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HomeMy WebLinkAboutSC Office for the Aging - Shopping Assistance Program RESOLUTION 2024-463 ° ADOPTED" DOC ID: 20270 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-463 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 21, 2024: RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J Krupski, Jr. to execute the Southold Shopping Assistance Program Contract (00 1-6777-KIT 1-4980-95285) between the County of Suffolk Office for the Aging and the Town of Southold, for the period of January 1, 2024 through December 31, 2024, with an option, to be exercised at the County's discretion, to June 30, 2025 on the same terms and conditions, for a maximum of 600 units of shopping assistance and other services, in accordance with a federally funded subrecipient agreement award and a no cost to the Town; subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Anne H. Smith, Councilwoman SECONDER:Brian O. Mealy, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Evans ABSENT: Jill Doherty RECEIVED COUNTY OF SUFFOLK JUL 19 2024 Southold Town Clark Edward P.Romaine COUNTY EXECUTIVE OFFICE FOR THE AGING Holly S.Rhodes-Teague DIRECTOR June 11, 2024 The Honorable Albert J. Krupski Jr., Supervisor Town of Southold 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 RE: Shopping Assistance Program Dear Supervisor Krupski, The fully executed agreement referenced above is enclosed for your files. Attached is a copy of All Department Heads Memorandum 30-97 explaining budget modification requirements. Any budget modification not meeting these requirements may be delayed or rejected by the Budget Office. Also enclosed find the Notification of Rights, which must be posted as part of your compliance with Local Law No. 12-2001, the Living Wage Law. If you need further information, please contact Tina Simonella, Contract Management Analyst, at 631-853-8214. Sincerely, A nr, - .WI Ib fTY_ Patricia Burke Administrator IV PB:TS:Id Enclosures cc: Tina Simonella Jacqueline Martinez NOTIFICATION OF RIGHTS UNDER THE LIVING WAGE LAW According to the provisions of Local Law # 12-2001 (the Living Wage law) enacted by Suffolk County in July of 2001, a living wage rate was established. The Living Wage shall be adjusted each year in proportion to the increase of the area Consumer Price Indek. Effective January 1, 2024, the Living Wage will increase to $16.63 per hour with health benefits and $16.77 per hour without health benefits for covered employees of an agency receiving financial compensation through the County. The law also mandates that full time workers receive at least 12 compensated days off per year through'any combination of sick, vacation or personal leave and includes paid holidays provided by the employer. The Suffolk County Department of Labor has been designated as the agency to administer this law and to this end has established a Living Wage Unit. Further information concerning the parameters of the Living Wage law may be obtained by contacting this Unit (631-853-3808) or accessing the Suffolk County web page at www.co.suffolk.ny.us/labor and following the link to the Living Wage section. All inquiries will remain confidential. J � 03-05 OFFICE OF THE COUNTY EXECUTIVE ff�� � E ALL-DEPARTMENT-HEADS-MEMO�NDUM Y. ILI jVV7` /ah`.,,rlc1 G�S1 e DATE. January 10, 2005 BUDGET CO .CT 1FICATION APPRO'VAI, Pursuant to a request by County ,Departments and various contract agencies to update a"'n streamline the budget contract modification process, the folio d replacement staff will be effective January 1,2005. wmg cage m aPProvals of Sub'ect to the availabili of_ in a rovaI for the restw enc Kii f w If you have any questions,please contact Allen Kovesdy of the Budget Office of 85(3)-4739. .KE S.LAW Chief Deputy county ]dis ibution ecn e/Geaaerai Counseltr '..1 Department Heads BUDGET MODIFICATIONS REQUIREMENTS: 1. Non-equipment requests for contract budget modifications must be received at the County Executive's Budget Office no later than 45 calendar days prior to the end of the contract fiscal year. Equipment modifications must be received 90 calendar days prior to the end of the contract fiscal year. 2. Under no circumstances can expenditures for which a budget modification is being requested be made rp for to the approval of the modification by the Budget Office. 3. An agency will be restricted to three approved modifications per year. 4. Each line item requested to be modified must be fully justified and must be directly related to the intent of the program. 5. Any transfers to increase salary rates of contract employees, create new positions, or change the title of a position, must be submitted prior to the rate increase being given or the position being filled. The Budget Office will not approve retroactive salary increases. The only exception applies to a retroactive labor agreement between an agency and their union bargaining unit(s). 6. Budget modifications cannot increase the dollar amount of the contract. PROCEDURE: 1. Four copies of the proposed budget modification and one copy of the justification, including a letter from the agency requesting the change, should be forwarded to the Budget Office with the department's recommendation within fifteen(15) calendar days of receipt of the request by the department. 2. The justification must include the effect of the modification on the program, changes in the available reimbursement to the County, if any,the additional dollar amount which will be paid to the agency, and the dollar amount of reimbursement to the County, if the modification is approved. 3. If the contract is funded under a Federal or State grant, or State reimbursement,the Department Head must advise in the transmittal memo whether State or Federal approval for the modification is required and whether the attached documentation showing the change has been approved by the funding agency. 4. The budget modification format must indicate the line item,the current budget amount,the amount spent year to date, the new amount of the line item and the dollar amount of the change. Y4 Rev. 1/30/2024;Law No. oZ y f} . p�5. _ IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 Southold Shopping Assistance Program This Contract("the Contract") is between the County of Suffolk("the County"), a municipal corporation of the State of New York,acting through its duly constituted Office for the Aging("the Department"), located at the 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 an address at 53095 Main Road,P.O.Box 1179, Southold,New York 11971. The Contractor has been designated to receive funds from the County to provide a Shopping Assistance Program for the Elderly("the Services") as set forth in Article I, entitled"Description of Services." Term of the Contract: January 1,2024 through December 31,2024;with an option,to be exercised at the County's discretion,to June 30,2025 on the same terms and conditions herein. Units of Service: 600 Units of Shopping Assistance 50 Unduplicated Served Total Cost of the Contract: Shall not exceed$40,000.00,to be paid as set forth-in Articles V and VI as set forth herein,unless revised by a Suffolk County Resolution and in accordance with paragraph Le. of Article V of this Contract. Terms and Conditions: Shall be as set forth in Articles I through VI, attached hereto and made a part hereof. In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below. Town of Southold County of Suffolk Albert J. pski,Jr. Kevin B.Molloy Supervisor Chief Depu C unty xecutive Fed. Tax ID#: 11-6001939 ! � Date Date 6 hereby Approved: certifies under penalties of perju that I airran officer of Suffolk County Office for the Aging that I have read and I am familiar with§A5-8 of Article V of the Suffolk By: County Code,and that-1—G,--, -(- S,�,.,,A4 .1 meets Holl Rhodes-Teague all requirements to qualify for exemption thereunder. Director, O icejor the Aging Date o� Name Dates,/�L 4- Recomme eq.- Approved as to Form: By: f , Christopher J. Clayton Nrichelle Belsky Suffolk County Attorney Food Servi . p :I isor By: Date Jacqueline Caputi 6-1 Assistant County Attorney Date 0083443 1 of 40 pages Rev. 1/30/2024;Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 List of Articles Article I Description of Services 1. Conflicting Provisions 2. Goals of Program 3. General Terms and Conditions 4. Administration 5. Contractor's Staff 6. Coordination 7. Targeting and Outreach 8. Equal Access 9. Reporting Requirements 10. Incident Reporting 11. Confidentiality 12. Promotions and Advertisements 13. Contributions 14. Participant Comments and Satisfaction Surveys 15. Monitoring 16. Grievance Procedures 17. Certificate of Incorporation 18. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013 19. Suffolk STAT Contractor's Narrative Article 1A Grievance Procedures I. Purpose H. Notifying Participants of Right to File Grievance III. Grievance Process IV. Recordkeeping V. Confidentiality Article II Definitions 1. Meanings of Terms 2. Elements of Interpretation Article III General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations b. Qualifications,Licenses, and Professional Standards c. Notifications 2 of 40 pages Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 d. Documentation of Professional Standards e. Credentialing f. Engineering Certificate 2. Termination a. Thirty Days Termination b. Event of Default; Termination on Notice c. Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger;No Oral Changes 8. Set-Off Rights 9. Non-Discrimination in Services and Employment 10.Nonsectarian Declaration 11. Governing Law 12.No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor 18.No Intended Third Party Beneficiaries 19. Certification as to Relationships 20. Publications 21. Copyrights and Patents a. Copyrights b. Patents 22. Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24. Certification Regarding Lobbying 25. Record Retention 26. Contract Agency Performance Measures and Reporting Requirements-Local Law No. 41-2013 27.Notice Article IV Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 3 of 40 pages Rev. 1/30/2024;Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 8. Non Responsible Bidder 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 12. Safeguarding Personal Information of Minors 13. Contract Agency Performance Measures and Reporting Requirements 14. Suffolk County Local Laws Website Address 15. Suffolk County Code of Ethics 16.Notification of Cyber Security Breach Article V General Fiscal Terms and Conditions 1. General Payment Terms a. Presentation of Suffolk County Payment Voucher b. Voucher Documentation c. Payment by County d. Budget Modification e. Budget and/or Services Revisions f. Taxes g. Final Voucher 2. Subject to Appropriation of Funds 3. Personnel Salaries, Pension and Employee Benefit Plans,Rules and Procedures 4. Accounting Procedures 5. Audit of Financial Statements 6. Financial Statements and Audit Requirements 7. Furniture,Fixtures, Equipment, Materials, Supplies a. Purchases, Rentals or Leases Requiring Prior Approval b. Purchase Practices/Proprietary Interest of County c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Property in Contractor's Custody f. Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non-County Funded Activities e. Potential Revenue f. Payments Contingent upon State/Federal Funding g. Denial of Aid h. Budget i. Payment of Claims j. Payments Limited to Actual Net Expenditures k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 4 of 40 pages Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 1. Salaries m. Salary Increases n. Contractor Vacancies o. No Limitation On Rights p. Comptroller's Rules and Regulations Article VI Budget 5 of 40 pages Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 Article I Description of Services Whereas,the Contractor has been identified in the 2024 Suffolk County Adopted Budget under the pseudo code as listed on page one of the Contract to perform the Services for the Department; and Whereas,the continuity of service delivery is considered to be in the best interest of the County and the elderly residents of Suffolk County for the best possible outcomes; Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Goals of the Program The Shopping Assistance Program ("The Program")provides assistance to Suffolk County residents aged sixty(60) and over, Clients who have difficulty accessing essential products due to illness, incapacity, disability or the absence of a caregiver. Specifically,the program provides Clients with assistants, who help Clients order essential items, such as groceries and medication, via online shopping, curbside pick-up, and/or shopping in person. 3. General Terms and Conditions In general, but without limitation,the Contractor shall be required to meet the criteria listed below: a. The Contractor may not impose a means test of eligibility. No income or asset information may be used to determine eligibility for service notwithstanding any other provisions of this Contract. b. The Contractor and all of their subcontractors shall adhere to the terms of the Department's New York State (NYS) Area Plan,to the extent that the program is a part thereof, and the Department agrees to make the NYS Area Plan available to the Contractor. C. The Contractor is to afford priority to servicing those elderly persons whom New York State has identified as the target population(minority, low-income, frail, and vulnerable) in accordance with paragraph 8 below. d. Persons eligible for or receiving the same or a similar service under another government-funded program are not eligible for this service. However, determination of eligibility must be done on an individual basis recognizing specific circumstances as they pertain to the person's need. e. The Contractor may not charge any fees for services. 4. Administration Overall administration of this program will be the responsibility of the Contractor. The Contractor or its designee will ensure proper implementation and direction of the services, act as liaison between the 6 of 40 pages ARTICLE I C p,. Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 Department and the actual recipients of service and ensure accuracy and timeliness of submission of all reporting forms and expenditures. S. Contractor's Staff a. The Contractor shall employ adequate numbers of qualified staff, which may include volunteers, and supervisory personnel to meet all the specifications and responsibilities of the program in an orderly,punctual, and reliable manner. All meetings and trainings required by the County are to be attended by the appropriate staff. The Contractor will have on file with the Department the procedures to be followed by workers and other staff in case of emergency. b. The Department has the right to review and approve Contractor's staff applicable to the Program. C. The provisions of this paragraph 6 are in addition to the provisions of Article V,paragraph 10, subparagraph n. 6. Coordination The Contractor shall coordinate the delivery of services with other providers and organizations to provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish this,the Contractor will undertake activities such as, but not limited to,participation in inter-agency meetings, coordination of referrals and follow-ups with other local service providers, entering into agreements with other organizations for joint efforts and/or funding, centralized assessment and maintaining up-to-date resource materials both within and outside the Contractor's organization. 