HomeMy WebLinkAboutNutrition ProgramRESOLUTION 2012-267
ADOPTED
DOC ID: 7718
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-267 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 27, 2012:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Consultant/Personal Services Contract between
the Suffolk Coun .ty Office for the Aging and the Town of Southold for the IIIC Nutrition
Programs, for the period January 1, 2012 through December 31, 2012, for congregate and home
delivered meals for the elderly, at no cost to the Town, subject to the approval of the Town
Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER: William Ruland, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
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Consultant~ersonal Se~ices Contract ORIGINAL
This Contract ("the Contract") is between the CounW of Suffolk ("the Count"), a municipal
co~oration of the State of New York, acting through its duly constitu~d O~ce for the Aging ("the
Department"), located at the H. Lee De~ison Building - 3~a Floor, 100 Veterans Memorial Highway,
Hauppauge, New York ~ailing address: P.O. Box 6100, Hauppauge, New York 11788-0099); and
~e Town of Southold ("Contractor"), a New York municipal co,ration, having an address at 53095
Main Road, P.O. Box 1179, Sou~old, New York 11971.
The Con,actor has been designated to receive funds ~om the County for a IIIC Nutrition Program
for the Elderly ("the Se~ices") as set fo~ in A~icle I, entitled "Description of Se~ices."
Term of the Contract: Shall be from Janua~ l, 2012 through December 31, 2012, with an option, to
be exercised at the County's discretion, to June 30, 2013 on ~e same te~s
and conditions herein.
Total Meals: Daily Congregate Meals: 57
Not to Exceed $78,346 ~nually
Daily Home-Delivered Meals: 112
Not to Exceed $171,007 Annually
Total Cost of the Contract: Shall be on a fee-for se~ice basis, not exceed $249,353.00, as set fo~h in
~icle II, a~ached.
Terms and Conditions: Shall be as set fo~h in A~icles I and II and Exhibits 1 and 2, a~ched hereto
and made a paa hereof.
In Witness Whereof, the pa~ies hereto have executed the Contract as of the latest date wri~en below.
Town of Sou~o~ ~ .~ Coun~ ~
By: ~~-~ By: ~ ~ ~
Scott A. Russell
Supervisor
Fed. Taxpaye? 1D #: 11-6001939
Date %/ ~ 071~
~_~ C~Dt~_/~. /i~Cf5~(C.//, hereby cavities under
penalties of perju~ that [ m ~officer of
'~u) ~ OC - ~ ,, ~hat I have read ~d I ~
f~ili~ wi~ $A5-7 of ~icfey of the Suffolk CounW Code,
~d~at~ ~ ~/~ meets~l
mquiremen~ quali~ ~ cxcmption ~ereh~der. ~
Signat~e t
Approved as to Legality:
Dennis M. Cohen,
Suffolk County Attorney
By:
.B~.a ~en Bradd~/~h me
Title: ~ Executive
Date:
Approved:
Department _
Director, Office for the Agh~'
Recom~nded:
~rAnna Prencipe
Food Service Supervisor
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List of Articles & Exhibits
· Article I
· Description of Services
· Article II
· Financial Terms and Conditions
1. Conflicting Provisions
2. General Payment Terms
3. Contract Subject to Appropriation of Funds
4. Comptroller's Rules and Regulations for Consultant's Agreements
5. Specific Payment Terms and Conditions
6. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
7. Accounting Procedures
8. Audit of Financial Statements
9. Financial Statements and Audit Requirements
10. Furniture, Fixtures, Equipment, Material, Supplies
11. Lease or Rental Agreements
12. Statement of Other Contracts
13. Miscellaneous Fiscal Terms and Conditions
Exhibit 1
County Terms and Conditions
1. Elements of Interpretation
2. Meanings of Terms
3. Contractor Responsibilities
4. Qualifications, Licenses, and Professional Standards
5. Notifications
6. Documentation of Professional Standards
7. Credentialing
8. Engineering Certificate
9. Termination
10. Indemnification and Defense
11. Insurance
12. Independent Contractor
13. Severability
14. Merger; No Oral Changes
15. Set-Off Rights
16. Non-Discrimination in Services
17. Nonsectarian/Nonpartisan Declaration
18. Governing Law
19. No Waiver
20. Conflicts of Interest
21. Cooperation on Claims
22. Confidentiality
23. Assignment and Subcontracting
24. Changes to Contractor
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25. No Intended Third Party Beneficiaries
26. Certification as to Relationships
27. Publications
28. Copyrights and Patents
29. Arrears to County
30. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction
31. Notice
Exhibit 2
Suffolk County Legislative Requirements
1. Contractor's/Vendor's Public Disclosure Statement
2. Living Wage Law
3. Use of County Resources to Interfere with Collective Bargaining Activities
4. Lawful Hiring of Employees Law
5. Gratuities
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas
7. Child Sexual Abuse Reporting Policy
8. Non Responsible Bidder
9. Use of Funds in Prosecution of Civil Actions Prohibited
10. Youth Sports
11. Suffolk County Local Laws Website Address
Appendix
Public Disclosure
Living Wage
Union Certification
Lawful Hiring
Certification Regarding Lobbying
Comptroller's Rules
Statement of Other Contracts
S. C. Office for the Aging Appendices
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Article I
Town of Southold
IIIC Nutrition Program for the Elderly
Description of Services
Whereas, the County issued a Request for Qualifications ("RFQ") on July 28, 2011; and
Whereas, the Contractor submitted a proposal in response to such RFQ; and
Whereas, the County has selected the Contractor to provide the services as set forth herein;
Now Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties
hereto agree as follows:
1. Conflicting Provisions
In the event of any conflict between any provision in this Article I and an exhibit to this
Contract, the exhibit shall prevail unless it is expressly stated in the conflicting provision in this Article
I, that it shall prevail over the exhibit.
2. Goals of Program
The Contractor shall provide a Nutrition Program for the Elderly to improve, maintain or delay
the decline in the nutritional status of persons 60 years of age and older and help them to remain
independent in their own homes and communities.
3. Adherence to Regulations
a. The Contractor must comp|y with the regulations and statutes applicable to the conduct
of the Nutrition Program for the Elderly contained in Title III of the Federal Older
Americans Act (42 U.S.C.A. §3030e et seq.) as required by the United States Department
of Health and Human Services, its Administration on Aging, the New York State Office
for the Aging, and Aging; and/or New York Executive Law Article 19-J, 9 NYCRR
Section 6654.10 and Section 6654.11.
b. The Contractor shall provide all nutrition services with conformity to New York State
Office for the Aging requirements which are incorporated in the Suffolk County Office
for the Aging Policy and Procedure Manuals (Appendices) and will adhere to the
requirements of the Suffolk County Office for the Aging Technical Assistance Packet
(see Appendices).
c. The Contractor shall adhere to the program specifications as outlined on the Summary
Sheet(s) for either Congregate Program or Home Delivered Programs as submitted for
RFQ No. 001/2011/MVK, which may be modified and is (are) attached and made part of
the Contract.
d. The Contractor shall adhere to the specifications as submitted in the Contractor's
Response to Section IV - Technical Services for RFQ No. 001/2011/MVK, which is
attached and made part of this contract.
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Applicable to All Programs
In general, but without limitation, the Contractor shall be required to meet the criteria listed
below:
a. Each meal must provide a minimum of one-third of the Dietary Recommended Intakes
("DRI") for the 60-plus age group as established by the Food and Nutrition Board of the
National Academy of Sciences, National Research Council with menus developed under
the supervision of, and approved by, Aging on a six-week cycle. Special low salt and
basic diabetic diets must be provided to those clients requiring such upon physician's
order. The meal pattern and the amounts must follow those set forth by the New York
State Office for the Aging. All aspects of food preparation and service must meet the
standards of the Suffolk County Department of Health Services, e.g., safe temperature of
food - hot entr6e always served at a minimum of 140°F, salad and other cold items
served at 41°F or below. There shall be no more than two (2) hours between the time of
completion of cooking and the beginning of serving for foods which need to be held at
temperatures above 140 degrees F. For home-delivered meals, this applies to the last
meal served on the route.
b. The Contractor shall cooperate with and accept direction from Aging's staff.
c. All nutrition programs which cook on site must hold a complete sample of each day's
meal(s), including all components except milk and bread, in the refrigerator for 5 days for
testing purposes. All nutrition programs which serve catered meals must hold a complete
sample of each day's meal(s), including all components except milk and bread, if
possible, or hold 3 tablespoons of each meal component, in the refrigerator for 5 days for
testing purposes.
d. All congregate sites will develop and maintain emergency plans for weather and
evacuation. A copy of the plan will be submitted to Aging at least annually and in the
event of modifications to the plans.
e. Contributions
1. The Contractor has the obligation to inform each recipient of the service of the
opportunity to make a completely voluntary and anonymous contribution toward
the cost of the service. Service may not be denied if a person is unable or
unwilling to make a contribution. The Contractor must maintain an audit trail of
all incoming contributions and make monthly reports of any contributions
received. All contributions must be used to enhance services. All printed materials
used for the program must include the sources of funding for the Program and
must include the following information:
Contributions to this (these) service(s) are completely voluntary and anonymous.
Service will not be denied because of inability or unwillingness to contribute. Any
contribution you wish to make will be used to expand the program and will be
greatly appreciated.
2. Each recipient of service must be informed in writing of the opportunity to
contribute at least annually.
3. In the congregate setting, the Contractor must provide a locked box and envelopes
for the suggested meal donations for the participants in order to protect the
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confidentiality of program participants' identities and the amount which they
contribute. The suggested donation amount will be determined through
consultation with the Suffolk County Office for the Aging and the Site Council.
i. All sites must post the suggested contribution for program participants.
ii. Price of the meal for guests must be posted.
iii. The above two amounts are to be posted near the locked box.
For home-delivered meal participants, the Contractor must provide envelopes for the
suggested meal donations of the participants in order to protect the confidentiality of the
program participants' identities and the amount which they contribute.
Targeting and Outreach
1. The Contractor must give preference to providing services to older individuals
with the greatest economic or social needs with particular attention to low-income
minority individuals, (42 U.S.C. §3025 (a) (1) (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 Office of Management and Budget. The term
"greatest social need" refers to the need caused by non-economic factors which
include physical and mental abilities, language barriers, social or geographical
isolation including that caused by racial or ethnic status which restricts an
individual's ability to perform normal daily tasks or which threatens such
individual's capacity to live independently (42 U.S.C.§302(21)).
2. The following four target groups have been identified as having the greatest
economic and social needs: minorities, low income, frail and vulnerable.
3. 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.
Coordination
The Contractor must coordinate the delivery of services with other providers and
organizations to provide the most suitable outcomes and minimize possible duplication of
effort. In order to accomplish this, the Contractor will undertake activities such as, but
not limited to, participation in inter-agency meetings, coordination of referrals and
follow-ups with other local service providers, entering into agreements with other
organizations for joint efforts and/or funding, centralized assessment and maintaining up-
to-date resource materials both within and outside the Contractor's organization.
Reporting Requirements
The following forms and reports are required by the County to meet the standards of the
Nutrition program:
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Monthly Program Reports
Copies of the participant daily sign-in sheets must be received in Aging by the
eighth day following month's end.
The units of service/unduplicated count report, including targeting results, (Nutrition
or S.N.A.P. Services) is due the eighth day following month's end.
The activity report is due one week prior to the month reported.
Menu forms are due four weeks prior to the serving cycle.
Monthly Fiscal Reports
SCOFA Forms NPAG 2 (congregate), NPAG 3 (home-delivered), NPAG 4 and
NPAG 5 are due the eighth day following month's end. NPAG 4 and 5 are to be
signed in ink by the site manager where indicated. The forms listed above are
found in the Policy and Procedure Manual (see Appendices).
Demographics
The Contractor must at a minimum determine and maintain the following specific
type of demographic information for each individual receiving services:
· Name.
· Sex.
· Age.
· Disabled/Frail.
Disabled - Any person who has a physical or mental impairment which
substantially limits one or mom major life activities, has a record of such
impairment, or is regarded as having such an impairment. This includes
alcoholism and drug addiction.
Frail - A person with one or more functional deficits in the following
areas: physical functions; mental functions; activities of daily living
(ADL) (eating, bedgchair transfer, dressing, bathing, toileting and
continence); instrumental activities of daily living (IADL) (meal
preparation, housekeeping, shopping, medications, telephone, travel and
money management).
· Live Alone.
· Lives in a Rural Setting.
· Limited English Proficiency. (to be reported effective 4/1/12)
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.
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Low Income - The need resulting from an income level at or below the
poverty threshold, as established by the Bureau of the Census, and updated
annually as follows:
Size of Family Unit
1
2
100 % of Poverty Threshold
(for IIIC Nutrition program(s))
$11,170/year
$15,130/year
150% of Poverty Threshold
(for SNAP Program(s))
$16,755/year
$22,695/year
e
· Minority - Those individuals belonging to one of the following groups:
Native American/Alaskan Native, Asian, Black, Native Hawaiian/Pacific
Islander and Hispanic.
· Low Income Minority - Those minority persons whose income is at or
below the poverty threshold.
Electronic Reporting
i. The Contractor shall maintain electronic records on all program
participants using the most currently approved form provided by Aging
and compliant with State and Federal reporting requirements. Data for all
participants must be updated monthly.
ii. In order to comply with electronic reporting requirements, the Contractor
must have adequate computer equipment and sof~vare available to support
the approved form.
iii. NAPIS required registration must be completed for all congregate
participants. The congregate NY Short Form and home delivered NY
Comprehensive AFM form or subsequent approved assessment tool(s)
must be entered electronically in SAMS 2000 or in subsequent County
approved computer systems. All participant data must be entered
completely by the twelfth (12th) of each month for the previous month's
data.
iv. Home-delivered meal participants must have eligibility determined I)
prior to the delivery of service using the NAPIS required NY
Comprehensive AFM form or subsequent approved assessment tool, or 2)
in cases where there is a documented emergency, the assessment must be
done within five (5) working days of service delivery. The Contractor
shall contact Aging's Nutrition Unit of any occurrence whereby the
assessment is not completed under 1) or 2) above. Each participant
receiving home-delivered meals must be reassessed at appropriate
intervals based on each participant's situation, but in no instance less
frequently than at least once in each twelve-month period. The Contractor
will also make a six-month reassessment in the form of a home visit or a
telephone call. The assessment and subsequent reassessments must be
entered electronically and completed by the twelfth (12th) of each month
for the previous month's data.
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Contractor's Staff
1. The Contractor agrees to employ adequate numbers of qualified staff and
supervisory personnel to meet all thc specifications and responsibilities of the
program in an orderly, punctual and reliable manner. Personnel involved in ail
aspects of food handling and preparation are to be in good health and trained to
ensure the safety standards of the food prepared and served. A full-time
manager/supervisor will direct and coordinate the daily operations. All meetings
and trainings required by the County are to be attended by the appropriate staff.
The Contractor will have on file with Aging the procedures to be followed by
workers and other staff in case of emergency.
2. The County shall have the fight to prior approval of the filling of any site manager
position and the home-delivered meal assessor, and shall be advised by the
Contractor of the duties and compensation of all personnel assigned to the Nutrition
Program for the Elderly.
3. The provisions of this subparagraph j. are in addition to the provisions of
Article II, paragraph 13, subparagraph o.
Confidentiality
1. The Contractor agrees that no personai information obtained from an individual in
conjunction with this program shail be disclosed in a form in which it is identified
with the individual without such individual's written consent to such disclosure,
except to Aging.
2. In the case of a request by Aging 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 Aging for such information shall
be deemed a material breach of this Agreement and shall result in a freeze on all
monies due and owing to the Contractor until compliance by the Contractor.
Administration
1. Overall administration of this program will be the responsibility of the Contractor. The
Contractor or its designee will assure proper implementation and direction of the
service, act as liaison between Aging and the actual service and assure accuracy and
timeliness of submission of all reporting forms and expenditures.
2. Program Staff shall attend meetings and training as requested by Aging.
3. Attendance by site managers at site managers' meetings and training sessions is
mandatory. Transportation to these meetings must be accomplished without
decreasing transportation services to the Program.
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Grievance Procedures
In accordance with §306 (a) (6) (P) of the Older Americans Act, as amended (OAA),
Aging 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 Exhibit 4 -
Grievance Procedures and the Policy and Procedure Manuals.
Monitoring
1. Financial Transactions
Aging'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, etc. and original records. Such staff may make
physical verification by actually observing or counting certain assets (e.g., cash,
equipment and supplies) to establish their physical existence. The Contractor shall
cooperate in Aging's periodic physical verification of cash, food, equipment,
supplies and other assets of the program.
2. Program
The Contractor agrees to permit Aging's staff and staff of the New York State
Office for the Aging to review program records and to monitor training,
supervision and services at any time.
Identifying LOGO
It is the responsibility of the Contractor to have an identifying logo in equal sized lettering on
any printed materials and on all brochures, flyers, and advertisements (including without
limitation television graphics), and on Program vehicles, as follows:
Purchased with Federal Funding:
Funding provided by the
Suffolk County Office for the Aging
and the
U.S. Dept. of Health and Human Services
Through the New York State Office for the Aging
Purchased with State/County Funding:
Funding provided by [the]
Suffolk County [Office for the Aging]
[through the New York State Office for the Aging]*
Any announcement of the Program on radio or television must identify funding by [the]
Suffolk County [Office for the Aging]*, the U.S. Department of Health and Human Services
and/or through the New York State Office for the Aging, as applicable.
*[Omit the words that are not applicable.]
The provisions of this paragraph shall prevail over any conflicting provisions of Exhibit
1, paragraph 27.
p. Soliciting Participant Comments
The Contractor must establish a formal system of soliciting comments from the
participants concerning meals, transportation and supportive services.
