HomeMy WebLinkAboutHRC- IIIC Nutrition Program ®� RESOLUTION 2014-314
•�'� ADOPTED DOC ID: 9672
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-314 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 8,2014:
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 County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs,
for the period January 1, 2014 through December 31, 2014, for congregate dining 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: James Dinizio Jr, Councilman
SECONDER:William P. Ruland, Councilman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
COUNTY OF SUFFOLK
a �
Steven Bellone
COUNTY EXECUTIVE
OFFICE FOR THE AGING
Holly S.Rhodes-Teague
DIRECTOR
April 30, 2014
RECEIVED
The Honorable Scott A Russell MAY 6 2014
Supervisor
Town of Southold Town Attorney's 0Mce
P.O. Box 1179
Southold, New York 11971-0959
Re: 111-C Nutrition WIN
IFMS No. 00000006352
Dear Supervisor Russell:
The fully executed Agreement referenced above is enclosed for your files.
If you need further information, please contact Mary-Valerie Kempinski, Contracts Examiner, at
631-853-8209.
Sincerely,I n e4'1'�x
nne Kandell
Principal Accountant
J K:MVK:II
Enclosures
cc: Mary-Valerie Kempinski
Ellen Frankino
Karen McLaughlin
.G.ISLEVIMVK ALL FORM LETTERSICOVER LETTER FOR NEW AGREEMENT 2009 EF BROOKHAVEN.doc
H.LEE DENNISON BUILDING ♦ 100 VETERANS MEMORIAL HIGHWAY ♦ P.O.BOX 6100 ♦ HAUPPAUGE,N.Y.11788-0099
♦ PHONE(631)853-8200 ♦FAX(631)853-8225
NOTIFICATION OF RIGHTS UNDER
THE LIVING WAGE LAW
According to the provisions of Local Law #12-2001 (the Living Wage law) enacted
by Suffolk County in July of 2001, a living wage rate was established. The Living
Wage shall be adjusted each year in proportion to the increase of the area
Consumer Price Index. Effective January 1, 2014, the Living Wage will increase to
$11.74 per hour with health benefits and $13.37 per hour without health benefits
for covered employees of an agency receiving financial compensation through the
County. The law also mandates that full time workers receive at least 12
compensated days off per year through any combination of sick, vacation or
personal leave and includes paid holidays provided by the employer.
The Suffolk County Department of Labor has been designated as the agency to
administer this law and to this end has established a Living Wage Unit. Further
information concerning the parameters of the Living Wage law may be obtained by
contacting this Unit (631-853-3808) or accessing the Suffolk County web page at
www.co.suffolk.ny.us/labor and following the link to the Living Wage section. All
inquiries will remain confidential.
ORIGINAL.
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Consultant/Personal Services Contract
This Contract("the Contract") is between the County of Suffolk("the County"), a municipal corporation
of the State of New York, acting through its duly constituted Office for the Aging("the Department"), located at
the H. Lee Dennison Building—3rd Floor, 100 Veterans Memorial Highway, Hauppauge,New York(Mailing
address: P.O. Box 6100, Hauppauge,New York 11788-0099); and
the Town of Southold("Contractor"),a New York municipal corporation,having an address at 53095 Main Road,
P.O.Box 1179,Southold,New York 11971.
The Contractor has been designated to receive funds from the County for a IIIC Nutrition Program for the
Elderly("the Services") as set forth in Article I, entitled"Description of Services."
Term of the Contract: Shall be from January 1, 2014 through December 31, 2014, with an option to extend,
to be exercised at the County's discretion, through June 30, 2015 on the same terms
and conditions herein.
Total Meals: Daily Congregate: Daily Home-Delivered Meals:
57—Not to exceed 14,193 annually 112—Not to exceed 29,232 annually
Not to Exceed$78,346 Annually Not to Exceed$171,008 Annually
Total Cost of the Contract: Shall not exceed $249,354.00, as set forth in Article II, attached.
Terms and Conditions: Shall be as set forth in Articles I and II and Exhibits 1 and 2, attached hereto and
made a part hereof and Contractor's Response to RFQ No. 001/201 l/MVK and
associated addendum on file in the Department and which are incorporated herein as
if the same were repeated herein in full.
In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below.
Town of Southold County o uffolk
By: By:
Scott Russell Denni M. Cohen
Supervisor Chief eputy County Executive
Fed. Taxpayer ID#: 11-6001939 Date
Date Iq 1 Approved:
Department
' hereby certifies under l� f
penalties of perjury that I am an 9fficer of By '4 i Z IY
OW d i2e SOiAfkOjd that I have read and I am Holly(S'. Rhodes-Teague Dat
familiars ith§A5-7 of Article V o the!Suffolk folk County Code,and Director, Office for the AgV
that�I ,o„)it 520- S!-) O Ld meets all
requireme to qualify or exemption thereunder. Recom ded:
' �Date �f By:
SignatV Michelle Belsky Date
Approved as to Form: Food Service Supervisor
Dennis M. Brown,
Suffolk Coun,,ror;7
By:
Mary er 0025433
Assis t ounty AlAome y
Date t 2S l
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List of Articles & Exhibits
Article I
Description of Services
Article IA
Grievance Procedures
Article II
Financial Terms and Conditions
1. Conflicting Provisions
2. General Payment Terms
3. Agreement Subject to Appropriation of Funds
4. Accounting Procedures
5. Audit
6. Comptroller's Rules and Regulations for Consultant's Agreements
7. Financial Statements and Audit Requirements
8. Statement of Other Contracts
9. Miscellaneous Fiscal Terms and Conditions
10. Specific Payment 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
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23. Assignment and Subcontracting
24. Changes to Contractor
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. Record Retention
32. Certification Regarding Lobbying
33. Notice
Exhibit 2
Suffolk County Legislative Requirements
1. Contractor'sNendor's Public Disclosure Statement
2. Living Wage Law
3. Use of County Resources to Interfere with Collective Bargaining Activities
4. Lawful Hiring of Employees Law
5. Gratuities
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas
7. Child Sexual Abuse Reporting Policy
8. Non Responsible Bidder
9. Use of Funds in Prosecution of Civil Actions Prohibited
10. Youth Sports
11. Work Experience Participation
12. Safeguarding Personal Information of Minors
13. Suffolk County Local Laws Website Address
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Article I
Description of Services
Town of Southold
Nutrition Program for the Elderly
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. General Description of Services
The Contractor shall provide a Nutrition Program for the Elderly to improve, maintain or delay
the decline in the nutritional status of persons sixty(60)years of age and older and help them to
remain independent in their own homes and communities, as more specifically detailed in
Contractor's Response to RFQ No. 001/2011/MVK and associated addendum on file in the
Department and which are incorporated herein as if the same were repeated herein in full.
3. Adherence to Regulations
a. The Contractor must comply with the regulations and statutes applicable to the conduct of
the Nutrition Program for the Elderly contained in Title III of the Federal Older
Americans Act(42 U.S.C.A. §3030e et seq.) as required by the United States Department
of Health and Human Services, its Administration on 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 in conformity to New York State
Office for the Aging requirements which are incorporated in the Suffolk County Office
for the Aging Policy and Procedure Manuals (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.
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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 and the
Contractor's specifications for Targeting, Outreach and Equal Access, which are attached
and made part of this Contract.
e. 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.
4. Applicable to All Programs
a. In general,but without limitation, the Contractor shall be required to meet the criteria
listed below:
i. Each meal must provide a minimum of one-third of the Dietary Recommended
Intakes ("DRI") for the sixty(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, the Department
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 entree
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.
ii. The Contractor shall cooperate with and accept direction from the Department's
staff.
iii. All nutrition programs which cook on site must hold a complete sample of each
day's meal(s), including all components except milk and bread, in the refrigerator
for five (5) days for testing purposes. All nutrition programs which serve catered
meals must hold a complete sample of each day's meal(s), including all
components except milk and bread, if possible, or hold three (3)tablespoons of
each meal component, in the refrigerator for five (5) days for testing purposes.
iv. All congregate sites will develop and maintain emergency plans for weather and
evacuation. A copy of the plan will be submitted to the Department at least
annually and in the event of modifications to the plans.
V. The County will not reimburse for meals ordered by the Contractor from a caterer
who is directly paid by the County in instances where those meals are not served
or verified as eligible. The cost of those unserved meals will be deducted from the
Contractor's voucher for the month in which they were ordered but not served or
verified.
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b. Specifications for Congregate Meal Programs
i. Persons sixty(60)years of age or older or who are the spouse of an eligible
individual regardless of age are eligible to participate in the congregate program.
Congregate meals may be available to handicapped or disabled persons under
sixty(60)years of age who reside with eligible congregate participants. There is
no means test to qualify. The standardized National Aging Program Information
System(NAPIS) Client Registration Form(see also Policy& Procedure Manual)
or New York State(NYS) Short form must be completed for all participants. All
participants must be re-registered every April 1St
ii. The Contractor's preparation site where the food is prepared, processed, and/or
packaged must meet Suffolk County Department of Health Services and/or State
Department of Health regulations. Consistent with these regulations, all food
handlers who prepare or work with food must have a Food Manager's Certificate.
Periodic physical examinations may be required. Further,the Contractor shall
assure that such employees observe good habits of personal hygiene. The
Contractor must provide the Department with a copy of the most recent Suffolk
County Department of Health Services Food Establishment Inspection Report,
and any subsequent reports issued during the term of the Contract. The Contractor
must provide evidence that any violations cited on said report have been corrected
and that the preparation site remains in compliance with Suffolk County
Department of Health Services and/or State Department of Health regulations.
iii. The nutrition site shall be open as stated on the Summary Sheet, which is attached
and made part of this Contract; fully staffed, during regular business hours based
on local need and available funding. Holiday schedules are to be posted one
month in advance at the nutrition site. The Contractor shall submit copies of all
holiday schedules and staff vacations to the Department.
iv. The Contractor must provide participant transportation as needed and supportive
services as appropriate to the needs and abilities of each participant. Supportive
services include nutrition education, information and referral, outreach,public
information, recreation, shopping assistance, socialization and volunteer activities.
Nutrition education and training must include speakers and/or presentations.
Flyers and hand-outs by themselves are not considered nutrition education.
V. 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).
vi. The Contractor must abide by standards set forth under both Section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (P.L.
101-336) and the regulations thereunder(28 CFR Parts 35 and 36)which require
that all programs and facilities (buildings, restrooms, etc.)must be accessible to
the handicapped.
vii. The site manager shall work closely with the Department's staff and other local
agency staff to provide a full array of supportive services for participants.
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C. Specifications for Home-Delivered Meal Programs
i. Eligibility must be determined prior to the delivery of service by using the
standardized Comprehensive Assessment Tool (COMPASS—Form) (see also
Policy& Procedures Manual—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.
ii. 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.
iii. The Contractor must provide supportive services to the homebound client
according to his or her specific needs. The frequency of the supportive services
will be determined by the individual assessment.Nutritional counseling and
education must be included in this service.
iv. The Contractor shall provide a meal for those holidays and/or weather
emergencies that fall on a weekday. The holiday/emergency meals may be frozen
or canned and must be delivered the last business day before the holiday or
weather emergency. In addition, an emergency supply of shelf-stable food should
be made available twice a year for weather related emergencies. A list of
suggested food items is available from the Department. (see Policy&Procedure
Manuals)
5. Administration
a. Overall administration of this program will be the responsibility of the Contractor. The
Contractor or its designee will insure proper implementation and direction of the service,
act as liaison between the Department and the actual service and insure accuracy and
timeliness of submission of all reporting forms and expenditures.
b. Program Staff shall attend meetings and training as requested by the Department.
