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Home My WebLink AboutSC Office for the Aging - Nutrition Program RESOLUTION 2024-304 ° ADOPTED^ DOC ID: 20116 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-304 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26, 2024: RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J Krupski Jr to execute the Southold Nutrition Contract between the Suffolk County Department of the Aging and the Town of Southold, for the period January 1, 2024 through December 31, 2024, with an option to extend the Contract to be exercised at the County's discretion to June 30, 2025, on the same terms and conditions, for a maximum of 29,000 home delivered meals and a maximum of 12,278 congregate meals annually, in accordance with a subrecipient grant award and at 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, Doherty, Evans COUNTY OF SUFFOLK RECEIVZO a Edward P.Romaine COUNTY EXECUTIVE Southold Town Clerk OFFICE FOR THE AGING Holly S.Rhodes-Teague DIRECTOR May 14, 2024 The Honorable Albert J. Krupski Jr., Supervisor Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Nutrition Program Dear Supervisor Krupski, The fully executed contract referenced above is enclosed for your files. 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, r� Holly Rhodes-Teague Director HRT:TS:ld Enclosures cc: Jacqueline Martinez H.LEE DENNISON BUILDING ♦ 100 VETERANS MEMORIAL HIGHWAY ♦ P.O.BOX 6100 ♦ HAUPPAUGE,N.Y.11788-0099 ♦ PHONE(631)853-8200 ♦FAX(631)853-8225 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 Index. 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 - RMv: 1130.�1024;Law No. oq4-NC._ t) IFMS NO. 000000014587 CIF'A/Su,,recipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONI-4980-95230 Southold Nutrition Contract 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-31d Floor, 100 Veterans Memorial Highway,Hauppauge,New York(Mailing address: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 for a Nutrition 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 extend the Contract,to be exercised at the County's discretion,to June 30,2025 on the same terms and conditions herein. Total Meals: Home-Delivered Meals: Congregate Meals: Not to Exceed 29,000 meals Annually Not to Exceed 12,278 meals Annually Meals Not to Exceed $216,630 Annually Meals Not to Exceed $86,440 Annually Total Cost of the Contract: Shall not exceed$303,070 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 thru 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 By: By: ^L Albert J.krupski,Jr. Kevin B.Molloy Town Supervisor Chief Deputy C un Exec ti e Fed. Taxpayer ID# 11-6001939 Date Date 3 J-1 7�/2 O `{�;� Approved: " 1� hl�reby certifies under Department �( $e i s .- pry �t an officer of By: �✓ �? that I have read and I am Holly -.Rhodes-Teague Date 7 fa-in ili A5 8 of cle V gf the Suffolk County Code,and that meets all Director, Office for the Aging requirements to qualify for exemption thereunder. Reco ended: & a / Date N/� ,L f By: A - � Signature Michelle Belsky Date Approved as to Form: Food Service Supervisor Christopher J. Clayton Suffolk County ney By: Jaqueline Ca k uti Assistant County orn y 8883369 Date l/ 1 of 55 pages 1 1 I2,0. 1/3+0�2024;Law No. EMS NO. 000000014587 61FDA/Subrecipient Line Item/Omnibus Grant 001-6790/EPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON1-4980-95230 List of Articles Article I Description of Services 1. Conflicting Provisions 2. Federal CFDA Subrecipient Requirements 3. Services 4. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013 5. Suffolk STAT 6. Contractor's Narrative Article 1A Grievance Procedure 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 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 10.Nonsectarian Declaration 11. Governing Law 12. No Waiver 13. Conflicts of Interest 2 of 55 pages l I Rev. 1/3612024;Law No. IFMS NO. 060000014587 41)A✓Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 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's/Vendor'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 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 3 of 55 pages 6 Rev 1/3(AA24;Law No. IFMS NO. 000000014587 CF,+DA/Subrecipient Line Item/Omnibus Grant 001-6790/I<:PC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONI-4980-95230 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 1. Salaries m. Salary Increases n. Contractor Vacancies o. No Limitation On Rights p. Comptroller's Rules and Regulations Article VI Budget Exhibit 1 Subrecipient Contract Documentation 4 of 55 pages Rr-v. 1/30/1024;Law No. IFMS NO. 000000014587 CF.nA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONI-4980-95230 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 Services are provided pursuant to Title IIIC-1 of the Older Americans Act and Nutrition Services Incentive Program,with a Catalog of Federal Assistance ("CFDA")Number of 93.045 and CFDA Number 93.053 (hereinafter"the Grant") information for which is set forth in Exhibit 1, entitled"Subrecipient Contract Documentation;"and Whereas,the County has selected the Contractor to provide the services as set forth herein; 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. Federal CFDA Subrecipient Requirements a. The Contractor shall provide the Services in accordance with this Article I and the Grant. b. For the purposes of this Contract,the Contractor is a"Subrecipient"as that term is defined in Section 200.93 of Title 2 of the Code of Federal Regulations ("CFR"). All provisions applicable to Subrecipients in Part 200 of Title 2 of the CFR, entitled"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" shall apply to the Contractor. C. To the extent that this Contract is funded, in whole or part with Federal funds, or mandated by Federal laws,(i)the provisions of the Contract that conflict with Federal rules,Federal regulations or Federal program specific requirements shall not apply and(ii)the Contractor shall comply with all applicable Federal rules, regulations and program specific requirements, including, but not necessarily limited to, those provisions set forth in Part 200 of Title 2 of the Code of Federal Regulations, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," as may be amended. d. Contractor shall provide all Services in a manner satisfactory to the Department and in compliance with applicable federal and state requirements, laws and regulations. e. The County shall regularly monitor the performance of Contractor against the goals and performance standards set forth herein and as may be set forth in the Grant. Such monitoring may consist,but not necessarily be limited to, Contractor site visits,Contractor conferences,and requests for reports and 5 of 55 pages 14, y Rev. 1/30/,'2024; Law No. IFMS NO. 000000014587 CEDA/Subrecipient Line Item/Omnibus Grant 001-6790/HI'C1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONI-4980-95230 data. Contractor shall cooperate with the Department's monitoring to the fullest extent possible, including,but not limited to,permitting Department access to Contractor's site,data and providing requested reports in a timely manner. f. The provisions of this paragraph shall survive the termination or expiration of the Contract. Contractor shall include these provisions in any subcontract it enters,as shall have been approved by the County, for the Services. 3. General Description of Services The Contractor shall provide a Nutrition Program for the Elderly to improve,maintain or delay the decline in the nutritional status of persons sixty(60)years of age and older and help them to remain independent in their own homes and communities, as more specifically detailed in Contractor's Narrative which is incorporated herein as if the same were repeated herein in full. 4. Adherence to Regulations a. The Contractor must comply with the regulations and statutes applicable to the conduct of the Nutrition Program for the Elderly contained in Title III of the Federal Older Americans Act (42 U.S.C.A. §3030e et seq.) as required by the United States Department of Health and Human Services, its Administration on Community Living,the New York State Office for the Aging, and Aging; and/or Chapter 35-a of the Consolidated Laws of New York ("Elder Law"), and Section 6654.10 of the New York Codes,Rules and Regulations (9 NYCRR §6654.10). b. The Contractor and all of their subcontractors shall adhere to the terms of the Department's 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 shall provide all nutrition services in conformity to New York State Office for the Aging requirements which are incorporated in the Suffolk County Office for the Aging Policy and Procedure Manuals which is provided to each Contractor. d. The Contractor shall adhere to the program specifications as outlined on the Summary Sheet(s) for either Congregate Program or Home Delivered Programs as submitted for this Contract, which may be modified and is (are) attached and made part of the Contract. e. The Contractor shall adhere to the specifications as submitted in the Contractor's Narrative to and the Contractor's specifications for Targeting, Outreach and Equal Access, which are attached and made part of this Contract. f. The Contractor shall comply, and shall require its officers and directors,partners,trustees or other members of its governing body, and personnel employed to render services under this Contract,to comply with all applicable rules, regulations and requirements of law, including without limitation,the Americans with Disabilities Act. 5. Caterer's Contract The Contractor shall provide a copy of the current caterer's contract if applicable. If the Contractor enters into subcontracts for the performance of work pursuant to this contract,the Contractor shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of Suffolk County Office for the Aging under this contract or the Area Agency Plan as 6 of 55 pages .ARTICLE I W 1 Rp_v. 1/30%2024;Law No. IFMS NO. 000000014587 CPDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 approved by New York State Office for the Aging. It shall be the responsibility of the Contractor to monitor and assess the activities performed under such subcontracts, and to ensure that these activities are provided in accordance with all applicable requirements contained in this contract and federal and state law. 6. Applicable to All Programs a. In general,but without limitation, the Contractor shall be required to meet the criteria listed below: i. There is no means test for services funded under this program. The term"means test"is defined as an eligibility determination for a program or services based upon an individual's or family's income and/or assets. ii. Each meal served must reflect the 2020-25 Dietary Guidelines for Americans, 9th edition, published by the Secretaries of Health and Human Services and Agriculture, and contain at least one third of the current Dietary Reference Intakes ("DRI") as established by the Food and Nutrition Board of the National Academies of Sciences, Engineering, and Medicine. A minimum of a four to six-week cycle menu must be approved at least 4 weeks in advance by the Office for the Aging nutritionist. Changes in the approved menu may be made only with prior approval from the Office for the Aging nutritionist or food service supervisor or other designated person(s) and kept to an absolute minimum. Menus must include varied flavors, colors,textures, food choices and preparation methods. The cycle menus must reflect seasonal changes in food availability. Special low salt and basic diabetic diets must be provided to those clients requiring such upon physician's order. The meal pattern and the amounts must follow those set forth by the 2020 Dietary Guidelines for Americans and up to date USDA"My Plate". All aspects of food preparation and service must meet the standards of the Suffolk County Department of Health Services, e.g., safe temperature of food—hot entree served at a minimum of 140°F, salad and other cold items served at 41°F or below. There shall be no more than two (2)hours between the time of completion of cooking and the beginning of serving for foods which need to be held at temperatures above 140 degrees F. For home-delivered meals,this applies to the last meal served on the route. iii. The Contractor's preparation site where the food is prepared,processed, and/or packaged must meet Suffolk County Department of Health Services and/or State Department of Health regulations. Consistent with these regulations, all food handlers who prepare or work with food must have a Food Manager's Certificate. Periodic physical examinations may be required. Further,the Contractor shall assure that such employees observe good habits of personal hygiene. The Contractor must provide the Department with a copy of the most recent Suffolk County Department of Health Services Food Establishment Inspection Report, and any subsequent reports issued during the term of the Contract. The Contractor must provide evidence that any violations cited on said report have been corrected and that the preparation site remains in compliance with Suffolk County Department of Health Services and/or State Department of Health regulations. iv. The nutrition site shall be open as stated on the Summary Sheet, which is attached and made part of this Contract; fully staffed, during regular business hours based on local 7 of SS pages ARTICLE I Rev. 1/30/,2024; Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/E1?C1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 need and available funding. Holiday schedules are to be posted one month in advance at the nutrition site. The Contractor shall submit copies of all holiday schedules and staff vacations to the Department. V. The Contractor shall cooperate with and accept direction from the Department's staff. vi. All nutrition programs which cook on site must hold a complete sample of each day's meal(s), including all components except milk and bread, in the refrigerator for five (5) days for testing purposes. All nutrition programs which serve catered meals must hold a complete sample of each day's meal(s), including all components except milk and bread, if possible, or hold three (3)tablespoons of each meal component, in the refrigerator for five (5) days for testing purposes. vii. All congregate sites will develop and maintain emergency plans for weather and evacuation. A copy of the plan will be submitted to the Department at least annually and in the event of modifications to the plans. viii. The County will not reimburse for meals ordered by the Contractor from a caterer who is directly paid by the County in instances where those meals are not served or verified as eligible. The cost of those unserved meals will be deducted from the Contractor's voucher for the month in which they were ordered but not served or verified. b. Specifications for Congregate Meal Programs i. Persons sixty(60)years of age or older or who are the spouse of an eligible individual regardless of age are eligible to participate in the congregate program. Meals may be available to handicapped or disabled persons under sixty(60)years of age who reside with eligible congregate participants. The standardized National Aging Program Information System(NAPIS) Client Registration Form (see also Policy&Procedure Manual) or New York State (NYS) Short Form must be completed for all participants annually, or more frequently if the client's circumstances change. ii. The Contractor must provide participant transportation as needed and supportive services as appropriate to the,needs and abilities of each participant. Supportive services include nutrition education, information and referral, outreach,public information,recreation, shopping assistance, socialization and volunteer activities. Nutrition education and training must include speakers and/or presentations. Flyers and hand-outs by themselves are not considered nutrition education. iii. When viewed as a whole,transportation services must be accessible to people with disabilities as required by the Americans with Disabilities Act of 1990 (P.L. 101-336) and the regulations thereunder(49 CFR part 37). iv. The Contractor must abide by standards set forth under both Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (P.L. 101- 336) and the regulations thereunder(28 CFR Parts 35 and 36) which require that all programs and facilities (buildings, restrooms, etc.)must be accessible to the handicapped. V. The site manager shall work closely with the Department's staff and other local agency staff to provide a full array of supportive services for participants. 8 of 55 pages ARTICLE I Wlb. 1/30/P24; Law No. IFMS NO. 000000014587 CFDAJSubrecipient Line Item/Omnibus,Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONl-4980-95230 C. Specifications for Home-Delivered Meal Programs i. Eligibility must be determined prior to the delivery of service by using the standardized Comprehensive Assessment Tool (COMPASS —Form) (see also Policy&Procedures Manual). Each client receiving home-delivered meals must meet the eligibility criteria. A care plan shall be developed within six (6) working days of the completion of the assessment. • Applicant must be physically and/or mentally unable to prepare or provide for his/her own nutritional needs, and be unable to attend a congregate nutrition site, and have no alternatives through which his/her nutritional needs can be met without hospitalization or institutionalization. • Applicant must be sixty(60) or over, or a resident spouse of a participant who is eligible and is receiving home-delivered meals. • Applicant must reside in the County of Suffolk and within established or proposed delivery area served by the Nutrition Site. • Applicant must live alone or with a spouse or resident who is unable to provide nutritionally adequate meals for the applicant. • Applicant must have no family, or other persons, in the immediate area who are capable and willing to provide nutritionally adequate meals for the applicant. • Applicant must be able to accept responsibility for consumption of home-delivered meals according to the instructions established by the Home Delivered Meal Program. Each client receiving home-delivered meals must be reassessed at appropriate intervals based on each client's situation,but in no instance less frequently than at least once in each(12)twelve-month period. The Contractor will also make a(6) six-month contact in the form of a home visit or a telephone call. I Once eligibility has been determined an assessment for the client MUST be completed prior to meal(s) served. In emergency situations, a meal may be served prior to the completed assessment with approval from Suffolk County Office for the Aging (SCOFA). In this instance, an assessment must be completed within five(5)'days. Failure to comply with this policy could result in a loss of reimbursement for meals served prior to an assessment being completed. iii. The packaging of meals must meet the standards of the Suffolk County Department of Health Services. Disposable,partitioned sealable containers are recommended. In order to maintain safe food temperatures in delivery, equipment approved by the National Sanitation Foundation must be purchased. Menus,whenever possible and feasible, should be sent to the clients. iv. The Contractor must provide supportive services to the homebound client according to his or her specific needs. The frequency of the supportive services will be determined by the individual assessment. Nutritional counseling and education must be included in this service. 