTOR(if not a town or other municipal corporation)shall furnish AGING with certi- fied copies of its Certificate of Incorporation and by-laws,including any amendments thereto,at the time it signs this Agreement,to the extent not already on file with AGING,and any amendments thereto during the term of this Agreement promptly upon their adoption,and a list of the board members governing the CONTRACTOR from time to time.The CONTRACTOR shall not dissolve any existing corporation or establish any new corporation with the responsibility for the operation of the program without the prior written approval of AGING. 12. INSURANCE AND INDEMNIFICATION A. 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.Un- less otherwise specified by the COUNTY and agreed to by the CONTRACTOR,in writing, such insurance will be as follows: (1) COMMERCIAL GENERAL LIABILITY INSURANCE,including contrac- tual coverage,in an amount not less than One Million Dollars($1,000,000.00) combined single limit for bodily injury and property damage per occurrence. (2) AUTOMOBILE LIABILITY INSURANCE(if any vehicles are used in the performance of 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. (3) PROFESSIONAL LIABILITY INSURANCE(Errors and Omissions)(if any professional treatment,therapy or consultation services are provided under this Agreement)in an amount not less than One Million Dollars ($1,000,000.00)per claim. (4) WORKERS' COMPENSATION and EMPLOYER'S LIABILITY INSUR- ANCE NSURANCE in compliance with all applicable New York State laws and regulations and DISABILITY BENEFITS INSURANCE if required by law and shall AG Al (7/97) Page 5 of 10 pages of Exhibit Al 47l?3A717:41 H:VAUHUlNM1RIIHUUfA1.YYP0 r.. have furnished to the COUNTY prior to its execution of this Agreement the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§ 57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law § 108,this Agreement shall be void and of no effect unless the CONTRAC- TOR shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provi- sions of the Workers' Compensation Law. FIDELITY BONDS (if a Budget and payment schedule are attached to this Agree- ment)providing comprehensive coverage,in an amount not less than the greater of(i) Five Thousand Dollars($5,000)or(ii)the amount of the advance to the CONTRAC- TOR 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. B. All policies providing such coverage shall be issued by insurance companies acceptable to the COUNTY. C. The CONTRACTOR shall furnish to the COUNTY certificates of insurance or,on request, original policies,evidencing compliance with the aforesaid insurance requirements.In the case of commercial general liability insurance and of any automobile liability insurance,said certificates or other evidence of insurance shall name the County of Suffolk as an additional insured.All such certificates or other evidence of insurance shall provide for the County of Suffolk to be a certificate holder and to be notified in writing thinly(30)days prior to any cancellation,non-renewal or material change. Such certificates,policies or other evidence of insurance and notices shall be mailed to AGING at the address at the head of this Agreement or at such other address of which the COUNTY shall have given the CONTRACTOR notice in writing.If the CONTRACTOR is a town or other municipal corporation and has a self-insurance program under which it acts as a self-insurer for any of such required cover- age,it may provide self-funded coverage and certificates or other evidence of such self-insurance in lieu of insurance issued by insurance companies. D. Furthermore,to the extent permitted by law,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 attorneys' 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 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,except only in cases of the COUNTY's sole active negligence. 13. INCIDENT REPORTING The CONTRACTOR agrees to provide AGING with reports of all instances of claims,costs,dam- ages,and injuries to persons or property of whatsoever kind arising out of services provided under AG Al (7/97) Page 6 of 10 pages of Exhibit Al 07f2lID7 17A1 N9WUNlAWWNNY6DAI.WPD this Agreement. All such notifications should be given to AGING immediately after the incident,if possible,but in no case longer than five(5)days after the incident. The CONTRACTOR further agrees to send AGING copies of all"notices of claim"relating to the program covered in this Agree- ment. 14. NONDISCREVIINATION IN EMPLOYMENT A. The CONTRACTOR agrees in connection with the performance of this Agreement as fol- lows: (1) The CONTRACTOR shall not discriminate against employees or applicants for em- ployment because of race,creed,color,national origin,sex,age,disability,Vietnam Era