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HomeMy WebLinkAboutSC Office for the Aging - Shopping Assistance Program DENIS N(3NC:ARROW Town Hall„53095 Main Road P.O TOWN CLERK Of Box 1179 Southold,New York 11971 Fax REGISTRAR of VITAL, �� (631) 765-6145 Telephone(631) STATISTICS MARRIAGE OFFICER 765-1800 RECORDS MANAGEMENT � www.snYithoi�ltownny.gov OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-499 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 24, 2025: RESOLVED,that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert T. Krupski, Jr. to execute the Shopping Assistance Program Agreement between the County of Suffolk Office for the Aging and the Town of Southold, for the period January 1, 2025 through December 31, 2025, with an option, to be exercised at the County's discretion,to June 30, 2026 on the same terms and conditions herein; to provide assistance to Southold Town residents aged sixty(60) and over, clients who have difficulty accessing essential products due to illness, incapacity, disability or the absence of a caregiver, as identified in Contract IFMS No. 0000001.5980; 001-6777- IT1-4980-95285,with service levels as indicated. with a maximum reimbursement to the Contractor from the County not to exceed $40,000.00, at no cost to the Town, subject to the approval of the Town Attorney. Denis Noncarr ow Southold Town. Clerk RESULT: Adopted. MOVER: Justice Evans SECONDER: Councilman Doroski AYES: Supervisor Kruupski, Jr., Councilwoman Smith, Councilman Doroski, Councilman Mealy, Justice Evans NAYES: None COVER SHEET FOR DOCUMENTS AUG 2 2025 ,SouUiold Town Clerk N T To: b �J A ' Sent By: TOWN ATTORNEY, PAUL M. DECHANCE DEPUTY T/A, JACK SQUICCIARINI ASSISTANT T/A, JULIE M. MCGIVNEY ASSISTANTT/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER Type of Agreement Nature of Contract/Agreement �o s �. Re 1/10/2025; ) ' `�� IFMS 00000015980 S&pping Assistance Program 001-6777-KIT1-4980-95285 Southold Shopping Assistance Program This Contract("the Contract") is between the County of Suffolk("the County"), a municipal corporation of the State of New York, acting through its duly constituted Office for the Aging("the Department"), located at the H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099; and Town of Southold ("the Contractor"),a 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 to provide a Shopping Assistance Program for the Elderly ("the Services") as set forth in Article I, entitled"Description of Services." Term of the Contract: January 1,2025 through December 31,2025;with an option,to be exercised at the County's discretion, to June 30,2026 on the same terms and conditions herein. Units of Service: 500 Units of Shopping Assistance 40 Unduplicated Served Total Cost of the Contract: Shall not exceed$40,000.00,to be paid as set forth-in Articles V and VI as set forth herein, unless revised by a Suffolk County Resolution and in accordance with paragraph Le. of Article V of this Contract. Terms and Conditions: Shall be as set forth in Articles I through VI, attached hereto and made a part hereof. In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below. Town of Southold County of Suffolk By: �.� � �� Albert J. Krupski, Jr. By: Kevin B. Molloy Supervisor Chief Deputy Co xeau - e Fed. Tax ID#: 11-6001939 Date 6 / a-a-(. f.2 Date � �� , 61 'f 11 S �- hereby Approved: certifies under penalties of perju that I an officer of Suffolk County Office for the Aging Uj' ® I that I have read and I am familiar with§A5-8 of Artii(c��leV of the Suffolk By: County Code,and that� I ujn Q- SJv,400 meets Holly . Rhodes-Teague all requirements to qualify for exemption thereunder. Director, WE e for t�Agmg Date ply Name a{� (� ZG - Recomme Approved as to Form: Christopher J. Clayton By: L°��' Michelle Belsky Suffolk County Attorney Food Servic upervisor By: Date Jacqueline Caputi Assistant County Attorney Date I 0088822 1 of 40 pages Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 List of Articles Article I Description of Services 1. Conflicting Provisions 2. Goals of Program 3. General Terms and Conditions 4. Administration 5. Contractor's Staff 6. Coordination 7. Targeting and Outreach 8. Equal Access 9. Reporting Requirements 10. Incident Reporting 11. Confidentiality 12. Promotions and Advertisements 13. Contributions 14. Participant Comments and Satisfaction Surveys 15. Monitoring 16. Grievance Procedures 17. Certificate of Incorporation 18. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013 19. Reporting of Key Performance Indicators Contractor's Narrative Article 1A Grievance Procedures I. Purpose. II. Notifying Participants of Right to File Grievance III. Grievance Process IV. Recordkeeping V. Confidentiality Article II Definitions 1. Meanings of Terms 2. Elements of Interpretation Article III General 'Perms and Conditions 1. Contractor Responsibilities a. Duties and Obligations b. Qualifications, Licenses, and Professional Standards c. Notifications d. Documentation of Professional Standards e. Credentialing 2 of 40 pages R 1 Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 f. Engineering Certificate 2. Termination a. Thirty Days Termination b. Event of Default; Termination on Notice c. Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7._ Merger;No Oral Changes 8. Set-Off Rights 9. Non-Discrimination in Services and Employment 10. Nonsectarian Declaration 11. Governing Law 12.No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor 18.No Intended Third Party Beneficiaries 19. Certification as to Relationships 20. Publications 21. Copyrights and Patents a. Copyrights b. Patents 22. Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24. Certification Regarding Lobbying 25. Record Retention 26. Contract Agency Performance Measures and Reporting Requirements - Local Law No. 41-2013 27. Notice 28. Data Security and Privacy 29.New York State Labor Law Article IV Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 3 of 40 pages f Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 12. Safeguarding Personal Information of Minors 13. Contract Agency Performance Measures and Reporting Requirements 14. Suffolk County Local Laws Website Address 15. Suffolk County Code of Ethics 16. Notification of Cyber Security Breach Article V General Fiscal Terms and Conditions 1. General Payment Terms a. Presentation of Suffolk County Payment Voucher b. Voucher Documentation c. Payment by County d. Budget Modification e. Budget and/or Services Revisions f. Taxes g. Final Voucher 2. Subject to Appropriation of Funds 3. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures 4. Accounting Procedures 5. Audit of Financial Statements 6. Financial Statements and Audit Requirements 7. Furniture, Fixtures, Equipment, Materials, Supplies a. Purchases, Rentals or Leases Requiring Prior Approval b. Purchase Practices/Proprietary Interest of County c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Property in Contractor's Custody f. Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non-County Funded Activities e. Potential Revenue f. Payments Contingent upon State/Federal Funding g. Denial of Aid h. Budget i. Payment of Claims j. Payments Limited to Actual Net Expenditures k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 1. Salaries m. Salary Increases 4 of 40 pages Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 n. Contractor Vacancies o. No Limitation On Rights p. Comptroller.'s Rules and Regulations Article VI Budget 5 of 40 pages r Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 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 continuity of service delivery is considered to be in the best interest of the County and the elderly residents of Suffolk County for the best possible outcomes; Now therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Goals of the Program The Shopping Assistance Program ("The Program") provides assistance to Suffolk County residents aged sixty (60) and over, clients who have difficulty accessing essential products due to illness, incapacity, disability or the absence of a caregiver. Specifically,the program provides clients with assistants, who help clients order essential items, such as groceries and medication, via online shopping, curbside pick-up, and/or shopping in person. 3. General Terms and Conditions In general, but without limitation, the Contractor shall be required to meet the criteria listed below: a. The Contractor may not impose a means test of eligibility. No income or asset information may be used to determine eligibility for service notwithstanding any other provisions of this Contract. b. The Contractor and all of their subcontractors shall adhere to the terms of the Department's New York State (NYS) Area Plan, to the extent that the program is a part thereof, and the Department agrees to make the NYS Area Plan available to the Contractor. C. The Contractor is to afford priority to servicing those elderly persons whom New York State has identified as the target population (minority, low-income, frail, and vulnerable) in accordance with paragraph 8 below. d. Persons eligible for or receiving the same or a similar service under another government-funded program are not eligible for this service. However, determination of eligibility must be done on an individual basis recognizing specific circumstances as they pertain to the person's need. C. The Contractor may not charge any fees for services. 6 of 40 pages ARTICLE I v Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 4. Administration Overall administration of this program will be the responsibility of the Contractor. The Contractor or its designee will ensure proper implementation and direction of the services, act as liaison between the Department and the actual recipients of service and ensure accuracy and timeliness of submission of all reporting forms and expenditures. 5. Contractor's Staff a. The Contractor shall employ adequate numbers of qualified staff, which may include volunteers, and supervisory personnel to meet all the specifications and responsibilities of the program in an orderly,punctual, and reliable manner. All meetings and trainings required by the County are to be attended by the appropriate staff. The Contractor will have on file with the Department the procedures to be followed by workers and other staff in case of emergency. b. The Department has the right to review and approve Contractor's staff applicable to the Program. C. The provisions of this paragraph 6 are in addition to the provisions of Article V,paragraph 10, subparagraph n. 6. Coordination The Contractor shall coordinate the delivery of services with other providers and organizations to provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish this, the Contractor will undertake activities such as, but not limited to, participation in inter-agency meetings, coordination of referrals and follow-ups with other local service providers, entering into agreements with other organizations for joint efforts and/or funding, centralized assessment and maintaining up-to-date resource materials both within and outside the Contractor's organization. 7. 'Targeting and Outreach a. The Contractor, to the extent it has discretion regarding to whom it will provide services, must give preference to providing services to those unserved and underserved older adults in greatest social or economic need particularly those older adults who are: low-income, low-income minorities, individuals with limited English proficiency, rural residents,Native Americans, institutionalized or those at risk for institutionalization, individuals with Alzheimer's and related disorders, individuals with disabilities, caregivers of individuals with Alzheimer's related disorders and individuals with disabilities, minorities, frail, vulnerable,LGBT and homebound; in accordance with their need for such services and to meet the specific objectives established by the Department within the PSA (OAA §305 (a)(2)(E)). The term"greatest economic need" is defined as the need resulting from an income at or below the poverty levels as established annually by the U.S. Office of Management and Budget. The term "greatest social need" refers to the need caused by non-economic factors which include physical and mental disabilities, language barriers and cultural, social or geographical isolation including isolation caused by racial or ethnic status that restricts an individual's ability to perform normal daily tasks or threatens the capacity of the individual to live independently (OAA §102 (23 and 24)). b. The Contractor agrees to concentrate the services on older adults in the targeted populations identified by the Department following the methods the Department has established for complying with the targeting requirements under the OAA and the Equal Access and Targeting Policy issued by the New York State Office for the Aging. Consistent with the OAA and NYS applicable regulations, including the following laws: the Older Americans Act(OAA), Title III of the Code of Federal Regulations, 45 CFR 1321; the NYS Elder Law and relevant NYS 7 of 40 pages ARTICLE I Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 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 one hundred percent (100%) of the poverty level. iii. Frail - Persons with one (1) or more functional deficits in the following areas: a) Physical functions; b) Mental functions; 8 of 40 pages ARTICLE I a Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 c) Activities of daily living (eating, bed/chair transfer, dressing, bathing; toiletry and continence); and/or, d) Instrumental activities of daily living (meal preparation,housekeeping, shopping, medications,telephone, travel, and money management). iv. Disabled -Any person who has a physical or mental impairment which substantially limits one (1) or more major life activities, has a record of such impairment, or is regarded as having such impairment. This includes alcoholism and drug addiction. V. Vulnerable - Persons with a deficit of social resources,those who are isolated socially, linguistically or geographically, and/or those affected by other environmental conditions including the following: a) Language barriers; Limited English Proficiency - Individuals who do not speak English as their primary language and who have a limited ability to read,write, speak, or understand English may be limited English proficient, and may be eligible to receive language assistance with respect to a particular type of service, benefit, or encounter. b) Rural residence; c) Persons with disabilities; d) Institutionalized or at risk of institutionalization; e) Lesbian, gay, bisexual,transgender (LGBT) older adults; f) Low literacy; g) Older adult caregivers of children with developmental disabilities, mental illness, or other disabilities requiring a caretaker (e.g., traumatic brain injury); h) Homebound; and, i) Alzheimer's or other Dementia. d. In order to comply with Targeting requirements, the Contractor must employ Outreach Strategies which may include, but are not limited to, locating target populations using Census or other resource data, translated printed materials, location of services in catchment areas for targeted populations,.publicity to community-based groups, and minority staff/volunteers. 