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HomeMy WebLinkAboutSC Office for the Aging - Nutrition programs® RESOLUTION 2015-197 ADOPTED DOC ID: 10574 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-197 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24,2015: 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, 2015 through December 31, 2015, 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: Robert Ghosio, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Evans, Russell ABSENT: Jill Doherty RESOLUTION 2015-197 ADOPTED DOC ID: 10574 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-197 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24,2015: 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, 2015 through December 31, 2015, for congregate dining and home delivered meals for the elderly, at no cost to the Town, subject to the approval of the Town Attorney. aY Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Evans, Russell ABSENT: Jill Doherty 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, 2015, the Living Wage will increase to $11.91 per hour with health benefits and $13.56 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.suff6lk.Liy.us/labor and following the link to the Living Wage section. All inquiries will remain confidential. Aw I � - A� () � i Law No.45rAG- IFMS No. 000000010806 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-9523 4 Consultant/Personal Services - Nutrition Program for the Elderly 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 — 3`d 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 Nutrition Program for the Elderly ("the Services") as set forth in Article I, entitled "Description of Services." Term of the Contract: Total Meals: Shall be from January 1, 2015 through December 31, 2015, with an option to extend, to be exercised at the County's discretion, through June 30, 2016 on the same terms and conditions herein. Daily Congregate: 57 — Not to exceed 14,193 annually Not to Exceed $78,346 Annually Daily Home -Delivered Meals: 112 — Not to exceed 29,232 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. 001/2011/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 Contractus of the latest date written below. Town of Southold By: Scott -A. Russell Supervisor Fed. Taxpayer ID Y/.C— _:52Lg�:� 1-6001939 Date // %uSSet y , hereby certifies under enaltie of/ perjury that I� am an that of .� that I have read and I am familiar with §A5-7 of Article V of the Suffolk County Code, and that . S,, o4d- /�� meets all requirements a ify exemption thereunder. ate— Signature Approved as to Form: Dennis M. Brown, Suffolk County A By: JZ t4 Mary E. o er Attorney County of LN Dennis 11¢. Cohen Chief Deputy County Executive Date `3�o23 QIS T Approved: Department By: A ff""JAIIJI,� Holly S. odes -Teague Dat irector, Office for the Aging Recom ded: � By: A1 Michelle Belsky Date Food Service Supervisor IIIIIIIIIII 0031382 Page 1 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 •Consultant/Personal Services - Nutrition Program for the Elderly 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. 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 Page 2 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 - - Consultant/Personal Services - Nutrition Program for the Elderly 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. Contract Agency Performance Measures and Reporting Requirements 14. Suffolk County Local Laws Website Address Page 3 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980,6776-3330-95230 - Consultant/Personal Services - Nutrition Program for the Elderly 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 and all of their subcontractors shall adhere to the terms of the Departments NYS Area Plan, to the extent that the program is a part thereof, and the Department agrees to make the NYS Area Plan available to the Contractor. C. The Contractor shall provide all nutrition services in conformity to New York State Office for the Aging requirements which are incorporated in the Suffolk County Office for the Aging Policy and Procedure Manuals (Appendices) and will adhere to the requirements of the Suffolk County Office for the Aging Technical Assistance Packet (see Appendices). Page 4 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG - Rev. 2/5/15 IFMS No. 0000000 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly d. The Contractor shall adhere to the program specifications as outlined on the Summary Sheet(s) for either Congregate Program or Home Delivered Programs as submitted for RFQ No. 001/201 l/MVK, which may be modified and is (are) attached and made part of the Contract. e. The Contractor shall adhere to the specifications as submitted in the Contractor's 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. f. The Contractor shall comply, and shall require its officers and directors, partners, trustees or other members of its governing body, and personnel employed to render services under this Contract, to comply with all applicable rules, regulations and requirements of law, including without limitation, the Americans with Disabilities Act, and the Technical Assistance Packet, receipt of a copy of which is acknowledged. 4. Caterer's Contract The Contractor shall provide a copy of the current caterer's contract if applicable. 5. Applicable to All Programs a. In general, but without limitation, the Contractor shall be required to meet the criteria listed below: 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 (6) 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. Page 5 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG - Rev. 2/5/15 IFMS No. 0000000 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly 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. 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 annually, or more frequently if the client's circumstances change. 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). Page 6 of 37 SAM NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly 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. 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 (12) twelve- month period. The Contractor will also make a (6) six-month contact in the form of a home visit or a telephone call. ii. Once eligibility has been determined an assessment for the client MUST be completed prior to meal(s) served. In emergency situations, a meal may be served prior to the completed assessment with approval from SCOFA. In this instance, an assessment must be completed within five (5) days. Failure to comply with this policy could result in a loss of reimbursement for meals served prior to an assessment being completed. iii. The packaging of meals must meet the standards of the Suffolk County Department of Health Services. 