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q. Compliance
The Contractor shall comply, and shall require its officers and directors, partners, trustees
or other members of its governing body, and personnel employed to render services under
this Contract, to comply with all applicable rules, regulations and requirements of law,
including without limitation, the Americans with Disabilities Act, and the Technical
Assistance Packet, receipt of a copy of which is acknowledged.
r. Certificate of Incorporation
The Contractor (if not a town or other municipal corporation) shall furnish Aging 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 Aging, 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 Aging.
s. Incident Reporting
The Contractor will report at least verbally to Aging, within 24 hours any incidents
involving all instances of claims, costs, damages, and injuries to persons or property of
whatsoever kind arising out of services provided under this Contract. A written follow-up
of such incidents shall be sent to Aging within 5 days of the occurrence. The Contractor
fiather agrees to send Aging copies of all "notices of claim" relating to the program covered
in this Contract.
Specifications for Congregate Meal Programs
a. The Contractor's preparation site where the food is prepared, processed, and/or packaged
must meet Suffolk County Department of Health Services and/or State Department of
Health regulations. Consistent with these regulations, all food handlers who prepare or
work with food must have a Food Manager's Certificate. Periodic physical examinations
may be required. Further, the Contractor shall assure that such employees observe good
habits of personal hygiene. The Contractor must provide Aging with a copy of the most
recent, and any subsequent reports issued during the term of the Contract, Suffolk County
Department of Health Services Food Establishment Inspection Report. The Contractor
must provide evidence that any violations cited on said report have been corrected and
that the preparation site remains in compliance with Suffolk County Department of
Health Services and/or State Department of Health regulations.
b. The nutrition site shall be open as stated on the Summary Sheet, which is attached and
made part of this Contract; fully staffed, during regular business hours based on local
need and available funding. Holiday schedules are to be posted one month in advance at
the nutrition site. The Contractor shall submit copies of all holiday schedules and staff
vacations to Aging.
c. The Contractor must provide participant transportation as needed and supportive services
as appropriate to the needs and abilities of each participant. Required supportive services
include education and training, information and referral, outreach, public information,
recreation, shopping assistance, socialization and volunteer activities. Nutrition education
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and training must include speakers and/or presentations. Flyers and hand-outs by
themselves are not considered nutrition education.
When viewed as a whole, transportation services must be accessible to people with
disabilities as required by the Americans with Disabilities Act of 1990 (P.L. 101-336)
and the regulations thereunder (49 CFR part 37).
d. The Contractor must abide by standards set forth under both Section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (P.L. 101-
336) and the regulations thereunder (28 CFR Parts 35 and 36) which require that ail
programs and facilities (buildings, restrooms, etc.) must be accessible to the handicapped.
e. The site manager shall work closely with Aging's staff and other local agency staff to
provide a full array of supportive services for participants.
Specifications for Home-Delivered Meal Programs
a. Eligibility must be determined prior to the delivery of service by using the standardized
Comprehensive Assessment Tool (COMPASS - Form) (see also Policy & Procedures
Manual - Appendices). Each client receiving home-delivered meals must be reassessed at
appropriate intervals based on each client's situation, but in no instance less frequently
than at least once in each twelve-month period. The Contractor will also make a six-
month contact in the form of a home visit or a telephone call.
b. The packaging of meals must meet the standards of the Suffolk County Department of
Health Services. Aluminum foil partitioned containers are recommended. In order to
maintain safe food temperatures in delivery, equipment approved by the National
Sanitation Foundation must be purchased. Menus, whenever possible and feasible, should
be sent to the clients.
c. The Contractor must provide supportive services to the homebound client according to
his or her specific needs. The frequency of the supportive services will be determined by
the individuai assessment. Nutritionai counseling and education must be included in this
service.
d. The Contractor shall provide a meal for those holidays and/or weather emergencies that
fall on a weekday. The holiday/emergency meals may be frozen or canned and must be
delivered the last business day before the holiday or weather emergency. In addition, an
emergency supply of shelf-stable food should be made available twice a year for weather
related emergencies. A list of suggested food items is available from Aging. (see Policy
& Procedure Manuals)
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Consultant/Personal Services - HIC Nutrition/SNAP
IFMS No. SC EXE 0000000
001-6790/6797/6774/6777-4980, 6776-3330-95284
GENERAL FOOD SPECIFICATIONS
FOOD SPECIFICATIONS FOR CYCLE MENUS
Mcat or Alternate
Meats - USDA Choice or Better
Preservatives, tenderizers, or coloring agents may not be added to any fresh meat or fresh meat product.
Vegetables and Fruits
All flesh fruits and fresh vegetables must not contain bisulfates.
All flesh fruits and fresh vegetables must be washed.
Fresh Fruit Minimum Size
Oranges I 13
Apples 120
Bananas 150
½ cup represents drained weight of fruits and vegetables
Frozen Vegetables - Grade A - Fancy (USDA)
Canned vegetables - Grade A - Fancy (USDA)
Margarine - from liquid vegetable oil and fortified with Vitamin A
Bread/Alternate - whole grain or enriched
Instant Mashed Potatoes must be fortified with Vitamin C
Milk - Vitamin A & D fortified skim or low-fat milk - 3 days lead time from day of service
Desserts
Gelatin - fortified with Vitamin C
Milk-based puddings used for pudding mix
Canned Fruits - Grade A - Fancy (USDA)
Canned Fruit Juices - Grade A - Fancy (USDA) - fortified with Vitamin C
Frozen Fruits - Grade A - Fancy (USDA)
All foods shall be obtained from State or Federal inspected plants.
Page 13
Sohold NPE new RFQ TEMPLATE 2012
Law No. 13-AG-
· Rev. 3/7/12
Consultant/Personal Services - llIC Nutrition/SNAP
IFMS No. SC EXE 0000000
001-6790/6797/6774/6777-4980, 6776-3330-95284
Contractor's Response to RFQ No. 001/2011/MVK
For Nutrition Programs for the Elderly
Town of Southold
End of Article I
Page 14 .
Sohold NPE new RFQ TEMPLATE 2012
RFQ No. 001/2011/MVK
S~L~ No. Il-AG-020
RFQ For Nutrition Program~ for the Elderly
Section IV
Technical Services Requirements
Nutrition Programs for the Elderly
PROGRAM DESIGN, FACILITIES, DOCUMENTATION, SERVICES AND ACTIVITIES:
1. Prooram Desion: Con~re~ate Meal Proerarn /Home Deh'vered Meal Proprarn
A/B: Food Service and Supportive Services
Southold Town Senior Services is a multipurpose senior center that has provided nutrition and support
services to Southold Town resident's age 60 and older since 1974. The Center is located in the hamlet of
Mattituck and is in close proximity to Mattituck village, public transportation, shopping, banking, etc. We
are planning to open a satellite program at the Town's Recreation Facility at 970 Peconic Lane in Peconic
pending the appropriate approvals fi.om the Suffolk County Office for the Aging and Department of Health.
The Town was awarded a grant fi'om the New York State Office for the Aging in 2010-2011 for senior
center improvements. The funding is allowing us to make necessary repairs and upgrades to our main
Center in Mattituck and purchase new equipment. We will be repurposing existing equipment and furniture
to the Peconic Recreation Center in order to expand our services. This location is desirable because the
Town's Senior Citizen Clubs currently meet bi-monthly at the facility and Peeonic is more centrally located
with close proximity to public transportation for improved access for eastern parts of the township. The
service catchment area for Southold Town's nutritional program is the North Fork of Long Island, an area
of approximately 70 square miles. Because of its vast rural nature, vital transportation is provided to our
senior participants via bus or van. There are 13 vehicles assigned to the Senior Center for the purpose of
delivering meals to the homebound and transporting seniors to the Center, six of which are leased to the
Town by Suffolk County Office for the Aging. Transportation to the satellite center will be considered
based on demand and capacity of existing transportation systems in place. Southold Town is proposing to
continue providing nutrition and supportive services to senior citizens 60 years of age and older. Our intent
is to improve, maintain or delay the decline in their nutritional status while helping them to remain
independent at home and in their commuinty. We currently serve an average of 57 congregate meals and
112 home delivered meals daily.
Our center is a licensed food service establishment with Suffolk County Department of Health (see attached
DOH certificate/Sec. IK I #1). Our dedicated and trained staff of 28 (see attached organizational
chart/Sec.11.1.e and Sec. 11.2 Qualifications and Experience for Assigned Staff) is committed to serving
quality congregate and home delivered meals with a high nutritional value (see attached menus/Sec. IV.I
//4). All meals and supportive services are provided to Sonthold Town residents aged 60+ and meet the
nutritional and regulatory requirements set forth in Program Specifications for Nutrition Programs as
outlined in Article 1 of RFQ. Dietary modifications are provided for special health requirements (diabetic
and low sodium diets). We also reasonably accommodate participants who have particular dietary needs
arising from religious requirements or ethnic backgrounds. All menus are submitted to the Registered
Dietician with Suffolk County Office for the Aging for prior approval.
Our main Center in Mattituck and proposed satellite in Peconic are both fully accessible to persons with
disabilities and are in full compliance with provisions under the Americans with Disabilities Act. The
Center has a maximum capacity allowance of 175 persons and is complete with dining room seating for
100. The Peconic Recreation Center has a maximum capacity of 371 persons with seating for 160 (see
Sec. IE 1.2). We also have a fully equipped commercial kitchen in our primary site and have full generator
back up in the event of a power outage, hi addition to the senior nutrition programs, Southold Senior
Services offers a full range of recreational and comprehensive supportive services to Town residents 60
years of age and older. (Sec. IV.B)
.RFQ No. 001/2011/MVK
SC Law No. Il-AG-020
RFQ For Nutrition Programs for the Elderly
1V. 1. Congregate Meal Program:
Southold Town Senior Nulxition Center is open 5 days a week, Monday through Friday (except for legal
holidays). Our hours of operation are from 8am - 5pm. Our objective is to provide senior residents with a
nutritious daily meal, as well as a community meeting place where they can enjoy recreational programs
and social activities, with full supportive services available on site as needed. We provide regular route,
door to door transportation for seniors within the Town who attend the program. Our goal as forth in Title
III of the Federal Older Americans Act is to improve, maintain and delay the decline in the nutritional status
of persons 60 years of age and older and help them remain independent in their own homes and
communities. All participants are enrolled using the NAPIS Client Registration and data is entered
electronically in SAMS 2000. All meals are cooked on site and meet 1/3 of the R.DA. Meals are served at
12 noon and transportation is available. The suggested confidential voluntary contribution is $4.00 per
meal and no one is denied service due to inability or unwillingness to pay. All participant contributions are
used to expand services. Signs pertaining to the suggested contribution are posted and envelopes are
provided so all participant contributions remain anonymous. A locked box is available for all monies
donated. Our program staff under the direct supervision of our full time Senior Citizens Center Manager,
Jacqueline Martinez, are on site to assist seniors at all times.
Since safety is a high priority, the Senior Center is fully equipped with fire and smoke detection alarms and
fire suppression equipment. We are known to the local fire department (see Sec. IV.l. 6) and are monitored
by the Central Station of Suffolk Security Systems. Fire evacuation plans are posted and fire drills are held
twice yearly. Our Center is inspected regularly and meets all fire safety standards., for areas of public safety.
Congregate Meal Program participants are provided with a packet of instructions to follow in the event ora
weather emergency. In some instances, our Center remains open with no transportation provided. Seniors
are alerted via radio and are called by Center staffto ensure their well being. If the Center is, has an early
closing for a weather related emergency, all seniors are transported to their homes promptly. If the Center
does not open, seniors are alerted via the local radio stations. In the event of extreme heat emergencies,
seniors are offered instructional health/safety materials. Seniors are also notified that the Center operates as
an emergency cooling center when the Town Supervisor declares an extreme heat emergency.
IV. 1. Home Delivered Meal Program:
Southold Town's Nutrition Program furnishes home-delivered meals to senior residents aged 60+ and other
eligible candidates per SCOFA Policies and Procedures Manual. Priority is given to frail, nutritionally at-
risk elderly individuals with the greatest economic or social needs with particular attention to low income
minority, all meals are cooked on site and meet 1/3 of the RDA. Our program adheres to all policies,
procedures and specifications the Nutrition Programs for the Elderly as set forth in Article I of RFQ
Program Specifications for Nutrition Programs. Eligibility is determined prior to the delivery of service by
using the standardized New York Comprehensive Assessment AFM Form. The suggested confidential
voluntary contribution is $4.00 per meal and no senior is denied service for inability or unwillingness to
pay. Participants are provided an envelope weekly for their contribution to ensure contributions remain
anonymous. All data is entered electronically into the SAMS 2000. Each client receiving home-delivered
meals is reassessed minimally at the appropriate 6 month interval receives an in-home annual review in
each 12-month period. The COMPASS Assessment helps determine the supportive services needed and the
frequency of those services and helps us identify those seniors nutritionally at risk.
.RFQ No. 001/2011/MVK
SC Law No. Il-AG-020
RFQ For Nutrition Programs for the Elderly
Home-delivered meals are prepared on site and packaged in three compartment disposable microwavable
trays. Our new Oliver packing system allows seniors to reheat meals in a conventional oven or microwave.
The clear protective seal with safe handling/reheating instructions allows for greater quality control and is
more presentable for seniors. (see attachment Sec. IV.~t.1). All packing and meal delivery procedures meet
the safe food handling standards set forth by Suffolk County Department of Health and Article I of RFQ
Nutrition Program Specifications, (i.e., hot entree's are served at minimum of 140 degrees Fahrenheit with
salad and other cold items served at 42 degrees Fahrenheit or below). The Town currently has five
homebound meal routes throughout our catchment area. Meals are transported in special carders to
maintain required temperatures and delivered in less than 2 hours. Frozen meals are provided for those
holidays and/or weather emergencies that fall on a weekday and are delivered the last business day
beforehand. Additionally, emergency shelf stable meals are distributed at least twice yearly for weather
related emergencies. If the program cannot deliver, all home delivered meal participants are called in the
early morning and notified when drivers cannot deliver. An announcement is also made on the local radio
station. Iftbe Center is closed, seniors are alerted via the local radio stations. All seniors are provided with
a packet of instructions to follow in the event of an emergency, which may result in the Center closing.
Instructions are also distributed for extreme heat emergencies and our Center serves as an emergency
cooling shelter when the Town Supervisor declares a heat emergency. Transportation is available to home
bound seniors to the cooling shelter.
IV. 1.A. Food Service: Congregate Meal Program/Home Delivered Meal Program:
Southold Town Senior Services Nutrition Program has over 37 years experience in providing
institutional food service. Our professional kitchen staffprepares all meals on site. (All meals meet the
RDA and all specifications for nutrition programs set forth in Article I-RFQ). Food is uniformly
portioned and congregate meals are served promptly at noon. Home Delivered Meals are prepared and
packed out by 10a.m. and all delivery routes are under 2 hours. Policies and procedures food safe food
handling and transport are strictly adhered to and monitored regularly. The kitchen is a fully equipped
commercial kitchen and offers suitable storage for food supplies, dry goods, and frozen and refrigerated
food products. All food and supplies are ordered in bulk for optimal pricing and availability. The
Center follows the Town's procurement policy as set forth in General Municipal Law Section 103,
relative to formal bidding of food, supplies and equipment. Inventory control procedures are also in
place for monitoring equipment use and condition, hi addition, all foods and related supplies are
inventoried and rotated routinely to ensure optimal quality. The Center services an average of 57
congregate and 112 home delivered meals daily, Monday through Friday.
o
Southold Town Senior Services employs a fully trained/credentialed kitchen staff consisting of a Senior
Cook, Assistant Cook, and four Food Service Workers. All kitchen operations are directly supervised
by our Senior Citizen's Center Manager. No component of our food service operation will be
subcontracted to outside services.
3. No variation from the proposed program plan is anticipated.
IV.1. B. Supportive Services: Congregate Meal Program/Home Delivered Meal Program:
In addition to our nutrition programs, seniors are provided with a comprehensive array of support
services designed to meet their many needs. Recreation programs, activities, trips and special events are
offered regularly. Community outreach and monthly wellness education programs are provided along with
individual case management service and entitlement counseling. Caregiver support groups and education
programs are offered along with full day Senior Adult Day Care.
RFQ No. 001/2011/MVK
SC Law No. II-AC.020
RFQ For Nutrition Programs for the Elderly
Residential Repair Program is available to assist seniors with minor home repairs. We also have an RSVP
Telephone Reassurance Program in which volunteers provide daily phone contact to homebound seniors.
East End Hospice offers a 16 week bereavement support group annually and we host an annual health and
wellness fair yearly which is open to our community. All programs are listed on the Town of Southold's
website ~southoldtown. north fork. net with e-mail links to designated program staff .The Town's Data
Control Department enters all of our current information on Cablevision's Government Channel 22 to
televise community announcements, menus, activities, and special events. The Suffolk Times Newspaper
also features many of our events at no cost in their Community Events/Calendar section. In addition to
regular route transportation services to the Center, we also provide essential demand responsive
transportation for seniors to medical appointments, grocery shopping, banking, etc. All support
services/activities are printed on a monthly calendar, posted at the Center on bulletin board and distributed
to all homebound meal recipients.
IV. 1.C.Transportation: Congregate Meal Program/Home Delivered Meal Program
Southold Town Senior Services provides both "Regular Route" and "Demand Responsive" transportation.
Regular route, door to door service is provided to and from the Senior Center daily. Regularly scheduled
trips for shopping, senior citizen club meetings and recreational events fall under this service category.
Demand responsive transportation is reserved for essential medical appointments. Driver escort assistance is
provided and appointments are made on a reservation basis. Transportation services are available to all
seniors 60+ residing in Southold Town. We currently have 13 vehicles dedicated to this program, five of
which are handicapped/wheelchair accessible. Service is not restricted to Town boundaries and we often
transport seniors for medical services to Riverhead and points west as far as Stony Brook University
Hospital. We have experienced an increased demand for transportation services since last year and have
worked diligently to service the needs of our senior residents to meet this demand.