8. Equal Access a. The Contractor shall comply with requirements for equal access including language accessibility, nondiscrimination and concentration of services on target populations. b. The Contractor shall adopt staffing procedures which provide for services to be delivered in a language other than English in areas where a significant number of Clients do not speak English as their principal language. C. The Contractor shall provide maximum accessibility to those older adults in greatest economic or social need, and ensure that new sites be free from architectural barriers that limit participation of disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2 (1) and Section 504 of the Rehabilitation Act of 1973). Accessibility requirements include provision of services and assistive devices (including assistive technology services and devices) designed to meet the unique needs of older individuals who are disabled, and of older individuals who provide uncompensated care to their adult children with disabilities. Providers must ensure that 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: 9 of 40 pages ARTICLE I Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 • For individuals who are deaf or hard of hearing: qualified interpreters, note takers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening systems,telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDDs), videotext displays, and exchange of written notes. • For individuals with vision impairments: qualified readers,taped texts, audio recordings,Brailed materials, large print materials, and assistance in locating items. • For individuals with speech impairments: TDDs, computer terminals, speech synthesizers, and communication boards. d. Additionally, consistent with the Civil Rights Act of 1964, Title VI, the Title VI regulations, federal Executive Order 13166, and the NYS Human Rights Law. All AAAs and subcontractors are required by law to take reasonable steps to provide meaningful access to limited English proficient persons. All aging services providers are obligated to provide reasonable, timely, and appropriate language assistance to the limited English proficiency (LEP)populations each serves. Mandated Action: The Contractor shall, at a minimum, maintain a telephonic interpretation service contract or similar community arrangement with a language interpretation services provider of their choice. The Contractor's staff for this Program with public contact must be aware of, and trained in the timely and appropriate use of, these language services. The Contractor shall also ensure that LEP persons are informed of the availability of language assistance, free of charge, by providing written notice in languages LEP persons will understand at service locations. 9. Reporting Requirements One (1) shopping assistance unit equals one contact for shopping. a. The Contractor shall submit to the Department monthly reports covering program activity and expenses incurred during the reporting period. Such reports must be submitted to the Department by the eighth(8"') day of the month following the period being reported, and be on a form specified by the Department and shall comply with all procedures required by the Department for the proper payment of vouchers and audits. b. Financial reports, or vouchers, also must never contain the names of the Clients served, but may be coded to indicate the particular client served. Demographics The Contractor must at a minimum determine and maintain the following specific type of demographic information for each individual receiving services: • Name. • Sex. 0 Age. ® Disabled/Frail. • Vulnerable. • Live Alone. 10 of 40 pages ARTICLE I Rev. 1/10/2025; IFMMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 • 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 100 % of Poverty Threshold 185 % of Poverty Threshold 1 $15,650/year $28,953/year 2 $21,150/year $39,128/year • Minority. • Low-Income Minority -those minority persons whose income is at or below the poverty threshold. 10. Incident Reporting a. The Contractor agrees to provide the Department with reports of all instances of claims, costs, damages, and injuries to persons or property of whatsoever kind arising out of services provided under this Agreement. All such notifications should be given to the Department immediately after the incident, if possible, but in no case longer than five (5) days after the incident. The Contractor further agrees to send the Department copies of all "notices of claim" or any other papers relating to litigation it receives relating to the program covered under this Contract. b. The Contractor will report at least verbally to the Department, within twenty-four(24) hours any incidents involving the client,whether the incident requires medical attention or not. A written follow up of such incident shall be sent to the Department within five (5) days of occurrence. The Contractor will report any circumstances outside normal events that affect the well-being of the client, including deteriorating conditions and significant changes that might lead to unsafe conditions for the client. 11. Confidentiality Confidential records shall be maintained on each recipient. Reports, as required by the Department, should not contain the names of any Clients, and identifying codes should be used to indicate particular Clients served, if necessary. a. The Contractor agrees that no personal information obtained from an individual in conjunction with this program shall be disclosed in a form in which it is identified with the individual without such individual's written consent to such disclosure, except to the Department. b. In the case of a request by the Department for names and addresses of individuals participating in the program, the Contractor shall furnish such information as requested. Failure to comply with a request by the Department for such information shall be deemed a material breach of this Contract and shall result in a freeze on all monies due and owing to the Contractor until compliance by the Contractor. 12. Promotions and Advertisements a. It is the responsibility of the Contractor to provide publicity for the program and to have an identifying logo in equal sized lettering on any printed materials and on all brochures, flyers, and advertisements (including without limitation television graphics), and on program vehicles, as follows: 11 of 40 pages ARTICLE I Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 Funded by the New York State Office for the Aging and the Suffolk County Office for the Aging b. Any announcements of the program on radio or television must identify funding in the same manner. C. The provisions of this paragraph supersede the provisions of paragraph 20 of Article III. 13. Contributions a. The Contractor may not impose a means test of eligibility. No income or asset information may be used to determine eligibility for service notwithstanding any other provisions of this Contract. Any Suffolk resident sixty (60)years of age or older is eligible to receive this service. b. The Contractor has the obligation to inform each recipient of the service, of the opportunity to make a completely voluntary and anonymous contribution toward the cost of the service. Service may not be denied, however, if a person is unable or unwilling to make a contribution. An audit trail of all incoming contributions received must be reported monthly. All contributions are used to expand the service. The letter sent to each recipient annually informing him/her of these facts must include the sources of funding for the program and must include the following information: Contributions are welcomed and are used to expand this service. Contributions to this (these) service(s) are completely voluntary and anonymous. Service will not be denied if you are unable or unwilling to contribute. Any contribution you wish to make will be used to expand the program and will be greatly appreciated. C. Individuals with self-declared incomes at or above one hundred eighty-five percent (185%) of the federal poverty line will be encouraged to contribute at levels-based on the actual cost of services. 14. Participant Comments & Satisfaction Surveys Pursuant to the NYS Office for the Aging Regulations Section 6654.8,the Contractor shall develop and implement procedures to obtain the views of program participants about the services they receive. Copies of records of such views shall be maintained for at least seven(7)program years and shall be available to the Department for inspection upon request. Such method shall respect the client's right to confidentiality. In any event, at conclusion of the service, but not less often than annually,the Contractor shall send each recipient an evaluation letter and survey in the form approved by the Department. 12 of 40 pages ARTICLE I Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 15. Monitoring a. Financial Transactions The Department's staff and staff of the New York State Office for the Aging may examine or review evidence regarding the existence, timing and classification of financial transactions that are charged to the program for reimbursement. To obtain this evidence, such staff may examine documentary evidence; including financial statements, financial reports, and original records. Such staff may make physical verification by actually observing or counting certain assets (e.g., cash, equipment and supplies)to establish their physical existence. b. Program Subject to the limitations of client confidentiality, the contractor agrees to permit the Department's staff and staff of the New York Office for the Aging to review program records and to monitor training, supervision and services at any time. 16. Grievance Procedures In accordance with §306 (a) (10) of the Older Americans Act, as amended(OAA),the Department has established a process for resolving complaints from older persons who are dissatisfied with or denied services funded under Title III of the Act. The Contractor shall comply with the requirements of the Grievance Procedures as set forth in Article IA- Grievance Procedures. 17. Certificate of Incorporation The Contractor (if not a town or other municipal corporation) shall furnish the Department with certified copies of its Certificate of Incorporation and bylaws, including any amendments thereto, at the time it signs this Contract,to the extent not already on file with the Department, and any amendments thereto during the term of this Contract promptly upon their adoption, and a list of the board members governing the Contractor from time to time. The Contractor shall not dissolve any existing corporation or establish any new corporation with the responsibility for the operation of the program without the prior written approval of the Department. 18. Contract Agency Performance Measures and Reporting Requirements—Local Law No. 41-2013 a. If payment under this Contract may exceed $50,000, it is subject to the requirements of Suffolk County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of Chapter 189 of the Suffolk County Code)as set forth in Article IV of this Contract entitled"Suffolk County Legislative Requirements." b. The Contractor shall cooperate with the Department in all aspects necessary to carry out the requirements of Local Law No. 41-2013. 13 of 40 pages ARTICLE I Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 19. Reporting of Key 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 15th of each month of the Contract Term, as more specifically set forth in Article I/Section 9 to this Contract. There are no KPI's required under this contract. 14 of 40 pages ARTICLE I Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 Contractor's Proposal and Response for Targeting and Equal Access 15 of 40 pages ARTICLE I JACQUEILINE MARTINEZ Nutrition Program Senior Citizens Program ®� ��® Home Delivered Meals Director Case Management Town of Southold Essential Transportation P.O.Box 85 ® Shopping Assistance 750 Pacific Street Program Mattituck,NY 11952 S Senior Adult Day Tel.(631)298-4460 �� ��� Care/Katinka House Fax(631)298-4462 g Alzheimer's Day Care Residential Repair Town of Southold CSE Shopping Assistance Program Program Narrative 1/1/25-12/31/25 Program Narrative: Southold Town's Shopping Assistance Program is a shopping program for seniors who are unable to independently shop for groceries and/or medications for themselves. It is available for those seniors who are essentially homebound,with mobility issues and no informal or formal supports in place to meet their shopping needs. The current 3 options for Southold Town's Shopping Assistance Program are as follows: 1. Direct escort assistance with shopping. Seniors are transported to and from the market/pharmacy and assisted with shopping and transporting their groceries. 2. Direct assistance with online ordering of groceries and other essentials. In-home appointments are scheduled for Program staff to help seniors place their digital order on a Galaxy S8 5G Tablet. Seniors use their credit card when placing orders and pick up or delivery plans are coordinated with program staff. Orders are picked up,verified and delivered by one of our drivers. The delivery date and time of delivery orders are coordinated and verified with seniors. Duplicate copies of orders will be maintained in the client's confidential file with all credit card information redacted. 3. Program staff provide remote shopping assistance to seniors from the Senior Center. Telephone appointments will be scheduled and orders are placed online on behalf of the senior on a Galaxy S8 5G Tablet. Delivery or pick up will be coordinated with program staff and the senior will be assisted as needed with receiving and reviewing their order for accuracy. Seniors will provide their credit card information to complete their order and no credit card information will be kept on file. For the 1/1/25 -12/31/25 program year, our goal is to provide 500 units of service to 40 unduplicated seniors. An envelope will be provided to allow seniors to make a voluntary and anonymous contribution. Our suggested contribution will remain at$5.00 and no senior will be denied service due to inability or unwillingness to pay. For the l/l/24 -12/31/24 program year, Southold Town Senior Services provided 250 units of service to 13 unduplicated seniors. While these totals fell below our projected goal for the 2024 program year,they do reflect an increase in both clients and units from previous years. Identifying and prioritizing seniors who would benefit most from this service is accomplished initially by using the existing COMPASS Assessment Tool. Clients enrolled in our home delivered meal program receive a comprehensive assessment to determine program eligibility. The assessment includes several key components that may serve as indicators there is an unmet need. These sections address the client's status in the following areas: 1. Living Arrangements(frail/live alone). 