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. iv. The Contractor must provide supportive services to the homebound client according to his or her specific needs. The frequency of the supportive services will be determined by the individual assessment. Nutritional counseling and education must be included in this service. V. The Contractor shall provide a meal for those holidays and/or weather emergencies that fall on a weekday. The holiday/emergency meals may be frozen or canned and must be delivered the last business day before the holiday or weather emergency. In addition, an emergency supply of shelf -stable food should be made available twice a year for weather related emergencies. A list of suggested food items is available from the Department (See Policy & Procedure Manuals). 6. 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. Page 7 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 3/11/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly 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. 7. Contractor's Staff a. The Contractor agrees to employ adequate numbers of qualified staff and supervisory personnel to meet all the specifications and responsibilities of the program in an orderly, punctual and reliable manner and to assure the health, safety, and welfare of participants. Personnel involved in all aspects of food handling and preparation are to be in good health and trained to ensure the safety standards of the food prepared and served. A full- time manager/supervisor will direct and coordinate the daily operations. All meetings and trainings required by the County are to be attended by the appropriate staff. The Contractor will have on file with the Department the procedures to be followed by workers and other staff in case of emergency. b. The County shall have the right to prior approval of the filling of any site manager position and the home -delivered meal assessor, and shall be advised by the Contractor of the duties and compensation of all personnel assigned to the Nutrition Program for the Elderly Program. 8. 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. 9. Targeting and Outreach a. The Contractor, to the extent it has discretion regarding to whom it will provide services, must give preference to providing services to those unserved and underserved older adults in greatest social or economic need, particularly those who are low income, low income minorities, older adults with limited English proficiency, Native Americans, and frail/persons with disabilities and older adults residing in rural areas in accordance with their need for such services, and to meet specific objectives established by the Department for providing services to the above groups within the PSA, (OAA §305 (a)(2)(E)). The term "greatest economic need" is defined as the need resulting from an income at or below the poverty levels as established annually by the U.S. Office of Management and Budget. The term "greatest social need" refers to the need caused by non -economic factors which include physical and mental disabilities, language barriers and cultural, social or geographical isolation including isolation caused by racial or ethnic status that restricts an individual's ability to perform normal daily tasks or threatens the capacity of the individual to live independently (OAA § 102 (23 and 24)). b. The Contractor agrees to concentrate the services on older adults in the targeted populations identified by the Department following the methods the Department has established for complying with the targeting requirements under the OAA and the Equal Access and Targeting Policy issued by the New York State Office for the Aging. Consistent with the OAA and NYS Page 8 of 37 Sohid NPE NEW 20155 Law No. 15 -AG- IFMS No. 0000000 Rev. 3/11/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly applicable regulations, including the following laws: the Older Americans Act (OAA), Title III of the Code of Federal Regulations, 45 CFR 1321; the NYS Elder Law and relevant NYS regulations (Title 9, Subtitle Y of the New York State Code of Rules and Regulations); the Contractor's targeting goal is to substantially increase the numbers of older adults from targeted population groups (minority, low-income, frail, vulnerable). C. The following target groups have been identified as having the greatest economic and social needs: minority, low income, frail and vulnerable. i. Minority - persons of Black, Hispanic, Asian, Native American (American Indian), Alaska Native, Native Hawaiian or Other Pacific Islander origins. Persons whose origins are of Two (2) or More Races or who are identified as being in a racial category different from those above (other than white) may be included (see the Other Race or Two (2) or More Races categories, defined below). a) Black - refers to a person who has origins in any of the Black racial groups of Africa. This includes, for example, persons who self-report as Black, African American, Kenyan, Nigerian, Haitian or other applicable identification. b) Hispanic (or Latino) - refers to a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race. Hispanic origin can be viewed as the heritage, nationality group, lineage, or country of birth of the person or the person's parents or ancestors before their arrival in the United States. People who identify their origin as Hispanic, Latino, or Spanish may be any race. c) Asian - refers to a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. d) American Indian or Alaska Native - refers to a person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment. This category includes people who indicated their race(s) as "American Indian or Alaska Native" or reported their enrolled or principal tribe, such as Navajo, Blackfeet, Inupiat, Yup'ik, and/or Central American or South American Indian groups. e) Native Hawaiian or Other Pacific Islander - refers to a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. f) Other Race or Two (2) or More Races - this category includes persons who self - identify as multiracial, mixed, interracial, or a racial category other than white, not included in the descriptions above. ii. Low — Income - Persons with incomes at or below 100% (150% for WIN) of the poverty level. iii. Frail — Persons with one or more functional deficits in the following areas: a. Physical functions; b. Mental functions; Page 9 of 37 Sohld NPE NEW 20155 Law No. 15 -AG - Rev. 2/5/15 IFMS No. 0000000 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly 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 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. 