HomeMy WebLinkAboutSuff Co/Aging Congregate ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 127 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 25, 2003:
RESOLVED that thc Town Board of thc Town of Southold hereby authorizes and directs
Supervisor Horton to execute the Congregate Services Iniative contract a~reement with the
Court .ty of Suffolk for the p~riod of April 1, 2002 through March 31, 2003 all in accordance
with the Town Attorney.
Eiizabelh A. Neville
Southold Town Clerk
Office of the CouffiY Executive
Human Services Division
Rbbert J; smith
Director
County of Suffolk
Robert J. Gaffney
Suffolk County Executive
RECEIVED
Office for the Aging
Holly S. Rhodes-Teague
Director
2_003
$outhold Town Cleft
March 28, 2003
The Honorable Joshua Y. Horton
Supervisor
Town of Southold
530'95 Main Road, P.O. Box 1179
Southold, New York 11971
Congregate Services Initiative
IFMS No. SCS EXE 00000008169
Dear Supervisor Horton:
The fully executed agreement referenced above is enclosed for your files.
Sincerely,
Leonor Hunter
Fiscal Administrator
LH:MVK:lw
Enclosure
cc: Karen McLaughlin
(631) 853-8200
H. Lee Dennison Building · 100 Veterans Memodal Highway · P.O. Box 6100 · Hauppauge, NewYork 11788-0099 · FAX 853-8225
Over 25 years as the designated Area Agency on Aging Providing Services for Older Citizens
Law No. AG009M/00~[.'03N
Rev. 2/7/03
Congregate Services Initiative
IFMS No. SCS EXE 0000000 ~[~o~,
No. 001-6777-4980-95285-.<~tGq
Agreement
This Agreement, (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 Office for the Aging (Aging), having its
principal office at the H. Lee Dennison Building- 3rd Floor, 100 Veterans Memorial Highway,
Hauppauge, New York (Mailing address: Box 6100, Hauppauge, New York 11788-0099), and the
Town of Southold (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 available to the County a Congregate Services Initiative
by expanding the resources available to congregate programs. Sufficient funding exists in the
2003 SUffolk County Operating Budget.
Term of Agreement: Shall be April 1,2002 through March 31,2003.
Total Cost of Agreement: Shall not exceed $ 4,000.
Terms and Conditions: Shall be as set forth in Exhibits A through C attached.
In Witness Whereof, the parties hereto have executed this Agreement as of the latest date
written below,
Town of Southold
~osEua Y. Hbrton'
~,i~, Supervisor
Fed. Tax_piayer~lD #: 11-6001939
Date: 5/i0/0 ~
Approved as to Form, Not
Reviewed as to Execution:
Robert J. Cimino
Suffolk County Attorney
By:
J¢~hathan Bloom
A~sistant Oounty Attorney
Date
County of Suffolk
By:
Eric A.~lCeCp '
Chief Deputy County Executive
Date:
Approved:
Holly S. ~_¢lode~-Teague (~) DAte
Director, Office for the Aging
Reco~_jn~ ~nded:
Maureen Porta Date
Senior Citizens Programs Administrator II
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AG9 CSI sohld 02.doc
Law No. AG009M/00 -03N
Rev. 2/5/03
Congregate Services Initiative
IFMS No. SCS EXE 0000000
No. 001-6777-4980-95285-
Exhibit A
1. Purpose and Program
A. The Contractor shall furnish Aging with one or more programs for senior citizens of
Suffolk County (separately or collectively the "Program"), pursuant to (i) the Title of the Federal
Older Americans Act (42 U.S.C.A. §3030e et seq.) indicated on the cover page of this Agreement
and the applicable rules and regulations of the Ad ministration on Aging, United States Department
of Health and Human Services and/or (ii) the New YOrk State Program indicated on the cover
page of this Agreement, in accordance with the provisions contained in this Exhibit A and in the
following additional Exhibits, which are attached to and made part of this Agreement.
Exhibit A1
Exhibit B
Exhibit C
Exhibit D
Standard Contract Clauses
Program Specifications
Budget
Furniture, Fixtures and Equipment
B. The provisions of this Exhibit A shall prevail over inconsistent provisions of any other
Exhibit, and the provisions of Exhibits A, Al, and A2_ shall prevail over any other document not
specifically referred to in this Agreement or made part thereof by this Exhibit A or by subsequent
amendment in writing and signed by both parties except to the extent that provisions of this Exhibit
A, Exhibit A1 or A2 are specifically referred to and amended, superseded or deleted by such other
Exhibit or amendment.