Veteran status or marital status,and will undertake or continue existing programs of affirmative action to ensure that women and minority group members are afforded equal employment opportunities without discrimination.Affirmative action shall mean recruitment,employment,job assignment,promotion,upgradings,demotion, transfer,layoff,or termination and rates of pay or other forms of compensation. (2) The CONTRACTOR shall require each employment agency,labor union or autho- rized representative of workers,with which it has a collective bargaining or other agreement or understanding,to furnish a written statement that such employment agency,labor union or representative will not discriminate on the basis of race,creed, color,national origin,sex,age,disability,Vietnam Era Veteran status or marital sta- tus and that such union or representative will affirmatively cooperate in the imple- mentation of the CONTRACTOWs obligations herein. (3) The CONTRACTOR shall state,in all solicitations or advertisements for employees, that,in the performance of this Agreement,all qualified applicants will be afforded equal employment opportunities without discrimination because of race,creed,color, national origin,sex,age,disability,Vietnam Era Veteran status or marital status. 15. NONDISCRINIINATION IN SERVICES A. Furthermore,the CONTRACTOR,in providing services under this Agreement,shall not,on the grounds of race,creed,color,national origin,sex,age,disability or marital status: (1) Deny an individual any services or other benefits provided under the program: (2) Provide any services or other benefits to an individual which are different,or are provided in a different manner,from those provided to others under the program; (3) Subject an individual to segregation or separate treatment in any matter related to his/her receipt of any services or other benefits provided under the program; (4) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any services or other benefits provided under the pro- gram; (5) Treat an individual differently from others in determining whether or not the individ- ual satisfies any eligibility or other requirements or conditions which individuals must meet in order to receive any aid,care,services,or other benefits provided under the program. AG Al (7/97) Page 7 of 10 ag pages of Exhibit Al 07M,17.41 ®:woauWMH%at.Wl) B. The CONTRACTOR shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race,creed,national ori sex,age,disability or marital status or have the effect of defeating or substantially impairing accomplishment of the objectives of the program in respect to individuals of a particular race,creed,national origin,sex,age,disability or marital status in determining: (1) The types of services or other benefits to be provided under the program,or (2) The class of individuals to whom,or the situations in which,such services or other benefits will be provided under the program,or (3) The class of individuals to be afforded an opportunity to participate in the program. C. The CONTRACTOR also agrees to observe all applicable Federal Regulations contained in 45 CFR,Part 84 and Part 85 entitled"Non-Discrimination on the Basis of Handicap in Pro- gram Activities Receiving or Benefiting from Federal Financial Assistance" D. The CONTRACTOR agrees to comply with the requirements of the Civil Rights Act of 1964. E. In addition,pursuant to § 306(ax5XA)(ii)of the Older Americans Act,as added by P.L. 100-175,42 U.S.C.A. §3026(a)(5)(Axii),the CONTRACTOR shall (1) specify how the CONTRACTOR intends to satisfy the service needs of low-income minority individuals in the area served by the CONTRACTOR;and _ (2) attempt to provide services to low-income minority individuals in at least the same proportion as the population of low-income minority older individuals bears to the population of older individuals of the area served by the CONTRACTOR. 16. WORK EXPERIENCE PARTICIPATION If the CONTRACTOR is a nonprofit agency or institution,each of the CONTRACTOWs locations in Suffolk County at which services are provided under this Agreement shall be a work site for public-assistance clients of Suffolk County pursuant to Local Law No. 15-1993 at all times during the term of this Agreement.If no Memorandum of Understanding("MOU")with the Suffolk County Department of Labor for work experience is in effect at the beginning of the term of this Agreement, the CONTRACTOR,if it is a nonprofit agency or institution,shall enter into such MOU as soon as possible after the execution of this Agreement and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with this Agreement,for which the CONTRACTOR may withhold payment,terminate this Agreement or exercise such other remedies as may be appropriate in the circumstances. 