7. Targeting and Outreach a. The Contractor,to the extent it has discretion regarding to whom it will provide services, must give preference to providing services to those unserved and underserved older adults in greatest social or economic need particularly those older adults who are: low-income, low-income minorities, individuals with limited English proficiency,rural residents,Native Americans, institutionalized or those at risk for institutionalization,individuals with Alzheimer's and related disorders, individuals with disabilities, caregivers of individuals with Alzheimer's related disorders and individuals with disabilities, minorities, frail, vulnerable, LGBT and homebound, in accordance with their need for such services and to meet the specific objectives established by the Department within the PSA(OAA §305 (a)(2)(E)). The term"greatest economic need"is defined as the need resulting from an income at or below the poverty levels as established annually by the U.S. Office of Management and Budget. The term "greatest social need" refers to the need caused by non-economic factors which include physical and mental disabilities, language barriers and cultural;social or geographical isolation including isolation caused by racial or ethnic status that restricts an individual's ability to perform normal daily tasks or threatens the capacity of the individual to live independently(OAA §102 (23 and 24)). b. The Contractor agrees to concentrate the services on older adults in the targeted populations identified by the Department following the methods the Department has established for complying with the targeting requirements under the OAA and the Equal Access and Targeting Policy issued by the New York State Office for the Aging. Consistent with the OAA and NYS applicable regulations, including the following laws: the Older Americans Act(OAA), Title III of the Code of Federal Regulations, 45 CFR 1321; the NYS Elder Law and relevant NYS regulations (Title 9, Subtitle Y of the New York State Code of Rules and Regulations); the 7 of 40 pages ARTICLE I Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 Contractor's targeting goal is to substantially increase the numbers of older adults from targeted population groups (minority, low-income, frail, vulnerable). C. The following target groups have been identified as having the greatest economic and social needs: minority, low-income, frail and vulnerable. i. Minority—persons of Black, Hispanic, Asian,Native American (American Indian), Alaska Native,Native Hawaiian or Other Pacific Islander origins. Persons whose origins are of Two (2) or More Races or who are identified as being in a racial category different from those above (other than white) may be included(see the Other Race or.Two (2) or More Races categories, defined below). a) Black-refers to a person who has origins in any of the Black racial groups of Africa. This includes, for example,persons who self-report as Black, African American, Kenyan,Nigerian,Haitian or other applicable identification. b) Hispanic(or Latino) -refers to a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race. Hispanic origin can be viewed as the heritage,nationality group, lineage, or country of birth of the person or the person's parents or ancestors before their arrival in the United States. People who identify their origin as Hispanic, Latino, or Spanish may be any race. c) Asian-refers to a person having origins in any of the original peoples of the Fax East, Southeast Asia, or the Indian subcontinent, including,but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,the Philippine Islands, Thailand, and Vietnam. d) American Indian or Alaska Native -refers to a person having origins in any of the original peoples of North and South America(including Central America) and who maintains tribal affiliation or community attachment. This category includes people who indicated their race(s) as "American Indian or Alaska Native" or reported their enrolled or principal tribe, such as Navajo, Blackfeet,Inupiat, Yup'ik, and/or Central American or South American Indian groups. e) Native Hawaiian or Other Pacific Islander-refers to a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. f) Other Race or Two (2) or More Races -this category includes persons who self-identify as multiracial, mixed, interracial, or a racial category other than white, not included in the descriptions above. ii. Low-Income- Persons with incomes at or below one hundred percent(100%) of the poverty level. iii. Frail- Persons with one (1) or more functional deficits in the following areas: a) Physical functions; b) Mental functions; 8 of 40 pages ARTICLE I Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 c) Activities of daily living (eating, bed/chair transfer, dressing,bathing, toiletry and continence); and/or, d) Instrumental activities of daily living (meal preparation,housekeeping, shopping, medications,telephone, travel, and money management). iv. Disabled -Any person who has a physical or mental impairment which substantially limits one (1) or more major life activities,has a record of such impairment, or is regarded as having such impairment. This includes alcoholism and drug addiction. V. Vulnerable -Persons with a deficit of social resources, those who are isolated socially, linguistically or geographically, and/or those affected by other environmental conditions including the following: a) Language barriers; Limited English Proficiency- Individuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English may be limited English proficient, and may be eligible to receive language assistance with respect to a particular type of service, benefit, or encounter. b) Rural residence; c) Persons with disabilities; d) Institutionalized or at risk of institutionalization; e) Lesbian, gay, bisexual, transgender(LGBT) older adults; f) Low literacy; g) Older adult caregivers of children with developmental disabilities, mental illness, or other disabilities requiring a caretaker(e.g.,traumatic brain injury); h) Homebound; and, i) Alzheimer's or other Dementia. d. In order to comply with Targeting requirements, the Contractor must employ Outreach Strategies which may include,but are not limited to, locating target populations using Census or other resource data,translated printed materials, location of services in catchment areas for targeted populations,publicity to community-based groups, and minority staff/volunteers. 8. Equal Access a. The Contractor shall comply with requirements for equal access including language accessibility, nondiscrimination and concentration of services on target populations. b. The Contractor shall adopt staffing procedures which provide for services to be delivered in a language other than English in areas where a significant number of Clients do not speak English as their principal language. C. The Contractor shall provide maximum accessibility to those older adults in greatest economic or social need, and ensure that new sites be free from architectural barriers that limit participation of disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1) and Section 504 of the Rehabilitation Act of 1973). Accessibility requirements include provision of services and assistive devices (including assistive technology services and devices) designed to meet the unique needs of older individuals who are disabled, and of older individuals who provide uncompensated care to their adult children with disabilities. Providers must ensure that 9 of 40 pages ARTICLE I Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 communications with individuals with disabilities are as effective as communications with others (ADA, 28 CFR 35.160-35.164). For example, auxiliary aids and services may include: • For individuals who are deaf or hard of hearing: qualified interpreters,note takers, computer-aided transcription services, written materials,telephone handset amplifiers, assistive listening systems,telephones compatible with hearing aids, closed caption decoders, open and closed captioning,telecommunications devices for deaf persons (TDDs), videotext displays, and exchange of written notes. • For individuals with vision impairments: qualified readers,taped texts, audio recordings,Brailed materials,large print materials, and assistance in locating items. • For individuals with speech impairments: TDDs, computer terminals, speech synthesizers, and communication boards. d. Additionally, consistent with the Civil Rights Act of 1964, Title VI,the Title VI regulations, federal Executive Order 13166, and the NYS Human Rights Law. All AAAs and subcontractors are required by law to take reasonable steps to provide meaningful access to limited English proficient persons. All aging services providers are obligated to provide reasonable,timely, and appropriate language assistance to the limited English proficiency(LEP)populations each serves. Mandated Action: The Contractor shall, at a minimum, maintain a telephonic interpretation service contract or similar community arrangement with a language interpretation services_provider of their choice. The Contractor's staff for this Program with public contact must be aware of, and trained in the timely and appropriate use of,these language services. The Contractor shall also ensure that LEP persons are informed of the availability of language assistance, free of charge, by providing written notice in languages LEP persons will understand at service locations. 9. Reporting Requirements One (1) shopping assistance unit equals one contact for shopping. a. The Contractor shall submit to the Department monthly reports covering program activity and expenses incurred during the reporting period. Such reports must be submitted to the Department by the eighth(8ffi)day of the month following the period being reported, and be on a form specified by the Department and shall comply with all procedures required by the Department for the proper payment of vouchers and audits. b. Financial reports, or vouchers, also must never contain the names of the Clients served, but may be coded to indicate the particular client served. Demographics The Contractor must at a minimum determine and maintain the following specific type of demographic information for each individual receiving services: • Name. • Sex. • Age. 10 of 40 pages ARTICLE I Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 • Disabled/Frail. • Vulnerable. • Live Alone. • Low-Income - The need resulting from an income level at or below the poverty threshold, as established by the Bureau of the Census and updated annually as follows: Size of FamilUnit 100 % of Poverty Threshold 185 % of Poverty Threshold 1 $15,060/year $27,861/year 2 $20,440/year $37,814/year • Minority. • Low-Income Minority-those minority persons whose income is at or below the poverty threshold. 10. Incident Reporting a. The Contractor agrees to provide the Department with reports of all instances of claims, costs, damages, and injuries to persons or property of whatsoever kind arising out of services provided under this Agreement. All such notifications should be given to the Department immediately after the incident, if possible, but in no case longer than five (5) days after the incident. The Contractor further agrees to send the Department copies of all"notices of claim" or,any other papers relating to litigation it receives relating to the program covered under this Contract. b. The Contractor will report at least verbally to the Department,within twenty-four(24)hours any incidents involving the client, whether the incident requires medical attention or not. A written follow up of such incident shall be sent to the Department within five (5) days of occurrence. The Contractor will report any circumstances outside normal events that affect the well-being of the client, including deteriorating conditions and significant changes that might lead to unsafe conditions for the client. 11. Confidentiality Confidential records shall be maintained on each recipient. Reports, as required by the Department, should not contain the names of any Clients, and identifying codes should be used to indicate particular Clients served, if necessary. a. The Contractor agrees that no personal information obtained from an individual in conjunction with this program shall be disclosed in a form in which it is identified with the individual without such individual's written consent to such disclosure, except to the Department. b. In the case of a request by the Department for names and addresses of individuals participating in the program,the Contractor shall furnish such information as requested. Failure to comply with a request by the Department for such information shall be deemed a material breach of this Contract and shall result in a freeze on all monies due and owing to the Contractor until compliance by the Contractor. 11 of 40 pages ARTICLE I S T; Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 12. Promotions and Advertisements a. It is the responsibility of the Contractor to provide publicity for the program and 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: Funded by the New York State Office for the Aging and the Suffolk County Office for the Aging b. Any announcements of the program on radio or television must identify funding in the same manner. C. The provisions of this paragraph supersede the provisions of paragraph 20 of Article III. 13. Contributions a. The Contractor may not impose a means test of eligibility. No income or asset information may be used to determine eligibility for service notwithstanding any other provisions of this Contract. Any Suffolk resident sixty(60)years of age or older is eligible to receive this service. b. The Contractor has the obligation to inform each recipient of the service, of the opportunity to make a completely voluntary and anonymous contribution toward the cost of the service. Service may not be denied,however, if a person is unable or unwilling to make a contribution. An audit trail of all incoming contributions received must be reported monthly. All contributions are used to expand the service. The letter sent to each recipient annually informing him/her of these facts must include the sources of funding for the program and must include the following information: Contributions are welcomed and are used to expand this service. Contributions to this (these) service(s) are completely voluntary and anonymous. Service will not be denied if you are unable or unwilling to contribute. Any contribution you wish to make will be used to expand the program and will be greatly appreciated. C. Individuals with self-declared incomes at or above one hundred eighty-five percent(185%) of the federal poverty line will be encouraged to contribute at levels based on the actual cost of services. 14. Participant Comments & Satisfaction Surveys Pursuant to the NYS Office for the Aging Regulations Section 6654.8, the Contractor shall develop and implement procedures to obtain the views of program participants about the services they receive. Copies of records of such views shall be maintained for at least seven(7)program years and shall be available to the Department for inspection upon request. Such method shall respect the client's right to confidentiality. In any event, at conclusion of the service, but not less often than annually, the Contractor shall send each recipient an evaluation letter and survey in the form approved by the Department. 12 of 40 pages ARTICLE I Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 15. Monitoring a. Financial Transactions The Department's staff and staff of the New York State Office for the Aging may examine or review evidence regarding the existence, timing and classification of financial transactions that are charged to the program for reimbursement. To obtain this evidence, such staff may examine documentary evidence, including financial statements, financial reports, and original records. Such staff may make physical verification by actually observing or counting certain assets (e.g., cash, equipment and supplies)to establish their physical existence. b. Program Subject to the limitations of client confidentiality, the contractor agrees to permit the Department's staff and staff of the New York Office for the Aging to review program records and to monitor training, supervision and services at any time. 16. Grievance Procedures In accordance with§306(a)(10)of the Older Americans Act,as amended(OAA),the Department has established a process for resolving complaints from older persons who are dissatisfied with or denied services funded under Title III of the Act. The Contractor shall comply with the requirements of the Grievance Procedures as set forth in Article IA-Grievance Procedures. 17. Certificate of Incorporation The Contractor (if not a town or other municipal corporation) shall furnish the Department with certified copies of its Certificate of Incorporation and bylaws, including any amendments thereto, at the time it signs this Contract,to the extent not already on file with the Department, and any amendments thereto during the term of this Contract 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 the Department. 18. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013 a. If payment under this Contract may exceed $50,000, it is subject to the requirements of Suffolk County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of Chapter 189 of the Suffolk County Code)as set forth in Article IV of this Contract entitled"Suffolk County Legislative Requirements." b. The Contractor shall cooperate with the Department in all aspects necessary to carry out the requirements of Local Law No. 41-2013. 