2. Contract Term
The contract term shall be as set forth on the cover page of this Agreement and as set forth
on any extension agreements between the parties.
3. Reports
The Contractor shall submit reports as reasonably requested by the County, including
without limitation, any reports required by Exhibit B.
4. Limit 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.
5. Extension of Term (if applicable)
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 Contractor's
services, 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 limits
as set forth on the cover page of the Agreement, upon signature on behalf of the County. Such
Extension Agreement shall include the Total Cost of Agreement for the Extension Period and such
other modifications of the Agreement as may be agreed upon between the parties.
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AG9 CSI sohld 02.doc
Law No. AG009M/00 -03N
Rev. 2/5/03
Congregate Services Initiative
IFMS No. SCS EXE 0000000
No. 001-6777-4980-95285-
6. Termination In Case Of Bid Request, RFP Or RFQ (if applicable)
Notwithstanding anything otherwise provided in paragraph 5 above, Aging may elect not to
extend the term of this Agreement, or may terminate this Agreement as provided in the paragraph
headed "Termination" of Exhibit Al, if in the County's sole discretion, it issues a request for bids,
requests for proposals or request for qualifications for the services described in this Agreement
and the Contractor's response thereto does not result in a contract award to the Contractor.
- END OF TEXT OF EXHIBIT A -
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AG9 CSI sohld 02.doc
Exhibit A1
1.
[.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
TABLE OF CONTENTS
Contractor Responsibilities ..... : ................................................................................... 1
(a) Services .~ ......................................................................................................... 1
(b) County Review .................................................................................................
Term Of Agreement ....................................................................................................
Payment For Services ................................................................................................ 1
(a) Payment of Claims ........................................................................................... 1
(b) Budget ............................................................................................................. 1
(c) Payments Limited to Actual Net Expenditures ................................................. 1
(d) Claims .............................................................................................................. 1
(e) Taxes ............................................................................................................... 2
(f) Agreement Subject to Appropriation of Funds ................................................. 2
(g) Post-Audit .......................................................... · .............................................. 2
Accounting Procedures .............................................................................................. 3
Financial Statements And Audit Requirements .......................................................... 3
Addresses for Notices, Claims and Reports ............................................................... 4
Offset of Arrears or Default ......................................................................................... 4
Gratuities .................................................................................................................... 5
I nde pendent Contractor .............................................................................................. 5
Publications, Copyrights and Patents ......................................................................... 5
Insurance and Indemnification .................................................................................... 5
Nondiscrimination in Employment .............................................................................. 6
Nondiscrimination in-Services ..................................................................................... 6
Nonsectarian Declaration ........................................................................................... 7
Information Access ..................................................................................................... 7
Assignment and Subcontracting ................................................................................. 7
Termination ............................................................................................................... :.7
Severability; No Implied Waiver .................................................................................. 8
Merger; No Oral Changes .......................................................................................... 8
AG9 Exh A 1-03.doc
Exhibit A1
1. Contractor Responsibilities
(a) Services
The Contractor shall provide the services described in Exhibit B attached to and made part
of this Agreement during the Term of Agreement indicated on the cover page of this Agreement.
(b) County Review
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 County 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 in meeting the aforementioned responsibilities.
2. Term of Agreement
This Agreement shall cover the period provided on the cover page, unless sooner
terminated as provided below.
3. Payment for Services
(a) Payment of Claims
The County agrees to pay the Contractor as provided in Exhibit C. The total amount of
compeqsation and reimbursement shall not exceed the Total Cost of Agreement on the cover
page of this Agreement. If Exhibit C contains funds for nonconsumable furniture, equipment or
other tangible personal property, Exhibit D is annexed to and made part of this Agreement.
Payment under this A§reementshall not. duplicate payment from any other source(s) for
Contractor costs and services funded pursuant to this Agreement. Payment by the County shall
be made within thirty (30) days after approval by the Comptroller of the County of Suffolk.
(b) Budget
The Contractor expressly represents and agrees that the Budget, which is attached hereto
and made a part hereof as Exhibit C lists all personnel and/or all other costs of services to be
rendered by the Contractor under this Agreement, and the County agrees to provide a sum not '
to exceed the amount set forth on the cover page of this Agreement as its share of the cost of
furnishing such services.