17. PUBLICATIONS, COPYRIGHTS AND PATENTS A. 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 Robert J. Gaffney,County Executive. B. If the work of the CONTRACTOR under this Agreement should result in the production of original books,manuals,films or other materials for which a copyright may be granted,the CONTRACTOR may secure copyright protection.However,the COUNTY reserves,and the AG.A1 (7/97) Page 8 of 10es of Exhibit Al p� gltilq 17:41 M:WUMIAMM1RNaMI.YYPD CONTRACTOR hereby gives to the COUNTY,and to any other municipality or government agency or body designated by the COUNTY,a royalty-free,nonexclusive license to produce, reproduce,publish,translate or otherwise use any such materials. C. If the CONTRACTOR under this Agreement makes any discovery or invention in the course of or as a result of work performed under this Agreement,the CONTRACTOR may apply for and secure for itself patent protection.However,the COUNTY reserves,and the CON- TRACTOR hereby gives to the COUNTY,and to any other municipality or government agency or body designated by the COUNTY,a royalty-free,nonexclusive license to produce or otherwise use any item so discovered or patented. 18. 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 subject to ap- proval by AGING. 19. COOPERATION ON CLAIMS The CONTRACTOR agrees to render diligently to the COUNTY any and all cooperation,without additional compensation,that may be required to defend the COUNTY against any claims,demand, or action that may be brought against the COUNTY in connection with this Agreement. 20. ASSIGNMENT A. The CONTRACTOR shall not 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 Agree- ment,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,and any attempt to do any of the foregoing,without such consent shall be of no effect. B. The CONTRACTOR shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of AGING. Such subcontracts shall be subject to all of the provisions of this Agreement and to such other conditions and provisions as AGING may deem necessary, provided,however,that notwithstanding the foregoing,unless otherwise provided in this Agreement,such prior written approval shall not be required for the purchase of articles,supplies,equipment and services which are inciden- tal to,but necessary for,the performance of the work required under this Agreement. No approval by AGING of any subcontract shall provide for the incurrence of any obligation by the COUNTY in addition to the total agreed upon price. The CONTRACTOR shall be re- sponsible for the performance of any subcontractor for the delivery of service. 21. TER HNATION A. If the CONTRACTOR fails to fulfill in a timely and proper manner its obligations under this Agreement,or if the CONTRACTOR becomes bankrupt or insolvent or falsifies its records or reports,or misuses its funds from whatever source,the COUNTY may terminate this Agreement in whole or with respect to any identifiable part of the program,effective imme- diately,or,at its option,effective at a later date specified in the notice of such termination to the CONTRACTOR, AG Al (7/97) Page 9 of 10 pages of Exhibit Al 07f231Y7 97:41 H:19AUNU1YYIFWHIMiA1.9NPD B. If the COUNTY shall deem it in its best interest to terminate this Agreement in whole or with respect to any identifiable part of the program,it shall have the right to do so by giving not ti less than thirty(30)days' prior written notice to the CONTRACTOR. C. The CONTRACTOR may terminate this Agreement by giving not less than sixty(60)days' prior written notice(or thirty(30)days'prior written notice if substantial breach of contract is involved)to the Director of AGING,specifying the reasons for termination and the effec- tive date of termination. D. The COUNTY shall be released from any and all responsibilities and obligations arising from the Program covered by this Agreement,effective as of the date of termination,but the COUNTY shall be responsible for payment of all claims for services provided and costs incurred by the CONTRACTOR prior to termination of this Agreement,that are pursuant to, and after the CONTRACTOR's compliance with,the terms and conditions of this Agree- ment. E. Notice of termination must be in writing,signed by an authorized official,and sent to the other party by certified mail,or by messenger,and receipt shall be requested.Notice of ter- mination shall be deemed delivered as of the date of its posting by certified mail or at the time it is delivered to the other party by messenger. 