IV.1.C.Targeting: Home Delivered Meal Program
1V.I.D.Targeting: Congregate Meal Program
Targeting the low-income minority elderly living in Southold Town, particularly in the Village of Greenport
(4% of seniors in our catchment area in this category) remains a high priority. By increasing our visibility
and expanding access to services, we continue our focus on reaching as many seniors as possible that need
and will benefit from our program, particularly the fi.ail, low-income and low income minority elderly who
are nutritionally at-risk. According to the 2000 U.S. Census, 4% of the elderly residents in Southold Town
are minority. From January 2011 to date, we served 3.5% minority seniors in our combined nu~ition
programs. Two new initiatives for 2011 include the establishment of a satellite nutrition program at the
Peconic Recreation Center which is made possible through a NYSOFA grant for improvements to senior
centers. The grant award is allowing us to equip the newly renovated Peconic Center with the appropriate
food service set up and make necessary repairs to our main center in Mattituck. Given its more central
location and closer proximity to Greenport, we are hoping to improve access to minority seniors who would
have less distance to travel. The Peconic Center also serves as the venue for the town wide senior club
meetings two times monthly and our initial plan is to provide lunch on site to eligible seniors. If there is a
demonstrated need for transportation services, a regular route bus run will be considered. We are looking
forward to working with SCOFA in implementing this satellite program pending the necessary approvals.
Linda Ortiz was appointed as Director for Community Action for Sonthold Town (CAST) this past year and
has been active in reaching out to our staff on referrals involving individuals 60 years of age and older,
particularly low income minority elderly. Since CAST serves a large minority component, this is a very
effective community linkage. CAST is also provided regular access to our community services room at the
Center.
.RFQ No. 001/2011/MVK
SC Law No. Il-AG-020
RFQ For Nutrition Programs for the Elderly
Ms. Ortiz and I are developing a plan for a cooperative program in which minority seniom using CAST
services will be picked up at the Greenport office and accompanied to our senior center for lunch
regularly or to our satellite program in Peconic when available. Ms. Ortiz reports that many of the minority
seniors who come to her office do not disclose their physical addresses for a variety of reasons but would ~
come to the nutrition center if introduced to the program gradually. Our Senior Center Manager, Jacqueline
Martinez is fluent in Spanish and will accompany me to present to the Hispanic Parish Ministry at St. Agues
Chumh in Greenport. The weekly Spanish masses and community meetings held on Saturday evenings will
provide an effective venue for expanded outreach. Plans are also being formulated to provide on-site
outreach at the CAST office in Grecnport to strengthen our targeting efforts.
In 2010, Southold Senior Services partnered with the North Fork Woman to Woman Fund in their
NYSOFA's Community Empowerment Aging in Place Grant Program to expand and enhance awareness
and service delivery to the lesbian community on the North Fork. We are also working closely with the
SAGE (Services and Advocacy for Gay Elders) Long Island organization to expand their activities and
services to the LGBT community on the East End. Currently the group meets at the Center bi-monthly for
socialization and a late afternoon lunch. Meals are provided to eligible seniors in the group and they are
provided the opportunity to make a voluntary and anonymous contribution. Ineligible participants must pay
the guest price. An additional target population is the kosher population. Outreach efforts will include
contact with the Rabbi at the Tifereth Israel Synagogue in Greenport to schedule an informational
presentation to the congregation.
On going activities to broaden our community outreach, include daily public service announcements on
Cablevision Channel 22 - Government Access Television and WLNG-Radio/92.1FM. In addition to our
current print materials, ie, brochures, newspapers, senior center menus and activity calendars, we are now
featured in Eastern Long Island Hospital's newsletter along with Seniors Options and Solutions Program.
(SOS). The newsletter, which has a town wide distribution, will has a dedicated section for seniors
highlighting the programs and services available to them. Eastern Long Island Hospital's SOS Program also
provides monthly wellness seminars at the Senior Center in conjunction with the Mental Health Association
of Suffolk. Tins program is funded under the NYS-OMH Mental/Physical Health Integration Grant
administered by South Oaks Hospital. We provide round trip transportation to any interested senior in
Southold Town. All menus and activities are posted weekly on the Town's official website at
southoldtown.northfork, net. We also continued our contract with King Kullen Pharmacy to print our
program information on 24,000 prescription bags for 2011. We also employ ongoing outreach efforts to
medical facilities, doctor's offices, senior citizen club meetings, local churches, and other special groups or
organizations that focus on serving our senior population. Suffolk County Office for the Aging has also
assisted us in our outreach efforts. We also continue existing practices of public service announcements,
distribution of program and informational brochures and activities calendar throughout the Town, ongoing
program announcements in the Suffolk Times Community Calendar page and Senior Sourcebook. We also
employ ongoing outreach activities including informational presentations by program staff and/or
distribution of print material to medical facilities, doctor's offices, senior citizen club meetings, local
churches, and other special groups or organizations that focus on serving our senior population. Suffolk
County Office for the Aging has also assisted us in our outreach efforts.
The second initiative is the establishment of a new town wide interdepartmental GIS (Geographic
Information System). This new geographic information system will allow us to review and analyze service
data to improve our outreach efforts by allowing us to clearly identify and target underserved areas and
current delivery patterns. This system will also be useful in setting up a more efficient regular route
transportation system to both nutrition sites. An added feature of superimposing mapping applications will
provide us the opportunity to identify seniors in low lying areas and flood zones for improved emergency
preparedness planning.
.RFQ No. 001/2011/MVK SC Law No. II-AG-020
RFQ For Nutrition Programs for the Elderly
IV.D. Coordination: Home Delivered Meal Program
IV.E. Coordination: Congregate Meal Program
Southold Town sponsors a monthly meeting of the Town's Committee on Health Care Issues and the
Elderly. The committee meets regularly and has a diverse group membership of 28 agencies representing
health care and community service providers from both the private and public sectors. The meeting
provides networking opportunities for professionals and allows for a valuable exchange of information and
coordination of the resources available to our senior population. The committee also provides a mechanism
for minimizing duplication of programming for improved services to seniors. Within our agency, the
Compass/SAMS assessments allow us to maintain a comprehensive record on each client we serve and
assist in optimizing coordination with formal service providers. Our professional staffreviews and
discusses our clientele at regular intervals in order to develop the most appropriate, individualized care plan
and follow-up services. Program staffshares common office space, which provides for optimal information
exchange and improved coordination of service. A confidential log sheet is maintained in our main office
that reflects daily status changes that occur with each individual client. Program staff accesses this log
daily and provides follow-up accordingly. The log serves as an internal mechanism to reduce duplication of
services provided to our program participants by our staff.
In 2009, Southold Town Senior Services partnered with Easteam Long Island's Geriatric Center of
Excollence in the development and implementation of a senior community needs survey. Data from 400
respondents (including Fishers Island) was used to evaluate the effectiveness of existing programs and
services and client satisfaction. Transportation and available in-home care and related costs continue to be a
concern for many seniors. In 2010 a focus group was formed and members of ELIH staffand local
community members, business people and local government representatives convened to assist the Town of
Southold in the future development of the Human Services Chapter Southold Town's 2020 Comprehensive
Plan for Human Services. Partnerships were also developed with South Oaks Hospital, The Mental Health
Association of Suffolk County and ELII-I Senior Options and Solutions Program to implement the NYS
Geriatric Mental/Physical Health Integration Grant. In 2010, 736 mental health screenings through pr/mary
care physicians were completed along with 74 assessments and 568 direct client contacts and 992
coordinated service referral contacts. In 2011 Southold Town Senior Services received $9,000 in funding
to support transportation costs related to the co-location of services as part of this initiative. Seniors enrolled
in our Congregate Meals Program benefit directly fi'om these on-site services as well as the monthly senior
wellness classes provided through this grant. In 2010, 11 programs were offered with 186 seniors
participating. Home Delivered Meals recipients also benefitted from available in-home counseling services
at no cost. In 2011, ELIIt Geriatric Center of Excellenco will focus on a new networking program with
Southold Senior Services for improved coordination with discharge planners on in-patient follow-up and
discharge support for seniors accessing the emergency room resulting in a non-admission. These seniors
who often frequent the ER, are at particular risk and without admission to the hospital, comprehensive
assessment of community based needs is not done. Juliet Frodella, Director of the Senior Options and
Solutions Program will work closely with Senior Services in identifying and developing protocols for
further evaluation, referral and linkage to appropriate community based programs and services for seniors
at-risk.
In 2009, Southold Town Senior Services opened a Community Services Room to improve access to
services for seniors on the north fork. Dedicated office space, with phone and computer support is provided
to agencies offering services to seniors at no cost. Current on-site providers include SCOFA Advocate,
ELIH Senior Options and Solutions, CAST, Suffolk County Departments of Labor and Veterans Services
(by appointment), RSVP Telephone Reassurance Program, Touro Law School Senior Citizen Law Project
and Mental Health Association of Suffolk.
.RFQ No. 001/2011/MVK
SC Law No. Il-AG-020
RFQ For Nutrition Programs for the Elderly
IV.F. NAPIS Client Registration: Congregate Meal Program
IV.E.Comprehensive Assessment AFM Form (COMPASS) :Home Delivered Meal Program
Phyllis Markopoulos, LMSW and Heather Piscatelli, LMSW, serve as our primary COMPASS/SAMS in-
home assessors. Both are well qualified and are proficient in their duties with extensive experience in
working with seniors. In addition, our Senior Citizen Center Manager, Jacqueline Martinez, MSW and
Senior Adult Day Care Supervisor, Jean DeLorme, B.S. and Karen McLaughlin, B.A., Director of Human
Services are also proficient in completing Compass/SAMS assessments and can offer assistance as needed
to avoid service interruption or delay. Client assessments (COMPASS/SAMS) are completed on all seniors
who request home delivered meals. Service is initiated when a client, family member or other service
provider makes a referral by calling the Center. An intake is completed with basic information provided
and an initial home visit is scheduled with the senior and their family as necessary to complete the full
client assessment. Once eligibility is determined after the in-home visit, the client is provided service in a
timely manner. Comprehensive assessment data is entered electronically in the SAMS 2000 program by
program and clerical support staff th~at are specifically trained in the SAMS system. Each client is provided
with a packet of information, which includes our program policies and procedures, and a complete list of
the supportive services we offer. Follow up contact is made by telephone no later than six months after
service begins and an in home visit at least once annually by our assessment staff. (See attached
resumes/section lI. 2.a andlV. H. 5).Event -based reassessments are conducted within 5 days of the time in
which a change occurs regarding the appropriateness of the current care plan.
For Congregate Meal Program participants, A NAPIS Client Registration is completed annually, reviewed
and uploaded on the SAMS 2000 program by the appropriate program staff. NAPIS Client Registrations are
reviewed by Senior Center Manager, Jacqueline Martinez, prior to data entry. Once registrations are
reviewed, information is entered and/or updated electronically by Ms. Martinez or trained support staff
responsible for client data entry and related reports. All data is entered completely by the 12th of each month
for the previous month's information. Cheryl Kaswell, Account Clerk Typist (with our agency for over 9
years) and Christine Droskoski, Clerk Typist (with our program for 15 years) have been trained in SAMS
and are proficient with the Suffolk County approved computer systems. Technical assistance has been
provided by SCOFA on a regular basis so all staffremains proficient in current applications. All computer
equipment is suitable for SAMS purposes and is upgraded as required by our Data Control Department.
IV.G. Other Resources: Congregate Meal Program
IV.F. Other Resources: Home Delivered Meal Program
As a division of Southold Town government, Senior Services is afforded the many services and resources of
the Town. Our building cleaning and maintenance, both interior and exterior is provided by our
Department of Public Works. The Towns Accounting and Finance Department processes all vouchers,
revenues, expenses, payroll and financial records. All financial and audit reports are available for review on
the Accounting Department's link on the Town's website. The Town Police Department provides
emergency assistance as needed and maintains regular contact with the Center. Police Department
personnel also make appropriate referrals to our department for frail elderly residents at risk. Our
Recreation Department provides an army of trips and recreational activities open to seniors. They also have
a very active Senior Citizen Clubs that meet regularly. Many of our program participants benefit from
senior club membership. The Assessors Office provides home visits to assist seniors in completing senior
tax exemption and STAR applications. Our Town Supervisor is very supportive of our program and handles
all public notices and special events and is involved in program development.
.RFQ No. 001/2011/MVK
SC Law No. II-AG-020
RFQ For Nutrition Programs for the Elderly
Southold Town's Emergency Response Plan is on file with the Suffolk County Office of Emergency
Services as mandated. The Senior Services Director serves as Deputy Coordinator of the Emergency
Management Team for Southold Town. The Human Resource Center is a designated non-medical special
needs evacuation shelter for the Town. The Senior Center and Katinka House buildings are equipped with
emergency generators and our on-call staffis well trained in working with the elderly. Katinka House, our
social model adult day care program will serve as a shelter for cognitively impaired/fi.ail seniors without
special medical needs. The Town Supervisor acts as the Emergency Manager for Southold Town. He
declares a state of emergency and mobilizes the emergency management team. The local Emergency
Operations Center (EOC) is the clearing house for all calls. The EOC identifies the need and directs
individuals to the appropriate services. The Senior Center staffhas a list of seniors that are identified as
high priority for evacuation and the Senior Center Director and staffcall the seniors and notify the local
EOC. In addition to registration for special needs available in mailings or on the Town's website, all home
delivered participants are provided the opportunity to register and be screened by the Town's Emergency
Management Committee. Seniors with special medical needs will be referred to the Suffolk County JEEP
(Joint Emergency Evacuation Program). The volunteer fire departments coordinate transportation to the
evacuation center. Seniors with special medical needs are transported to the medical special needs shelters
designated by the Town of Southold and Suffolk County Joint Emergency Evacuation Program (Currently
Peconic Landing and San Simeon by the Sound are medical special needs shelters). Those seniors without
special needs are directed to the general evacuation centers at their local schools. The Town will maintain
and update the data bases regularly so information remains current.
Senior Service also coordinates with outside agencies and human service providers that serve the senior
population of Southold. Our agency has frequent contact and coordinates many services with the following
agencies: San Simeon Nursing Home, Eastern Long Island Hospital, Peconic Bay Medical Center, Peconic
Landing, EEGO and SAGE L.I., North Fork Women for Women Fund, Dominican Sisters Home Health
Care; Lewin Agency; Utopia; Peconic Bay Home Health Care; Catholic Charities; North Fork Parish
Outreach; North Fork Housing Alliance; Community Action of Southold Town (CAST);American Red
Cross; RSVP, Family Service League of Suffolk; Suffolk County Office for the Aging; Suffolk County
Department of Social Services; Adult Protective Services and Medicaid Unit; Social Security
Administration and EPIC.
Our Center is also a host site for our local high school districts for community service projects and a work
experience placement site for Medical Interns and Resident Physicians fi.om Stony Brook University
Hospital, Physician Assistants Students fi.om Touro College and Gerontology students fi.om St. Joseph's
College and St. Bonaventure University. Other volunteer opportunities are available to seniors with the
Telephone Reassurance administered on-site by the Retired Senior Volunteer Program and our Social
Model Adult Day Care Program, Katinka House.
IV.H.Contribution Policy: Congregate Meal Program
IV.G. Contribution Policy: Home Delivered Meal Program
Seniors participating in our nutrition programs are informed of their opportunity to make a voluntary and
confidential contribution for the cost of the meal. For Congregate Meal Program participants, a
contribution sign is posted and visible that states our funding sources, our sponsoring agency (SCOFA), our
$4.00 suggested contribution, and the fact NO one is ever denied a meal due to unwillingness or inability to
pay. Envelopes are provided for their anonymous contributions and placed next to a locked box in a corner
ofthe dining room. Seniors plaee their contribution in the box ifthey desire. For Home Delivered Meal
Program participants, an unmarked envelope is provided by their driver on Thursdays with their meal.
Clients have an opportunity to return their envelope to their driver, who returns it to the designated Center
.RFQ No. 001/2011/MVK SC Law No. Il-AG-020
RFQ For Nutrition Programs for the Elderly
staff. Seniors and/or their families may also mail their contribution if they prefer. All homebound meal
recipients are given a letter prior to start of service and annually thereafter, explaining our contribution
policy and procedures and suggested donation of $4.00 per meal. The letter clearly states that all
contributions are voluntary and anonymous and that NO one will be denied service for inability or
unwillingness to pay. All nutrition program participants are also informed that all contributions are used to
expand services. Suffolk County Office for the Aging and New York State Office for the Aging are
referenced as funding sources on all print material distributed to clients and available to the community.
IV.I.Documentation: Congregate Meal Program
The following documentation is included as attachments and referenced in our proposal.
1. Permit from Suffolk County Department of Health Services
2. Permit Southold Town Building Department
3. Food Managers' Certificates
4. Sample Menus.
5. One month activity schedules and list of support services
6. Written Notification to Local Fire department
IV.H. Documentation: Home Delivered Meal Program
The following documentation is included as attachments and referenced in our proposal.
1. Permit from Suffolk County Health Department
2. Permit from Southold Town Building Department
3. Food Managers' Certificates
4. Sample Menus
5. Resumes for Home Delivered Meals Assessors.
Law No. 13-AG-
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Article II
Financial Terms and Conditions
1. Conflicting Provisions
In the event of any conflict between any
provision in this Article II and an exhibit to this
contract, the exhibit shall prevail unless it is
expressly stated in the conflicting provision in
this Article II, that it shall prevail over the
exhibit.