13 of 40 pages ARTICLE I Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 19. SuffolkSTAT For contracts subject to Suffolk County Local Law No.41-2013,the Contractor shall submit monthly actual performance data, also known as key performance indicators ("Ms") for the prior month's data, and analysis of the Contract performance measures via the County's SuffolkSTAT application by linking onto http://s uffolkstat.suffo lkco untnny.aov. There are no KPI's reported for this contract now. 14 of 40 pages ARTICLF,T s Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 Contractor's Proposal and Response for Targeting and Equal Access 15 of 40 pages ARTTC'T.F T JACQUELINE MARTINEZ Nutrition Program Senior Citizens Program � Director, >,ON Home Delivered Meals § t�, Case Management Town of Southold P.O.Box 85 ;K.. Essential Transportation 'xa" Shopping Assistance .750 Pacific Street 1 1 .�. �: x ans Program Mattituck,NY 11952 + ,.,.. y � � �,, Senior Adult Day Tel.(631)298-4460 �� � �� Care/Katinka House Fax(631)298-4462 ', Alzheimer's Day Care Residential Repair Town of Southold CSE Shopping Assistance Program Program Narrative 1/1/24—12/31/24 Program Narrative: Southold Town's Shopping Assistance Program is a shopping program for seniors who are unable to independently shop for groceries and/or medications for themselves. It is available for those seniors who are essentially homebound,with mobility issues and no informal or formal supports in place to meet their shopping needs. The current 3 options for Southold Town's Shopping Assistance Program are as follows: 1. Direct escort assistance with shopping. Program staff will transport seniors to and from the market/pharmacy and assist them with shopping and transporting their groceries. 2. Direct assistance with online ordering of groceries and other essentials. Program staff will schedule an in-home appointment to help seniors place their digital order using an electronic tablet equipped with a Jet Pack signal booster. This allows for improved access to the internet through a cellular connection thus eliminating the need for preexisting internet Wi-Fi service. Seniors will be required to use their credit card when placing their orders and pick up or delivery plans will be coordinated with program staff. If an order is scheduled for pick up, our driver will deliver to the home and complete the order by reviewing and verifying with the senior the order is correct. If the groceries are scheduled for delivery,program staff will coordinate the delivery date and time with the senior and verify the order once received. Duplicate copies of orders will be maintained in the client's confidential file with all credit card information redacted. 3. Program staff will provide remote shopping assistance to seniors from the Senior Center. Telephone appointments will be scheduled and orders will be placed online on behalf of the senior. Delivery or pick up will be coordinated with program staff and the senior will be assisted as needed with receiving and reviewing their order for accuracy. Seniors will provide their credit card information to complete their order and no credit card information will be kept on file. Our Galaxy S8 5G Tablet continues to be available to provide access to both the Direct assistance online and remote shopping options for those seniors who do not have internet service and/or are not computer literate. For the 1/1/24 -12/31/24 program year, our goal is to provide 600 units of service to 50 unduplicated seniors. An envelope will be provided to allow seniors to make a voluntary and anonymous contribution. Our suggested contribution will remain at$5.00 and no senior will be denied service due to inability or unwillingness to pay. For the 1/l/23 -12/31/23 program year, Southold Town Senior Services provided 145 units of service to 11 unduplicated seniors. While these totals fell well below our projected goal for the 2023 program year,they do reflect an overall increase from the previous year. The majority of units of service provided were Direct escort assistance shopping,but remote shopping assistance was used by a senior who ordered her groceries online which we picked up and delivered to her home. One of the most challenging parts of aging is the inability to complete basic self-care tasks on a day-to-day basis required for independent living. Due to a variety of health issues and some of the general effects of aging,many seniors have difficulty with their Activities of Daily Living or ADLs (i.e., functional mobility) and Instrumental Activities of Daily Living or IADLs (i.e., managing transportation, shopping,handling finances, etc.). Seniors who are able to shop independently will be enrolled in our current senior transportation program which provides regular route shopping service throughout the community. Identifying and prioritizing seniors who would benefit most from this service is accomplished initially by using the existing COMPASS Assessment Tool. Clients enrolled in our home delivered meal program receive a comprehensive assessment to determine program eligibility. The assessment includes several key components that may serve as indicators there is an unmet need. These sections address the client's status in the following areas: 1. Living Arrangements (frail/live alone). 2. Technology (barriers to using a computer to meet needs and access services). 3. Health Status (chronic illness and/or disability). 4. Nutrition(BMI and NSI tools to identify nutrition problems including physical inability to shop for food). 5. Medication(inability to physically obtain medications). 6. IADLS History(reviews current activity status and notes if needs are met by informal or formal supports or remain unmet. Specifically addresses shopping and transportation 7. ADLs History(addresses specific mobility limitations). 8. Services Receiving (lists provider information on current services utilized, including assisted transportation and shopping). Seniors are prioritized by greatest need and contacted by our HDM Assessor to see if there is an interest in enrolling in the Shopping Assistance Program. Follow up contact will be completed by program staff who will review service parameters with the senior and determine what shopping assistance option is the best fit to meet the needs of the individual. z � Equal Access to Services and Targeting Plan: The population of aged 60+residents in Southold Town is approximately 32.23% according to 2010 census data. Targeting and expanded outreach efforts will continue to be a major priority for the upcoming year. In following guidelines set forth under the Older Americans Act, Southold Town Senior Services continues our commitment to our goal of providing transportation services to underserved and/or minority elderly residents. According to the 2010 U.S. Census, 3.47%of the elderly residents in Southold Town are minority. Our percentage of minority seniors served was 5.7% which was above our targeting goal of 3.47%. We hope to increase visibility of the shopping assistance program with emphasis on improving access to the four target groups which have the greatest economic and social needs. These groups include minorities, low income, frail and vulnerable persons aged 60 and older. Targeted groups for improved service will also include those with Limited English Proficiency (LEP), lesbian, gay, bisexual, and transgender(LGBT)older adults. Ensuring equal access to language services for all is a high priority and is achieved through a contract that has been established with Geneva Worldwide Language Translation Services. Staff is aware of and trained in the timely and appropriate use of these languages' services. As a contractor with SCOFA, we will fully comply with requirements of both the Equal Access to Services and Targeting Policy (12-PI 08) and the Telephonic Interpretation Policy (12-IM-03)to meet our goal of increasing access to the most vulnerable elderly,particularly those with limited English proficiency. Staff will ensure that those with limited English proficiency (LEP) are informed at the time of service of the availability of free language interpretation assistance orally and in writing by providing written notice in languages the LEP person will understand at time of service. In addition, signs are posted at the- entrance of our senior center that highlight the free service available to all seniors participating in any senior citizen program. We also provide information on the Town's website informing Southold residents, community service organizations and local churches about the available language assistance. Access will also be provided via the Southold Town Justice Court's comprehensive list of court interpreters available pursuant to section 387 of the Judiciary Law. Currently,the Shopping Assistance Program's has expanded access to services and increased visibility through existing print outreach, i.e.,brochures, newspapers, senior center menus and activity calendars. Shopping Assistance Program brochures have been distributed to all seniors receiving Home Delivered Meals. The website for Town of Southold www.southoldtownngov is a great resource and all activities,program announcements and updates are posted weekly. Important links for programs and services and related forms can be easily accessed. In addition, we are featured in Stony Brook Eastern Long Island Hospital's Senior Options and Solutions Program newsletter which is distributed throughout the town. Southold Town Senior Services is partnered with Family Service League of Suffolk County NNORC Program. The goal of the NNORC,LI Sound Senior Care, is to improve the quality of life for geographically isolated seniors in Greenport West and Greenport Village. Our partnership will allow for greater collaboration and direct access to the low-income minority elderly in this geographic area and serve as a valuable resource for seniors who may benefit from the shopping assistance program. t �+ In 2011, we initiated a working relationship with the SAGE organization to increase a shared awareness of available activities and services to the LGBT community and we continue to provide our senior community with their current information and outreach events. In 2015, Southold Senior Services began our partnership with the Nassau-Suffolk Hospital Council and became a host site for the Consumer Assistance for the Aged, Certified Blind and Certified Disabled Program. An Application Assistance Navigator is on site one day monthly to help qualified individuals apply for health insurance coverage specific to their needs. In addition, seniors with disabilities will continue to,be provided referral and/or access to various services by Southold Town and ABD staff. These services include answering ADA compliance questions/complaints and assistance in applying for SCAT or other medical transportation services. The Shopping Assistance Program was added to this list of specialized services for the frail and disabled seniors. Additional Outreach Efforts Include: • Program highlighted in the Town-wide newsletter and quarterly recreation bulletin that is mailed to all households, brochures distributed in town to pharmacies,medical offices, physical therapy offices and libraries. • Featured in the Suffolk Times in articles, columns and editorials. • Referrals from Caseworkers for the homebound meals-on-wheels participants • Information provided to local service agencies, community health care providers and hospitals. • Word of mouth from satisfied seniors. • Church Bulletins. • Continue to be featured on Southold Town Government Cablevision Channel 22. • Announcements at the local senior meetings and monthly caregivers' group. • In contract with WLNG Radio to provide frequent and regular PSAs on senior programs offered. • Outreach efforts will include staffed informational tables at hamlet post offices and grocery stores to reach more seniors. o Continue to work with Southold Police Department in identifying and referring isolated,frail and vulnerable seniors at risk to our services. o Community speaking engagements to local civic groups, churches and community organizations. ® Co-location of NNORC Program at the'Senior Center's Community Outreach Office. i a • Letter detailing the Shopping Assistance Program and the brochure sent to all seniors receiving Home Delivered Meals. The Shopping Assistance Program will continue to be closely monitored and adjusted throughout the program year to incorporate greater efficiencies and quality control measures. It is an important addition to the many senior programs and services we offer in Southold Town. Our ongoing partnership with Suffolk County Office for the Aging allows us to further our shared mission to assist seniors to be as independent as possible and remain at home and in their community. t '► Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assislance Program 001-6777-KIT1-4980-95285 Article IA Grievance Procedures I. Purpose A. In accordance with § 306(a)(10) of the Older Americans Act, as amended(OAA), Suffolk County Office for the Aging has established the following process for resolving the complaints from older persons who are dissatisfied with or denied services. H. Notifying Participants of Right to File Grievance A. The Contractor shall notify participants and applicants of their right to file a grievance, as follows: 1) A summary of the procedures, including a statement that assistance to file shall be provided to older persons,must be prominently posted at service delivery sites or offices at which participants and service applicants apply for services. Summaries shall also be written in languages other,than English where needed to serve the client/applicant population. 2) In-home services participants shall be informed of the grievance procedures through written and verbal statements provided to them upon assessment and/or reassessment for services. B. Denial of Service. Any participant or applicant who is denied services must be given the reasons for the denial. For housekeeping,homemaker, home delivered meals, case management, and other services for which written applications are made, the denial shall be confirmed in writing and the applicant informed of the right to file a grievance and of the individual to whom the grievance shall be addressed. For congregate meals,transportation,recreation, and other services which are applied for by telephone or verbally in person,the client may be told of the right to file a grievance verbally. III. Grievance Process A. Filing of Grievance 1) Participants must submit their grievances in writing to the person(s)that has been designated by a service provider to conduct the initial review. The reviewer may be the director of the service provider agency, or any other person designated by such director who is not familiar with or otherwise involved in the particular grievance. 16 of 40 pages ARTTCT,F TA i v a Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 2) The grievance should be filled within thirty(30) days of denial, reduction, or termination of services, or of the event or circumstance with which the participant is dissatisfied. The service provider may grant an extension for good cause shown. 3) The grievance should be filed on the enclosed form, which shall include a written statement setting forth in detail the date,time, and circumstances that are the basis of the complaint. B. Investigation and Response to Grievance 1) The designated reviewer who performs the initial review shall investigate the grievance. If appropriate,this may include meetingwith the grievant and/or other persons involved in the action(s) complained of or in the denial of services. The reviewer shall review all pertinent facts and/or documents, and shall determine whether the complained-of agency action or determination was consistent with applicable federal and State laws,regulations, and policies. 2) The designated reviewer shall prepare and send a written response to the grievant within fifteen (15) days after the grievance is filled. The response shall set forth the circumstances relating to the grievance,the action requested by the grievant,the findings of the reviewer, a proposed remedial action, if any, and an explanation of the determination, including the facts relied upon. A copy of its decision must be forwarded to the Director of the Suffolk County Office for the Aging. 3) The designated reviewer shall create and maintain a Complaint File consisting of the grievance form, all documents and/or information relied upon in making a determination, and the written response described above. C. Appeal of Initial Response/Decision. If the complaint has been handled by a service provider agency under subcontract to the Suffolk County Office for the Aging and the grievant is not satisfied with the determination reached by such service provider,the grievant has the right to further review as follows: 1) The grievant may initiate a request for subsequent review by the Suffolk County Office for the Aging Director,P.O. Box 6100, Hauppauge,New York 11788-0099 within twenty(20) calendar days following receipt of notification by the service provider agency of its decision. 