2. Technology(barriers to using a computer to meet needs and access services). 3. Health Status(chronic illness and/or disability). 4. Nutrition(BMI and NSI tools to identify nutrition problems including physical inability to shop for food). 5. Medication (inability to physically obtain medications). 6. IADLS History(reviews current activity status and notes if needs are met by informal or formal supports or remain unmet. Specifically addresses shopping and transportation ' 7. ADLs History(addresses specific mobility limitations). 8. Services Receiving(lists provider information on current services utilized, including assisted transportation and shopping). Seniors are prioritized by greatest need and contacted by our HDM Assessor to see if there is an interest in enrolling in the Shopping Assistance Program.Follow up contact will be completed by program staff who will review service parameters with the senior and determine what shopping assistance option is the best fit to meet the needs of the individual. Equal Access to Services and Targeting Plano The population of aged 60+residents in Southold Town is approximately 32.23%according to 2010 census data. Targeting and expanded outreach efforts will continue to be a major priority for the upcoming year. In following guidelines set forth under the Older Americans Act, Southold Town Senior Services continues our commitment to our goal of providing transportation services to underserved and/or minority elderly residents. According to the 2010 U.S. Census, 3.47%of the elderly residents in Southold Town are minority. Our percentage of minority seniors served was 7.2% which was above our targeting goal of 3.47%. Southold Town Senior Services will ensure access to the Shopping Assistance Program with an emphasis on improving access to the four target groups which have the greatest economic and social needs. These groups include minorities, low income, frail and vulnerable persons aged 60 and older. Targeted groups for improved service will also include those with Limited English Proficiency (LEP), lesbian, gay,bisexual, and transgender(LGBT) older adults. Ensuring equal access to language services for all is a high priority and is achieved through a contract that has been established with Geneva Worldwide Language Translation Services. Staff is aware of and trained in the timely and appropriate use of these languages' services. As a contractor with SCOFA,we will fully comply with requirements of both the Equal Access to Services and Targeting Policy (12-PI 08) and the Telephonic Interpretation Policy (12-IM-03)to meet our goal of increasing access to the most vulnerable elderly, particularly those with limited English proficiency. Staff will ensure that those with limited English proficiency (LEP)are informed at the time of service of the availability of free language interpretation assistance orally and in writing by providing written notice in languages the LEP person will understand at time of service. In addition, signs are posted at the entrance of our senior center that highlight the free service available to all seniors participating in any senior citizen program. We also provide information on the Town's website informing Southold residents, community service organizations and local churches about the available language assistance.Access will also be provided via the Southold Town Justice Court's comprehensive list of court interpreters available pursuant to section 387 of the Judiciary Law. The Shopping Assistance Program continues to expand community outreach efforts to increase visibility through existing print outreach, i.e.,brochures, newspapers, senior center menus and activity calendars. In addition, Shopping Assistance Program brochures have been distributed to all seniors receiving Home Delivered Meals. The website for Town of Southold www.southoldtownny_gov is a great resource and all activities,program announcements and updates are posted weekly. Important links for programs and services and related forms can be easily accessed. The program is also featured in Stony Brook Eastern Long Island Hospital's Senior Options and Solutions Program newsletter which is distributed throughout the town. Southold Town Senior Services is partnered with Family Service League of Suffolk County NNORC Program. The goal of the NNORC, LI Sound Senior Care, is to improve the quality of life for geographically isolated seniors in Greenport West and Greenport Village. Our partnership will allow for greater collaboration and direct access to the low-income minority elderly in this geographic area and serve as a valuable resource for seniors who may benefit from the shopping assistance program. In 2011,we initiated a working relationship with the SAGE organization to increase a shared awareness of available activities and services to the LGBT community and we continue to provide our senior community with their current information and outreach events. In 2015, Southold Senior Services began our partnership with the Nassau-Suffolk Hospital Council and became a host site for the Consumer Assistance for the Aged, Certified Blind and Certified Disabled Program. An Application Assistance Navigator is on site one day monthly to help qualified individuals apply for health insurance coverage specific to their needs. In addition, seniors with disabilities will continue to be provided referral and/or access to various services by Southold Town and ABD staff. These services include answering ADA compliance questions/complaints and assistance in applying for SCAT or other medical transportation services.The Shopping Assistance Program was added to this list of specialized services for the frail and disabled seniors. Additional Outreach Efforts Include: • Program highlighted in the Town-wide newsletter and quarterly recreation bulletin that is mailed to all households,brochures distributed in town to pharmacies,medical offices, physical therapy offices and libraries. • Featured in the Suffolk Times in articles, columns and editorials. • Referrals from Caseworkers for the homebound meals-on-wheels participants • Information provided to local service agencies, community health care providers and hospitals. • Word of mouth from satisfied seniors. • Church Bulletins. • Continue to be featured on Southold Town Government Cablevision Channel 22. • Announcements at the local senior meetings and monthly caregivers' group. • In contract with WLNG Radio to provide frequent and regular PSAs on senior programs offered. • Outreach efforts will include staffed informational tables at hamlet post offices and grocery stores to reach more.seniors. , • Continue to work with Southold Police Department in identifying and referring isolated, frail and vulnerable seniors at risk to our services. • Community speaking engagements to local civic groups, churches and community organizations. • Co-location of NNORC Program at the Senior Center's Community Outreach Office. • Letter detailing the Shopping Assistance Program and the brochure sent to all seniors receiving Home Delivered Meals. The Shopping Assistance Program is an important addition to the many senior programs and services we offer in Southold Town. Our ongoing partnership with Suffolk County Office for the Aging allows us to further our shared mission to assist seniors to be as independent as possible and remain at home and in their community. Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 Article IA Grievance Procedures I. Purpose A. In accordance with § 306(a)(10) of the Older Americans Act, as amended (OAA), Suffolk County Office for the Aging has established the following process for resolving the complaints from older persons who are dissatisfied with or denied services. II. Notifying Participants of Right to File Grievance A. The Contractor shall notify participants and applicants of their right to file a grievance, as follows: 1) A summary of the procedures, including a statement that assistance to file shall be provided to older persons, must be prominently posted at service delivery sites or offices at which participants and service applicants apply for services. Summaries shall also be written in languages other than English where needed to serve the client/applicant population. 2) In-home services participants shall be informed of the grievance procedures through written and verbal statements provided to them upon assessment and/or reassessment for services. B. Denial of Service. Any participant or applicant who is denied services must be given the reasons for the denial. For housekeeping, homemaker, home delivered meals, case management, and other services for which written applications are made, the denial shall be confirmed in writing and the applicant informed of the right to file a grievance and of the individual to whom the grievance shall be addressed. For congregate meals,transportation, recreation, and other services which are applied for by telephone or verbally in person,the client may be told of the right to file a grievance verbally. III. Grievance Process A. Filing of Grievance 1) Participants must submit their grievances in writing to the person(s)that has been designated by a service provider to conduct the initial review. The reviewer may be the director of the service provider agency, or any other person designated by such director who is not familiar with or otherwise involved in the particular grievance. 16 of 40 pages ARTICLE IA Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 2) The grievance should be filled within thirty (30) days of denial, reduction, or termination of services, or of the event or circumstance with which the participant is dissatisfied. -The service provider may grant an extension for good cause shown. 3) The grievance should be filed on the enclosed form, which shall include a written statement setting forth in detail the date, time, and circumstances that are the basis of the complaint. B. Investigation and Response to Grievance 1) The designated reviewer who performs the initial review shall investigate the grievance. If appropriate, this may include 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 filled. The response shall set forth the circumstances relating to the grievance, the action requested by the grievant, the findings of the reviewer, a proposed remedial action, if any, and an explanation of the determination, including the facts relied upon. A copy of its decision must be forwarded to the Director of the Suffolk County Office for the Aging. 3) The designated reviewer shall create and maintain a Complaint File consisting of the grievance form, all documents and /or information relied upon in making a determination, and the written response described above. C. Appeal of Initial Response/Decision. If the complaint has been handled by a service provider agency under subcontract to the Suffolk County Office for the Aging and the grievant is not satisfied with the determination reached by such service provider,the grievant has the right to further review as follows: 1) The grievant may initiate a request for subsequent review by the Suffolk County Office for the Aging Director, P.O. Box 6100, Hauppauge, New York 11788-0099 within twenty (20) calendar days following receipt of notification by the service provider agency of its decision. 2) The Suffolk County Office for the Aging Director shall request, and the subcontractor agency shall provide, copies of the Complaint File. The Suffolk County Office for the Aging Director will review the materials to ensure that pertinent policies and procedures have been applied and followed. If appropriate, the Suffolk County Office for the Aging Director or his/her designee will meet with the grievant to allow for an opportunity to present information about the grievance. 17 of 40 pages ARTICLE I e � Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 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 parry; the written Initial Response of the agency; and, if applicable, the notice to the grievant of the right to appeal. V. Confidentiality No information, documents, or records relating to a grievance shall be disclosed by program staff or volunteers in a form capable of identifying the grievant without the written informed consent of the grievant unless the disclosure is required by court order or program monitoring by authorized agencies. 18 of 40 pages ARTICLE I Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 COMPLAINT LETTER FORM Service Provider Letterhead Instructions Please complete both sides of this form. If assistance is needed in completing this form, you may contact (Name and phone). Completed forms should be sent to: Service Provider contact person and address This form must be filed within (30) calendar days of the event or action complained of unless you are granted an extension for good cause. I am requesting a review of the following grievance: ❑ I was denied service. ❑ I am not satisfied with the quality of service or an activity provided by your agency or by your service provider. ❑ I have the following grievance (briefly describe): Date/estimated date of the event or action complained of: Please describe in details what happened or what your grievance is (if you need extra space, use back side of this form): 19 of 40 pages ARTICLE I Rev. 1/10/2025; FFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 Please state, if you know, what relief you are seeking: Signed: Name (print): Date: Address: Phone Number: End of Article 1A End of Text for Article I 20 of 40 pages ARTICLE I Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 Article II Federal,State or local law,rule,:or regulation,and Definitions County policies or directives;or I. Meanings of Terms e. the Contractor's bankruptcy or insolvency;or As used herein: f. the Contractor's failure to cooperate in an Audit of Financial Statements;or "Audit of Financial Statements"means the examination by the Comptroller and any Federal or State auditing authority of g• the Contractor's falsification of records or reports, the financial statements of the Contractor resulting in the misuse of funds,or malfeasance or nonfeasance in publication of an independent opinion on whether or not those financial record keeping arising out of, or in financial statements are relevant,accurate,complete,and fairly connection with,any contract with the County;or presented. h. the Contractor's failure to submit, or failure to "Budget"means the Contractor's summary or plan of all timely submit,documentation to obtain Federal or intended revenue,whether received in the form of fees,grants,County State funds;or funding,or any other source,and expenditures necessary to render the Services. i. the inability of the County or the Contractor to obtain Federal or State funds due to any act or "Budget Deficiency Plan" means an analysis of the cost of the omission of