2. General Payment Terms
Presentation of Suffolk
County Payment Voucher
In order for payment to be made
by the County to the Contractor
for the Services, the Contractor
shall prepare and present a
Suffolk County Payment
Voucher ("Voucher"), which
shall be documented by
sufficient, competent and
evidential matter.
b. Voucher Documentation
The Suffolk County Payment
Voucher shall list all information
regarding the Services and other
items for which expenditures
have been or will be made in
accordance with the Contract.
Either upon execution of the
Contract (for the Services
already rendered and
expenditures already made), or
not more than thirty (30) days
at~er the expenditures were
made, and in no event a~er the
31st day of January following the
end of each year of the Contract,
the Contractor shall furnish the
County with detailed
documentation in support of the
payment for the Services or
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expenditures under the Contract
e.g. dates of the Service,
worksite locations, activities,
hours worked, pay rates and
program budget categories. The
Suffolk County Payment
Voucher shall include time
records, certified by the
Contractor as tree and accurate,
of all personnel for whom
expenditures are claimed during
the period. Time and attendance
records of a project director, if
any, shall be certified by the
Chairperson, President or other
designated member of the Board
of Directors of the Contractor.
All Suffolk County Payment
Vouchers must bear a signature
as that term is defined pursuant
to New York State General
Construction Law §46 by duly
authorized persons, and
certification of such
authorization with certified
specimen signatures thereon
must be filed with the County by
a Contractor official empowered
to sign the Contract.
Disbursements made by the
Contractor in accordance with
the Contract and submitted for
reimbursement must be
documented and must comply
with accounting procedures as
set forth by the Suffolk County
Department of Audit and
Control. Documentation,
including any other form(s)
required by County or the
Suffolk County Department of
Audit and Control, shall be
furnished to the County pursuant
to, and as limited by, the
Regulations for Accounting
Procedures for Contract
Agencies of the Suffolk County
Department of Audit and
Control. In addition to any other
remedies that the County may
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have, failure to supply the
required documentation will
disqualify the Contractor from
any further County contracts.
c. Payment by County
Payment by the County shall be
made within thirty (30) days
after approval of the Voucher by
the Comptroller.
d. Final Voucher
The acceptance by the
Contractor of payment of all
billings made on an approved
voucher shall operate as and
shall be a release of the County
from all claims by the
Contractor through the d.ate of
the Voucher.
Agreement Subject to
Appropriation of Funds
a. The Contract is subject to the
amount of funds appropriated each fiscal
year and any subsequent modifications
thereof by the County Legislature, and
no liability shall be incurred by the
County beyond the amount of funds
appropriated each fiscal year by the
County Legislature for the Services.
b. If the County fails to receive
Federal or State funds originally
intended to pay for the Services, or to
reimburse the County, in whole or in
part, for payments made for the
Services, the County shall have the sole
and exclusive right to:
i.) Determine how to pay
for the Services;
ii.) Determine future
payments to the
Contractor; and
IFMS No. SC EXE 0000000
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iii.) Determine what
amounts, if any, are
reimbursable to the
County by the
Contractor and the
terms and conditions
under which such
reimbursement shall be
paid.
c. The County may, during the
Term, impose a Budget Deficiency Plan.
In the event that a Budget Deficiency
Plan is imposed, the County shall
promptly notify the Contractor in
writing of the terms and conditions
thereof, which shall be deemed
incorporated in and made a part of the
Contract, and the Contractor shall
implement those terms and conditions in
no less than fourteen (14) days.
Comptroller's Rules and
Regulations for Consultant's
Agreements
a. 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 County shall provide the Contractor
with a copy of any amendments to the
"Comptroller's Rules and Regalations
for Consultant's Agreements" during the
term of the Contract.
b. The Contractor agrees to
maintain its accounts in the performance
of the Contract in accordance with
generally accepted accounting
principles, and as may otherwise be
directed by the Comptroller.
c. The Contractor agrees to retain
all accounts, records and other
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documents relevant to the Contract for
six (6) years after final payment.
d. All payments made under the
Contract are subject to audit by the
Comptroller. If such an audit discloses
overpayments by the County to the
Contractor, within thirty (30) days after
the issuance of an official audit report
by the Comptroller, the Contractor shall
repay the amount of such overpayment
by check to the order of the Suffolk
County Treasurer.
Specific Payment Terms and
Conditions
a. Budget Modification
i.)
The parties shall use the
Contract Budget
Modification Request
form ("Budget
Modification") for
revisions to the Budget
and Services not
involving an increase to
the total cost of the
Contract. The
Contractor shall submit
to the County the
Budget Modification
proposed revisions for
either Budget or the
Services. Such request
must be made in
advance of incurring
any expenditure for
which the revision is
needed.
ii.)
When the County and
the Contractor agree as
to such revisions, the
Contractor shall execute
the Budget
Modification form. Thc
Contractor shall return
IFMS No. SC EXE 0000000
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it to the County for
execution.
iii.)
Upon complete
execution of the Budget
Modification form, the
County shall return a
copy to the Contractor.
The revision shall not
be effective until the
Budget Modification is
completely executed.
iv.)
The Budget
Modification form may
be submitted only twice
per calendar year and
may only be submitted
prior to November 15th
of that year.
Budget and/or Services
Revisions
i.)
ii.)
The parties shall use the
Contract
Budget/Services
Revision Approval
Form (Budget/Services
Revisions) for revisions
to the Budget and
Services involving any
change to the total cost
of the Contract via
resolution of the
Legislature or by the
County's adopted
annual budget. The
Contractor shall submit
to the County, proposed
revisions for either
Budget or any necessary
changes of Services to
be provided.
When the County and
the Contractor agree as
to such revisions, the
Contractor shall execute
the Budget/Services
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c. Taxes
IIIC Nutrition/SNAP
Revisions form. The
Contractor shall return
it to the County.
Upon complete
execution of the form
by the parties, the
County shall return a
copy to the Contractor.
The revision shall not
be effective until the
Budget/Services
Revisions is completely
executed.
bo
The charges payable to the
Contractor under the Contract
are exclusive of federal, state,
and local taxes, the County
being a municipality exempt
from payment of such taxes.
Personnel Salaries, Pension and
Employee Benefit Plans, Rules and
Procedures
Upon request, the Contractor
shall submit to the County a
current copy, certified by the
Contractor as true and accurate,
of its:
i.) salary scale for all
positions listed in the Budget;
ii.) personnel rules and
procedures;
iii.) pension plan and any
other employee benefit plans or
arrangements.
The Contractor shall not be entitled to
reimbursement for costs under any
pension or benefit plan the Comptroller
deems commercially unreasonable.
IFMS No. SC EXE 0000000
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Notwithstanding anything in this
paragraph 3 of this Article II, the
County shall not be limited in requesting
such additional financial information it
deems reasonable.
Accounting Procedures
The Contractor shall maintain accounts,
books, records, documents, other
evidence, and accounting procedures
and practices which sufficiently and
properly reflect all direct and indirect
costs of any nature expended in the
performance of the Contract, in
accordance with generally accepted
accounting principles and with rules,
regulations and financial directives, as
may be promulgated by the Suffolk
County Department of Audit and
Control and the Department. The
Contractor shall permit inspection and
audit of such accounts, books, records,
documents and other evidence by the
Department and the Suffolk County
Comptroller, or their representatives, as
often as, in their judgment, such
inspection is deemed necessary. Such
right of inspection and audit as set forth
in subparagraph b. below shall exist
during the Term and for a period of
seven (7) years after expiration or
termination of the Contract.
The Contractor shall retain all accounts,
books, records, and other documents
relevant to the Contract for seven (7)
years after final payment is made by the
County. Federal, State, and/or County
auditors and any persons duly
authorized by the County shall have full
access and the right to examine any of
said materials during said period. Such
access is granted notwithstanding any
exemption from disclosure that may be
claimed for those records which are
subject to nondisclosure agreements,
trade secrets and commercial
information or financial information that
is privileged or confidential.
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ew
The Contractor shall utilize the accrual
basis of accounting and will submit all
financial reports and claims based on
this method of accounting during the
Term.
8. Audit of Financial Statements
aw
All payments made under the Contract
are subject to audit by the Comptroller
pursuant to Article V of the Suffolk
County Charter. The Contractor further
agrees that the Comptroller and the
Department shall have access to and the
right to examine, audit, excerpt, copy or
transcribe any pertinent transactions or
other records relating to services under
the Contract. If such an audit discloses
overpayments by the County to the
Contractor, within thirty (30) days after
the issuance of an official audit report
by the Comptroller or his duly
designated representatives, the
Contractor shall repay the amount of
such overpayment by check to the order
of the Suffolk County Treasurer or shall
submit a proposed plan of repayment to
the Comptroller. If there is no response,
or if satisfactoE¢ repayments are not
made, the County may recoup
overpayments from any amounts due or
becoming due to the Contractor from the
County under the Contract or otherwise.
The provisions of this paragraph shall
survive the expiration or termination of
the Contract.
Ow
Financial Statements and Audit
Requirements
aw
Notwithstanding any other reporting or
certification requirements of Federal,
State, or local authorities, the Contractor
shall obtain the services of an
independent licensed public accountant
or certified public accountant (the
"Auditor") to audit its financial
statements for each Contractor's "fiscal
IFMS No. SC EXE 0000000
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bJ
year" in which the Contractor has
received, or will receive, three hundred
thousand ($300,000.00) dollars or more
from the County, whether under the
Contract or other agreements with the
County, and shall submit a report to the
County on the overall financial
condition and operations of the
Contractor, including a balance sheet
and statement of income and expenses,
attested by the Auditor as fairly and
accurately reflecting the accounting
records of the Contractor in accordance
with generally accepted accounting
principles. The Contractor may solicit
requests for proposals from a number of
qualified accounting firms and review
carefully the costs of, and qualifications
for, this type of work before selecting
the Auditor.
The Auditor should be required to meet
the following minimum requirements:
i.) a current license issued
by the New York State
Education Department;
ii.) sufficient auditing
experience in the
nonprofit, governmental
or profit-making areas,
as applicable; and
iii.) a satisfactory peer
review issued within not
more than three (3)
years prior to the date
when the Auditor was
selected to conduct the
audit.
The audit must be conducted in
accordance with generally accepted
governmental auditing standards.
Financial statements must clearly
differentiate between County-funded
programs and other programs that the
Contractor may be operating. The use
of subsidiary schedules should be
encouraged for this purpose. The
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Auditor must also prepare a
Management Letter based on the audit.
In the event the Contractor is a non-
profit organization or unit of local
government and expends five hundred
thousand ($500,000.00) dollars or more
of Federal monies, whether as a
recipient expending awards received
directly from Federal awarding
agencies, or as a subrecipient expending
Federal awards received from a pass-
through entity, such as New York State
or Suffolk County, during any fiscal
year within which it receives funding
under the Contract, the audit must be
conducted, and the audit report ("Single
Audit Report") must be, in accordance
with OMB Circular No. A-133 (revised
June 27, 2003). Singla Audit Reports
must also be submitted to the designated
clearinghouse, cognizant agency and/or
pass-through entity, to the extent
required by the OMB Circular referred
to above.
The Contractor must submit to the
County a statement in writing, certified
by its chief financial officer, which
states the amount of Federal funding
expended by the Contractor during such
fiscal year. The Contractor must mail or
deliver the certified statement to the
Department and to the Executive
Director of Auditing Services, Suffolk
County Department of Audit and
Control, H. Lee Dennison Building, 100
Veterans Memorial Highway, P. O. Box
6100, Hauppauge, New York
11788-0099, as soon as possible after
the end of the Contractor's fiscal year.
The statement must include all Federal
funding received directly from the
Federal government and all Federal
funds passed through from the County
and other pass-through entities.
Copies of all financial statements,
Management Letters, Single Audit
Reports and other audit reports must be
transmitted to the County and to the
IFMS No. SC EXE 0000000
001-6790/6797/6774/6777-4980, 6776-3330-95284
10.
Executive Director of Auditing Services
at the address set forth above. The
reports must be submitted within thirty
(30) days after completion of the audit,
but in no event later than nine (9)
months after the end of the Contractor's
fiscal year, to which the audit relates.
These requirements do not preclude the
County, the Comptroller, or their
authorized representatives, or Federal or
State auditors from auditing all records
of the Contractor. Therefore, the
records of the Contractor must be made
available to authorized representatives
of Federal, State and County
government for that purpose.
The provisions of this paragraph shall
survive the expiration or termination of
the Contract.
Furniture, Fixtures, Equipment,
Materials, Supplies
Purchases, Rentals or Leases
Requiring Prior Approval
Prior to placing any order to pumhase,
rent or lease any furniture, fixtures, or
equipment valued in excess of one
thousand dollars ($1,000.00) per unit for
which the Contractor will seek
reimbursement from the County, the
Contractor shall submit to the County a
written request for approval to make
such a proposed pumhase, rental or
lease, with a list showing the quantity
and description of each item, its
intended location and use, estimated unit
price or cost, and estimated total cost of
the proposed order. Written approval of
the County shall be required before the
Contractor may proceed with such
proposed purchase, rental or lease of
furniture, fixtures or equipment. All
items purchased must be new or like
new unless specifically described
otherwise in the Budget.
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Purchase Practices/Proprietary
Interest of County
i.)
The Contractor shall follow thc
general practices that are
designed to obtain furniture,
fixtures, equipment, materials,
or supplies at the most
reasonable price or cost
possible.
ii.)
The County reserves the right to
purchase or obtain furniture,
fixtures, equipment, materials,
or supplies for the Contractor in
accordance with the
programmatic needs of the
Contract. If the County
exercises this right, the amount
budgeted for the items so
purchased or obtained by the
County for the Contractor shall
not be available to the
Contractor for any purpose
whatsoever. Title to any such
items purchased or otherwise
obtained by the County for the
programs encompassed by the
Contract and entrusted to the
Contractor, shall remain in the
County.
iii.)
The County shall retain a
proprietary interest in all
furniture, removable fixtures,
equipment, materials, and
supplies purchased or obtained
by the Contractor and paid for
or reimbursed to the Contractor
pursuant to the terms of the
Contract or any prior agreement
between the parties.
iv.)
The Contractor shall attach
labels indicating the County's
proprietary interest or title in all
such property.
IFMS No. SC EXE 0000000
001-6790/6797/6774/6777-4980, 6776-3330-95284
do
County's Right to Take Title and
Possession
Upon the termination or expiration of
the Contract or any renewal thereof, the
discontinuance of the business of the
Contractor, the failure of the Contractor
to comply with the terms of the
Contract, the bankruptcy of the
Contractor, an assignment for the
benefit of its creditors, or the failure of
the Contractor to satisfy any judgment
against it within thirty (30) days of filing
of the judgment, the County shall have
the right to take title to and possession
of all furniture, removable fixtures,
equipment, materials, and supplies
referred to in subparagraph 7(b) above
and the same shall thereupon become
the property of the County without any
claim for reimbursement on the part of
the Contractor.
Inventory Records, Controls and
Reports
The Contractor shall maintain proper
and accurate inventory records and
controls for all such furniture,
removable fixtures and equipment
acquired pursuant to 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 records. A report setting forth
the results of such physical count shall
be prepared by the Contractor on a form
or forms designated by the County,
certified and signed by an authorized
official of the Contractor, and one (1)
copy thereof shall be delivered to the
County within five (5) days after the
date set for the aforesaid physical count.
Within five (5) days after the
termination or expiration date of the
Contract, the Contractor shall submit to
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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 physical count of all items of
furniture, removable fixtures and
equipment on the aforesaid expiration
date, and revised, if necessary, to
include any inventory changes during
the last three (3) months of the Term.
Protection of Property in
Contractor's Custody
The Contractor shall maintain vigilance
and take all reasonable precautions to
protect the furniture, fixtures,
equipment, material or supplies in its
custody against damage or loss by fire,
burglary, theft, disappearance,
vandalism, or misuse. In the event of
burglary, theft, vandalism, or
disappearance of any item of furniture,
fixtures, equipment, material or
supplies, the Contractor shall
immediately notify the police and make
a record thereof, including a record of
the results of any investigation which
may be made thereon. In the event of
loss of or damage to any item of
furniture, fixtures, equipment, materials,
or supplies from any cause, the
Contractor shall immediately send the
County a detailed written report thereon.
f.
Disposition of Property in
Contractor's Custody
Upon termination of the County's
funding of any of the Services covered
by the Contract, or at any other time that
the County may direct, the Contractor
shall make access available and render
all necessary assistance for physical
removal by the County or its designee of
any or all furniture, removable fixtures,
equipment, materials or supplies in the
Contractor's custody in which the
County has a proprietary interest, in the
same condition as such property was
IFMS No. SC EXE 0000000
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11.
12.
13.
received by the Contractor, reasonable
wear and tear excepted. Any
disposition, settlements or adjustments
connected with such property shall be in
accordance with the rules and
regulations of the County and the State
of New York.
Lease or Rental Agreements
If lease payments or rental costs are included in
the Budget as an item of expense reimbursable
by the County, the Contractor shall promptly
submit to the County, upon request, any lease or
rental agreement. If during the Term, the
Contractor shall enter into a lease or rental
agreement, or shall renew a lease or rental
agreement, the Contractor shall, prior to the
execution thereof, submit such lease or rental
agreement, to the County for approval.
Statement of Other Contracts
Prior to the execution of the Contract, the
Contractor shall submit a Statement of Other
Contracts to the County, which shall be attached
as an exhibit to the Contract. If the Contract is
amended during the Term, or if the County
exemises its option right, the Contractor shall
attach a then current Statement of Other
Contracts.
Miscellaneous Fiscal Terms and
Conditions
a. Limit of County's Obligations
The maximum amount to be paid by the
County is set forth on the first page of
the Contract.
Duplicate Payment from Other
Sources
Payment by the County for the Services
shall not duplicate payment received by
the Contractor from any other source.