(c) Payments Limited to Actual Net Expenditures
The Contractor agrees that if, for any reason whatsoever, the Contractor shall spend
during the term of the Agreement for the purposes set forth in this Agreement an amount less
than, or receive amounts more than, provided in the Budget, the total County payment under this
Agreement shall be reduced to the net amount of approved actual Contractor expenditures made
for such purposes, and that the total amount to be paid by the County shall not exceed the lesser
of (i) approved actual net expenditures or (ii) the Total Cost of the Agreement on the cover page
and in the Budget.
(d) Claims
Together with this Agreement, the Contractor shall submit a standard Suffolk County
Payment Voucher listing all information regarding the services and other items for which
expenditures have been or will be made in accordance with Exhibit C and during the term of this
Agreement. Either with the Agreement (for services already rendered and expenditures already
Page 1 of 8 pages of Exhibit A
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made), and/or not more than 30 days after the expenditures were made and in no event after the
31st day of January following the end of the term of this Agreement, the Contractor shall furnish
Aging with detailed documentation in support of the payment for services or expenditures under
this Agreement, e.g. dates of service, worksite locations and activities, 'hours worked and pay rate
and/or by program budget categories if Exhibit C contains budget lines. Disbursements provided
for in Exhibit C shall be paid by the Contractor and documentation, including any other form(s)
required by. Aging or the Suffolk County Department of Audit and Control, shall be furnished to
Aging pursuant to, and as limited by, the "Regulations For Accounting Procedures For Contract
Agencies" of the Suffolk County Department of Audit and Control. The Contractor shall be
entitled to no more than compensation and/or reimbursement as provided, in this Agreement for
the completion of all work, labor and services contemplated in this Agreement, and in full
reimbursement of all travel and other expenses of every nature and kind whatsoever,
' notwithstanding the total amount of time expended or expenses actually incurred. In addition to
any other remedies that the County may have, failure to supply the required documentation will
disqualify the Contractor from any further County contracts.
(e) Taxes
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.
(f) Agreement Subject to Appropriation of Funds
This Agreement is subject to the amount of funds appropriated and any subsequent
modifications 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.
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 available to Aging for payment of such
costs.
(g) Post-Audit
All payments made under this Agreement are subject to audit by the Suffolk County
Comptroller pursuant to Article V of the Suffolk County Charter. The Contractor further agrees
that the County Comptroller and Aging shall have access to and the right to examine, audit,
excerpt, copy or transcribe any pertinent transactions or other records relating to services under
this Agreement. 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 Agreement or
otherwise. The provisions of this subparagraph shall survive the expiration or termination of the
Agreement.
Page 2 of 8 pages of Exhibit A
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4. Accounting Procedures
(a) The Contractor agrees to maintain accounts, records, documents, and other
evidence and accounting procedures and practices which sufficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of the Agreement in accordance
with generaily accepted accounting principles, the "Regulations for Accounting Procedures for
Contract Agencies" as promulgated by the County Department of Audit and Control and any
financial directives promulgated by Aging.
(b) All records shall be subject at all reasonable times to inspection, review, or audit by
personnel duly authorized by Aging or by the County Comptroller or his duly designated
representative only to verify that payments were properly made and to verify the nature and extent
of costs of applicable services provided by Contractor. Such access is granted notwithstanding
any exemption from disclosure that may be claimed for those records which are subject to
nondisclosure agreements, trade secrets and commercial information or financial information that
is privileged or confidential.
5. 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 accountant (the "Auditor") to audit its .financial statements for each
Contractor fiscal year in which the Contractor 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
accounting 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. The Auditor must also prepare a
management letter based on the audit.
(d) Furthermore, if the Contractor is a non-profit organization or unit of local
govemment 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 accordance with OMB
Circular No. A-133 (revised June 24, 1997). Single Audit Reports must also be submitted to the
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designated clearinghouse, 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 Aging and to Executive
Director of Auditing Services, Suffolk County Department of Audit and Control, H. Lee Dennison
Building, 100 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 govemment 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 Aging and to the Executive
Director of Aud!ting Services 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 Aging 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 government for that purpose.
(,h) The provisions of the foregoing subparagraphs (a) through (g) of this paragraph shall
survive .the expiration or termination of this Agreement.
6. Addresses for Notices, Claims and Reports
(a) The Contractor shall mail any communication, notice, claim for payment, reports, or
other submission to Aging at the address on the cover page of this Agreement, 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 Contractor at its address on the cover
page of this Agreement or such other address of whiCh the Contractor shall have given the
County written notice.