9 of 55 pages ARTICLE I 4 W-v. 1/30)2024;Law No. IFMS NO. 000000014587 CEDAJSubrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 V. The Contractor shall provide a meal for those holidays and/or weather emergencies that fall on a weekday. The holiday/emergency meals may be frozen or canned and must be delivered the last business day before the holiday or weather emergency. In addition, an emergency supply of shelf-stable food should be made available twice a year for weather related emergencies. A list of suggested food items is available from the Department(see Policy&Procedure Manual). 7. Administration a. 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 service, act as liaison between the Department and the actual service, and ensure accuracy and timeliness of submission of all reporting forms and expenditures. 9 b. Program Staff shall attend meetings and training as requested by the Department. C. Attendance by site managers at site managers' meetings and training sessions is mandatory. Transportation to these meetings must be accomplished without decreasing transportation services to the program. 8. Contractor's Staff a. The Contractor agrees to employ adequate numbers of qualified staff and supervisory personnel to meet all the specifications and responsibilities of the program in an orderly,punctual and reliable manner and to assure the health, safety, and welfare of participants. Personnel involved in all aspects of food handling and preparation are to be in good health and trained to ensure the safety standards of the food prepared and served. A full-time manager/supervisor will direct and coordinate the daily operations. 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 County shall have the right to prior approval of the filling of any site manager position and the home-delivered meal assessor,and shall be advised by the Contractor of the duties and compensation of all personnel assigned to the Nutrition Program for the Elderly. 9. Coordination The Contractor must 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. 10. 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 10 of 55 pages ARTICLE I Rev. 1/30/2624; Law No. IFMS NO. 000000014587 CFOAJSubrecipient Line Item/Omnibus Grant 001-6790WC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON1-4980-95230 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 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 Far 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 11 of 55 pages ARTICLE I Rev. 1/302024;Law No. IFMS NO. 000000014587 CPDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON1-4980-95230 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 100% (150% for WIN) of the poverty level. iii. Frail—Persons with one (1) or more functional deficits in the following areas: a) Physical functions; b) Mental functions; 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). 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. iv. 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 12 of 55 pages ARTICLE I o , Rev. 1/3042024;Law No. IFMS NO. 000000014587 C1ODA/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONI-4980-95230 resource data,translated printed materials, location of services in catchment areas for targeted populations,publicity to community-based groups, and minority staff/volunteers. 11. 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 provide maximum accessibility to those older adults in greatest economic or social need, and new sites shall 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 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. C. 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 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. 12. Reporting Requirements a. For reports required for this fee-for-service Contract, one (1) unit of service is equal to one (1) meal. For Nutrition Education, each session is considered one (1) unit of service b. The following forms and reports are required by the County to meet the standards of the Nutrition program: 13 of 55 pages ARTICLE I Rev. 1/30y2024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON1-4980-95230 i. Monthly Program Reports Copies of the participant daily sign-in sheets must be received in the Department by the tenth(10'') day following month's end. The units of service/unduplicated count report, including targeting results, is due the tenth(10t') day following month's end. The activity report is due one (1) week prior to the month reported. Menu forms are due four(4)weeks prior to the serving cycle for a 4-6 week menu cycle. ii. Monthly Fiscal Reports Suffolk County Office for the Aging Forms NPAG 2 (congregate),NPAG 3 (home- delivered),NPAG 4 and NPAG 5 are due the tenth(10t') day following month's end. NPAG 4 and 5 are to be signed in ink by the site manager where indicated. The forms listed above are found in the Policy and Procedure Manuals. iii. 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. • Disabled/Frail. • Vulnerable. • Lives 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 Family Unit 100 % of Poverty Threshold 150 % of Poverty Threshold 185 % of Poverty Threshold 1 $15,060/year $22,590/year $27,861/year 2 $20,440/year $30,660/year $37,814/year • Minority. • Low Income Minority—Those minority persons whose income is at or below the poverty threshold. 14 of 55 pages ARTICLE I I I Rev. 1/304x624; Law No. IFMS NO. 000000014587 CMA/Subrecipient Line Item/Omnibus Grant 001-6790/IKPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONI-4980-95230 C. Electronic Reporting i. The Contractor shall maintain electronic records on all program participants using the most currently approved form provided by the Department and compliant with State and Federal reporting requirements. Data for all participants must be updated monthly. ii. In order to comply with electronic reporting requirements,the Contractor must have adequate computer equipment and software available to support the approved form. iii. NAPIS required registration must be completed for all congregate and home-delivered meal participants. The congregate NY Short Form or NAPIS Client Registration Form and home delivered-NY Comprehensive AFM form or subsequent approved assessment tool(s)must be entered electronically in Peer Place or in subsequent County approved computer systems. All participant data must be entered completely by the twelfth(12t') of each month for the previous month's data. iv. Home-delivered meal participants must have eligibility determined 1)prior to the delivery of service using the NAPIS required NY Comprehensive AFM form or subsequent approved assessment tool, or 2) in cases where there is a documented emergency;the assessment must be done within five (5)working days of service delivery. The Contractor shall contact the Department's Nutrition Unit of any occurrence whereby the assessment is not completed under 1) or 2) above. Each participant receiving home-delivered meals must be reassessed at appropriate intervals based on each participant's situation, but in no instance less frequently than at least once in each(12)twelve-month period. The Contractor will also make a(6) six-month contact in the form of a home visit or a telephone call. The assessment and subsequent reassessments must be entered electronically and completed by the twelfth(12t') of each month for the previous month's data. 13. 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 Contract. 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 within 5 days of receipt. 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. 14. 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 15 of 55 pages ARTICLE I Rey. 1/30F,2024;Law No. IFMS NO. 000000014587 CRDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797WTI-4980-95230 001-6776/KONI-4980-95230 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. 15. Promotions and Advertising 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: Purchased with Federal Funding: Purchased with State/County Funding: Funding provided by the Funding provided by the U.S.Administration for Community Living(ACL) through the New York State Office for the Aging New York State Office for the Aging and the through Suffolk County Suffolk County Office for the Aging b. Any announcement of the program on radio or television must identify funding in the same manner. C. The provisions of this paragraph shall prevail over any conflicting provisions of Article III Paragraph 20. 16. Contributions a. 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 if a person is unable or unwilling to make a contribution. The Contractor must maintain an audit trail of all incoming contributions and make monthly reports of any contributions received. All contributions must be used to enhance services. All printed materials used for the program must include the sources of funding for the Program and must include the following information: Contributions to this (these) service(s) are completely voluntary and anonymous. Service will not be denied because of inability or unwillingness to contribute. Any contribution you wish to make will be used to expand the program and will be greatly appreciated. b. Each recipient of service must be informed in writing of the opportunity to contribute at least annually. C. In the congregate setting,the Contractor must provide a locked box and envelopes for the suggested meal donations for the participants in order to protect the confidentiality of program participants' identities and the amount which they contribute. The suggested donation amount 16 of 55 pages ARTICLE I e . a Rev. 1/30/2024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/ICPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 will be determined through consultation with the Suffolk County Office for the Aging and the Site Council. i. All sites must post the suggested contribution for program participants. ii. Price of the meal for guests must be posted. iii. The above two amounts are to be posted near the locked box. d. For home-delivered meal participants,the Contractor must provide envelopes for the suggested meal donations of the participants in order to protect the confidentiality of the program participants' identities and the amount which they contribute: e. The Contractor must encourage individuals with self-declared incomes at or above 185% of the federal poverty guideline to contribute at levels based on the actual cost of services. 17. Soliciting 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 five (5)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 the 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, informing him/her of the sources of funding for the program and including the following information: Contributions are welcomed and are used to expand this service. 18. 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. The Contractor shall cooperate with the Department's periodic physical verification of cash, food, equipment, supplies and other assets of the program. b. Program The Contractor agrees to permit the Department's staff and staff of the New York State Office for the Aging to review program records and to monitor training, supervision and services at any time. 17 of 55 pages ARTICLE I )tev. 1/30/2024;Law No. IFMS NO. 000000014587 CFOA/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON1-4980-95230 19. 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. 20. 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. 21. 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 Measurements 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. 22. Suffolk STAT Beginning in the second month of the Contract term the Contractor shall submit monthly actual performance data, also known as key performance indicators ("KPIs") for the prior month's data, and analysis of the Contract performance measures via the County's Suffolk STAT application by linking onto http:Hsuffolkstat.suffolkcognb ny.gov no later than the 15''of each month of the Contract Term. Your target number of congregate meals monthly is 3440. Please enter the actual amount served monthly End of Text for Article I 18 of 55 pages ARTICLE I Rev. 1/30/2624;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON1-4980-95230 ARTICLE 1A GENERAL FOOD SPECIFICATIONS FOOD SPECIFICATIONS FOR CYCLE MENUS Meat or Alternate Meats - USDA Choice or Better Preservatives, tenderizers, or coloring agents may not be added to any fresh meat or fresh meat product. Vegetables and Fruits All fresh fruits and fresh vegetables must not contain bisulfates. All fresh fruits and fresh vegetables must be washed. Fresh Fruit Minimum Size Oranges 113 Apples 120 Bananas 150 Y2 cup represents drained weight of fruits and vegetables Frozen Vegetables - Grade A- Fancy (USDA) Canned Vegetables - Grade A- Fancy (USDA) Margarine-from liquid vegetable oil and fortified with Vitamin A Bread/Alternate-whole grain or enriched Instant Mashed Potatoes must be fortified with Vitamin C Milk -Vitamin A& D fortified skim or low-fat milk—Three (3) days lead time from day of service Desserts Gelatin Milk-based puddings used for pudding mix Canned Fruits - Grade A- Fancy (USDA) Canned Fruit Juices -Grade A- Fancy (USDA) -fortified with Vitamin C Frozen Fruits - Grade A- Fancy (USDA) All foods shall be obtained from State or Federal inspected plants. 19 of 55 pages ARTICLE I Rev. 1/30024; Law No. IFMS NO. 000000014587 CIRDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 Contractor's Response to Award Letter For Nutrition Programs for the Elderly& Targeting, Outreach and Equal Access Copy of Caterers Agreement and Town of Southold Privacy Agreement 20 of 55 pages ARTICLE I JACQUELINE MARTINEZ ��®�� Nutrition Program Senior Citizens Program Home Delivered Meals Director ��® Case Management Town of Southold Essential Transportation 750 Pacific Street ® Shopping Assistance Program P.O.Box 85 Senior Adult Day Care/ Mattituck,NY 11952 � Katinka House Tel.(631)298-4460 ® �� Telephone Reassurance Fax(631)298-4462 Residential Repair 191v d,) Southold Town Senior Services Program Narrative and Targeting Plan 2024 Nutrition Programs for the Elderly Congregate Nutrition Home Delivered Meals Program Summary: Southold Town Senior Services is a multipurpose senior center that provides nutrition and community-based support services to Town residents aged 60 and older. In March of 2024, Southold Town Senior Services will be celebrating its 50th year anniversary.The program was established in 1974 and stands as one of the first Town sponsored nutrition sites in Suffolk County. Over the last 49 years, our partnership with New York State and Suffolk County Office for the Aging has allowed us to deliver vital services to seniors in Southold Town including providing over 2 million hot nutritious meals to eligible seniors in both our congregate dining and home delivered meals programs. According to the 2010 U.S. Census Data,the senior population density of seniors aged 60 and older in Southold Town is 32.23%. One out of every three of our residents is a senior citizen and our programs continue to grow in direct response to the ever-changing needs of our population. Congregate meals are served at the Town's Senior Nutrition Program located in Mattituck.Home delivered meals are provided for seniors who have an acute or chronic disability and/or frailty that renders them homebound and unable to shop and cook for themselves. For the l/l/23 — 12/31/23 program year,the Town of Southold provided 5,675 congregate meals, 6,573 "grab and go"meals and 24,782 home delivered meals for an annual total of 37,030 meals. In 2023,we experienced increases in both our congregate and"grab and go"meal programs. Our 2024 daily service goal for home delivered meals is 112 and 53 for congregate meals which also includes a"grab and go"option. For the 2024 program year, our anticipated income for the Congregate Dining Program is$43,000.00 and $70,000.00 for the Home Delivered Meals Program. Our suggested,voluntary and anonymous contribution will remain at$4.00 per meal for ie y eligible seniors. Seniors are informed that suggested contributions are voluntary and anonymous and that no senior will be denied a meal for inability or unwillingness to contribute.This is accomplished through printed materials, signage and through regular announcements. Envelopes are provided both to seniors receiving home delivered and congregate meals. For the 2023 program year, our total voluntary contributions were$42,842.00 for the congregate program,which includes "grab and go"meals and$66,928.00 for home delivered meals. This is based on the suggested $4.00 contribution. To ensure we continue to provide a high-quality service, food satisfaction surveys are given to all seniors annually and a suggestion box is onsite. Their feedback is carefully reviewed and adjustments are made when possible,based on their recommendations. Client rights and grievance policies and procedures are posted throughout the building and sent to the home. Assessment Plan: In following the guidelines set forth under the Older Americans Act, Southold Town Senior Services is committed to our goal of providing nutrition and support services to elderly residents in our community. We employ two Case Managers who are our primary assessors for home delivered meals recipients.Ntozake Hatcher, MPA and Auristhela Reinert BSW, CASAC have extensive experience in working with seniors. Our Senior Citizens Center Manager, Shatina Jayne, acts as a back-up in home assessor as needed to avoid service delay. Client assessments and care plans are completed on all eligible seniors who request home delivered meals. Service is initiated when a client, family member or other service provider makes a referral by calling the Center.An intake is completed with basic information provided and an initial home visit is scheduled with the senior and/or family caregiver to complete the full client assessment. Once eligibility is determined,the client is provided service in a timely manner. Each client is provided with as information packet which includes a .program policy and procedure guide and a comprehensive list of support services available. Six month follow up contact is made by telephone to each client and typically an in-home visit is completed at least once annually by our assessors. In 2023, 153 in home assessments and 99 follow up contacts were completed. Virginia Fey,Adult Day Care Program Supervisor, provides outreach and assistance as needed for clients with Alzheimer's disease/related disorders and their family caregivers through both regular interaction at our Social Adult Day Care Program and the regularly scheduled monthly Caregivers' Support Group. The Peer Place program currently utilized by New York State Office for the Aging is accessed by our authorized users through the Department of Health's Health Commerce System (HCS) secure web portal that includes client profiles,the assessment tool,workflow pathways and reporting components.All event profiles and services provided are