2) The Suffolk County Office for the Aging Director shall request, and the subcontractor agency shall provide, copies of the Complaint File. The Suffolk County Office for the Aging Director will review the materials to ensure that pertinent policies and procedures have been applied and followed. If appropriate, the Suffolk County Office for the Aging Director or his/her designee 17 of 40 pages ARTICLE I i r Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 will meet with the grievant to allow for an opportunity to present information about the grievance. 3) If policies and procedures have been adhered to,the Suffolk County Office for the Aging Director will not overturn the decision of its subcontractor agency. If proper policies and procedures have not been applied,the Suffolk County Office for the Aging reserves the right to overturn the decision. The subsequent review shall be completed within forty-five (45) days of receipt of the request by the grievant and the grievant will be promptly notified in writing of the result of the subsequent review. IV. Recordkeeping The service provider agency which is handling the grievance shall keep a file, for six (6) years, of all relevant documents and records. This shall include at a minimum: the initial grievance; any investigative reports; any written response,submitted by the Suffolk County Office for the Aging or service provider agency; any documents or other records submitted by any party; the written Initial Response of the agency; and, if applicable, the notice to the grievant of the right to appeal. V. Confidentiality No information, documents, or records relating to a grievance shall be disclosed by program staff or volunteers in a form capable of identifying the grievant without the written informed consent of the grievant unless the disclosure is required by court order or program monitoring by authorized agencies. 18 of 40 pages ARTICLE I f s Y Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 COMPLAINT LETTER FORM Service Provider Letterhead Instructions Please complete both sides of this form. If assistance is needed in completing this form, you may contact (Name and phone). Completed forms should be sent to: Service Provider contact person and address This form must be filed within (30) calendar days of the event or action complained of unless you are granted an extension for good cause. I am requesting a review of the following grievance: ❑ I was denied service. ❑ I am not satisfied with the quality of service or an activity provided by your agency or by your service provider. ❑ I have the following grievance (briefly describe): Date/estimated date of the event or action complained of. Please describe in details what happened or what your grievance is (if you need extra space, use back side of this form): 19 of 40 pages ARTTC:T,F,T f 4 Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 Please state, if you know,what relief you are seeking: Signed: Name(print): Date: Address: Phone Number: End of Article IA End of Text for Article I 20 of 40 pages ARTICLE I 9 Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 Article II Definitions d. the Contractor's failure to comply with any Federal,State or local law,rule,or regulation,and 1. Meanings of Terms County policies or directives;or As used herein: e. the Contractor's bankruptcy or insolvency;or "Audit of Financial Statements"means the examination by f. the Contractor's failure to cooperate in an Audit of the Comptroller and any Federal or State auditing authority of Financial Statements;or the financial statements of the Contractor resulting in the publication of an independent opinion on whether or not those g. the Contractor's falsification of records or reports, financial statements are relevant,accurate,complete,and fairly misuse of funds,or malfeasance or nonfeasance in presented. financial record keeping arising out of, or in connection with,any contract with the County;or "Budget"means the Contractor's summary or plan of all intended revenue,whether received in the form of fees,grants,County h. the Contractor's failure to submit, or failure to funding,or any other source,and expenditures necessary to render the timely submit,documentation to obtain Federal or Services. State funds;or "Budget Deficiency Plan" means an analysis of the cost of the i. the inability of the County or the Contractor to Services,changes in fiscal conditions,and required modifications to the obtain Federal or State funds due to any act or Contract to continue to render the Services. omission of the Contractor;or "Comptroller"means the Comptroller of the County of Suffolk. j. any condition that the County determines, in its sole discretion,is dangerous. "Contract"means all terms and conditions of this Contract forming all rights and obligations of the Contractor and the County. k. the failure to comply with Local Law 41-2013 and related contractual requirements. "Contractor"means the signatory corporation, its officers, officials, employees, agents, servants, sub-contractors, volunteers, and any "Federal"means the United States government,its departments,and successor or assign of any one or more of the foregoing performing the agencies. Services. "Fringe Benefits"means non-wage benefits which accompany,or are "County"means the County of Suffolk,its departments,and agencies. in addition to, a person's salary, such as paid insurance, sick leave, profit-sharing plans,paid holidays,and vacations. "County Attorney" means the County Attorney of the County of Suffolk. "Fund Source" means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "Department"means the signatory department approving the Contract. "Legislature"means the Legislature of the County of Suffolk. "Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying,as the case "Management Letter" means a letter certified as true by the may be,under Section 7201 and Section 7203 of the State Education Contractor's certified public accountant or chief financial officer of Law,respectively. findings and recommendations for improvements in internal fiscal control that were identified during an Audit of Financial Statements,but "Event of Default"means which were not required to be included in an audit report. a. the Contractor's failure to perform any duty "Municipal Corporation"means a town,village,or school district. required of it under paragraphs 1(b)-(e)of Article III of the Contract;or "Services"means all that which the Contractor must do,and any part thereof arising out of,or in connection with,the Contract as described b. the Contractor's failure to maintain the amount and in Article I"Description of Services." types of insurance with an authorized insurer as required by the Contract;or "State"means the State of New York. C. the Contractor's failure to maintain insurance "Statement of Other Contracts"means a complete list of all other required by the Contract with an insurer that has contracts under which money has been or will be paid to the Contractor designated the New York Superintendent of from the County, Federal, or State governments, or a Municipal Insurance as its lawful agent for service of process; Corporation, and (i) which are currently in effect or(ii) which have or expired within the past twelve(12)months and have not been renewed. 21 of 40 pages ARTICLE I1 Rev. 1/30/2024; Law No. 1FMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 "Suffolk County Payment Voucher"means the document authorized and required by the Comptroller for release of payment. "Term"means the time period set forth on page one of the Contract and,if exercised by the County,the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms, associations, partnerships(including limited partnerships),trusts,corporations,and other legal entities,including public bodies,as well as natural persons, and shall include successors and assigns. Capitalized terms used,but not otherwise defined,herein,shall have the meanings assigned to them in the Contract. End of Text for Article II 22 of 40 pages ARTTCLF,TT r Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 Article III Contract remains to be performed, and the General Terms and Conditions termination of the license does not affect the Contractor's ability to render the Services, every 1. Contractor Responsibilities other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted a. Duties and Obligations by law. i.) It shall be the duty of the Contractor to d. Documentation of Professional Standards discharge, or cause to be discharged, all of its responsibilities,and to administer funds received in The Contractor shall maintain on file, in one location in the interest of the County in accordance with the Suffolk County, all records that demonstrate that it has provisions of the Contract. complied with sub-paragraphs(b)and(c)above. The address of the location of the aforesaid records and documents shall ii.) The Contractor shall promptly take all be provided to the County no later than the date of execution action as may be necessary to render the Services. of the Contract. Such documentation shall be kept, maintained,and available for inspection by the County upon iii.) The Contractor shall not take any action twenty-four(24)hours notice. that is inconsistent with the provisions of the Contract. e. Ceedentialing iv.) Services provided under this Contract i.) In the event that the Department,or any shall be open to all residents of the County. division thereof,maintains a credentialing process to qualify the Contractor to render the Services,the b. Qualifications, Licenses, and Professional Contractor shall complete the required Standards credentialing process. In the event that any State credential, registration, certification or license, The Contractor represents and warrants that it has,and shall Drug Enforcement Agency registration, or continuously possess,during the Term,the required licensing, Medicare or Medicaid certification is restricted, education,knowledge,experience,and character necessary to suspended,or temporarily or permanently revoked, qualify it to render the Services. it is the duty of the Contractor to contact the Department,or division thereof;as the case may be, The Contractor shall continuously have during the Term all in writing, no later than three(3)days after such required authorizations, certificates, certifications, restriction,suspension,or revocation. registrations,licenses,permits,and other approvals required by Federal, State, County, or local authorities necessary to ii.) The Contractor shall forward to the qualify it to render the Services. Department,or division thereof;as the case may be, on or before July 1 of each year during the Term,a C. Notifications complete list of the names and addresses of all persons providing the Services, as well as their W The Contractor shall immediately notify respective areas of certification, credentialing, the County, in writing, of any disciplinary registration,and licensing. proceedings, commenced or pending, with any authority relating to a license held by any person f. Engineering Certificate necessary to qualify him,her,or the Contractor to perform the Services. In the event that the Contract requires any Engineering Services,the Contractor shall submit to the County,no later ii.) In the event that a person is no longer than the due date for submission for approval of any licensed to perform the Services, the Contractor engineering work product, the Certificate of Authorization must immediately notify the County, but in no ("Certificate"), issued pursuant to § 7210 of the New York event shall such notification be later than five(5) Education Law,of every person performing any Engineering days after a license holder has lost the license Services. The failure to file, submit, or maintain the required to qualify the license holder or the Certificate shall be grounds for rejection of any engineering Contractor to perform the Services. work product submitted for approval. iii.) In the event that the Contractor is not 2. Termination able to perform the Services due to a loss of license,the Contractor shall not be reimbursed for a. Thirty Days Termination the Services rendered after the effective date of termination of such license. Without limiting the The County shall have the right to terminate the Contract generality of the foregoing, if any part of.the without cause,for any reason,at any time,upon such terms 23 of 40 pages ARTICLE III Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 and conditions it deems appropriate,provided,however,that no such termination shall be effective unless the Contractor is b. The Contractor hereby represents and warrants that given at least thirty(30)days notice. it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect, b. Event of Default;Termination on Notice indemnify,and hold harmless the County,its agents,servants, officials,and employees from and against all liabilities,fines, i.) The County may immediately terminate penalties, actions, damages, claims, demands, judgments, the Contract, for cause, upon such terms and losses,suits or actions,costs,and expenses arising out of any conditions it deems appropriate, in the Event of claim asserted for pyr' infringement of co i Default as defined in Article II. gh, including reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and ii.) If the Contractor defaults under any other employees in any action or proceeding arising out of or in provision of the Contract, the County may connection with any claim asserted for infringement of terminate the Contract, on not less than five (5) copyright. days notice, upon such terms and conditions it deems appropriate. C. The Contractor shall defend the County,its agents, servants, officials, and employees in any proceeding or C. Termination Notice action, including appeals, arising out of, or in connection with, the Contract, and any copyright infringement Any notice providing for termination shall be delivered as proceeding or action.Alternatively,at the County's option, provided for in paragraph 27 of this Article III. the County may defend any such proceeding or action and require the Contractor to pay reasonable attorneys' fees or d. Duties upon Termination salary costs of County employees of the Department of Law i.) The Contractor shall discontinue the for the defense of any such suit. Services as directed in the termination notice. 