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c. Funding Identification
The Contractor shall promptly submit to
the County upon request, a schedule for
all programs funded by the County
itemizing for each such program the
sums received, their source and the total
program budget.
Outside Funding for Non-County
Funded Activities
Notwithstanding the foregoing
provisions of the Contract, it is the
intent of the County that the terms and
conditions of the Contract shall not limit
the Contractor from applying for and
accepting outside grant awards or from
providing additional educational
activities/services which may result in
the Contractor incurring additional
costs, as long as the following
conditions are met:
i.)
ii.)
iii.)
iv.)
The County is not the Fund
Source for the additional
services;
Sufficient funding is available
for or can be generated by the
Contractor to cover the cost
incurred by the Contractor to
provide these additional
services; and
If sufficient funding is not
available or cannot be
generated, the County shall not
be held liable for any of the
additional costs incurred by the
Contractor in furnishing such
additional services.
Prior to scheduling any such
additional services on County-
owned property, the Contractor
shall obtain written County
approval. The Contractor shall,
to the County's satisfaction,
submit any documentation
requested by the Department
IFMS No. SC EXE 0000000
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reflecting the change, and
4dentify the additional services
to be provided and the source of
funding that shall be utilized to
cover the expenditures incurred
by the Contractor in undertaking
the additional services.
Potential Revenue
The Contractor shall actively seek and
take reasonable steps to secure all
potential funding from grants and
contracts with other agencies for
programs funded by the County.
Payments Contingent upon
State/Federal Funding
Payments under the Contract may be
subject to and contingent upon
continued funding by State and/or
Federal agencies. In such event, no
payment shall be made until the
Contractor submits documentation in the
manner and form as shall be required by
State and/or Federal agency. If late
submission of claims precludes the
County from claiming State or Federal
reimbursement, such late claims shall
not be honored. If, for any reason, the
full amount of such funding is not made
available to the County, the Contract
may be terminated in whole or in part,
or thc amount payable to the Contractor
may be reduced at the discretion of the
County, provided that any such
termination or reduction shall not apply
to allowable costs incurred by the
Contractor prior to such termination or
reduction, and provided that money has
been appropriated for payment of such
costs.
Denial of Aid
If a State or Federal government agency
is funding the Contract and fails to
approve aid in reimbursement to the
County for payments made hereunder by
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the County to the Contractor for
expenditures made during the Term
because of any act, omission or
negligence on the part of the Contractor,
then the County may deduct and
withhold from any payment due to the
Contractor an amount equal to the
reimbursement denied by the state or
federal government agency, and the
County's obligation to the Contractor
shall be reduced by any such amounts.
In such an event, if there should be a
balance due to the County after it has
made a final payment to the Contractor
under the Contract, on demand by the
County, the Contractor shall reimburse
the County for the amount of the
balance due the County, payable to the
Suffolk County Treasurer. The
provisions of this subparagraph shall
survive the expiration or termination of
the Contract.
h. Budget
The Contractor expressly represents and
agrees that the Budget, to the extent
applicable, lists all personnel and/or all
other costs of the Services.
i. Payment of Claims
Upon receipt of a Suffolk County
Payment Voucher, the County, at its
discretion, may pay the Contractor
during the 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 the first page of the
Contract.
jo
Payments Limited to Actual Net
Expenditures
The Contractor agrees that if, for any
reason whatsoever, the Contractor shall
spend during the Term for the purposes
set forth in the Contract an amount less
than, or receive amounts more than,
provided in the Budget, the total cost of
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no
the Contract shall be reduced to the net
amount of approved, actual Contractor
expenditures made for such purposes,
and amounts received and that the total
amount to be paid by the County shall
not exceed the lesser of (i) approved
actual net expenditures or (ii) the total
cost of the Contract on the cover page
and in the Budget. Upon termination or
expiration of the Contract, if the
Contractor's total amount of allowable
expenses is less than the total amount of
the payments made during the Term, the
Contractor shall prepare a check payable
to the Suffolk County Treasurer for the
difference between the two amounts and
submit such payment to the County,
along with the final Suffolk County
Payment Voucher.
Travel Costs
Reimbursement to the Contractor for
travel costs shall not exceed amounts
allowed to County employees.
Attendance at Conferences
All conferences that are partially or fully
funded by the County that the
Contractor's staff wish to attend must be
pre-approved, in writing, by the County
and must be in compliance with Suffolk
County Standard Operating Procedure
A-07 and Executive Order No. 4-2004.
Salaries
The Contractor shall not be eligible to
receive any salary reimbursement until
proof of deposit or payment of all
withholding and payroll taxes to the
Federal/State governments has been
provided to the County.
Salary Increases
No salary, wage, or other compensation
for the Services shall be increased over
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the amount stated in the Budget without
the prior written approval of the County.
o. Contractor Vacancies
The County shall have the right of prior
approval of the Contractor's filling of
any position vacant as of the date of
execution of the Contract or as may
thereafter become vacant, and, in the
exercise of that right, may promulgate
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reasonable regulations involving
position control which shall be deemed
to be incorporated by reference in, and
be made part of, the Contract.
p. No Limitation On Rights
Notwithstanding anything in this Article
II, the County shall have available to it
all rights and remedies under the
Contract and at law and equity
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Town of Southold
RATE PAGE
HIC Nutrition Program
January 1, 2012 - December 31, 2012
CONGREGATE MIDDAY MEALS
$5.52
HOME DELIVERED MEALS
$5.85
Meals in excess of the number stated on the cover page will be used as local match for the Title IIIC program
End of Text for Article H
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Exhibit 1
County Terms and Conditions
1. Elements of Interpretation
As nsed throughout the Contract:
a. 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.
b. Capitalized terms used, but not otherwise defined
herein, shall have the meanings assigned to them in the
Contract.
2. Meanings of Terms
As used in the Contract:
"Comptroller" means the Comptroller of the County of Suffolk.
"Contract" means all terms and conditions herein forming all rights
and obligations of the Contractor and the County.
"Contractor" means the signatory person, partnership, corporation,
association or other entity, its officers, officials, employees, agents,
servants, sub-Contractors and any successor or assign of any one or
more of the foregoing performing the Services.
"County" means the County of Suffolk, its departments, agents,
servants, officials, and employees.
"County Attorney" means the County Attorney of the County of
Suffolk.
"Department" means the signatory department approving the
Contract.
"Engineering Services" means the definition of the practice of
engineering and the definition of practice of land surveying, as the
case may be, under Section 7201 and Section 7203 of the State
Education Law, respectively.
"Event of Default" means
a. The Contractor's failure to maintain the amount
and types of insurance required by the Contract; or
b. The Contractor's failure to comply with any
Federal, State or local law, rule, or regulation, and County
policies or directives; or
c. The Contractor's bankruptcy or insolvency; or
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The Contractor's failure to cooperate in an Audit;
e. The Contractor's falsification of records or
reports, misuse of funds, or malfeasance or nonfeasance in
financial record keeping arising out of, or in connection
with, any contract with the County; or
f. The Contractor's failure to submit, or failure to
timely submit, documentation to obtain Federal or State
funds; or
g. The inability of the County or the Contractor to
obtain Federal or State funds due to any act or omission of
the Contractor; or
h. Any condition the County determines, in its sole
discretion, that is dangerous.
"Federal" means the United States government, its departments and
agencies.
"Fund Source" means any direct or indirect sum payable to the
Contractor by the County pursuant to any lawful obligation.
"Legislature" means the Legislature of the County of Suffolk.
"Services" means all that which the Contractor must do and any part
thereof arising out of, or in connection with, the contract necessary to
render the assistance and benefit intended by the Contract.
"State" means the State of New York.
"Suffolk County Payment Voucher" means the document
authorized and required by the Comptroller for release of paymant.
"Term" means the time period set forth on page one of the Contract
and, if exercised by the County, the option period.
3. Contractor Responsibilities
a. It shall be the duty of the Contractor to discharge,
or cause to be discharged, all of its responsibilities in the
interest of the County in accordance with the provisions of
the Contract.
b. The Contractor shall promptly take all action as
may be necessary to render the Services.
c. The Contractor shall not take any action that is
inconsistent with the provisions of the Contract.
4. Qualifications, Licenses, and Professional Standards
a. The Contractor represents and warrants that it
has, and shall continuously possess, during the Term, the
required licensing, education, knowledge, experience, and
character necessary to qualify it to render the Services.
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b. The Contractor shall continuously have during
the Term all required authorizations, certificates,
certifications, registrations, licenses, permits, and other
approvals required by Federal, State. County, or local
authorities necessary to qualify it to render the Services.
5. Notifications
a. The Contractor shall immediately notify the
County, in writing, of any disciplinary proceedings,
commenced or pending, with any authority relating to a
license held by any person necessary to qualify him or the
Contractor to perform the Services.
b. In the event that a person is no longer licensed to
perform the Services, the Contractor must immediately
notify the County, but in no event shall such notification be
later than five (5) days after a license holder has lost the
license required to qualify the license holder or the
Contractor to perform the Services.
c. In the event that the Contractor is not able to
perform the Services due to a loss of license, the Contractor
shall not be reimbursed for the Services rendered after the
effective date of termination of such license. Without
limiting the generality of the foregoing, if any part of the
Contract remains to be performed, and the termination of
the license does not affect the Contractor's ability to render
the Services, every other term and provision of the Contract
shall be valid and enforceable to the fullest extent permitted
by law.
6. Documentation of Professional Standards
The Contractor shall maintain on file, in one location in
Suffolk County, all records that demonstrate that it has
complied with paragraphs 4 and 5 above. The address of
the location of the aforesaid records and documents shall be
provided to the County no later than the date of execution
of the Contract. Such documentation shall be kept,
maintained, and available for inspection by the County
upon twenty-four (24) hours notice.
7. Credentialing
a. In the event that the Department, or any division
thereof, maintains a credentialing process to qualify the
Contractor to render the Services, the Contractor shall
complete the required credentialing process. In the event
that any State credential, registration, certification, or
license, Drag Enforcement Agency registration, or
Medicare or Medicaid certification is restricted, suspended,
or temporarily or permanently revoked, it is the duty of the
Contractor to contact the Department, or division thereof,
as the case may be, in writing, no later than three (3) days
after such restriction, suspension, or revocation.
b. The Contractor shall forward to the Department,
or division thereof, as the case may be, on or before July 1
of each year during the Term, a complete list of the names
and addresses of all persons providing the Services, as well
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as their respective areas of certification, credentialing,
registration, and licensing.
8. Engineering Certificate
In the event that the Contract requires any Engineering
Services, the Contractor shall submit to the County, no later
than the due date for submission for approval of any
engineering work product, the Certificate of Authorization
("Certificate"), issued pursuant to § 7210 of the New York
Education Law, of every person performing any
Engineering Services. The failure to file, submit or
maintain the Certificate shall be grounds for rejection of
any engineering work product submitted for approval.
Termination
a. Thirty Days Termination
The County shall have the right to terminate the
Contract without cause, for any reason, at any time, upon
such terms and conditions it deems appropriate, provided,
however, that no such termination shall be effective unless
the Contractor is given at least thirty (30) days notice.
b. Event of Default; Termination on Notice
i.) The County may immediately terminate
the Contract, for cause, upon such terms and
conditions it deems appropriate, in the Event of
Default.
ii.) If the Contractor defaults under any
other provision of the Contract, the County may
terminate the Contract, on not less than five (5)
days notice, upon such terms and conditions it
deems appropriate.
c. Duties upon Termination
i.) The Contractor shall discontinue the
Services as directed in the termination notice.
ii.) The County shall pay the Contractor for
the Services rendered through the date of
termination.
iii.) The County shall be released from any
and all liability under the Contract, effective as of
the date of the termination notice.
iv.) Upon termination, the Contractor shall
reimburse the County the balance of any funds
advanced to the Contractor by the County no later
than thirty (30) days after termination of the
Contract. The provisions of this subparagraph
shall survive the expiration or termination of the
Contract,
v.) Nothing contained in this paragraph
shall be construed as a limitation on the County's
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legal or equitable remedies, or other rights
available to it as set forth in the Contract.
10. Indemnification and Defense
Il.
a. The Contractor shall protect, indemnify, and hold
harmless the County, its agents, servants, officials, and
employees from and against all liabilities, fines, penalties,
actions, damages, claims, demands, judgments, losses, suits
or actions, costs, and expenses caused by the negligence or
any acts or omissions of the Contractor, including
reimbursement of the cost of reasonable attorneys' fccs
incurred by the County, its agents, servants, officials, and
employees in any action or proceeding arising out of or in
connection with the Contract.
b. The Contractor hereby represents and warrants
that it will not infringe upon any copyright in performing
the Services. The Contractor agrees that it shall protect,
indemnify, and hold harmless the County, its agents,
servants, officials, and employees from and against all
liabilities, fines, penalties, actions, damages, claims,
demands, judgments, losses, suits or actions, costs, and
expenses arising out of any claim asserted for infringement
of copyright, including reimbursement of the cost of
reasonable attorneys' fees incurred by the County, its
agents, servants, officials, and employees in any action or
proceeding arising out of or in connection with any claim
asserted for infringement of copyright due to the
Contractor's actions in carrying out its duties under this
Contract.
c. The Contractor shall defend the County, its
agents, servants, officials, and employees in any proceeding
or action, including appeals, arising out of, or in connection
with, the Contract, and any copyright infringement
proceeding or action. At the County's option, the County
may defend any such proceeding or action and require the
Contractor to pay reasonable attorneys' fees for the defense
of any such suit.
a. The Contractor shall continuously maintain,
during the Term of the Contract, insurance in amounts and
types as follows:
i.)
Commercial General Liability
insurance, including contractual
liability coverage and food products, in
an amount not less than Two Million
Dollars ($2,000,000.00) per occurrence
for bodily injury and Two Million
Dollars ($2,000,000.00) per occurrence
for property damage. The County
shall be named an additional insured.
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ii.)
Automobile Liability insurance (if any
vehicles are used by the Contractor in
the performance of the Contract) in an
amount not less than Five Hundred
Thousand Dollars ($500,000.00) per
person, per accident, for bodily injury
and not less than One Hundred
Thousand Dollars ($100,000.00) for
property damage per occurrence.
iii.)
Workers' Compensation and
Employer's Liability insurance in
compliance with all applicable New
York State laws and regulations and
Disability Benefits insurance, if
required by law. The Contractor shall
furnish to the County, prior to its
execution of the Contract, the
documentation required by the State of
New York Workers' Compensation
Board of coverage or exemption from
coverage pursuant to §§57 and 220 of
the Workers' Compensation Law. In
accordance with General Municipal
Law § 108, the Contract shall be void
and of no effect unless the Contractor
shall provide and maintain coverage
during the Term for the benefit of such
employees as are required to be
covered by the provisions of the
Workers' Compensation Law.
iv.)
Professional Liability insurance in an
amount not less than Two Million
Dollars ($2,000,000.00) on either a per-
occurrence or claims-made coverage
basis.
v.)
Bonding insurance in an amount not
less than on a claims
made coverage basis.
b. Thc County may mandate an increase in thc
liability limits set forth above in the immediate preceding
paragraphs.
c. All policies providing such coverage shall be
issued by insurance companies with an A.M. Best rating of
A- or better.
d. The Contractor shall furnish to the County, prior
to the execution of the Contract, declaration pages for each
policy of insurance, other than a policy for commercial
general liability insurance, and upon demand, a true and
certified original copy of each such policy evidencing
compliance with the aforesaid insurance requirements. In
the case of commarcial general liability insurance, the
Contractor shall furnish to the County, prior to the
execution of the Contract, a declaration page or insuring
agreement and endorsement page evidencing the County's
status as an additional insured on said policy, and upon
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demand, a true and certified original copy of such policy
evidencing compliance with the aforesaid insurance
requirements.
e. All evidence of insurance shall provide for the
County to be notified in writing thirty (30) days prior to
any cancellation, nonrenewal, or material change in the
policy to which such evidence relates. It shall be the duty
of the Contractor to notify the County immediately of any
cancellation, nonrenewal, or material change in any
insurance policy.
f. In the event the Contractor shall fail to provide
evidence of insurance, the County may provide the
insurance required in such manner as the County deems
appropriate and deduct the cost thereof from a Fund
12. Independent Contractor
13.
The Contractor is not, and shall never be, considered an
employee of the County for any purpose. Notwithstanding
anything herein, the Contract shall not be construed as
creating a principal-agent relationship between the County
and the Contractor or the Contractor and the County, as the
case may be.
Severability
It is expressly agreed that if any term or provision of the
Contract, or the application thereof to any person or
circumstance, shall be held invalid or unenfomeable to any
extent, the remainder of the Contract, or the application of
such term or provision to persons or circumstances other
than those as to which it is held invalid or unenfomeable,
shall not be affected thereby, and every other term and
provision of the Contract shall be valid and shall be
enforced to the fullest extent permitted by law.
14. Merger; No Oral Changes
It is expressly agreed that the Contract represents the entire
agreement of the parties and that all previous
understandings are herein merged in the Contract. No
modification of the Contract shall be valid unless in written
form and executed by both parties.
15.
Set-Off Rights
The County shall have ail of its common law, equitable,
and statutory rights of set-off. These rights shall include,
but not be limited to, the County's option to withhold from
a Fund Source an amount no greater than any moneys due
and owing to the County for any reason. The County shall
exercise its set-off rights subject to approval by the County
Attorney. In cases ofset-offpursuant to a Comptroller's
audit, the County shall only exercise such right a~er the
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finalization thereof, and only after consultation with the
County Attorney.
