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Home My WebLink AboutNutrition Program for the Elderly ll � > RESOLUTION 2025-175 ADOPTED DOC ID: 21109 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-175 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 25, 2025: 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, 2025 through December 31, 2025, with an option to extend the Contract to be exercised at the County's discretion to June 30, 2026, on the same terms and conditions, for a maximum of 28,000 home delivered meals and a maximum of 13,000 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: Greg Doroski, Councilperson SECONDER:Brian O. Mealy, Councilperson AYES: Mealy, Doherty, Evans, Doroski, Krupski Jr EXCUSED: Anne H. Smith Rev. 1/10/2025; Law No. a5' R& •O 35 IFMS NO. 000000015417 ALN/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 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—3rd 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 municipal corporation,having an address at: 53095 Main Road,P.O. Box 1179, Southold,New York 11971. Contractor and County are collectively referred to herein as "Parties" and each is individually a"Party". 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, 2025 through December 31, 2025;with an option to extend the Contract,to be exercised at the County's discretion,to June 30, 2026 on the same terms and conditions herein. Total Meals: Home-Delivered Meals: Congregate Meals: Not to Exceed 28,000 meals Annually Not to Exceed 13,000 meals Annually Meals Not to Exceed $213,360 Annually Meals Not to Exceed $93,340 Annually Total Cost of the Contract: Shall not exceed $306,700 to be paid as set forth-in Articles V and VI as set forth herein, unless revised by a Suffolk County Resolution and in accordance with paragraph 1.e. of Article V of this Contract. Terms and Conditions: Shall be as set forth in Articles I thru VI, attached hereto and made a part hereof. In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below. Town of Southold County of Suffolk By: �� By: �•f � Kevin B. Molloy Albert J. upski, Jr. Chief De ou ty Execu 've Town Supervisor Date �y y Fed. Taxpayer ID# 11-6001939 UEI#: QFNADND8HTG5 Approved: Dye .2 /2$' / s— Department ' i! hereby certifies under p altieso. er' ry at I an officer of By: 0 - t7 G' that I have read and I am familiar Holly odes-Teague with§A5-8 Uf Art' le V of the Suffolk County Code,and that 1_ - e us-Z G� meets all requirements to Direc , Office forth Aging Date qualify for exc%ption thereunder. e�A, �a . Dated �2�'�z�— Signature 'r By: ' t-L B Approved as to Form: y Christopher J. Clayton Michelle Belsky Suffolk County A`fto Food Servic Sup rvisor By: ney i Date �� Jacqueline C Assistant County ttMy Date 0087734 1 of 55 pages Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790WCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON1-4980-95230 List of Articles Article I Description of Services 1. Conflicting Provisions 2. Federal ALN Subrecipient Requirements 3. Services 4. Adherence to Regulations 5. Caterer's Contract 6. Applicable to All Programs 7. Administration 8. Contractor's Staff 9. Coordination 10. Targeting & Outreach 11. Equal Access 12. Reporting Requirements 13. Incident Reporting 14. Confidentiality 15. Promotions and Advertising 16. Contributions 17. Soliciting Participant Comments & Satisfaction Surveys 18. Monitoring 19. Grievance Procedures 20. Certificate of Incorporation 21. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013 22. Reporting of Key Performance Indicators 23. General Food Specifications 24. Contractor's Narrative 25. Assessment Plan 26. Equal Access to Services & Targeting Plan 28. Summary Sheets 29. Holiday Schedule 30 Privacy Protection Agreement Article IA Grievance Procedures I. Purpose II. Notifying Participants of Right to File Grievance III. Grievance Process IV. Recordkeeping V. Confidentiality 2 of 55 pages Rev. 1/10/2025;Law No. ALN/Subrecipient Line Item/Omnibus Grant IFMS NO. 000000015417 Nutrition Program for the Elderly 001-6790/KPC1-4980-95230 001-6797/KPTl-4980-95230 001-6776/KON1-4980-95230 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 and Employment 10. Nonsectarian Declaration 11. Governing Law 12. No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor 18. No Intended Third Party Beneficiaries 19. Certification as to Relationships 20. Publications 21. Copyrights and Patents a. Copyrights b. Patents 22. Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24. Certification Regarding Lobbying 25. Record Retention 3 of 55 pages Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 26. Contract Agency Performance Measures and Reporting Requirements - Local Law No. 41-2013 27. Notice 28. Data Security and Privacy 29. New York State Labor Law 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 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 4 of 55 pages f Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 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 in. Salary Increases n. Contractor Vacancies o. No Limitation On Rights p. Comptroller's Rules and Regulations Article VI Budget Exhibit 1 Subrecipient Contract Documentation 5 of 55 pages y r , Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 I Description of Services Whereas,the Contractor has been identified in the 2025 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 an Assistance Listing Number ("ALN") of 93.045 and ALN Number 93.053 (hereinafter "the Grant") information for which is set forth in Exhibit 1, entitled"Subrecipient Contract Documentation;" and Whereas, 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 ALN Subrecipient Requirements .9 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 200.1 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 data. Contractor shall cooperate with the Department's monitoring to the fullest extent possible, 6 of 55 pages Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON1-4980-95230 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. 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. L 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 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 7 of 55 pages Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON 1-49 80-9523 0 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 1407, 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 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. 8 of 55 pages Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Su b recipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON 1-4980-95230 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. 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. 9 of 55 pages k w 1 Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 • 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. ii. 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. 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). 10 of 55 pages Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 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. 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 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)). 11 of 55 pages „ e ' t a Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 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 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: 12 of 55 pages Rev. 1/10/2025; Law No. UMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON 1-4980-95230 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 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: 13 of 55 pages e a Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 • 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: i. Monthly Program Reports Copies of the participant daily sign-in sheets must be received in the Department by the tenth (loth) day following month's end. The units of service/unduplicated count report, including targeting results, is due the tenth (1 Oth) 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 (1 Oth) 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. 14 of 55 pages Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 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. 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 (12') 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 15 of 55 pages i e Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON 1-4980-95230 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 (12") 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 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. 16 of 55 pages Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 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 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. 17 of 55 pages Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON 1-4980-95230 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. 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. 18 of 55 pages � e Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/S u b recipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONI-4980-95230 22. Reporting of Ivey Performance Indicators Beginning in the second month of the Contract term for contracts subject to Suffolk County Local Law No. 41-2013, the Contractor shall submit monthly actual performance data, also known as key performance indicators ("KPIs") for the prior month's data, and analysis of the Contract performance measures to the Department in accordance with the submission procedures specified by the Department. KPIs shall be submitted no later than the 1 Oth of each month of the Contract Term as more specifically set forth in Article 1/#12 to this Contract. Your target number of Home Delivered Meals monthly is 2333. Your target number of Congregate Meals monthly is 1083. Please enter the actual amount served monthly. End of Text for Article I 19 of 55 pages Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 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. 20 of 55 pages Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 & Program Narrative & Targeting Plan Summary Sheets Holiday Schedule Town of Southold Privacy Agreement 21 of 55 pages JACQUELINE MARTINEZ ® � Nutrition Program Senior Citizens Program Home Delivered Meals Director �® �� Case Management Town of Southold Essential Transportation 750 Pacific Street ® a 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 Southold T®wn Senior Services Program Narrative and Targeting Plan 2025 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. Our Senior Services program was established in 1974 and stands as one of the first Town sponsored nutrition sites in Suffolk County: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. For the past 50 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 which includes providing over 2 million hot nutritious meals to eligible seniors in both our congregate dining and home delivered meals programs. With their guidance,technical assistance, ongoing support and funding, our programs have grown 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 1/1/24— 12/31/24 program year,the Town of Southold provided 5,570 congregate meals, 6,235 "grab and go"meals and 23,752 home delivered meals for an annual total of 35,557 meals. Our 2025 daily service goal for home delivered meals is 112 and 53 for congregate meals which also includes a"grab and go"option. For the 2025 program year, our anticipated income for the Congregate Dining Program is $45,000.00 and$75,000.00 for the Home Delivered Meals Program. Our suggested, voluntary and anonymous contribution will remain at$4.00 per meal for 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 2024 program year, our total voluntary contributions were$41,642.00 for the congregate program, including"grab and go" meals and$68,620.00 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. Feedback from participants is carefully reviewed and when possible,adjustments are made based on their recommendations. Client rights and grievance policies and procedures are posted throughout the building and sent to the home. Assessment Plane 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 Reinen 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 a packet of information 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 2024, 143 in home assessments and 84 follow up contacts were completed. Virgina Fey, Senior Adult Day Program Supervisor of our Adult Day Care Program Katinka House,provides outreach and assistance for clients with Alzheimer's disease/related disorders and their family caregivers. 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 profile's,the assessment tool,workflow pathways and reporting components.All event profiles and services provided are completed by assessors and designated program staff,Diane DiSalvo,Account Clerk,Ntozake Hatcher, Case Manager,Karen Pierzchanowski, Office Assistant and Auristhela Reinen,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 2024,we were successful in our efforts as 7.2%of seniors served in the Nutrition Program for the Elderly 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. Southold Town Senior Services continues to be a mobile distribution site for commodity food distribution for eligible homebound seniors since entering into an agreement with Island Harvest in 2020. 