the Contractor;or Services,changes in fiscal conditions,and required modifications to the Contract to continue to render the Services. J. any condition that the County determines, in its sole discretion,is dangerous. "Comptroller"means the Comptroller of the County of Suffolk. k. the failure to comply with Local Law 41-2013 and "Contract"means all terms and conditions of this Contract forming all related contractual requirements. rights and obligations of the Contractor and the County. "Federal"means the United States government,its departments, and "Contractor"means the signatory corporation, its officers, officials, agencies. employees, agents, servants, sub-contractors, volunteers, and any successor or assign of any one or more of the foregoing performing the "Fringe Benefits"means non-wage benefits which accompany,or are Services. in addition to, a person's salary, such as paid insurance, sick leave, profit-sharing plans,paid holidays,and vacations. "County"means the County of Suffolk,its departments,and agencies. "Fund Source" means any direct or indirect sum payable to the "County Attorney" means the County Attorney of the County of Contractor by the County pursuant to any lawful obligation. Suffolk. "Legislature"means the Legislature of the County of Suffolk. "Department"means the signatory department approving the Contract. "Management Letter" means a letter certified as true by the "Engineering Services" means the definition of the practice of Contractor's certified public accountant or chief financial officer of engineering and the definition of practice of land surveying,as the case findings and recommendations for improvements in internal fiscal may be,under Section 7201 and Section 7203 of the State Education control that were identified during an Audit of Financial Statements,but Law,respectively. which were not required to be included in an audit report. "Event of Default"means "Municipal Corporation"means a town,village,or school district. a. the Contractor's failure to perform any duty "Services"means all that which the Contractor must do,and any part required of it under paragraphs 1(b)-(e)of Article thereof arising out of,or in connection with,the Contract as described in III of the Contract;or Article I"Description of Services." b. the Contractor's failure to maintain the amount and "State"means the State of New York. types of insurance with an authorized insurer as required by the Contract;or "Statement of Other Contracts" means a complete list of all other contracts under which money has been or will be paid to the Contractor C. the Contractor's failure to maintain insurance from the County, Federal, or State governments, or a Municipal required by the Contract with an insurer that has Corporation, and (i) which are currently in effect or (ii) which have designated the New York Superintendent of expired within the past twelve(12)months and have not been renewed. Insurance as its lawful agent for service of process; or "Suffolk County Payment Voucher"means the document authorized d. the Contractor's failure to comply with any and required by the Comptroller for release of payment. 21 of 40 pages ARTICLE II r Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 "Term"means the time period set forth on page one of the Contract and,if exercised by the County,the option period. 2. Elements of Interpretation Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms, associations, partnerships(including limited partnerships),trusts,corporations,and other legal entities,including public bodies,as well as natural persons, and shall include successors and assigns. Capitalized terms used,but not otherwise defined,herein,shall have the meanings assigned to them in the Contract. End of Text for Article H 22 of 40 pages ARTICLE II Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 Article III Contractor's ability to render the Services, every General Terms and Conditions other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted 1. Contractor Responsibilities by law. a. Duties and Obligations d. Documentation of Professional Standards i.) It shall be the duty of the Contractor to The Contractor shall maintain on file, in one location in discharge, or cause to be discharged, all of its Suffolk County, all records that demonstrate that it has responsibilities,and to administer funds received in complied with sub-paragraphs(b)and(c)above. The address the interest of the County in accordance with the of the location of the aforesaid records and documents shall provisions of the Contract. be provided to the County no later than the date of execution of the Contract. Such documentation shall be kept, ii.) The Contractor shall promptly take all maintained,and available for inspection by the County upon action as may be necessary to render the Services. twenty-four(24)hours notice. iii.) The Contractor shall not take any action e. Credentialing that is inconsistent with the provisions of the Contract. i.) In the event that the Department,or any division thereof,maintains a credentialing process iv.) Services provided under this Contract to qualify the Contractor to render the Services,the shall be open to all residents of the County. Contractor shall complete the required credentialing process. In the event that any State b. Qualifications, Licenses, and Professional credential, registration, certification or license, Standards Drug Enforcement Agency registration, or Medicare or Medicaid certification is restricted, The Contractor represents and warrants that it has,and shall suspended,or temporarily or permanently revoked, continuously possess,during the Term,the required licensing, it is the duty of the Contractor to contact the education,knowledge,experience,and character necessary to Department, or division thereof, as the case may qualify it to render the Services. be,in writing,no later than three(3)days after such restriction,suspension,or revocation. The Contractor shall continuously have during the Term all required authorizations, certificates, certifications, ii.) The Contractor shall forward to the registrations,licenses,permits,and other approvals required Department, or division thereof, as the case may by Federal, State, County, or local authorities necessary to be, on or before July 1 of each year during the qualify it to render the Services. Term,a complete list of the names and addresses of all persons providing the Services,as well as their C. Notifications respective areas of certification, credentialing, registration,and licensing. i.) The Contractor shall immediately notify the County, in writing, of any disciplinary f. Engineering Certificate proceedings, commenced or pending, with any authority relating to a license held by any person In the event that the Contract requires any Engineering necessary to qualify him,her,or the Contractor to Services,the Contractor shall submit to the County,no later perform the Services. than the due date for submission for approval of any engineering work product, the Certificate of Authorization ii.) In the event that a person is no longer ("Certificate"), issued pursuant to §7210 of the New York licensed to perform the Services, the Contractor Education Law,of every person performing any Engineering must immediately notify the County, but in no Services. The failure to file, submit, or maintain the event shall such notification be later than five(5) Certificate shall be grounds for rejection of any engineering days after a license holder has lost the license work product submitted for approval. required to qualify the license holder or the Contractor to perform the Services. 2. Termination iii.) In the event that the Contractor is not a. Thirty Days Termination able to perform the Services due to a loss of license,the Contractor shall not be reimbursed for The County shall have the right to terminate the Contract the Services rendered after the effective date of without cause,for any reason, at any time,upon such terms termination of such license. Without limiting the and conditions it deems appropriate,provided,however,that generality of the foregoing, if any part of the no such termination shall be effective unless the Contractor is Contract remains to be performed, and the given at least thirty(30)days notice. termination of the license does not affect the 23 of 40 pages ARTICLE III e Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 b. Event of Default;Termination on Notice penalties, actions, damages, claims, demands, judgments, losses,suits or actions,costs,and expenses arising out of any i.) The County may immediately terminate claim asserted for infringement of copyright, including the Contract, for cause, upon such terms and reimbursement of the cost of reasonable attorneys' fees conditions it deems appropriate, in the Event of incurred by the County, its agents, servants, officials, and Default as defined in Article 11. employees in any action or proceeding arising out of or in connection with any claim asserted for infringement of ii.) If the Contractor defaults under any other copyright. provision of the Contract, the County may terminate the Contract, on not less than five (5) c. The Contractor shall defend the County,its agents, days notice, upon such terms and conditions it servants, officials, and employees in any proceeding or deems appropriate. action, including appeals, arising out of, or in connection with, the Contract, and any copyright infringement c. Termination Notice proceeding or action.Alternatively, at the County's option, the County may defend any such proceeding or action and Any notice providing for termination shall be delivered as require the Contractor to pay reasonable attorneys' fees or provided for in paragraph 27 of this Article III. salary costs of County employees of the Department of Law for the defense of any such suit. d. Duties upon Termination 4. Insurance i.) The Contractor shall discontinue the Services as directed in the termination notice. a. The Contractor shall continuously maintain,during the Term of the Contract,insurance in amounts and types as ii.) Subject to any defenses available to it, follows: the County shall pay the Contractor for the Services rendered through the date of termination. i.) Commercial General Liability insurance, iii.) The County is released from any and all including contractual liability coverage, in an liability under the Contract,effective as of the date amount not less than Two Million Dollars of the termination notice. ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per iv.) Upon termination, the Contractor shall occurrence for property damage. The County shall reimburse the County the balance of any funds be named an additional insured. advanced to the Contractor by the County no later than thirty (30) days after termination of the ii.) Automobile Liability insurance (if any Contract. The provisions of this subparagraph shall non-owned or owned vehicles are used by the survive the expiration or termination of the Contractor in the performance of the Contract)in Contract. an amount not less than Five Hundred Thousand Dollars($500,000.00)per person,per accident,for V.) Nothing contained in this paragraph shall bodily injury and not less than One Hundred be construed as a limitation on the County's rights Thousand Dollars ($100,000.00) for property set forth in paragraphs 1(c) (iii) and 8 of this damage per occurrence.The County shall be named Article III. an additional insured. 3. Indemnification and Defense iii.) Workers'Compensation and Employer's Liability insurance,Disability Benefits insurance, a. The Contractor shall protect,indemnify,and hold including coverage for Paid Family Leave Benefits harmless the County, its agents, servants, officials, and in compliance with all applicable New York State employees from and against all liabilities, fines, penalties, laws and regulations and Disability Benefits actions,damages, claims,demands,judgments,losses,suits insurance,if required by law. The Contractor shall or actions, costs, and expenses caused by the negligence or furnish to the County,prior to its execution of the any acts or omissions of the Contractor, including Contract,the documentation required by the State reimbursement of the cost of reasonable attorneys' fees of New York Workers' Compensation Board of incurred by the County, its agents, servants, officials, and coverage or exemption from coverage pursuant to employees in any action or proceeding arising out of, or in §§57 and 220 of the Workers'Compensation Law. connection with,the Contract. In accordance with General Municipal Law§108, the Contract shall be void and of no effect unless b. The Contractor hereby represents and warrants that the Contractor shall provide and maintain coverage it will not infringe upon any copyright in performing the during the Term for the benefit of such employees Services. The Contractor agrees that it shall protect, as are required to be covered by the provisions of indemnify,and hold harmless the County,its agents,servants, the Workers' Compensation Law. officials,and employees from and against all liabilities,fines, 24 of 40 pages ARTICLE III Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 iv.) Professional Liability insurance in an circumstance, shall be held invalid or unenforceable to any amount not less than Two Million Dollars extent, the remainder of the Contract, or the application of ($2,000,000.00) on either a per-occurrence or such term or provision to persons or circumstances other than claims-made coverage basis. those as to which it is held invalid or unenforceable,shall not be affected thereby,and every other term and provision ofthe b. The County may mandate an increase in the liability Contract shall be valid and shall be enforced to the fullest limits set forth in the immediately preceding paragraphs extent permitted by law. (4)(a)(i), (ii), and (iv) or require other types of insurance coverage or policies. 7. Merger;No Oral Changes C. All policies providing such coverage shall be issued It is expressly agreed that the Contract represents the entire by insurance companies authorized to do business in New agreement of the parties and that all previous understandings York with an A.M.Best rating of A-or better. are herein merged in the Contract. No modification of the Contract shall be valid unless in written form and executed by d. The Contractor shall furnish to the County,prior to both parties. the execution of the Contract, declaration pages for each policy of insurance, other than a policy for commercial S. Set-Off Rights general liability insurance, and upon demand, a true and certified original copy of each such policy evidencing The County shall have all of its common law,equitable,and compliance with the aforesaid insurance requirements. statutory rights of set-off. These rights shall include,but not be limited to,the County's option to withhold from a Fund e. In the case of commercial general liability Source an amount no greater than any sum due and owing to insurance,the Contractor shall furnish to the County,prior to the County for any reason. The County shall exercise its set- the execution of the Contract,a declaration page or insuring off rights subject to approval by the County Attorney. In agreement and endorsement page evidencing the County's cases of set-off pursuant to a Comptroller's audit,the County status as an additional insured on said policy, and upon shall only exercise such right after the finalization thereof, demand, a true and certified original copy of such policy and only after consultation with the County Attorney. evidencing compliance with the aforesaid insurance requirements. 