C. Attendance by site managers at site managers' meetings and training sessions is
mandatory. Transportation to these meetings must be accomplished without decreasing
transportation services to the program.
6. Contractor's Staff
a. The Contractor agrees to employ adequate numbers of qualified staff and supervisory
personnel to meet all the specifications and responsibilities of the program in an orderly,
punctual and reliable manner and to assure the health, safety, and welfare of participants.
Personnel involved in all aspects of food handling and preparation are to be in good
health and trained to ensure the safety standards of the food prepared and served. A full-
time manager/supervisor will direct and coordinate the daily operations. All meetings and
trainings required by the County are to be attended by the appropriate staff. The
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Contractor will have on file with the Department the procedures to be followed by
workers and other staff in case of emergency.
b. The County shall have the right to prior approval of the filling of any site manager position
and the home-delivered meal assessor,and shall be advised by the Contractor of the duties and
compensation of all personnel assigned to the Nutrition Program for the Elderly Program.
7. 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.
8. Targeting and Outreach
a. Targeting activities must be designed to identify individuals in the target populations who
need services and to increase service delivery to the target population by linking targeted
populations to, or providing them with, appropriate service. Consistent with the Older
Americans Act(OAA) and NYS applicable regulations, including the following laws: the
OAA, Title III of the Code of Federal Regulations, 45 CFR 1321; the NYS Elder Law and
relevant NYS regulations (Title 9, Subtitle Y of the New York State Code of Rules and
Regulations); the Contractor's targeting goal is to substantially increase the numbers of
older adults from targeted population groups (minority, low-income, frail, vulnerable).
b. The Contractor must give preference to providing services to older individuals with the
greatest economic or social needs with particular attention to specifically identified
targeted groups, (OAA §305 (a)(2)(E)). The term"greatest economic need" is defined as
the need resulting from an income at or below the poverty levels as established annually
by the U.S. Office of Management and Budget. The term "greatest social need" refers to
the need caused by non-economic factors which include physical and mental disabilities,
language barriers and cultural, social or geographical isolation including isolation caused
by racial or ethnic status that restricts an individual's ability to perform normal daily tasks
or threatens the capacity of the individual to live independently(OAA §102 (23 and 24)).
C. The following four target groups have been identified as having the greatest economic
and social needs: minority, low income, frail and vulnerable.
i. Minority-persons of Black, Hispanic, Asian,Native American(American
Indian), Alaska Native,Native Hawaiian or Other Pacific Islander origins. Persons
whose origins are of Two (2) or More Races or who are identified as being in a
racial category different from those above (other than white)may be included(see
the Other Race or Two (2) or More Races categories, defined below).
a) Black- refers to a person who has origins in any of the Black racial groups
of Africa. This includes, for example, persons who self-report as Black,
African American, Kenyan,Nigerian, Haitian or other applicable
identification.
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b) Hispanic (or Latino) -refers to a person of Cuban, Mexican, Puerto Rican,
South or Central American, or other Spanish culture or origin regardless of
race. Hispanic origin can be viewed as the heritage, nationality group,
lineage, or country of birth of the person or the person's parents or
ancestors before their arrival in the United States. People who identify
their origin as Hispanic, Latino, or Spanish may be any race.
C) Asian-refers to a person having origins in any of the original peoples of
the Far East, Southeast Asia, or the Indian subcontinent, including, but not
limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,the
Philippine Islands, Thailand, and Vietnam.
d) American Indian or Alaska Native - refers to a person having origins in
any of the original peoples of North and South America(including Central
America) and who maintains tribal affiliation or community attachment.
This category includes people who indicated their race(s) as "American
Indian or Alaska Native" or reported their enrolled or principal tribe, such
as Navajo, Blackfeet, Inupiat, Yup'ik, and/or Central American or South
American Indian groups.
e) Native Hawaiian or Other Pacific Islander-refers to a person having
origins in any of the original peoples of Hawaii, Guam, Samoa, or other
Pacific Islands.
f) Other Race or Two (2) or More Races -this category includes persons who
self-identify as multiracial, mixed, interracial, or a racial category other
than white, not included in the descriptions above.
ii. Low—Income - Persons with incomes at or below 100% (150% for WIN) of the
poverty level.
iii. Frail—Persons with one or more functional deficits in the following areas:
a) Physical functions;
b) Mental functions;
C) Activities of daily living(eating, bed/chair transfer, dressing, bathing,
toiletry and continence); and/or,
d) Instrumental activities of daily living(meal preparation, housekeeping,
shopping, medications,telephone,travel, and money management).
Disabled—Any person who has a physical or mental impairment which
substantially limits one or more major life activities, has a record of such
impairment, or is regarded as having such an impairment. This includes
alcoholism and drug addiction.
iv. Vulnerable—Persons with a deficit of social resources, those who are isolated
socially, linguistically or geographically, and/or those affected by other
environmental conditions including the following:
a) Language barriers; Limited English Proficiency- Individuals who do not
speak English as their primary language and who have a limited ability to
read, write, speak, or understand English may be limited English
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proficient, and may be eligible to receive language assistance with respect
to a particular type of service, benefit, or encounter.
b) Rural residence;
C) Persons with disabilities;
d) Institutionalized or at risk of institutionalization;
e) Lesbian, gay, bisexual,transgender(LGBT) older adults;
f) Low literacy;
g) Older adult caregivers of children with developmental disabilities, mental
illness, or other disabilities requiring a caretaker(e.g.,traumatic brain
injury);
h) Homebound; and,
i) Alzheimer's or other Dementia.
d. In order to comply with Targeting requirements, the Contractor must employ Outreach
Strategies which may include, but are not limited to, locating target populations using
Census or other resource data, translated printed materials, location of services in
catchment areas for targeted populations, publicity to community-based groups, and
minority staff/volunteers.
9. Equal Access
a. The Contractor shall comply with requirements for equal access including language
accessibility, nondiscrimination and concentration of services on target populations.
b. The Contractor shall provide maximum accessibility to those older adults in greatest
economic or social need, and new sites shall be free from architectural barriers that limit
participation of disabled older individuals (NYS regulations, Title 9, Subtitle Y, §6652.2
(1)). Accessibility requirements include provision of services and assistive devices
(including assistive technology services and devices) designed to meet the unique needs
of older individuals who are disabled, and of older individuals who provide
uncompensated care to their adult children with disabilities. Providers must ensure that
communications with individuals with disabilities are as effective as communications
with others (ADA, 28 CFR 35.160-35.164). For example, auxiliary aids and services may
include:
• For individuals who are deaf or hard of hearing: qualified interpreters, notetakers,
computer-aided transcription services, written materials, telephone handset
amplifiers, assistive listening systems, telephones compatible with hearing aids,
closed caption decoders, open and closed captioning, telecommunications devices
for deaf persons (TDDs), videotext displays, and exchange of written notes.
• For individuals with vision impairments: qualified readers, taped texts, audio
recordings, Brailled materials, large print materials, and assistance in locating
items.
• For individuals with speech impairments: TDDs, computer terminals, speech
synthesizers, and communication boards.
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C. Additionally, consistent with the Civil Rights Act of 1964, Title VI, the Title VI
regulations, federal Executive Order 13166, and the NYS Human Rights Law, all
subcontractors are required by law to take reasonable steps to provide meaningful access
to limited English proficient persons. All aging services providers are obligated to
provide reasonable,timely, and appropriate language assistance to the limited English
proficiency(LEP) populations each serves.
Mandated Action:
The Contractor shall,at a minimum,maintain a telephonic interpretation service contract
or similar community arrangement with a language interpretation services provider of their
choice.The Contractor's staff for this program with public contact must be aware of,and
trained in the timely and appropriate use of,these language services.The Contractor shall
also ensure that LEP persons are informed of the availability of language assistance,free of
charge, by providing written notice in languages LEP persons will understand at service
locations.
10. Reporting Requirements
a. For reports required for this fee-for-service Contract, one (1)unit of service is equal to
one meal. For Nutrition Education, each participant of a group or individual session
receives one (1) unit of service. For Transportation, one (1)unit of service is each one
way trip per person.
b. The following forms and reports are required by the County to meet the standards of the
Nutrition program:
i. Monthly Program Reports
Copies of the participant daily sign-in sheets must be received in the Department
by the eighth(8th) day following month's end.
The units of service/unduplicated count report, including targeting results, is due
the eighth(8th) day following month's end.
The activity report is due one (1) week prior to the month reported.
Menu forms are due four(4) weeks prior to the serving cycle.
ii. Monthly Fiscal Reports
Suffolk County Office for the Aging Forms NPAG 2 (congregate),NPAG 3
(home-delivered),NPAG 4 and NPAG 5 are due the eighth(8th) 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).
iii. Demographics
The Contractor must at a minimum determine and maintain the following specific
type of demographic information for each individual receiving services:
• Name.
• Sex.
• Age.
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• Disabled/Frail.
• Vulnerable.
• Lives Alone.
• Low Income—The need resulting from an income level at or below the
poverty threshold, as established by the Bureau of the Census, and updated
annually as follows:
Size of Family Unit 100 % of Poverty Threshold 150% of Poverty Threshold 185% of Poverty Threshold
1 $11,670/year $17,505/year $21,589.50/year
2 $15,730/year $23,595/year $29,100.50/year
• Minority.
• Low Income Minority—Those minority persons whose income is at or
below the poverty threshold.
C. Electronic Reporting
i. The Contractor shall maintain electronic records on all program participants using
the most currently approved form provided by the Department and compliant with
State and Federal reporting requirements. Data for all participants must be
updated monthly.
ii. In order to comply with electronic reporting requirements,the Contractor must have
adequate computer equipment and software available to support the approved form.
iii. NAPIS required registration must be completed for all congregate and home-
delivered meal participants. The congregate NY Short Form or NAPIS Client
Registration Form and home delivered NY Comprehensive AFM form or
subsequent approved assessment tool(s) must be entered electronically in 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 1)prior to the
delivery of service using the NAPIS required NY Comprehensive AFM form or
subsequent approved assessment tool, or 2) in cases where there is a documented
emergency,the assessment must be done within five(5) working days of service
delivery. The Contractor shall contact the Department's Nutrition Unit of any
occurrence whereby the assessment is not completed under 1) or 2) above. Each
participant receiving home-delivered meals must be reassessed at appropriate
intervals based on each participant's situation, but in no instance less frequently
than at least once in each 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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11. Incident Reporting
a. The Contractor agrees to provide the Department with reports of all instances of claims,costs,
damages,and injuries to persons or property of whatsoever kind arising out of services
provided under this Contract. All such notifications should be given to the Department
immediately after the incident,if possible,but in no case longer than five(5)days after the
incident. The Contractor further agrees to send the Department copies of all"notices of
claim"or any other papers relating to litigation it receives relating to the program covered
under this Contract.
b. The Contractor will report at least verbally to the Department,within twenty-four(24)
hours any incidents involving the client, whether the incident requires medical attention
or not. A written follow up of such incident shall be sent to the Department within five (5)
days of occurrence. The Contractor will report any circumstances outside normal events
that affect the well-being of the client, including deteriorating conditions and significant
changes that might lead to unsafe conditions for the client.