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. In 2025,we will continue outreach efforts with the Center for Advocacy, Support and Transformation(CAST)to assist in identifying vulnerable seniors. CAST serves a large minority and low-income population in Southold Town which is an effective connection to expand our reach to the low income and/or minority elderly. I 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 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 early 2024, Southold Town Senior Services initiated the operation a newly purchased handicapped accessible van through the CDBG program. This is the second handicapped van added to our fleet which enhances our ability to safely transport frail and vulnerable seniors. This new vehicle is also equipped with adjustable track seating which allows for safe distancing between riders during transport. 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 post'§all Senior Center menus and activities weekly along with important links for forms and services 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 2025 CONTRACTOR: Southold Town Congregate Site1ocation 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 packed up. Grab&Go (Includes Social Component)Client Pick UP/Area for Pick Up: Main Lobby SENIOR CENTER LOCATION(zip codes): Southold Town Human Resource Center,750 Pacific Street,Mattituck,NY 11952 ❑ ❑ CATERED N 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 NM NT ow NTH NF Sam-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 12/16/25 SUMMARY SHEET 2025 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: Plot Meals are served, but occasionally cold meals(salads)are served. Grab&Go (Includes Social Component)Client Pick UP/Area for Pick Up: Main Lobby SENIOR CENTER LOCATION (zip codes): 11952 Southold Town Human Resource Center,750 Pacific Street, Mattituck,NY 11952 ❑ ❑ CATERED N 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 NM NT ❑X W NTH NF Same-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 no later than 10:00arn to reserve a seat. Revised 12/16/25 SUMMARY SHEET 2025 e ' SUMMARY-FOR HOME-DELIVERED (NUTRITION PROGRAMS 2025 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 during the summer season Frozen Meal Delivery: On Holidays TARGET AREA(zip code): 11971,11944 ❑ ❑ CATERED 0 COOK ON SITE 27 Number of Meals to be served each day—Home Delivered �- Number of days per week for program Check days of program X❑M MT ❑x W X❑TH 0 F 8a-41. Hours of operation each day 1:45 hrs. (time and length of route) 25 miles 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 ideals are provided in advance of legal holidays and also inclement weather. If a legal holiday falls on a regular delivery day,2 rneals are delivered the day before a holiday. Revised 12/16/25 SUMMARY SHEET 2025 SUMMARY— FOR HOME-DELIVERED NUTRITION PROGRAMS 2025 CONTRACTOR: Southold Toren 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 during the summer season Frozen Meal Delivery: On holidays TARGET AREA(zip code): 11952,22948 ❑ ❑ CATERED N COOK ON SITE 12 Number of Meals to be served each day—Home Delivered 5 Number of days per week for program -� Check days of program NM NT NW NTH NF 8a-4p Hours of operation each day 1:40 hrs. (time and length of route) 16.5 miles Suggested contribution amount Location for home delivered site: Southold Town Duman 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 days 2 meals are delivered the day before a hollday Revised 12/16/25 SUMMARY SHEET 2025 i • e SUMMARY- FOR HOME-DELIVERED NUTRITION PROGRAMS 2025 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 during summer months Frozen Meal Delivery: On Holidays TARGET AREA(zip code): 11971. 12944,11939,11957 ❑ ❑ CATERED O COOK ON SITE 23 Number of Meals to be served each day—Home Delivered 5 -- Number of days per week for program Check days of program OM OT ZW NTH OF ,Fa-4p; Hours of operation each day 1:55 hrs. (time and length of route) 30 miles F $-90 Suggested contribution amount Location for home delivered site: Southold Town H man 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 12/16/25 SUMMARY SHEET 2025 Y SUMMARY- FOR HOME-DELIVERED NUTRITION PROGRAMS 2025 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: blot Meals are delivered, but occasionally cold meals(salads)are provided during the summer season Frozen Meal Delivery: On Holidays TARGET AREA(zip code): 11971 ❑ ❑ 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 OM ❑X T OW ❑X TH OF 8a-4p Hours of operation each day 1:45 hrs. (time and length of route) 27 miles r $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 12/16/25 SUMMARY SHEET 2025 s ° SUMMARY— FOR HOME-DELIVERED NUTRITION PROGRAMS 2025 CONTRACTOR: Southold Town ROUTE OR DELIVERY AREA: Southold 11 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 proWded during the summer season Frozen Meal Delivery: On Holidays TARGET AREA(zip code): 11935, 12956 ❑ ❑ CATERED 0 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 0M OT 0w OTH OF ga_4p Hours of operation each day 1:30 hrs. (time and length of route) 25.5 _ $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: Horne Delivered Meals are provided in advance of legal holidays and also inclement weather. if a legal holiday fails on a regular delivery day,2 rneals are delivered the day before a holidav Revised 12/16/25 SUMMARY SHEET 2025 SEC. 20. HOLIDAYS a. I. 20.1 Tull-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 a 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 a 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 Wenty-fifth day of December, known as Christmas Day the eve of Thanksgiving Day, '/z day 0 the eve of Christmas Day, %z day ® the eve of New Year's Day, % day m (,1 i'. f r e Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 Personal Privacy Protection Agreement Between Suffolk County Office for the Aging And The 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 — 3rd 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. 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 22 of 55 pages ARTICLE I Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly, 001-6797/KPTI-4980-95230 001-6776/KON I-4980-95230 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 under the 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 asset 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, under the 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. 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. 23 of 55 pages Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON 1-4980-9523 0 F. The Contractor willfully 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 of45 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 Contractor will 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 their obligation to keep such data and information in confidence and their liability upon breach of confidentiality to all the penalties prescribed by law. 24 of 55 pages Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 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. V. GENERAL PROVISIONS 25 of 55 pages Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 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 for the 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 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. 26 of 55 pages Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 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 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 Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTl-4980-95230 001-6776/KON1-4980-95230 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. Notifyina Participants of Right to File Grievance A. The Contractor shall notify participants and applicants of their right to file a grievance, as follows: 1) A summary of the procedures, including a statement that assistance to file shall be provided to older persons, must be prominently posted at service delivery sites or offices at which participants and service applicants apply for services. Summaries shall also be written in languages other than English where needed to serve the client/applicant population. 2) In-home services participants shall be informed of the grievance procedures through written and verbal statements provided to them upon assessment and/or reassessment for services. B. Denial of Service. Any participant or applicant who is denied 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 provider agency, or any other person designated by such director who is not familiar with or otherwise involved in the particular grievance. 28 of 55 pages Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCl-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONI-4980-95230 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 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. 29 of 55 pages Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 3) If policies and procedures have been adhered to,the Suffolk County Office for the Aging Director will not overturn the decision of its subcontractor agency. If proper policies and procedures have not been applied, the Suffolk County Office for the Aging reserves the right to overturn the decision. The subsequent review shall be completed within forty-five (45) days of receipt of the request by the grievant and the grievant will be promptly notified in writing of the result of the subsequent review. IV. Recordkeeping The service provider agency which is handling the grievance shall keep a file, for six (6) years, of all relevant documents and records. This shall include at a minimum: the initial grievance; any investigative reports; any written response submitted by the Suffolk County Office for the Aging or service provider agency; any documents or other records submitted by any party; the written Initial Response of the agency; and, if applicable, the notice to the grievant of the right to appeal. V. Confidentiality No information, documents, or records relating to a grievance shall be disclosed by program staff or volunteers in a form capable of identifying the grievant without the written informed consent of the grievant unless the disclosure is required by court order or program monitoring by authorized agencies. 30 of 55 pages a Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 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 Rev. 1/10/2025;Law No. IF MS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONl-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 55 pages s • Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON1-4980-95230 Article II designated the New York Superintendent of Insurance as its Definitions lawful agent for service of process; or 1. Meanings of Terms d. the Contractor's failure to comply with any Federal, State or local law,rule,or regulation,and County policies or As used herein: directives;or "Audit of Financial Statements"means the examination by e. the Contractor's bankruptcy or insolvency;or the Comptroller and any Federal or State auditing authority of f.the financial statements of the Contractor resulting in the F the Contractor's failure to cooperate in an Audit of publication of an independent opinion on whether or not those Financial Statements;or financial statements are relevant, accurate, complete,`and fairly presented. g. the Contractor's falsification of records or reports, misuse of funds,or malfeasance or nonfeasance in financial "Budget" means the Contractor's summary or plan of all record keeping arising out of, or in connection with, any intended revenue, whether received in the form of fees, contract with the County;or grants,County funding,or any other source,and expenditures necessary to render the Services. h. the Contractor's failure to submit; or failure to timely submit, documentation to obtain Federal or State "Budget Deficiency Plan"means an analysis of the cost of funds;or the Services, changes in fiscal conditions, and required modifications to the Contract to continue to render the i. the inability of the County or the Contractor to Services. obtain Federal or State funds due to any act or omission of the Contractor;or "Comptroller" means the Comptroller of the County of Suffolk. j. any condition that the County determines,in its sole discretion,is dangerous. "Contract"means all terms and conditions of this Contract forming all rights and obligations of the Contractor and the the failure comply with Local Law 41-2013 and elated contractual requirements. County. related "Contractor"means the signatory corporation,its officers, "Federal" means the United States government, its officials, employees, agents, servants, sub-contractors, departments,and agencies. volunteers,and any successor or assign of any one or more of the foregoing performing the Services. "Fringe Benefits" means non-wage benefits which accompany, or are in addition to,a person's salary,such as "County"means the County of Suffolk,its departments,and paid insurance,sick leave,profit-sharing plans,paid holidays, agencies. and vacations. "County Attorney" means the County Attorney of the "Fund Source"means any direct or indirect sum payable to County of Suffolk. the Contractor by the County pursuant to any lawful obligation. "Department"means the signatory department approving the "Legislature"means the Legislature of the County of Suffolk. Contract. "Engineering