22. SEVERABILITY; NO EMPLIED WAIVER. A. It is expressly agreed that if any term or provision of this Agreement,or the application thereof to any person or circumstance,shall,to any extent,be held invalid or unenforceable, the remainder of this Agreement,or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected thereby; and every other tern and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. B. No waiver shall be inferred from any failure or forbearance of the COUNTY to enforce any provision of this Agreement in any particular instance or instances,but the same shall other- wise remain in full force and effect notwithstanding any such failure or forbearance. 23. MERGER; NO ORAL CHANGES It is expressly agreed that this Agreement represents the entire agreement of the parties,that all previous understandings are merged in this Agreement,and that no modification of this Agreement shall be valid unless written and executed by both parties. —END OF TEXT OF EXHIBIT Al— AG Al (7/97) Page 10 of 10 ag pages of Exhibit Al 0712 W 17:41 MUNIAWWNN"I.M0 Mary Bajek—30 years of kitchen experience,knowledge of reading and writing, over 60 years of age, training in food handling,dependable,honest. Theresa Chabot—25 years of kitchen experience,high school diploma, training in fo handling,knowledge of kitchen equipment and procedure, dependable,honest, over years of age. 2. Qualifications Of Personnel The personnel who will be utilizing the Compass forms will be: Venetia McKeighan, B.Ed.: 17 years experience as Dire r/Site Manager of a nutrition program,assessing needs, developing and administering ograms for the elderly, assessing clients needs for services and entitlements. Karen McLaughlin,B.SW.-8 years expe ' nce working in nutrition program providing case management,assessing clients need or services and entitlements, and advocating for the elderly. Carol Betty, LPN—25 years nursing experience with the elderly, 5 years of experience assessing client needs,worki with special diets for clients, ie: low salt, diabetic, assessing clients for program place nt as well as ancillary services. 2B. Experie In Providing Similar Services In 1959, a young teacher, my job was not only to teach,but to implement a new program i ergrading the migrant worker's children into the existing school in a rural farm area. part of this program, I initiated a school breakfast program;and by mid-year, I had a ed a lunch program also. I ran this program for the years I taught at the school. ventually,the program was incorporated into all the schools in the district and remains in place today. 2C. Program Description And Methodology 1. Enclosed is a map highlighting the catchment area of the Southold Town Nutrition Center. It covers the area from Laurel to Orient Point, an area of approximately 70 square miles. Our Center is located at the Human Resource Center in Mattituck,N.Y. It houses all of the Nutrition Services as well as many other services available to seniors. i Our catchment area also includes the Village of Greenport,which is a low income, minority area,with a significant population of 75+residents. In order to include as many residents as possible from this area in our Nutrition Program, we direct many outreach efforts to this population. I am a member of the Advisory Board of Cast, the largest community service agency in Greenport. In this capacity, I am able to offer our Nutrition services to the elderly residents of Greenport Village. As a Board member,I am able to have access to information that helps me to serve the needs of this community. We also offer a Speakers Bureau made up of Karen McLaughlin, our social worker, and myself. We speak to congregations, service organizations, and other community agencies. This village also has a Kosher population. We will offer meals that will comply with this dietary need for short-term meal service. We also have a television program on local TV Channel 27 on cable. We tape it monthly but is shown weekly. This informs the community of the services we have available as well as other community services we can refer to. 2. Program Design And Service Coordination Plan The Human Resource Center is in compliance with the Americans with Disabilities Act. The Center is a one-story building with all programs and services at ground level. We still have a short ramp to the door,railings and yellow-striped edges. Both the men's and women's bathrooms are in compliance with the ADA. We also have an entrance even with the blacktop that is accessible for wheelchairs. We also employ people with disabilities. A van equipped with a wheelchair lift is also available for transportation to and from the Center and for other essential transportation. a. Food Service We have cooked on site since the program's inception in 1974. b. Supportive Services Please see activity schedule. c. Transportation We provide transportation to and from the Center. We have 5 home-delivered meal routes that comply with the Suffolk County