12. Confidentiality
Confidential records shall be maintained on each recipient. Reports, as required by the
Department, should not contain the names of any clients, and identifying codes should be used to
indicate particular clients served, if necessary.
a. The Contractor agrees that no personal information obtained from an individual in conjunction
with this program shall be disclosed in a form in which it is identified with the individual
without such individual's written consent to such disclosure,except to the Department.
b. In the case of a request by the Department for names and addresses of individuals
participating in the program,the Contractor shall furnish such information as requested.
Failure to comply with a request by the Department for such information shall be deemed
a material breach of this Contract and shall result in a freeze on all monies due and owing
to the Contractor until compliance by the Contractor.
13. Promotions and Advertising
a. It is the responsibility of the Contractor to provide publicity for the program and to have an
identifying logo in equal sized lettering on any printed materials and on all brochures,flyers,and
advertisements(including without limitation television graphics),and on program vehicles,as
follows:
Purchased with Federal Funding: Purchased with State/County Funding:
Funding provided by the Funding provided by the
U.S. Dept. of Health and Human Services
through the New York State Office for the Aging New York State Office for the Aging
and the through Suffolk County
Suffolk County Office for the Aging
b. Any announcement of the program on radio or television must identify funding in the same
manner.
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C. The provisions of this paragraph shall prevail over any conflicting provisions of
Exhibit I Paragraph 27.
14. Contributions
a. The Contractor has the obligation to inform each recipient of the service of the
opportunity to make a completely voluntary and anonymous contribution toward the cost
of the service. Service may not be denied if a person is unable or unwilling to make a
contribution. The Contractor must maintain an audit trail of all incoming contributions
and make monthly reports of any contributions received. All contributions must be used
to enhance services. All printed materials used for the program must include the sources
of funding for the Program and must include the following information:
Contributions to this (these) service(s) are completely voluntary and anonymous.
Service will not be denied because of inability or unwillingness to contribute. Any
contribution you wish to make will be used to expand the program and will be
greatly appreciated.
b. Each recipient of service must be informed in writing of the opportunity to contribute at
least annually.
C. In the congregate setting,the Contractor must provide a locked box and envelopes for the
suggested meal donations for the participants in order to protect the confidentiality of
program participants' identities and the amount which they contribute. The suggested
donation amount will be determined through consultation with the Suffolk County Office
for the Aging and the Site Council.
i. All sites must post the suggested contribution for program participants.
ii. Price of the meal for guests must be posted.
iii. The above two amounts are to be posted near the locked box.
d. For home-delivered meal participants, the Contractor must provide envelopes for the
suggested meal donations of the participants in order to protect the confidentiality of the
program participants' identities and the amount which they contribute.
e. The Contractor must encourage individuals with self-declared incomes at or above 185%
of the federal poverty guideline to contribute at levels based on the actual cost of services.
15. Soliciting Participant Comments & Satisfaction Surveys
Pursuant to the NYS Office for the Aging Regulations Section 6654.8, the Contractor shall
develop and implement procedures to obtain the views of program participants about the services
they receive. Copies of records of such views shall be maintained for at least five(5)program
years and shall be available to the Department for inspection upon request. Such method shall
respect the client's right to confidentiality. In any event, at the conclusion of the service, but not
less often than annually, the Contractor shall send each recipient an evaluation letter and survey
in the form approved by the Department, informing him/her of the sources of funding for the
program and including the following information:
Contributions are welcomed and are used to expand this service.
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16. Monitoring
a. Financial Transactions
The Department's staff and staff of the New York State Office for the Aging may
examine or review evidence regarding the existence, timing and classification of financial
transactions that are charged to the program for reimbursement. To obtain this evidence,
such staff may examine documentary evidence, including financial statements, financial
reports, 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 the Department's periodic physical
verification of cash, food, equipment, supplies and other assets of the program.
b. Program
The Contractor agrees to permit the Department's staff and staff of the New York State
Office for the Aging to review program records and to monitor training, supervision and
services at any time.
17. Grievance Procedures
In accordance with §306 (a) (6) (P) of the Older Americans Act, as amended(OAA),the
Department has established a process for resolving complaints from older persons who are
dissatisfied with or denied services funded under Title III of the Act. The Contractor shall
comply with the requirements of the Grievance Procedures as set forth in Article IA.
18. Certificate of Incorporation
The Contractor(if not a town or other municipal corporation) shall furnish the Department with
certified copies of its Certificate of Incorporation and bylaws, including any amendments thereto,
at the time it signs this Contract,to the extent not already on file with the Department, and any
amendments thereto during the term of this Contract promptly upon their adoption, and a list of
the board members governing the Contractor from time to time. The Contractor shall not dissolve
any existing corporation or establish any new corporation with the responsibility for the operation
of the program without the prior written approval of the Department.
The remainder of this page is intentionally left blank
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GENERAL FOOD SPECIFICATIONS
FOOD SPECIFICATIONS FOR CYCLE MENUS
Meat or Alternate
Meats-USDA Choice or Better
Preservatives,tenderizers, or coloring agents may not be added to any fresh meat or fresh meat product.
Vegetables and Fruits
All fresh fruits and fresh vegetables must not contain bisulfates.
All fresh fruits and fresh vegetables must be washed.
Fresh Fruit Minimum Size
Oranges 113
Apples 120
Bananas 150
'/z 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.
End of Text for Article I
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Contractor's Response to RFQ No. 001/2011/MVK
For Nutrition Programs for the Elderly
Town of Southold
Rev.7/9/12
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Contractor's Response for Targeting, Outreach & Equal Access
For Nutrition Programs for the Elderly
Town of Southold
Rev.7/9/12
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';o of
Town of Southold ® Nutrition Program
750 Pacific Street W '` � Home Delivered Meals
P.O.Box 85 � Case Management
Mattituck,NY 11952 Essential Transportation
Tel.(631)298-4460 ®.( �� °�e Senior Adult Day
Fax(631)298-4462 Care/Katinka House
Telephone Reassurance
Residential Repair
Re\,is1 dv,*-- 4
SOUTHOLD TOWN HUMAN SERVICES
Program Narrative 2014
Nutrition Pro-orams for the Elderly
III-C-1 Congregate Nutrition
III-C-2 Home Delivered Meals
Income Projections:
For program year 2013 year-to-date(1/1/13-11/30/13),the Town of Southold provided
12,556 meals to seniors in our Congregate Dining Program and delivered 24,386 meals to the
homebound elderly. While service delivery is slightly below 2013 projections,I would request
we continue with our current service delivery plan for 2014(112 units per day for home delivered
meals and 57 units per day for congregate meals).Our program staff continues to work diligently
with our homebound clients and their families to promote the transition to the congregate dining
program once they are no longer eligible for the home delivered meals program.For 2014,our
anticipated income for the III-C—1 (Congregate Dining Program)is$45,000.00 and$70,000 for
the III-C-2(Home Delivered Meals Program).Our suggested,voluntary and anonymous
contribution will remain at$4.00 per meal for eligible seniors.No senior is denied a meal for
inability or unwillingness to contribute.
November 2013 marked the opening of our satellite congregate lunch program at the
Peconic Center.As this Center is more centrally located and in closer proximity to the
easternmost areas of the town we anticipate an increase in senior participants.The Peconic Center
serves as the venue for the town wide senior club meetings two times monthly and our initial plan
to provide lunch on site to eligible seniors after their meetings is currently being implemented.
While our service is approved by the SCDOH for a staffed vending operation,we are hoping to
amend our application and make the necessary structural kitchen changes for a full service if
there is a demonstrated need.Any changes will be submitted to SCOFA for review prior to
submission to the SCDOH. In 2014 we are also planning to establish regular route transportation
for seniors who want to attend the program in Peconic on regular meeting dates.
Equal Access to Services and Plan:
In following the guidelines set forth under the Older Americans Act, Southold Town
Senior Services is committed to our goal of providing nutrition and support services to our elderly
residents.According to the 2000 U.S. Census,4%of the elderly residents in Southold Town are
minority.For January 2013 to date,we served 5.5 %minority elderly in our Congregate Dining
Program and 4.1%in our Home Delivered Meals Program. Targeting the low-income minority
elderly living in Southold Town,particularly in the Village of Greenport remains a high priority.
We have continued to increase our visibility and expanded access to our services.Community
Action for Southold Town(CAST)Director, Sarah Benjamin,has been active in reaching out to
our staff on referrals involving individuals 60 years of age and older. CAST is currently rotating
monthly through our community services room at the Center and is actively working with us to
improve service to vulnerable seniors. Since CAST serves a large minority component,they are a
key partner in our targeting plan.In 2014,through her established presence at our Center,Ms.
Benjamin will be better able to assist us in our efforts to develop a cooperative program in which
minority seniors linked to CAST services will come to the Senior Center for lunch and/or
activities.Senior Center Manager,Jacqueline Martinez and Senior Citizen Aide(HDM Assessor),
Auristhela Reinen,will be assisting the Director in developing and expanding outreach activities
as they are both fluent in Spanish.In 2014 we are planning to hire a full time Caseworker Trainee
(Spanish Speaking)to take a lead role in enhancing our outreach efforts.
As a contractor with SCOFA,we will fully comply with the requirements of both the
Equal Access to Services and Targeting Policy(12-PI 08)and the Telephonic Interpretation
Policy(12-1M-03)to achieve our goal of increasing access to the most vulnerable elderly,
particularly those with limited English proficiency.We have provided information on the Town's
website and have posted service availability at the entrance of our facility ensuring that all LEP
persons are informed of the availability of language assistance free of charge. We will also
maintain a telephonic interpretation service(Currently in contract with Propio Language Services
for telephonic interpretation and document translation services/Suffolk County Contract
#OTPITS-041412).All staff have been instructed in the timely and appropriate use of this
service.In addition,we have been provided access to the Southold Town Justice Court's
comprehensive list of court interpreters that they keep on file pursuant to section 387 of the
Judiciary Law.
Lynne Richards,Southold Town Disabilities and ADA Coordinator now has an office on
site at the Senior Center one day per week to provide advocacy to town residents with disabilities
and their families. Seniors with disabilities can access various services including ADA
compliance questions/complaints and can receive assistance in identifying and applying for
services.The Town also assists income eligible seniors with necessary modifications through the
home repair program funded with community development block grant funds.The Town has
earmarked funding for 2013/14 for the purchase of portable ramps to assist seniors in accessing
their homes after temporary illness or injury. Our Residential Repair Program is also available to
install grab bars or other adaptive devices to assist seniors in need of special equipment. Lastly,
we have two available CCTV units on site and at the Island Community Center on Fishers Island
to better assist seniors with low vision remain independent with their IADL's. Funding for these
magnifiers was provided through New York State Office of Children and Family Services.