9. Non-Discrimination in Services and Employment f. All evidence of insurance shall provide for the a. The Contractor shall not, on the grounds of race, County to be notified in writing thirty(30)days prior to any creed, color, national origin, sex, age, disability, sexual cancellation,nonrenewal,or material change in the policy to orientation,military status,or marital status which such evidence relates. It shall be the duty of the Contractor to notify the County immediately of any i.) deny any individual the Services cancellation,nonrenewal,or material change in any insurance provided pursuant to the Contract;or policy. ii.) provide the Services to an individual that is different, or provided in a different g. In the event the Contractor shall fail to provide manner, from those provided to others evidence of insurance,the County may provide the insurance pursuant to the Contract;or required in such manner as the County deems appropriate and iii.) subject an individual to segregation or deduct the cost thereof from a Fund Source. separate treatment in any matter related to the individual's receipt of the Services h. If the Contractor is a Municipal Corporation and provided pursuant to the Contract;or has a self-insurance program under which it acts as a self- iv.) restrict an individual in any way from insurer for any of such required coverage,the Contractor shall any advantage or privilege enjoyed by provide proof, acceptable to the County, of self-funded others receiving the Services provided coverage. pursuant to the Contract;or V.) treat an individual differently from 5. Independent Contractor others in determining whether or not the individual satisfies any eligibility or The Contractor is not, and shall never be, considered an other requirements or conditions which employee of the County for any purpose. Notwithstanding individuals must meet in order to receive anything contained in this Contract,the Contract shall not be the Services provided pursuant to the construed as creating a principal-agent relationship between Contract;or the County and the Contractor or the Contractor and the vi.) discriminate against employees or County,as the case may be. applicants for employment. 6. Severability b. The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting It is expressly agreed that if any term or provision of this individuals to discrimination because of their race, creed, Contract, or the application thereof to any person or color,national origin,sex,age,disability,sexual orientation, 25 of 40 pages ARTICLE III Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 military status, or marital status, or have the effect of connection with,the Contract. substantially impairing the Contract with respect to individuals of a particular race,creed,color,national origin, 15. Confidentiality sex, age, disability, sexual orientation, military status, or marital status,in determining: Any document of the County,or any document created by the Contractor and used in rendering the Services, shall remain i.) the Services to be provided;or the property of the County and shall be kept confidential in accordance with applicable laws,rules,and regulations. ii.) the class of individuals to whom,or the situations in which,the Services will be 16. Assignment and Subcontracting provided;or a. The Contractor shall not delegate its duties under iii.) the class of individuals to be afforded an the Contract,or assign,transfer,convey,subcontract,sublet, opportunity to receive the Services. or otherwise dispose of the Contract,or any of its right,title or interest therein, or its power to execute the Contract, or 10. Nonsectarian Declaration assign all or any portion of the moneys that may be due or become due hereunder, (collectively referred to in this The Services performed under the Contract are secular in paragraph 16 as"Assignment"),to any other person,entity or nature. No funds received pursuant to the Contract shall be thing withoutthe prior written consent of the County,and any used for sectarian purposes or to further the advancement of attempt to do any of the foregoing without such consent shall any religion. The Services will be available to all eligible be void ab initio. individuals regardless of religious belief or affiliation. b. Such Assignment shall be subject to all of the 11. Governing Law provisions of the Contract and to any other condition the County requires. No approval of any Assignment shall be The Contract shall be governed by, and construed in construed as enlarging any obligation of County under the accordance with,the laws of the State of New York,without terms and provisions of the Contract. No Assignment of the regard to conflict of laws.Venue shall be designated in the Contract or assumption by any person of any duty of the Supreme Court, Suffolk County, the United States District Contractor under the Contract shall provide for,or otherwise Court for the Eastern District of New York,or,if appropriate, be construed as,releasing the Contractor from any term or a court of inferior jurisdiction in Suffolk County. provision of the Contract. 12. No Waiver 17. Changes to Contractor It shall not be construed that any failure or forbearance of the a. The Contractor may,from time to time,only with County to enforce any provision of the Contract in any the County's written consent,enter into aPermitted Transfer. particular instance or instances is a waiver of that provision. For purposes of the Contract,a Permitted Transfer means: Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. i.) if the Contractor is a partnership, the withdrawal or change, whether 13. Conflicts of Interest voluntary,involuntary or by operation of law, of the partners, or transfer of The Contractor shall not,during the Term,pursue a course of partnership interests (other than the conduct which would cause a reasonable person to believe purchase of partnership interests by that he or she is likely to be engaged in acts that create a existing partners,by the partnership itself substantial conflict between its obligations under the Contract or the immediate family members by and its private interests. The Contractor is charged with the reason of gift, sale or devise), or the duty to disclose to the County the existence of any such dissolution of the partnership without adverse interests, whether existing or potential. This duty immediate reconstitution thereof,and shall continue as long as the Term.The determination as to whether or when a conflict may potentially exist shall ii.) if the Contractor is a closely held ultimately be made by the County Attorney after full corporation (i.e. whose stock is .not disclosure is obtained. publicly held and not traded through an exchange or over the counter): 14. Cooperation on Claims 1. the dissolution, merger, The Contractor and the County shall render diligently to each consolidation or other other, without compensation, any and all cooperation that reorganization of the may be required to defend the other party,its employees and Contractor;and designated representatives, against any claim, demand or action that may be brought against the other parry, its 2. the sale or other transfer of employees or designated representatives arising out of,or in twenty percent(20%)or more 26 of 40 pages ARTICLE III s Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 of the shares of the Contractor waived or modified;and (other than to existing shareholders, the corporation ii.) such consent shall not be deemed itself or the immediate family consent to any further transfers. members of shareholders by reason of gift,sale or devise). 18. No Intended Third Party Beneficiaries b. If the Contractor is a not-for-profit corporation, a The Contract is entered into solely for the benefit of the change of twenty percent (20%) or more of its shares or County and the Contractor. No third party shall be deemed a members shall be deemed a Permitted Transfer. beneficiary of the Contract and no third party shall have the right to make any claim or assert any right under the Contract. C. The Contractor shall notify the County in writing, which notice(the"Transfer Notice")shall include: 19. Certification as to Relationships i.) the proposed effective date of the The Contractor certifies under penalties of perjury that to the Permitted Transfer, which shall not be best of its knowledge,other than through the funds provided less than thirty(30)days nor more than in the Contract and other valid agreements with the County, one hundred eighty(180)days after the there is no known spouse,life partner,business,commercial, date of delivery of the Transfer Notice; economic, or financial relationship with the County or its elected officials. The Contractor also certifies to the best of a summary of the material terms of the its knowledge that there is no relationship within the third proposed Permitted Transfer; degree of consanguinity,between the Contractor,any of its partners, members, directors, or shareholders owning five iii.) the name and address of the proposed (5%)percent or more of the Contractor,and the County. The transferee; foregoing certification shall not apply to a contractor that is a municipal corporation or a government entity. iv.) such information reasonably required by the County, which will enable the 20. Publications County to determine the financial responsibility, character, and reputation Any book, article,report,or other publication related to the of the proposed transferee,nature of the Services provided pursuant to this Contract shall contain the proposed assignee/transferee's business following statement in clear and legible print: and experience; "This publication is fully or partially funded V.) all executed forms required pursuant to by the County of Suffolk." Article IV of the Contract, that are required to be submitted by the 21. Copyrights and Patents Contractor;and a. Copyrights vi.) such other information as the County may reasonably require. Any and all materials generated by or on behalf of the Contractor while performing the Services(including,without d. The County agrees that any request for its consent limitation,designs,images,video,reports,analyses,manuals, to a Permitted Transfer shall be granted, provided that the films,tests,tutorials,and any other work product of any kind) transfer does not violate any provision of the Contract, and and all intellectual property rights relating thereto ("Work the transferee has not been convicted of a criminal offense as Product") are and shall be the sole property of the County. described under Article II of Chapter 189 of the Suffolk The Contractor hereby assigns to the County its entire right, County Code. The County shall grant or deny its consent to title and interest,if any,to all Work Product,and agrees to do any request of a Permitted Transfer within twenty(20)days all acts and execute all documents,and to use its best efforts after delivery to the County of the Transfer Notice, in to ensure that its employees, consultants, subcontractors, accordance with the provisions of Paragraph 27 of Article III vendors and agents do all acts and execute any documents, of the Contract. If the County shall not give written notice to necessary to vest ownership in the County of any and all the Contractor denying its consent to such Permitted Transfer Work Product. The Contractor may not secure copyright (and setting forth the basis for such denial in reasonable protection. The County reserves to itself,and the Contractor detail)within such twenty(20)-day period,then the County hereby gives to the County, and to any other person shall be deemed to have granted its consent to such Permitted designated by the County, consent to produce, reproduce, Transfer. publish,translate,display or otherwise use the Work Product. This paragraph shall survive any completion, expiration or e. Notwithstanding the County's consent, termination of this Contract. i.) the terms and conditions of the Contract The County shall be deemed to be the author of all the Work shall in no way be deemed to have been Product. The Contractor acknowledges that all Work Product 27 of 40 pages ARTICLE III Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 shall constitute "work made for hire" under the U.S. $100,000) as required by Federal regulations, and shall copyright laws. To the extent that any Work Product does not promptly advise the County of any material change in any of constitute a "work made for hire," the Contractor hereby the information reported on such Certification, and shall assigns to the County all right,title and interest,including the otherwise comply with, and shall assist the County in right, title and interest to reproduce, edit, adapt, modify or complying with, said regulations as now in effect or as otherwise use the Work Product,that the Contractor may have amended during the term of this Contract. or may hereafter acquire in the Work Product,including all intellectual property rights therein,in any manner or medium 25. Record Retention throughout the world in perpetuity without compensation. This includes,but is not limited to,the right to reproduce and The Contractor shall retain all accounts,books,records,and distribute the Work Product in electronic or optical media,or other documents relevant to the Contract for seven(7)years in CD-ROM,on-line or similar format. after final payment is made by the County. Federal, State, and/or County auditors and any persons duly authorized by b. Patents the County shall have full access and the right to examine any of said materials during said period. Such access is granted If the Contractor develops, invents, designs or creates any notwithstanding any exemption from disclosure that may be idea, concept, code, processes or other work or materials claimed for those records which are subject to nondisclosure during the Term, or as a result of any Services performed agreements, trade secrets and commercial information or under the Contract("patent eligible subject matter"),it shall financial information that is privileged or confidential be the sole property of the County. The Contractor hereby Without limiting the generality of the foregoing, records assigns to the County its entire right,title and interest,if any, directly related to contract expenditures shall be kept for a to all patent eligible subject matter,and agrees to do all acts period of