16. Non-Discrimination in Services
a. The Contractor shall not, on the grounds of race,
creed, color, national origin, sex, age, disability, sexual
orientation, military status, or marital status;
i.) deny any individual the Services
provided pursuant to the Contract; or
ii.) provide the Services to an individual
that is different, or provided in a diffemnt
manner, from those provided to others pursuant
to the Contract; or
iii.) subject an individual to segregation or
separate treatment in any matter related to the
individual's receipt of the Services provided
pursuant to the Contract; or
iv.) restrict an individual in any way from
any advantage or privilege enjoyed by others
receiving the Services provided pursuant to the
Contract; or
v.) treat an individual differently from
others in determining whether or not the
individual satisfies any eligibility or other
requirements or conditions which individuals
must meet in order to receive the Services
provided pursuant to the Contract.
b. The Contractor shall not utilize criteria
or methods of administration which have the
effect of subjecting individuals to discrimination
because of their race, creed, color, national
origin, sex, age, disability, sexual orientation,
military status, or marital status, or have the
effect of substantially impairing the Contract with
respect to individuals ora particular race, creed,
color, national origin, sex, age, disability, sexual
orientation, military status, or marital status, in
determining:
i.) the Services to be provided, or
ii.) the class of individuals to whom, or the
situations in which, the Services will be provided;
or
iii.) the class of individuals to be afforded
an opportunity to receive the Services.
17. Nonsectarian/Nonpartisan Declaration
The Services performed under the Contract are secular and
nonpartisan in nature. No funds received pursuant to the
Contract shall be used for sectarian purposes or to further
the advancement of any religion, candidate or partisan
effort. The Services will be available to all eligible
individuals regardless of religious balief or political
affiliation.
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18. Governing Law
19.
The Contract shall be governed by and construed in
accordance with the laws of the State of New York, without
regard to conflict of laws. Venue shall be designated in the
Supreme Court, Suffolk County, the United States District
Court for the Eastern District of New York, or, if
appropriate, a court of inferior jurisdiction in Suffolk
County.
No Waiver
It shall not be construed that any failure or forbearance of
the County to enforce any provision of the Contract in any
particular instance or instances is a waiver of that
provision. Such provision shall otherwise remain in full
force and effect, notwithstanding any such failure or
forbearance.
20. Conflicts of Interest
The Contractor shall not, during the Term, pursue a course
of conduct which would cause a reasonable person to
believe that he or she is likely to be engaged in acts that
create a substantial conflict between its obligations under
the Contract and its private interests. The Contractor is
charged with the duty to disclose to the County the
existence of any such adverse interests, whether existing or
potential. This duty shall continue as long as the Term.
The determination as to whether or when a conflict may
potentially exist shall ultimately be made by the County
Attorney after full disclosure is obtained.
21. Cooperation on Claims
The Contractor and the County shall render diligently to
each other, without compensation, any and all cooperation
that may be required to defend the other party, its
employees and designated representatives against any
claim, demand or action that may be brought against the
other party, its employees or designated representatives
arising out of or in connection with the Contract.
22. Confidentiality
Any document of the County, or any document created by
the Contractor and used in rendering the Services, shall
remain the property of the County and shall he kept
confidential in accordance with applicable laws, rules, and
regulations.
23. Assignment and Subcontracting
a. The Contractor shall not delegate its duties under
the Contract, or assign, transfer, convey, sublet, or
otherwise dispose of the Contract, or any of its right, title or
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interest therein, or its power to execute the Contract, or
assign all or any portion of the monies that may be due or
become due hereunder, (collectively referred to in this
paragraph 23 as "Assignment"), to any other person, entity
or thing without the prior written consent of the County,
and any attempt to do any of the foregoing without such
consent shall be a material default by the Contractor.
b. Such Assignment shall be subject to all of the
provisions of the Contract, assumption of all of the
provisions of the Contract by the Contractor's assignee, and
to any other condition the County requires. No approval of
any Assignment shall be construed as enlarging any
obligation of the County under the terms and provisions of
the Contract. No Assignment of the Contract or
assumption by any person of any duty of the Contractor
under the Contract shall provide for, or otherwise be
construed as, releasing the Contractor from any term or
provision of the Contract.
24. Changes to Contractor
a. The Contractor may, from time to time, with thc
County's consent, enter into a Permitted Transfer. For
purposes of the Contract, a Permitted Transfer means:
i.) if the Contractor is a partnership, the
withdrawal or change, voluntary, involuntary or
by operation of law, of the partners, or transfer of
partnership interests (other than the purchase of
partnership interests by existing partners, by the
partnership itself or the immediate family
members by reason ofgffi, sale or devise), or the
dissolution of the partnership without immediate
reconstitution thereof, and
ii.) if the Contractor is a closely held
corporation (i.e. whose stock is not publicly held
and not traded through an exchange or over the
counter),
1. the dissolution, merger,
consolidation or other reorganization of
the Contractor,
2. the sale or other transfer of
twenty percent (20%) or mom of the
shares of the Contractor (other than to
existing shareholders, the corporation
itself or the immediate family members
of shareholders by reason of gift, sale
or devise), or
3. the sale, mortgage,
hypothecation or pledge of the
unencumbered assets of the Contractor.
If the Contractor is a not for profit
corporation, a change of twanty percent
(20%) or more of its members shall be
deemed a permitted Transfer.
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The Contractor shall notify the County in writing,
which notice (the "Transfer Notice") shall
include:
i.) the proposed effective date of the
Permitted Transfer, which shall not be less than
thirty (30) days nor more than one hundred eighty
(180) days after the date of&livery of the
Transfer Notice;
ii.) a summary of the material terms of the
proposed Permitted Transfer,
iii.) the name and address of the proposed
transferee,
iv.) such information reasonably required
by the County, which will enable the County to
determine the financial responsibility, character,
and reputation of the proposed transferee, nature
of the proposed assignee/transfaree's business
and experience;
v.) all forms required pursuant to Exhibit 2
of the Contract, that are required to be submitted
by the Contractor; and
vi.) such other information as the County
may reasonably require.
c. The County agrees that any request for its
consent to a Permitted Transfer shall be granted provided
that the transfer does not violate any provision of the
Contract, and the transferee has not been convicted of a
criminal offense as described under Article 11 of Chaptar
143 of the Suffolk County Code, The County shall grant or
deny its consent to any request ora Permitted Transfer
within twenty (20) days afier delivery to the County of the
Transfer Notice, in accordance with the provisions of
Paragraph 31 of Exhibit 1 of the Contract. If the County
shall not give written notice to the Contractor denying its
consent to such Permitted Transfer (and setting forth the
basis for such denial in reasonable detail) within such
20-day period, then the County shall be deemed to have
granted its consent to such Permitted Transfer.
d. Notwithstanding thc County's consent,
i.) the terms and conditions of the
Contract shall in no way be deemed to have been
waived or modified, and
ii.) such consent shall not he deemed
consent to any further transfers.
25. No Intended Third Party Beneficiaries
The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed
a beneficiary of the Contract and no third party shall have
the right to make any claim or assert any right under the
Contract.
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26. Certification as to Relationships
27.
The Contractor certifies under penalties of perjury that,
other than through the funds provided in the Contract and
other valid agreements with the County, them is no known
spouse, life partner, business, commemial, economic, or
financial relationship with the County or its elected
officials. The Contractor also certifies that there is no
relationship within the third degree of consanguinity,
between the Contractor, any of its partners, members,
directors, or shareholders owning five (5%) percent or
more of the Contractor, and the County.
Publications
Any book, article, report or other publication or printed
matter related to the Services provided pursuant to this
Agreement shall contain the following statement in clear
and legible print:
"This publication is fully or partially funded by
the County of Suffolk."
28. Copyrights and Patents
a. Copyrights
If the work of the Contractor should result in the
production of original books, manuals, films, or other
materials for which a copyright may be granted, the
Contractor may secure copyright protection. However, the
County reserves to itself, and the Contractor hereby gives
to the County, and to any other person designated by the
County, a royalty-free, nonexclusive license to produce,
reproduce, publish, translate, or otherwise use any such
materials.
b. Patents
If the Contractor makes any discovery or
invention during the Term, or as a result of work performed
under the Contract, the Contractor may apply for and
secure for itself patent protection. However, the County
reserves to itself, and the Contractor hereby gives to the
County, and to any other person designated by the County,
a royalty-free, nonexclusive license to produce or otherwise
use any item so discovered or patented.
29. Arrears to County
30.
The Contractor warrants that, except as may otherwise be
authorized by agreement, it is not in arrears to the County
upon any debt, contract, or any other lawful obligation, and
is not in default to the County as surety.
Lawful Hiring of Employees Law in Connection
with Contracts for Construction or Future
Construction
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In the event that the Contract is subject to the Lawful
Hiring of Employees Law of the County of Suffolk, Suffolk
County Code Chapter 234, as more fully set forth in the
Article entitled "Suffolk County Legislative
Requirements," the Contractor shall maintain the
documentation mandated to be kept by this law on the
construction site at all times. Employee sign-th sheets and
register/log books shall be kept on the construction site at
all times and all covered employees, as defined in the law,
shall be required to sign such sign-in sheets/register/log
books to indicate their presence on the construction site
during such working hours.
31. Notice
Unless otherwise expressly provided herein, all notices
shall be in writing and shall be deemed sufficiently given if
sent by regular first class mail and certified mail, or
personally delivered during business hours as follows: 1.)
to the Contractor at the address on page 1 of the Contract
and 2.) to the County at the Department, or as to either of
the foregoing, to such other address as the addressee shall
have indicated by prior wrii~en notice to the addressor. All
notices received by the County relating to a legal claim
shall be immediately sent to the Department and also to the
County Attorney at 100 Veterans Memorial Highway, P.O.
Box 6100, (Sixth Floor), Hauppauge, New York, 11788.
The County shall report to the Contractor in writing within
ten (10) days of the initiation by or against it of any legal
action or proceeding in connection with or relating to The
Contract.
End of Text for Exhibit 1
IFMS No. SC EXE 0000000
001-6790/6797/6774/6777-4980, 6776-3330-95284
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Exhibit 2
Suffolk County Legislative Requirements
Contractor's/Vendor's Public Disclosure Statement
It shall be the duty of the Contractor to read, become
familiar with, and comply with thc requirements of section
A5-7 of Article V of the Suffolk County Code.
Unless certified by an officer of the Contractor as being
exempt from the requirements of section A5-7 of Article V
of the Suffolk County Code, the Contractor represents and
warrants that it has filed with thc Comptroller the verified
public disclosure statement required by Suffolk County
Administrative Code Article V, section A5-7 and shall file
an update of such statement with the Comptroller on or
before the 31st day of January in each year of the
Contract's duration. Thc Contractor acknowledges that
such filing is a material, contractual and statutory duty and
that the failure to file such statement shall constitute a
material breach of the Contract, for which the County shall
be entitled, upon a determination that such broach has
occurred, to damages, in addition to all other legal
remedies, of fi~een pement (15%) of the amount of the
Contract.
Required Form:
Suffolk County Form SCEX 22; entitled
"Contractor's/Vendor's Public Disclosure Statement"
2. Living Wage Law
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Chapter
575, of the Suffolk County Code.
This Contract is subject to the Living Wage Law of the
County of Suffolk. The law requires that, unless specific
exemptions apply, all employers (as defined) under service
contracts and recipients of County financial assistance, (as
defined) shall provide payment ora minimum wage to
employees as set forth in the Living Wage Law. Such rate
shall be adjusted annually pursuant to the terms of the
Suffolk County Living Wage Law of the County of
Suffolk. Under the provisions of the Living Wage Law, the
County shall have the authority, under appropriate
circumstances, to terminate the Contract and to seek other
remedies as set forth therein, for violations of this Law.
Required Forms:
Suffolk County Living Wage Form LW-I; entitled "Suffolk
County Department of Labor - Living Wage Unit Notice of
Application for County Compensation (Contract)."
Suffolk County Living Wage Form LW-38; entitled
"Suffolk County Department of Labor - Living Wage Unit
Living Wage Certification~Declaration - Subject To
Audit."
IFMS No. SC EXE 0000000__
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Use of County Resources to Interfere with
Collective Bargaining Activities
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
I of Chapter 803 of the Suffolk County Code.
County Contractors (as defined by section 803-2) shall
comply with all requirements of Chapter 803 &the Suffolk
County Code, including the following prohibitions:
a. The Contractor shall not use County funds to
assist, promote, or deter union organizing.
No County funds shall be used to reimburse the
Contractor for any costs incurred to assist,
promote, or deter union organizing.
No employer shall use County property to hold a
meeting with employees or supervisors if the
purpose of such meeting is to assist, promote, or
deter union organizing.
If the Services are performed on County property, the
Contractor must adopt a reasonable access agreement, a
neutrality agreement, fair communication agreement, non-
intimidation agreement, and a majority authorization card
agreement.
If the Services are for the provision of human services and
are not to be performed on County property, the Contractor
must adopt, at the least, a neutrality agreement.
Under the provisions of Chapter 803, the County shall have
the authority, under appropriate cimumstances, to terminate
the Contract and to seek other remedies as set forth therein,
for violations of this Law.
Required Form:
Suffolk County Labor Law Form DOL-LO 1; entitled
"Suffolk County Department of Labor - Labor Mediation
Unit Union Organizing Certificafion/Declaration - Subject
to Audit."
Lawful Hiring of Employees Law
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
lI of Chapter 353 of the Suffolk County Code.
This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk. It provides that all covered
employers, (as defined), and the owners thereof, as the case
may be, that are recipients of compensation from the
County through any grant, loan, subsidy, funding,
appropriation, payment, tax incentive, contract,
subcontract, license agreement, lease or other financial
compensation agreement issued by the County or an
awarding agency, where such compensation is one hundred
percent (100%) funded by the County, shall submit a
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completed sworn affidavit (under penalty of perjury), the
form of which is attached, certifying that they have
complied, in good faith, with the requirements of Title 8 of
the United States Code Section 1324a with respect to the
hiring of covered employees (as defined) and with respect
to the alien and nationality status of the owners thereof.
The affidavit shall be executed by an authorized
representative of the covered employer or owner, as the
case may be; shall be part of any executed contract,
subcontract, license agreement, lease or other financial
compensation agreement with the County; and shall be
made available to the public upon request.
All contractors and subcontractors (as defined) of covered
employers, and the owners thereof, as the case may be, that
are assigned to perform work in connection with a County
contract, subcontract, license agreement, lease or other
financial compensation agreement issued by the County or
awarding agency, where such compensation is one hundred
pement (100%) funded by the County, shall submit to the
covered employer a completed sworn affidavit (under
penalty of perjury), the form of which is attached,
certifying that they have complied, in good faith, with the
requirements of Title 8 of the United States Code Section
1324a with respect to the hiring of covered employees and
with respect to the alien and nationality status of the owners
thereof, as the case may be. The affidavit shall be executed
by an authorized representative of the contractor,
subcontractor, or owner, as the case may be; shall be part of
any executed contract, subcontract, license agreement,
lease or other financial compensation agreement between
the covered employer and the County; and shall be made
available to the public upon request.
An updated affidavit shall be submitted by each such
employer, owner, contractor and subcontractor no later than
January 1 of each year for the duration of any contract and
upon the renewal or amendment of the Contract, and
whenever a new contractor or subcontractor is hired under
the terms of the Contract.
The Contractor acknowledges that such filings are a
material, contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach
of the Contract.
Under the provisions of the Lawful Hiring of Employees
Law, the County shall have the authority to terminate the
Contract for.violations of this Law and to seek other
remedies available under the law.
The documentation mandated to be kept by this law shall at
all times be kept on site. Employee sign-in sheets and
register/log books shall be kept on site at all times during
working hours and all covered employees, as defined in the
law, shall be required to sign such sign-in
sheets/register/log books to indicate their presence on thc
site during such working hours.
IFMS No. SC EXE 0000000__
001-6790/6797/6774/6777-4980, 6776-3330-95284
Required Forms:
Suffolk County Lawful Hiring of Employees Law Form
LHE-1; entitled "Suffolk County Department of Labor -
Notice Of Application To Certify Compliance With Federal
Law (8 U.S.C. Section 1324a) With Respect To Lawful
Hiring of Employees."
Suffolk County Lawful Hiring of Employees Law Form
LHE-2; entitled "Affidavit Of Compliance With The
Requirements Of 8 U.S.C. Section 1324a With Respect To
Lawful Hiring Of Employees"
Suffolk County Lawful Hiring of Employees Law Form
LHE-6; entitled "Notice of Non-Applicability For
Compliance With Federal Law (8 U.S.C. Section 1324A)
With Respect To Lawful Hiring Of Employees."
Gratuities
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Chapter
664 of the Suffolk County Code.
The Contractor represents and warrants that it has not
offered or given any gratuity to any official, employee or
agent of the County or the State or of any political party,
with the purpose or intent of securing an agreement or
securing favorable treatment with respect to the awarding
or amending of an agreement or the making of any
determinations with respect to the performance of an
agreement.
Prohibition Against Contracting with Corporations
that Reincorporate Overseas
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of sections
A4-13 and A4-14 of Article IV of the Suffolk County
Code.
The Contractor represents that it is in compliance with
sections A4-13 and A4-14 of Article IV of the Suffolk
County Code. Such law provides that no contract for
consulting services or goods and services shall be awarded
by the County to a business previously incorporated within
the U.S.A. that has reincorporated outside the U.S.A.
Child Sexual Abuse Reporting Policy
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
II of Chapter 880 of the Suffolk County Code.
The Contractor shall comply with Article li of Chapter 880,
of the Suffolk County Code, entitled "Child Sexual Abuse
Reporting Policy," as now in effect or amended hemafiar or
of any other Suffolk County Local Law that may become
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applicable during the terra of the Contract with regard to
child sexual abuse reporting policy.
8. Non Responsible Bidder
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
[1 of Chapter 189 of the Suffolk County Code.