In 2011 we established a working relationship with SAGE organization to expand their
activities and services to the LGBT community on the north fork.While the monthly group
meetings and lunch have not continued on site,we receive regular newsletters and
correspondence from SAGE and post all information on our main bulletin board for the Senior
Center.
We continue to broaden our community outreach efforts to include daily public service
announcements on Cablevision Channel 22—Government Access Television and WLNG-
Radio/92.1 FM. In addition to our existing print outreach activities of brochures,newspapers,
senior center menus and activity calendars and we are featured in Eastern Long Island Hospital's
a
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. We provide round trip transportation to any interested senior in Southold Town.In 2011
the Town of Southold launched a new website @southoldtown.northfork.net where all menus
and activities are posted weekly and important links for forms and services can be easily
accessed.
Emergency Plan:
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 a Deputy 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 on-call staff is trained
in working with the elderly and the both the main building and our annex building are equipped
with emergency generators. The annex building,Katinka House,houses our social model adult
day care program and is designed to shelter cognitively impaired/frail seniors without special
medical needs. The American Red Cross provides training annually to shelter volunteers to
provide for additional support as needed during emergencies.In addition,Town of Southold has
earmarked Community Development Funds for 2013/14 to renovate two existing bathrooms and
add shower facilities.
In the event of an emergency(weather related or other,i.e.terrorism alert,etc)the Town
Supervisor acts as the Emergency Manager for the Town. He declares a state of emergency,and
mobilizes the emergency management team. The local Emergency Operations Center(EOC)is a
clearinghouse for all calls. The EOC identifies the need and directs individuals to the appropriate
services. The Senior Center staff has a list of seniors that are identifies as high priority for
evacuation and the Senior Center Director and staff call the seniors and notify the local EOC.
The volunteer fire departments coordinate with the evacuation centers. Seniors with special
medical needs are encouraged to register with the Suffolk County Office of Emergency
Management.Those seniors on our home delivered meals program are asked as part of the SAMS
Assessment if they are registered in the event of an emergency.If any senior would like to
register, our Assessors will go online and complete the application for them. We are hoping to
provide a direct link to Suffolk County EMS on the Southold Town Emergency Management
webpage to improve visibility and access to the medical special needs registry. Those seniors
without special needs are directed to the general evacuation center in their local schools.For all
seniors,the local radio stations broadcast instructions for emergency preparedness and direct
them to the appropriate evacuation centers. . With the introduction of the new GIS system,data
on our frail seniors can be accessed and interfaced with emergency evacuation lists in vulnerable
flood zone areas.
If the Center is closed early for a weather related emergency,all seniors are transported to
their homes. If the Center is closed,seniors are alerted via the local radio stations and SCOFA is
notified. All seniors on home delivered and congregate meal programs are provided with a
packet of instructions to follow in the event of an emergency of the Center closing. In many
instances,our Center remains open with no transportation provided. All home delivered meal
participants are provided with emergency frozen and shelf stable meals to use in the event our van
drivers cannot safely deliver due to the weather. These seniors are all called in the early morning
and notified when drivers cannot deliver and necessary follow-up with families is provided when
indicated.In addition to service as an emergency shelter for hurricanes and serious storms,we
also serve as a"cooling"center for seniors during periods of intense heat.
P
In reviewing the Town's response to Superstorm Sandy, Senior Services played a pivotal
role in coordinating evacuation of frail seniors to Peconic Landing and to the Human Resource
Center. Ongoing communication with SCOFA allowed for greater coordination of"wellness
checks"on seniors at greatest risk,particularly in the aftermath of Sandy and the February 2013
Nor'easter that left so many isolated and at risk.Given our experience with these recent events,
we now contact families and/or individuals designated as emergency contacts for our most
vulnerable seniors well in advance to assist in developing an individual safety plan.
Assessment Plan:
In following the guidelines set forth under the Older Americans Act,Southold Town
Senior Services is committed to our goal of providing nutrition and support services to elderly
residents in our community. We employ both full time and part time caseworkers who are our
primary assessors for home delivered meals recipients.Phyllis Markopoulos,MSW and
Auristhela Reinen BSW,CASAC,have extensive experience in working with seniors. Our Center
Manager,Jacqueline Martinez,MSW acts as a back-up in home assessor as needed to avoid
service delay.Client assessments(SAMS)and care plans are completed on all eligible seniors
who request home delivered meals. Service is initiated when a client,family member or other
service provider makes a referral by calling the Center.An intake is completed with basic
information provided and an initial home visit is scheduled with the senior and/or family
caregiver to complete the full client assessment.Once eligibility is determined,the client is
provided service in a timely manner after the home visit is completed.Each client is provided
with a packet of information which includes a program policies and procedures guide and a
comprehensive list of support services available. Six month follow up contact is made by
telephone to each client and an in home visit is completed at least once annually by our
Caseworkers.Clients are seen more frequently depending on their specific needs.To date for
2013, 186 in home assessments and 135 follow up contacts were completed.
Electronic Data Entry and Reporting Compliance Plan:
All(SAMS)client data and rosters are completed by Caseworkers and designated
program staff. Christine Droskoski, Senior Clerk Typist and Cheryl Kaswell,Account Clerk
Typist,and part-time Clerk,Lois Weisenbacher,are responsible for additional electronic data
entry.Jacqueline Martinez,Center Manager is responsible for all required monthly reporting to
maintain full compliance with Suffolk County Office for the Aging.
SUMMARY — FOR CONGREGATE NUTRITION PROGRAMS 2014
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.
TARGET COMMUNITY: Town of Southold including the Village of Greenport (1701.01)
RX CONGREGATE F1 CATERED 5 COOK ON SITE
57 Number of meals to be served each day-Congregate
5 Number of days per week for program
6AM Circle days of program M T W F
5PM
Hours of operation each day- Peconic Center 2nd & 4th Thursdays of each month.
( x ludin July and August)
$4.00 Suggested contribution amounto`ie posed
Location for congregate site:
Southold Town Human Resource Center, 750 Pacific St. , Mattituck NY 11952 and a
satelite program at the Peconic Recreation Center, 970 Peconic Lane, Peconic, NY 11958
2 days monthly.
Location of program administration, if different from congregate site:
Program Administration will remain at the Human Resource Center.
o
Please state any additional information affecting service delivery:
The satelite program in Peconic is an approved staffed vending operation approved by
the Suffolk County Department of Health. All meals are prepared at our location in
Mattituck and transported in single-serve sealed containers at 11:30am and served
immediately around noon.
OFFICE USE ONLY:
Revised 11/21/13
SUMMARY SHEET 2014
6 ' SUMMARY — FOR HOME-DELIVERED NUTRITION PROGRAMS 2014
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.
TARGET COMMUNITY: Town of Southold including the Village of Greenport (1701.01)
F X HOME-DELIVERED CATERED XX COOK ON SITE
112 Number of meals to be served each day— Home-Delivered
Number of days per week for program
6AM Circle days of program ® �T �W TH
5PM Hours of operation each day
Suggested contribution amount
Location for home delivered site:
Southold ;Town Human Resource Center, 750 Pacific St. , Mattituck, NY 11952
Location of program administration if different from home delivered site:
Same
Please state any additional information affecting service delivery:
OFFICE USE ONLY:
Revised 11/21/13
SUMMARY SHEET 2014
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Article IA i. Participants must submit their
Grievance Procedures grievances in writing to Aging's
Program Administrator.
1. Purpose ii. The grievance should be filed
In accordance with §306 (a) (6) (P) of the Older within thirty (30) days of denial,
Americans Act, as amended (OAA), the Suffolk reduction or termination of
County Office for the Aging has established a services, or of the event or
process for resolving complaints from older circumstances with which the
persons who are dissatisfied with or denied participant is dissatisfied.Aging's
services funded under Title III of the Act. Program Administrator may grant
2. Notifying Participants of the Right to File a an extension for good cause
shown.
Grievance
a. The Contractor shall inform all participants iii. The grievance should be filed on
in the program of the right to file a the form approved by Aging,
grievance. A summary of the procedures, which shall include a written
including a statement that assistance to file statement setting forth in detail
shall be provided to older persons,must be the date, time and circumstances
prominently posted at service delivery sites that are the basis of the complaint.
or offices at which participants and service b. Investigation and Response to Grievance:
applicants apply for services. Summaries i. The designated reviewer who
must be in a format approved by Aging and performs the initial review shall
shall also be written in languages other than
English where required to serve the investigate the grievance,
clientlapplicant population. Service including,as appropriate,meeting
with the grievant and other
participants shall be informed of the
grievance procedures through written and persons involved in the action(s)
verbal statements provided to them upon complained of or in the denial of
services.
assessment and/or reassessment for
services. ii. The reviewer shall review all
b. A participant or applicant who is denied pertinent facts and/or documents,
Title III services by the Contractor and the and shall determine whether the
Aging program monitor must be given the agency action was made in
reasons for the denial.The denial shall be accordance with lawful
confirmed in writing and the applicant procedures (that is, consistent
informed of the right to file a grievance with applicable OAA and or State
and to whom the grievance shall be laws, regulations and policies)
addressed.For services which are applied and supported by the facts.
for by telephone or verbally,in person,the iii. The designated reviewer shall
client may be told of the right to file a prepare and send a written
grievance verbally. response to the grievant and to
3. Grievance Process Aging's Director within fifteen
a. Filing of grievances must follow the (15) days after the grievance is
following process: filed. The response shall set forth
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the circumstances relating to the grievance, any investigative reports; any written
grievance,the action requested by response submitted by Aging or the service provider
the grievant, the findings of the aging;any documents or other records submitted by
reviewer, a proposed remedial any party;the written Initial Response of the agency,
action, if any, and reason(s) for and, if applicable, the notice to the grievant of the
and facts relied on in the right to an appeal.
determination. 5. Confidentiality
c. Appeal of Initial Response/Decision: No information, documents or other records
i. The grievant may initiate a relating to a grievance shall be disclosed by
request for subsequent review by program staff or volunteers in a form that identifies
Aging's Director within twenty the grievant without the written informed consent
(20) calendar days following of the grievant,unless the disclosure is required by
receipt of notification by the court order or for program monitoring by
Program Administrator of the authorized agencies.
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.
4. Record Keeping
Aging shall keep the records of the grievance and its
handling for six(6)years following the conclusion of
the calendar year of the occurrence. The file shall
contain, at a minimum, but not limited to the initial
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Article II rendered and expenditures already
Financial Terms and Conditions made), or not more than thirty(30)
days after the expenditures were
1. Conflicting Provisions made, and in no event after the 31St
day of January following the end of
In the event of any conflict between any each year of the Contract,the
provision in this Article II and an exhibit to Contractor shall furnish the County
this Contract,the exhibit shall prevail unless with detailed documentation in
it is expressly stated in the conflicting support of the payment for the
provision in this Article II, that it shall Services or expenditures under the
prevail over the exhibit. Contract,e.g.,dates of the Service,
worksite locations, activities,hours
2. General Payment Terms worked,pay rates for all Services.
The Suffolk County Payment
a. Presentation of Suffolk County Voucher shall include time records,
Payment Voucher certified by the Contractor as true and
accurate, of all personnel for whom
In order for payment to be made by expenditures are claimed during the
the County to the Contractor for the period. All Suffolk County Payment
Services, the Contractor shall prepare Vouchers must bear a signature as
and present a Suffolk County that term is defined pursuant to New
Payment Voucher(Voucher),which York State General Construction Law
shall be documented by sufficient, §46 by duly authorized persons.
competent and evidential matter. Disbursements made by the
Each Suffolk County Payment Contractor in accordance with the
Voucher submitted for payment is Contract and submitted for
subject to Audit at any time during reimbursement must be documented
the Term or any extension thereof. and must comply with accounting
This provision shall survive procedures as set forth by the Suffolk
expiration or termination of this County Department of Audit and
Contract for a period of not less than Control.
seven(7)years, and access to records
shall be as set forth in paragraph 31 C. Payment by County
of Exhibit 1, and paragraph 4(b) of
Article II. Payment by the County shall be
made within thirty(30) days after
b. Voucher Documentation approval of the Voucher by the
Comptroller.