ten(10)years because the statute of limitations for and execute all documents,and to use its best efforts to ensure the New York False Claims Act(New York False Claims Act that its employees,consultants,subcontractors,vendors and § 192)is ten(10)years. agents do all acts and execute any documents,necessary to vest ownership in the County of any and all patent eligible 26. Contract Agency Performance Measures and Reporting subject matter. The Contractor may not apply for or secure Requirements—Local Law No.41-2013 for itself patent protection. The County reserves to itself,and the Contractor hereby gives to the County,and to any other a. If payment under this Contract may exceed person designated by the County, consent to produce or $50,000,it is subject to the requirements of Suffolk County otherwise use any item so discovered and/or the right to Local Law No. 41-2013, a Local Law to Implement secure a patent for the discovery or invention. This paragraph Performance Measurement to Increase Accountability and shall survive any completion,expiration or termination of this Enhance Service Delivery by Contract Agencies(Article VIII Contract. of Chapter 189 of the Suffolk County Code) as set forth in Article IV entitled "Suffolk County Legislative 22. Arrears to County Requirements." Contractor warrants that, except as may otherwise be b. The Contractor shall cooperate with the Department authorized by agreement, it is not in arrears to the County in all aspects necessary to help carry out the requirements of upon any debt,contract,or any other lawful obligation,and is the Law. Based on criteria established by the Contractor in not in default to the County as surety. conjunction with the Department,the Contractor shall submit 23. Lawful Hiring of Employees Law in Connection with monthly reports regarding the Contractor's performance Contracts for Construction or Future Construction relative to the established criteria, on dates and times as specified by the Department,as more fully set forth in Article In the event that the Contract is subject to the Lawful Hiring I and Article N of this Contract. of Employees Law of the County of Suffolk,Suffolk County Code Article II of Chapter 353,as more fully set forth in the C. The Contractor shall submit an annual report to the Article entitled"Suffolk County Legislative Requirements," Department regarding the Contractor's performance no later the Contractor shall maintain the documentation mandated to than July 31 of each year of the Term.All performance data be kept by this law on the construction site at all times. and reports will be subject to audit by the Comptroller. Employee sign-in sheets and register/log books shall be kept on the construction site at all times and all covered 27. Notice employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their Unless otherwise expressly provided,all notices shall be in presence on the construction site during such working hours. writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally 24. Certification Regarding Lobbying delivered during business hours as follows: 1.) to the Contractor at the address on page 1 of the Contract and 2.)to Together with this Contract and as a condition precedent to its the County at the Department,or as to either of the foregoing, execution by the County,the Contractor shall have executed to such other address as the addressee shall have indicated by and delivered to the County the Certification Regarding prior written notice to the addressor. All notices received by Lobbying (if payment under this Contract may exceed the Contractor relating to a legal claim shall be immediately 28 of 40 pages ARTICLE III f Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 sent to the Department and also to the County Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O.Box 6100,*(Sixth Floor),Hauppauge,New York,11788- 0099. 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 29 of 40 pages ARTICLE III I Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 Required Forms: Article IV Suffolk County Living Wage Form DOL-LW 1/38(Revised Suffolk County Legislative Requirements 1/2025)entitled"SUFFOLK COUNTY DEPARTMENT OF LABOR,LICENSING&CONSUMER AFFAIRS—NOTICE NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE OF APPLICATION FOR COUNTY COMPENSATION- REQUIREMENTS FORMS REFERENCED HEREIN ARE LIVING WAGE CERTIFICATION/DECLARATION- AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON SUBJECT TO AUDIT." THE SIGNATURE PAGE OF THIS CONTRACT. 3. Use of County Resources to Interfere with Collective These Legislative Requirements,as may be amended from time to Bargaining Activities time,shall apply to the Contractor regardless of whether notice of It shall be the duty of the Contractor to read,become familiar such amendments has been provided to the Contractor by the with, and comply with the requirements of Article I of County. It is the Contractor's obligation under this Contract to Chapter 803 of the Suffolk County Code. read,become familiar with,and comply with the requirements of amended Suffolk County Local Laws,Rules and Regulations,which County Contractors (as defined by section 803-2) shall can be accessed on the homepage of the Suffolk County Legislature comply with all requirements of Chapter 803 of the Suffolk County Code,including the following prohibitions: 1. Contractor'sNendor's Public Disclosure Statement a. The Contractor shall not use County funds to assist, It shall be the duty of the Contractor to read,become familiar promote,or deter union organizing. with, and comply with the requirements of section A5-8 of Article V of the Suffolk County Code. b. No County funds shall be used to reimburse the Contractor for any costs incurred to assist,promote,or deter Unless certified by an officer of the Contractor as being union organizing. exempt from the requirements of section A5-8 of Article V of the Suffolk County Code, the Contractor represents and C. No employer shall use County property to hold a warrants that it has filed with the Comptroller the verified meeting with employees or supervisors if the purpose of such public disclosure statement required by Suffolk County meeting is to assist,promote,or deter union organizing. Administrative Code Article V,section A5-8 and shall file an update of such statement with the Comptroller on or before If the Services are performed on County property, the the 31st day of January in each year of the Contract's Contractor must adopt a reasonable access agreement, a duration. The Contractor acknowledges that such filing is a neutrality agreement, fair communication agreement, non- material,contractual and statutory duty and that the failure to intimidation agreement, and a majority authorization card file such statement shall constitute a material breach of the agreement. Contract, for which the County shall be entitled, upon a determination that such breach has occurred,to damages,in If the Services are for the provision of human services and are addition to all other legal remedies,of fifteen percent(15%) not to be performed on County property,the Contractor must of the amount of the Contract. adopt,at the least,a neutrality agreement. Required Form: Under the provisions of Chapter 803,the County shall have Suffolk County Form SCEX 22; entitled the authority,under appropriate circumstances,to terminate "Contractor'sNendor's Public Disclosure Statement" the Contract and to seek other remedies as set forth therein, for violations of this Law. 2. Living Wage Law Required Form: It shall be the duty of the Contractor to read,become familiar Suffolk County Labor Law Form DOL-LO1 (Revised with, and comply with the requirements of Chapter 575, of 1/20204; entitled "Suffolk County Department of Labor, the Suffolk County Code. Licensing & Consumer Affairs — Union Organizing Certification/Declaration-Subject to Audit." This Contract is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific 4. Lawful Hiring of Employees Law exemptions apply, all employers (as defined)under service contracts and recipients of County financial assistance, (as It shall be the duty of the Contractor to read,become familiar defined) shall provide payment of a minimum wage to with, and comply with the requirements of Article II of employees as set forth in the Living Wage Law. Such rate Chapter 353 of the Suffolk County Code. shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under This Contract is subject to the Lawful Hiring of Employees the provisions of the Living Wage Law,the County shall have Law of the County of Suffolk. It provides that all covered the authority,under appropriate circumstances,to terminate employers,(as defined),and the owners thereof,as the case the Contract and to seek other remedies as set forth therein, may be,that are recipients of compensation from the County for violations of this Law. through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license 30 of 40 pages ARTICLE IV { A Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KITI-4980-95285 agreement,lease or other financial compensation agreement Required Forms: issued by the County or an awarding agency, where such "SUFFOLK COUNTY DEPARTMENT OF LABOR, compensation is one hundred percent(100%)funded by the LICENSING, & CONSUMER AFFAIRS — NOTICE OF County, shall submit a completed sworn affidavit (under APPLICATION TO CERTIFY COMPLIANCE WITH penalty of perjury),the form of which is attached,certifying FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH that they have complied,in good faith,with the requirements RESPECT TO LAWFUL HIRING OF EMPLOYEES, of Title 8 of the United States Code Section 1324a with Suffolk County Code,Chapter 353 (2006)"DOL-LHE 1/2 respect to the hiring of covered employees(as defined)and (REVISED 8/2017). with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized 5. 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 of perjury),the form of which is attached,certifying that they that 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 I of each year for the duration of any contract and upon the renewal or amendment of the Contract, and It shall be the duty of the Contractor to read,become familiar whenever a new contractor or subcontractor is hired underthe with, and comply with the requirements of Article II of Chapter 880 of the Suffolk County Code. terms of the Contract. The Contractor acknowledges that such filings are a material, The Contractor shall comply with Article II of Chapter 880, contractual and statutory duty and that the failure to file any of the Suffolk County Code, entitled"Child Sexual Abuse such statement shall constitute a material breach of the Reporting Policy,"as now in effect or amended hereafter or Contract. of any other Suffolk County Local Law that may become applicable during the term of the Contract with regard to child Under the provisions of the Lawful Hiring of Employees sexual abuse reporting policy. Law, the County shall have the authority to terminate the Contract for violations of this Law and to seek other remedies 8. Non Responsible Bidder available under the law. It shall be the duty of the Contractor to read,become familiar The documentation mandated to be kept by this law shall at with, and comply with the requirements of Article II of all times be kept on site. Employee sign-in sheets and Chapter 189 of the Suffolk County Code. register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the Upon signing the Contract,the Contractor certifies that it has law,shall be required to sign such sign-in sheets/register/log not been convicted of a criminal offense within the last ten books to indicate their presence on the site during such (10)years. The term"conviction" shall mean a finding of working hours. guilty after a trial or a plea of guilty to an offense covered under section 189-5 of the Suffolk County Code under 31 of 40 pages ARTICLE IV 4 Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-MT1-4980-95285 "Nonresponsible Bidder." 13. Contract Agency Performance Measures and 9. Use of Funds in Prosecution of Civil Actions Reporting Requirements Prohibited It shall be the duty of Contractor to read,become familiar It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Suffolk County with, and comply with the requirements of Article III of Local Law No. 41-2013, a Charter Law to Implement Chapter 893 of the Suffolk County Code. Performance Measurement to Increase Accountability and Enhance Service Delivery by Contract Agencies(Article VIII The Contractor shall not use any of the moneys,in part or in of Chapter 189 of the Suffolk County Code)as more fully set whole, and either directly or indirectly, received under the forth in Article I and Article III of this Contract. 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 to identify the key performance measures related to the 10. Youth Sports objectives of the services that the contract agency provides and shall develop an annual performance reporting plan.The It shall be the duty of the Contractor to read,become familiar contract agency shall cooperate-with the administering with, and comply with Article III of Chapter 730 of the department and the County Executive's Performance Suffolk County Code. Management Team to establish working groups to identify appropriate performance indicators and targets for monthly All contract agencies that conduct youth sports programs are evaluation of the contract agency's performance. required to develop and maintain a written plan or policy 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 contract,grant or funding. Receipt of such plan or policy by Suffolk County Local Laws,Rules and Regulations can be the County does not represent approval or endorsement of any accessed on the homepage of the Suffolk County Legislature. 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!Vs:Hsuffolkcountynv.izov/Portals/0/formsdocsBoardofethic public-assistance clients of Suffolk County pursuant to s/2%2024%20BLUE%20BOOK%20UPDATED.pdf Chapter 281 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum of ber 16. Notification of C Security Breach Understanding("MOU")with the Suffolk County Department y tY 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 The Contractor(as de with such MOU shall be deemed to be a failure to perform in fined in section AS-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 Contractor,upon completion of its investigation of the cyber All contract agencies that provide services to minors are breach,event or attack, shall provide a written report of the required to protect the privacy of the minors and are strictly findings of the completed investigation to the CISO. prohibited from selling or otherwise providing to any third party,in any manner whatsoever,the personal or identifying End of Text for Article IV information of any minor participating in their programs. 