(b) Any communication or notice regarding termination or litigation shall also be sent to
the following addresses or at such other addresses that may be specified in writing by Aging or
the County Attomey:
Suffolk County Department of Law
H. Lee Dennison Building - 6th Floor
100 Veterans Memorial Highway
P.O. Box'6100
Hauppauge, New York 11788
Attn: -Robert J. Cimino, County Attorney
7. 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 thisAgreement.
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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 br 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 386of the Suffolk County Code).
9. Independent Contractor
The relationship of the Contractor to the County shall be that of an independent contractor
and neither the Contractor nor any person hired by the Contractor shall be considered
employees of the County for any purpose.
10. Publications, Copyrights and Patents
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. 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 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, publish, translate or otherwise use any
such materials.
11. 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.
Unless otherwise specified by the County and agreed to by the Contractor, in wdting, such
insurance will be as follows:
(i) Commercial General Liability Insurance, including contractual
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.
(ii) 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.
(iii)Workers' Compensation and Employers Liability Insurance in
compliance with all applicable New York State laws and regulations
and Disability Benefits Insurance if required by law and shall 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 Contractor shall provide and maintain
Coverage during the term of this Agreement for the benefit of such
Page 5 of 8 pages of Exhibit A
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employees as are required to be covered by the provisions of the
Workers' Compensation Law.
(b) All policies providing such coverage shall be issued by insurance companies
acceptable to the County.
(c) The Contractor shall fumish to the County certificates of insurance or, on request,
odginal 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 thirty (30) days prior to any cancellation, nonrenewal or material
change. Such certificates, policies or other evidence of insurance and notices shall be mailed to
Aging at its address on the cover page 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 coverage, 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, 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, arising out of the
acts, omissions or negligence of Contractor, its agents, employees or subcontractors or of other
persons in connection with this Agreement.
12. Nondiscrimination in Employment
The Contractor shall not discriminate against employees or applicants for employment
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.
13. Nondiscrimination 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:
(i) Deny an individual any services or other benefits provided under the program:
(ii) 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;
(iii) 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;
(iv) 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 program;
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(v) Treat an individual differently from others in determining whether or not
the individual satisfies any eligibility or other requirements or conditions
which individuals must meet in order to ~eceive any aid, care, services, or
other benefits provided under the program.
(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 origin, 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:
(i) The types of services or other benefits to be provided under the
program, or
(ii) The class of individuals to whom, or the situations in which, such services or
other benefits will be provided under the program, or
(iii)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, Parts 84 and 85 entitled "Non-Discrimination on the Basis of Handicap in Program
Activities Receiving or Benefiting from Federal Financial Assistance."
(~d) The Contractor agrees to comply with the requirements of the Civil Rights Act of 1964.
14. Nonsectarian Declaration
The Contractor agrees that all services performed under this Agreement are secular in
nature, that no funds received pursuant to this Agreement will be used for sectarian purposes or to
further the advancement of any religion, and that no services performed under this program will
discriminate on the basis of religious belief. Furthermore, the Contractor agrees that all program
services are and will be available to all eligible individuals regardless of religious belief or affiliation.
15. Information Access
Subject to any applicable provisions of law or regulations, Aging shall not be denied
access to any information, records, or reports that are within the purview of this Agreement.
16. Assignment and Subcontracting
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 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, and any attempt to do
any of the foregoing without such consent shall be of no effect.
17. Termination
(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 immediately, or, at its
option, effective at a later date specified in the notice of such termination to the Contractor.
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(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
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 Aging, speCifying the reasons for termination and the effective date of termination.
(d) 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
termination shall be deemed delivered as of the date of its posted by certified mail or at the time it
is delivered to the other party by messenger.
18. Severability; No Implied Waiver
(a) It is expressly agreed that if any term or provision of this Agreement, or the
application the?eof 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 term 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
otherwise remain in full force and effect notwithstanding any such failure or forbearance.
19. 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 EXHIBIT A -
Page 8 of 8 pages of Exhibit A
AG9 Exh A 1-03.doc
Law No. AG009M/00 -03N
Rev. 2/6/03
Congregate Services Initiative
IFMS No. SCS EXE 0000000
No. 001-6777-4980-95285-
Exhibit B
Program Specifications
Congregate Services Initiative
1. Goals of the Program
The Contractor shall provide services and activities for well elderly in community settings
at which elderly people come together for services and activities that respond to their diverse
needs and interests, enhance their dignity, support their independence and encoura'ge their
involvement in and with the community and which seek to prevent the well elderly from requiring
more intensive services.