The Suffolk County Payment
Voucher shall list all information d. Final Voucher
regarding the Services and other items
for which expenditures have been or The acceptance by the Contractor of
will be made in accordance with the payment of all billings made on an
Contract. Either upon execution of approved voucher shall operate as
the Contract(for the Services already and shall be a release of the County
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from all claims by the Contractor the Contractor in writing of the terms and
through the date of the Voucher. conditions thereof,which shall be deemed
incorporated in and made a part of the
3. Subject to Appropriation of Funds Contract, and the Contractor shall
implement those terms and conditions in
a. The Contract is subject to the amount no less than fourteen(14) days.
of funds appropriated each fiscal year
and any subsequent modifications 4. Accounting Procedures
thereof by the County Legislature,
and no liability shall be incurred by a. The Contractor shall maintain
the County beyond the amount of accounts, books, records, documents,
funds appropriated each fiscal year other evidence, and accounting
by the County Legislature for the procedures and practices which
Services. sufficiently and properly reflect all
direct and indirect costs of any nature
b. If the County fails to receive Federal expended in the performance of the
or State funds originally intended to pay Contract, in accordance with
for the Services, or to reimburse generally accepted accounting
the County, in whole or in part, for principles and with rules,regulations
payments made for the Services,the and financial directives, as may be
County shall have the sole and promulgated by the Suffolk County
exclusive right to: Department of Audit and Control
and the Department. The Contractor
i.) determine how to pay for the shall permit inspection and audit of
Services; such accounts,books,records,
documents and other evidence by the
ii.) determine future payments to Department and the Suffolk County
the Contractor; and Comptroller, or their representatives,
as often as, in their judgment, such
iii.) determine what amounts, if inspection is deemed necessary.
any, are reimbursable to the Such right of inspection and audit as
County by the Contractor and set forth in subparagraph(b)below
the terms and conditions shall exist during the Term and for a
under which such period of seven(7)years after
reimbursement shall be paid. expiration or termination of the
C. The charges payable to the Contractor Contract.
under the Contract are exclusive of b. The Contractor shall retain all
federal, state, and local taxes, the County accounts, books,records, and other
being a municipality exempt from documents relevant to the Contract
payment of such taxes. for seven(7)years after final
d. The County may, during the Term, payment is made by the County.
impose a Budget Deficiency Plan. In the Federal, State, and/or County
event that a Budget Deficiency Plan is auditors and any persons duly
imposed,the County shall promptly notify authorized by the County shall have
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full access and the right to examine period of seven(7)years, and access
any of said materials during said to records shall be as set forth in
period. Such access is granted paragraph 31 of Exhibit 1, and
notwithstanding any exemption from paragraph 4(b) of Article II.
disclosure that may be claimed for
those records which are subject to 6. Comptroller's Rules and Regulations
nondisclosure agreements, trade for Consultant's Agreements
secrets and commercial information
or financial information that is The Contractor shall comply with the
privileged or confidential. "Comptroller's Rules and Regulations for
Consultant's Agreements"as promulgated
5. Audit by the Department of Audit and Control of
Suffolk County and any amendments thereto
a. All payments made under the during the Term of the Contract. The
Contract are subject to audit by the Comptrollers Rules and Regulations for
Comptroller pursuant to Article V of Consultants Agreements may be viewed
the Suffolk County Charter. The online at the County's website,
Contractor further agrees that the SuffolkCountyny.gov; go to Government,
Comptroller and the Department shall then Comptroller, then"Consultant's
have access to and the right to Agreements."
examine, audit, excerpt,copy or 7. Financial Statements and Audit
transcribe any pertinent transactions Requirements
or other records relating to Services
under the Contract. If such an audit a. Notwithstanding any other reporting or
discloses overpayments by the County certification requirements of Federal,State,or
to the Contractor,within thirty(30) local authorities, the Contractor shall obtain
days after the issuance of an official the services of an independent licensed public
audit report by the Comptroller or his accountant or certified public accountant(the
duly designated representatives,the "Auditor")to audit its financial statements for
Contractor shall repay the amount of each Contractor's "fiscal year" in which the
such overpayment by check to the Contractor has received,or will receive,three
order of the Suffolk County Treasurer hundred thousand ($300,000.00) dollars or
or shall submit a proposed plan of more from the County, whether under the
repayment to the Comptroller. If Contract or other agreements with the County,
there is no response, or if satisfactory and shall submit a report to the County on the
repayments are not made,the County overall financial condition and operations of
may recoup overpayments from any the Contractor, including a balance sheet and
amounts due or becoming due to the statement of income and expenses,attested by
Contractor from the County under the the Auditor as fairly and accurately reflecting
Contract or any other Fund Source. the accounting records of the Contractor in
accordance with generally accepted
b. The provisions of this paragraph accounting principles. The Contractor may
shall survive the expiration or solicit requests for proposals from a number
termination of the Contract fora of qualified accounting firms and review
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carefully the costs of, and qualifications for, through entity, to the extent required by the
this type of work before selecting the Auditor. OMB Circular referred to above.
b. The Auditor should be required to e. The Contractor must submit to the
meet the following minimum requirements: County a statement in writing, certified by its
i.) a current license issued chief financial officer, which states the
by the New York State amount of Federal funding expended by the
Education Department; Contractor during such fiscal year. The
Contractor must mail or deliver the certified
ii.) sufficient auditing statement to the Department and to the
experience in the nonprofit, Executive Director of Auditing Services,
governmental or profit-making Suffolk County Department of Audit and
areas, as applicable; and Control, H. Lee Dennison Building, 100
iii.) a satisfactory peer Veterans Memorial Highway,P. O.Box 6100,
review issued within not more Hauppauge, New York 11788-0099, as soon
than three(3)years prior to the as possible after the end of the Contractor's
date when the Auditor was fiscal year. The statement must include all
selected to conduct the audit. Federal funding received directly from the
Federal government and all Federal funds
C. The audit must be conducted in passed through from the County and other
accordance with generally accepted pass-through entities.
governmental auditing standards. Financial
statements must clearly differentiate between f. Copies of all financial statements,
County-funded programs and other programs Management Letters, Single Audit Reports
that the Contractor maybe operating. The use of and other audit reports must be transmitted to
the County and to the Executive Director of
subsidiary schedules should be encouraged for
this purpose. The Auditor must also prepare a Auditing Services at the address set forth
Management Letter based on the audit. above. The reports must be submitted within
thirty (30) days after completion of the audit,
d. In the event the Contractor is a non- but in no event later than nine(9)months after
profit organization or unit of local government the end of the Contractor's fiscal year, to
and expends five hundred thousand which the audit relates.
($500,000.00) dollars or more of Federal g. These requirements do not preclude
monies, whether as a recipient expending the County, the Comptroller, or their
awards received directly from Federal authorized representatives,or Federal or State
awarding agencies, or as a subrecipient auditors from auditing all records of the
expending Federal awards received from a Contractor. Therefore, the records of the
pass-through entity, such as New York State Contractor must be made available to
or Suffolk County, during any fiscal year authorized representatives of Federal, State
within which it receives funding under the and County government for that purpose.
Contract,the audit must be conducted,and the h. The provisions of this paragraph shall
audit report("Single Audit Report")must be,
survive the expiration or termination of the
in accordance with OMB Circular No. A-133
Contract.
(revised June 27,2003). Single Audit Reports
must also be submitted to the designated
clearinghouse, cognizant agency and/or pass-
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8. Statement of Other Contracts from providing additional educational
activities/services which may result in
Prior to the execution of the Contract, the the Contractor incurring additional
Contractor shall submit a Statement of Other costs, as long as the following
Contracts to the County, which shall be conditions are met:
attached as an exhibit to the Contract. If the
Contract is amended during the Term,or if the i.) The County is not the Fund
County exercises its option right, the Source for the additional services;
Contractor shall attach a then current ii.) Sufficient funding is available
Statement of Other Contracts. for or can be generated by the
9. Miscellaneous Fiscal Terms and Contractor to cover the cost incurred
Conditions by the Contractor to provide these
additional services; and
a. Limit of County's Obligations
iii.)If sufficient funding is not
The maximum amount to be paid by available or cannot be generated, the
the County is set forth on the first page County shall not be held liable for any
of the Contract.
of the additional costs incurred by the
Contractor in furnishing such
b. Duplicate Payment from Other additional services.
Sources iv.)Prior to scheduling any such
additional services on County-owned
Payment by the County for the property, the Contractor shall obtain
Services shall not duplicate payment written County approval. The
received by the Contractor from any Contractor shall, to the County's
other source. satisfaction, submit any
documentation requested by the
C. Funding Identification Department reflecting the change,and
identify the additional services to be
The Contractor shall promptly submit provided and the source of funding
to the County upon request,a schedule that shall be utilized to cover the
for all programs funded by the County expenditures incurred by the
itemizing for each such program the Contractor in undertaking the
sums received, their source and the additional services.
total program budget.
e. Potential Revenue
d. Outside Funding for Non-County
Funded Activities The Contractor shall actively seek and
take reasonable steps to secure all
Notwithstanding the foregoing potential funding from grants and
provisions of the Contract, it is the contracts with other agencies for
intent of the County that the terms and programs funded by the County.
conditions of the Contract shall not
limit the Contractor from applying for
and accepting outside grant awards or
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f. Payments Contingent upon government agency,and the County's
State/Federal Funding obligation to the Contractor shall be
reduced by any such amounts. In such
Payments under the Contract may be an event, if there should be a balance
subject to and contingent upon due to the County after it has made a
continued funding by State and/or final payment to the Contractor under
Federal agencies. In such event, no the Contract, on demand by the
payment shall be made until the County,the Contractor shall reimburse
Contractor submits timely the County for the amount of the
documentation in the manner and form balance due the County,payable to the
as shall be required by State and/or Suffolk County Treasurer. The
Federal agency. If late submission of provisions of this subparagraph shall
Contractor's claims precludes the survive the expiration or termination
County from claiming State or Federal of the Contract.
reimbursement, such late claims shall
not be honored. If, for any reason,the h. Contractor Vacancies
full amount of such State/Federal
funding is not made available to the The County shall have the right of
County, the Contract may be prior approval of the Contractor's
terminated in whole or in part, or the filling of any position vacant as of the
amount payable to the Contractor may date of execution of the Contract or as
be reduced at the discretion of the may thereafter become vacant,and,in
County, provided that any such the exercise of that right, may
termination or reduction shall not promulgate reasonable regulations
apply to allowable costs incurred by involving position control which shall
the Contractor prior to such be deemed to be incorporated by
termination or reduction,and provided reference in, and be made part of, the
that money has been appropriated for Contract.