4. Insurance ii.) Subject to any defenses available to it, a. The Contractor shall continuously maintain,during the County shall pay the Contractor for the the Term of the Contract,insurance in amounts and types as Services rendered through the date of termination. follows: iii.) The County is released from any and all liability under the Contract,effective as of the date i.) Commercial General Liability insurance, of the termination notice. including contractual liability coverage, in an amount not less than Two Million Dollars iv.) Upon termination, the Contractor shall ($2,000,000.00) per occurrence for bodilym' reimburse the County the balance of an funds JAY Y and Two Million Dollars ($2,000,000.00) per advanced to the Contractor by the County no later occurrence for property damage. The County shall than thirty (30) days after termination of the be named an additional insured. Contract. The provisions ofthis subparagraph shall survive the expiration or termination of the ii.) Automobile Liability insurance (if any Contract. non-owned or owned vehicles are used by the Contractor in the performance of the Contract)in V.) Nothing contained in this paragraph shall an amount not less than Five Hundred Thousand be construed as a limitation on the County's rights Dollars($500,000.00)per person,per accident,for set forth in paragraphs 1(c) (iii) and 8 of this bodily injury and not less than One Hundred Article III. Thousand Dollars ($100,000.00) for property damage per occurrence.The County shall be named 3. Indemnification and Defense an additional insured. a. The Contractor shall protect,indemnify,and hold iii.) Workers'Compensation and Employer's harmless the County, its agents, servants, officials, and Liability insurance,Disability Benefits insurance, employees from and against all liabilities, fines, penalties, including coverage for Paid Family Leave Benefits actions,damages,claims,demands,judgments,losses,suits in compliance with all applicable New York State or actions, costs, and expenses caused by the negligence or laws and regulations and Disability Benefits any acts or omissions of the Contractor, including insurance,if required by law. The Contractor shall reimbursement of the cost of reasonable attorneys' fees furnish to the County,prior to its execution of the incurred by the County, its agents, servants, officials, and Contract,the documentation required by the State employees in any action or proceeding arising out of, or in of New York Workers' Compensation Board of connection with,the Contract. coverage or exemption from coverage pursuant to 24 of 40 pages ARTICLE III Rev. 1/30/2024; Law No. Shopping Assistance Program IFMS 00000014601 001-6777-KIT1-4980-95285 §§57 and 220 of the Workers'Compensation Law. anything contained in this Contract,the Contract shall not be In accordance with General Municipal Law§108, construed as creating a principal-agent relationship between the Contract shall be void and of no effect unless the County and the Contractor or the Contractor and the the Contractor shall provide and maintain coverage County,as the case may be. during the Term for the benefit of such employees as are required to be covered by the provisions of 6. Severability the Workers'Compensation Law. It is expressly agreed that if any term or provision of this iv.) Professional Liability insurance in an Contract, or the application thereof to any person or amount not less than Two Million Dollars circumstance,shall be held invalid or unenforceable to any ($2,000,000.00) on either a per-occurrence or extent, the remainder of the Contract, or the application of claims-made coverage basis. such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable,shall not b. The County may mandate an increase in the liability be affected thereby,and every other term and provision ofthe limits set forth in the immediately preceding paragraphs Contract shall be valid and shall be enforced to the fullest (4)(a)(i),(ii),and(iv). extent permitted by law. C. All policies providing such coverage shall be issued 7. Merger;No Oral Changes by insurance companies authorized to do business in New York with an A.M.Best rating of A-or better. It is expressly agreed that the Contract represents the entire agreement of the parties and that all previous understandings d• The Contractor shall furnish to the County,prior to are herein merged in the Contract. No modification of the the execution of the Contract, declaration pages for each Contract shall be valid unless in written form and executed by policy of insurance, other than a policy for commercial both parties. general liability insurance, and upon demand, a true and certified original copy of each such policy evidencing 8. Set-Off Rights compliance with the aforesaid insurance requirements. The County shall have all of its common law,equitable,and e. In the case of commercial general liability statutory rights of set-off. These'rights shall include,but not insurance,the Contractor shall famish to the County,prior to be limited to,the County's option to withhold from a Fund the execution of the Contract,a declaration page or insuring Source an amount no greater than any sum due and owing to agreement and endorsement page evidencing the County's the County for any reason. The County shall exercise its set- status as an additional insured on said policy, and upon off rights subject to approval by the County Attorney. In demand, a true and certified original copy of such policy cases of set-off pursuant to a Comptroller's audit,the County evidencing compliance with the. aforesaid insurance shall only exercise such right after the finalization thereof, requirements. and only after consultation with the County Attorney. f. All evidence of insurance shall provide for the 9. Non-Discrimination in Services and Employment County to be notified in writing thirty(30)days prior to any cancellation,nonrenewal,or material change in the policy to a. The Contractor shall not, on the grounds of race, which such evidence relates. It shall be the duty of the creed, color, national origin, sex, age, disability, sexual Contractor to notify the County immediately of any orientation,military status,or marital status cancellation,nonrenewal,or material change in any insurance policy. i.) deny any individual the Services g. In the event the Contractor shall fail to provide ii provided pursuant to the Contract;or may ) provide the Services to an individual that evidence of insurance,the County y provide the insurance is different, or provided in a different required in such manner as the County deems appropriate and deduct the cost thereof from a Fund Source. manner, from those provided to others pursuant to the Contract;or h. If the Contractor is a Municipal Corporation and iii.) subject an individual to segregation or has a self-insurance program under which it acts as a self- separate treatment e any matter related insurer for any of such required coverage,the Contractor shall to the e dpursu l's receipt of the Services provide proof, acceptable to the County, of self-funded provided pursuant to the Contract;for rom iv.) restrict an individual in any way from coverage. any advantage or privilege enjoyed by S. Independent Contractor others receiving the Services provided pursuant to the Contract;or The Contractor is not, and shall never be, considered an v) treat an individual differently from others employee of the County for any purpose. Notwithstanding in determining whether or not the individual satisfies any eligibility or 25 of 40 pages ARTICLE III Y Rev. 1/30/2024; Law No. Shopping Assistance Program IFMS 00000014601 001-6777-KIT1-4980-95285 other requirements or conditions which shall continue as long as the Term.The determination as to individuals must meet in order to receive whether or when a conflict may potentially exist shall the Services provided pursuant to the ultimately be made by the County Attorney after full Contract;or disclosure is obtained. vi.) discriminate against employees or applicants for employment. 14. Cooperation on Claims b. The Contractor shall not utilize criteria or methods The Contractor and the County shall render diligently to each of administration which have the effect of subjecting other, without compensation, any and all cooperation that individuals to discrimination because of their race creed, may be required to defend the other party,its employees and color,national origin,sex,age,disability,sexual orientation, designated representatives, against any claim, demand or military status, or marital status, or have the effect of respect to action that may be brought against the other party, its substantially impairing the Contract with res P employees or designated representatives arising out of,or in individuals of a particular race,creed,color,national origin, connection with,the Contract. sex, age, disability, sexual orientation, military status; or marital status,in determining: 15. Confidentiality i.) the Services to be provided;or Any document of the County,or any document created by the Contractor and used in rendering the Services,shall remain ii.) the class of individuals to whom,or the the property of the County and shall be kept confidential in situations in which,the Services will be accordance with applicable laws,rules,and regulations. provided;or iii.) the class of individuals to be afforded an 16. Assignment and Subcontracting opportunity to receive the Services. a. The Contractor shall not delegate its duties under 10. Nonsectarian Declaration the Contract,or assign,transfer,convey,subcontract,sublet, or otherwise dispose of the Contract,or any of its rig ht,title or interest therein, or its power to execute the Contract, or The Services performed under the Contract are secular in assign all or any portion of the moneys that may be due or nature. No funds received pursuant to the Contract shall be become due hereunder, (collectively referred to in this used for sectarian purposes or to further the advancement of any religion. The Services will be available to all eligible paragraph 16 as"Assignment"),to any other person,entity or thing without the prior written consent of the County,and any individuals regardless of religious belief or affiliation. attempt to do any of the foregoing without such consent shall 11. Governing Law be void ab initio. b. Such Assignment shall be subject to all of the The Contract shall be governed by, and construed in without provisions of the Contract and to any other condition the accordance with,the laws of the State of New York, County requires. No approval of any Assignment shall be regard to conflict of laws.Venue shall be designated in the construed as enlarging any obligation ofthe County underthe Supreme Court, Suffolk County,the United States District terms and provisions of the Contract. No Assignment of the Court for the Eastern District of New York,or,if appropriate, Contract or assumption b an a court of inferior jurisdiction in Suffolk County. C P Y Y person of any duty of the Contractor under the Contract shall provide for,or otherwise 12. No Waiver be construed as,releasing the Contractor from any term or provision of the Contract. It shall not be construed that any failure or forbearance of the 17. Changes to Contractor County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. a. The Contractor may,from time to time,only with Such provision shall otherwise remain in full force and effect, the County's written consent,enter into a Permitted Transfer. notwithstanding any such failure or forbearance. For purposes of the Contract,a Permitted Transfer means: 13. Conflicts of Interest i.) if the Contractor is a partnership, the The Contractor shall not,during the Term,pursue a course of withdrawal or change, whether conduct which would cause a reasonable person to believe voluntary,involuntary or by operation of law, of that he or she is likely to be engaged in acts that create a rs the partners, or transfer of substantial conflict between its obligations under the Contract partnership interests (other than the purchase and its private interests. The Contractor is charged with the r partnership interests by duty to disclose to the County the existence of any such existing partners,by the partnership itself adverse interests, whether existing or potential. This duty re the immediate family members by reason of gift, sale or devise), or the 26 of 40 pages ARTICLE III m a� Y Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 dissolution of the partnership without the transferee has not been convicted of a criminal offense as immediate reconstitution thereof,and described under Article II of Chapter 189 of the Suffolk County Code. The County shall grant or deny its consent to ii.) if the Contractor is a closely.held any request of a Permitted Transfer within twenty(20)days corporation (i.e. whose stock is not after delivery to the County of the Transfer Notice, in publicly held and not traded through an accordance with the provisions of Paragraph 27 of Article III exchange or over the counter): of the Contract. If the County shall not give written notice to the Contractor denying its consent to such Permitted Transfer 1. the dissolution, merger, (and setting forth the basis for such denial in reasonable consolidation or other detail)within such twenty(20)-day period,then the County reorganization of the shall be deemed to have granted its consent to such Permitted Contractor;and Transfer. 2. the sale or other transfer of e. Notwithstanding the County's consent, twenty percent(201/o)or more of the shares of the Contractor i.) the terms and conditions of the Contract (other than to existing shall in no way be deemed to have been shareholders, the corporation waived or modified;and itself or the immediate family members of shareholders by ii.) such consent shall not be deemed reason of gift,sale or devise). consent to any further transfers. b. If the Contractor is a not-for-profit corporation,a 18. No Intended Third Party Beneficiaries change of twenty percent (20%) or more of its shares or members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the County and the Contractor. No thud party shall be deemed a C. The Contractor shall notify the County in writing, beneficiary of the Contract and no third party shall have the which notice(the"Transfer Notice")shall include: right to make any claim or assert any right under the Contract. i.) the proposed effective date of the 19. Certification as to Relationships Permitted Transfer, which shall not be less than thirty(30) days nor more than The Contractor certifies under penalties of perjury that to the one hundred eighty(180)days after the best of its knowledge,other than through the funds provided date of delivery of the Transfer Notice; in the Contract and other valid agreements with the County, there is no known spouse,life partner,business,commercial, ii.) a summary of the material terms of the economic, or financial relationship with the County or its proposed Permitted Transfer; elected officials. The Contractor also certifies to the best of its knowledge that there is no relationship within the third iii.) the name and address of the.proposed degree of consanguinity,between the Contractor,any of its transferee; partners, members, directors, or shareholders owning five (5%)percent or more of the Contractor,and the County. The iv.) such information reasonably required by foregoing certification shall not apply to a contractor that is a the County, which will enable the municipal corporation or a government entity. County to determine the financial responsibility, character,and reputation 20. Publications of the proposed transferee,nature of the proposed assignee/transferee's business Any book,article,report,or other publication related to the and experience; Services provided pursuant to this Contract shall contain the following statement in clear and legible print: v.) all executed forms required pursuant to Article IV of the Contract, that are "This publication is fully or partially funded required to be submitted by the by the County of Suffolk." Contractor;and 21. Copyrights and Patents vi.) such other information as the County may reasonably require. a. Copyrights d. The County agrees that any request for its consent Any and all materials generated by or on behalf of the to a Permitted Transfer shall be granted, provided that the Contractor while performing the Services(including,without transfer does not violate any provision of the Contract,and limitation,designs,images,video,reports,analyses,manuals, 27 of 40 pages ARTICLE III � a Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 films,tests,tutorials,and any other work product of any kind) 23. Lawful Hiring of Employees Law in Connection with and all intellectual property rights relating thereto ("Work Contracts for Construction or Future Construction Product") are and shall be the sole property of the County. The Contractor hereby assigns to the County its entire right, In the event that the Contract is subject to the Lawful Hiring title and interest,if any,to all Work Product,and agrees to do of Employees Law of the County of Suffolk,Suffolk County all acts and execute all documents,and to use its best efforts Code Article II of Chapter 353,as more fully set forth in the to ensure that its employees, consultants, subcontractors, Article entitled"Suffolk County Legislative Requirements," vendors and agents do all acts and execute any documents, the Contractor shall maintain the documentation mandated to necessary to vest ownership in the County of any and all be kept by this law on the construction site at all times. Work Product. The Contractor may not secure copyright Employee si protection. The County reserves to itself,and the Contractor sign-in sheets and register books shall be kept on the construction site at all times and all covered hereby gives to the County, and to any other person employees, as defined in the law, shall be required to sign designated by the County, consent to produce, reproduce, such sign-in sheets/register/log books to indicate their publish,translate,display or otherwise use the Work Product. presence on the construction site during such working hours. This paragraph shall survive any completion, expiration or termination of this Contract. 