completed by assessors and designated program staff,Ntozake Hatcher, Case Manager,Kathleen Mazzaferro, Senior Citizen Aide II,Karen Pierzchanowski, Office Assistant and Auristhela Reinert, Case Manager. Shatina Jayne, Senior Citizens Center Manager, is responsible for all required monthly reporting to maintain full compliance with Suffolk County Office for the Aging. To optimize outcomes for seniors, close working relationships have been established with regular meetings of the Health Care Issues and Services for Seniors Committee. The meeting scheduled quarterly,hosts representatives from several agencies providing hospital and community-based services to seniors.This has allowed our staff to develop effective working relationships and remain current on information regarding programs and services beneficial to our seniors. Equal Access to Services and Targeting Plan: In following the guidelines set forth under the Older Americans Act, Southold Town Senior Services is committed to our goal of providing nutrition and support services to our elderly residents.According to the 2010 U.S. Census, 3.47%of the elderly residents in Southold Town are minority. Targeting the low-income minority elderly living in Southold Town, particularly in the Village of Greenport remains a high priority.In 2023, we were successful in our efforts as 7.8%of seniors served in our combined nutrition programs were minorities. Southold Town Senior Services continues to increase our visibility and expand access to our services.In 2019,Family Service League established a Naturally Occurring Retirement Community(NORC)Program in Greenport in partnership with the Town of Southold,New York State Office for the Aging, and Stony Brook Eastern Long Island Hospital.The Long Island Sound Senior Care Program (NORC) operates in the Greenport and serves a senior population with a large minority and low-income minority elderly population. In 2020, Southold Town Senior Services entered into an agreement with Island Harvest to be a mobile distribution site for commodity food distribution for eligible homebound seniors which continues in 2024. The NORC staff currently assists us in identifying and delivering to low-income and low-income minority seniors in Greenport.Other seniors identified by senior services staff as low-income and eligible for food commodities receive regular monthly deliveries by our staff. As a contractor with SCOFA,we are in compliance with the requirements set forth by Equal Access to Services and Targeting Policy(12-PI 08) and the Telephonic Interpretation Policy (12-IM-03) and are committed to expanding free access to the most vulnerable elderly,particularly those with limited English proficiency. Signage is posted at all entrances to our facility informing all participants in several languages that this free service is available to all.All program staff have been trained on the use of the language translation and interpretation services. We have provided information on the Town's website and have posted the service at the entrance of our facility. We are currently in contract with Geneva Worldwide Language Services for telephonic interpretation and document translation services.In addition, Southold Town entered into a supplemental contract for language interpretation services called Language Line Solutions in May 2022. We also have bilingual staff on site that provide assistance with interpretation and advocacy in Spanish for our seniors as needed. In 2015, Southold Town's Senior Center became an enrollment site for the Aged, Blind and Disabled(ABD)program in partnership with the Nassau-Suffolk Hospital Council, a certified navigator agency for the New York State of Health Marketplace. The New York State grant-funded ABD program can assist anyone who falls into one of three categories; certified blind, certified disabled or 65 years of age and older with access to Medicaid and/or Medicare coverage. Through Community Development Block Grant(CDBG) funding in 2016, Southold Town initiated a free portable ramp lending program to assist seniors in accessing their homes for periods of temporary illness or incapacity.The ramps are installed by our Maintenance Mechanic to seniors eligible for our Residential Repair Program and they are given an opportunity to make a voluntary and anonymous contribution to the program. Proceeds are used to expand the program.The Town also assists income eligible seniors with necessary modifications through the home repair program funded with community development block grant funds. Our Residential Repair Program is also available to install grab bars or other adaptive devices to assist seniors in need of special equipment. In 2023, Southold Town Senior Services added an additional handicapped accessible van to our fleet through the CDBG program. Similar to the van purchased in 2021,this van has a wheelchair lift and is equipped with adjustable track seating which allows for safe distancing between riders during transport. The addition of this van will expand our ability to safely transport frail and vulnerable seniors. In addition,the"senior walkability project"was completed in 2023 with CDBG funding. This project created a new handicapped accessible walkway that connects the Senior Center to the Love Lane hamlet center. Southold Town Senior Services previously partnered with the SAGE organization in providing on site services and activities to the LGBT community on the North Fork. While they no longer provide direct services on site,we do provide SAGE's print information to seniors and post all announcements regarding events and programs on our community bulletin board. We also make direct referrals to anyone needing their services. We continue to broaden our community outreach efforts to include daily public service announcements on Cablevision Channel 22—Government Access Television and WLNG-Radio/92.1FM. In addition to our existing print outreach activities of brochures,newspapers, senior center menus and activity calendars,we are featured in Eastern Long Island Hospital's newsletter along with Seniors Options and Solutions Program(SOS). The newsletter,which has a town wide distribution,has a dedicated section for seniors highlighting the programs and services available to them.Eastern Long Island Hospital's SOS Program also provides monthly wellness seminars at the Senior Center in conjunction with local health services providers and provides round trip transportation to any interested senior. Southold Town's website www.southoldtownny.us posts all Senior Center menus and activities weekly along with important links for forms and services that can be easily accessed. In addition, we continue to work closely with local civic associations such as the Mattituck Laurel Civic Association,Orient Civic Association,East Marion Civic Association,New Suffolk Civic Association,Greenport and Southold Rotary Clubs,Mattituck, Southold and Cutchogue's Lions Clubs,Kait's Angels,and others as part of outreach plans. SUMMARY- FOR CONGREGATE NUTRITION PROGRAMS 2024 CONTRACTOR: Southold Town Congregate Site Location within Total Catchment Area (if only one site list it or list added sites and areas (zip codes)they would likely service: Southold Town Human Resource Center,750 Pacific Street Mattituck NY 11952 PROVIDE ONE COPY OF THIS SUMMARY SHEET FOR EACH PROGRAM CATCHMENT AREA AND TYPE OF MEAL. (YOU MAY MAKE PHOTOCOPIES OF THIS FORM.) Hot/Cold Menu Served at Site: Hot Meals are served but occasionally cold meals(salads)are served Grab &Go (Includes Social Component)Client Pick UP/Area for Pick Up: N/A SENIOR CENTER LOCATION (zip codes): Southold Town Human Resource Center,750 Pacific Street, Mattituck,NY 11952 ❑ ❑ CATERED ❑X COOK ON SITE 26 Number of Meals to be served each day—Congregate 5 Number of days per week for program Check days of program ❑x M OT ❑x W NTH ©F 6am-4pm Hours of operation each day 4.00 Suggested contribution amount Location for congregate site: Southold Town Human Resource Center,750 Pacific Street, Mattituck,NY 11952 Location of program administration, if different from congregate site: Same location Please state any additional information affecting service delivery: Participants are required to call center by 10:00 am to reserve a seat. Revised 1/2024 SUMMARY SHEET 2024 a 8 / SUMMARY- FOR CONGREGATE NUTRITION PROGRAMS 2024 CONTRACTOR: Southold Town Congregate Site Location within Total Catchment Area (if only one site list it or list added sites and areas (zip codes)they would likely service: Southold Town Human Resource Center,750 Pacific Street Mattituck NY 11952 PROVIDE ONE COPY OF THIS SUMMARY SHEET FOR EACH PROGRAM CATCHMENT AREA AND TYPE OF MEAL. (YOU MAY MAKE PHOTOCOPIES OF THIS FORM.) Hot/Cold Menu Served at Site: Hot Meals are packaged, refrigerated and cooled to safe cold holding temperature before being ready for pick up Cold Meals are also stored at proper temperature before being picked up. Grab&Go (Includes Social Component) Client Pick UP/Area for Pick Up: Main Lobby SENIOR CENTER LOCATION (zip code): Southold Town Human Resource Center,750 Pacific Street, Mattituck, NY 11952 ❑ ❑ CATERED 0 COOK ON SITE 27 Number of Meals to be served each day—Grab&Go 5 Number of days per week for program Check days of program ❑X M ❑XT ZW OTH OF 6am-4pm Hours of operation each day 4.00 Suggested contribution amount Location for congregate site: Southold Town Human Resource Center,750 Pacific Street, Mattituck,NY 11952 Location of program administration, if different from congregate site: Same location Please state any additional information affecting service delivery: Meals require a 24-hour advance notice to arrange a meal pickup and are available for pickup Monday-Friday between 1:00pm—3:30 pm. Revised 1/2024 SUMMARY SHEET 2024 SUMMARY- FOR HOME-DELIVERED NUTRITION PROGRAMS 2024 CONTRACTOR: Southold Town ROUTE OR DELIVERY AREA: Orient PROVIDE ONE COPY OF THIS SUMMARY SHEET FOR EACH DELIVERY AREA AND TYPE OF MEAL. YOU MAY MAKE PHOTOCOPIES OF THIS FORM. Hot/Cold Meal Delivery: Hot Meals are delivered, but occasionally cold meals(salads)are provided Frozen Meal Delivery: On Holidays TARGET AREA(zip code): 11971,11944,11939 11957 ❑ ❑ CATERED ❑X COOK ON SITE 26 Number of Meals to be served each day—Home Delivered 5 Number of days per week for program Check days of program ❑X M ❑X T N W ❑X TH OF Gam-4pm Hours of operation each day 8:44am/1.48 hrs. (time and length of route) 4.00 Suggested contribution amount Location for home delivered site: Southold Town Human Resource Center 750 Pacific Steet Mattituck,NY 11952 Location of program administration if different from home delivered starting route: same Please state any additional information affecting service delivery: Home Delivered Meals are provided in advance of legal holidays and also inclement weather. If a legal holidav falls on a regular delivery day,2 meals are delivered the day before a holiday. Revised 01/2024 SUMMARY SHEET 2024 t SUMMARY- FOR HOME-DELIVERED NUTRITION PROGRAMS 2024 CONTRACTOR: Southold Town ROUTE OR DELIVERY AREA: Greenport PROVIDE ONE COPY OF THIS SUMMARY SHEET FOR EACH DELIVERY AREA AND TYPE OF MEAL. YOU MAY MAKE PHOTOCOPIES OF THIS FORM. Hot/Cold Meal Delivery: Hot Meals are delivered, but occasionally cold meals(salads)are provided Frozen Meal Delivery: On Holidays TARGET AREA(zip code): 11971,11944 ❑ ❑ CATERED 0 COOK ON SITE 25 Number of Meals to be served each day—Home Delivered 5 Number of days per week for program Check days of program ©M ❑X T I]W NTH I]F 6am-4pm Hours of operation each day 8:45am/1.40 hrs. (time and length of route) 4.00 Suggested contribution amount Location for home delivered site: Southold Town Human Resource Center 750 Pacific Steet Mattituck, NY 11952 Location of program administration if different from home delivered starting route: same Please state any additional information affecting service delivery: Home Delivered Meals are provided in advance of legal holidays and also inclement weather. If a Legal holiday falls on a regular delivery day,2 meals are delivered the day before a holiday Revised 01/2024 SUMMARY SHEET 2024 SUMMARY- FOR HOME-DELIVERED NUTRITION PROGRAMS 2024 CONTRACTOR: Southold.Town ROUTE OR DELIVERY AREA: Southold I PROVIDE ONE COPY OF THIS SUMMARY SHEET FOR EACH DELIVERY AREA AND TYPE OF MEAL. YOU MAY MAKE PHOTOCOPIES OF THIS FORM. Hot/Cold Meal Delivery: Hot Meals are delivered, but occasionally cold meals(salads)are provided Frozen Meal Delivery: On Holidays TARGET AREA(zip code): 11971 ❑ ❑ CATERED © COOK ON SITE 26 Number of Meals to be served each day—Home Delivered 5 Number of days per week for program Check days of program ❑X M ❑X T ❑X W ❑x TH ❑x F 6am-4pm Hours of operation each day 8:45am/1:26 hrs. (time and length of route) 4.00 Suggested contribution amount Location for home delivered site: Southold Town Human Resource Center 750 Pacific Steet Mattituck,NY 11952 Location of program administration if different from home delivered starting route: same Please state any additional information affecting service delivery: Home Delivered Meals are provided in advance of legal holidays and also inclement weather. If a legal holidav falls on a regular delivery day. 2 meals are delivered the day before a holiday. Revised 01/2024 SUMMARY SHEET 2024 0 SUMMARY- FOR HOME-DELIVERED NUTRITION PROGRAMS 2024 CONTRACTOR: Southold Town ROUTE OR DELIVERY AREA: Southold If PROVIDE ONE COPY OF THIS SUMMARY SHEET FOR EACH DELIVERY AREA AND TYPE OF MEAL. YOU MAY MAKE PHOTOCOPIES OF THIS FORM. Hot/Cold Meal Delivery: Hot Meals are delivered but occasionally cold meals(salads)are provided Frozen Meal Delivery: On Holidays TARGET AREA(zip code): 11935,11956 ❑ ❑ CATERED X❑ COOK ON SITE 16 Number of Meals to be served each day—Home Delivered 5. Number of days per week for program Check days of program ©M ❑X T ow NTH I]F 6am-4pm Hours of operation each day 12:40pm/1.15 hrs. (time and length of route) 4.00 Suggested contribution amount Location for home delivered site: Southold Town Human Resource Center 750 Pacific Steet Mattituck, NY 11952 Location of program.administration if different from home delivered starting route: same Please state any additional information affecting service delivery: Home Delivered Meals are provided in advance of legal holidays and also inclement weather. If a legal holidav falls on a regular delivery day.2 meals are delivered the day before a holiday Revised OV2024 SUMMARY SHEET 2024 SUMMARY- FOR HOME-DELIVERED NUTRITION PROGRAMS 2024 CONTRACTOR: Southold Town ROUTE OR DELIVERY AREA: Mattituck/Laurel PROVIDE ONE COPY OF THIS SUMMARY SHEET FOR EACH DELIVERY AREA AND TYPE OF MEAL. YOU MAY MAKE PHOTOCOPIES OF THIS FORM. Hot/Cold Meal Delivery: Hot Meals are delivered but occasionally cold meals(salads)are provided Frozen Meal Delivery: On Holidays TARGET AREA(zip code): 11952,11948 ❑ ❑ CATERED N COOK ON SITE 15 Number of Meals to be served each day—Home Delivered 5 Number of days per week for program Check days of program N M NT ❑X W NTH ❑X F 6am-4pm Hours of operation each day 12:45pm/1.26hrs. (time and length of route) 4A0 Suggested contribution amount Location for home delivered site: Southold Town Human Resource Center 750 Pacific Steet Mattituck,NY 11952 Location of program administration if different from home delivered starting route: same Please state any additional information affecting,service delivery: Home Delivered Meals are provided in advance of legal holidays and also inclement weather. If a legal holiday falls on a regular delivery day.2 meals are delivered the day before a holiday Revised 01/2024 SUMMARY SHEET 2024 SEC. 20. HOLIDAYS 26.1 Full-time employees will be entitled to the following holidays off with pay: • the first day of January, known as New Year's Day • the third Monday of January, known as Martin Luther King, Jr. Day • the third Monday in February, known as President's Day • the last Monday in May,known as Memorial Day • the 19" day of June, known as Juneteenth • the fourth day of July,known as Independence Day • the first Monday in September, known as Labor Day • the second Monday in October, known as Columbus Day • the Tuesday next succeeding the first Monday in November, known as Election Day • the eleventh day of November, known as Veteran's Day • the fourth Thursday in November, known as Thanksgiving Day • the day after Thanksgiving Day, except for employees assigned to the Landfill, who will receive a floating holiday to be scheduled as though it were a personal day • the twenty-fifth day of December, known as Christmas Day • the eve of Thanksgiving Day, 1/2 day • the eve of Christmas Day, 1/2 day • the eve of New Year's Day, %Z day Rev. 1/30/-11)24;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790WCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON1-4980-95230 Personal Privacy Protection Agreement Between Suffolk County Office for the Aging And Town of Southold This Agreement ("the Agreement") 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 ("SCOFA"), located at the H. Lee Dennison Building — 31d Floor, 100 Veterans Memorial Highway, Hauppauge, New York (Mailing address: P.O. Box 6100, Hauppauge, New York 11788- 0099; and the Town of Southold ("the Contractor") having an address at 53095 Main Road, PO Box 1179, Southold, New York 11971. Statewide databases, as defined under Personal Privacy Protection Law (PPPL), Article 6-A of the Public Officers Law, are software systems created, developed, or maintained by a state agency. Such databases and the information entered,into these databases are subject to the requirements of the PPPL. The Peer Place Cloud-Based Data Management System ("Data System"), developed by Peer Place Networks, LLC, is maintained by and made available to AAA and its contractors by the New York State Office for the Aging ("NYSOFA"), a state agency, and is therefore a statewide database. Any reference to a System of Records herein shall also refer to a statewide database. I. DEFINITIONS 1. Data Subject: Any natural person about whom Personal Information has been collected by or on behalf of a state agency. 2. Personal Information ("PI"): Any information concerning a data subject which, because of name, number, symbol, mark, or other identifier, can be used to identify that data subject. Any reference to "Personally Identifiable Information" shall mean Personal Information, and the terms may be used interchangeably. 3. Protected Health Information ("PHI"): Protected Health Information carries the definition provided in 45 C.F.R. § 160.103. 4. System of Records: Any group of records under the actual or constructive control of any State agency which includes the Personal Information of one or more Data Subjects. Any reference to "statewide database" shall mean a System of Records, and the terms may be used interchangeably. 