Services"'means the definition of the practice "Managem ent Letter''means a letter certified as true by the definition of practice of land Contractor's certified public accountant or chief financial of engineering and the de surveying, as the case may ibe,ni under Section 72 and officer of findings and recommendations for improvements in Section 7203 of the State Education Law,respectively. internal fiscal control that were identified during an Audit of Financial Statements, but which were not required to be "Event of Default"means included in an audit report. a. the Contractor's failure to perform any duty "Municipal Corporation"means a town,village,or school required of it under paragraphs l(b)-(e)of Article III of the district. Contract;or "Services"means all that which the Contractor must do,and b. the Contractor's failure to maintain the amount and any part thereof arising out 'of, or in connection with, the types of insurance with an authorized insurer as required by Contract as described in Article I"Description of Services." the Contract;orc. the Contractor's failure to maintain insurance required by the Contract with an insurer that has "State''means the State of New York. 33 of 55 pages ARTICLE II Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 "Statement of Other Contracts"means a complete list of all 2. Elements of Interpretation other contracts under which money has been or will be paid to the Contractor from the County, Federal, or State Words of the masculine gender shall mean and include governments,or a Municipal Corporation,and(i)which are correlative words of the feminine and neuter genders and currently in effect or(ii)which have expired within the past words importing the singular number shall mean and include twelve(12)months and have not been renewed. the plural number and vice versa. Words importing persons shall include firms, associations, partnerships (including "Suffolk County Payment Voucher"means the document limited partnerships), trusts, corporations, and other legal authorized and required by the Comptroller for release of entities, including public bodies,as well as natural persons, payment. and shall include successors and assigns. "Term"means the time period set forth on page one of the Capitalized terms used, but not otherwise defined, herein, Contract and,if exercised by the County,the option period. shall have the meanings assigned to them in the Contract. End of Text for Article II 34 of 55 pages ARTICLE II Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON 1-4980-95230 Article III Contract remains to be performed, and the General Terms and Conditions termination of the license does not affect the Contractor's ability to render the Services, every 1. Contractor Responsibilities other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted a. Duties and Obligations by law. i.) It shall be the duty of the Contractor to d. Documentation of Professional Standards discharge, or cause to be discharged, all of its responsibilities,and to administer funds received in The Contractor shall maintain on file, in one location in the interest of the County in accordance with the Suffolk County, all records that demonstrate that it has provisions of the Contract. complied with sub-paragraphs(b)and(c)above. The address of the location of the aforesaid records and documents shall ii.) The Contractor shall promptly take all be provided to the County no later than the date of execution action as may be necessary to render the Services. of the Contract. Such documentation shall be kept, maintained,and available for inspection by the County upon iii.) The Contractor shall not take any action twenty-four(24)hours notice. that is inconsistent with the provisions of the Contract. C. Credentialing iv.) Services provided under this Contract i.) In the event that the Department,or any shall be open to all residents of the County. division thereof,maintains a credentialing process to qualify the Contractor to render the Services,the b. Qualifications, Licenses, and Professional Contractor shall complete the required Standards credentialing process. In the event that any State credential, registration, certification or license, The Contractor represents and warrants that it has,and shall Drug Enforcement Agency registration, or continuously possess,during the Term,the required licensing, Medicare or Medicaid certification is restricted, education,knowledge,experience,and character necessary to suspended,or temporarily or permanently revoked, qualify it to render the Services. it is the duty of the Contractor to contact the Department, or division thereof as the case may The Contractor shall continuously have during the Term all be,in writing,no later than three(3)days after such required authorizations, certificates, certifications, restriction,suspension,or revocation. registrations,licenses,permits,and other approvals required by Federal, State, County, or local authorities necessary to ii.) The Contractor shall forward to the qualify it to render the Services. Department, or division thereof, as the case may be, on or before July 1 of each year during the C. Notifications Term,a complete list of the names and addresses of all persons providing the Services,as well as their i.) The Contractor shall immediately notify respective areas of certification, credentialing, the County, in writing, of any disciplinary registration,and licensing. proceedings, commenced or pending, with any authority relating to a license held by any person f. Engineering Certificate necessary to qualify him,her,or the Contractor to perform the Services. In the event that the Contract requires any Engineering Services,the Contractor shall submit to the County,no later ii.) In the event that a person is no longer than the due date for submission for approval of any licensed to perform the Services, the Contractor engineering work product, the Certificate of Authorization must immediately notify the County, but in no ("Certificate"), issued pursuant to § 7210 of the New York event shall such notification be later than five(5) Education Law,of every person performing any Engineering days after a license holder has lost the license Services. The failure to file, submit, or maintain the required to qualify the license holder or the Certificate shall be grounds for rejection of any engineering Contractor to perform the Services. work product submitted for approval. iii.) In the event that the Contractor is not 2. Termination able to perform the Services due to a loss of license,the Contractor shall not be reimbursed for a. Thirty Days Termination the Services rendered after the effective date of termination of such license. Without limiting the The County shall have the right to terminate the Contract generality of the foregoing, if any part of the without cause,for any reason, at any time,upon such terms 35 of 55 pages ARTICLE III Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 and conditions it deems appropriate,provided,however,that no such termination shall be effective unless the Contractor is b. The Contractor hereby represents and warrants that given at least thirty(30)days notice. it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect, b. Event of Default;Termination on Notice indemnify,and hold harmless the County,its agents,servants, officials,and employees from and against all liabilities,fines, i.) The County may immediately terminate penalties, actions, damages, claims, demands, judgments, the Contract, for cause, upon such terms and losses,suits or actions,costs,and expenses arising out of any conditions it deems appropriate, in the Event of claim asserted for infringement of copyright, including Default,as defined in Article II. reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and ii.) If the Contractor defaults under any other employees in any action or proceeding arising out of or in provision of the Contract, the County may connection with any claim asserted for infringement of terminate the Contract, on not less than five (5) copyright. days notice, upon such terms and conditions it deems appropriate. C. The Contractor shall defend the County,its agents, servants, officials, and employees in any proceeding or C. Termination Notice action; including appeals, arising out of, or in connection with, the Contract, and any copyright infringement Any notice providing for termination shall be delivered as proceeding or action. Alternatively, at the County's option, provided for in paragraph 27 of this Article III. the County may defend any such proceeding or action and require the Contractor to pay reasonable attorneys' fees or d. Duties upon Termination salary costs of County employees of the Department of Law for the defense of any such suit. i.) The Contractor shall discontinue the Services as directed in the termination notice. • 4. Insurance ii.) Subject to any defenses available to it, a. The Contractor shall continuously maintain,during the County shall pay the Contractor for the Services the Term of the Contract,insurance in amounts and types as rendered through the date of termination. follows: iii.) The County is released from any and all liability under the Contract,effective as of the date i.) Commercial General Liability insurance, of the termination notice. including contractual liability coverage, in an amount not less than Two Million Dollars iv.) Upon termination, the Contractor shall ($2,000,000.00) per occurrence for bodily injury reimburse the County the balance of any funds and Two Million Dollars ($2,000,000.00) per advanced to the Contractor by the County no later occurrence for property damage. The County shall than thirty (30) days after termination of the be named an additional insured. Contract. The provisions of this subparagraph shall survive the expiration or termination of the ii.) Automobile Liability insurance (if any Contract. non-owned or owned vehicles are used by the Contractor in the performance of the Contract)in V.) Nothing contained in this paragraph shall an amount not less than Five Hundred Thousand be construed as a limitation on the County's rights Dollars($500,000.00)per person,per accident,for set forth in paragraphs 1(c) (iii) and 8 of this bodily injury and not less than One Hundred Article III. Thousand Dollars ($100,000.00) for property damage per occurrence.The County shall be named 3. Indemnification and Defense an additional insured. a. The Contractor shall protect,indemnify, and hold iii.) Workers'Compensation and Employer's harmless the County, its agents, servants, officials, and Liability insurance in compliance with all employees from and against all liabilities, fines, penalties, applicable New York State laws and regulations actions,damages, claims, demands,judgments,losses,suits and Disability Benefits insurance, if required by or actions, costs, and expenses caused by the negligence or law. The Contractor shall furnish to the County, any acts or omissions of the Contractor, including prior to its execution of the Contract, the reimbursement of the cost of reasonable attorneys' fees documentation required by the State of New York incurred by the County, its agents, servants, officials, and Workers' Compensation Board of coverage or employees in any action or proceeding arising out of, or in exemption from coverage pursuant to§§57 and 220 connection with.the Contract. of the Workers'Compensation Law. In accordance 36 of 55 pages ARTICLE III Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 0 01-6776/KON 1-49 80-9523 0 with General Municipal Law §108, the Contract anything contained in this Contract,the Contract shall not be shall be void and of no effect unless the Contractor construed as creating a principal-agent relationship between shall provide and maintain coverage during the the County and the Contractor or the Contractor and the Term for the benefit of such employees as are County,as the case may be. required to be covered by the provisions of the Workers' Compensation Law. 6. Severability iv.) Professional Liability insurance in an It is expressly agreed that if any term or provision of this amount not less than Two Million Dollars Contract, or the application thereof to any person or ($2,000,000.00) on either a per-occurrence or circumstance, shall be held invalid or unenforceable to any claims-made coverage basis. extent, the remainder of the Contract, or the application of such term or provision to persons or circumstances other than b. The County may mandate an increase in the liability those as to which it is held invalid or unenforceable,shall not limits set forth in the immediately preceding paragraphs be affected thereby,and every other term and provision of the (4)(a)(i), (ii), and (iv) or require other types of insurance Contract shall be valid and shall be enforced to the fullest coverage or policies. extent permitted by law. C. All policies providing such coverage shall be issued 7. Merger;No Oral Changes by insurance companies authorized to do business in New York with an A.M.Best rating of A-or better. It is expressly agreed that the Contract represents the entire agreement of the parties and that all previous understandings d. The Contractor shall fumish to the County,prior to are herein merged in the Contract. No modification of the the execution of the