Dept. of Health regulations for travel time and temperatures. We do not transport any meals on public transportation. d. Targeting Both the social worker and I are responsible for reaching out to the target populations. We are available for speaking engagements for various community groups. We network with other agencies and services, including those in the Village of Greenport,through the Southold Town Geriatric Network. Our weekly television program also discusses the services and programs that are available at our Center by other community based services. I am on the Advisory Board of Cast, a human service organization in the Village of Greenport. They refer many clients to us and give us the opportunity to reach into this target population. e. Other Resources One of our most important methods of coordinating services with the resources of the community is through the Southold Town Geriatric Network. This was established in 1982 by Dr.Jay Slotkin and me. This group of health professionals,human service agencies, its well as other community and county services attend our monthly meetings to discuss different aspects of health care as well as services available, as well as those needed, for our residents. f. Contribution Policy We provide our nutrition clients a voluntary and confidential opportunity to contribute to the cost of our program. A locked box is provided,in an area away from the sign-in sheet, along with envelopes for thein to any voluntary or confidential contribution they can. We have the suggested contribution of$2.00 per meal posted on the wall as you enter to sign in. D. Reliability 1. Operating Problems—We have, operating problems, litigation on County Departne citations within the past three years. EXHIBIT B PROGRAM SPECIFICATIONS FOR NUTRITION PROGRAMS A. GOALS OF PROGRAM The intended outcome of the Nutrition Program for the Elderly is to improve,maintain or delay the decline in the nutritional status of persons 60 years of age and older and help them to remain independent in their own homes and communities. B. GENERAL In general,but without limitation,the CONTRACTOR shall be required to meet the criteria listed below: 1. Each meal must meet 1/3 of the recommended dietary allowance. Special low salt and basic diabetic diets must be provided to those clients requiring such upon physician's order. The meal pattern and the amounts must follow those set forth by the New York State Office for the Aging. All aspects of food preparation and service must meet the standards of the Suf- folk County Department of Health Services,e.g.,safe temperature of food—hot entree al- ways served at a minimum of 140°F,salad and other cold items served at 42°F or below. 2. All nutrition programs which cook on site must hold a complete sample of each day's meal(s),including all components except milk and bread,in the refrigerator for 5 days for testing purposes. All nutrition programs which serve catered meals must hold a complete sample of each day's meal(s),including all components except milk and bread,if possible,or hold 3 tablespoons of each meal component,in the refrigerator for 5 days for testing pur- poses. 3. All nutrition programs must provide elderly persons a voluntary and confidential opportunity to contribute to the cost of the program.No one may be denied service due to inability or unwillingness to contribute.Voluntary contributions of food stamps must be accepted.All contributions must be used to enhance the program. C. CONGREGATE MEAL PROGRAM 1. The nutrition site shall be open as stated on Appendix Q(Summary),fully staffed,during regular business hours based on local need and available funding. Holiday schedules are to be posted one month in advance at the nutrition site. The CONTRACTOR shall submit copies of all holiday schedules and staff vacations to AGING. 2. The CONTRACTOR must provide participant transportation as needed and supportive serv- ices as appropriate to the needs and abilities of each participant. Supportive services mean education and training,information and referral,outreach,public information,recreation, shopping assistance,socialization and volunteer activities. When viewed as a whole,transportation services must be accessible to people with disabili- ties as required by the Americans with Disabilities Act of 1990(P.L. 101-336)and the regu- lations thereunder(49 CFR Part 37). 