21 of 55 pages ARTICLE I Rev. 1/3042024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/EPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 5. Health Commerce System ("HCS"): HCS is a secure web portal managed by the New York State Office of Information Technology Services. This secure, web portal is a gateway to a number of applications containing PI and PHI, and thus, designated to meet the highest levels of security. The Data System is one of these applications. Only authenticated and authorized users, those who have received proper clearance and have a designated role, shall be granted access. II. RESPONSIBILITIES OF THE CONTRACTOR A. The Contractor acknowledges and understands that the Data System will include information that identifies individuals applying for or receiving services administered by SCOFA underthe auspices of NYSOFA. This information is confidential and privileged. The Contractor shall comply with all applicable Federal and State privacy laws and regulations governing electronically stored data. The Contractor shall comply with PPPL requirements regarding data use, access, disclosure, privacy, and security as set forth in this Agreement. The Contractor shall monitor the performance of its employees, agents, contractors, and subcontractors in complying with the PPPL requirements and those identified in this Agreement. The Contractor shall maintain documentation of such efforts subject to audit. B. The Contractor understands that any statewide database maintained by a state agency, and entry of any Personal Information, as defined in Section Ninety-Two (92)of the Public Officers Law, into such database, are subject to the provisions of the PPPL. The Contractor understands that the requirements imposed by the PPPL will apply to such data due to its location within a system of records maintained by NYSOFA. C. The Contractor understands that, underthe PPPL, NYSOFA is required to cause the requirements of the PPPL to be applied to any agreements it executes that relate to the use and entry of data in its systems of records. The Contractor understands that NYSOFA has extended these requirements to SCOFA by separate agreement, and that SCOFA likewise must cause the requirements of the PPPL to be applied to any agreements it executes that relate to the use and entry of data in its systems of records. The Contractor agrees that its use of and entry of data into the statewide database will comply with all requirements applicable to such data under the PPPL. D. The Contractor understands and agrees that the requirements of the PPPL and those identified in this Agreement must also be applied to any contracts and/or subcontracts entered into by the Contractor which involve use of and/or access to the Data System or any Personal Information which is or will be located therein, including the collection of Personal Information and entry into the Data System. The Contractor is responsible for ensuring that all such requirements are extended to all contractors and/or subcontractors. 22 of 55 pages ARTICLE II Rev. 1/3OA024;Law No. IFMS NO. 000000014587 CF�DA/Subrecipient Line Item/Omnibus Grant 001-6790/IPC1-4980-95230 Nutrition Program for the Elderly 001-6797/IPT1-4980-95230 001-6776/KON1-4980-95230 E. The Contractor agrees to comply with all current and future policies, procedures, and instructions issued by NYSOFA or SCOFA relating to the handling of any data which is subject to the PPPL. F. The Contractor will fully inform all employees, agents, and subcontractors authorized to access the statewide database of the confidential nature of the information contained therein, the safeguards required to protect the information, and any civil and criminal sanctions for noncompliance contained in applicable State and Federal laws. G. The Contractor shall make no disclosures of Personal Information other than those allowable under the PPPL or as permitted by SCOFA and/or NYSOFA. H. The Contractor shall comply with instructions issued by NYSOFA or SCOFA that relate to collecting and making available certain client data for purposes of emergency preparedness. Such instructions may require utilization of a module or program made available within the Data System to maintain the information necessary to respond to an emergency and to generate a report of such data in the event of an emergency. I. The Contractor shall comply with the requirements of 45 C.F.R. § 1321.51 and all other applicable federal and state laws and regulations in obtaining the informed consent of individuals from whom information is collected, recorded, or shared in connection with the provision of services. The Contractorwill comply with instructions provided by NYSOFA or SCOFA regarding the obtaining of and documenting of informed consent. This includes use by the Contractor of any scripts, processes, and procedures developed by NYSOFA or SCOFA and provided to the Contractor which relate to obtaining and documenting of the informed consent of an individual to capture, share, and/or disclose his or her information, including the use of such information for purposes of emergency preparedness. J. The Contractor must comply with the requirements of the HCS. The Contractor shall designate a dedicated HCS Director and HCS Coordinator upon the execution of the Agreement. K. The Contractor must comply with all password requirements in order to safeguard personal privacy. III. Confidentiality of Records A. Notwithstanding the foregoing, the Contractor expressly agrees to preserve the confidentiality of all data and information shared, received, collected, or obtained as a result of this Agreement. No disclosure, re-disclosure or release of such data or information is to be made, permitted, or encouraged by the Contractor or its officers or employees, except as expressly authorized by law. It is further understood and agreed that no such data or information is to be used for personal benefit. The County further agrees that its employees shall be specifically instructed in regard to 23 of 55 pages ARTICLE II Rev. 1/3012024;Law No. IFMS NO. 000000014587 CFDAISubrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON1-4980-95230 their obligation to keep such data and information in confidence and their liability upon breach of confidentiality to all the penalties prescribed by law. B. The Contractor further agrees to implement such procedures for safeguarding information, as the County shall require. The Contractor further agrees to indemnify and hold the County harmless against any loss, damage, cost or expense arising out of any suit, claim or demand which may be brought or made against the County by reason of a breach of these provisions as specified in Section V of this Agreement. C. Any document of the County used by the Contractor in this Agreement shall remain the property of the County and shall be kept confidential in accordance with applicable laws, rules, and regulations. D. Contractor must develop and implement policies and practices to ensure the maintenance of confidential individual information. IV. TERM, SUSPENSION AND TERMINATION A. The term of this Agreement shall.commence upon full execution and shall remain in effect for one (1) year. B. SCOFA may immediately suspend, limit, or terminate this Agreement and/or access -by the Contractor, its agents, employees, or subcontractors to the Data System in writing by SCOFA upon a failure to comply with: i. the terms of this Agreement; or ii. any applicable federal or state laws or regulations such that it compromises the security and/or integrity of the Data System or the data contained therein. C. To the extent necessary to comply with the requirements of the PPPL and any other applicable State or Federal law, the terms of this Agreement shall survive its termination. D. .SCOFA's right to terminate this Agreement for breach thereof shall not limit the right of the SCOFA to undertake any other action under the Agreement, or State or Federal law, to enforce this Agreement and secure satisfactory,corrective action, or to undertake other remedial actions permitted by State or Federal law to effect adherence to the requirements herein, including seeking damages, penalties, and restitution as permitted under such law. 24 of 55 pages ARTICLE II Rev. 1/30I2024; Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/ICPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 V. GENERAL PROVISIONS A. No modification of this Agreement will be effective unless it is in writing and fully executed by the parties hereto. Any failure to enforce a provision of this Agreement shall not be construed as a waiver of any succeeding breach of such provision, or a waiver of the provision itself. B. The Contractor may not assign this Agreement, its obligations, or any interest hereunder. Any assignment of this Agreement shall be null and void. C. The Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venue shall be designated in the Supreme Court, Suffolk County, the United States District Court forthe Eastern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. D. If any term or provision, or portion thereof, of this Agreement is, or becomes, invalid or unenforceable under any applicable statute or rule of law or public policy, it is to be deemed severed from this Agreement to the extent of its unenforceability or invalidity, and shall have no effect on the validity or enforceability of any other term or provision, or of this Agreement as a whole, which shall remain in full force and effect. E. The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands,judgments, losses, suits or actions, costs, and expenses caused by the negligence or any acts or omissions of the Contractor, including reimbursement of the cost of reasonable attorneys'fees incurred by the County, its agents, servants, officials, and employees in any action or proceeding arising out of, or in connection with, the Agreement. F. The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing the terms of this Agreement. The Contractor agrees that it shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses arising out of any claim asserted for infringement of copyright, including reimbursement of the cost of reasonable attorneys'fees incurred by the County, its agents, servants, officials, and employees in any action or proceeding arising out of or in connection with any claim asserted for infringement of copyright. G. The Contractor shall defend the County, its agents, servants, officials, and employees in any proceeding or action, including appeals, arising out of, or in connection with, the Agreement, and any copyright infringement proceeding or action. Alternatively, at the County's option, the County may 25 of 55 pages ARTICLE II Rev. 1/3012024;Law No. IFMS NO. 000000014587 CF,DA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 defend any such proceeding or action and require the Contractor to pay reasonable attorneys'fees or salary costs of County employees of the Department of Law for the defense of any such suit. H. The Contractor hereby waives, releases and forever discharges the County, its successors, executors, administrators, heirs, assigns, officers, officials, employees, contractors, agents and other persons from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,judgments, extents, executions, claims and demands whatsoever, known or unknown, direct or consequential, foreseen and unforeseen, matured or unmatured, concealed or in law, admiralty or equity, which the Contractor, its heirs, successors or assigns, ever had, now have, or hereafter can, shall or may have for, upon, or by reason of any matter, cause or thing whatsoever, from the beginning of time to the date of this Agreement. I. The Contractor shall not, during the Term, pursue a course of conduct which would cause a reasonable person to believe that he or she is likely to be engaged in acts that create a substantial conflict between its obligations under the Agreement and its private interests. The Contractor is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue as long as the Term. The determination as to whether or when a conflict may potentially exist shall ultimately be made by the County Attorney of the County of Suffolk after full disclosure is obtained. J. The Contractor and the County shall render diligently to each other, without compensation, any and all cooperation that may be required to defend the other party, its employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives arising out of, or in connection with, the Agreement. K. It is expressly agreed that the status of the Contractor and the County hereunder are that of independent contractors. Neither the Contractor nor any person hired by the Contractor shall be considered employees of the County for any purpose whatsoever. Likewise, neither the County nor any person hired by the County shall be considered employees of the Contractor for any purpose whatsoever. L. It is expressly agreed that this instrument represents the entire agreement of the parties and that,all previous understandings are merged in this Agreement. M. This Agreement shall not be construed to inure to the benefit of third parties. N. 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 one (1) of the Agreement 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 26 of 55 pages ARTICLE II Rev. 1/30,2024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790"C1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to SCOFA and also to the County Attorney at 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 11788-0099. 27 of 55 pages ARTICLE II Rev. 1/30i2024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1=4980-95230 001-6776/KONI-4980-95230 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 funded under Title III of the Act. II. Notifying Participants of RiLyht 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 Title III 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 28 of 55 pages ARTICLE II Rev. 1/30/3024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/ICPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 provider agency, or any other person designated by such director who is not familiar with or otherwise involved in the particular grievance. 2) The grievance should be filed 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 meeting with 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 filed. 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 29 of 55 pages ARTICLE II Rev. 1/30%1024; Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 followed. If appropriate,the Suffolk County Office for the Aging Director or his/her designee 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. Recordkeepin 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. 30 of 55 pages ARTICLE II Rev. 1/30/2024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/I<?CI-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONI-4980-95230 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): 31 of 55 pages ARTICLE II Rev. 1/31r1/2024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 Please state, if you know,what relief you are seeking: Signed: Name(print): Date: Address: Phone Number: End of Article 1A End of Text for Article I 32 of SS pages ARTICLE II Rev. 1/30,/2024;Law No. lFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797"T1-4980-95230 001-6776/KONI-4980-95230 Article II insurance required by the Contract with an insurer that has Definitions designated the New York Superintendent of Insurance as its lawful agent for service of process;or 1. Meanings of Terms d. the Contractor's failure to comply with any Federal, As used herein: State or local law,rule,or regulation,and County policies or directives;or "Audit of Financial Statements"means the examination by the Comptroller and any Federal or State auditing authority of e. the Contractor's bankruptcy or insolvency;or the financial statements of the Contractor resulting in the publication of an independent opinion on whether or not f. the Contractor's failure to cooperate in an Audit of those financial statements are relevant, accurate, complete, Financial Statements;or and fairly presented. g. the Contractor's falsification of records or reports, "Budget" means the Contractor's summary or plan of all misuse of funds,or malfeasance or nonfeasance in financial intended revenue, whether received in the form of fees, record keeping arising out of, or in connection with, any grants,County funding,or any other source,and expenditures contract with the County;or necessary to render the Services. h. the Contractor's failure to submit, or failure to "Budget Deficiency Plan"means an analysis of the cost of timely submit, documentation to obtain Federal or State the Services, changes in fiscal conditions, and required funds;or modifications to the Contract to continue to render the Services. i. the inability of the County or the Contractor to obtain Federal or State funds due to any act or omission ofthe "Comptroller" means the Comptroller of the County of Contractor;or Suffolk. j. any condition that the County determines,in its sole "Contract"means all terms and conditions of this Contract discretion,is dangerous. 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, "Federal" means the United States government, its volunteers,and any successor or assign of any one or more of departments,and agencies. the foregoing performing the Services. "Fringe Benefits" means non-wage benefits which "County"means the County of Suffolk,its departments,and accompany, or are in addition to, a person's salary,such as agencies. 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 "Department"means the signatory department approving the obligation. Contract. "Legislature"means the Legislature ofthe County of Suffolk. "Engineering Services"means the definition of the practice of engineering and the definition of practice of land "Management Letter"means a letter certified as true by the surveying, as the case may be, under Section 7201 and Contractor's certified public accountant or chief financial Section 7203 of the State Education Law,respectively. officer of findings and recommendations for improvements in internal fiscal control that were identified during an Audit of "Event of Default"means Financial Statements, but which were not required to be included in an audit report. a. the Contractor's failure to perform any duty required of it under paragraphs 1(b)-(e)of Article III of the "Municipal Corporation"means a town,village,or school Contract;or district. b. the Contractor's failure to maintain the amount and "Services"means all that which the Contractor must do,and types of insurance with an authorized insurer as required by any part thereof arising out of, or in connection with, the the Contract;ore. the Contractor's failure to maintain Contract as described in Article I"Description of Services." 33 of 55 pages ARTICLE II Rev. 1/3042M24;Law No. IFMS NO. 000000014587 CF,DA/Subrecipient Line Item/Omnibus Grant 001-6790/IPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONI-4980-95230 2. Elements of Interpretation "State"means the State of New York. Words of the masculine gender shall mean and include "Statement of Other Contracts"means a complete list of all correlative words of the feminine and neuter genders and other contracts under which money has been or will be paid words importing the singular number shall mean and include to the Contractor from the County, Federal, or State the plural number and vice versa. Words importing persons governments,or a Municipal Corporation,and(i)which are shall include firms, associations, partnerships (including currently in effect or(ii)which have expired within the past limited partnerships), trusts, corporations, and other legal twelve(12)months and have not been renewed. entities, including public bodies,as well as natural persons, and shall include successors and assigns. "Suffolk County Payment Voucher"means the document authorized and required by the Comptroller for release of Capitalized terms used, but not otherwise defined, herein, payment. shall have the meanings assigned to them in the Contract. "Term"means the time period set forth on page one of the End of Text for Article II Contract and,if exercised by the County,the option period. 