Contract, declaration pages for each Contract shall be valid unless in written form and executed by policy of insurance, other than a policy for commercial both parties. general liability insurance, and upon demand, a true and certified original copy of each such policy evidencing 8. Set-Off Rights compliance with the aforesaid insurance requirements. The County shall have all of its common law,equitable,and e. In the case of commercial general liability statutory rights of set-off. These rights shall include,but not insurance,the Contractor shall furnish to the County,prior to be limited to,the County's option to withhold from a Fund the execution of the Contract,a declaration page or insuring Source an amount no greater than any sum due and owing to agreement and endorsement page evidencing the County's the County for any reason. The County shall exercise its set- status as an additional insured on said policy, and upon off rights subject to approval by the County Attorney. In demand, a true and certified original copy of such policy cases of set-off pursuant to a Comptroller's audit,the County evidencing compliance with the aforesaid insurance shall only exercise such right after the finalization thereof, requirements. and only after consultation with the County Attorney. f. All evidence of insurance shall provide for the 9. Non-Discrimination in Services and Employment County to be notified in writing thirty(30)days prior to any cancellation,nonrenewal,or material change in the policy to a. The Contractor shall not, on the grounds of race, which such evidence relates. It shall be the duty of the creed, color, national origin, sex, age, disability, sexual Contractor to notify the County immediately of any orientation,military status,or marital status cancellation,nonrenewal,or material change in any insurance policy. i.) deny any individual the Services provided pursuant to the Contract;or g. In the event the Contractor shall fail to provide ii.) provide the Services to an individual that evidence of insurance,the County may provide the insurance is different, or provided in a different required in such manner as the County deems appropriate and manner, from those provided to others deduct the cost thereof from a Fund Source. pursuant to the Contract;or iii.) subject an individual to segregation or h. If the Contractor is a Municipal Corporation and separate treatment in any matter related has a self-insurance program under which it acts as a self to the individual's receipt of the Services insurer for any of such required coverage,the Contractor shall provided pursuant to the Contract;or provide proof, acceptable to the County, of self-funded iv.) restrict an individual in any way from coverage. any advantage or privilege enjoyed by others receiving the Services provided 5. Independent Contractor pursuant to the Contract;or V.) treat an individual differently from The Contractor is not, and shall never be, considered an others in determining whether or not the employee of the County for any purpose. Notwithstanding individual satisfies any eligibility or 37 of 55 pages ARTICLE III Rev. 1110/2025;Law No. IFMS NO. 000000015417 ALN/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 other requirements or conditions which shall continue as long as the Term.The determination as to individuals must meet in order to receive whether or when a conflict may potentially exist shall the Services provided pursuant to the ultimately be made by the County Attorney after full Contract;or disclosure is obtained. vi.) discriminate against employees or applicants for employment. 14. Cooperation on Claims b. The Contractor shall not utilize criteria or methods The Contractor and the County shall render diligently to each of administration which have the effect of subjecting other, without compensation, any and all cooperation that individuals to discrimination because of their race, creed, may be required to defend the other party,its employees and color,national origin,sex,age,disability,sexual orientation, designated representatives, against any claim, demand or military status, or marital status, or have the effect of action that may be brought against the other party, its substantially impairing the Contract with respect to employees or designated representatives arising out of,or in individuals of a particular race,creed,color,national origin, connection with,the Contract. sex, age, disability, sexual orientation, military status, or marital status,in determining: 15. Confidentiality i.) the Services to be provided;or Any document of the County,or any document created by the Contractor and used in rendering the Services, shall remain ii.) the class of individuals to whom,or the the property of the County and shall be kept confidential in situations in which,the Services will be accordance with applicable laws,rules,and regulations. provided;or 16. Assignment and Subcontracting iii.) the class of individuals to be afforded an opportunity to receive the Services. a. The Contractor shall not delegate its duties under the Contract,or assign,transfer;convey,subcontract,sublet, 10. Nonsectarian Declaration or otherwise dispose of the Contract,or any of its right,title or interest therein, or its power to execute the Contract, or The Services performed under the Contract are secular in assign all or any portion of the moneys that may be due or nature. No funds received pursuant to the Contract shall be become due hereunder, (collectively referred to in this used for sectarian purposes or to further the advancement of paragraph 16 as"Assignment"),to any other person,entity or any religion. The Services will be available to all eligible thing without the prior written consent of the County;and any individuals regardless of religious belief or affiliation. attempt to do any of the foregoing without such consent shall be void ab initio. l 1. Governing Law b. Such Assignment shall be subject to all of the The Contract shall be governed by, and construed in provisions of the Contract and to any other condition the accordance with,the laws of the State of New York,without County requires. No approval of any Assignment shall be regard to conflict of laws.Venue shall be designated in the. construed as enlarging any obligation of the County under the Supreme Court, Suffolk County, the United States District terms and provisions of the Contract. No Assignment of the Court for the Eastern District of New York,or,if appropriate, Contract or assumption by any person of any duty of the a court of inferior jurisdiction in Suffolk County. Contractor under the Contract shall provide for,or otherwise be construed as, releasing the Contractor from any term or 12. No Waiver provision of the Contract. It shall not be construed that any failure or forbearance of the 17. Changes to Contractor County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. a. The Contractor may,from time to time,only with Such provision shall otherwise remain in Rill force and effect, the County's written consent,enter into a Permitted Transfer. notwithstanding any such failure or forbearance. For purposes of the Contract,a Permitted Transfer means: 13. Conflicts of Interest i.) if the Contractor is a partnership, the withdrawal or change, whether The Contractor shall not,during the Term;pursue a course of voluntary,involuntary or by operation of conduct which would cause a reasonable person to believe law, of the partners, or transfer of that he or she is likely to be engaged in acts that create a ' partnership interests (other than the substantial conflict between its obligations under the Contract purchase of partnership interests by and its private interests. The Contractor is charged with the existing partners,by the partnership itself duty to disclose to the County the existence of any such or the immediate family members by adverse interests, whether existing or potential. This duty reason of gift, sale or devise), or the 38 of 55 pages ARTICLE III Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 dissolution of the partnership without the transferee has not been convicted of a criminal offense as immediate reconstitution thereof,and described under Article II of Chapter 189 of the Suffolk County Code. The County shall grant or deny its consent to ii.) if the Contractor is a closely held any request of a Permitted Transfer within twenty(20)days corporation (i.e. whose stock is not after delivery to the County of the Transfer Notice, in publicly held and not traded through an accordance with the provisions of Paragraph 27 of Article III exchange or over the counter): of the Contract. If the County shall not give written notice to the Contractor denying its consent to such Permitted Transfer 1. the dissolution, merger, (and setting forth the basis for such denial in reasonable consolidation or other detail)within such twenty(20)-day period,then the County reorganization of the shall be deemed to have granted its consent to such Permitted Contractor;and Transfer. 2. the sale or other transfer of e. Notwithstanding the County's consent, twenty percent(20%)or more of the shares of the Contractor i.) the terms and conditions of the Contract (other than to existing shall in no way be deemed to have been shareholders, the corporation waived or modified;and itself or the immediate family members of shareholders by ii.) such consent shall not be deemed reason of gift,sale or devise). consent to any further transfers. b. If the Contractor is a not-for-profit corporation,a 18. No Intended Third Party Beneficiaries change of twenty percent (20%) or more of its shares or members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a C. The Contractor shall notify the County in writing, beneficiary of the Contract and no third party shall have the which notice(the"Transfer Notice")shall include: right to make any claim or assert any right under the Contract. i.) the proposed effective date of the 19. Certification as to Relationships Permitted Transfer, which shall not be less than thirty (30)days nor more than The Contractor certifies under penalties of perjury that,other one hundred eighty(180)days after the than through the funds provided in the Contract and other date of delivery of the Transfer Notice; valid agreements with the County,there is no known spouse, life partner, business, commercial, economic, or financial ii.) a summary of the material terms of the relationship with the County or its elected officials. The proposed Peiinitted Transfer: Contractor also certifies that there is no relationship within the third degree of consanguinity, between the Contractor, iii.) the name and address of the proposed any of its partners, members, directors, or shareholders transferee; owning five(5%)percent or more of the Contractor,and the County. The foregoing certification shall not apply to a iv.) such information reasonably required by contractor that is a municipal corporation or a government the County, which will enable the entity. County to determine the financial responsibility, character, and reputation 20. Publications of the proposed transferee,nature of the proposed assignee/transferee's business Any book, article,report,or other publication related to the and experience; Services provided pursuant to this Contract shall contain the following statement in clear and legible print: V.) all executed forms required pursuant to Article IV of the Contract, that are "This publication is fully or partially funded required to be submitted by the by the County of Suffolk." Contractor;and 21. Copyrights and Patents vi.) such other information as the County may reasonably require. a. Copyrights d. The County agrees that any request for its consent Any and all materials generated by or on behalf of the to a Permitted Transfer shall be granted, provided that the Contractor while performing the Services(including,without transfer does not violate any provision of the Contract, and limitation,designs,images,video,reports,analyses,manuals, 39 of 55 pages ARTICLE III Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON 1-4980-95230 films,tests,tutorials,and any other work product of any kind) and all intellectual property rights relating thereto ("Work 23. Lawful Hiring of Employees Law in Connection with Product') are and shall be the sole property of the County. Contracts for Construction or future Construction The Contractor hereby assigns to the County its entire right, title and interest,if any,to all Work Product,and agrees to do In the event that the Contract is subject to the Lawful Hiring all acts and execute all documents,and to use its best efforts of Employees Law of the County of Suffolk,Suffolk County to ensure that its employees, consultants, subcontractors, Code Article II of Chapter 353,as more fully set forth in the vendors and agents do all acts and execute any documents, Article entitled"Suffolk County Legislative Requirements," necessary to vest ownership in the County of any and all the Contractor shall maintain the documentation mandated to Work Product. The Contractor may not secure copyright be kept by this law on the construction site at all times. protection. The County reserves to itself,and the Contractor Employee sign-in sheets and register/log books shall be kept hereby gives to the County, and to any other person on the construction site at all times and all covered designated by the County, consent to produce, reproduce, employees, as defined in the law, shall be required to sign publish,translate,display or otherwise use the Work Product. such sign-in sheets/register/log books to indicate their This paragraph shall survive any completion, expiration or presence on the construction site during such working hours. termination of this Contract. 