10. 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 Page 10 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG - Rev. 2/5/15 IFMS No. 0000000 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly with others (ADA, 28 CFR 35.160-35.164). For example, auxiliary aids and services may include: For individuals who are deaf or hard of hearing: qualified interpreters, note takers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDDs), videotext displays, and exchange of written notes. For individuals with vision impairments: qualified readers, taped texts, audio recordings, Brailed materials, large print materials, and assistance in locating items. For individuals with speech impairments: TDDs, computer terminals, speech synthesizers, and communication boards. C. Additionally, consistent with the Civil Rights Act of 1964, Title VI, the Title VI regulations, federal Executive Order 13166, and the NYS Human Rights Law, all subcontractors are required by law to take reasonable steps to provide meaningful access to limited English proficient persons. All aging services providers are obligated to provide reasonable, timely, and appropriate language assistance to the limited English proficiency (LEP) populations each serves. Mandated Action: The Contractor shall, at a minimum, maintain a telephonic interpretation service contract or similar community arrangement with a language interpretation services provider of their choice. The Contractor's staff for this program with public contact must be aware of, and trained in the timely and appropriate use of, these language services. The Contractor shall also ensure that LEP persons are informed of the availability of language assistance, free of charge, by providing written notice in languages LEP persons will understand at service locations. 11. 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 (1) 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. Page 11 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG - IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly Size of Family Unit 2 C. 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. • 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: 100 % of Poverty Threshold $11,770/year $15,930/year 150% of Poverty Threshold 185% of Poverty Threshold $17,65 5/year $23,895/year $21,774.50/year $29,470.50/year • Minority. • Low Income Minority — Those minority persons whose income is at or below the poverty threshold. Electronic Reporting i. The Contractor shall maintain electronic records on all program participants using the most currently approved form provided by 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 Page 12 of 37 Sohld NPE NEW Template 20145 0. Law No. 15 -AG - Rev. 2/5/15 IFMS No. 0000000 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly month's data. iv. Home -delivered meal participants must have eligibility determined 1) prior to the delivery of service using the NAPIS required NY Comprehensive AFM form or subsequent approved assessment tool, or 2) in cases where there is a documented emergency; the assessment must be done within five (5) working days of service delivery. The Contractor shall contact the Department's Nutrition Unit of any occurrence whereby the assessment is not completed under 1) or 2) above. Each participant receiving home -delivered meals must be reassessed at appropriate intervals based on each participant's situation, but in no instance less frequently than at least once in each (12) twelve-month period. The Contractor will also make a (6) six-month contact in the form of a home visit or a telephone call. The assessment and subsequent reassessments must be entered electronically and completed by the twelfth (12`") of each month for the previous month's data. 12. 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. 13. 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. Page 13 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly 14. 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. C. The provisions of this paragraph shall prevail over any conflicting provisions of Exhibit I Paragraph 27. 15. 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 (2) 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. Page 14 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly 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. 16. Soliciting Participant Comments & Satisfaction Surveys Pursuant to the NYS Office for the Aging Regulations Section 6654.8, the Contractor shall develop and implement procedures to obtain the views of program participants about the services they receive. Copies of records of such views shall be maintained for at least five (5) program years and shall be available to the Department for inspection upon request. Such method shall respect the client's right to confidentiality. In any event, at the conclusion of the service, but not less often than annually, the Contractor shall send each recipient an evaluation letter and survey in the form approved by the Department, informing him/her of the sources of funding for the program and including the following information: Contributions are welcomed and are used to expand this service. 17. 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. 18. 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. 19. 