3. The CONTRACTOR must abide by standards set forth under both Section 504 of the Reha- bilitation Act of 1973 and the Americans with Disabilities Act of 1990(P.L. 101-336)and the regulations thereunder(28 CFR Parts 35 and 36)which require that all programs and facilities(buildings,bathrooms,etc.)must be accessible to the handicapped. AG4(7/97) Pa1 of 5 pages of Exhibit B Page p g o+mrw u:sa x:wuxuwvwxuic004M.wro 4. The site manager shall work closely with AGING's staff and-other local agency staff to pro- vide a full array of supportive services for participants. " 5. The CONTRACTOR must provide a locked box or envelopes for the suggested meal dona- tions of the participants in order to protect the confidentiality of program participants' identi- ties and the amount which they contribute. The program will develop a Site Council which will decide the amount of suggested donation. All sites must post the suggested contribution for program participants. Price of the meal for guests must be posted. The above two amounts are to be posted near the locked box. D. ROME DELIVERED MEAL PROGRAM 1. The packaging of meals must meet the standards of the Suffolk County Department of Health Services. Aluminum foil partitioned plates are recommended. In order to maintain safe food temperatures in delivery,equipment approved by the National Sanitation Foundation must be purchased. Menus,whenever possible and feasible, should be sent to the clients. 2. The CONTRACTOR must provide supportive services to the homebound client according to his or her specific needs. The frequency of the supportive services will be determined by the individual assessment. Nutritional counseling and education must be included in this service. 3. The CONTRACTOR must provide envelopes for the suggested meal donations of the partici- pants in order to protect the confidentiality of the program participants' identities and the amount which they contribute. 4. The CONTRACTOR shall provide a meal for those holidays that fall on a week day. The holiday meals may be frozen or canned. In addition,an emergency supply of food should be made available twice a year for weather related emergencies. A list of suggested food items is available from AGING. - E. REPORTING REQUIREMENTS: 1. The following forms and reports are required by the COUNTY to meet the standards of the Nutrition Program: (a) Monthly Program Reports Copies of the participant daily sign-in sheets must be received in AGING by the eighth day following month's end. The units of service/unduplicated count report(Nutrition or S.N.A.P. Services)is due the eighth day following month's end. The activity report is due one week prior to the month reported. Menu forms are due four weeks prior to the serving cycle. (b) Monthly Fiscal Reports SCOFA Forms NPAG 2(congregate),NPAG 3 (home delivered),NPAG 4 and NPAG 5 are due the eighth day following month's end. NPAG 4 and 5 are to be signed in ink by the site manager where indicated. AG4(7/97) es Page 2 of 5 a of Exhibit B g pages otmM u:so x:wuxuwwxxwc:ooua.Wn (c) Demographics The CONTRACTOR must at a minimum determine and maintain the following spe- cific type of demographic information for each individual receiving services: • Name. • Sex. • Age. • Disabled/Frail. Disabled-Any person who has a physical or mental impairment which sub- stantially limits one or more major life activities,has a record of such impair- ment,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). • Live Alone. • Low Income-The need resulting f rom an income level at or below the pov- erty threshold,as established by the Bureau of the Census as follows: Size of Family Unit 100%of Poverty Threshold 150% of Poverty Threshold (for MC Nutrition Program(s)) (for SNAP Program(s)) 1 $7,740/year $11,835/year 2 $10,360/year $15,915/year • Minority-Those individuals belonging to one of the following groups:Amer- ican Indian/Alaskan Native,Asian/Pacific Islander,Black(not of Hispanic Origin),and Hispanic. • Low Income Minority-those minority persons whose income is at or below the poverty threshold. • Veteran-A man or woman who served on active duty in the Armed Forces of the United States and-who was discharged or released under conditions other than dishonorable. F. MISCELLANEOUS 1. It is the responsibility of the CONTRACTOR to have an identifying logo in equal sized lettering on any printed materials and on all brochures,flyers,and advertisements(including without limitation television graphics),and on Program vehicles,as follows: AG4(7/97) Page 3 of 5es of Exhibit B P� 07/lSA716:61 N:IMUNuwwxxuDooaAl.wPD ♦ J L Purchased with Federal Funding: Purchased with State/County Funding Funding provided by the Funding provided by[the] Suffolk County Office for the Aging and the Suffolk County[Office for the Aging] U.S.Dept.of Health and Human Services through the New York State Office for the Aging [through the New York State Office for the Aging]* Any announcements of the Program on radio or television must identify funding by[the] Suffolk County[Office for the Aging]%the U.S. Department of Health and Human Services and/or through the New York State Office for the Aging,as applicable. 