Upon signing the Contract, the Contractor certifies that it
has not been convicted of a criminal offense within the last
ten (10) years. The term "conviction" shall mean a finding
of guilty after a trial or a plea of guilty to an offense
covered under section 189-5 of the Suffolk County Code
under "Nonresponsible Bidder."
Use of Funds in Prosecution of Civil Actions
Prohibited
It shall be the duty of the Contractor to read, become
familiar with, and comply with the requirements of Article
Ill of Chapter 893 of the Suffolk County Code.
The Contractor shall not use any of the moneys, in part or
in whole, and either directly or indirectly, received under
the Contract in connection with the prosecution of any civil
action against thc County in any jurisdiction or any judicial
or administrative forum.
10. Youth Sports
It shall be the duty of the Contractor to read, become
familiar with, and comply with Article III of Chapter 730
of the Suffolk County Code.
All contract agencies that conduct youth sports programs
are required to develop and maintain a written plan or
policy addressing incidents of possible or actual concussion
or other head injuries among sports program participants.
Such plan or policy must be submitted prior to the award of
a County contract, grant or funding. Receipt of such plan
or policy by the County does not represent approval or
endorsement of any such plan or policy, nor shall the
County be subject to any liability in connection with any
such plan or policy.
11. Work Experience Participation
If the Contractor is a not-for-profit or governmental agency
or institution, each of the Contractor's locations in the
County at which the Services are provided shall be a work
site for public-assistance clients of Suffolk County pursuant
to Chapter 281 of the Suffolk County Code at all times
during the Term of the Contract. If no Memorandum of
Understanding ("MOU") with the Suffolk County
Department of Labor for work experience is in effect at the
beginning of the Term of the Contract, the Contractor, if it
is a not-for-profit or governmental agency or institution,
shall enter into such MOU as soon as possible after thc
IFMS No. SC EXE 0000000__
001-6790/6797/6774/6777-4980, 6776-3330-95284
12.
execution of the Contract and failure to enter into or to
perform in accordance with such MOU shall be deemed to
be a failure to perform in accordance with the Contract, for
which the County may withhold payment, terminate the
Contract or exemise such other remedies as may be
appropriate in the circumstances.
Suffolk County Local Laws Website Address
Suffolk County Local Laws, Rules and Regulations can be
accessed on the homepage of the Suffolk County
Legislature.
End of Text for Exhibit 2
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IFMS No. SC EXE 0000000
001-6790/6797/6774/6777-4980, 6776-3330-95284
Appendix
not applicable - see cover page
Public Disclosure
Living Wage
Union Certification
Lawful Hiring
Certification Regarding Lobbying
Comptroller's Rules
Statement of Other Contracts
Summary
S. C. Office for the Aging Appendices:
Policy & Procedure Manuals - Congregate & Home-Delivered Meals
(considered part of the Contract - not attached)
Technical Assistance Packet (considered part of the Contract - not attached)
Legal Holidays Schedule
Project Menu Plan
Grievance Procedures
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S,UFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT
NOTICE OF APPLICABILITY
OF LIVING WAGE LAW
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
To Be Completed By The Living Wage Unit
DATE: October 31, 2011
TO: Ellen D. Frankino, S. C. Office of the Aging
FROM: i~(t~fenda Rosenberg, Director of Living Wage Compliance Unit
TELEPHONE #: 853-2063
VENDOR #: 11-6001939
REF.: IIIC Nutrition
You are hereby notified that the response from Town of Southold has been evaluated by the Living Wage Unit
of the Suffolk County Department of Labor.
We find:
X The documents submitted with this contract / proposal are complete and conform to the
requirements of the Living Wage Law (Local Law #12-2001). The Awarding Agency may proceed with
the normal and customary procedure for administering contracts.
The documents submitted with this contract / proposal are not complete, or do not conform to
the requirements of the Living Wage Law (Local Law #12-2001).
Employers who fall to submit documents or information required to demonstrate compliance with the
Law shall be deemed non-responsive and subject to disqualification.
If the employer is presently under contract, the contractor shall be deemed non-compliant and the
appeals process shall be made available to said employer (Chapter 347-5 A & B).
LW-13
IJlqlON OB~Xil~ ~BI'aq~TKIN~O.An~TION - ~I.~I~T TO
bdmr. Cmlal~hM fanta amst be mlml#M t~ lira awnrd~, sliaey.
· i/we will nut mqnk, e m mn~ indivMually m in a ~m¥, lo nllmd m m~ or an ~-~m tim is ~ ~
influmu his m bm' dm~isimm in sele~.lh~ m' nm mde~h[ a berphin~ nyu~
the ,dli~nt. ehn~Y, md qusdity IHvisi~ d~eds nnd n to d-' Onnty. h shall inr. lude a list of said
pmndms in ssm~ ~
Town of Southo.ld
53095 Main Road P.O. Box 1179
Southold, New York 11971
Senior Services
Amount o~Aubhnce:
11-6001939
$249,352.56
V~ #:
Contact: Karen McLaughlin, Director 631 298-4460
~ip~omofproje~t~sm~i~: III-C Nutrition Pro~rams for the Elderly
(Congregate and Home Delivered Meals Programs for Seniors)
Sectiom V
? undp;penai~ of per~? undm' the Laws of the Stste of' New Yoflc mm me undeaiSned is ,, _,m,~ed to lx~vide this
Autho~ Sisnature Date ~ -
Scott A.. Russell, Southold Town Supervisor
Print Name and Title of Authorized Repremitative
DOL-LOI (3/~/0~)
SUFFOLK COUNTY DEPARTMENT OF LABOR
·, NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW
(8 U.S.C. SECTION 1324A)
WITH RESPECT TO LA WFUL HIRING OF EMPLOYEES
VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES
Suffolk County Code, Chapter 234 (2006)
To Be Completed By the Local Law Compliance Unit
DATE: October 31~ 2011
TO: Ellen D. Frankino, S. C. Office of the Agin~
FROM~[t~renda Rosenbero. Director
TELEPHONE# 631 853-3808
EMPLOYER: Town of Southold
VENDOR #: 11-6001939
REF. #: IIIC Nutrition
You are hereby notified that the submission from Town of Southold has been received by the
Lawful Hiring of Ernployees Unit of the Suffolk County Depax~aent of Labor. We find that this
submission is complete and is in compliance with the requirements set forth by the Suffolk
County Lawful Hiring of Employees Law (Local Law #52-2006),
LHE-3
(0]/07)
Certification Regarding Lobbying
For Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Stats Or Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence
legislation or appropriation actions pending before local, State and Federal executive
and/or legislative bodies in connection wilh the awarding of any contract, the making of
any grant, the making of any loan, the entering of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any contract, grant
loan, or cooperative agreement.
(2) If any funds other than State or Federal appropriated funds have been paid or will
be paid to any parson for influencing or attempting to influence legislation or
appropriation actions pending before local, State and Federal execultve ond/or
legislative bodies in connection with this contact, grant, loan or ccopemflve agreement,
the undersigned shall complete and submit Standard Form LLL, 'Dbcicoure Form to
Report Lobbying', in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all subewards at all tiers (including subcontracts, subgrents,
and contracts under grants, loans, and coope.-.~;ve agreements) and that all
subrecipiants shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Failure to file the required cedfficetion shall be subject to civil penalty by
the Federal government of not less than $10,000 and not more than $100,000 for each
such failure.
Signature of Official Authorized
To Sign Application
For:
Town of Southold
Name of Grantee
COUNTY OF SUFFOLK
OFFICE OF BUDGET AND MANAGEMENT
CONTRACT BUDGET MODIFICATION REQUEST
The program budget contained in the Agreement of
COUNTY OF SUFFOLK and
between the
Program Name
is hereby amended as follows:
Contract No.
LINE
NUMBER $ CHANGE +
HEADING) DESCRIPTION $ BEFORE $ AFTER OR -
NET CHANGE ~ 0
Except as set forth above, this budget modification shall not be deemed to change any condition or
provision in the said Agreement.
By: By:
Name: Name; Holly Rhodes-Teague
Title: Title: Director
Date: Dept: AGING
Agency: Date:
FOR THE COUNTY OF SUFFOLK
APPROVED BY:
DATE:
BUDGET DIRECTOR
NOTE; This form is not to be used to affect any net increase in the budget.
USE REVERSE FOR SUPPORTING STATEMENTS
Revision No:
Department:
Contract Budget Approval Form
Contractor;
Agreement No.
Agreement Period:
Date Fast executed/amended:
Budget Period to which this revision applies:
Identify the items that are being changed by this revision:
Budget:
Period Adopting
Amount of increase
Amount of decrease
New Budget amount for the period:
Revising
Copies of supporting documentation are attached as follows (check all that apply):
Resolution Budget Other
Approvals:
Department: Contractor:
By: By:
Name: Name:
Title: Title:
Date: Date:
Fiscal Unit:
By:
Name:
Title:
Date:
Division:
By:
Name:
Title:
Date:
Federal Tax ID #:
County Executive Budget Office:
Approved __ Disapproved
By:
Name:
Title:
Date:
Contract Budget Approval Form 2010
STANDARD
OPERATING
PROCEDURE
OffiCE OF YH~ COUNT~ EXECo'H¥'E
Numbm. A-07
Amemdmemt 1
TRAVI~.I. CONFERENCE. AND MEETING ATTEND&N~
THIS SOP SUPERSEDES THE SHEETS IN THE SOP
MANUAL THAT IS IDENTIFIED AS ~SOP A-07~
DATED 4/2/97. HOLDERS OF THE SOP MANUAL
SHOULD REMOVE AND DISCARD THE CITED
1. P~m: This SOP ck-'tails how cmploy~-s ran obtain approval for conf~rmcc
mdsn~, travel out of Suffolk County during county time for oonfmznoes or
smuinars, and government related meetings with an overnight stay.
2. ~o~: This SOP applies to all County Employees in all county departmen~
offices, er agencies.
3. Z~IILL~B~I: This procedurc meads the previous vmion a~_~ 3/22/04. Thc
new procedure will rcquirc thc booking of hotcl a~ommod~iolls, rctlml car~
airplane travel, and AlVITRAK bc handled through a designated travcl ap:my.
4. neflaitimm:
(I) A Conferenc~ is defined as a large group of people asmnbling to~ther to
discuss a wide range of topics. Thc Annual New York State Associatkm of
Counties Conf~mtcc is an example of a conference.
(2) A ~ is defmed as a one day, re$~hrly scheduled or i,n.nromptu,
gathering of pcople for a specific purpose. A meeting of the Lc~islMivc
Subcommittee of the New Yolk State Association of Counties is an example
of a mmins.
(3) A Sem~ is defined as a Stoup of pcoplc asscmblins for education or
Iraining ~elated to performance ora one's job duties as a county ~nploy~e.
A.
!) No mor~ than two (2) l~SOns from a dq2rtmmt will
~ m~ or ~. C~ ~s
~ m~g ~ ~ ~ ~o~m w~ ~fli~g
m~ om ~ ~ ~ orif~
~ (e.g., ~ ~ing).
2) No ~~t ~11 ~ ~ ~ ~ ~t my ~
~ Su~. ~pl~ll ~ ~ ~m~
3) ~ ~li~n ~ ~m~ ~ ~ ~ ~vc
m~ m ~ it ~v~ ~ ~ ~ E~*s Bud~
~ ~ ~lay in ~l~n~ ~ ~pli~,
~ ~ h~ ~. ~ will ~
~di~ ~ho ~ ~f~ ~ ~
A~F~a~~~wiH~~
4) ~1 ~el ~g howl ~~ ~!~ ~1, ~
E~e Fo~ ~ 10.
6) ~ R~ ~d ~ gov~ ~vel ~ ~d
~ ~ D~t of A~t ~ ~ m~ ~
E~ve Fo~ ~10.
~ ~e ~ ~d~ ~ ~ of ~ C~~ ~d
All applications for conference attcndance will be returned to the re~ive department,
office or agency if any of the above proceduns have not been adhered to.
COUNTY OF SUFFOLK
EXECUTIVE ORDER NO. 4-2004
TO:
FROM:
RE:
NI Department Heads
Hon. Stev~ Levy, Suffolk County Executive
Travel Vouchers
Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be advised that any
requests for.approval or payment for travel under Sections 2-16 and 3-2 of the SUFFOLK
COUNTY ADMINISTRATIVE CODE shall not be approved by tho County Executive unle~
it secures the epproval of the Chief .Deputy County Executive and Deputy County
Executive for Finance and Management.
All requests for such approvals s,~ be film wilh the Chief Deputy County Executive.
County Exec~ve of ~uffo~k ~'~'~
cc: Henry L. Barton, Jr., Clerk of the Legislature
COUNTY OF SUFFOLK
OFFICE OF THE COUNTY EXECUTIVE
COUNTY
~X~_CUTIVE ORDER NO. 1-200_5 .~m=NDING EXECUTIVE ORDER NO. 4-2004
TO:
FROM:
RE:
All Department Heads
Steve Levy, County Executive ot Suffolk County
Travel Vouchers - Update
Please be advised that Executive Order No. 4-2004, Travel Vouchers, is hereby amended
to read as follows:
PUrsuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be
advised that any requests for approval or payment for travel under Sections
2-16 and 3-2 of the SUFFOLK COUNTY ADMINISTRATIVE CODE shall not
be approved by the County Executive unless'it secures the approval of:
~ [the] Chief Deputy County Executive; and
[Deputy County Executive for Finance and Management]
Jeffrey $~_ho= Deoutv County F, xecutlve and Chief of Staff.
This Executive Order supersedes Executive Order No. 4-2004, Travel Vouchers.
DATED: March //~,,2005.
COUNTY EXECUTIVE OF SUFFOLK COUNTY
] Bmeksts denote deletion of existing language.
Underlining denotes addition of new language.
Henry L. Barton, Jr., Clerk of the Legislature
Kevin S. Law, Esq., Chief Deputy County Executive for Administration and
General Counsel
Paul Sabatino I1, Esq., Chief Deputy County Exem~tive
Frederick B: Poliert, Deputy County Executive for Finance and
Management
Jeffrey Szabo Deputy County Executive and Chief of Staff
Jeanine Dillon, Assistant Deputy County Executive
Adam Santiago, County Exe~utlv~ Assistant, Intergovernmental Relations Division
Amy Engel, County Executive Assistant
Executive's Technology Unit
EO-1.20(~.Trl~el-Vou~her~-updat ed
COUNTYOFb~OFFOLK
OFFIC~ OF ~ COUNTY
EXECUTIVE ORDER NO. 1A-__~O0-__~ .~Mr:NDING EXECUTIVE ORDER NO. 4-2004
FROM:
RE:
All Dep~i.,ent Heads
Steve Levy, County Executive of Suffolk County
Travel Vouchers - Update
Please be advised that Executive Order No. 4-2004, Travel Vouchem, is hereby amended
to read as follows:
Pursuant to Section 3-2 of the SUFFOLK COUNTY CHARTER, please be
advised that any requests for approval or payment for travel and related
' expenses and'attsndan~e under Sections [2-16 and 3-2] ~ of the
SUFFOLK COUNTY ADMINISTRATIVE CODE shall [not] orllv be approved
by the County Executive [unless it secures the a~bproval of] or bv:
Paul Sabatino I1, Chief Deputy County Executive; and
Jeffrey Szabo, Deputy County Executive and Chief of Staff.
This Executive Order supersedes Executive Order No. 4-2004, Travel Vouchers.
COUNTY EXECUTIVE OF SI.1FFOLK COUNTY
[ ] Brackets denote deletion of existing language.
. Underlining denotes addition of new language.
Henry L Barton, Jr., Clerk of the Legislature
Kevin S. Law, Esq., Chief Deputy County Executive for Administration and
General Counsel
Paul Sabatlno II, Esq., Chief Deputy County Executive
Frederick B. Pollert, Deputy County Executive for Finance and
Management
Jeffrey $~ho Deputy County Executive and Chief of Staff
Jeanine Dillon, Assistant Deputy County Executive
Adam Santiago, County Executive Assistant, Intergovemmantal Relations Division
Amy Engel, County Executive Assistant
Executive's Technology Unit
EC)-I A-200~Tmvel. Vou~em-updated- 1A
COUNTY OF SUFFOLK
OFFICE OF THE COUNTY COMPTROLLER
JOSEPH SAWICKI, Jl~
Comptroller
DEPARTMENT OF AUDIT AND CONTROL
Comptroller's Rules and Regulations
for Consultant's Agreements
Revised 12/2009
TABLE OF CONTENTS
Purpose ....................................................................................... 1
Scope .......................................................................................... 1
Definitions ................................................................. ~ .................. 1
Allowable Claims ........................................................................... 1
Claim Submission ........................................................................... 2
Out of Pocket Expenses ................................................................... 3
Sub-Contractor Claims ..................................................................... 5
Certified Statements ........................................................................ 6
EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
County of Suffolk, standard Payment Voucher
= FORM PV ...................................................... 8
Consultant's Time Summary
FORM A & C 108 ............................................. 9
Consultant's Expense Summary
FORM A & C 109 ............................................ 10
1
1. Purpose - This manual establishes procedures for the reimbursement of
expenditures for consultants under contract with the County.
2. Scope - These instructions apply to all County departments and agencies utilizing
consultant services.
3. Definitions
a. Consultant - An individual or fLrrn engaged to provide outside
professional services to Suffolk County departments and agencies.
b. Consultant's Agreement - A written contract describing the specific
services to be rendered by the consultant and the amount and terms of
payment for the services to be made by the County. The consultant's
agreement shall constitute the sole authorization for payment of claims.
The consultant's agreement shall be prepared in accordance with the
County Executive's Operating Procedures, SOP # 1-05. Non-specific
general purpose or lump sum payment agreements are not recommended.