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 Page 15 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly 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 — Three (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 Page 16 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG - Rev. 2/5/15 IFMS No. 0000000 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly Contractor's Response to RFQ No. 001/2011/MVK For Nutrition Programs for the Elderly & Targeting, Outreach and Equal Access Copy of Caterers Agreement and Performance Measurements Attachment Town of Southold Page 17 of 37 Sohld NPE NEW Template 20145 KAREN MCLAUGHLIN Town Director of Human Services Town of Southold P.O. Box 85 750 Pacific Street Mattituck, NY 11952 Tel. (631) 298-4460 Fax (631) 298-4462 SERVICES o�oS�fFot,�oo o CIO � 'go�� SOUTHOLD TOWN HUMAN Program Narrative 2015 Nutrition Programs for the Elderly III -C-1 Congregate Nutrition III -C-2 Home Delivered Meals Program Summary and Income Projections: Nutrition Program Home Delivered Meals Case Management Essential Transportation Senior Adult Day Care/Katinka House Alzheimer's Day Care Telephone Reassurance Residential Repair Southold Town Senior Services marked its 40th anniversary in 2014. The program, established in 1974, stands as one of the first Town sponsored nutrition sites in Suffolk County. Over the past forty years, our partnership with Suffolk County Office for the Aging has allowed us to provide vital services in direct response to the changing needs of seniors in our community. For program year 2014 year-to-date (1/1/14-12/23/14), the Town of Southold provided 13,232 meals to seniors in our Congregate Dining Program and delivered 29,265 meals to the homebound elderly. While 2014 service delivery for congregate nutrition was slightly below projections, I would request we continue with our current service delivery plan for 2015 (57 units per day for congregate meals) as we experienced several weather related closings. I would also request we continue our current plan for home delivered meals (112 units per day) as we slightly exceeded projections for the year. Our program staff continues to work diligently with our hornebound 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 2015, our anticipated income for the III -C -1 (Congregate Dining) Program is $45,000.00 and $73,000 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. Seniors are informed of the contribution policy in print, signage and through regular announcements and no senior is denied a meal for inability or unwillingness to contribute. Envelopes are provided both to our homebound seniors and in our dining room to protect their privacy. To insure we continue to provide a high quality service to seniors, yearly food satisfaction surveys are completed and a suggestion box 8is located at the site, there is an open door policy at the Town of Southold Dining program. The site manager and all staff are visible and available to address any concerns or problems any senior may have which is done on a daily basis. Throughout the year seniors are asked to comment on new menu items, music preferences, activities etc. Client rights and grievance policies and procedures are posted throughout the building. November 2013 marked the opening of our satellite congregate lunch program at the Peconic Center. 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 in a more centrally located facility is currently being implemented. After a full year (no service in July/August)we are averaging approximately 20 senior participants, which reflects a slight increase in participation. While our service is currently approved by the SCDOH for a staffed vending operation, we have made the necessary structural kitchen changes for a full service operation and will propose the change to SCOFA and SCDDH if there is a demonstrated need. In 2014 we also provided transportation for seniors requesting to attend the program in Peconic on regular meeting dates. Equal Access to Services and Targeting Plan: In following the guidelines set forth under the Older Americans Act, Southold Town Senior Services is committed to our goal of providing nutrition and support services to our elderly residents. According to the 2010 U.S. Census, 3.47% of the elderly residents in Southold Town are minority. For January 2014 to date, we served 4.8% 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. Since CAST serves a large minority component, this is an effective linkage. 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. In 2014, we collaborated on a grant program called "Gert's Greens" to provide fresh local produce to seniors in our community. The fresh produce was distributed to the CAST food pantry and to all home delivered meals program participants along with an informational brochure about our programs. Seniors attending the nutrition program received coupons to use at local farm stands and were provided with fresh produce and/or transportation to local farm stands. With CAST's help, we were able to expand our outreach to the low income and/or minority elderly. Both Senior Center Manager, Jacqueline Martinez and Senior Citizen Aide (HDM Assessor), Auristhela Reinert, will be assisting the Director in developing and expanding outreach activities as they are both fluent in Spanish. As a contractor with SCOFA, we are in compliance with the requirements set forth by Equal Access to Services and Targeting Policy (12 -PI 08) and the Telephonic Interpretation Policy (12 -IM - 03) and are committed to expanding hveaccess to the most vulnerable elderly, particularly those with limited English proficiency. All program staff have been trained on the use of the language translationlinterpretation services.We have provided information on the Town's website and have posted the service at the entrance of our facility. We are currently in contract with Propio Language Services for telephonic interpretation and document translation services. We are, however, are in the process of negotiating a new contract with Language Line Solutions (New York State Contract) and will keep SCOFA apprised of the change. Staff will be provided additional training for the new service should we enter into contract with them.In addition, we have 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 is 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 Community Development Grant funding for 2014/15 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 2010 Southold Senior Services partnered with the North Fork Woman for Woman Fund in their NYSOFA's Community Empowerment Aging in Place Grant Program to expand and enhance awareness and service delivery to the lesbian community on the North Fork and we continue to collaborate with them to assist seniors in the community. 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- Radioj92.1FM. 