2. Attendance by site managers at site managers' meetings and training'sessions is mandatory. Transportation to these meetings must be accomplished without decreasing transportation services to the Program. Other training programs,such as the New York State Conference on Aging Training and New Trends(TNT),are recommended. 3. AGING's assessment forms are to be completed within five days of a participant's enroll- ment in the program and are to be kept on file at the nutrition site. The use of AGING's assessment forms will be replaced by the NYS COMPASS forms as training is received and is to be completely phased in no later than April 1, 1999. 4. The CONTRACTOR shall cooperate in AGING's periodic physical verification of cash, food,equipment,supplies and other assets of the program. 5. Tie CONTRACTOR must establish a formal system of soliciting comments from the partici- pants concerning meals,transportation and supportive services. 6. The CONTRACTOR shall comply,and shall require its officers and directors,partners, trustees or other members of its governing body and personnel employed to render services under this Agreement,to comply with all applicable rules,regulations and requirements of law,including without limitation,the Americans with Disabilities Act,and the applicable Policy and Procedure Manual issued by AGING,and the Technical Assistance Packet,which have been made part of this Agreement. Omit the words that are not applicable. AG4(7/97) Page 4 of 5 es of Exhibit B � p� q/tSR71i:H 11i11U11uwwxxu►aoow.wrD R. 1 GENERAL FOOD SPECIFICATIONS FOOD SPECIFICATIONS FOR CYCLE MENUS Meat or Alternate Meats-USDA Choice or Better Preservatives,tenderizers,or coloring agents may not be added to any fresh meat or fresh meat product. Vegetables and Fruits All fresh fruits and fresh vegetables must not contain bisulfates. All fresh fruits and fresh vegetables must be washed. Fresh Fruit Minimum Size Oranges 113 Apples 120 Bananas 150 %2 cup represents drained weight of fiuits and vegetables Frozen Vegetables-Grade A-Fancy(USDA) Canned vegetables-Grade A-Fancy(USDA) Maraadne-from liquid vegetable oil and fortified with Vitamin A Bread/Alternate-whole grain or enriched Instant Mashed Potatoes must be fortified with Vitamin C Milk -Vitamin A&D fortified skim or low-fat milk-3 days lead time from day of service Desserts Gelatin-fortified with Vitamin C Milk-based puddings used for pudding mix Canned Fruits-Grade A-Fancy(USDA) Canned Fruit Juices-Grade A-Fancy(USDA)-fortified with Vitamin C Frozen Fruits-Grade A-Fancy(USDA) All foods shall be obtained from State or Federal inspected plants. —END OF TEXT OF EXHIBIT B— AG4(7/97) Pa5 of 5 pages of Exhibit B Page P g n25W 16:51 H:WIUNIAYWRNIM0004N.YYPD n - t A• In EXHIBIT C PROPOSED SCHEDULE OF FEES FOR SERVICES This covers the catchment area of the TOWN of SOUTHOLD. This unit cost is for Title IIIC Nutrition and SNAP . Congregate Meals Home Delivered Meals First Contract Year $2 . 37 $2 . 37 Second Contract Year $2 . 37 $2 . 37 Third Contract Year $2 . 37 $2 . 37 EX MIT D FURNITURE, FIXTURES, EQUIPMENT, ETC. A. Interest of COUNTY The COUNTY shall retain a proprietary interest in all furniture,removable fixtures,equipment, materials or supplies received from the COUNTY or purchased or obtained by the CONTRACTOR and paid for or reimbursed to the CONTRACTOR by or from COUNTY funds pursuant to the terms of any prior agreements with the COUNTY for nutrition services to the elderly or in connection with this Agreement.Upon the termination of this Agreement,or of any renewal thereof,the discontinu- ance of the business of the CONTRACTOR,the failure of the CONTRACTOR to comply with the terms of this Agreement,the bankruptcy of the CONTRACTOR,or an assignment for the benefit of its creditors,or the failure of the CONTRACTOR to satisfy any judgment against it within thirty(30) days of filing,the COUNTY shall have the right to take title to and possession of all such furniture, removable fixtures,equipment,materials and supplies,and the same thereupon become the property of the COUNTY without any claim for reimbursement on the part of the CONTRACTOR.As di- rected by the COUNTY,the CONTRACTOR shall attach identifying labels on said property indicat- ing the interest of the COUNTY. B. Inventory, Records, Controls and Reports The CONTRACTOR shall maintain proper and accurate inventory records and controls for all such furniture,removable fixtures and equipment acquired pursuant to this Agreement and all prior agree- ments,if any,covering the Program. Three(3)months before the termination date of this Agree- ment,the CONTRACTOR shall make a physical count of all items of furniture,removable fixtures and equipment