2. General
In general, but without limitation, the Contractor shall be required to meet the criteria listed below:
A. The Contractor will provide services which may include but are not limited to:
i. information and referral
ii. transportation
iii. nutrition-related services that deal with hunger among the elderly
iv. socialization/companionship
v. educational and cultural opportunities
vi. counseling
vii. support services for families/caregivers
viii. volunteer opportunities
ix. employment services information
x. health promotion and disease prevention services
B. The Contractor will be responsible for providing a 25% local match by local funds or
allowable in-kind service.
C. The Contractor will target services to those elderly having the greatest economic
and social needs. The following four target groups have been identified as having the
greatest economic and social needs: minorities, Iow income, frail and vulnerable.
D. The Contractor will provide reports as requested by Aging, but not less often than
once every three months, including but not limited to unduplicated number of elderly served
and units of service.
E. All materials purchased with funding provided by this Agreement shall include the
following on any printed materials and on all brochures, flyers, and advertisements
(including without limitation television graphics):
Congregate Services Initiative Program
Funding provided by the
Suffolk County Office for the Aging
and the New York State Office for the Aging
-- End of Text of Exhibit B
AG9
AG9 CS[ s0hld 02.doc
Law No. AG009M/00 -03N
Rev. 2/5/03
Congregate Services Initiative
IFMS No. SCS EXE 0000000
No. 001-6777-4980~95285-
Exhibit C
Budget
Town of Southold
Congregate Services Initiative
April 1, 2002 - March 31, 2003
EQUIPMENT & SUPPLIES
Chairs
TOTAL
Less Contractor's Match
NET REIMBURSEMENT
$5~472 '
5,472
$5,472
(t,472)
$4,000
AG9
AG9 CSi s0hld 02.doc
EXHIBIT D - FURNITURE, FIXTURES, EQUIPMENT, ETC.
1.PRIOR APPROVAL TO PURCHASE FURNITURE, FIXTURES, EQUIPMENT
Prior t~ placing any order to purchase, rent, or furniture, fixtures, or equipment, valued in excess of
three hundred dollars ($300.00) per unit in the budget attached to this Agreement, the CONTRACTOR shall
submit to the COUNTY a written request for approval to make such a proposed purchase, rental, or lease,
with a list showing the quantity and description of each item, its intended location and use, estimated unit
price or cost, extended price or cost and estimated total cost of the proposed order. Written approval of the
COUNTY is required before the CONTRACTOR may proceed with the proposed purchase, rental, or lease
of furniture, fixtures, or equipment. All items purchased will be new unless specifically described otherwise
in the budget.
2. FURNITURE, FIXTURES, EQUIPMENT, MATERIALS, SUPPLIES
(a) Purchase Practices
The CONTRACTOR agrees to follow all of the general practices that are designed to obtain furni-
ture, fixtures, equipment, materials or supplies at the most reasonable price or cost. The COUNTY reserves
the right to purchase or obtain furniture, fixtures, equipment, materials or supplies for the CONTRACTOR
for the purposes 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 CON-
TRACTOR for any purpose whatsoever.
(b) Interest of COUNTY
The COUNTY shall retain a proprietary interest in all furniture, removable fixmres~ equipment, ma-
terials or supplies purchased or obtained by the CONTRACTOR and paid for or reimbursed to the CON-
TRACTOR by or from COUNTY funds pursuant to the terms of this Agreement or any prior agreements.
Upon the termination of this Agreement, or of any renewal thereof, the discontinuance 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 CON-
TRACTOR 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 sup-
plies, and the same 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 identi-
fying labels on said property indicating the interest of the COUNTY.
(c) 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 agreements,
if any, covering the Program. Three (3) months before the termination date of this Agreement, the CON-
TRACTOR 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 CONTRACTOR, 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 Agreement, 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 CONTRACTOR, based on a physical count of all items of furniture,
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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.
(d) . 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, bur-
glary, 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 CONTRACTOR 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, fmtures, equipment, materials or
supplies from any cause, the CONTRACTOR immediately shall send the COUNTY a detailed, written re-
port thereon.
(e) 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 CONTRACTOR'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 disposition, settlements or adjustments con-
necte~l 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 -
Page 2 of 2 pages of Exhibit D
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