32 of 40 pages ARTICLE IV V i Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 Article V General Fiscal Terms and Conditions C. Payment by County 1. General Payment Terms Payment by the County shall be made within thirty(30)days after approval of the Suffolk County Payment Voucher by the a. Presentation of Suffolk County Payment Comptroller. Voucher d. Budget Modification In order for payment to be made by the County to the i.) The parties shall use the Contract Budget Contractor for the Services,the Contractor shall prepare and Modification Request form ("Budget present a Suffolk County Payment Voucher,which shall be documented by sufficient, competent and evidential matter. ModificationS for revisions to the Each Suffolk County Payment Voucher submitted for Budget and Services not involving an payment is subject to Audit at any time during the Term or increase to the total cost of the Contract. If the Contractor is seeking such a any extension thereof. This provision shall survive expiration or termination of this Contract for a period of not less than modification, the Contractor shall seven(7)years,and access to records shall be as set forth in contact the Department to receive the paragraph 25 of Article III,and paragraph 4(b)of Article V. form and enter the required information. When the County and the Contractor b. Voucher Documentation agree as to such revisions,the Contractor shall sign the Budget Modification form The Suffolk County Payment Voucher shall list all and return it to the County for execution information regarding the Services and other items for which along with any other documentation the expenditures have been or will be made in accordance with Department may require. the Contract. Either upon execution of the Contract(for the ii.) Such request must be made in advance of Services already rendered and expenditures already made),or incurring any expenditure for which the not more than thirty (30) days after the expenditures were revision is needed. made,and in no event after the 31 It day of January following the end of each year of the Contract, the Contractor shall iii.) Upon complete execution of the Budget furnish the County with detailed documentation in support of Modification form, the County shall the payment for the Services or expenditures under the return a copy to the Contractor. The Contract, e.g., dates of the Service, worksite locations, revision shall not be effective until the activities, hours worked, pay rates and all program Budget Budget Modification is completely categories. The Suffolk County Payment Voucher shall executed. include time records, certified by the Contractor as true and accurate,of all personnel for whom expenditures are claimed iv.) The Budget Modification form may be during the period. Time and attendance records of a submitted only twice per calendar year Contractor's Director/Executive Director shall be certified by and may only be submitted prior to the Chairperson,President or other designated member of the November 15th•of that year. Board of Directors of the Contractor and shall be maintained by the Contractor for audit. All Suffolk County Payment e. Budget and/or Services Revisions Vouchers must bear a signature as that term is defined pursuant to New York State General Construction Law§46 i.) The parties shall use the Contract by duly authorized persons, and certification of such Budget/Services Revision . Approval authorization with certified specimen signatures thereon must Form (Budget/Services Revisions) for be filed with the County by a Contractor official empowered revisions to the Budget and Services to sign the Contract. involving any change to the total cost of Disbursements made by the Contractor in accordance with the the Contract due to a resolution of the Contract and submitted for reimbursement must be Legislature, changes to the County's documented and must comply with accounting procedures as adopted annual budget, or for any other set forth by the Suffolk County Departments of Audit and reason necessitating revisions to the Control. Documentation, including any other form(s) Budget or Services. required by County or the Suffolk County Department of ii.) When the County and the Contractor Audit and Control,shall be furnished to the County pursuant agree as to such revisions, the to, and as limited by, the Regulations for Accounting Department will enter the information Procedures for Contract Agencies of the Suffolk County into the Budget/Services Revisions Form Department of Audit and Control. In addition to any other and send it to the Contractor for remedies that the County may have, failure to supply the signature.The Contractor shall return it required documentation will disqualify the Contractor from to the County for execution along with any further County contracts. any other documentation the Department 33 of 40 pages ARTICLE V d Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 may require. i.) salary scale for all positions listed in the Budget; iii.) Upon complete execution of the form by the parties, the County shall return a ii.) personnel rules and procedures; copy to the Contractor. The revision shall not be effective until the iii.) pension plan and any other employee Budget/Services Revisions Form is benefit plans or arrangements. completely executed. b. The Contractor shall not be entitled to f. Taxes reimbursement for costs under any pension or benefit plan the Comptroller deems commercially unreasonable. The charges payable to the Contractor under the Contract are exclusive of federal,state,and local taxes,the County being a C. Notwithstanding anything in this paragraph 3 of this municipality exempt from payment of such taxes. Article V,the County shall not be limited in requesting such additional financial information it deems reasonable. g. Final Voucher The acceptance by the Contractor of payment of all billings 4. Accounting Procedures made on the final approved Suffolk County Payment Voucher shall operate as and shall be a release of the County from all a. The Contractor shall maintain accounts, books, claims by the Contractor through the date of the Voucher. records, documents, other evidence, and accounting procedures and practices which sufficiently and properly 2. Subject to Appropriation of Funds reflect all direct and indirect costs of any nature expended in the performance of the Contract,in accordance with generally a. The Contract is subject to the amount of funds accepted accounting principles and with rules,regulations and appropriated each fiscal year and any subsequent financial directives, as may be promulgated by the Suffolk modifications thereof by the County Legislature, and no County Department of Audit and Control and the Department. liability shall be incurred by the County beyond the amount of The Contractor shall permit inspection and audit of such funds appropriated each fiscal year by the County Legislature accounts,books,records,documents and other evidence by for the Services. the Department and the Suffolk County Comptroller,or their representatives,as often as,in their judgment,such inspection b. If the County fails to receive Federal or State funds is deemed necessary. Such right of inspection and audit as set originally intended to pay for the Services,or to reimburse the forth in-subparagraph b. below 'shall exist during the Term County, in whole or in part, for payments made for the and for a period of seven (7) years after expiration or Services,the County shall have the sole and exclusive right termination of the Contract. to: i.) determine how to pay for the Services; b. The Contractor shall retain all accounts, books, records, and other documents relevant to the Contract for ii.) determine future payments to the seven(7)years after final payment is made by the County. Contractor;and Federal, State,and/or County auditors and any persons duly authorized by the County shall have full access and the right iii.) determine what amounts, if any, are to examine any of said materials during said period. Such reimbursable to the County by the access is granted notwithstanding any exemption from Contractor and the terms and conditions disclosure that may be claimed for those records which are under which such reimbursement shall subject to nondisclosure agreements, trade secrets and be paid. commercial information or financial information that is privileged or confidential. C. The County may, during the Term, impose a Budget Deficiency Plan. In the event that a Budget C. The Contractor shall utilize the accrual basis of Deficiency Plan is imposed,the County shall promptly notify accounting and will submit all financial reports and claims the Contractor in writing of the terms and conditions thereof, based on this method of accounting during the Term. which shall be deemed incorporated in and made a part of the Contract,and the Contractor shall implement those terms and 5. Audit of Financial Statements conditions in no less than fourteen(14)days. 3. Personnel Salaries, Pension and Employee Benefit a. All payments made under the Contract are subject Plans,Rules and Procedures to audit by the Comptroller pursuant to Article V of the Suffolk County Charter. The Contractor further agrees that a. Upon request, the Contractor shall submit to the the Comptroller and the Department shall have access to and County a current copy,certified by the Contractor as true and the right to examine, audit, excerpt, copy or transcribe any accurate,of its pertinent transactions or other records relating to services under the Contract. If such an audit discloses overpayments 34 of 40 pages ARTICLE V s � Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 by the County to the Contractor,within thirty(30)days after C. The audit must be conducted in accordance with the issuance of an official audit report by the Comptroller or generally accepted governmental auditing standards. his duly designated representatives,the Contractor shall repay Financial statements must clearly differentiate between the amount of such overpayment by check to the order of the County-funded programs and other programs that the Suffolk County Comptroller or shall submit a proposed plan Contractor may be operating. The use of subsidiary schedules of repayment to the Comptroller. If there is no response,or if should be encouraged for this purpose. The Auditor must also satisfactory repayments are not made,the County may recoup prepare a Management Letter based on the audit. overpayments from any amounts due or becoming due to the Contractor from the County under the Contract or otherwise d. "Subrecipients"—Federally Funded Programs The Comptroller reserves the right to undertake all reasonable and Grants actions to ensure compliance with all applicable local laws, rules,and regulations including but not limited to Chapter 189 i.) In the event the Contractor is a of the Suffolk County Code. "Subrecipient"as that term is defined in CFR § 200.1 and expends ONE b. The provisions of this paragraph shall survive the MILLION ($1,000,000.00) dollars or expiration or termination of the Contract for a period of seven more of Federal moneys, whether as a (7) years, and access to records shall be as set forth in recipient expending awards received paragraph 25 of Article III,and paragraph 4(b)of Article V. directly from Federal awarding agencies or as a Contractor expending Federal 6. Financial Statements and Audit Requirements awards received from a pass-through entity such as New York State and/or a. Notwithstanding any other reporting or certification Suffolk County, during any fiscal year requirements of Federal, State, or local authorities, the within which it receives funding under Contractor shall obtain the services of an independent the Contract,the audit referred to under licensed public accountant or certified public accountant(the this paragraph 6 must be conducted and "Auditor") to audit its financial statements for each any the audit report must be in Contractor's "fiscal year" in which the Contractor has accordance with OMB Uniform Grant received, or will receive, three hundred thousand Guidance — 2 CFR Part 200 ("Single ($300,000.00) dollars or more from the County, whether Audit Report"). Single Audit Reports under the Contract or other agreements with the County,and must also be uploaded to the Federal shall submit a report to the County on the overall financial Audit Clearinghouse, to the extent condition and operations of the Contractor, including a required by the OMB Uniform Grant balance sheet and statement of income and expenses,attested Guidance referred to above. In addition, by the Auditor as fairly and accurately reflecting the the Single Audit Report, respective accounting records of the Contractor in accordance with financial statements and any generally accepted accounting principles. The audited Management Letters must be submitted financial statements including respective Management Letters to the Department set forth on page one must be emailed to the Executive Director of Auditing of this Contract and emailed to the Services at Audits a,suffolkcoun ,nv.gov within thirty (30) Executive Director of Auditing Services days after completion of the audit,but in no event later than at nine(9)months after the end of the Contractor's fiscal year, ypysub.gov ent n thirty ri (30)udays aunt to which the audit relates. The Contractor may solicit completion within thirty (but days after requests for proposals from a number of qualified accounting completion e the audit but r no event firms and review carefully the costs of,and qualifications for, later than nine's months after the end of this type of work before selecting the Auditor. the Contractor's fiscal year,to which the audit relates. b. The Auditor should be required to meet the ii.) In the event the Contractor is a following minimum requirements: « Subrecipient"as that term is defined in 2 CFR§200.1 and expends less than ONE i.) a current license issued by the New York MILLION ($1,000,000.00) dollars of State Education Department; Federal moneys, whether as a recipient ii.) sufficient auditing experience in the not- expending awards received directly from for-profit,governmental or profit-making Federal awarding agencies or as a areas,as applicable;and Contractor expending Federal awards received from a pass-through entity such iii.) a satisfactory peer review issued within as New York State, and/or Suffolk not more than three(3)years prior to the County, during any fiscal year the date when the Auditor was selected to Contractor must email a certified conduct the audit. Exemption Letter, the form of which shall be provided by the Department,on 35 of 40 pages ARTICLE V % Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 the Contractor's Letterhead and a b. Purchase Practices/Proprietary Interest of Schedule of Federal Funds Expended to County the respective County Department and the Executive Director of Auditing i.) The Contractor shall follow the general Services at practices that are designed to obtain subrecipiientmonitorinl n,suffolkcountyny furniture,fixtures,equipment,materials, ..gov within thirty(30)days of the end of or supplies at the most reasonable price