34 of 55 pages ARTICLE II Rev. 1/30/2024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/IPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 Article III termination of such license. Without limiting the General Terms and Conditions generality of the foregoing, if any part of the Contract remains to be performed, and the 1. Contractor Responsibilities termination of the license does not affect the Contractor's ability to render the Services, every a. Duties and Obligations other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted i.) It shall be the duty of the Contractor to by law. discharge, or cause to be discharged, all of its responsibilities,and to administer funds received in d. Documentation of Professional Standards the interest of the County in accordance with the provisions of the Contract. The Contractor shall maintain on file, in one location in Suffolk County, all records that demonstrate that it has ii.) The Contractor shall promptly take all complied with sub-paragraphs(b)and(c)above. The address action as may be necessary to render the Services. of the location of the aforesaid records and documents shall be provided to the County no later than the date of execution iii.) The Contractor shall not take any action of the Contract. Such documentation shall be kept, that is inconsistent with the provisions of the maintained,and available for inspection by the County upon Contract. twenty-four(24)hours notice. iv.) Services provided under this Contract e. Credentialing shall be open to all residents of the County. i.) In the event that the Department,or any b. Qualifications, Licenses, and Professional division thereof,maintains a credentialing process Standards to qualify the Contractor to render the Services,the Contractor shall complete the required The Contractor represents and warrants that it has,and shall credentialing process. In the event that any State continuously possess,during the Term,the required licensing, credential, registration, certification or license, education,knowledge,experience,and character necessary to Drug Enforcement Agency registration, or qualify it to render the Services. Medicare or Medicaid certification is restricted, suspended,or temporarily or permanently revoked, The Contractor shall continuously have during the Term all it is the duty of the Contractor to contact the required authorizations, certificates, certifications, Department,or division thereof,as the case may be, registrations,licenses,permits,and other approvals required in writing,no later than three(3)days after such by Federal, State, County, or local authorities necessary to restriction,suspension,or revocation. qualify it to render the Services. ii.) The Contractor shall forward to the C. Notifications Department,or division thereof as the case may be, on or before July 1 of each year during the Term,a i.) The Contractor shall immediately notify complete list of the names and addresses of all the County, in writing, of any disciplinary persons providing the Services, as well as their proceedings, commenced or pending, with any respective areas of certification, credentialing, authority relating to a license held by any person registration,and licensing. necessary to qualify him,her,or the Contractor to perform the Services. f. Engineering Certificate ii.) In the event that a person is no longer In the event that the Contract requires any Engineering licensed to perform the Services, the Contractor Services,the Contractor shall submit to the County,no later must immediately notify the County, but in no than the due date for submission for approval of any event shall such notification be later than five(5) engineering work product,the Certificate of Authorization days after a license holder has lost the license ("Certificate"),issued pursuant to § 7210 of the New York required to qualify the license holder or the Education Law,of every person performing any Engineering Contractor to perform the Services. Services. The failure to file, submit, or maintain the Certificate shall be grounds for rejection of any engineering iii.) In the event that the Contractor is not work product submitted for approval. able to perform the Services due to a loss of license,the Contractor shall not be reimbursed for the Services rendered after the effective date of 35 of 55 pages ARTICLE III Rev. 1/300024;Law No. IFMS NO. 000000014587 CF,DA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON1-4980-95230 2. Termination employees from and against all liabilities, fines, penalties, actions,damages,claims,demands,judgments,losses,suits a. Thirty Days Termination or actions, costs, and expenses caused by the negligence or any acts or omissions of the Contractor, including The County shall have the right to terminate the Contract reimbursement of the cost of reasonable attorneys' fees without cause,for any reason,at any time,upon such terms incurred by the County, its agents, servants, officials, and and conditions it deems appropriate,provided,however,that employees in any action or proceeding arising out of or in no such termination shall be effective unless the Contractor is connection with,the Contract. given at least thirty(30)days notice. b. The Contractor hereby represents and warrants that b. Event of Default;Termination on Notice it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect, i.) The County may immediately terminate indemnify,and hold harmless the County,its agents,servants, the Contract, for cause, upon such terms and officials,and employees from and against all liabilities,fines, conditions it deems appropriate, in the Event of penalties, actions, damages, claims, demands,judgments, Default,as defined in Article II. losses,suits or actions,costs,and expenses arising out of any claim asserted for infringement of copyright, including ii.) If the Contractor defaults under any other reimbursement of the cost of reasonable attorneys' fees provision of the Contract, the County may incurred by the County, its agents, servants, officials, and terminate the Contract, on not less than five (5) employees in any action or proceeding arising out of or in days notice, upon such terms and conditions it connection with any claim asserted for infringement of deems appropriate. copyright. C. Termination Notice C. The Contractor shall defend the County,its agents, servants, officials, and employees in any proceeding or Any notice providing for termination shall be delivered as action, including appeals, arising out of, or in connection provided for in paragraph 27 of this Article III. with, the Contract, and any copyright infringement proceeding or action.Alternatively,at the County's option, d. Duties upon Termination the County may defend any such proceeding or action and require the Contractor to pay reasonable attorneys' fees or i.) The Contractor shall discontinue the salary costs of County employees of the Department of Law Services as directed in the termination notice. for the defense of any such suit. ii.) Subject to any defenses available to it, 4. Insurance the County shall pay the Contractor for the Services rendered through the date of termination. a. The Contractor shall continuously maintain,during the Term of the Contract,insurance in amounts and types as iii.) The County is released from any and all follows: liability under the Contract,effective as of the date of the termination notice. i.) Commercial General Liability insurance, iv.) Upon termination, the Contractor shall including contractual liability coverage, in an reimburse the County the balance of any funds amount not less than Two Million Dollars advanced to the Contractor by the County no later ($2,000,000.00)per occurrence for bodily injury than thirty (30) days after termination of the and Two Million Dollars ($2,000,000.00) per Contract. The provisions of this subparagraph shall occurrence for property damage. The County shall survive the expiration or termination of the be named an additional insured. Contract. ii.) Automobile Liability insurance (if any V.) Nothing contained in this paragraph shall non-owned or owned vehicles are used by the be construed as a limitation on the County's rights Contractor in the performance of the Contract)in set forth in paragraphs 1(c) (iii) and 8 of this an amount not less than Five Hundred Thousand Article III. Dollars($500,000.00)per person,per accident,for bodily injury and not less than One Hundred 3. Indemnification and Defense Thousand Dollars ($100,000.00) for property damage per occurrence.The County shall be named a. The Contractor shall protect,indemnify,and hold an additional insured. harmless the County, its agents, servants, officials, and 36 of 55 pages ARTICLE III Rev. 1/30.42024; Law No. IFMS NO. 000000014587 CF.DA/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON1-4980-95230 iii.) Workers'Compensation and Employer's Liability insurance in compliance with all h. If the Contractor is a Municipal Corporation and applicable New York State laws and regulations has a self-insurance program under which it acts as a self- and Disability Benefits insurance, if required by insurer for any of such required coverage,the Contractor shall law. The Contractor shall furnish to the County, provide proof, acceptable to the County, of self-funded prior to its execution of the Contract, the coverage. documentation required by the State of New York Workers' Compensation Board of coverage or 5. Independent Contractor exemption from coverage pursuantto§§57 and 220 of the Workers'Compensation Law. In accordance The Contractor is not, and shall never be, considered an with General Municipal Law §108, the Contract employee of the County for any purpose. Notwithstanding shall be void and of no effect unless the Contractor anything contained in this Contract,the Contract shall not be shall provide and maintain coverage during the construed as creating a principal-agent relationship between Term for the benefit of such employees as are the County and the Contractor or the Contractor and the required to be covered by the provisions of the County,as the case may be. Workers'Compensation Law. 6. Severability iv.) Professional Liability insurance in an amount not less than Two Million Dollars It is expressly agreed that if any term or provision of this ($2,000,000.00) on either a per-occurrence or Contract, or the application thereof to any person or claims-made coverage basis. circumstance, shall be held invalid or unenforceable to any extent,the remainder of the Contract, or the application of b. The County may mandate an increase in the liability such term or provision to persons or circumstances other than limits set forth in the immediately preceding paragraphs those as to which it is held invalid or unenforceable,shall not (4)(a)(i),(ii),and(iv). be affected thereby,and every other term and provision of the Contract shall be valid and shall be enforced to the fullest C. All policies providing such coverage shall be issued extent permitted by law. by insurance companies authorized to do business in New York with an A.M.Best rating of A-or better. 7. Merger;No Oral Changes d. The Contractor shall famish to the County,prior to It is expressly agreed that the Contract represents the entire the execution of the Contract, declaration pages for each agreement of the parties and that all previous understandings policy of insurance, other than a policy for commercial are herein merged in the Contract. No modification of the general liability insurance, and upon demand, a true and Contract shall be valid unless in written form and executed by certified original copy of each such policy evidencing both parties. compliance with the aforesaid insurance requirements. 8. Set-Off Rights e. In the case of commercial general liability insurance,the Contractor shall furnish to the County,prior to The County shall have all of its common law,equitable,and the execution of the Contract,a declaration page or insuring statutory rights of set-off. These rights shall include,but not agreement and endorsement page evidencing the County's be limited to,the County's option to withhold from a Fund status as an additional insured on said policy, and upon Source an amount no greater than any sum due and owing to demand, a true and certified original copy of such policy the County for any reason. The County shall exercise its set- evidencing compliance with the aforesaid insurance off rights subject to approval by the County Attorney. In requirements. cases of set-off pursuant to a Comptroller's audit,the County shall only exercise such right after the finalization thereof, f. All evidence of insurance shall provide for the and only after consultation with the County Attorney. County to be notified in writing thirty(30)days prior to any cancellation,nonrenewal,or material change in the policy to 9. Non-Discrimination in Services which such evidence relates. It shall be the duty of the Contractor to notify the County immediately of any a. The Contractor shall not, on the grounds of race, cancellation,nonrenewal,or material change in any insurance creed, color, national origin, sex, age, disability, sexual policy. orientation,military status,or marital status g. In the event the Contractor shall fail to provide i.) deny any individual the Services evidence of insurance,the County may provide the insurance provided pursuant to the Contract;or required in such manner as the County deems appropriate and ii.) provide the Services to an individual that deduct the cost thereof from a Fund Source. is different, or provided in a different 37 of 55 pages ARTICLE III Rev. 1/3W2024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 manner, from those provided to others particular instance or instances is a waiver of that provision. pursuant to the Contract;or Such provision shall otherwise remain in full force and effect, iii.) subject an individual to segregation or notwithstanding any such failure or forbearance. separate treatment in any matter related to the individual's receipt of the Services 13. Conflicts of Interest provided pursuant to the Contract;or iv.) restrict an individual in any way from The Contractor shall not,during the Term,pursue a course of any advantage or privilege enjoyed by conduct which would cause a reasonable person to believe others receiving the Services provided that he or she is likely to be engaged in acts that create a pursuant to the Contract;or substantial conflict between its obligations under the Contract treat an individual differently from others and its private interests. The Contractor is charged with the in determining whether or not the duty to disclose to the County the existence of any such individual satisfies any eligibility or adverse interests, whether existing or potential. This duty 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. disclosure is obtained. b. The Contractor shall not utilize criteria or methods 14. Cooperation on Claims of administration which have the effect of subjecting individuals to discrimination because of their race, creed, The Contractor and the County shall render diligently to each color,national origin,sex,age,disability,sexual orientation, other, without compensation, any and all cooperation that military status, or marital status, or have the effect of may be required to defend the other party,its employees and substantially impairing the Contract with respect to designated representatives, against any claim, demand or individuals of a particular race,creed,color,national origin, action that may be brought against the other party, its sex, age, disability, sexual orientation, military status, or employees or designated representatives arising out of,or in marital status,in determining: connection with,the Contract. i.) the Services to be provided;or 15. Confidentiality ii.) the class of individuals to whom,or the Any document of the County,or any document created by the situations in which,the Services will be Contractor and used in rendering the Services,shall remain provided;or the property of the County and shall be kept confidential in accordance with applicable laws,rules,and regulations. iii.) the class of individuals to be afforded an opportunity to receive the Services. 16. Assignment and Subcontracting 10. Nonsectarian Declaration a. The Contractor shall not delegate its duties under the Contract,or assign,transfer,convey,subcontract,sublet, The Services performed under the Contract are secular in or otherwise dispose of the Contract,or any of its right,title nature. No funds received pursuant to the Contract shall be or interest therein, or its power to execute the Contract, or used for sectarian purposes or to further the advancement of assign all or any portion of the moneys that may be due or any religion. The Services will be available to all eligible become due hereunder, (collectively referred to in this individuals regardless of religious belief or affiliation. paragraph 16 as"Assignment"),to any other person,entity or thing without the prior written consent of the County,and any 11. Governing Law attempt to do any of the foregoing without such consent shall be void ab initio. The Contract shall be governed by, and construed in accordance with,the laws of the State of New York,without b. Such Assignment shall be subject to all of the regard to conflict of laws.Venue shall be designated in the provisions of the Contract and to any other condition the Supreme Court, Suffolk County,the United States District County requires. No approval of any Assignment shall be Court for the Eastern District of New York,or,if appropriate, construed as enlarging any obligation ofthe County under the a court of inferior jurisdiction in Suffolk County. terms and provisions of the Contract. No Assignment of the Contract or assumption by any person of any duty of the 12. No Waiver Contractor under the Contract shall provide for,or otherwise be construed as,releasing the Contractor from any term or It shall not be construed that any failure or forbearance of the provision of the Contract. County to enforce any provision of the Contract in any 38 of 55 pages ARTICLE III Rev. 1/30,024;Law No. IFMS NO. 000000014587 CFJ)A/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON1-4980-95230 17. Changes to Contractor County to determine the financial responsibility,character,and reputation a. The Contractor may,from time to time,only with of the proposed transferee,nature of the the County's written consent,enter into a Permitted Transfer. proposed assignee/transferee's business For purposes of the Contract,a Permitted Transfer means: and experience; i.) if the Contractor is a partnership, the v.) all executed forms required pursuant to withdrawal or change, whether Article IV of the Contract, that are voluntary,involuntary or by,operation of required to be submitted by the law, of the partners, or transfer of Contractor;and partnership interests (other than the purchase of partnership interests by vi.) such other information as the County existing partners,by the partnership itself may reasonably require. or the immediate family members by reason of gift, sale or devise), or the d. The County agrees that any request for its consent dissolution of the partnership without to a Permitted Transfer shall be granted, provided that the immediate reconstitution thereof,and transfer does not violate any provision of the Contract, and the transferee has not been convicted of a criminal offense as if the Contractor is a closely held described under Article II of Chapter 189 of the Suffolk corporation (i.e. whose stock is not County Code. The County shall grant or deny its consent to publicly held and not traded through an any request of a Permitted Transfer within twenty(20)days exchange or over the counter): after delivery to the County of the Transfer Notice, in accordance with the provisions of Paragraph 27 of Article III 1. the dissolution, merger, of the Contract. If the County shall not give written notice to consolidation or other the Contractor denying its consent to such Permitted Transfer reorganization of the (and setting forth the basis for such denial in reasonable Contractor;and detail)within such twenty(20)-day period,then the County shall be deemed to have granted its consent to such Permitted 2. the sale or other transfer of Transfer. twenty percent(20%)or more of the shares of the Contractor e. Notwithstanding the County's consent, (other than to existing shareholders, the corporation i.) the terms and conditions of the Contract itself or the immediate family shall in no way be deemed to have been members of shareholders by waived or modified;and reason of gift,sale or devise). ii.) such consent shall not be deemed b. If the Contractor is a not-for-profit corporation,a consent to any further transfers. change of twenty percent (20%) or more of its shares or members shall be deemed a Permitted Transfer. 