24. Certification Regarding Lobbying The County shall be deemed to be the author of all the Work Product. The Contractor acknowledges that all Work Product Together with this Contract and as a condition precedent to its shall constitute "work made for hire" under the U.S. execution by the County,the Contractor shall have executed copyright laws. To the extent that any Work Product does not and delivered to the County the Certification Regarding constitute a "work made for hire," the Contractor hereby Lobbying (if payment under this Contract may exceed assigns to the County all right,title and interest,including the $100,000) as required by Federal regulations, and shall right, title and interest to reproduce, edit, adapt, modify or promptly advise the County of any material change in any of otherwise use the Work Product,that the Contractor may have the information reported on such Certification, and shall or may hereafter acquire in the Work Product, including all otherwise comply with, and shall assist the County in intellectual property rights therein,in any manner or medium complying with, said regulations as now in effect or as throughout the world in perpetuity without compensation. amended during the term of this Contract. This includes,but is not limited to,the right to reproduce and distribute the Work Product in electronic or optical media;or 25. Record Retention in CD-ROM,on-line or similar format. The Contractor shall retain all accounts,books,records,and b. Patents other documents relevant to the Contract for seven(7)years after final payment is made by the County. Federal, State, If the Contractor develops, invents, designs or creates any and/or County auditors and any persons duly authorized by idea; concept, code, processes or other work or materials the County shall have full access and the right to examine any during the Term, or as a result of any Services performed of said materials during said period. Such access is granted under the Contract("patent eligible subject matter"),it shall notwithstanding any exemption from disclosure that may be be the sole property of the County. The Contractor hereby claimed for those records which are subject to nondisclosure assigns to the County its entire right,title and interest,if any, agreements, trade secrets and commercial information or to all patent eligible subject matter,and agrees to do all acts financial information that is privileged or confidential and execute all documents,and to use its best efforts to ensure Without limiting the generality of the foregoing, records that its employees,consultants,subcontractors,vendors and directly related to contract expenditures shall be kept for a agents do all acts and execute any documents,necessary to period of ten(10)years because the statute of limitations for vest ownership in the County of any and all patent eligible the New York False Claims Act(New York False Claims Act subject matter. The Contractor may not apply for or secure § 192)is ten(10)years. for itself patent protection. The County reserves to itself,and the Contractor hereby gives to the County,and to any other 26. Contract Agency Performance Measures and Reporting person designated by the County, consent to produce or Requirements—Local Law No.41-2013 otherwise use any item so discovered and/or the right to secure a patent for the discovery or invention. This paragraph a. If payment under this Contract may exceed shall survive any completion,expiration or termination of this $50,000, it is subject to the requirements of Suffolk County Contract. Local Law No. 41-2013, a Local Law to Implement Performance Measurement to Increase Accountability and 22. Arrears to County Enhance Service Delivery by Contract Agencies(Article VIII of Chapter 189 of the Suffolk County Code) as set forth in Contractor warrants that, except as may otherwise be Article IV entitled "Suffolk County Legislative authorized by agreement, it is not in arrears to the County Requirements." upon any debt,contract,or any other lawful obligation,and is not in default to the County as surety. 40 of 55 pages ARTICLE III Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCl-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON 1-4980-95230 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 I 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),IIauppauge,New York,11788- 0099. 28. Data Security and Privacy.Contractor and all subcontractors shall comply with N.Y. Gen. Bus. Law § 899-bb (by developing, implementing; and maintaining reasonable safeguards to protect the security, confidentiality, and integrity of private information). 29. New York State Labor Law If applicable to this Contract, Contractor shall comply with Article 8 of the N.Y. Labor Law. End of Text for Article III 41 of 55 pages ARTICLE III Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON I-4980-95230 Article IV Suffolk County Legislative Requirements Required Forms: NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Suffolk County Living Wage Form DOL-1/38 (Revised REQUIREMENTS FORMS REFERENCED HEREIN ARE 1/2025); entitled "Suffolk County Department of Labor, AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON Licensing & Consumer Affairs Notice of Application for THE SIGNATURE PAGE OF THIS CONTRACT. County Compensation" These Legislative Requirements,as may be amended from time to Living Wage Certification/Declaration—Subject to Audit.'' time,shall apply to the Contractor regardless of whether notice of such amendments has been provided to the Contractor by the 3. Use of County Resources to Interfere with Collective County. It is the Contractor's obligation under this Contract to Bargaining Activities read,become familiar with,and comply with the requirements of It shall be the duty of the Contractor to read,become familiar amended Suffolk County Local Laws,Rules and Regulations,which with, and comply with the requirements of Article I of can be accessed on the homepage of the Suffolk County Legislature. 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 31 st 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: not to 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 1/2024); 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 II 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 42 of 55 pages ARTICLE IV Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON 1-4980-95230 employers,(as defined),and the owners thereof,as the case register/log books shall be kept on site at all times during may be,that are recipients of compensation from the County working hours and all covered employees,as defined in the through any grant, loan, subsidy, funding, appropriation, law,shall be required to sign such sign-in sheets/register/log payment, tax incentive, contract, subcontract; license books to indicate their presence on the site during such agreement,lease or other financial compensation agreement working hours. issued by the County or an awarding agency, where such compensation is one hundred percent(100%)funded by the Required Forms: County, shall submit a completed sworn affidavit (under Suffolk County Department of Labor, Licensing, & penalty of perjury),the form of which is attached,certifying Consumer Affairs — Notice of Application to certify that they have complied,in good faith,with the requirements compliance with Federal Law(8 U.S.C.Section 1324A)with of Title 8 of the United States Code Section 1324a with respect to Lawful Hiring of employees,Suffolk County Code respect to the hiring of covered employees(as defined)and Chapter 353(2006)"DOL-LHE-1/2(Revised 1/2024) with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized S. Gratuities representative of the covered employer or owner,as the case may be; shall be part of any executed contract,subcontract, It shall be the duty of the Contractor to read,become familiar license agreement, lease or other financial compensation with,and comply with the requirements of Chapter 664 of the agreement with the County;and shall be made available to the Suffolk County Code. public upon request. The Contractor represents and warrants that it has not offered All contractors and subcontractors (as defined) of covered or given any gratuity to any official,employee or agent of the employers, and the owners thereof, as the case may be,that County or the State or of any political party,with the purpose are assigned to perform work in connection with a County or intent of securing an agreement or securing favorable contract, subcontract, license agreement, lease or other treatment with respect to the awarding or amending of an financial compensation agreement issued by the County or agreement or the making of any determinations with respect awarding agency,where such compensation is one hundred to the performance of an agreement. percent (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit(under penalty 6. Prohibition Against Contracting with Corporations that of perjury),the form of which is attached,certifying that they Reincorporate Overseas have complied,in good faith,with the requirements of Title 8 of the United States Code Section 1324a with respect to the It shall be the duty of the Contractor to read,become familiar hiring of covered employees and with'respect to the alien and with, and comply with the requirements of sections A4-13 nationality status of the owners thereof, as the case may be. and A4-14 of Article IV of the Suffolk County Code. The affidavit shall be executed by an authorized representative of the contractor,subcontractor,or owner,as The Contractor represents that it is in compliance with the case may be; shall be part of any executed contract, sections A4-13 and A4-14 of Article IV of the Suffolk subcontract, license agreement, lease or other financial County Code. Such law provides that no contract for compensation agreement between the covered employer and consulting services or goods and services shall be awarded by the County;and shall be made available to the public upon the County to a business previously incorporated within the request. U.S.A.that has reincorporated outside the U.S.A. An updated affidavit shall be submitted by each such 7. Child Sexual Abuse Reporting Policy employer,owner,contractor and subcontractor no later than January 1 of each year for the duration of any contract and It shall be the duty of the Contractor to read,become familiar upon the renewal or amendment of the Contract, and with, and comply with the requirements of Article II of whenever a new contractor or subcontractor is hired under the Chapter 880 of the Suffolk County Code. terms of the Contract. The Contractor shall comply with Article II of Chapter 880, The Contractor acknowledges that such flings are a material, of the Suffolk County Code, entitled "Child Sexual Abuse contractual and statutory duty and that the failure to file any Reporting Policy,"as now in effect or amended hereafter or such statement shall constitute a material breach of the of any other Suffolk County Local Law that may become Contract. applicable during the term of the Contract with regard to child sexual abuse reporting policy. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate the 8. Non Responsible Bidder Contract for violations of this Law and to seek other remedies available under the law. It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Article II of The documentation mandated to be kept by this law shall at Chapter 189 of the Suffolk County Code. all times be kept on site. Employee sign-in sheets and 43 of 55 pages ARTICLE IV Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KON 1-4980-95230 Upon signing the Contract,the Contractor certifies that it has All contract agencies that provide services to minors are not been convicted of a criminal offense within the last ten required to protect the privacy of the minors and are strictly (10)years. The term "conviction" shall mean a finding of prohibited from selling or otherwise providing to any third guilty after a trial or a plea of guilty to an offense covered party,in any manner whatsoever,the personal or identifying under section 189-5 of the Suffolk County,Code under information of any minor participating in their programs. "Nonresponsible Bidder." 