24. Certification Regarding Lobbying The County shall be deemed to be the author of all the Work Together with this Contract and as a condition precedent to Product. The Contractor acknowledges that all Work Product its execution by the County, the Contractor shall have shall constitute "work made for hire" under the U.S. executed and delivered to the County the Certification copyright laws. To the extent that any Work Product does not Regarding Lobbying (if payment under this Contract may constitute a "work made for hire," the Contractor hereby exceed $100,000) as required by Federal regulations, and assigns to the County all right,title and interest,including the shall promptly advise the County of any material change in right, title and interest to reproduce, edit, adapt,modify or any of the information reported on such Certification, and otherwise use the Work Product, that the Contractor may shall otherwise comply with, and shall assist the County in have or may hereafter acquire in the Work Product,including complying with, said regulations as now in effect or as all intellectual property rights therein, in any manner or amended during the term of this Contract. medium throughout the world in perpetuity without compensation. This includes,but is not limited to,the right 25. Record Retention to reproduce and distribute the Work Product in electronic or optical media,or in CD-ROM,on-line or similar format. The Contractor shall retain all accounts,books,records,and b. Patents other documents relevant to the Contract for seven(7)years after final payment is made by the County. Federal, State, and/or County auditors and any persons duly authorized by If the Contractor develops, invents, designs or creates any the County shall have full access and the right to examine any idea, concept, code, processes or other work or materials of said materials during said period. Such access is granted during the Term, or as a result of any Services performed notwithstanding any exemption from disclosure that may be under the Contract("patent eligible subject matter"),it shall claimed for those records which are subject to nondisclosure be the sole property of the County. The Contractor hereby agreements, trade secrets and commercial information or assigns to the County its entire right,title and interest,if any, financial information that is privileged or confidential to all patent eligible subject matter,and agrees to do all acts Without limiting the generality of the foregoing, records and execute all documents, and to use its best efforts to directly related to contract expenditures shall be kept for a ensure that its employees, consultants, subcontractors, period often(10)years because the statute of limitations for vendors and agents do all acts and execute any documents, the New York False Claims Act(New York False Claims Act necessary to vest ownership in the County of any and all § 192)is ten(10)years. patent eligible subject matter. The Contractor may not apply for or secure for itself patent protection. The County reserves 26. Contract Agency Performance Measures and Reporting to itself,and the Contractor hereby gives to the County,and Requirements—Local Law No.41-2013 to any other person designated by the County, consent to produce or otherwise use any item so discovered and/or the a. If payment under this Contract may exceed right to secure a patent for the discovery or invention. This expiration or $50,000,it is subject to the requirements of Suffolk County paragraph shall survive any completion, ex p Local Law No. 41-2013, a Local Law to Implement termination of this Contract. Performance Measurement to Increase Accountability and 22. Arrears to County Enhance Service Delivery by Contract Agencies(Article VIII of Chapter 189 of the Suffolk County Code)as set forth in Contractor warrants that, except as may otherwise be Article IV entitled "Suffolk County Legislative authorized by agreement, it is not in arrears to the County Requirements. upon any debt,contract,or any other lawful obligation,and is b. The Contractor shall cooperate with the Department not in default to the County as surety. in all aspects necessary to help carry out the requirements of 28 of 40 pages ARTICLE III Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 the Law.Based on criteria established by the Contractor in conjunction with the Department,the Contractor shall submit monthly reports regarding the Contractor's performance relative to the established criteria, on dates and times as specified by the Department,as more fully set forth in Article I and Article IV of this Contract. C. The Contractor shall submit an annual report to the Department regarding the Contractor's performance no later than July 31 of each year of the Term.All performance data and reports will be subject to audit by the Comptroller. 27. Notice Unless otherwise expressly provided, all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1.) to the Contractor at the address on page 1 of the Contract and 2.)to the County at the Department,or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O.Box 6100,(Sixth Floor),Hauppauge,New York,11788- 0099. End of Text for Article III 29 of 40 pages ARTICLE III b / 1 Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 Article IV AUDIT." Suffolk County Legislative Requirements 3. Use of County Resources to Interfere with Collective NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Bargaining Activities REQUIREMENTS FORMS REFERENCED HEREIN ARE It shall be the duty of the Contractor to read,become familiar AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON with, and comply with the requirements of Article I of THE SIGNATURE PAGE OF THIS CONTRACT. Chapter 803 of the Suffolk County Code. 1. Contractor's/Vendor's Public Disclosure Statement County Contractors (as defined by section 803-2) shall comply with all requirements of Chapter 803 of the Suffolk It shall be the duty of the Contractor to read,become familiar County Code,including the following prohibitions: with, and comply with the requirements of section A5-8 of a. The Contractor shall not use County funds to assist, Article V of the Suffolk County Code. promote,or deter union organizing. Unless certified by an officer of the Contractor as being b. No County funds shall be used to reimburse the exempt from the requirements of section A5-8 of Article V of Contractor for any costs incurred to assist,promote,or deter the Suffolk County Code, the Contractor represents and union organizing. warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County C. No employer shall use County property to hold a Administrative Code Article V,section A5-8 and shall file an meeting with employees or supervisors if the purpose of such update of such statement with the Comptroller on or before meeting is to assist,promote,or deter union organizing. the 31st day of January in each year of the Contract's duration. The Contractor acknowledges that such filing is a If the Services are performed on County property, the material,contractual and statutory duty and that the failure to Contractor must adopt a reasonable access agreement, a file such statement shall constitute a material breach of the neutrality agreement, fair communication agreement, non- Contract, for which the County shall be entitled, upon a intimidation agreement, and a majority authorization card determination that such breach has occurred,to damages,in agreement. addition to all other legal remedies,of fifteen percent(15%) of the amount of the Contract. If the Services are for the provision of human services and are not to be performed on County property,the Contractor must Required Form: adopt,at the least,a neutrality agreement. Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure Statement" Under the provisions of Chapter 803,the County shall have the authority,under appropriate circumstances,to terminate 2. Living Wage Law the Contract and to seek other remedies as set forth therein, for violations of this Law. It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Chapter 575, of Required Form: the Suffolk County Code. Suffolk County Labor Law Form DOL-LOI (Revised 2/2020); entitled "Suffolk County Department of Labor, This Contract is subject to the Living Wage Law of the Licensing & Consumer Affairs — Union Organizing County of Suffolk. The law requires that, unless specific Certification/Declaration-Subject to Audit." exemptions apply, all employers(as defined)under service contracts and recipients of County financial assistance, (as 4. Lawful Hiring of Employees Law defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate It shall be the duty of the Contractor to read,become familiar shall be adjusted annually pursuant to the terms of the Suffolk with, and comply with the requirements of Article II of County Living Wage Law of the County of Suffolk. Under Chapter 353 of the Suffolk County Code. the provisions of the Living Wage Law,the County shall have the authority,under appropriate circumstances,to terminate This Contract is subject to the Lawful Hiring of Employees the Contract and to seek other remedies as set forth therein, Law of the County of Suffolk It provides that all covered for violations of this Law. employers, (as defined),and the owners thereof,as the case may be,that are recipients of compensation from the County Required Forms: through any grant, loan, subsidy, funding, appropriation, Suffolk County Living Wage Form DOL-LW1/38(Revised payment, tax incentive, contract, subcontract, license 12/2021) entitled "SUFFOLK COUNTY DEPARTMENT agreement,lease or other financial compensation agreement OF LABOR, LICENSING & CONSUMER AFFAIRS— issued by the County or an awarding agency, where such NOTICE OF APPLICATION FOR COUNTY compensation is one hundred percent(1001/o)funded by the COMPENSATION-LIVING WAGE County, shall submit a completed swom affidavit (under CERTIFICATION/DECLARATION-SUBJECT TO penalty of perjury),the form of which is attached,certifying 30 of 40 pages ARTICLE IV P i 4 Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KITI-4980-95285 that they have complied,in good faith,with the requirements FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH of Title 8 of the United States Code Section 1324a with RESPECT TO LAWFUL HIRING OF EMPLOYEES, respect to the hiring of covered employees(as defined)and Suffolk County Code,Chapter 353 (2006)"DOL-LHE 1/2 with respect to the alien and nationality status of the owners (REVISED 8/2017). thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner,as the case may be;shall be part of any executed contract,subcontract, 5' Gratuities license agreement, lease or other financial compensation It shall be the duty of the Contractor to read,become familiar agreement with the County; and shall be made available to with,and comply with the requirements of Chapter 664 of the the public upon request. Suffolk County Code. All contractors and subcontractors (as defined) of covered The Contractor represents and warrants that it has not offered employers,and the owners thereof,as the case maybe,that or given any gratuity to any official,employee or agent of the are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other County or the State or of any political party,with the purpose financial compensation agreement issued by the County or or intent of securing an agreement or securing favorable awarding agency,where such compensation is one hundred at ortreatment with respect to the awarding or amending of an percent(100% to) funded by the County, shall submit to the o teeme the perrfor the makingmance of an aof g g any determinations with respect covered employer a completed sworn affidavit(under penalty reement. of perjury),the form of which is attached,certifying that they 6. Prohibition Against Contracting with Corporations have complied,in good faith,with the requirements of Title 8 of the United States Code Section 1324a with respect to the that Reincorporate Overseas hiring of covered employees and with respect to the alien and It shall be the duty of the Contractor to read,become familiar nationality status of the owners thereof,as the case may be. with, and comply with the requirements of sections A4-13 The affidavit shall be executed by an authorized representative of the contractor,subcontractor,or owner,as and A4-14 of Article IV of the Suffolk County Code. the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial The Contractor represents that it is in compliance with compensation agreement between the covered employer and sections A4-13 and A4-14 of Article IV of the Suffolk County Code. Such law provides that no contract for the County;and shall be made available to the public upon request. consulting services or goods and services shall be awarded by the County to a business previously incorporated within the An updated affidavit shall be submitted by each such U.S.A.that has reincorporated outside the U.S.A. employer,owner,contractor and subcontractor no later than January 1 of each year for the duration of any contract and 7• Child Sexual Abuse Reporting Policy upon the renewal or amendment of the Contract, and whenever anew contractor or subcontractor is hired under the It shall be the duty of the Contractor to read,become familiar terms of the Contract. with, and comply with the requirements of Article II of Chapter 880 of the Suffolk County Code. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any The Contractor shall comply with Article H of Chapter 880, such statement shall constitute a material breach of the of the Suffolk County Code, entitled"Child Sexual Abuse Contract. Reporting Policy,"as now in effect or amended hereafter or of any other Suffolk County Local Law that may become Under the provisions of the Lawful Hiring of Employees applicable during the term of the Contract with regard to Law, the County shall have the authority to terminate the child sexual abuse reporting policy. Contract for violations of this Law and to seek other remedies available under the law. 8. Non Responsible Bidder The documentation mandated to be kept by this law shall at It shall be the duty of the Contractor to read,become familiar all times be kept on site. Employee sign-in sheets and with, and comply with the requirements of Article II of register/log books shall be kept on site at all times during Chapter 189 of the Suffolk County Code. working hours and all covered employees,as defined in the law,shall be required to sign such sign-in sheets/register/log Upon signing the Contract,the Contractor certifies that it has books to indicate their presence on the site during such not been convicted of a criminal offense within the last ten working hours. (10)years. The term"conviction"shall mean a finding of guilty after a trial or a plea of guilty to an offense covered Required Forms: under section 189-5 of the Suffolk County Code under "SUFFOLK COUNTY DEPARTMENT OF LABOR, "Nonresponsible Bidder." LICENSING, & CONSUMER AFFAIRS —NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH 31 of 40 pages ARTICLE IV r Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 9. Use of Funds in Prosecution of Civil Actions 13. Contract Agency Performance Measures and Prohibited Reporting Requirements It shall be the duty of the Contractor to read,become familiar It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Article III of with, and comply with the requirements of Suffolk County Chapter 893 of the Suffolk County Code. Local Law No. 41-2013, a Charter Law to Implement Performance Measurement to Increase Accountability and The Contractor shall not use any of the moneys,in part or in Enhance Service Delivery by Contract Agencies(Article VIII whole, and either directly or indirectly, received under the of Chapter 189 of the Suffolk County Code)as more fully set Contract in connection with the prosecution of any civil forth in Article I and Article III of this Contract. action against the County in any jurisdiction or any judicial or administrative forum. All contract agencies having a contract in excess of$50,000 shall cooperate with the contract's administering department 10. Youth Sports to identify the key performance measures related to the objectives of the services that the contract agency provides It shall be the duty of the Contractor to read,become familiar and shall develop an annual performance reporting plan.The with, and comply with Article III of Chapter 730 of the contract agency shall cooperate with the administering Suffolk County Code. department and the County Executive's Performance Management Team to establish appropriate performance All contract agencies that conduct youth sports programs are indicators and targets for monthly evaluation of the contract required to develop and maintain a written plan or policy agency's performance. addressing incidents of possible or actual concussion or other head injuries among sports program participants.Such plan or policy must be submitted prior to the award of a County 14. Suffolk County Local Laws Website Address contract,grant or funding. Receipt of such plan or policy by the County does not represent approval or endorsement of Suffolk County Local Laws, Rules and Regulations can be any such plan or policy,nor shall the County be subject to accessed on the homepage of the Suffolk County Legislature. any liability in connection with any such plan or policy. 