18. No Intended Third Party Beneficiaries C. The Contractor shall notify the County in writing, The Contract is entered into solely for the benefit of the which notice(the"Transfer Notice")shall include: County and the Contractor. No third party shall be deemed a beneficiary of the Contract and no third party shall have the i.) the proposed effective date of the right to make any claim or assert any right under the Contract. Permitted Transfer, which shall not be less than thirty(30)days nor more than 19. Certification as to Relationships one hundred eighty(180)days after the date of delivery of the Transfer Notice; The Contractor certifies under penalties of perjury that,other than through the funds provided in the Contract and other ii.) a summary of the material terms of the valid agreements with the County,there is no known spouse, proposed Permitted Transfer; life partner, business, commercial, economic, or financial relationship with the County or its elected officials. The iii.) the name and addres's of the proposed Contractor also certifies that there is no relationship within transferee; the third degree of consanguinity, between the Contractor, any of its partners, members, directors, or shareholders iv.) such information reasonably required by owning five(5%)percent or more of the Contractor,and the the County, which will enable the County. The foregoing certification shall not apply to a 39 of 55 pages ARTICLE III Rev. 1/3012024;Law No. IFMS NO. 000000014587 CFOA/Subrecipient Line Item/Omnibus Grant 001-6790/ETC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 contractor that is a municipal corporation or a government to all patent eligible subject matter,and agrees to do all acts entity. and execute all documents, and to use its best efforts to ensure that its employees, consultants, subcontractors, 20. Publications vendors and agents do all acts and execute any documents, necessary to vest ownership in the County of any and all Any book,article,report,or other publication related to the patent eligible subject matter. The Contractor may not apply Services provided pursuant to this Contract shall contain the for or secure for itself patent protection. The County reserves following statement in clear and legible print: to itself,and the Contractor hereby gives to the County,and to any other person designated by the County, consent to "This publication is fully or partially funded produce or otherwise use any item so discovered and/or the by the County of Suffolk." right to secure a patent for the discovery or invention. This paragraph shall survive any completion, expiration or 21. Copyrights and Patents termination of this Contract. a. Copyrights 22. Arrears to County Any and all materials generated by or on behalf of the Contractor warrants that, except as may otherwise be Contractor while performing the Services(including,without authorized by agreement, it is not in arrears to the County limitation,designs,images,video,reports,analyses,manuals, upon any debt,contract,or any other lawful obligation,and is films,tests,tutorials,and any other work product of any kind) not in default to the County as surety. and all intellectual property rights relating thereto ("Work Product") are and shall be the sole property of the County. 23. Lawful Hiring of Employees Law in Connection with The Contractor hereby assigns to the County its entire right, Contracts for Construction or Future Construction title and interest,if any,to all Work Product,and agrees to do all acts and execute all documents,and to use its best efforts In the event that the Contract is subject to the Lawful Hiring to ensure that its employees, consultants, subcontractors, of Employees Law of the County of Suffolk,Suffolk County vendors and agents do all acts and execute any documents, Code Article II of Chapter 353,as more fully set forth in the necessary to vest ownership in the County of any and all Article entitled"Suffolk County Legislative Requirements," Work Product. The Contractor may not secure copyright the Contractor shall maintain the documentation mandated to protection. The County reserves to itself,and the Contractor be kept by this law on the construction site at all times. hereby gives to the County, and to any other person Employee sign-in sheets and register/log books shall be kept designated by the County, consent to produce, reproduce, on the construction site at all times and all covered publish,translate,display or otherwise use the Work Product. employees, as defined in the law, shall be required to sign This paragraph shall survive any completion,expiration or such sign-in sheets/register/log books to indicate their termination of this Contract. presence on the construction site during such working hours. The County shall be deemed to be the author of all the Work 24. Certification Regarding Lobbying Product. The Contractor acknowledges that all Work Product shall constitute "work made for hire" under the U.S. Together with this Contract and as a condition precedent to copyright laws. To the extent that any Work Product does not its execution by the County, the Contractor shall have constitute a "work made for hire," the Contractor hereby executed and delivered to the County the Certification assigns to the County all right,title and interest,including the Regarding Lobbying (if payment under this Contract may right,title and interest to reproduce, edit, adapt,modify or exceed $100,000) as required by Federal regulations, and otherwise use the Work Product, that the Contractor may shall promptly advise the County of any material change in have or may hereafter acquire in the Work Product,including any of the information reported on such Certification, and all intellectual property rights therein, in any manner or shall otherwise comply with, and shall assist the County in medium throughout the world in perpetuity without complying with, said regulations as now in effect or as compensation. This includes,but is not limited to,the right amended during the term of this Contract. to reproduce and distribute the Work Product in electronic or optical media,or in CD-ROM,on-line or similar format. 25. Record Retention b. Patents The Contractor shall retain all accounts,books,records,and other documents relevant to the Contract for seven(7)years If the Contractor develops, invents, designs or creates any after final payment is made by the County. Federal, State, idea, concept, code, processes or other work or materials and/or County auditors and any persons duly authorized by during the Term, or as a result of any Services performed the County shall have full access and the right to examine any under the Contract("patent eligible subject matter"),it shall of said materials during said period. Such access is granted be the sole property of the County. The Contractor hereby notwithstanding any exemption from disclosure that may be assigns to the County its entire right,title and interest,if any, claimed for those records which are subject to nondisclosure 40 of 55 pages ARTICLE III Rev. 1/30AY024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/IPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON1-4980-95230 agreements,.trade secrets and commercial information or financial information that is privileged or confidential Without limiting the generality of the foregoing, records directly related to contract expenditures shall be kept for a period of ten(10)years because the statute of limitations for the New York False Claims Act(New York False Claims Act § 192)is ten(10)years. 26. 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 entitled "Suffolk County Legislative Requirements." b. The Contractor shall cooperate with the Department in all aspects necessary to help carry out the requirements of 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 41 of 55 pages ARTICLE III Rev. 1/30t'3024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790WCI-4980-95230 Nutrition Program for the Elderly 001-6797WTI-4980-95230 001-6776/KONI-4980-95230 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 It shall be the duty of the Contractor to read,become familiar comply with all requirements of Chapter 803 of the Suffolk with, and comply with the requirements of section A5-8 of County Code,including the following prohibitions: Article V of the Suffolk County Code. a. The Contractor shall not use County funds to assist, promote,or deter union organizing. Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-8 of Article V of b. No County funds shall be used to reimburse the the Suffolk County Code, the Contractor represents and Contractor for any costs incurred to assist,promote,or deter warrants that it has filed with the Comptroller the verified union organizing. public disclosure statement required by Suffolk County Administrative Code Article V,Section A5-8 and shall file an C. No employer shall use County property to hold a update of such statement with the Comptroller on or before meeting with employees or supervisors if the purpose of such the 31st day of January in each year of the Contract's meeting is to assist,promote,or deter union organizing. duration. The Contractor acknowledges that such filing is a material,contractual and statutory duty and that the failure to If the Services are performed on County property, the file such statement shall constitute a material breach of the Contractor must adopt a reasonable access agreement, a Contract, for which the County shall be entitled, upon a neutrality agreement, fair communication agreement, non- determination that such breach has occurred,to damages,in intimidation agreement, and a majority authorization card addition to all other legal remedies,of fifteen percent(15%) agreement. of the amount of the Contract. If the Services are for the provision of human services and are Required Form: notto be performed on County property,the Contractor must Suffolk County Form SCEX 22; entitled adopt,at the least,a neutrality agreement. "Contractor's/Vendor's Public Disclosure Statement" Under the provisions of Chapter 803,the County shall have 2. Living Wage Law the authority,under appropriate circumstances,to terminate the Contract and to seek other remedies as set forth therein, It shall be the duty of the Contractor to read,become familiar for violations of this Law. with, and comply with the requirements of Chapter 575,of the Suffolk County Code. Required Form: Suffolk County Labor Law Form DOL-LO1 (Revised This Contract is subject to the Living Wage Law of the 2/2020); entitled "Suffolk County Department of Labor, County of Suffolk. The law requires that, unless specific Licensing & Consumer Affairs — Union Organizing exemptions apply, all employers(as defined)under service Certification/Declaration-Subject to Audit." contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to 4. Lawful Hiring of Employees Law employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk It shall be the duty of the Contractor to read,become familiar County Living Wage Law of the County of Suffolk.Under with, and comply with the requirements of Article Il of the provisions of the Living Wage Law,the County shall have Chapter 353 of the Suffolk County Code. the authority,under appropriate circumstances,to terminate the Contract and to seek other remedies as set forth therein, This Contract is subject to the Lawful Hiring of Employees for violations of this Law. Law of the County of Suffolk. It provides that all covered employers,(as defined),and the owners thereof,as the case Required Forms: may be,that are recipients of compensation from the County Suffolk County Living Wage Form DOL-LW-1/38(Revised through any grant, loan, subsidy, funding, appropriation, 12/2021) entitled "Suffolk County Department of Labor, payment, tax incentive, contract, subcontract, license LICENSING & CONSUMER AFFAIRS Notice of agreement,lease or other financial compensation agreement Application for County Compensation-LIVING WAGE issued by the County or an awarding agency, where such CERTIFICATION/DECLARATION-SUBJECT TO 42 of 55 pages ARTICLE IV Rev. 1/307 024;Law No. IFMS NO. 000000014587 CPDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONI-4980-95230 compensation is one hundred percent(100%)funded by the County, shall submit a completed sworn affidavit (under Required Forms: penalty of perjury),the form of which is attached,certifying "SUFFOLK COUNTY DEPARTMENT OF LABOR, that they have complied,in good faith,with the requirements LICENSING, & CONSUMER AFFAIRS — NOTICE OF of Title 8 of the United States Code Section 1324a with APPLICATION TO CERTIFY COMPLIANCE WITH respect to the hiring of covered employees(as defined)and FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH with respect to the alien and nationality status of the owners RESPECT TO LAWFUL HIRING OF EMPLOYEES, thereof. The affidavit shall be executed by an authorized Suffolk County Code,Chapter 353(2006)"DOL-LHE 1/2 representative of the covered employer or owner,as the case (REVISED 8/2017). may be;shall be part of any executed contract,subcontract, license agreement, lease or other financial compensation S. Gratuities agreement with the County; and shall be made available to the public upon request. It shall be the duty of the Contractor to read,become familiar with,and comply with the requirements of Chapter 664 of the All contractors and subcontractors (as defined) of covered Suffolk County Code. employers,and the owners thereof,as the case may be,that are assigned to perform work in connection with a County The Contractor represents and warrants that it has not offered contract, subcontract, license agreement, lease or other or given any gratuity to any official,employee or agent of the financial compensation agreement issued by the County or County or the State or of any political party,with the purpose awarding agency,where such compensation is one hundred or intent of securing an agreement or securing favorable percent (100°/a) funded by the County, shall submit to the treatment with respect.to the awarding or amending of an covered employer a completed sworn affidavit(under penalty agreement or the making of any determinations with respect of perjury),the form of which is attached,certifying that they to the performance of an agreement. have complied,in good faith,with the requirements of Title 8 of the United States Code Section 1324a with respect to the 6. Prohibition Against Contracting with Corporations that hiring of covered.employees and with respect to the alien and Reincorporate Overseas nationality status of the owners thereof,as the case may be. The affidavit shall be executed by an authorized It shall be the duty of the Contractor to read,become familiar representative of the contractor,subcontractor,or owner,as with, and comply with the requirements of sections A4-13 the case may be; shall be part of any executed contract, and A4-14 of Article IV of the Suffolk County Code. subcontract, license agreement, lease or other financial compensation agreement between the covered employer and The Contractor represents that it is in compliance with the County;and shall be made available to the public upon sections A4-13 and A4-14 of Article IV of the Suffolk request. County Code. Such law provides that no contract for consulting services or goods and services shall be awarded by An updated affidavit shall be submitted by each such the County to a business previously incorporated within the employer,owner,contractor and subcontractor no later than U.S.A.that has reincorporated outside the U.S.A. January 1 of each year for the duration of any contract and upon the renewal or amendment of the Contract, and 7. Child Sexual Abuse Reporting Policy whenever a new contractor or subcontractor is hired under the terms of the Contract. It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Article II of The Contractor acknowledges that such filings are a material, Chapter 880 of the Suffolk County Code. contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the The Contractor shall comply with Article II of Chapter 880, Contract. of the Suffolk County Code, entitled"Child Sexual Abuse Reporting Policy,"as now in effect or amended hereafter or Under the provisions of the Lawful Hiring of Employees , of any other Suffolk County Local Law that may become Law, the County shall have the authority to terminate the applicable during the term of the Contract with regard to Contract for violations of this Law and to seek other remedies child sexual abuse reporting policy. available under the law. S. Non Responsible Bidder The documentation mandated to be kept by this law shall at all times be kept on site. Employee sign-in sheets and It shall be the duty of the Contractor to read,become familiar register/log books shall be kept on site at all times during with, and comply with the requirements of Article II of working hours and all covered employees,as defined in the Chapter 189 of the Suffolk County Code. law,shall be required to sign such sign-in sheets/register/log books to indicate their presence on the site during such Upon signing the Contract,the Contractor certifies that it has working hours. not been convicted of a criminal offense within the last ten 43 of 55 pages ARTICLE IV Rev. 1/30/27024;Law No. IFMS NO. 000000014587 C:DA/Subrecipient Line Item/Omnibus Grant 001-679050C1 4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON1-4980-95230 (10)years. The term"conviction"shall mean a finding of All contract agencies that provide services to minors are guilty after a trial or a plea of guilty to an offense covered required to protect the privacy of the minors and are strictly under section 189-5 of the Suffolk County Code under prohibited from selling or otherwise providing to any third "Nonresponsible Bidder." party,in any manner whatsoever,the personal or identifying information of any minor participating in their programs. 