9. Use of Funds in Prosecution of Civil Actions Prohibited 13. Contract Agency Performance Measures and ReportingRequirements It shall be the duty of the Contractor to read,become familiar It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Article III of with, and comply with the requirements of Suffolk County Chapter 893 of the Suffolk County Code. Local Law No. 41-2013, a Charter Law to Implement Performance Measurement to Increase Accountability and The Contractor shall not use any of the moneys,in part or in Enhance Service Delivery by Contract Agencies(Article VIII whole, and either directly or indirectly, received under the of Chapter 189 of the Suffolk County Code). Contract in connection with the prosecution of any civil action against the County in any jurisdiction or any judicial or All contract agencies having a contract in excess of$50,000 administrative forum. shall cooperate with the contract's administering department 10. Youth Sports to identify the key performance measures related to the objectives of the service the contract agency provides and It shall be the duty of the Contractor to read,become familiar shall develop an annual performance reporting plan. The with, and comply with Article III of Chapter 730 of the contract agency shall cooperate with the administering Suffolk County Code. department and the County Executive's Performance Management Team to establish working groups to identify All contract agencies that conduct youth sports programs are appropriate performance indicators for monthly evaluation of required to develop and maintain a written plan or policy the contract agency's performance measures. addressing incidents of possible or actual concussion or other 14. Suffolk County Local Laws Website Address head injuries among sports program participants.Such plan or policy must be submitted prior to the award of a County Suffolk County Local Laws, Rules and Regulations can be contract,grant or funding. Receipt of such plan or policy by accessed on the homepage of the Suffolk County Legislature. the County does not represent approval or endorsement of any such plan or policy, nor shall the County be subject to any liability in connection with any such plan or policy. 15. Suffolk County Code of Ethics 11. Work Experience Participation As required by Suffolk County Standard Operating Procedure A-06, the following is a link to the Suffolk County Ethics If the Contractor is a not-for-profit or governmental agency or Booklet,which contains the provisions of the Suffolk County institution,each of the Contractor's locations in the County at Code of Ethics: which the Services are provided shall be a work site for h public-assistance clients of Suffolk County pursuant to ttps://sttffolkcount�nv.eov/Portals/0/formsdocsBoardofethic Chapter 281 of the Suffolk County Code at all times during s/2%2024%20BLUE%20BOOK%20UPDATED.pdf the Term of the Contract. If no Memorandum of Understanding("MOU")with the Suffolk County Department 16. Notification of Cyber Security Breach 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- It shall be the duty of the Contractor to read,become familiar profit or governmental agency or institution,shall enter into with,and comply with the requirements of section A5-22 of such MOU as soon as possible after the execution of the Article V of the Suffolk County Administrative Code. Contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in The Contractor(as defined in section A5-22)certifies that it accordance with the Contract, for which the County may has policies and procedures in place for the effective withhold payment, terminate the Contract or exercise such management of any cyber security breach, event or attack. other remedies as may be appropriate in the circumstances. The Contractor shall, within 48 hours, notify the Chief Information Security Officer ("CISO") at the Office of 12. Safeguarding Personal Information of Minors Information Technology located at William J. Lindsay County Complex — Building 50, 725 Veterans Memorial It shall be the duty of the Contractor to read,become familiar Highway,Hauppauge,New York 11788 and the Department with, and comply with the requirements of Suffolk County named on the signature page of this Contract,of any cyber Local Law No. 20-2013, a Local Law to Safeguard the breach,event or attack,as defined in section A5-22 of Article Personal Information of Minors in Suffolk County. V of the Suffolk County Administrative Code. The 44 of 55 pages ARTICLE IV Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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,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. 1/10/2025; Law No. JFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON 1-4980-95230 Article V required documentation will disqualify the Contractor from General Fiscal Terms and Conditions any further County contracts. 1. General Payment Terms C. Payment by County a. Presentation of Suffolk County Payment Payment by the County shall be made within thirty(30)days Voucher after approval of the Suffolk County Payment Voucher by the Comptroller. In order for payment to be made by the County to,the d. Budget Modification Contractor for the Services,the Contractor shall prepare and present a Suffolk County Payment Voucher,which shall be i.) The parties shall use the Contract Budget documented by sufficient, competent and evidential matter. Modification Request form ("Budget Each Suffolk County Payment Voucher submitted for Modification") for revisions to the payment is subject to Audit at any time during the Term or Budget and Services not involving an any extension thereof. This provision shall survive expiration increase to the total cost of the Contract. or termination of this Contract for a period of not less than If the Contractor is seeking such a seven(7)years,and access to records shall be as set forth in modification,the Contractor shall contact paragraph 25 of Article III,and paragraph 4(b)of Article V. the Department to receive the form and b. Voucher Documentation enter the required information. When the County and the Contractor agree as to The Suffolk County Payment Voucher shall list all such revisions,the Contractor shall sign information regarding the Services and other items for which the Budget Modification form and return expenditures have been or will be made in accordance with it to the County for execution along with the Contract. Either upon execution of the Contract(for the any other documentation the Department Services already rendered and expenditures already made),or may require. not more than thirty (30) days after the expenditures were ii.) Such request must be made in advance of made,and in no event after the 3 1"day of January following the end of each year of the Contract, the Contractor shall incurring any expenditure for which the revision is needed. furnish the County with detailed documentation in support of the payment for the Services or expenditures under the .) Upon complete execution of the Budget Contract, e.g., dates of the Service, worksite locations, Modification form, the County shall activities, hours worked, pay rates and all program Budget return a copy to the Contractor. The categories. The Suffolk County Payment Voucher shall revision shall not be effective until the include time records, certified by the Contractor as true and Budget Modification is completely accurate,of all personnel for whom expenditures are claimed executed. during the period. Time and attendance records of a Contractor's Director/Executive Director shall be certified by iv.) The Budget Modification form may be the Chairperson,President or other designated member of the submitted only twice per calendar year Board of Directors of the Contractor and shall be maintained and may only be submitted prior to by the Contractor for audit. All Suffolk County Payment November 151h•of that year. Vouchers must bear a signature as that term is defined pursuant to New York State General Construction Law§46 e. Budget and/or Services Revisions by duly authorized persons, and certification of such authorization with certified specimen signatures thereon must i.) The parties shall use the Contract be filed with the County by a Contractor official empowered Budget/Services Revision Approval Form to sign the Contract. (Budget/Services Revisions)for revisions Disbursements made by the Contractor in accordance with the to the Budget and Services involving any Contract and submitted for reimbursement must be change to the total cost of the Contract documented and must comply with accounting procedures as due to a resolution of the Legislature, set forth by the Suffolk County Department of Audit and changes to the County's adopted annual Control. Documentation, including any other form(s) budget, or for any other reason required by County or the Suffolk County Department of necessitating revisions to the Budget or Audit and Control,shall be furnished to the County pursuant Services. to, and as limited by, the Regulations for Accounting ii.) When the County and the Contractor Procedures for Contract Agencies of the Suffolk County Department of Audit and Control. In addition to any other agree as such revisions, the w remedies that the County may have, failure to supply the Department will enter the information into the Budget/Services Revisions Form 46 of 55 pages ARTICLE V . 0 Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 and send it to the Contractor for 3. Personnel Salaries,Pension and Employee Benefit signature.The Contractor shall return it Plans,Rules and Procedures to the County for execution along with any other documentation the Department a. Upon request, the Contractor shall submit to the may require. County a current copy,certified by the Contractor as true and accurate,of its iii.) Upon complete execution of the form by the parties,the County shall return a copy i.) salary scale for all positions listed in the to the Contractor. The revision shall not Budget; be effective until the Budget/Services Revisions Form is completely executed. ii.) personnel rules and procedures; f. Taxes iii.) pension plan and any other employee benefit plans or arrangements. The charges payable to the Contractor under the Contract are exclusive of federal,state,and local taxes,the County being a b. The Contractor shall not be entitled to municipality exempt from payment of such taxes. reimbursement for costs under any pension or benefit plan the Comptroller deems commercially unreasonable. g. Final Voucher C. Notwithstanding anything in this paragraph 3 of this Article V,the County shall not be limited in requesting such The acceptance by the Contractor of payment of all billings additional financial information it deems reasonable. made on the final approved Suffolk County Payment Voucher shall operate as and shall be a release of the County from all claims by the Contractor through the date of the Voucher. 4. Accounting Procedures 2. Subject to Appropriation of Funds a. The Contractor shall maintain accounts, books, records, documents, other evidence, and accounting a. The Contract is subject to the amount of funds procedures and practices which sufficiently and properly appropriated each fiscal year and any subsequent reflect all direct and indirect costs of any nature expended in modifications thereof by the County Legislature and no the performance of the Contract,in accordance with generally liability shall be incurred by the County beyond the amount of accepted accounting principles and with rules,regulations and funds appropriated each fiscal year by the County Legislature financial directives, as may be promulgated by the Suffolk for the Services. County Department of Audit and Control and the Department. The Contractor shall permit inspection and audit of such b. If the County fails to receive Federal or State funds accounts,books,records,documents and other evidence by originally intended to pay for the Services,or to reimburse the the Department and the Suffolk County Comptroller,or their County, in whole or in part, for payments made for the representatives,as often as,in their judgment,such inspection Services,the County shall have the sole and exclusive right is deemed necessary. Such right of inspection and audit as set to: forth in subparagraph b. below shall exist during the Term and for a period of seven (7) years after expiration or i.) determine how to pay for the Services; termination of the Contract. ii.) determine future payments to the b. The Contractor shall retain all accounts, books, Contractor;and records, and other documents relevant to the Contract for seven (7)years after final payment is made by the County. iii.) determine what amounts, if any, are Federal, State,and/or County auditors and any persons duly reimbursable to the County by the authorized by the County shall have full access and the right Contractor and the terms and conditions to examine any of said materials during said period. Such under which such reimbursement shall be access is granted notwithstanding any exemption from paid. disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and C. The County may,during the Term,impose a Budget commercial information or financial information that is Deficiency Plan. In the event that a Budget Deficiency Plan privileged or confidential. is imposed,the County shall promptly notify the Contractor in writing of the terms and conditions thereof, which shall be C. The Contractor shall utilize the accrual basis of deemed incorporated in and made a part of the Contract,and accounting and will submit all financial reports and claims the Contractor shall implement those terms and conditions in based on this method of accounting during the Term. no less than fourteen(14)days. 47 of 55 pages ARTICLE V Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON 1-4980-95230 5. Audit of Financial Statements i.) a current license issued by the New York State Education