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 newsletter along with Seniors Options and Solutions Program. (SOS). The newsletter, which has a town wide distribution, has a dedicated section for seniors highlighting the programs and services available to them. Eastern Long Island Hospital's SOS Program also provides monthly wellness seminars at the Senior Center in conjunction with local health services providers. 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 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 2015 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 include 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. The Town will maintain a data base for all seniors registered by Senior Services and cross reference cross reference with Suffolk County Office of Emergency Management routinely so information remains current and seniors and their families know what to do in the event of an emergency. With the introduction of the new GIS system, data on our frail seniors can be entered into a central data base which will interface with emergency evacuation lists and vulnerable flood zone areas as necessary. 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 drivers cannot safely deliver due to the weather. These seniors are all called in the early morning and notified when drivers cannot deliver. An announcement is also made on the local radio station. 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. In reviewing the Town's response to Super storm 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. Peconic Landing and San Simeon by the Sound are continuing to work closely with the Town and Senior Services to provide emergency sheltering for seniors with special medical needs. Assessment Plan: In following the guidelines set forth under the Older Americans Act, Southold Town Senior Services is committed to our goal of providing nutrition and support services to elderly residents in our community. We employ two individuals 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 2014, 213 in home assessments and 147 follow up contacts were completed. To optimize outcomes for seniors, close working relationships have been established through regular monthly meetings of the Health Care Issues and the Elderly Committee Meeting held at the Center. At this meeting, twenty four organizations providing hospital and community based services to seniors are represented throughout the year. Electronic Data Entry and Reporting Compliance Plan: All (SAMS) client data, rosters and services provided are completed by assessors and designated program staff i.e., Christine Droskoski, Senior Clerk Typist; Cheryl Kaswell, Account Clerk Typist and Kathleen Mazzaferro, Clerk Typist. Jacqueline Martinez, Senior Center Program Manager is responsible for all required monthly reporting to maintain full compliance with Suffolk County Office for the Aging. SUMMARY— FOR HOME -DELIVERED NUTRITION PROGRAMS 2015.- PROPOSER: 015 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) XX HOME -DELIVERED F1 CATERED qX 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 QT �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 SUMMARY— FOR CONGREGATE NUTRITION PROGRAMS 2015 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) 57 5 6AM 5PM $4.00 NXCONGREGATE F1 CATERED 5 COOK ON SITE Number of meals to be served each day — Congregate Number of days per week for program Circle days of program M T W T F Hours of operation each day- Peconic Center 2nd & 4th Thursdays of each month. Suggested contribution amount( toSieuposteduly and August) 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. 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 RFQ No. 001/2011/MVK SC Law No. 11 -AG -020 RFQ for Nutrition Programs for the Elderly Attachment: Sec. 11.1. c. Southold Town Human Services Organizational Chart SUPERVISOR AND TOWN BOARD DIRECTOR OF HUMAN SERVICES SENIOR CENTER SITE MANAGER FT SENIOR FT SENIOR FT FT ADC PT DEVELOP - CLERK COOK CASEWORKER SUPERVISOR MENTAL TYPIST DISABILITIES COORDINATOR FT CDL MBD FT ASST 2 FT SENIOR FT SENIOR PT SENIOR COOK CITIZEN AID II AIDE II CITIZEN AIDE 11 FT CDL MBD FT FSW FT I HHA FISHERS IS FT ACCOUNT CLERK FT CDL MBD PT FSW TYPIST PT HHA PT MAINT PT HHA PT MBD PT FSW MECH I PT HHA PT MBD PT MBD PT HHA TRANS KEY ADC ADULT DAY CARE FSW FOOD SERVICE WORKER FT FULL TIME HHA HOME HEALTH AIDE MBD MINI BUS DRIVER PT PART TIME �i McLaughlin, Karen From: noreply@salesforce.com on behalf of Leads Administ� Sent: Monday, December 29, 2014 2:34 PM v To: McLaughlin, Karen Subject: Thank you for your interest in LanguageLine Solutions Page 1 of 1 [leadsadmin2@languageline.com] Dear Karen McLaughlin, EQ Thank you for contacting LanguageLine Solutions. We have received your request and will be getting back to you soon. Here is the information you provided us. Company: Town of Southold Human Services Division: Name: Karen McLaughlin Address: 750 Pacific St Po Box 85 East Marion, NY 11939 Email: karen.mclaughlin@town.southold.ny.us Phone: (631) 298-4460 Services requested: Over -the -Phone Interpretation; Document Translation & Localization; Consulting Services; LanguageU<sup>C</sup> Video Remote Inter Languages Requested: Best Regards, LanguageLine Solutions hfp://www.languageline.com/ NOTE: This e-mail is confidential and is intended only for the recipient(s) listed. Unauthorized use or disclosure of this e-mail or any of the information in it is strictly prohibited. If you are not a listed recipient or someone authorized to receive e-mail on behalf of a listed recipient, please reply to the sender that the e-mail was misdirected and delete the e-mail. Thank you. 12/29/2014 • Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly Attachment 2015 PERFORMANCE MEASUREMENTS FOR THE NUTRITION PROGRAMS Each Nutrition Contractor will be evaluated annually using the following performance measurements. 1. Each Contractor must report total meals served monthly no later than the twelfth (12 h) of the month. These numbers will be compared to the percentage of the contract term elapsed. 2. Each Contractor will be monitored annually by the S.C. Office for the Aging staff for programmatic compliance and for kitchen safety. Below are listed the areas to be monitored that will receive numerical values for compliance. A. Programmatic (each section is worth 10 points.) 