9. Use of Funds in Prosecution of Civil Actions Prohibited 13. Contract Agency Performance Measures and Reporting It shall be the duty of the Contractor to read,become familiar Requirements with, and comply with the requirements of Article III of Chapter 893 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Suffolk County The Contractor shall not use any of the moneys,in part or in Local Law No. 41-2013, a Charter Law to Implement whole, and either directly or indirectly, received under the Performance Measurement to Increase Accountability and Contract in connection with the prosecution of any civil Enhance Service Delivery by Contract Agencies(Article VIII action against the County in any jurisdiction or any judicial or of Chapter 189 of the Suffolk County Code). administrative forum. All contract agencies having a contract in excess of$50,000 10. Youth Sports shall cooperate with the contract's administering department to identify the key performance measures related to the It shall be the duty of the Contractor to read,become familiar objectives of the service the contract agency provides and with, and comply with Article III of Chapter 730 of the shall develop an annual performance reporting plan. The Suffolk County Code. contract agency shall cooperate with the administering department and the County Executive's Performance All contract agencies that conduct youth sports programs are Management Team to establish working groups to identify required to develop and maintain a written plan or policy appropriate performance indicators for monthly evaluation of addressing incidents of possible or actual concussion or other the contract agency's performance measures. 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. 1 11. Work Experience Participation 5. Suffolk County Code of Ethics 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://suffolkcountynv.gov/Portals/O/fonnsdocsBoardofethic the Term of the Contract. If no Memorandum of s/Code%20o1%2OEthics%20Booklet%20- Understanding("MOU")with the Suffolk County Department %20New%20Revised%20May%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- profit or governmental agency or institution,shall enter into 16. Notification of Cyber Security Breach such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance It shall be the duty of the Contractor to read,become familiar with such MOU shall be deemed to be a failure to perform in with,and comply with the requirements of section A5-22 of accordance with the Contract, for which the County may Article V of the Suffolk County Administrative Code. withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. The Contractor(as defined in section A5-22)certifies that it 12. Safeguarding Personal Information of Minors has policies and procedures in place for the effective management of any cyber security breach, event or attack. It shall be the duty of the Contractor to read,become familiar The Contractor shall, within 48 hours, notify the Chief with, and comply with the requirements of Suffolk County Information Security Officer ("CISO") at the Office of Local Law No. 20-2013, a Local Law to Safeguard the Information Technology located at William J. Lindsay Personal Information of Minors in Suffolk County. County Complex — Building 50, 725 Veterans Memorial Highway,Hauppauge,New York 11788 and the Department 44 of 55 pages ARTICLE IV Rev. 1/3V2024;Law No. IFMS NO. 000000014587 CFOA/Subrecipient Line.Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 named on the signature page of this Contract, of any cyber breach,event or attack,as defined in section A5-22 of Article V of the Suffolk County Administrative Code. The Contractor,upon completion of its investigation of the cyber breach,event or attack,shall provide a written report of the findings of the completed investigation to the CISO. End of Text for Article IV 45 of 55 pages ARTICLE IV Rev. 1/30x'2024;Law No. IFMS NO. 000000014587 CUDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 Article V remedies that the County may have, failure to supply the General Fiscal Terms and Conditions required documentation will disqualify the Contractor from any further County contracts. 1. General Payment Terms C. Payment by County a. Presentation of Suffolk County Payment Voucher Payment by the County shall be made within thirty(30)days after approval of Suffolk County Payment Voucher by the In order for payment to be made by the County to the Comptroller. Contractor for the Services,the Contractor shall prepare and present a Suffolk County Payment Voucher,which shall be d. Budget Modification documented by sufficient,competent and evidential matter. Each Suffolk County Payment Voucher submitted for i.) The parties shall use the Contract Budget payment is subject to Audit at any time during the Term or Modification Request form ("Budget any extension thereof. This provision shall survive expiration Modification") for revisions to the or termination of this Contract for a period of not less than Budget and Services not involving an seven(7)years,and access to records shall be as set forth in increase to the total cost of the Contract. paragraph 25 of Article III,and paragraph 4(b)of Article V. If the Contractor is seeking such a modification,the Contractor shall contact b. Voucher Documentation the Department to receive the form and enter the required information. When the The Suffolk County Payment Voucher shall list all County and the Contractor agree as to information regarding the Services and other items for which such revisions,the Contractor shall sign expenditures have been or will be made in accordance with the Budget Modification form and return the Contract. Either upon execution of the Contract(for the it to the County for execution along with Services already rendered and expenditures already made),or any other documentation the Department not more than thirty(30) days after the expenditures were may require. made,and in no event after the 31 st day of January following the end of each year of the Contract, the Contractor shall ii.) Such request must be made in advance of furnish the County with detailed documentation in support of incurring any expenditure for which the the payment for the Services or expenditures under the revision is needed. Contract, e.g., dates of the Service, worksite locations, activities, hours worked,pay rates and all program Budget iii.) Upon complete execution of the Budget categories. The Suffolk County Payment Voucher shall Modification form, the County shall include time records,certified by the Contractor as true and return a copy to the Contractor. The accurate,of all personnel for whom expenditures are claimed revision shall not be effective until the during the period. Time and attendance records of a Budget Modification is completely Contractor's Director/Executive Director shall be certified by executed. the Chairperson,President or other designated member of the Board of Directors of the Contractor and shall be maintained iv.) The Budget Modification form may be by the Contractor for audit. All Suffolk County Payment submitted only twice per calendar year Vouchers must bear a signature as that term is defined and may only be submitted prior to pursuant to New York State General Construction Law§46 November 15th-of that year. by duly authorized persons, and certification of such authorization with certified specimen signatures thereon must e. Budget and/or Services Revisions be filed with the County by a Contractor official empowered to sign the Contract. i.) The parties shall use the Contract Budget/Services Revision Approval Form Disbursements made by the Contractor in accordance with the (Budget/Services Revisions)for revisions Contract and submitted for reimbursement must be to the Budget and Services involving any documented and must comply with accounting procedures as change to the total cost of the Contract set forth by the Suffolk County Department of Audit and due to a resolution of the Legislature, Control. Documentation, including any other form(s) changes to the County's adopted annual required by County or the Suffolk County Department of budget, or for any other reason Audit and Control,shall be furnished to the County pursuant necessitating revisions to the Budget or to, and as limited by, the Regulations for Accounting Services. Procedures for Contract Agencies of the Suffolk County Department of Audit and Control. In addition to any other ii.) When the County and the Contractor 46 of 55 pages ARTICLE V Rev. 1/30R024;Law No. IFMS NO. 000000014587 CFOA/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 agree as to such revisions, the writing of the terms and conditions thereof,which shall be Department will enter the information deemed incorporated in and made a part of the Contract,and into the Budget/Services Revisions Form the Contractor shall implement those terms and conditions in and send it to the Contractor for no less than fourteen(14)days. signature. The Contractor shall return it to the County for execution along with 3. Personnel Salaries,Pension and Employee Benefit any other documentation the Department Plans,Rules and Procedures may require. a. Upon request, the Contractor shall submit to the iii.) Upon complete execution of the form by County a current copy,certified by the Contractor as true and the parties,the County shall return a copy accurate,of its to the Contractor. The revision shall not be effective until the Budget/Services i.) salary scale for all positions listed in the Revisions Form is completely executed. Budget; f. Taxes ii.) personnel rules and procedures; The charges payable to the Contractor under the Contract are iii.) pension plan and any other employee exclusive of federal,state,and local taxes,the County being a benefit plans or arrangements. municipality exempt from payment of such taxes. b. The Contractor shall not be entitled to Final Voucher reimbursement for costs under any pension or benefit plan the g' 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. 2. Subject to Appropriation of Funds 4. Accounting Procedures a. The Contract is subject to the amount of funds a. The Contractor shall maintain accounts, books, appropriated each fiscal year and any subsequent records, documents, other evidence, and accounting modifications thereof by the County Legislature and no procedures and practices which sufficiently and properly liability shall be incurred by the County beyond the amount of reflect all direct and indirect costs of any nature expended in funds appropriated each fiscal year by the County Legislature the performance of the Contract,in accordance with generally for the Services. accepted accounting principles and with rules,regulations and financial directives, as may be promulgated by the Suffolk b. If the County fails to receive Federal or State funds County Department of Audit and Control and the Department. originally intended to pay for the Services,or to reimburse the The Contractor shall permit inspection and audit of such County, in whole or in part, for payments made for the accounts,books,records, documents and other evidence by Services,the County shall have the sole and exclusive right the Department and the Suffolk County Comptroller,or their to: representatives,as often as,in their judgment,such inspection 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 and for a period of seven (7) years after expiration or ii.) determine future payments to the termination of the Contract. 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 be authorized by the County shall have full access and the right 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 promptly notify the Contractor in 47 of 55 pages ARTICLE V Rev. 1/30)2024;Law No. IFMS NO. 000000014587 CF•DA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 commercial information or financial information that is 6. Financial Statements and Audit Requirements privileged or confidential. a. Notwithstanding any other reporting or certification C. The Contractor shall utilize the accrual basis of requirements of Federal, State, or local authorities, the accounting and will submit all financial reports and claims Contractor shall obtain the services of an independent based on this method of accounting during the Term. licensed public accountant or certified public accountant(the "Auditor") to audit its financial statements for each 5. Audit of Financial Statements Contractor's "fiscal year" in which the Contractor has received, or will receive, three hundred thousand a. All payments made under the Contract are subject ($300,000.00) dollars or more from the County, whether to audit by the Comptroller pursuant to Article V of the under the Contract or other agreements with the County,and Suffolk County Charter. The Contractor further agrees that shall submit a report to the County on the overall financial the Comptroller and the Department shall have access to and condition and operations of the Contractor, including a the right to examine, audit, excerpt, copy or transcribe any balance sheet and statement of income and expenses,attested pertinent transactions or other records relating to services by the Auditor as fairly and accurately reflecting the under the Contract. If such an audit discloses overpayments accounting records of the Contractor in accordance with by the County to the Contractor,within thirty(30)days after generally accepted accounting principles. The audited the issuance of an official audit report by the Comptroller or financial statements including respective Management Letters his duly designated representatives,the Contractor shall repay must be emailed to the Executive Director of Auditing the amount of such overpayment by check to the order of the Services at Audits@suffolkcounbLmy.gov within thirty (3 0) Suffolk County Comptroller or shall submit a proposed plan days after completion of the audit,but in no event later than of repayment to the Comptroller. If there is no response,or if nine(9)months after the end of the Contractor's fiscal year, satisfactory repayments are not made,the County may recoup to which the audit relates. The Contractor may solicit overpayments from any amounts due or becoming due to the requests for proposals from a number of qualified accounting Contractor from the County under the Contract or otherwise. firms and review carefully the costs of,and qualifications for, this type of work before selecting the Auditor. b. The provisions of this paragraph shall survive the expiration or termination of the Contract for a period of seven b. The Auditor should be required to meet the (7) years, and access to records shall be as set forth in following minimum requirements: paragraph 25 of Article III,and paragraph 4(b)of Article V. i.) a current license issued by the New York State Education Department; ii.) sufficient auditing experience in the not-for-profit, governmental or profit- making areas,as applicable;and iii.) a satisfactory peer review issued within not more than three(3)years prior to the date when the Auditor was selected to conduct the audit. C. The audit must be conducted in accordance with generally accepted governmental auditing standards. Financial statements must clearly differentiate between County-funded programs and other programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged for this purpose. The Auditor must also prepare a Management Letter based on the audit. d. "Subrecipients"—Federally Funded Programs and Grants i.) In the event the Contractor is a "Subrecipient"as that term is defined in 2 CFR § 200.93 and the Contractor expends seven hundred fifty thousand ($750,000.00)dollars or more of Federal moneys,whether as arecipient expending 48 of 55 pages ARTICLE V a Rev. 1/3072024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 awards received directly from Federal ii.) In the event the Contractor is a awarding agencies or as.a Contractor "Subrecipient"as that term is defined in expending Federal awards received from 2 CFR § 200.93 and the Contractor a pass-through entity such as New York expends less than seven hundred fifty State and/or Suffolk County,during any thousand ($750,000.00) dollars of fiscal year within which it receives Federal moneys, whether as a recipient funding under the Contract, the audit expending awards received directly from referred to under this paragraph 6 must Federal awarding agencies or as a be conducted and any the audit report Contractor expending Federal awards must be in accordance with OMB received from a pass-through entity such Uniform Grant Guidance—2 CFR Part as New York State and/or Suffolk 200 ("Single Audit Report"). Single County, during any fiscal year the Audit Reports must also be uploaded to Contractor must email a certified the Federal Audit Clearinghouse,to the Exemption Letter, the form of which extent required by the OMB Uniform shall be provided by the Department,on Grant Guidance referred to above. In the Contractor's Letterhead and a addition, the Single Audit Report, Schedule of Federal Funds Expended to respective financial statements and any the respective County Department and Management Letters must be submitted the Executive Director of Auditing to the Department set forth on page one Services at of this Contract and emailed to the subrecinientmonitoring(_@suffolkcountvny Executive Director of Auditing Services gov within thirty(30)days of the end of at the Contractor's fiscal year. The subreciuientmonitoring(a,suffolkcounty Schedule of Federal Funds Expended py.gov within thirty (30) days after must include all Federal funding received completion of the audit,but in no event directly from the Federal government and later than nine(9)months after the end of all Federal funds passed through from the the Contractor's fiscal year,to which the County and other pass-through entities. audit relates. iii.) Subrecipients may include, but not necessarily be limited to, not-for-profit organizations;units of state government or a unit of local governments. e. Copies of any other audit reports including oversight agency audits must be submitted to the Department set forth on page one of this Contract and emailed to the Executive Director of Auditing Services at Audits(a_suffolkcountMy.gov within thirty (30) days after completion of the audit(s). f. The requirements set forth in this paragraph 6 shall not preclude the authorized representatives of the County,the Comptroller,or Federal or State entities from conducting any other duly authorized audit(s) of records and financial 'statements of the Contractor. The Contractor shall make such records and financial statements available to authorized representatives of Federal,State and County government for that purpose. g. The provisions of this paragraph 6 shall survive the expiration or termination of the Contract. 