the Contractor's fiscal year. The or cost possible. Schedule of Federal Funds Expended must include all Federal funding received ii.) The County reserves the right to directly from the Federal government and purchase or obtain furniture, fixtures, all Federal funds passed through from the equipment,materials,or supplies for the County and other pass-through entities. Contractor in accordance with the programmatic needs of the Contract. If Subrecipients may include, but not the County exercises this right, the necessarily be limited to, not-for-profit amount budgeted for the items so organizations;units of state government purchased or obtained by the County for or a unit of local governments. the Contractor shall not be available to the Contractor for any purpose e. Copies of any other audit reports including whatsoever. Title to any such items oversight agency audits must be submitted to the Department purchased or otherwise obtained by the set forth on page one of this Contract and emailed to the County for the programs encompassed Executive Director of Auditing Services at by the Contract and entrusted to the AuditsO_suffolkcountynv.2ov within thirty (30) days after Contractor,shall remain in the County. completion of the audit(s). iii.) The County shall retain a proprietary f. The requirements set forth in this paragraph 6 shall interest in all furniture, removable not preclude the authorized representatives of the County,the fixtures, equipment, materials, and Comptroller,or Federal or State entities from conducting any supplies purchased or obtained by the Contractor and paid for or reimbursed to other duly authorized audit(s) of records and financial the Contractor pursuant to the terms of statements of the Contractor. The Contractor shall make such records and financial statements available to authorized the Contract any prior agreement representatives of Federal,State and County government for between the parties. that purpose. iv.) The Contractor shall attach labels g. The provisions of this paragraph 6 shall survive the indicating the County's proprietary expiration or termination of the Contract. interest or title in all such property. C. County's Right to Take Title and Possession 7. Furniture,Fixtures,Equipment,Materials,Supplies Upon the termination or expiration of the Contract or any a. Purchases, Rentals or Leases Requiring Prior renewal thereof, the discontinuance of the business of the Approval Contractor,the failure of the Contractor to comply with the terms of the Contract, the bankruptcy of the Contractor, an Prior to placing any order to purchase, rent or lease any assignment for the benefit of its creditors,or the failure of the furniture, fixtures, or equipment valued in excess of one Contractor to satisfy any judgment against it within thirty(30) thousand dollars($1,000.00)per unit for which the Contractor days of filing of the judgment,the County shall have the right will seek reimbursement from the County, the Contractor to take title to and possession of all furniture, removable shall submit to the County a written request for approval to fixtures, equipment, materials, and supplies and the same make such a proposed purchase, rental or lease, with a list shall thereupon become the property of the County without showing the quantity and description of each item, its any claim for reimbursement on the part of the Contractor. intended location and use, estimated unit pricc or cost, and estimated total cost of the proposed order and three written d. Inventory Records,Controls and Reports estimates for the same Written approval of the County shall be required before the Contractor may proceed with such The Contractor shall regularly and concurrently maintain proposed purchase, rental or lease of furniture, fixtures or proper and accurate inventory records and controls for all equipment. All items purchased must be new or like new such furniture, removable fixtures and equipment acquired unless specifically described otherwise in the Budget. pursuant to the Contract and all prior agreements between the parties,if any. Three(3)months before the expiration date of the Contract,the Contractor shall make a physical count of all items of furniture, removable fixtures and equipment in its custody, checking each item against the aforesaid inventory 36 of 40 pages ARTICLE V 3 i Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 records. A report setting forth the results of such physical 9. Statement of Other Contracts count shall be prepared by the Contractor on a form or forms designated by the County, certified and signed by an Prior to the execution of the Contract, the Contractor shall authorized official of the Contractor,and one(1)copy thereof submit a Statement of Other Contracts to the County. If the shall be delivered to the County within five(5)days after the Contract is amended during the Term„ or if the County date set for the aforesaid physical count. Within five(5)days exercises its option right,the Contractor shall submit a then after the termination or expiration date of the Contract,the current Statement of Other Contracts. Contractor shall submit to the County six (6) copies of the same report updated to such date of the Contract,certified and signed by an authorized official of the Contractor,based on a 10. Miscellaneous Fiscal Terms and Conditions physical count of all items of furniture, removable fixtures and equipment on the aforesaid expiration date,and revised,if a. Limit of County's Obligations necessary,to include any inventory changes during the last three(3)months of the Term. The maximum amount to be paid by the County is set forth on the first page of the Contract. e. Protection of Property in Contractor's Custody b. Duplicate Payment from Other Sources The Contractor shall maintain vigilance and take all fixtures, Payment by the County for the Services shall not duplicate reasonable precautions to protect the furniture, equipment,material or supplies in its custody against damage payment received by the Contractor from any other source. or loss by fire,burglary,theft,disappearance,vandalism, or misuse. In the event of burglary, theft, vandalism, or C. Funding Identification disappearance of any item of furniture,fixtures,equipment, material or supplies,the Contractor shall immediately notify -The Contractor shall promptly submit to the County upon the police and make arecord thereof,including arecord ofthe request, a schedule for all programs funded the County, re results of any investigation which may be made thereon. In itemizing for each such program the sums received their source and the total program budget. the event of loss of or damage to any item of furniture, fixtures,equipment;materials,or supplies from any cause,the Contractor shall immediately send the County a detailed d. Outside Funding for Non-County Funded written report thereon. Activities f. Disposition of Property in Contractor's Custody Notwithstanding the foregoing provisions of the Contract,it is the intent of the County that the terms and conditions of the Contractor shall be required to obtain the County's prior Contract shall not limit the Contractor from applying for and written approval to dispose of any and all property including accepting outside grant awards or from providing additional fixtures, equipment and furniture, purchased with County educational activitiesiservices which may result in the finds 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 ii.) Sufficient funding is available for or can custody in which the County has aproprietary interest,in the be generated by the Contractor to cover same condition as such property was received by the the cost incurred by the Contractor to Contractor, reasonable wear and tear excepted. Any 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 S. Lease or Rental Agreements costs incurred by the Contractor in furnishing such additional services. if lease payments or rental costs are included in the Budget as iv.) Prior to scheduling any such additional an item of expense reimbursable by the County, the services on County-owned property,the Contractor shall promptly submit to the County,upon request, Contractor shall obtain written County any lease or rental agreement. If during the Term, the approval. The Contractor shall, to the Contractor shall enter into a lease or rental agreement,or shall County's satisfaction, submit any renew a lease or rental agreement,the Contractor shall,prior documentation requested by the to the execution thereof, submit such lease or rental Department reflecting the change, and agreement,to the County for approval. identify the additional services to be provided and the source of funding that shall be utilized to cover the 37 of 40 pages ARTICLE V e I Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 expenditures incurred by the Contractor the first page of the Contract. in undertaking the additional services. j. Payments Limited to Actual Net Expenditures e. Potential Revenue The Contractor agrees that if,for any reason whatsoever,the The Contractor shall actively seek and take reasonable steps Contractor shall spend during the Term for the purposes set to secure all potential funding from grants and contracts with forth in the Contract an amount less than,or receive amounts other agencies for programs funded by the County. more than, provided in the Budget, the total cost of the Contract shall be reduced to the net amount of actual f. Payments Contingent upon State/Federal Contractor expenditures made for such purposes. The total Funding amount to be paid by the County shall not exceed the lesser of (i)actual net expenditures or(ii)the total cost of the Contract Payments under the Contract may be subject to and on the cover page and in the Budget. Upon termination or contingent upon continued funding by State and/or Federal expiration of the Contract,if the Contractor's total amount of agencies. In the event payments are subject to such funding allowable expenses is less than the total amount of the no payment shall be made until the Contractor submits payments made during the Term,the Contractor shall prepare documentation in the manner and form as shall be required by a check payable to the Suffolk County Comptroller for the State and/or Federal agency. If late submission of claims difference between the two amounts and submit such payment precludes the County from claiming State or Federal to the County,along with the final Suffolk County Payment reimbursement,such late claims by the Contractor shall notbe Voucher. paid by the County subject to subparagraph g.below,if,for any reason, the full amount of such funding is not made k. Travel, Conference, and Meeting Attendance: available to the County,the Contract may be terminated in SOP A-07 Amendment 1 whole or in part,or the amount payable to the Contractor may be reduced at the discretion of the County,provided that any Reimbursement to the Contractor for travel costs shall not such termination or reduction shall not apply to allowable exceed amounts allowed to County employees. All costs incurred by the Contractor prior to such termination or conferences that are partially or fully funded by the County reduction,and provided that money has been appropriated for that the Contractor's staff wishes to attend must be pre- payment of such costs. approved, in writing, by the County and must be in compliance with Suffolk County Standard Operating g. Denial of Aid Procedure A-07 which may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then If a State or Federal government agency is funding the "Comptroller,"then"Consultant's Agreements." Contract and fails to approve aid in reimbursement to the County for payments made hereunder by the County to the 1. Salaries Contractor for expenditures made during the Term because of any act,omission or negligence on the part of the Contractor, The Contractor shall not be eligible to receive any salary then the County may deduct and withhold from any payment reimbursement until proof of deposit or payment of all due to the Contractor an amount equal to the reimbursement withholding and payroll taxes to the Federal/State denied by the state or federal government agency, and the governments has been provided to the County. County's obligation to the Contractor shall be reduced by any such amounts. In such an event,if there should be a balance In. Salary Increases due to the County after it has made a final payment to the Contractor under the Contract,on demand by the County,the No salary,wage,or other compensation for the Services shall Contractor shall reimburse the County for the amount of the be increased over the amount stated in the Budget withoutthe balance due the County, payable to the Suffolk County prior written approval of the County. Comptroller. The provisions of this subparagraph shall survive the expiration or termination of the Contract. n. Contractor Vacancies h. Budget The County shall have the right of prior approval of the Contractor's filling of any vacant position as of the date of The Contractor expressly represents and agrees that the execution of the Contract or as may thereafter become vacant, Budget lists all revenue,expenditures,personnel,personnel and,in the exercise of that right.The County may promulgate costs and/or all other relevant costs necessary to provide the reasonable regulations involving filling of vacancies which Services. shall be deemed to be incorporated by reference in, and be made part of,the Contract,provided,however,that subject to i. Payment of Claims the availability of funding, approval for the hiring of replacement clerical shall be a Contractor determination. Upon receipt of a Suffolk County Payment Voucher, the County, at its discretion,may pay the Contractor during the o. No Limitation On Rights Term,in advance,an amount not to exceed one sixth(1/6)of the maximum amount to be paid by the County set forth on Notwithstanding anything in this Article V to the contrary, 38 of 40 pages ARTICLE V Rev. 1/10/2025; IFMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 the County shall have available to it all rights and remedies under the Contract and at law and equity. P. Comptroller's Rules and Regulations The Contractor shall comply with the"Comptroller's Rules and Regulations for Consultant's Agreements" as promulgated by the Department of Audit and Control of Suffolk County and any amendments thereto during the Term of the Contract. The"Comptroller's Rules and Regulations for Consultant's Agreements"and"SOP A-07 Amendment 1" may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then "Comptroller,"then"Consultant's Agreements." End of Text for Article V 39 of 40 pages ARTICLE V e , Rev. 1/10/2025; 1FMS 00000015980 Shopping Assistance Program 001-6777-KIT1-4980-95285 Budget Article VI Southold Shopping Assistance Program January 1,2025-December 31,2025 PERSONNEL Drivers $36,000 Fringe $2,754 OTHER Gas & Oil $2,246 TOTAL $41,000 Participant Contributions (1,000) Net Reimbursement 40 of 40 pages ARTICLE VI