payment of such costs.
i. No Limitation On Rights
g. Denial of Aid
Notwithstanding anything in this
If a State or Federal government Article II, the County shall have
agency is funding the Contract and available to it all rights and
fails to approve aid in reimbursement remedies under the Contract and at
to the County for payments made law and equity
hereunder by the County to the 10. Specific Payment Terms and
Contractor for expenditures made Conditions
during the Term because of any act,
omission or negligence on the part of Rate information follows as set forth on the Rate
the Contractor, then the County may Page.
deduct and withhold from any
payment due to the Contractor an
amount equal to the reimbursement The rest of this page is intentionally left blank
denied by the state or federal
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Town of Southold
RATE PAGE
IIIC Nutrition Program
January 1,2014-December 31,2014
CONGREGATE 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 II
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Exhibit 1 and types of insurance with an authorized insurer as
County Terms and Conditions required by the Contract;or
1. Elements of Interpretation C. the Contractor's failure to maintain insurance
required by the Contract with an insurer that has designated
As used throughout the Contract: the New York Superintendent of Insurance as its lawful
agent for service of process;or
a. Words of the masculine gender shall mean and d. The Contractor's failure to comply with any
include correlative words of the feminine and neuter Federal,State or local law,rule,or regulation,and County
genders and words importing the singular number shall
mean and include the plural number and vice versa. Words policies or directives;or
importing persons shall include firms,associations,
partnerships(including limited partnerships),trusts, e. The Contractor's bankruptcy or insolvency;or
corporations and other legal entities,including public
bodies,as well as natural persons,and shall include f. The Contractor's failure to cooperate in an Audit;
successors and assigns. or
b. Capitalized terms used,but not otherwise defined 9- The Contractor's falsification of records or
herein,shall have the meanings assigned to them in the reports,misuse of funds,or malfeasance or nonfeasance in
Contract. financial record keeping arising out of,or in connection
with,any contract with the County;or
2. Meanings of Terms h. The Contractor's failure to submit,or failure to
timely submit,documentation to obtain Federal or State
As used in the Contract: funds;or
"Comptroller"means the Comptroller of the County of Suffolk. i. The inability of the County or the Contractor to
obtain Federal or State funds due to any act or omission of
"Contract"means all terms and conditions herein forming all rights the Contractor;or
and obligations of the Contractor and the County.
j. Any condition the County determines,in its sole
"Contractor"means the signatory person,partnership,corporation, discretion,that is dangerous.
association or other entity,its officers,officials,employees,agents,
servants,sub-contractors and any successor or assign of any one or "Federal"means the United States government,its departments and
more of the foregoing performing the Services. agencies.
"County"means the County of Suffolk,its departments,and "Fund Source"means any direct or indirect sum payable to the
agencies. Contractor by the County pursuant to any lawful obligation.
"County Attorney"means the County Attorney of the County of "Legislature"means the Legislature of the County of Suffolk.
Suffolk.
"Services"means all that which the Contractor must do,and any part
"Department"means the signatory department approving the thereof arising out of,or in connection with,the Contract as
Contract. described in Article I"Description of Services."
"Engineering Services"means the definition of the practice of "State"means the State of New York.
engineering and the definition of practice of land surveying,as the
case may be,under Section 7201 and Section 7203 of the State "Suffolk County Payment Voucher"means the document
Education Law,respectively. authorized and required by the Comptroller for release of payment.
"Event of Default"means "Term"means the time period set forth on page one of the Contract
and,if exercised by the County,the option period.
a. the Contractor's failure to perform any duty
required of it under paragraphs 4 through 7 of this Exhibit
3. Contractor Responsibilities
1 of the Contract;or
b. the Contractor's failure to maintain the amount a. It shall be the duty of the Contractor to discharge,
or cause to be discharged,all of its responsibilities,and to
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administer funds received in the interest of the County in be provided to the County no later than the date of
accordance with the provisions of the Contract. execution of the Contract. Such documentation shall be
kept,maintained,and available for inspection by the
b. The Contractor shall promptly take all action as County upon twenty-four(24)hours notice.
may be necessary to render the Services.
7. Credentialing
C. The Contractor shall not take any action that is
inconsistent with the provisions of the Contract. a. In the event that the Department,or any division
thereof,maintains a credentialing process to qualify the
d. Services provided under this Contract shall be Contractor to render the Services,the Contractor shall
open to all residents of the County. complete the required credentialing process. In the event
that any State credential,registration,certification,or
license,Drug Enforcement Agency registration,or
4. Qualifications,Licenses,and Professional Standards Medicare or Medicaid certification is restricted,suspended,
or temporarily or permanently revoked,it is the duty of the
a. The Contractor represents and warrants that it Contractor to contact the Department,or division thereof,
has,and shall continuously possess,during the Term,the as the case may be,in writing,no later than three(3)days
required licensing,education,knowledge,experience,and after such restriction,suspension,or revocation.
character necessary to qualify it to render the Services.
b. The Contractor shall forward to the Department,
b. The Contractor shall continuously have during or division thereof,as the case may be,on or before July 1
the Term all required authorizations,certificates, of each year during the Term,a complete list of the names
certifications,registrations,licenses,permits,and other and addresses of all persons providing the Services,as well
approvals required by Federal,State,County,or local as their respective areas of certification,credentialing,
authorities necessary to qualify it to render the Services. registration,and licensing.
5. Notifications 8. Engineering Certificate
a. The Contractor shall immediately notify the In the event that the Contract requires any Engineering
County,in writing,of any disciplinary proceedings, Services,the Contractor shall submit to the County,no
commenced or pending,with any authority relating to a later than the due date for submission for approval of any
license held by any person necessary to qualify him or the engineering work product,the Certificate of Authorization
Contractor to perform the Services. ("Certificate"),issued pursuant to§7210 of the New York
Education Law,of every person performing any
b. In the event that a person is no longer licensed to Engineering Services. The failure to file,submit or
perform the Services,the Contractor must immediately maintain the Certificate shall be grounds for rejection of
notify the County,but in no event shall such notification be any engineering work product submitted for approval.
later than five(5)days after a license holder has lost the
license required to qualify the license holder or the 9. Termination
Contractor to perform the Services.
C. In the event that the Contractor is not able to a. Thirty Days Termination
perform the Services due to a loss of license,the Contractor The County shall have the right to terminate the
shall not be reimbursed for the Services rendered after the Contract without cause,for any reason,at any time,upon
effective date of termination of such license. Without such terms and conditions it deems appropriate,provided,
limiting the generality of the foregoing,if any part of the however,that no such termination shall be effective unless
Contract remains to be performed,and the termination of the Contractor is given at least thirty(30)days notice.
the license does not affect the Contractor's ability to render
the Services,every other term and provision of the Contract b. Event of Default;Termination on Notice
shall be valid and enforceable to the fullest extent permitted
by law. i.) The County may immediately terminate
the Contract,for cause,upon such terms and
6. Documentation of Professional Standards conditions it deems appropriate,in the Event of
Default.
The Contractor shall maintain on file,in one location in
Suffolk County,all records that demonstrate that it has ii.) If the Contractor defaults under any
complied with paragraphs 4 and 5 above. The address of other provision of the Contract,the County may
the location of the aforesaid records and documents shall terminate the Contract,on not less than five(5)
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days notice,upon such terms and conditions it agents,servants,officials,and employees in any action or
deems appropriate. proceeding arising out of or in connection with any claim
asserted for infringement of copyright.
C. Termination Notice
C. The Contractor shall defend the County,its
Any notice providing for termination shall be agents,servants,officials,and employees in any proceeding
delivered as provided for in paragraph 33 of this Exhibit 1. or action,including appeals,arising out of,or in
connection with,the Contract,and any copyright
d. Duties upon Termination infringement proceeding or action. Alternatively,at the
County's option,the County may defend any such
i.) The Contractor shall discontinue the proceeding or action and require the Contractor to pay
Services as directed in the termination notice. reasonable attorneys'fees or salary costs of County
employees of the Department of Law for the defense of any
ii.) Subject to any defenses available to it, such suit.
the County shall pay the Contractor for the
Services rendered through the date of 11. Insurance
termination.
a. The Contractor shall continuously maintain,
iii.) The County shall be released from any during the Term of the Contract,insurance in amounts and
and all liability under the Contract,effective as of types as follows:
the date of the termination notice.
i.) Commercial General Liability
iv.) Upon termination,the Contractor shall insurance,including contractual liability
reimburse the County the balance of any funds coverage,in an amount not less than Two Million
advanced to the Contractor by the County no Dollars($2,000,000.00)per occurrence for
later than thirty(30)days after termination of the bodily injury and Two Million Dollars
Contract. The provisions of this subparagraph ($2,000,000.00)per occurrence for property
shall survive the expiration or termination of the damage. The County shall be named an
Contract. additional insured.
V.) Nothing contained in this paragraph ii.) Automobile Liability insurance(if any
shall be construed as a limitation on the County's non-owned or owned vehicles are used by the
rights set forth in paragraphs 5(c)and 15 of this Contractor in the performance of the Contract)in
Exhibit 1. an amount not less than Five Hundred Thousand
Dollars($500,000.00)per person,per accident,
10. Indemnification and Defense for bodily injury and not less than One Hundred
Thousand Dollars($100,000.00)for property
a. The Contractor shall protect,indemnify,and hold damage per occurrence.
harmless the County,its agents,servants,officials,and
employees from and against all liabilities,fines,penalties, iii.) Workers'Compensation and
actions,damages,claims,demands,judgments,losses,suits Employer's Liability insurance in compliance
or actions,costs,and expenses caused by the negligence or with all applicable New York State laws and
any acts or omissions of the Contractor,including regulations and Disability Benefits insurance,if
reimbursement of the cost of reasonable attorneys'fees required by law. The Contractor shall furnish to
incurred by the County,its agents,servants,officials,and the County,prior to its execution of the Contract,
employees in any action or proceeding arising out of or in the documentation required by the State of New
connection with the Contract. York Workers'Compensation Board of coverage
or exemption from coverage pursuant to§§57
b. The Contractor hereby represents and warrants and 220 of the Workers'Compensation Law. In
that it will not infringe upon any copyright in performing accordance with General Municipal Law§108,
the Services. The Contractor agrees that it shall protect, the Contract shall be void and of no effect unless
indemnify,and hold harmless the County,its agents, the Contractor shall provide and maintain
servants,officials,and employees from and against all coverage during the Term for the benefit of such
liabilities,fines,penalties,actions,damages,claims, employees as are required to be covered by the
demands,judgments,losses,suits or actions,costs,and provisions of the Workers'Compensation Law.
expenses arising out of any claim asserted for infringement
of copyright,including reimbursement of the cost of iv.) Professional Liability insurance in an
reasonable attorneys'fees incurred by the County,its amount not less than Two Million Dollars
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($2,000,000.00)on either a per-occurrence or such term or provision to persons or circumstances other
claims-made coverage basis. than those as to which it is held invalid or unenforceable,
shall not be affected thereby,and every other term and
b. The County may mandate an increase in the provision of the Contract shall be valid and shall be
liability limits set forth in the immediately preceding enforced to the fullest extent permitted by law.
paragraphs(I 1)(a)(i),(ii),and(iv).