Department; a. All payments made under the Contract are subject ii,) sufficient auditing experience in the to audit by the Comptroller pursuant to Article V of the not-for-profit, governmental or profit- Suffolk County Charter. The Contractor further agrees that making areas,as applicable;and the Comptroller and the Department shall have access to and the right to examine, audit, excerpt, copy or transcribe any iii.) a satisfactory peer review issued within pertinent transactions or other records relating to services not more than three(3)years prior to the under the Contract. If such an audit discloses overpayments date when the Auditor was selected to by the County to the Contractor,within thirty(30)days after conduct the audit. the issuance of an official audit report by the Comptroller or C. The audit must be conducted in accordance with his duly designated representatives,the Contractor shall repay generally accepted governmental auditing standards. the amount of such overpayment by check to the order of the Financial statements must clearly differentiate between Suffolk County Comptroller or shall submit a proposed plan County-funded programs and other programs that the of repayment to the Comptroller. If there is no response,or if Contractor may be operating. The use of subsidiary schedules satisfactory repayments are not made,the County may recoup should be encouraged for this purpose. The Auditor must also overpayments from any amounts due or becoming due to the prepare a Management Letter based on the audit. Contractor from the County under the Contract or otherwise. The Comptroller reserves the right to undertake all reasonable d. "Subrecipients"—Federally Funded Programs actions to ensure compliance with all applicable local laws, and Grants rules,and regulations including but not limited to Chapter 189 of the Suffolk County Code. i.) In the event the Contractor expends ONE MILLION ($1,000,000.00) dollars or b. The provisions of this paragraph shall survive the more of Federal moneys, whether as a expiration or termination of the Contract for a period of seven recipient expending awards received (7) years, and access to records shall be as set forth in directly from Federal awarding agencies paragraph 25 of Article III,and paragraph 4(b)of Article V. or as a Contractor expending Federal awards received from a pass-through 6. Financial Statements and Audit Requirements entity such as New York State and/or Suffolk County, during any fiscal year a. Notwithstanding any other reporting or certification within which it receives funding under requirements of Federal, State, or local authorities, the the Contract,the audit referred to under Contractor shall obtain the services of an independent this paragraph 6 must be conducted and licensed public accountant or certified public accountant(the any the audit report must be in "Auditor") to audit its financial statements for each accordance with OMB Uniform Grant Contractor's "fiscal year'' in which the Contractor has Guidance — 2 CFR Part 200 ("Single received, or will receive, three hundred thousand Audit Report"). Single Audit Reports ($300,000.00) dollars or more from the County, whether must also be uploaded to the Federal under the Contract or other agreements with the County,and Audit Clearinghouse, to the extent shall submit a report to the County on the overall financial required by the OMB Uniform Grant condition and operations of the Contractor, including a Guidance referred to above. In addition, balance sheet and statement of income and expenses,attested the Single Audit Report, respective by the Auditor as fairly and accurately reflecting the financial statements and any accounting records of the Contractor in accordance with Management Letters must be submitted generally accepted accounting principles. The audited to the Department set forth on page one financial statements including respective Management Letters of this Contract and emailed to the must be emailed to the Executive Director of Auditing Executive Director of Auditing Services Services at Audits@suffolkcountyny.gov within thirty (30) at days after completion of the audit,but in no event later than subreciaientmonitoring(a-,)suffolkcount nine(9)months after the end of the Contractor's fiscal year, ypy.,gov within thirty (30) days after to which the audit relates. The Contractor may solicit completion of the audit,but in no event requests for proposals from a number of qualified accounting later than nine(9)months after the end of firms and review carefully the costs of,and qualifications for, the Contractor's fiscal year,to which the this type of work before selecting the Auditor. audit relates. b. The Auditor should be required to meet the In the event the Contractor expends less following minimum requirements: than ONE MILLION ($1,000,000.00) dollars of Federal moneys,whether as a recipient expending awards received 48 of 55 pages ARTICLE V Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 directly from Federal awarding agencies estimated total cost of the proposed order and three written or as a Contractor expending Federal estimates for the same. Written approval of the County shall awards received from a pass-through be required before the Contractor may proceed with such entity such as New York State and/or proposed purchase, rental or lease of furniture, fixtures or Suffolk County, during any fiscal year equipment. All items purchased must be new or like new the Contractor must email a certified unless specifically described otherwise in the Budget. Exemption Letter, the form of which shall be provided by the Department,on b. Purchase Practices/Proprietary Interest of the Contractor's Letterhead and a County Schedule of Federal Funds Expended to the respective County Department and i.) The Contractor shall follow the general the Executive Director of Auditing practices that are designed to obtain Services at furniture,fixtures,equipment,materials, subrecipientmonitoringgsuffolkcountyny or supplies at the most reasonable price .gov within thirty(30)days of the end of or cost possible. the Contractor's fiscal year. The Schedule of Federal Funds Expended ii.) The County reserves the right to must include all Federal funding received purchase or obtain furniture, fixtures, directly from the Federal government and equipment,materials,or supplies for the all Federal funds passed through from the Contractor in accordance with the County and other pass-through entities. programmatic needs of the Contract. If the County exercises this right, the Subrecipients may include, but not amount budgeted for the items so necessarily be limited to, not-for-profit purchased or obtained by the County for organizations;units of state government the Contractor shall not be available to or a unit of local governments. the Contractor for any purpose whatsoever. Title to any such items e. Copies of any other audit reports including purchased or otherwise obtained by the oversight agency audits must be submitted to the Department County for the programs encompassed by set forth on page one of this Contract and emailed to the the Contract and entrusted to the Executive Director of Auditing Services at Contractor,shall remain in the County. Audits ,suffolkeountvnv.gov within thirty (30) days after iii.) The County shall retain a proprietary completion of the audit(s). interest in all furniture, removable f. The requirements set forth in thisparagraph 6 shall fixtures, equipment, materials, and q supplies purchased or obtained by the not preclude the authorized representatives of the County,the Contractor and paid for or reimbursed to Comptroller,or Federal or State entities from conducting any the Contractor pursuant to the terns of other duly authorized audit(s) of records and financial the Contract or any prior agreement statements of the Contractor. The Contractor shall make such between the parties. records and financial statements available to authorized representatives of Federal,State and County government for iv.) The Contractor shall attach labels that purpose. indicating the County's proprietary g. The provisions of this paragraph 6 shall survive the interest or title in all such property. expiration or termination of the Contract. C. County's Right to Take Title and Possession 7. Furniture,Fixtures,Equipment,Materials,Supplies Upon the termination or expiration of the Contract or any renewal thereof, the discontinuance of the business of the a. Purchases, Rentals or Leases Requiring Prior Contractor,the failure of the Contractor to comply with the Approval terms of the Contract, the bankruptcy of the Contractor, an assignment for the benefit of its creditors,or the failure of the Prior to placing any order to purchase, rent or lease any Contractor to satisfy any judgment against it within thirty(30) furniture, fixtures, or equipment valued in excess of one days of filing of the judgment,the County shall have the right thousand dollars($1,000.00)per unit for whichthe Contractor to take title to and possession of all furniture, removable will seek reimbursement from the County, the Contractor fixtures, equipment, materials, and supplies and the same shall submit to the County a written request for approval to shall thereupon become the property of the County without make such a proposed purchase, rental or lease, with a list any claim for reimbursement on the part of the Contractor. showing the quantity and description of each item, its intended location and use, estimated unit price or cost, and 49 of 55 pages ARTICLE V .ary 1 Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/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 d. Inventory Records,Controls and Reports 8, Lease or Rental Agreements The Contractor shall regularly and concurrently maintain If lease payments or rental costs are included in the Budget as proper and accurate inventory records and controls for all an item of expense reimbursable by the County, the such furniture, removable fixtures and equipment acquired Contractor shall promptly submit to the County,upon request, pursuant to the Contract and all prior agreements between the any lease or rental agreement. If during the Term, the parties,if any. Three(3)months before the expiration date of Contractor shall enter into a lease or rental agreement,or shall the Contract,the Contractor shall make a physical count of all renew a lease or rental agreement,the Contractor shall,prior items of furniture, removable fixtures and equipment in its to the execution thereof, submit such lease or rental custody,checking each item against the aforesaid inventory agreement,to the County for approval. records. A report setting forth the results of such physical count shall be prepared by the Contractor on a form or forms 9. Statement of Other Contracts designated by the County, certified and signed by an authorized official of the Contractor,and one(1)copy thereof shall be delivered to the County within five(5)days after the Prior to the execution of the Contract, the Contractor shall date set for the aforesaid physical count. Within five(5)days submit a Statement of Other Contracts to the County. If the after the termination or expiration date of the Contract, the Contract is amended during the Term, or if the County exercises its option right,the Contractor shall submit a then Contractor shall submit to the County six (6) copies of the same report updated to such date of the Contract,certified and current Statement of Other Contracts. signed by an authorized official of the Contractor,based on a physical count of all items of furniture, removable fixtures 10. Miscellaneous Fiscal Terms and Conditions and equipment on the aforesaid expiration date,and revised,if necessary, to include any inventory changes during the last a. Limit of County's Obligations three(3)months of the Term. The maximum amount to be paid by the County is set forth on e. Protection of Property in Contractor's Custody the first page of the Contract. The Contractor shall maintain vigilance and take all b. Duplicate Payment from Other Sources reasonable precautions to protect the furniture, fixtures, equipment,material or supplies in its custody against damage Payment by the County for the Services shall not duplicate or loss by fire,burglary,theft,disappearance,vandalism,or payment received by the Contractor from any other source. misuse. In the event of burglary, theft, vandalism, or disappearance of any item of furniture, fixtures, equipment, C. Funding Identification material or supplies,the Contractor shall immediately notify the police and make a record thereof,including a record of the The Contractor shall promptly submit to the County upon results of any investigation which may be made thereon. In request, a schedule for all programs funded by the County, the event of loss of or damage to any item of furniture, itemizing for each such program the sums received, their fixtures,equipment,materials,or supplies from any cause,the source and the total program budget. Contractor shall immediately send the County a detailed written report thereon. d. Outside Funding for Non-County Funded Activities f. Disposition of Property in Contractor's Custody Notwithstanding the foregoing provisions of the Contract,it is Contractor shall be required to obtain the County's prior