15. Suffolk County Code of Ethics 11. Work Experience Participation As required by Suffolk County Standard Operating Procedure If the Contractor is a not-for-profit or governmental agency or A-06, the following is a link to the Suffolk County Ethics institution,each of the Contractor's locations in the County at Booklet,which contains the provisions of the Suffolk County which the Services are provided shall be a work site for Code of Ethics: public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during https://suffolkcoungmy gov/Portals/0/fomisdocs/Boardofethic the Term of the Contract. If no Memorandum of s/Code%20oP/o20Ethics%20Booklet%20 Understanding("MOU")with the Suffolk County Department 0/'o20New%20Revised%20Mav%202017.pdf of Labor for work experience is in effect at the beginning of the Term of the Contract, the Contractor, if it is a not-for- 16. Notification of Cyber Security Breach profit or governmental agency or institution,shall enter into such MOU as soon as possible after the execution of the It shall be the duty of the Contractor to read,become familiar Contract and failure to enter into or to perform in accordance with,and comply with the requirements of section A5-22 of with such MOU shall be deemed to be a failure to perform in Article V of the Suffolk County Administrative Code. accordance with the Contract, for which the County may withhold payment, terminate the Contract or exercise such The Contractor(as defined in section A5-22)certifies that it other remedies as may be appropriate in the circumstances. has policies and procedures in place for the effective management of any cyber security breach, event or attack. 12. Safeguarding Personal Information of Minors The Contractor shall, within 48 hours, notify the Chief Information Security Officer ("CISO") at the Office of It shall be the duty of the Contractor to read,become familiar Information Technology located at William J. Lindsay with, and comply with the requirements of Suffolk County County Complex — Building 50, 725 Veterans Memorial Local Law No. 20-2013, a Local Law to Safeguard the Highway,Hauppauge,New York 11788 and the Department Personal Information of Minors in Suffolk County. named on the signature page of this Contract, of any cyber breach,event or attack,as defined in section A5-22 ofArticle All contract agencies that provide services to minors are V of the Suffolk County Administrative Code. The required to protect the privacy of the minors and are strictly Contractor,upon completion of its investigation of the cyber prohibited from selling or otherwise providing to any third breach,event or attack,shall provide a written report of the party,in any manner whatsoever,the personal or identifying findings of the completed investigation to the CISO. information of any minor participating in their programs. End of Text for Article IV 32 of 40 pages ARTICLE IV r D Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KIT1-4980-95285 Article V any further County contracts. General Fiscal Terms and Conditions 1. General Payment Terms C. Payment by County Payment by the County shall be made within thirty(30)days a. Presentation of Suffolk County Payment after approval ofthe Suffolk County Payment Voucher by the Voucher Comptroller. In order for payment to be made by the County to the d• Budget Modification Contractor for the Services,the Contractor shall prepare and present a Suffolk County Payment Voucher,which shall be i.) The parties shall use the Contract Budget documented by sufficient, competent and evidential matter. Modification Request form ("Budget Each Suffolk County Payment Voucher submitted for Modification") for revisions to the payment is subject to Audit at any time during the Term or Budget and Services not involving an any extension thereof. This provision shall survive expiration increase to the total cost of the Contract. or termination of this Contract for a period of not less than If the Contractor is seeking such a seven(7)years,and access to records shall be as set forth in modification, the Contractor shall paragraph 25 of Article III,and paragraph 4(b)of Article V. contact the Department to receive the form and enter the required information. b. Voucher Documentation When the County and the Contractor agree as to such revisions,the Contractor The Suffolk County Payment Voucher shall list ,all shall sign the Budget Modification form information regarding the Services and other items for which and return it to the County for execution expenditures have been or will be made in accordance with along with any other documentation the the Contract. Either upon execution of the Contract(for the Department may require. Services already rendered and expenditures already made),or not more than thirty(30) days after the expenditures were ii.) Such request must be made in advance of made,and in no event after the 31 It day of January following incurring any expenditure for which the the end of each year of the Contract, the Contractor shall revision is needed. furnish the County with detailed documentation in support of the payment for the Services or expenditures under the iii.) Upon complete execution of the Budget Contract, e.g., dates of the Service, worksite locations, Modification form, the County shall activities, hours worked,pay rates and all program Budget return a copy to the Contractor. The categories. The Suffolk County Payment Voucher shall revision shall not be effective until the include time records,certified by the Contractor as true and Budget Modification is completely accurate,of all personnel for whom expenditures are claimed executed. during the period. Time and attendance records of a Contractor's Director/Executive Director,shall be certified by iv.) The Budget Modification form may be the Chairperson,President or other designated member of the submitted only twice per calendar year Board of Directors of the Contractor and shall be maintained and may only be submitted prior to by the Contractor for audit. All Suffolk County Payment November 1511 of that year. Vouchers must bear a signature as that term is defined pursuant to New York State General Construction Law§46 e• Budget and/or Services Revisions by duly authorized persons, and certification of such authorization with certified specimen signatures thereon must i.) The parties shall use the Contract be filed with the County by a Contractor official empowered Budget/Services Revision Approval to sign the Contract. Form (Budget/Services Revisions) for revisions to the Budget and Services Disbursements made by the Contractor in accordance with the involving any change to the total cost of Contract and submitted for reimbursement must be the Contract due to a resolution of the documented and must comply with accounting procedures as Legislature, changes to the County's set forth by the Suffolk County Department of Audit and adopted annual budget,or for any other Control. Documentation, including any other form(s) reason necessitating revisions to the required by County or the Suffolk County Department of Budget or Services. Audit and Control,shall be furnished to the County pursuant to, and as limited by, the Regulations for Accounting ii) When the County and the Contractor Procedures for Contract Agencies of the Suffolk County agree as to w such revisions, the Department of Audit and Control. In addition to any other Department will enter the information remedies that the County may have, failure to supply the into the Budget/Services Revisions Form required documentation will disqualify the Contractor from and send it to the Contractor for 33 of 40 pages ARTICLE V r Rev. 1/30/2024; Law No. Shopping Assistance Program IFMS 00000014601 001-6777-KIT1-4980-95285 signature.The Contractor shall return it 3. Personnel Salaries, Pension and Employee Benefit to the County for execution along with Plans,Rules and Procedures any other documentation the Department may require. a. Upon request, the Contractor shall submit to the iii.) Upon complete execution of the form b County a current copy,certified by the Contractor as true and the parties, the County shall return a accurate,of its copy to the Contractor. The revision i.) salary scale for all positions listed in the shall not be effective until the Budget/Services Revisions Form is Budget; completely executed. ii.) personnel rules and procedures; f. Taxes iii.) pension plan and any other employee The charges payable to the Contractor under the Contract are benefit plans or arrangements. exclusive of federal,state,and local taxes,the County being a b. The Contractor shall not be entitled to municipality exempt from payment of such taxes. reimbursement for costs under any pension or benefit plan the g• Final Voucher Comptroller deems commercially unreasonable. The acceptance by the Contractor of payment of all billings C. Notwithstanding anything in this paragraph 3 of made on the final approved Suffolk County payment Voucher this Article V,the County shall not be limited in requesting shall operate as and shall be a release of the County from all such additional financial information it deems reasonable. claims by the Contractor through the date of the Voucher. 4. Accounting Procedures 2. Subject to Appropriation of Funds a• The Contractor shall maintain accounts, books, a. The Contract is subject to the amount of funds records, documents, other evidence, and accounting appropriated each fiscal year and any subsequent procedures and practices which sufficiently and properly modifications thereof by the County Legislature, and no reflect all direct and indirect costs of any nature expended in liability shall be incurred by the County beyond the amount of the performance of the Contract,in accordance with generally funds appropriated each fiscal year by the County Legislature accepted accounting principles and with rules,regulations and for the Services. financial directives, as may be promulgated by the Suffolk County Department of Audit and Control and the Department. b. If the County fails to receive Federal or State funds The Contractor shall permit inspection and audit of such originally intended to pay for the Services,or to reimburse the accounts,books,records, documents and other evidence by County, in whole or in part, for payments made for the the Department and the Suffolk County Comptroller,or their Services,the County shall have the sole and exclusive right representatives,as often as,in their judgment,such inspection to: is deemed necessary. Such right of inspection and audit as set i.) determine how to pay for the Services; forth in subparagraph b. below shall exist during the Term ii.) determine future payments to the and of the Cont ctn (7) years after expiration or. Contractor;and b• The Contractor shall retain all accounts, books, iii.) determine what amounts, if any, are records, and other documents relevant to the Contract for reimbursable to the County by the seven(7)years after final payment is made by the County. Contractor and the terms and conditions Federal,State,and/or County auditors and any persons duly under which such reimbursement shall authorized by the County shall have full access and the right be paid. to examine any of said materials during said period. Such access is granted notwithstanding any exemption from C. The County may,during the Term,impose a Budget disclosure that may be claimed for those records which are Deficiency Plan. In the event that a Budget Deficiency Plan subject to nondisclosure agreements, trade secrets and is imposed,the County shall promptlynotify the Contractor in commercial information or financial information that is writing of the terms and conditions thereof, which shall be privileged or confidential. deemed incorporated in and made a part of the Contract,and the Contractor shall implement those terms and conditions in C. The Contractor shall utilize the accrual basis of no less than fourteen(14)days. accounting and will submit all financial reports and claims based on this method of accounting during the Term. 34 of 40 pages ARTICLE V r L Rtv. 1/30/2024; Law No. Shopping Assistance Program IFMS 00000014601 001-6777-KIT1-4980-95285 5. Audit of Financial Statements iii.) a satisfactory peer review issued within a. All payments made under the Contract are subject not more than three(3)years prior to the date when the Auditor was selected to to audit by the Comptroller pursuant to Article V of the conduct the audit. Suffolk County Charter. The Contractor further agrees that the Comptroller and the Department shall have access to and C. The audit must be conducted in accordance with the right to examine, audit, excerpt, copy or transcribe any generally accepted governmental auditing standards. pertinent transactions or other records relating to services Financial statements must clearly differentiate between under the Contract. If such an audit discloses overpayments County-funded programs and other programs that the by the County to the Contractor,within thirty(30)days after Contractor may be operating. The use of subsidiary schedules the issuance of an official audit report by the Comptroller or should also prep p encouraged for this purpose. The Auditor must his duly designated representatives,the Contractor shall repay are a Management Letter based on the audit. the amount of such overpayment by check to the order of the Suffolk County Comptroller or shall submit a proposed plan d " d r ants nts"—Federally Funded Programs of repayment to the Comptroller. If there is no response,or if and Grants satisfactory repayments are not made,the County may recoup overpayments from any amounts due or becoming due to the 1) S the event the Contractor is a " Contractor from the County under the Contract or otherwise. ubrecipient"as that term is defined in 2 CFR § 200.93 and the Contractor b• The provisions of this paragraph shall survive the expends seven hundred fifty thousand expiration ortermination ofthe Contract for aperiod ofseven ($750,000.00)dollars ormore of Federal (7) years, and access to records shall be as set forth in moneys,whether as arecipient expending paragraph 25 of Article III,and paragraph 4(b)of Article V. awards received directly from Federal awarding agencies or as a Contractor 6• Financial Statements and Audit Requirements expending Federal awards received from a pass-through entity such as New York a• Notwithstanding any other reporting or certification State and/or Suffolk County,during any fiscal year within which it receives requirements of Federal, State, or local authorities, the funding under the Contract, the audit Contractor shall obtain the services of an independent referred to under this paragraph 6 must licensed public accountant or certified public accountant(the "Auditor") to audit its financial statements for each m conducted and any the audit report Contractor's "fiscal year" in which the Contractor has must be in accordance with OMB Uniform Grant Guidance—2 CFR Part received, or will receive, three hundred thousand 200 ("Single Audit Report"). ($300,000.00) dollars or more from the County, whetherSingle under the Contract or other agreements with the County,and Audit Reports must also be uploaded to the Federal Audit Clearinghouse, to the shall submit a report to the County on the overall financial condition and operations of the Contractor, including a extent required by re the OMB Uniform Grant Guidance re balance sheet and statement of income and expenses,attested referred to above. In addition, the Single Audit Report, by the Auditor as fairly and accurately reflecting the respective financial statements and any accounting records of the Contractor in accordance with generally accepted accountin Management Letters must be submitted g principles. The audited to the Department set forth on page one financial statements including respective Management Letters must be emailed to the Executive Director of Auditingof this Contract and Auditing to the Services at Auditsnsuffolkcountvnv Gov within thirty Executive Director of Auditing Services days after completion of the audit,but in no event later than subreat nine(9)months after the end of the Contractor's fiscal year, AY. -g-O i withino thirty after to which the audit relates. The Contractor may solicit completion on of thirty (30) days after requests for proposals from a number of qualified accounting completion e the audit, but r no event firms and review carefully the costs of,and qualifications for, later than nine(9)months after the end of the Contractor's fiscal year,to which the this type of work before selecting the Auditor. audit relates. b. The Auditor should be required to meet the following minimum requirements: ��•) In the event the Contractor is a "Subrecipient"as