C. All policies providing such coverage shall be 14. Merger;No Oral Changes
issued by insurance companies authorized to do business in It is expressly agreed that the Contract represents the entire
New York with an A.M.Best rating of A-or better. agreement of the parties and that all previous
understandings are herein merged in the Contract. No
d. The Contractor shall furnish to the County,prior modification of the Contract shall be valid unless in written
to the execution of the Contract,declaration pages for each form and executed by both parties.
policy of insurance and certificates,other than a policy for
commercial general liability insurance,and upon demand,a 15. Set-Off Rights
true and certified original copy of each such policy
evidencing compliance with the aforesaid insurance The County shall have all of its common law,equitable,
requirements. and statutory rights of set-off.These rights shall include,
e. In the case of commercial general liability but not be limited to,the County's option to withhold from
insurance,and business use automobile insurance,the a Fund Source an amount no greater than any moneys due
Contractor shall furnish to the County,prior to the and owing to the County for any reason. The County shall
execution of the Contract,a declaration page or insuring exercise its set-off rights subject to approval by the County
agreement and endorsement page evidencing the County's Attorney. In cases of set-off pursuant to a Comptroller's
status as an additional insured on said policy,and upon audit,the County shall only exercise such right after the
demand,a true and certified original copy of such policy finalization thereof,and only after consultation with the
evidencing compliance with the aforesaid insurance County Attorney.
requirements.
16. Non-Discrimination in Services
E All evidence of insurance shall provide for the
County to be notified in writing thirty(30)days prior to a. The Contractor shall not,on the grounds of race,
any cancellation,nonrenewal,or material change in the creed,color,national origin,sex,age,disability,sexual
policy to which such evidence relates. It shall be the duty orientation,military status,or marital status:
of the Contractor to notify the County immediately of any i.) deny any individual the Services
cancellation,nonrenewal,or material change in any provided pursuant to the Contract;or
insurance policy.
ii.) provide the Services to an individual
g. In the event the Contractor shall fail to provide that is different,or provided in a different
evidence of insurance,the County may provide the manner,from those provided to others pursuant
insurance required in such manner as the County deems to the Contract;or
appropriate and deduct the cost thereof from a Fund iii,) subject an individual to segregation or
Source. separate treatment in any matter related to the
12. Independent Contractor individual's receipt of the Services provided
pursuant to the Contract;or
The Contractor is not,and shall never be,considered an iv.) restrict an individual in any way from
employee of the County for any purpose. Notwithstanding any advantage or privilege enjoyed by others
anything herein,the Contract shall not be construed as receiving the Services provided pursuant to the
creating a principal-agent relationship between the County Contract;or
and the Contractor or the Contractor and the County,as the
case may be. v.) treat an individual differently from
others in determining whether or not the
individual satisfies any eligibility or other
13. Seyerability requirements or conditions which individuals
It is expressly agreed that if any term or provision of the must meet in order to receive the Services
provided pursuant to the Contract.
Contract,or the application thereof to any person or
circumstance,shall be held invalid or unenforceable to any b. The Contractor shall not utilize criteria or
extent,the remainder of the Contract,or the application of methods of administration which have the effect of
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subjecting individuals to discrimination because of their Attorney after full disclosure is obtained.
race,creed,color,national origin,sex,age,disability,
sexual orientation,military status,or marital status,or have 21. Cooperation on Claims
the effect of substantially impairing the Contract with
respect to individuals of a particular race,creed,color, The Contractor and the County shall render diligently to
national origin,sex,age,disability,sexual orientation, each other,without compensation,any and all cooperation
military status,or marital status,in determining: that may be required to defend the other party,its
i.) the Services to be provided,or employees and designated representatives against any
claim,demand or action that may be brought against the
ii.) the class of individuals to whom,or the other party,its employees or designated representatives
situations in which,the Services will be arising out of,or in connection with,the Contract.
provided;or
iii.) the class of individuals to be afforded 22. Confldentiality
an opportunity to receive the Services.
Any document of the County,or any document created by
17. Nonsectarian/Nonpartisan Declaration the Contractor and used in rendering the Services,shall
remain the property of the County and shall be kept
The Services performed under the Contract are secular and confidential in accordance with applicable laws,rules,and
nonpartisan in nature. No funds received pursuant to the regulations.
Contract shall be used for sectarian purposes or to further the
advancement of any religion, candidate or partisan effort. 23. Assignment and Subcontracting
The Services will be available to all eligible individuals
regardless of religious belief or political affiliation. a. The Contractor shall not delegate its duties under
the Contract,or assign,transfer,convey,subcontract,
sublet,or otherwise dispose of the Contract,or any of its
right,title or interest therein,or its power to execute the
18. Governing Law Contract,or assign all or any portion of the monies that
may be due or become due hereunder,(collectively referred
The Contract shall be governed by and construed in to in this paragraph 23 as"Assignment"),to any other
accordance with the laws of the State of New York,without person,entity or thing without the prior written consent of
regard to conflict of laws. Venue shall be designated in the the County,and any attempt to do any of the foregoing
Supreme Court,Suffolk County,the United States District without such consent shall be void ab initio.
Court for the Eastern District of New York,or,if
appropriate,a court of inferior jurisdiction in Suffolk b. Such Assignment shall be subject to all of the
County. provisions of the Contract and to any other condition the
County requires. No approval of any Assignment shall be
19. No Waiver construed as enlarging any obligation of the County under
the terms and provisions of the Contract. No Assignment
It shall not be construed that any failure or forbearance of of the Contract or assumption by any person of any duty of
the County to enforce any provision of the Contract in any the Contractor under the Contract shall provide for,or
particular instance or instances is a waiver of that otherwise be construed as,releasing the Contractor from
provision. Such provision shall otherwise remain in full any term or provision of the Contract.
force and effect,notwithstanding any such failure or
forbearance. 24. Changes to Contractor
20. Conflicts of Interest a. The Contractor may,from time to time,with the
County's consent,enter into a Permitted Transfer. For
The Contractor shall not,during the Term,pursue a course purposes of the Contract,a Permitted Transfer means:
of conduct which would cause a reasonable person to i.) if the Contractor is a partnership,the
believe that he or she is likely to be engaged in acts that withdrawal or change,voluntary,involuntary or
create a substantial conflict between its obligations under by operation of law,of the partners,or transfer of
the Contract and its private interests. The Contractor is partnership interests(other than the purchase of
charged with the duty to disclose to the County the partnership interests by existing partners,by the
existence of any such adverse interests,whether existing or partnership itself or the immediate family
potential. This duty shall continue as long as the Term. members by reason of gift,sale or devise),or the
The determination as to whether or when a conflict may dissolution of the partnership without immediate
potentially exist shall ultimately be made by the County reconstitution thereof,and
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Transfer Notice,in accordance with the provisions of
ii.) if the Contractor is a closely held Paragraph 33 of this Exhibit 1 of the Contract. If the
corporation(i.e.whose stock is not publicly held and County shall not give written notice to the Contractor
not traded through an exchange or over the counter), denying its consent to such Permitted Transfer(and setting
forth the basis for such denial in reasonable detail)within
1. the dissolution,merger, such 20-day period,then the County shall be deemed to
consolidation or other reorganization of have granted its consent to such Permitted Transfer.
the Contractor,
e. Notwithstanding the County's consent,
2. the sale or other transfer of
twenty percent(20%)or more of the i.) the terms and conditions of the
shares of the Contractor(other than to Contract shall in no way be deemed to have been
existing shareholders,the corporation waived or modified,and
itself or the immediate family members
of shareholders by reason of gift,sale ii.) such consent shall not be deemed
or devise). consent to any further transfers.
b. If the Contractor is a not-for-profit corporation,a 25. No Intended Third Party Beneficiaries
change of twenty percent(20%)or more of its shares or
members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed
C. The Contractor shall notify the County in writing, a beneficiary of the Contract and no third party shall have
which notice(the"Transfer Notice")shall include: the right to make any claim or assert any right under the
Contract.
i.) the proposed effective date of the
Permitted Transfer,which shall not be less than 26. Certification as to Relationships
thirty(30)days nor more than one hundred
eighty(180)days after the date of delivery of the The Contractor certifies under penalties of perjury that,
Transfer Notice; other than through the funds provided in the Contract and
other valid agreements with the County,there is no known
ii.) a summary of the material terms of the spouse,life partner,business,commercial,economic,or
proposed Permitted Transfer, financial relationship with the County or its elected
officials. The Contractor also certifies that there is no
iii.) the name and address of the proposed relationship within the third degree of consanguinity,
transferee, between the Contractor,any of its partners,members,
directors,or shareholders owning five percent(5%)or
iv.) such information reasonably required more of the Contractor,and the County.
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/transferee's business 27. Publications
and experience; Any book,article,report,or other publication related to the
V.) all executed forms required pursuant to Services provided pursuant to this Contract shall contain
Exhibit 2 of the Contract,that are required to be the following statement in clear and legible print:
submitted by the Contractor;and "This publication is fully or partially funded by
Vi.) such other information as the County the County of Suffolk."
may reasonably require.
d. The County agrees that any request for its 28. Copyrights and Patents
consent to a Permitted Transfer shall be granted provided a. Copyrights
that the transfer does not violate any provision of the
Contract,and the transferee has not been convicted of a If the work of the Contractor should result in the
criminal offense as described under Article II of Chapter production of original books,manuals,films,or other
189 of the Suffolk County Code. The County shall grant or materials for which a copyright may be granted,the
deny its consent to any request of a Permitted Transfer Contractor may secure copyright protection. However,the
within twenty(20)days after delivery to the County of the County reserves to itself,and the Contractor hereby gives
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to the County,and to any other person designated by the False Claims Act(New York False Claims Act§ 192)
County,a royalty-free,nonexclusive license to produce, is ten(10)years.
reproduce,publish,translate,or otherwise use any such
materials. 32. Certification Regarding Lobbying
b. Patents
Together with this Contract and as a condition precedent to
If the Contractor makes any discovery or its execution by the County,the Contractor shall have
invention during the Term,or as a result of work performed executed and delivered to the County the Certification
under the Contract,the Contractor may apply for and Regarding Lobbying(if payment under this Contract may
secure for itself patent protection. However,the County exceed$100,000)as required by Federal regulations,and
reserves to itself,and the Contractor hereby gives to the shall promptly advise the County of any material change in
County,and to any other person designated by the County, any of the information reported on such Certification,and
a royalty-free,nonexclusive license to produce or otherwise shall otherwise comply with,and shall assist the County in
use any item so discovered or patented. complying with,said regulations as now in effect or as
amended during the term of this Contract.
29. Arrears to County
33. Notice
The Contractor warrants that,except as may otherwise be
authorized by agreement,it is not in arrears to the County Unless otherwise expressly provided herein,all notices
upon any debt,contract,or any other lawful obligation,and shall be in writing and shall be deemed sufficiently given if
is not in default to the County as surety. sent by regular first class mail and certified mail,or
personally delivered during business hours as follows: 1.)