the intent of the County that the terms and conditions of the written approval to dispose of any and all property including Contract shall not limit the Contractor from applying for and fixtures, equipment and furniture, purchased with County accepting outside grant awards or from providing additional finds. educational activities/services which may result in the Upon termination of the County's funding of any of the Contractor incurring additional costs,as long as the following Services covered by the Contract,or at any other time that the conditions are met: County may direct,the Contractor shall make access available and render all necessary assistance for physical removal by i.) The County is not the Fund Source for the County or its designee of any or all furniture,removable the additional services; fixtures,equipment,materials or supplies in the Contractor's custody in which the County has a proprietary interest,in the ii.) Sufficient funding is available for or can same condition as such property was received by the be generated by the Contractor to cover Contractor, reasonable wear and tear excepted. Any the cost incurred by the Contractor to provide these additional services;and disposition, settlements or adjustments connected with such property shall be in accordance with the rules and regulations iii.) If sufficient funding is not available or of the County and the State of New York. cannot be generated,the County shall not be held liable for any of the additional 50 of 55 pages ARTICLE V Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON i-4980-95230 costs incurred by the Contractor in Comptroller. The provisions of this subparagraph shall furnishing such additional services. survive the expiration or termination of the Contract. iv.) Prior to scheduling any such additional h. Budget services on County-owned property,the Contractor shall obtain written County The Contractor expressly represents and agrees that the approval. The Contractor shall, to the Budget lists all revenue, expenditures, personnel,personnel County's satisfaction, submit any costs and/or all other relevant costs necessary to provide the documentation requested by the Services. Department reflecting the change, and identify the additional services to be i. Payment of Claims provided and the source of funding that shall be utilized to cover the expenditures Upon receipt of a Suffolk County Payment Voucher, the incurred by the Contractor in undertaking County, at its discretion,may pay the Contractor during the the additional services. Term,in advance,an amount not to exceed one sixth(1/6)of e. Potential Revenue the maximum amount to be paid by the County set forth on the first page of the Contract. The Contractor shall actively seek and take reasonable steps j. Payments Limited to Actual Net Expenditures to secure all potential funding from grants and contracts with other agencies for programs funded by the County. The Contractor agrees that if,for any reason whatsoever,the f. Payments Contingent upon State/Federal Contractor shall spend during the Term for the purposes set Funding forth in the Contract an amount less than,or receive amounts more than, provided in the Budget, the total cost of the Contract shall be reduced to the net amount of actual Payments under the Contract may be subject to and Contractor expenditures made for such purposes. The total contingent upon continued funding by State and/or Federal amount to be paid by the County shall not exceed the lesser of agencies. In the event payments are subject to such funding (i)actual net expenditures or(ii)the total cost of the Contract no payment shall be made until the Contractor submits on the cover page and in the Budget. Upon termination or documentation in the manner and form as shall be required by expiration of the Contract,if the Contractor's total amount of State and/or Federal agency. If late submission of claims allowable expenses is less than the total amount of the precludes the County from claiming State or Federal payments made during the Term,the Contractor shall prepare reimbursement,such late claims by the Contractor shall not be a check payable to the Suffolk County Comptroller for the paid by the County subject to subparagraph g.below,if,for difference between the two amounts and submit such payment any reason, the full amount of such funding is not made to the County,along with the final Suffolk County Payment available to the County, the Contract may be terminated in Voucher. whole or in part;or the amount payable to the Contractor may be reduced at the discretion of the County,provided that any k. Travel, Conference, and Meeting Attendance: such termination or reduction shall not apply to allowable SOP A-07 Amendment 1 costs incurred by the Contractor prior to such termination or reduction,and provided that money has been appropriated for Reimbursement to the Contractor for travel costs shall not payment of such costs. exceed amounts allowed to County employees. All conferences that are partially or fully funded by the County g. Denial of Aid that the Contractor's staff wishes to attend must be pre- approved, in writing, by the County and must be in If a State or Federal government agency is funding the compliance with Suffolk County Standard Operating Contract and fails to approve aid in reimbursement to the Procedure A-07 which may be viewed online at the County's County for payments made hereunder by the County to the website, SuffolkCountyny.gov; go to "Government," then Contractor for expenditures made during the Term because of "Comptroller,"then"Consultant's Agreements." any act,omission or negligence on the part of the Contractor, then the County may deduct and withhold from any payment 1. Salaries due to the Contractor an amount equal to the reimbursement denied by the state or federal government agency, and the The Contractor shall not be eligible to receive any salary County's obligation to the Contractor shall be reduced by any reimbursement until proof of deposit or payment of all such amounts. In such an event,if there should be a balance withholding and payroll taxes to the Federal/State due to the County after it has made a final payment to the governments has been provided to the County. Contractor under the Contract,on demand by the County,the Contractor shall reimburse the County for the amount of the To. Salary Increases balance due the County, payable to the Suffolk County 51 of 55 pages ARTICLE V Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/KPCI-4980-95230 Nutrition Program for the Elderly 001-6797/KPTI-4980-95230 001-6776/KON I-4980-95230 No salary,wage,or other compensation for the Services shall Notwithstanding anything in this Article V to the contrary, be increased over the amount stated in the Budget without the the County shall have available to it all rights and remedies prior written approval of the County. under the Contract and at law and equity. n. Contractor Vacancies P. Comptroller's Rules and Regulations The County shall have the right of prior approval of the The Contractor shall comply with the"Comptroller's Rules Contractor's filling of any vacant position as of the date of and Regulations for Consultant's Agreements" as execution of the Contract or as may thereafter become vacant, promulgated by the Department of Audit and Control of and,in the exercise of that right.The County may promulgate Suffolk County and any amendments thereto during the Term reasonable regulations involving filling of vacancies which of the Contract. The"Comptroller's Rules and Regulations shall be deemed to be incorporated by reference in, and be for Consultant's Agreements"and"SOP A-07 Amendment 1" made part of the Contract,provided,however,that subject to may be viewed online at the County's website, the availability of funding, approval for the hiring of SuffolkCountyny.gov; go to "Government," then replacement clerical shall be a Contractor determination. "Comptroller,"then"Consultant's Agreements." o. No Limitation On Rights End of Text for Article V 52 of 55 pages ARTICLE V n i Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 Article VI Budget Town of Southold RATE PAGE Nutrition Program for the Elderly January 1,2025-December 31,2025 UNIT COST PER CONGREGATE MEAL $7.18 UNIT COST PER HOME-DELIVERED MEAL $7.62 53 of 55 pages .v Rev. 1/10/2025; Law No. IFMS NO. 000000015417 ALN/Subrecipient Line Item/Omnibus Grant 001-6790/IFC1-4980-95230 Nutrition Program for the Elderly 001-6797/KPT1-4980-95230 001-6776/KONl-4980-95230 Exhibit 1 SUBRECIPIENT CONTRACT DOCUMENTATION Granting Department: Federal Awarding Agency: Federal Award Identification Assistance Listing Suffolk County Health and Human Number: Number and Title: Office for the Aging Services. N/A Title IIIC—93.045 Awarding Official Name and County Contract Number: Identify the dollar amount Federal Award Date: Contact Information: 00000015417 available under each 1/1/25 Suffolk County Federal award and the Office for the Aging Subaward Period of Assistance Listing Number 100 Veteran Memorial Hwy. Performance Start and at time of disbursement: PO Box 6100 End Date: Hauppauge, NY 11788 1/l/25-12/31/25 Federal Amount and % Subaward Budget 631-853-8200 (this Assistance Listing Period Start and End Number): Date: $254,628.00— 90% 1/1/25, 12/31/25 Federal Amount and% (other Assistance Listing Number(s)): $23,780.00— 100% State Amount and%: $0.00 County Amount and%: $28,292.00 Subrecipient Name&Address Subrecipient's Unique Federal Funds Obligated by Federal Funds ,Town of Southold Entry Identifier: this Action: Obligated to QFNADND8HTG5 $254,628.00 Subrecipient by 53095 Main Road County including P.O. Box 1179 Research&Development current obligation: Southold, NY 11971-0959 ❑Yes xNo Total Federal Award $278,408.00 Committed to Subrecipient by the County: $278,408.00 Indirect cost rate for the Federal award(including if the de minimis rate is charged per§200.414 Indirect(F&A)costs): N/A Approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal Government or, if no such rate exists,either a rate negotiated between the pass-through entity and the subrecipient(in compliance with this part), or a de minimis indirect cost rate as defined in §200.414 Indirect (F&A) costs, paragraph (f): N/A Federal Award Project Description: Title IIIC of the Older Americans Act—93.045 Requirements imposed by the pass-through entity on the subrecipient so that the Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award: Requirements are detailed in the contract with Suffolk County. 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 Close-Out Direction: All vouchers and backup must be submitted within 30 days of close of award period. 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 Rev. 1/10/2025;Law No. IFMS NO. 000000015417 ALN/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 SUBRECII'IENT CONTRACT DOCUMENTATION Granting Department: Federal Awarding Agency: Federal Award Identification Assistance Listing Suffolk County Health and Human Number: Number and Title: Office for the Aging Services. N/A NSIP-93.053 Awarding Official Name and County Contract Number: Identify the dollar amount Federal Award Date: Contact Information: 00000015417 available under each 1/1/25 Suffolk County Federal award and the Office for the Aging Subaward Period of Assistance Listing Number 100 Veteran Memorial Hwy. Performance Start and at time of disbursement: PO Box 6100 End Date: Hauppauge, NY 11788 1/1/25, 12/31/25 Federal Amount and% Subaward Budget 631-853-8200 (this Assistance Listing Period Start and End Number): Date: $23,780.00 - 100% 1/1/25,12/31/25 Federal Amount and% (other Assistance Listing Number(s)): $254,628.00 - 90% State Amount and W $0.00 County Amount and W $28,292.00 Subrecipient Name&Address Subrecipient's Unique Federal Funds Obligated by Federal Funds Town of Southold Entry Identifier: this Action: Obligated to QFNADND8HTG5 $23,780.00 Subrecipient by 53095 Main Road County including P.O. Box 1179 Research&Development current obligation: Southold, NY 11971-0959 ❑Yes xNo Total Federal Award $278,408.00 Committed to Subrecipient by the County: $278,408.00 Indirect cost rate for the Federal award(including if the de minimis rate is charged per§200.414 Indirect(F&A)costs): N/A Approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal Government or, if no such rate exists,either a rate negotiated between the pass-through entity and the subrecipient(in compliance with this part), or a de minimis indirect cost rate as defined in §200.414 Indirect (F&A) costs, paragraph (f): N/A Federal Award Project Description: Nutrition Services Incentive Program -93.053 Requirements imposed by the pass-through entity on the subrecipient so that the Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award: Requirements are detailed in the contract with Suffolk County. 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 Close-Out Direction: All vouchers and backup must be submitted within 30 days of close of award period. 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 COVER SHEET FOR DOCUMENTS Sent To: D L "yl. Llfz� Sent By: TOWN ATTORNEY, PAUL M. DECHANCE DEPUTY T/A, JACK SQUICCIARINI ASSISTANT T/A, JULIE M. MCGIVNEY ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER_C Type Of Agreement: I APR Nature Of Contract/Agreement