1. Service activity / Performance 2. Targeting 3. Staffing 4. Accountability / reporting 5. Security 6. Service practices B. Kitchen (each section is worth 10 points) 7. Menus 8. Certifications/ signs 9. Meal service 10. Sanitation / storage Page 18 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG - Rev. 2/5/15 IFMS No. 0000000 001-6790/6797/6774/6777-4980, 6776-3330-95230 . Consultant/Personal Services - Nutrition Program for the Elderly i. Participants must submit their grievances in writing to Aging's Article IA Program Administrator. Grievance Procedures ii. The grievance should be filed 1. Purpose within thirty (30) days of denial, reduction or termination of In accordance with §306 (a) (6) (P) of the Older services, or of the event or Americans Act, as amended (OAA), the Suffolk circumstances with which the County Office for the Aging has established a participant is dissatisfied. Aging's process for resolving complaints from older Program Administrator may grant persons who are dissatisfied with or denied an extension for good cause services funded under Title III of the Act. shown. 2. Notifying Participants of the Right to File a iii. The grievance should be filed on Grievance the form approved by Aging, a. The Contractor shall inform all participants which shall include a written in the program of the right to file a statement setting forth in detail grievance. A summary of the procedures, the date, time and circumstances including a statement that assistance to file that are the basis of the complaint. shall be provided to older persons, must be b. Investigation and Response to Grievance: prominently posted at service delivery sites or offices at which participants and service i. The designated reviewer who applicants apply for services. Summaries performs the initial review shall must be in a format approved by Aging and investigate the grievance, shall also be written in languages other than including, as appropriate, meeting English where required to serve the with the grievant and other clientlapplicant population. Service persons involved in the action(s) participants shall be informed of the complained of or in the denial of grievance procedures through written and services. verbal statements provided to them upon ii. The reviewer shall review all assessment and/or reassessment for pertinent facts and/or documents, services. and shall determine whether the b. A participant or applicant who is denied agency action was made in Title III services by the Contractor and the accordance with lawful Aging program monitor must be given the procedures (that is, consistent reasons for the denial. The denial shall be with applicable OAA and or State confirmed in writing and the applicant laws, regulations and policies)and informed of the right to file a grievance supported by the facts. and to whom the grievance shall be iii. The designated reviewer shall addressed. For services which are applied prepare and send a written for by telephone or verbally, in person, the response to the grievant and to client may be told of the right to file a Aging's Director within fifteen grievance verbally. (15) days after the grievance is 3. Grievance Process filed. The response shall set forth a. Filing of grievances must follow the the circumstances relating to the following process: grievance, the action requested by Page 19 of 37 Sohld NPE NEW Template 20145 . Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly the grievant, the findings of the reviewer, a proposed remedial action, if any, and reason(s) for and facts relied on in the determination. c. Appeal of Initial Response/Decision: i. The grievant may initiate a request for subsequent review by Aging's Director within twenty (20) calendar days following receipt of notification by the Program Administrator of the decision. ii. Aging's Director shall request copies of the initial file on the complaint in question. Aging's Director will review the materials to ensure that pertinent policies and procedures have been applied and followed. If appropriate, Aging's Director or his/her designee will meet with the older person to allow the grievant an opportunity to present information about the grievance. iii. If the policies and procedures have been adhered to, Aging's Director will not overturn the decision of the Program Administrator. If proper policies and procedures have not been applied, Aging reserves the right to overturn the decision. The subsequent review shall be completed within forty-five (45) days of receipt of the request by the older individual and the grievant will be notified in writing of the result of the subsequent review. 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 grievance, any investigative reports; any written response submitted by Aging or the service provider Rev. 7/9/12 aging; any documents or other records submitted by any party; the written Initial Response of the agency, and, if applicable, the notice to the grievant of the right to an appeal. Confidentiality No information, documents or other records relating to a grievance shall be disclosed by program staff or volunteers in a form that identifies the grievant without the written informed consent of the grievant, unless the disclosure is required by court order or for program monitoring by authorized agencies. Page 20 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly Article II rendered and expenditures already Financial Terms and Conditions made), or not more than thirty (30) for which expenditures have been or days after the expenditures were 1. Conflicting Provisions made, and in no event after the 31St Contract. Either upon execution of 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. Rev. 7/9/12 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 Page 21 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly 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 being a municipality exempt from accounts, books, records, and other payment of such taxes. documents relevant to the Contract d. The County may, during the Term, for seven (7) years after final impose a Budget Deficiency Plan. In the payment is made by the County. event that a Budget Deficiency Plan is Federal, State, and/or County imposed, the County shall promptly notify auditors and any persons duly authorized by the County shall have Rev. 7/9/12 Page 22 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly 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. 