in its custody,checking each item against the aforesaid inventory records. A report setting forth the results of such physical count shall be prepared by the CONTRACTOR on a form or forms designated by the COUNTY,certified and signed by an authorized official of the CONTRAC- TOR, and one(1)copy thereof shall be delivered to the COUNTY within five(5)days after the date set for the aforesaid physical count. Within five(5)days after the termination date of this Agree- ment,the CONTRACTOR shall submit to the COUNTY six(6)copies of the same report updated to the termination date of this Agreement,certified and signed by an authorized official of the CON- TRACTOR,based on a physical count of all items of furniture,removable fixtures and equipment on the aforesaid termination date,and revised,if necessary,to include any inventory changes during the last three(3)months of the term of this Agreement. C. Protection of Property in,CONTRACTOR's Custody The CONTRACTOR shall maintain vigilance and take all reasonable precautions to protect the furniture, fixtures,equipment,materials or supplies in its custody against damage or loss by fire, burglary,theft,disappearance,vandalism or misuse. In the event of burglary,theft,vandalism or disappearance of any item of furniture,fixtures, equipment,materials or supplies,the CONTRAC- TOR shall immediately notify the police and make a record thereof, including a record of the results of any investigation which may be made thereon. In the event of loss of or damage to any item of furniture, fixtures,equipment,materials or supplies from any cause,the CONTRACTOR immedi- ately shall send the COUNTY a detailed,written report thereon. AG4 (7/97) Page 1 of 2 pages of Exhibit D 08W/97 13 00 AAA0004M wPo D. Disposition of Property in CONTRACTOR's Custody Upon termination of the COUNTY's funding of the Program covered by this Agreement or by any renewal hereof,or at any other time that the COUNTY may direct,the CONTRACTOR shall make access available and render all necessary assistance for physical removal by the COUNTY or its designee of any or all furniture,removable fixtures,equipment,materials or supplies in the CON- TRACTOR's custody in which the COUNTY has a proprietary interest, in the same condition as such property was received by the CONTRACTOR,reasonable wear and tear excepted. Any dispo- sition, settlements or adjustments connected with such property shall be in accordance with the rules and regulations of the COUNTY and the State of New York. —END OF TEXT OF EXHIBIT D— AG4(7/97) Page 2 of 2 pages of Exhibit D 08MW 13.00 A'V1ca004M.WPo r. all Appendix N RFP No. 7/10418 HOLIDAY SCHEDULE NUTRITION PROGRAM FOR THE ELDERLY HOLIDAY DATE 1998 1999 2000 2001 NEW YEAR'S DAY THURSDAY, FRIDAY, FRIDAY,DECEM- MONDAY, JANUARY 1 JANUARY 1 BER 31, 1999 JANUARY 1 DR MARTIN LUTHER KING,JR DAY MONDAY, MONDAY, MONDAY, MONDAY, JANUARY 19 JANUARY 18 JANUARY 17 JANUARY 15 LINCOLN'S BIRTHDAY THURSDAY, FRIDAY, FRIDAY, MONDAY, FEBRUARY 12 FEBRUARY 12 FEBRUARY 11 FEBRUARY 12 WASHINGTON'S BIRTHDAY MONDAY, MONDAY, MONDAY, MONDAY, FEBRUARY 16 FEBRUARY 15 FEBRUARY 21 FEBRUARY 19 MEMORIAL DAY MONDAY, MONDAY, MONDAY, MAY 25 MAY 31 - MAY 29 INDEPENDENCE DAY FRIDAY, MONDAY, TUESDAY, JULY 3 JULY 5 JULY 4 LABOR DAY MONDAY, MONDAY, MONDAY, SEPTEMBER 7 SEPTEMBER 6 SEPTEMBER 4 COLUMBUS DAY MONDAY, MONDAY, MONDAY, OCTOBER 12 OCTOBER 11 OCTOBER 9 ELECTION DAY TUESDAY, TUESDAY, TUESDAY, NOVEMBER3 NOVEMBER2 NOVEMBER7 VETERANS DAY WEDNESDAY, THURSDAY, FRIDAY, NOVEMBER-11 NOVEMBER I I NOVEMBER 10 THANKSGIVING DAY THURSDAY, THURSDAY, THURSDAY, NOVEM 3ER 26 NOVEM 3ER 25 NOVEM 3ER 23 CHRISTMAS DAY FRIDAY, FRIDAY, MONDAY, DECEMBER 25 DECEMBER 24 DECEMBER 25 67=W 15:A A.MC WAMWPD Y �5 1 a Appendix Q RFP No. 7/10418 w SUMMARY PROVIDE ONE COPY OF THIS SUMMARY SHEET FOR EACH CATCHMENT AREA BID UPON. YOU MAY MAKE PHOTOCOPIES OF THIS FORM. PROPOSER: Seutheld teiin NutEitiea PEeg-Eam CATCHMENT AREA(see appendix O): Tnwn of R-117hn1 d � tha Norf•h Fork frr)M La3]re_Lt11_QrjETLt Pni nf- TARGET COMMUNITY Th V i 1 1 a g e n f r P_P n n n Y t MCONGREGATE R HOME-DELIVERED ❑CATERED a COOK ON SITE 69 Number of persons to be served each day-Congregate 107 Number of persons to be served each day-Home-Delivered Number of days per week for program Sat . and Sun. are home delivered e(_� )O :m Circle days of program M T W TH5A SU C ( ) S� 8 Hours of operation each day Monday through Friday. Location for congregate site: Ullman R0ee1're'e S�ntar 750 Pacific Street MattitUGk' D1.Y. 1195? Location of program administration, if different from congregate site: s a me a G s i t Please state any additional information affecting service delivery: OFFICE USE ONLY: *MODIFIED* , L 4 MAR 15 pri1 SUFFOLK COUNTY DEPARTHEiti FORTHEAGING