4. Allowable Claims - Only claims which are submitted for expenditures
specifically identified in the agreement will be approved for payment. Oenerally,
the agreement will stipulate a maximum fee for services rendered which is based
upon a rate per day or per hour. Accordingly, a rote schedule is an integral pert of
each consultant's agreement. Increases will be allowed only by amendment to the
agreement. Out-of-pocket expenditures are reimbursable if it is so stipulated in
the consultant's agreement.
o
2
Claim Submission - Consultants should submit their claims for reimbursement
through the County department or agency responsible for the consultant's
assignment, using appropriate forms, as indicated below:
a. Claim Voucher- A County of Suffolk Standard Payment Voucher Form
(Exhibit A) must accompany each consultant claim. The claim voucher
should refer to the consultant's agreement under which payment is
requested and indicate the category of expenses or contract covenant
applicable to the claim voucher. It should be initialed by the depamnental
unit representative under whose supervision or jurisdiction the work was
performed, signifying that the consultant has complied with all the terms
and conditions of the agreement under which the payment is requested.
The voucher must then be signed by the department head or his duly
authorized representative and forwarded to the Department of Audit and
Control for payment.
b. Consultant's Time Summary. FORM A&C 108 (Exhibit B) - The
Consultant's Time Summary should be used to record daily hours worked
by each staff member of the consultant working on the project. Space is
provided to record and extend the hours and wages of each staff member
assigned to the project on one form. The completed FORM A&C 108
must be signed by and authorized individual of the consultant's firm. It
should then be attached to the County of Suffolk Standard Payment
voucher form. A copy of the consultant's payroll register with a cover
letter indicating the individuals charged to the project for the claim period
will be accepted as a substitute for the Consultant's Time Summary.
Consultant's Expense Summary, FORM A&C 109 (l:.xhibit C)- The
Consultant's Expense Sununary should be used to detail expenses for
travel, meals, lodging or other necessary and reasonable out-of-pocket
expenditures incurred on the project. Each expense item should be
documented by a receipted bill, sales slip or invoice which totals the daily
expenditures shown on the form. The completed FORM A&C 109 must be
signed by an authorized individual of the consultant's firm. It should then
be attached to the County of Suffolk Standard Payment Voucher Form.
o
Out-of-Pocket Expenses - If these expenses are reimbursable under the
consultant's agreement, the following rules and guidelines should be considered
before incurring such expenses and submitting claims:
a. Meals - Meals are reimbursable under a consultant's contract only if the
purpose of the meal is valid, that is, authorized under the contract as
sustenance while traveling. Effective October 1, 2009, the per diem meal
allowance shall be in accordance with the current maximum
reimbursement rate for food as established by the U.S. General Services
Administration for the New York region. As published in IRS Publication
1542 (rev. October 2009), the 2009 per diem meal and incidental rate is
4
$71.00 per diem including tax. Audit and Conltol should be contacted for
allowable rates for future fiscal periods. (Gratuities, at a reasonable and
customary rate, shall be reimbursed over and above the state limits).
The County will not honor claims for the reimbursement of "business
meals" submitted by members of the consultant's firm who are not
traveling out of town (overnight) in performance of the contract. Where a
consultant meets the necessary criteria to be reimbursed for meals, no
receipts will be necessary but a certified statement will be required.
b. Lod~in~ - Effective October 1, 2009, claims for lodging will be
reimbursed at a rate not to exceed the current maximum reimbursemen!
rate for lodging as established by the U.S. General Services
Administration for the New York region as published in the IRS
Publicationi$42 (rev. October~ 2009). The 2009 per diem rate for
lodging is $130.00 including taxes. Claims for lodging must be
accompanied by paid receipts. Audit and Control should be contacted for
the allowable rate for future fiscal periods.
c. Airfare - Airfare will only be reimbursed at the economy coach rate and a
receipt will be necessary. Individuals choosing to fly first class will not be
reimbursed for the premium expenses incurred.
d. Mileage - The County will reimburse mileage claims in accordance wilh
the applicable current rate allowed by the U.S. Internal Revenue Service.
As of,January 1, 2009 the rate is $.55 per mile and January 1, 2010 the
rate is $.50 per mile. The consultant must provide origin, destination and
miles traveled for each trip. Audit and Control should be con~acted for the
allowable rate for future fiscal periods.
e. Taxis - Taxi fares up to $25.00 will be reimbursed based on actual receipt
or certified statement. Any taxi expenses in excess of $25.00 per trip will
require receipts. Receipts and certified statements shall include origin and
destination, as well as the purpose of the trip.
f. Subways and Buses (local) - A certified statement will be adequate
documentation for these expenses.
g. Tolls - Receipts or certified statement will be adequate documentation for
these expenses.
h. Telenhone Expenses - Telephone expenses up to $25.00 per month will be
reimbursed based on a receipt or certified statement. Telephone expenses
totaling over $25.00 will require copies of the telephone company bills
with the appropriate calls circled.
i. Photocopies - In lieu of a specific contract for photocopies, the County
will reimburse at a cost not to exceed $.15 per copy, including labor. A
certified statement will be adequate documentation for reimbursement.
Sub-Contractor Claims - When the consultant is authorized in the Consultant's
Agreement to hire a sub-contractor, the Comptroller's Office should be supplied a
copy of the sub-contractor's agreement. Claims will not be processed if they are
6
not in compliance with the contract between the Consultant and the County. The
reporting requirement of the sub-contractor will be the same as that of the
Consultant. Details of all expenditures claimed must be documented in the same
manner. If the sub-contractor's agreement with the Consultant is a lump-sum
payment agreement, detailed documenlation reporting requirements are waived.
8. Certified Statements - When the consultant incurs minor travel or other out-of-
pocket expenses for which receipts are not available, he shall prepare an itemiTed
statement detailing the type and amount of expense, including the time, date, and
place incun~'d. After summarizing expenses claimed, the consultant must add and
sign the following certification terminology:
"The above expenses are true and just and are a re-suit of busings
conducted in accordance with the terms of the contract with Suffolk County,
and have not be been previously paid."
Signature of Authorized Person
g~HmlT A
CONSULTANT'S NAM~ ~ BBGiI~'~4G PI~IOD ~IN~
A~1310u F'A~ B"i'URE
CON~TANT*S NAME ~ B]8(]Jl~m~] P~q~0D ~
CONTRACTOR NAME
ADDRESS
CONTACT
STATEMENT OF OTHER CONTRACTS
Town of Southold Senior Services
750 Pacific Street, P.O. Box 85, Mattituck, New York 11952
Karen McLaughlin, Director
PHONE NUMBER 631 298-4460
AGREEMENT TERM OF
PROGRAM NUMBER CONTRACT WITH AGREEMENT AMOUNT
III-C-1 Congregate ~ No-001-6790/6796/6774- Suffolk County Office for 01/01/11 - 12/31/11 ~
Nutrition Program~., 4980 .~ the Aging Fourth Amendment $ 76,075.00~.~
III-C-2 Home Delivered (~ ~ -6776-3330-95284- Suffolk County Office for 01/01/11 - 12/31/11 (x "-'-'~
Meal Program~/ 1792 the Aging Fourth Amendment $ 166,038.00
AAA Transportation No-001-6806 4980-95285 Suffolk County Office for
Assistance Program 1389 the Aging 04/01/11 - 3/31/12 $ 5,402.00
CSE Residential Repair No-001-6777-4980 Suffolk County Office for
Program 95285-4680 the Aging 04/01/11 - 03/31/12 $ 20,400.00
Indicate (a) type of organization - County, State, Federal or Other and (b) name of Department, Agency or Organization.
STATEMENT OF OTHER CONTRACTS 05
2/2012
'SUMMARY - RFQ FOR CONGREGATE NUTRITION PROGRAMS 2012
PROPOSER: Town of Southold
GEOGRAPHIC CATCHMENI AREA:
Town of Southold: 2000 US Census Tracts 1700.01, 1700.02, ]701.01.
1702.0], 1702.02
PROVIDE ONE COPY.OF THIS SUMMARY SHEET FOR EACH PROGRAM CATCHMENT
AREA. YOU MAY MAKE PHOTOCOPIES OF THIS FORM.
TARGET COMMUNITY:
Town of Southold includin$ the Village of Greenport (1701.01)
I--X-'] CO N~ REGATE [---] CATERED
COOK ON SITE
57
6AM -
5PM
Number of meals to be served each day - Congregate
Number of days per week for program
Circle days of program {~) ~ (~
Hours of operation each day
Location for congregate site:
Southold Town Human Resource Center, 750 Pacific St.~ Mattituck. NY 11952
(Satelite program ag the P~conic Recreation Center, 970 Peconic Lane, Peconic, NY 11958
pending approval from SCOFA and Suffolk County Health Dept. Meals will be preparedw
Location of program administration, E different from congregate site:
Pro~ram administration will remain at the Hl,m~n Resource Center.
Please state any additional information affecting service delivery:
~ at the Human Resource Center and transported to Peconic Center Kitchen for a two day
per month lunch program for eligible seniors. Anticipated start is Fall 2011.
OFFICE USE ONLY:
Revised 7#25/11
RFQ NPE 2012
-SUMMARY - RFQ FOR HOME DELIVERED NUTRITION PROGRAMS 2012
PROPOSER: Town of Southold
GEOGRAPHIC CATCHMENT AREA:
Town of Southold: 2000 US Census Tracts 1700.01, 1700.02, 1701.01,
1702.01, 1702.02
PROVIDE ONE COPY OF THIS SUMMARY SHEET FOR EACH -PROGRAM CATCHMENT
AREA. YOU 'MAY'MAKE PHOTOCOPIES OF THIS FORM.
TARGETCOMMUNITY: Town of Southold includin8 the Village of Greenport (1701.01)
112
6AM
5PM
F'~ HOME-DELIVERED
Number of meals to be served each day - Home-Delivered
Number of days per week for program
Circle daysof program {~ ~ ~ i~)
Hours of operation each day
---]CATERED ~-1 COOK ON SITE
Location for home delivered site:
$outhold Town Human Resource Center, 750 Pacific St.~ Mattituck. NY 1195'2
Location of program administration if different from home delivered site:
Same
Please state any additional information affecting service delivery:
OFFICE USE ONLY:
Revised 7//25/11
RFQ NPE 2012
RFQ No.
LEGAL HOLIDAY SCHEDULE
NUTRITION PROGRAM FOR THE ELDERLY
HOLIDAY
NEW YEAR'S DAY
DR. MARTIN LUTHER
KING, JR. DAY
LINCOLN'S
BIRTHDAY
PRESIDENT'S DAY
MEMORIAL DAY
INDEPENDENCE
DAY
LABOR DAY
COLUMBUS DAY
ELECTION DAY
VETERANS DAY
THANKSGIVING DAY
CHRISTMAS DAY
DATE
2012 2013 2014 2015
MONDAY, TUESDAY, WEDNESDAY, THURSDAY,
JANUARY 2 JANUARY1 JANUARY1 JANUARY1
2016
FRIDAY,
JANUARY 1
MONDAY, MONDAY, MONDAY, MONDAY, MONDAY,
JANUARY16 JANUARY21 JANUARY20 JANUARY19 JANUARY18
MONDAY, TUESDAY, WEDNESDAY, THURSDAY, FRIDAY,
FEBRUARY13 FEBRUARY12 FEBRUARY12 FEBRUARY12 FEBRUARY12
MONDAY, MONDAY, MONDAY, MONDAY, MONDAY,
FEBRUARY20 FEBRUARY18 FEBRUARY17 FEBRUARY16 FEBRUARY15
MONDAY, MONDAY, MONDAY, MONDAY, MONDAY,
MAY28 MAY27 MAY26 MAY25 MAY30
WEDNESDAY, THURSDAY, FRIDAY, FRIDAY, MONDAY,
JULY 4 JULY 4 JULY 4 JULY 3 JULY 4
MONDAY, MONDAY, MONDAY, MONDAY, MONDAY,
SEPTEMBER 3 SEPTEMBER 2 SEPTEMBER 1 SEPTEMBER 7 SEPTEMBER 5
MONDAY, MONDAY, MONDAY, MONDAY, MONDAY,
OCTOBER 8 OCTOBER 14 OCTOBER 13 OCTOBER 12 OCTOBER 10
TUESDAY, TUESDAY, TUESDAY, TUESDAY, TUESDAY,
NOVEMBER6 NOVEMBER5 NOVEMBER4 NOVEMBER3 NOVEMBER8
MONDAY, MONDAY, TUESDAY, WEDNESDAY, FRIDAY,
NOVEMBER12 NOVEMBER11 NOVEMBER11 NOVEMBER11 NOVEMBER11
THURSDAY,
NOVEMBER28
THURSDAY,
NOVEMBER27
THURSDAY,
NOVEMBER22
THURSDAY,
NOVEMBER26
WEDNESDAY, THURSDAY, FRIDAY,
DECEMBER25 DECEMBER25 DECEMBER25
TUESDAY,
DECEMBER25
THURSDAY,
NOVEMBER24
MONDAY,
DECEMBER26
Revised 3/6/12
LEGAL HOLIDAYSCHEDULE 11 rev 5-$-11
COUNTY: SUFFOLK
APPROVED BY:
MENU PLAN - NUTRITION PROGRAM FOR THE ELDERLY
SITE:
SITE MANAGER:
DATE/DAY
MEAT or MEAT ALTERNATE
3 OZ. COOKED EDIBLE
PROTEIN
* VEGETABLES
2 SERVINGS
(1/2 cup o_r equivalent measure)
Vit. C daily &Vit A 3x/wk.
WHOLE GRAIN BREAD or
ALTERNATE
2 SERVINGS
**FRUIT
1 SERVING
(1/2 cup or equivalent measure)
1% or SKIM MILK or
MILK ALTERNATE
I SERVING
(1 cup o~r equivalent measure)
FAT
1 TEASPOON - (Vegetable Oils)
DESSERT
(DISCRETIONARY)
*An additional vegetable may be served in place of a fruit.
**An additional fruit may be served in place of a vegetable.
· Law No. 13-AG-
Rev. 3/7/12
Consultant/Personal Services - HIC Nutrition/SNAP
IFMS No. SC EXE 0000000
001-6790/6797/6774/6777-4980, 6776-3330-95284
o
Grievance Procedures
Purpose
In accordance with §306 (a) (6) (P) of the Older Americans Act, as amended (OAA), the Suffolk County Office
for the Aging has established a process for resolving complaints from older persons who are dissatisfied with or
denied services funded under Title III of the Act.
Notifying Participants of the Right to File a Grievance
a. The Contractor shall inform all participants in the program of the right to file a grievance. A summary of
thc 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 must be in a format approved by Aging and shall also be written in languages
other than English where required to serve the client/applicant population. Service participants shall be
informed of the grievance procedures through written and verbal statements provided to them upon
assessment and/or reassessment for services.
b. A participant or applicant who is denied Title III services by the Contractor and the Aging program
monitor must be given the reasons for the denial. The denial shall be confirmed in writing and the
applicant informed of the right to file a grievance and to whom the grievance shall be addressed. For
services which are applied for by telephone or verbally, in person, the client may be told of the right to
file a grievance verbally.
Grievance Process
a. Filing of grievances must follow the following process:
i. Participants must submit their grievances in writing to Aging's Program Administrator.
ii. The grievance should be filed within thirty (30) days of denial, reduction or termination of
services, or of the event or cimumstances with which the participant is dissatisfied. Aging's
Program Administrator may grant an extension for good cause shown.
iii. The grievance should be filed on the form approved by Aging, which shall include a written
statement setting forth in detail the date, time and cimumstances that am the basis of the
complaint.
b. Investigation and Response to Grievance:
i. The designated reviewer who performs the initial review shall investigate the grievance,
including, as appropriate, meeting with the grievant and other persons involved in the action(s)
complained of or in the denial of services.
ii. The reviewer shall review all pertinent facts and/or documents, and shall determine whether the
agency action was made in accordance with lawful procedures (that is, consistent with applicable
OAA and or State laws, regulations and policies) and supported by the facts.
iii. The designated reviewer shall prepare and send a written response to the grievant and to Aging's
Director within fifteen (15) days after the grievance is filed. The response shall set forth the
circumstances relating to the grievance, the action requested by the grievant, the findings of the
reviewer, a proposed remedial action, if any, and reason(s) for and facts relied on in the
determination.
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Sohold NPE new RFQ TEMPLATE 2012
,Law No. 13-AG-
Rev. 3/7/12
Consultant/Personal Services - HIC Nutrition/SNAP
IFMS No. SC EXE 0000000
001-6790/6797/6774/6777-4980, 6776-3330-95284
o
a. Appeal of Initial Response/Decision:
i. The grievant may initiate a request for subsequent review by Aging's Director within twenty (20)
calendar days following receipt of notification by the Program Administrator of the decision.
ii. Aging's Director shall request copies of the initial file on the complaint in question. Aging's
Director will review the materials to ensure that pertinent policies and procedures have been
applied and followed. If appropriate, Aging's Director or his/her designee will meet with the
older person to allow the grievant an opportunity to present information about the grievance.
iii. If the policies and procedures have been adhered to, Aging's Director will not overturn the
decision of the Program Administrator. If proper policies and procedures have not been applied,
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 older individual and the grievant will
be notified in writing of the result of the subsequent review.
Record Keeping
Aging shall keep the records of the grievance and its handling for seven (7) years following the conclusion of the
calendar year of the occurrence. The file shall contain, at a minimum, but not limited to the initial grievance, any
investigative reports; any written response submitted by Aging or the service provider aging; any documents or other
records submitted by any party; the written Initial Response of the agency, and, if applicable, the notice to the grievant
of the right to an appeal.
Confidentiality
No information, documents or other records relating to a grievance shall be disclosed by program staff or
volunteers in a form that identifies the grievant without the written informed consent of the grievant, unless the
disclosure is required by court order or for program monitoring by authorized agencies.
-- End of Text --
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Sohold N PE new RFQ TEMPLATE 2012