7. Furniture,Fixtures,Equipment,Materials,Supplies 49 of 55 pages ARTICLE V 0 ^ Rev. 1/30/.2024;Law No. IFMS NO. 000000014587 CEDA/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 a. Purchases, Rentals or Leases Requiring Prior Upon the termination or expiration of the Contract or any Approval renewal thereof, the discontinuance of the business of the Contractor,the failure of the Contractor to comply with the Prior to placing any order to purchase, rent or lease any terms of the Contract,the bankruptcy of the Contractor, an furniture, fixtures, or equipment valued in excess of one assignment for the benefit of its creditors,or the failure of the thousand dollars ($1,000.00) per unit for which the Contractor to satisfy anyjudgment against it within thirty(30) Contractor will seek reimbursement from the County, the days of filing of the judgment,the County shall have the right Contractor shall submit to the County a written request for to take title to and possession of all furniture, removable approval to make such a proposed purchase,rental or lease, fixtures, equipment, materials, and supplies and the same with a list showing the quantity and description of each item, shall thereupon become the property of the County without its intended location and use,estimated unit price or cost,and any claim for reimbursement on the part of the Contractor. estimated total cost of the proposed order. Written approval of the County shall be required before the Contractor may d. Inventory Records,Controls and Reports proceed with such proposed purchase, rental or lease of furniture,fixtures or equipment. All items purchased must be The Contractor shall maintain proper and accurate inventory new or like new unless specifically described otherwise in the records and controls for all such furniture,removable fixtures Budget. and equipment acquired pursuant to the Contract and all prior agreements between the parties, if any. Three (3) months b. Purchase Practices/Proprietary Interest of before the expiration date of the Contract,the Contractor shall County make a physical count of all items of furniture, removable fixtures and equipment in its custody, checking each item i.) The Contractor shall follow the general against the aforesaid inventory records. A report setting forth practices that are designed to obtain the results of such physical count shall be prepared by the furniture,fixtures,equipment,materials, Contractor on a form or forms designated by the County, or supplies at the most reasonable price certified and signed by an authorized official of the or cost possible. Contractor,and one(1)copy thereof shall be delivered to the County within five(5)days after the date set for the aforesaid ii.) The County reserves the right to physical count. Within five(5)days after the termination or purchase or obtain furniture, fixtures, expiration date of the Contract,the Contractor shall submit to equipment,materials,or supplies for the the County six(6)copies of the same report updated to such Contractor in accordance with the date of the Contract, certified and signed by an authorized programmatic needs of the Contract. If official of the Contractor, based on a physical count of all the County exercises this right, the items of Rimiture,removable fixtures and equipment on the amount budgeted for the items so aforesaid expiration date,and revised,if necessary,to include purchased or obtained by the County for any inventory changes during the last three(3)months of the the Contractor shall not be available to Term. the Contractor for any purpose whatsoever. Title to any such items e. Protection of Property in Contractor's Custody purchased or otherwise obtained by the County for the programs encompassed by The Contractor shall maintain vigilance and take all the Contract and entrusted to the reasonable precautions to protect the furniture, fixtures, Contractor,shall remain in the County. equipment,material or supplies in its custody against damage or loss by fire,burglary,theft,disappearance,vandalism,or iii.) The County shall retain a proprietary misuse. In the event of burglary, theft, vandalism, or interest in all furniture, removable disappearance of any item of furniture,fixtures,equipment, fixtures, equipment, materials, and material or supplies,the Contractor shall immediately notify supplies purchased or obtained by the the police and make a record thereof,including a record ofthe Contractor and paid for or reimbursed to results of any investigation which may be made thereon. In the Contractor pursuant to the terms of the event of loss of or damage to any item of furniture, the Contract or any prior agreement fixtures,equipment,materials,or supplies from any cause,the between the parties. Contractor shall immediately send the County a detailed written report thereon. iv.) The Contractor shall attach labels indicating the County's proprietary f. Disposition of Property in Contractor's Custody interest or title in all such property. Upon termination of the County's funding of any of the C. County's Right to Take Title and Possession Services covered by the Contract,or at any other time that the County may direct,the Contractor shall make access available 50 of 55 pages ARTICLE V a Rev. 1/307.2024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790"C1-4980-95230 Nutrition Program for the Elderly 001-6797/ICPTI-4980-95230 001-6776/KONI-4980-95230 and render all necessary assistance for physical removal by conditions are met: the County or its designee of any or all furniture,removable fixtures,equipment,materials or supplies in the Contractor's i.) The County is not the Fund Source for custody in which the County has a proprietary interest,in the the additional services; same condition as such property was received by the Contractor, reasonable wear and tear excepted. Any ii.) Sufficient funding is available for or can disposition,settlements or adjustments connected with such be generated by the Contractor to cover property shall be in accordance with the rules and regulations the cost incurred by the Contractor to of the County and the State of New York. provide these additional services;and iii.) If sufficient funding is not available or 8. Lease or Rental Agreements cannot be generated,the County shall not be held liable for any of the additional If lease payments or rental costs are included in the Budget as costs incurred by the Contractor in an item of expense reimbursable by the County, the furnishing such additional services. Contractor shall promptly submit to the County, upon iv.) Prior to scheduling any such additional request,any lease or rental agreement. If during the Term, the Contractor shall enter into a lease or rental agreement,or services on County-owned property,the shall renew a lease or rental agreement,the Contractor shall, Contractor shall obtain written County prior to the execution thereof, submit such lease or rental approval. The Contractor shall, to the agreement,to the County for approval. documentationunty's satisfaction, submit any • dtation requested by the 9. Statement of Other Contracts Department reflecting the change, and identify the additional services to be provided and the source of funding that Prior to the execution of the Contract,the Contractor shall shall be utilized to cover the expenditures submit a Statement of Other Contracts to the County. If the incurred by the Contractor in undertaking Contract is amended during the Term, or if the County the additional services. exercises its option right,the Contractor shall submit a then current Statement of Other Contracts. e. Potential Revenue 10. Miscellaneous Fiscal Terms and Conditions The Contractor shall actively seek and take reasonable steps to secure all potential funding from grants and contracts with a. Limit of County's Obligations other agencies for programs funded by the County. The maximum amount to be paid by the County is set forth on f. Payments Contingent upon State/Federal the first page of the Contract. Funding b. Duplicate Payment from Other Sources Payments under the Contract may be subject to and contingent upon continued funding by State and/or Federal Payment by the County for the Services shall not duplicate agencies. In the event payments are subject to such funding payment received by the Contractor from any other source. no payment-shall be made until the Contractor submits documentation in the manner and form as shall be required by C. Funding Identification State and/or Federal agency. If late submission of claims precludes the County from claiming State or Federal The Contractor shall promptly submit to the County upon reimbursement,such late claims by the Contractor shall not request, a schedule for all programs funded by the County, be paid by the County subject to subparagraph g.below,if, itemizing for each such program the sums received, their • for any reason,the full amount of such funding is not made source and the total program budget. available to the County,the Contract may be terminated in whole or in part,or the amount payable to the Contractor may d. Outside Funding for Non-County Funded be reduced at the discretion of the County,provided that any Activities such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or Notwithstanding the foregoing provisions ofthe Contract,it is reduction,and provided that money has been appropriated for the intent of the County that the terms and conditions of the payment of such costs. Contract shall not limit the Contractor from applying for and accepting outside grant awards or from providing additional g. Denial of Aid educational activities/services which may result in the Contractor incurring additional costs,as long as the following If a State or Federal government agency is funding the 51 of 55 pages ARTICLE V Rev. 1/3&2024;Law No. IFMS NO. 000000014587 CgDA/Subrecipient Line Item/Omnibus Grant 001-6790/IPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON1-4980-95230 Contract and fails to approve aid in reimbursement to the Reimbursement to the Contractor for travel costs shall not County for payments made hereunder by the County to the exceed amounts allowed to County employees. All Contractor for expenditures made during the Term because of conferences that are partially or fully funded by the County any act,omission or negligence on the part of the Contractor, that the Contractor's staff wishes to attend must be pre- then the County may deduct and withhold from any payment approved, in writing, by the County and must be in due to the Contractor an amount equal to the reimbursement compliance with Suffolk County Standard Operating denied by the state or federal government agency, and the Procedure A-07 which may be viewed online at the County's County's obligation to the Contractor shall be reduced by any website, SuffolkCountyny.gov; go to "Government," then such amounts. In such an event,if there should be a balance "Comptroller,"then"Consultant's Agreements." due to the County after it has made a final payment to the Contractor under the Contract,on demand by the County,the 1. Salaries Contractor shall reimburse the County for the amount of the balance due the County, payable to the Suffolk County The Contractor shall not be eligible to receive any salary Comptroller. The provisions of this subparagraph shall reimbursement until proof of deposit or payment of all survive the expiration or termination of the Contract. withholding and payroll taxes to the Federal/State governments has been provided to the County. h. Budget In. Salary Increases The Contractor expressly represents and agrees that the Budget lists all revenue,expenditures,personnel,personnel No salary,wage,or other compensation for the Services shall costs and/or all other relevant costs necessary to provide the be increased over the amount stated in the Budget without the Services. prior written approval of the County. i. Payment of Claims n. Contractor Vacancies Upon receipt of a Suffolk County Payment Voucher, the The County shall have the right of prior approval of the County,at its discretion,may pay the Contractor during the Contractor's filling of any vacant position as of the date of Term,in advance,an amount not to exceed one sixth(1/6)of execution of the Contract or as may thereafter become vacant, the maximum amount to be paid by the County set forth on and,in the exercise of that right.The County may promulgate the first page of the Contract. reasonable regulations involving filling of vacancies which shall be deemed to be incorporated by reference in, and be j. Payments Limited to Actual Net Expenditures made part of�the Contract,provided,however,that subject to the availability of funding, approval for the hiring of The Contractor agrees that if,for any reason whatsoever,the replacement clerical shall be a Contractor determination. Contractor shall spend during the Term for the purposes set forth in the Contract an amount less than,or receive amounts o. No Limitation On Rights more than, provided in the Budget, the total cost of the Contract shall be reduced to the net amount of actual Notwithstanding anything in this Article V to the contrary, Contractor expenditures made for such purposes. The total the County shall have available to it all rights and remedies amount to be paid by the County shall not exceed the lesser of under the Contract and at law and equity. (i)actual net expenditures or(ii)the total cost of the Contract on the cover page and in the Budget. Upon termination or P. Comptroller's Rules and Regulations expiration of the Contract,if the Contractor's total amount of allowable expenses is less than the total amount of the The Contractor shall comply with the"Comptroller's Rules payments made during the Term,the Contractor shall prepare and Regulations for Consultant's Agreements" as a check payable to the Suffolk County Comptroller for the promulgated by the Department of Audit and Control of difference between the two amounts and submit such payment Suffolk County and any amendments thereto during the Term to the County,along with the final Suffolk County Payment of the Contract. The"Comptroller's Rules and Regulations Voucher. 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." k. Travel, Conference, and Meeting Attendance:SOP A-07 Amendment 1 End of Teat for Article V 52 of 55 pages ARTICLE V Rev.11/3@Y2024;Law No. IFMS NO. 000000014587 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/ETCl-4980-95230 Nutrition Program for the Elderly 001-6797/IPT1-4980-95230 001-6776/KONI-4980-95230 Article VI Budget Town of Southold RATE PAGE Nutrition Program for the Elderly January 1,2024-December 31,2024 UNIT COST PER HOME-DELIVERED MEAL $7.47 UNIT COST PER CONGREGATE MEAL $7.04 53 of 55 pages Rev:, 1/?WN24;Law No. EFMS NO. 000000014587 CMA/Subrecipient Line Item/Omnibus Grant 001-6790/YPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KONI-4980-95230 Exhibit I SUBRECIPIENT CONTRACT DOCUMENTATION ic!To -,'Gtahtlho� epaf`t66 Federal Awarding Agency: fit ti" Assistance Listing F6d64 Number and Title: �,S646k,c6urit" Health and Human N -93.045 Services. Title IIIC 646i the-A6,in Ad Adillar4iind County Contract Number: dhtifythd; tifit Federal Award Date: 0000001458 ab d,tin ervac 1/1/24 6fifAdt-Ifif6rMati n. SUMIK-11-bunt Subaward Period of :Assistance=Listing3Number 100;wtefan Memorial; Performance Start and i�-Aat U016:06f End Date: Subaward Budget 1/1/24-12/31/24 1 dbehiAth Period Start auppauge,Nyi:. I 7-` oun an %#his and End �A` 161 ssi ni Wiffib6t): Date: 1/l/24-12/31/24 A FederalAm 0 dubt and',other Assistance.ListirS T11 State Amour ta, UK County`A-iri- tint and"%' 2729.6T D?X, -fiddraffd'n-rd-bblil ted S6btdd10idfi Naffi` &A' &6§9 Subrecipient's Unique Federal Funds SA., Entry Identifier: Obligated to Town of,--,S 6 Uth did N/A Subrecipient by $2 G 53096-Main:Road ounty including Research&Development current obligation: DYes xNo ,Total,Fleddrall'i- $275,203 b' ------I.,- recipient y .,Sdut 0 di',,. Y1 197, �0969� �..Cqrnfflittedl., b 2 Indirect cost rate for the Federal award(including if the de minimis rate is charged per§200A14 Indirect(F&A)costs): Not to exceed 20%. i"Approved.federally- g'n"iz-e'difiditett\'dottfratd�'iidg'dtia't"e"d,",b'e penAhe, -su,br,ec'iljid-iit-.'i�iiid.,th-"F- d the,i_ t', t 't§ whegotia 6d,bdtW6'en1 6,�p '.;thr6ugh,'bfit11ty-and,the- r, I Ji I i,, 2 "subt6dipidfit 664ii-"ith'thi k part), i d`6 m 1�1 d Witt in ijCd' 141ndir6c.t. rap J41A Federal Award Project Description: Title IIIC of the Older Americans Act-93.045 ,q -6nen ts I-m p-ose , -through 'r6"ulgfi4�e-ntity on,thL b6 bcip . ,aft' he F-e'de- aita ar -i,-s, use d" �a6 rcewithfddeiastitutes, reguIatiki a d-tfibluims'ardcdid!66 Ts of 1 e Federal award i equireme in�thedbritiact with sdifoik Cbtffi Additional requirements that the pass-through entity imposes on the subrecipient in order for the pass-through entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports: Requirements are detailed in the contract with Suffolk County Clare E, V i red,�q n -;kWqr per o All bhdrt nds a6kurw 'must' e';,s�t; m 6`3 fe oge-pt d' I W: The above information is to be furnished to all subrecipients of federal awards as stated in 2 CFR Part 200.332. 54 of 55 pages W Ili,W1672024;Law No. IFMS NO. 000000014587 CVbA/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/YPTI-4980-95230 001-6776/KONI-4980-95230 SUBRECIPIENT CONTRACT DOCUMENTATION Fe deral Awarding Agency. Assistance Listing Number and Title: Health and Human Nift'bi MA NSIP—93.053 Services'. e,Ag Federal Award Date: County Contract Number: wa in%0ffic14N6ffi6.; y AW r" 0000001,1*87 1/1124 Cofitakt-llfift mattow-, 6 Subaward Period of �Zwicelorlfi Suffolk=Count, , ;, , ng 11"Ist0n, Performance Start and 6fdi b �ML e ListingeNumlier;4 A End Date: s ursemen 60 It 1/l/24-12/31/24 ; Subaward Budget pqppauge 'NYT! 8 Federal"66Mind Period Start and End 631-863-_8200 ":Assistance nceLi's nJg" - Date: 6 ' 1/1/24-12/31/24 ' -0%10 Fdd6ral,-Amdtitit-Aiid-.,%," .0therAssistante Llstihd JI z '6'0 8 0 90 6/c Amount SUWAM N/A 51,,�,�t'Y ress-t': Subrecipient's Unique Federal Funds Add" ' F4&ea Entry Identifier: Obligated to S dth6ld q NIA24 • Subrecipient by County including 179 Research&Development current obligation: Box.11 MT tted I'A P -,• war- $275,203 E]Yes No'tv, to"SJ-b b W recipient: $27 Indirect cost rate for the Federal award(including if the de minimis rate is charged per§200.414 Indirect(F&A)costs): NIA 'the��br6cI0Idfit:dh'dY flaJi'd n, _-en :an i M999" " — _#, 7, s Q p U(in,d6rholighdil, itfilt&,,pi j,pqragr.1p f) T -A Federal Award Project Description: Nutrition Services Incentive Program—93.053 EIJI,'wifidtth' :`Pede d f9 u s g,Jn, ,S _t t 4.Z u PS"J" Aere, e i e in"th 66 6 withS olk:C e._JP- Additional requirements that the pass-through entity imposes on the subrecipient in order for the pass-through entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports: Requirements are detailed in the contract with Suffolk County r. ut,.Direction::- .'he Ali, u 'aind,bA s ar I p The above information is to be furnished to all subrecipients of federal awards as stated in 2 CFR Part 200.332. 55 of 55 pages