that term is defined in 2 CFR § 200.93 and the Contractor i•) a current license issued by the New York expends less than seven hundred fifty State Education Department; thousand ($750,000.00) dollars of ii.) sufficient auditing experience in the not- Federal moneys, whether as a recipient for-profit governmental or profit-making expending awards received directly from areas,as applicable;and Federal awarding agencies or as a 35 of 40 pages ARTICLE V i P x Rev. 1/30/2024; Law No. Shopping Assistance Program IFMS 00000014601 001-6777-KIT1-4980-95285 Contractor expending Federal awards of the County shall be required before the Contractor may received from a pass-through entity such proceed with such proposed purchase, rental or lease of as New York State and/or Suffolk furniture,fixtures or equipment. All items purchased must be County, during any fiscal year the new or like new unless specifically described otherwise in the Contractor must email a certified Budget. Exemption Letter, the form of which shall be provided by the Department,on b. Purchase Practices/Proprietary Interest of the Contractor's Letterhead and a Schedule of Federal Funds Expended to County the respective County Department and 1) The Contractor shall follow the general the Executive Director of Auditing Services at practices that are designed to obtain furniture,fixtures,equipment,materials, subrcciDientmonitoring�suffolk�tvny ov within thirty(30)days of the end of or supplies at the most reasonable price the Contractor's fiscal year. The or cost possible. Schedule of Federal Funds Expended The County reserves the right to must include all Federal funding received directly from the Federal government and purchase or obtain furniture, fixtures, all Federal funds passed through from the equipment materials,or supplies for the pass-through Contractor in accordance with the County and other P gh entities. programmatic needs of the Contract. If iii.) Subrecipients may include, but not the County exercises this right, the necessarily be limited to, not-for-profit amount budgeted for the items so purchased or obtained by the County for organizations;units of state government the Contractor shall not be available to or a unit of local governments. the Contractor for any purpose e• Copies of any other audit reports includin whatsoever. Title to any such items ed by the oversight agency audits must be submitted to the Department County forpurchasedothe programsotherwisebencompassed set forth on page one of this Contract and emailed to the Executive Director of Auditing Services at by the Contract and entrusted to the Contractor,shall remain in the County. Audits(a_suffolkcountvnv gov within thirty (30) days after completion of the audit(s). The County shall retain a proprietary f. The requirements set forth in this paragraph 6 shall interest in all furniture, removable fixtures, equipment, materials, and not preclude the authorized representatives of the County,the supplies purchased or obtained by Comptroller,or Federal or State entities from conducting any se the Contractor and paid for or reimburse other duly authorized audit(s) of records and financial d to the Contractor pursuant to the terms of statements of the Contractor. The Contractor shall make such the Contractor records and financial statements available to authorized rt any prior agreement representatives of Federal,State and County government for between the parties. that purpose. iv.) The Contractor shall attach labels g The provisions of this paragraph 6 shall survive the indicating the County's proprietary interest or title in all such property. expiration or termination of the Contract. C. County's Right to Take Title and Possession 7. Furniture,Fixtures,Equipment,Materials,Supplies Upon the termination or expiration of the Contract or any a. Purchases, Rentals or Leases Requiring Prior renewal thereof, the discontinuance of the business of the Approval Contractor,the failure of the Contractor to comply with the terms of the Contract,the bankruptcy of the Contractor, an Prior to placing any order to purchase, rent or lease any assignment for the benefit of its creditors,or the failure of the Contractor to satisfy any judgment against it within thirty(30) furniture, factures, or equipment valued in excess of one thousand dollars $1 000.00 days of filing of the judgment,the County shall have the right ( ) per unit for which the to take title to and possession of all furniture, removable Contractor will seek reimbursement from the County, the Contractor shall submit to the County a written request for fixtures, equipment, materials, and supplies and the same shall thereupon become the property of the County without approval to make such a proposed purchase,rental or lease, with a list showing the quantity and description of each item, any claim for reimbursement on the part of the Contractor. its intended location and use,estimated unit price or cost,and estimated total cost of the proposed order. Written approval d Inventory Records,Controls and Reports 36 of 40 pages ARTICLE V 4 N ) Rev. 1/30/2024; Law No. Shopping Assistance Program IFMS 00000014601 001-6777-KIT1-4980-95285 The Contractor shall maintain proper and accurate inventory the Contractor shall enter into a lease or rental agreement,'or records and controls for all such furniture,removable fixtures shall renew a lease or rental agreement,the Contractor shall, and equipment acquired pursuant to the Contract and all prior prior to the execution thereof, submit such lease or rental agreements between the parties, if any. Three (3) months before the expiration date of the Contract,the Contractor shall agreement,to the County for approval. make a physical count of all items of furniture, removable fixtures and equipment in its custody, checking each item 9' Statement of Other Contracts against the aforesaid inventory records. A report setting forth the results of such physical count shall be prepared by the Prior to the execution of the Contract, the Contractor shall submit a Statement of Other Contracts to the County. If the Contractor on a form or forms designated by the County, certified and signed by an authorized official of the Contract is amended during the Term, or if the County Contractor,and one(1)copy thereof shall be delivered to the exercises its option right,the Contractor shall submit a then County within five(5)days after the date set for the aforesaid current Statement of Other Contracts. physical count. Within five(5)days after the termination or expiration date of the Contract,the Contractor shall submit to 10. Miscellaneous Fiscal Terms and Conditions the County six(6)copies of the same report updated to such date of the Contract, certified and signed by an authorized a• Limit of County's Obligations official of the Contractor, based on a physical count of all items of furniture,removable fixtures and equipment on the The maximum amount to be paid by the County is set forth on aforesaid expiration date,and revised,if necessary,to include the first page of the Contract. any inventory changes during the last three(3)months of the Term. b. Duplicate Payment from Other Sources e. Protection of Property in Contractor's Custody Payment by the County for the Services shall not duplicate payment received by the Contractor from any other source. The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, fixtures, C. Funding Identification equipment,material or supplies in its custody against damage or loss by fire,burglary,theft,disappearance,vandalism,or The Contractor shall promptly submit to the County upon misuse. In the event of burglary, theft, vandalism, or request, a'schedule for all programs funded by the County, disappearance of any item of furniture,fixtures,equipment, itemizing for each such program the sums received, their material or supplies,the Contractor shall immediately notify source and the total program budget. the police and make a record thereof,including a record of the results of any investigation which may be made thereon. In d. Outside Funding for Non-County Funded the event of loss of or damage to any item of furniture, Activities fixtures,equipment,materials,or supplies from any cause,the Contractor shall immediately send the County a detailed Notwithstanding the foregoing provisions ofthe Contract,it is written report thereon. the intent of the County that the terms and conditions of the Contract shall not limit the Contractor from applying for and f. Disposition of Property in Contractor's Custody accepting outside grant awards or from providing additional educational activities/services which may result in the Upon termination of the County's funding of any of the Contractor incurring additional costs,as long as the following Services covered by the Contract,or at any other time that the conditions are met: County may direct,the Contractor shall make access available and render all necessary assistance for physical removal by i.) The County is not the Fund Source for the County or its designee of any or all furniture,removable the additional services; fixtures,equipment,materials or supplies in the Contractor's custody in which the County has a proprietary interest, ii.) Sufficient funding is available for or can ,in the be generated by the Contractor to cover same condition as such properly was received by the Contractor, reasonable wear and tear excepted. Any the cost incurred by the Contractor to disposition,settlements or adjustments connected with such provide these additional services;and property shall be in accordance with the rules and regulations iii.) If sufficient funding is not available or of the County and the State of New York. cannot be generated, the County shall not be held liable for any of the S. Lease or Rental Agreements additional costs incurred by the Contractor in furnishing such additional If lease payments or rental costs are included in the Budget as services. an item of expense reimbursable by the County, the Contractor shall promptly submit to the County, iv.) Prior to scheduling any such additional request, any lease or rental agreement. If during the Tenn, services on County-owned property,the Contractor shall obtain written County 37 of 40 pages ARTICLE V Rev. 1/30/2024; Law No. IFMS 00000014601 Shopping Assistance Program 001-6777-KITI-4980-95285 approval. The Contractor shall, to the costs and/or all other relevant costs necessary to provide the County's satisfaction, submit any Services. documentation requested by the Department reflecting the change, and i. Payment of Claims identify the additional services to be provided and the source of funding that Upon receipt of a Suffolk County Payment Voucher, the shall be utilized to cover the County,at its discretion,may pay the Contractor during the expenditures incurred by the Contractor Term,in advance,an amount not to exceed one sixth(1/6)of in undertaking the additional services. the maximum amount to be paid by the County set forth on e. Potential Revenue the first page of the Contract. The Contractor shall actively seek and take reasonable steps i' Payments Limited to Actual Net Expenditures to secure all potential funding from grants and contracts with The Contractor agrees that if,for any reason whatsoever,the other agencies for programs funded by the County. Contractor shall spend during the Term for the purposes set forth in the Contract an amount less than,or receive amounts f. Payments Contingent upon State/Federal more than, provided in the Budget, the total cost of the Funding Contract shall be reduced to the net amount of actual Contractor expenditures made for such purposes. The total Payments under the Contract may be subject to and amount to be paid by the County shall not exceed the lesser of contingent upon continued funding by State and/or Federal (i)actual net expenditures or(ii)the total cost of the Contract agencies. In the event payments are subject to such funding on the cover page and in the Budget. Upon termination or no payment shall be made until the Contractor submits expiration of the Contract,if the Contractor's total amount of documentation in the manner and form as shall be required by allowable expenses is less than the total amount of the State and/or Federal agency. If late submission of claims payments made during the Term,the Contractor shall prepare precludes the County from claiming State or Federal a check payable to the Suffolk County Comptroller for the reimbursement,such late claims by the Contractor shall not difference between the two amounts and submit such payment be paid by the County subject to subparagraph g,below, if, to the County,along with the final Suffolk County Payment for any reason,the full amount of such funding is not made Voucher. available to the County, the Contract may be terminated in whole or in part,or the amount payable to the Contractor may k. Travel, Conference, and Meeting Attendance: be reduced at the discretion of the County,provided that any SOP A-07 Amendment 1 such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or Reimbursement to the Contractor for travel costs shall not reduction,and provided that money has been appropriated for exceed amounts allowed to County employees. All payment of such costs. conferences that are partially or fully funded by the County g. Denial of Aid that the Contractor's staff wishes to attend must be pre- approved, in writing, by the County and must be in compliance with Suffolk County Standard Operating If a State or Federal government agency is funding the Procedure A-07 which may be viewed online at the County's Contract and fails to approve aid in reimbursement to the website, SuffolkCountYnY ov; o to "Government," then "Comptroller,"then"Consultant's County for payments made hereunder by the County to the u g Contractor for expenditures made during the Term because of ltant's Agreements." any act,omission or negligence on the part of the Contractor, 1. Salaries then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal government agency, and the The Contractor shall not be eligible to receive any salary County's obligation to the Contractor shall be reduced b reimbursement until proof of deposit or payment of all Y any withholding and payroll taxes to the Federal/State such amounts. In such an event,if there should be a balance governments has been provided to the County. due to the County after it has made a final payment to the Contractor under the Contract,on demand by the County,the In. Salary Increases Contractor shall reimburse the County for the amount of the balance due the County, payable to the Suffolk County No sal Comptroller. The provisions of this subparagraph shall arY,Wage,or other compensation for the Services shall be increased over the amount stated in the Budget without the survive the expiration or termination of the Contract. prior written approval of the County. h. Budget n. Contractor Vacancies The Contractor expressly represents and agrees that the The County shall have the right of prior approval of the Budget lists all revenue,expenditures,personnel,personnel Contractor's filling of any vacant position as of the date of 38 of 40 pages ARTICLE V c Rev. 1/30/2024; Law No. Shopping Assistance Program IFMS 00000014601 001-6777-KIT1-4980-95285 execution of the Contract or as may thereafter become vacant, and,in the exercise of that right.The County may promulgate reasonable regulations involving filling of vacancies which shall be deemed to be incorporated by reference in, and be made part of,the Contract,provided,however,that subject to the availability of funding, approval for the hiring of replacement clerical shall be a Contractor determination. o• No Limitation On Rights Notwithstanding anything in this Article V to the contrary, the County shall have available to it all rights and remedies under the Contract and at law and equity. p• Comptroller's Rules and Regulations The Contractor shall comply with the"Comptroller's Rules and Regulations for Consultant's Agreements" as promulgated by the Department of Audit and Control of Suffolk County and any amendments thereto during the Term of the Contract. The"Comptroller's Rules and Regulations for Consultant's Agreements"and"SOP A-07 Amendment 1" may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then "Comptroller,"then"Consultant's Agreements." End of Text for Article V 39 of 40 pages ARTICLE V Jf Rev. 1/30/2024; Law No. `hopping Assistance Program IFMS 00000014601 001-6777-KIT1-4980-95285 i I� Budget Article VI I! Southold Shopping Assistance Program January 1,2024-December 31,2024 PERSONNEL Drivers $36,000 ' Fringe 2,754 O Gas&Oil 2,746 TOTAL $41500 Participant Contributions (1,500) Net Reimbursement 40.000 i i 40 of 40 pages ARTICLE VI