30. Lawful Hiring of Employees Law in Connection to the Contractor at the address on page I of the Contract
with Contracts for Construction or Future and 2.)to the County at the Department,or as to either of
Construction the foregoing,to such other address as the addressee shall
have indicated by prior written notice to the addressor. All
In the event that the Contract is subject to the Lawful notices received by the Contractor relating to a legal claim
Hiring of Employees Law of the County of Suffolk,Suffolk shall be immediately sent to the Department and also to the
County Code Article II of Chapter 353,as more fully set County Attorney at 100 Veterans Memorial Highway,P.O.
forth in Exhibit 2 entitled"Suffolk County Legislative Box 6100,(Sixth Floor),Hauppauge,New York, 11788-
Requirements,"the Contractor shall maintain the 0099.
documentation mandated to be kept by this law on the
construction site at all times. Employee sign-in sheets and End of Text for Exhibit 1
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. Record Retention
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.Without limiting the generality of the
foregoing,records directly related to contract
expenditures shall be kept for a period of ten(10)years
because the statute of limitations for the New York
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Exhibit 2 Suffolk County Living Wage Form LW-1;entitled"Suffolk
Suffolk County Legislative Requirements County Department of Labor—Living Wage Unit Notice of
Application for County Compensation(Contract)."
NOTE:THE CONTRACTOR'S COMPLETED LEGISLATIVE
REQUIRED FORMS REFERENCED HEREIN ARE Suffolk County Living Wage Form LW-38;entitled
AVAILABLE ON FILE AT THE COUNTY ATTORNEY'S "Suffolk County Department of Labor—Living Wage Unit
OFFICE AND THE DEPARTMENT NAMED ON THE Living Wage Certification/Declaration—Subject To
SIGNATURE PAGE OF THIS CONTRACT. Audit."
1. Contractor'sNendor's Public Disclosure 3. Use of County Resources to Interfere with
Statement Collective Bargaining Activities
It shall be the duty of the Contractor to read,become
It shall be the duty of the Contractor to read,become familiar with,and comply with the requirements of Article I
familiar with,and comply with the requirements of section of Chapter 803 of the Suffolk County Code.
A5-7 of Article V of the Suffolk County Code.
County Contractors(as defined by section 803-2)shall
Unless certified by an officer of the Contractor as being comply with all requirements of Chapter 803 of the Suffolk
exempt from the requirements of section A5-7 of Article V County Code,including the following prohibitions:
of the Suffolk County Code,the Contractor represents and
warrants that it has filed with the Comptroller the verified a. The Contractor shall not use County funds to
public disclosure statement required by Suffolk County assist,promote,or deter union organizing.
Administrative Code Article V,Section A5-7 and shall file
an update of such statement with the Comptroller on or b. No County funds shall be used to reimburse the
before the 31 st day of January in each year of the Contractor for any costs incurred to assist,
Contract's duration. The Contractor acknowledges that promote,or deter union organizing.
such filing is a material,contractual and statutory duty and
that the failure to file such statement shall constitute a C. No employer shall use County property to hold a
material breach of the Contract,for which the County shall meeting with employees or supervisors if the
be entitled,upon a determination that such breach has purpose of such meeting is to assist,promote,or
occurred,to damages,in addition to all other legal deter union organizing.
remedies,of fifteen percent(15%)of the amount of the
Contract. If the Services are performed on County property,the
Contractor must adopt a reasonable access agreement,a
Required Form: neutrality agreement,fair communication agreement,non-
Suffolk County Form SCEX 22;entitled intimidation agreement,and a majority authorization card
"Contractor'sNendor's Public Disclosure Statement" agreement.
2. Living Wage Law If the Services are for the provision of human services and
are not to be performed on County property,the Contractor
It shall be the duty of the Contractor to read,become must adopt,at the least,a neutrality agreement.
familiar with,and comply with the requirements of Chapter
575,of the Suffolk County Code. Under the provisions of Chapter 803,the County shall have
the authority,under appropriate circumstances,to terminate
This Contract is subject to the Living Wage Law of the the Contract and to seek other remedies as set forth therein,
County of Suffolk. The law requires that,unless specific for violations of this Law.
exemptions apply,all employers(as defined)under service
contracts and recipients of County financial assistance,(as Required Form:
defined)shall provide payment of a minimum wage to Suffolk County Labor Law Form DOL-LO 1;entitled
employees as set forth in the Living Wage Law. Such rate "Suffolk County Department of Labor—Labor Mediation
shall be adjusted annually pursuant to the terms of the Unit Union Organizing Certification/Declaration-Subject
Suffolk County Living Wage Law of the County of Suffolk. to Audit."
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. 4. Lawful Hiring of Employees Law
Required Forms: It shall be the duty of the Contractor to read,become
familiar with,and comply with the requirements of Article
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II of Chapter 353 of the Suffolk County Code. Law,the County shall have the authority to terminate the
Contract for violations of this Law and to seek other
This Contract is subject to the Lawful Hiring of Employees remedies available under the law.
Law of the County of Suffolk.It provides that all covered
employers,(as defined),and the owners thereof,as the case The documentation mandated to be kept by this law shall at
may be,that are recipients of compensation from the all times be kept on site. Employee sign-in sheets and
County through any grant,loan,subsidy,funding, register/log books shall be kept on site at all times during
appropriation,payment,tax incentive,contract, working hours and all covered employees,as defined in the
subcontract,license agreement,lease or other financial law,shall be required to sign such sign-in
compensation agreement issued by the County or an sheets/register/log books to indicate their presence on the
awarding agency,where such compensation is one hundred site during such working hours.
percent(100%)funded by the County,shall submit a
completed sworn affidavit(under penalty of perjury),the Required Forms:
form of which is attached,certifying that they have
complied,in good faith,with the requirements of Title 8 of Suffolk County Lawful Hiring of Employees Law Form
the United States Code Section 1324a with respect to the LHE-1;entitled"Suffolk County Department of Labor—
hiring of covered employees(as defined)and with respect Notice Of Application To Certify Compliance With Federal
to the alien and nationality status of the owners thereof. Law(8 U.S.C.Section 1324a)With Respect To Lawful
The affidavit shall be executed by an authorized Hiring of Employees."
representative of the covered employer or owner,as the
case may be;shall be part of any executed contract, Suffolk County Lawful Hiring of Employees Law Form
subcontract,license agreement,lease or other financial LHE-2;entitled"Affidavit Of Compliance With The
compensation agreement with the County;and shall be Requirements Of 8 U.S.C.Section 1324a With Respect To
made available to the public upon request. Lawful Hiring Of Employees"
All contractors and subcontractors(as defined)of covered 5. Gratuities
employers,and the owners thereof,as the case may be,that
are assigned to perform work in connection with a County It shall be the duty of the Contractor to read,become
contract,subcontract,license agreement,lease or other familiar with,and comply with the requirements of Chapter
financial compensation agreement issued by the County or 664 of the Suffolk County Code.
awarding agency,where such compensation is one hundred
percent(100%)funded by the County,shall submit to the The Contractor represents and warrants that it has not
covered employer a completed sworn affidavit(under offered or given any gratuity to any official,employee or
penalty of perjury),the form of which is attached, agent of the County or the State or of any political party,
certifying that they have complied,in good faith,with the with the purpose or intent of securing an agreement or
requirements of Title 8 of the United States Code Section securing favorable treatment with respect to the awarding
1324a with respect to the hiring of covered employees and or amending of an agreement or the making of any
with respect to the alien and nationality status of the determinations with respect to the performance of an
owners thereof,as the case may be. The affidavit shall be agreement.
executed by an authorized representative of the contractor,
subcontractor,or owner,as the case may be;shall be part of 6. Prohibition Against Contracting with
any executed contract,subcontract,license agreement,lease Corporations that Reincorporate Overseas
or other financial compensation agreement between the
covered employer and the County;and shall be made It shall be the duty of the Contractor to read,become
available to the public upon request. familiar with,and comply with the requirements of sections
A4-13 and A4-14 of Article IV of the Suffolk County
An updated affidavit shall be submitted by each such Code.
employer,owner,contractor and subcontractor no later
than January 1 of each year for the duration of any contract The Contractor represents that it is in compliance with
and upon the renewal or amendment of the Contract,and sections A4-13 and A4-14 of Article IV of the Suffolk
whenever a new contractor or subcontractor is hired under County Code. Such law provides that no contract for
the terms of the Contract. consulting services or goods and services shall be awarded
by the County to a business previously incorporated within
The Contractor acknowledges that such filings are a the U.S.A.that has reincorporated outside the U.S.A.
material,contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach 7. Child Sexual Abuse Reporting Policy
of the Contract.
It shall be the duty of the Contractor to read,become
Under the provisions of the Lawful Hiring of Employees familiar with,and comply with the requirements of Article
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II of Chapter 880 of the Suffolk County Code. during the Term of the Contract. If no Memorandum of
Understanding("MOU")with the Suffolk County
The Contractor shall comply with Article II of Chapter 880, Department of Labor for work experience is in effect at the
of the Suffolk County Code,entitled"Child Sexual Abuse beginning of the Term of the Contract,the Contractor,if it
Reporting Policy,"as now in effect or amended hereafter or is a not-for-profit or governmental agency or institution,
of any other Suffolk County Local Law that may become shall enter into such MOU as soon as possible after the
applicable during the term of the Contract with regard to execution of the Contract and failure to enter into or to
child sexual abuse reporting policy. perform in accordance with such MOU shall be deemed to
be a failure to perform in accordance with the Contract,for
8. Non Responsible Bidder which the County may withhold payment,terminate the
Contract or exercise such other remedies as may be
It shall be the duty of the Contractor to read,become appropriate in the circumstances.
familiar with,and comply with the requirements of Article
II of Chapter 189 of the Suffolk County Code.
Upon signing the Contract,the Contractor certifies that it 12. Safeguarding Personal Information of Minors
has not been convicted of a criminal offense within the last
ten(10)years. The term"conviction"shall mean a finding It shall be the duty of the Contractor to read,become familiar
of guilty after a trial or a plea of guilty to an offense with, and comply with the requirements of Suffolk County
covered under section 189-5 of the Suffolk County Code Local Law No. 20-2013, a Local Law to Safeguard the
under"Nonresponsible Bidder." Personal Information of Minors in Suffolk County.
All contract agencies that provide services to minors are
9. Use of Funds in Prosecution of Civil Actions required to protect the privacy of the minors and are strictly
Prohibited prohibited from selling or otherwise providing to any third
It shall be the duty of the Contractor to read,become party,in any manner whatsoever,the personal or identifying
information of any minor participating in their programs.
familiar with,and comply with the requirements of Article
III of Chapter 893 of the Suffolk County Code. 13. Suffolk County Local Laws Website Address
The Contractor shall not use any of the moneys,in part or Suffolk County Local Laws,Rules and Regulations can be
in whole,and either directly or indirectly,received under accessed on the homepage of the Suffolk County
the Contract in connection with the prosecution of any civil Legislature.
action against the County in any jurisdiction or any judicial
or administrative forum.
End of Text for Exhibit 2
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
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