5. Audit a. All payments made under the Contract are subject to audit by the Comptroller pursuant to Article V of the Suffolk County Charter. The Contractor further agrees that the Comptroller and the Department shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transactions or other records relating to Services under the Contract. If such an audit discloses overpayments by the County to the Contractor, within thirty (30) days after the issuance of an official audit report by the Comptroller or his duly designated representatives, the Contractor shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no response, or if satisfactory repayments are not made, the County may recoup overpayments from any amounts due or becoming due to the Contractor from the County under the Contract or any other Fund Source. b. The provisions of this paragraph shall survive the expiration or termination of the Contract for a Rev. 7/9/12 6. IVA Page 23 of 37 period of seven (7) years, and access to records shall be as set forth in paragraph 31 of Exhibit 1, and paragraph 4(b) of Article H. Comptroller's Rules and Regulations for Consultant's Agreements The Contractor shall comply with the "Comptroller's Rules and Regulations for Consultant's Agreements" as promulgated by the Department of Audit and Control of Suffolk County and any amendments thereto during the Term of the Contract. The "Comptroller's Rules and Regulations for Consultant's Agreements" may be viewed online at the County's website, SuffolkCountyny.gov; go to "Government," then "Comptroller," then "Consultant's Agreements." Financial Statements and Audit Requirements a. Notwithstanding any other reporting or certification requirements of Federal, State, or local authorities, the Contractor shall obtain the services of an independent licensed public accountant or certified public accountant (the "Auditor") to audit its financial statements for each Contractor's "fiscal year" in which the Contractor has received, or will receive, three hundred thousand ($300,000.00) dollars or more from the County, whether under the Contract or other agreements with the County, and shall submit a report to the County on the overall financial condition and operations of the Contractor, including a balance sheet and statement of income and expenses, attested by the Auditor as fairly and accurately reflecting the accounting records of the Contractor in accordance with generally accepted accounting principles. The Contractor may solicit requests for proposals from a number of qualified accounting firms and review SAM NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 - Consultant/Personal Services - Nutrition Program for the Elderly carefully the costs of, and qualifications for, this type of work before selecting the Auditor. b. The Auditor should be required to meet the following minimum requirements: i.) a current license issued by the New York State Education Department; ii.) sufficient auditing experience in the nonprofit, governmental or profit-making areas, as applicable; and iii.) a satisfactory peer review issued within not more than three (3) years prior to the date when the Auditor was selected to conduct the audit. C. The audit must be conducted in accordance with generally accepted governmental auditing standards. Financial statements must clearly differentiate between County -funded programs and other programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged for this purpose. The Auditor must also prepare a Management better based on the audit. d. In the event the Contractor is a non- profit organization or unit of local government and expends five hundred thousand ($500,000.00) dollars or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agencies, or as a subrecipient expending Federal awards received from a pass-through entity, such as New York State or Suffolk County, during any fiscal year within which it receives funding under the Contract, the audit must be conducted, and the audit report ("Single Audit Report") must be, in accordance with OMB Circular No. A-133 (revised June 27, 2003). Single Audit Reports must also be submitted to the designated clearinghouse, cognizant agency and/or pass - Rev. 7/9/12 Page 24 of 37 through entity, to the extent required by the OMB Circular referred to above. e. The Contractor must submit to the County a statement in writing, certified by its chief financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must mail or deliver the certified statement to the Department and to the Executive Director of Auditing Services, Suffolk County Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial Highway, P. 0. Box 6100, Hauppauge, New York 11788-0099, as soon as possible after the end of the Contractor's fiscal year. The statement must include all Federal funding received directly from the Federal government and all Federal funds passed through from the County and other pass-through entities. L Copies of all financial statements, Management Letters, Single Audit Reports and other audit reports must be transmitted to the County and to the Executive Director of Auditing Services at the address set forth above. The reports must be submitted within thirty (30) days after completion of the audit, but in no event later than nine (9) months after the end of the Contractor's fiscal year, to which the audit relates. g. These requirements do not preclude the County, the Comptroller, or their authorized representatives, or Federal or State auditors from auditing all records of the Contractor. Therefore, the records of the Contractor must be made available to authorized representatives of Federal, State and County government for that purpose. h. The provisions of this paragraph shall survive the expiration or termination of the Contract. Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly 8. Statement of Other Contracts Prior to the execution of the Contract, the Contractor shall submit a Statement of Other Contracts to the County, which shall be attached as an exhibit to the Contract. If the Contract is amended during the Term, or if the County exercises its option right, the Contractor shall attach a then current Statement of Other Contracts. 9. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations The maximum amount to be paid by the County is set forth on the first page of the Contract. b. Duplicate Payment from Other Sources Payment by the County for the Services shall not duplicate payment received by the Contractor from any other source. C. Funding Identification The Contractor shall promptly submit to the County upon request, a schedule for all programs funded by the County itemizing for each such program the sums received, their source and the total program budget. d. Outside Funding for Non -County Funded Activities Rev. 7/9/12 Notwithstanding the foregoing provisions of the Contract, it is the intent of the County that the terms and conditions of the Contract shall not limit the Contractor from applying for and accepting outside grant awards or Page 25 of 37 from providing additional educational activities/services which may result in the Contractor incurring additional costs, as long as the following conditions are met: i.) The County is not the Fund Source for the additional services; ii.) Sufficient funding is available for or can be generated by the Contractor to cover the cost incurred by the Contractor to provide these additional services; and iii.)If sufficient funding is not available or cannot be generated, the County shall not be held liable for any of the additional costs incurred by the Contractor in furnishing such additional services. iv.) Prior to scheduling any such additional services on County -owned property, the Contractor shall obtain written County approval. The Contractor shall, to the County's satisfaction, submit any documentation requested by the Department reflecting the change, and identify the additional services to be provided and the source of funding that shall be utilized to cover the expenditures incurred by the Contractor in undertaking the additional services. e. Potential Revenue The Contractor shall actively seek and take reasonable steps to secure all potential funding from grants and contracts with other agencies for programs funded by the County. Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly f. Payments Contingent upon State/Federal Funding Payments under the Contract may be subject to and contingent upon continued funding by State and/or Federal agencies. In such event, no payment shall be made until the Contractor submits timely documentation in the manner and form as shall be required by State and/or Federal agency. If late submission of Contractor's claims precludes the County from claiming State or Federal reimbursement, such late claims shall not be honored. If, for any reason, the full amount of such State/Federal funding is not made available to the County, the Contract may be terminated in whole or in part, or the amount payable to the Contractor may be reduced at the discretion of the County, provided that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction, and provided that money has been appropriated for payment of such costs. g. Denial of Aid Rev. 7/9/12 If a State or Federal government agency is funding the Contract and fails to approve aid in reimbursement to the County for payments made hereunder by the County to the Contractor for expenditures made during the Term because of any act, omission or negligence on the part of the Contractor, then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal government agency, and the County's obligation to the Contractor shall be reduced by any such amounts. In such an event, if there should be a balance due to the County after it has made a final payment to the Contractor under the Contract, on demand by the County, the Contractor shall reimburse the County for the amount of the balance due the County, payable to the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. h. Contractor Vacancies The County shall have the right of prior approval of the Contractor's filling of any position vacant as of the date of execution of the Contract or as may thereafter become vacant, and, in the exercise of that right, may promulgate reasonable regulations involving position control which shall be deemed to be incorporated by reference in, and be made part of, the Contract. i. No Limitation On Rights Notwithstanding anything in this Article II, the County shall have available to it all rights and remedies under the Contract and at law and equity 10. Specific Payment Terms and Conditions Rate information follows as set forth on the Rate Page. The rest of this page is intentionally left blank Page 26 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly Town of Southold RATE PAGE Nutrition Program for the Elderly January 1, 2015 - December 31, 2015 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 IRC program End of Text for Article II Rev. 7/9/12 Page 27 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly Exhibit I County Terms and Conditions Elements of Interpretation As used throughout the Contract: a. Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons, and shall include successors and assigns. b. Capitalized terms used, but not otherwise defined herein, shall have the meanings assigned to them in the Contract. 2. Meanings of Terms As used in the Contract: "Comptroller" means the Comptroller of the County of Suffolk. "Contract" means all terms and conditions herein forming all rights and obligations of the Contractor and the County. "Contractor" means the signatory person, partnership, corporation, association or other entity, its officers, officials, employees, agents, servants, sub -contractors and any successor or assign of any one or more of the foregoing performing the Services. "County" means the County of Suffolk, its departments, and agencies. "County Attorney" means the County Attorney of the County of Suffolk. "Department" means the signatory department approving the Contract. "Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying, as the case may be, under Section 7201 and Section 7203 of the State Education Law, respectively. "Event of Default" means a. the Contractor's failure to perform any duty required of it under paragraphs 4 through 7 of this Exhibit 1 of the Contract; or b. the Contractor's failure to maintain the amount and types of insurance with an authorized insurer as required by the Contract; or Rev. 7/9/12 C. the Contractor's failure to maintain insurance required by the Contract with an insurer that has designated the New York Superintendent of Insurance as its lawful agent for service of process; or d. The Contractor's failure to comply with any Federal, State or local law, rule, or regulation, and County policies or directives; or e. The Contractor's bankruptcy or insolvency; or The Contractor's failure to cooperate in an Audit; or g. The Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfeasance in financial record keeping arising out of, or in connection with, any contract with the County; or h. The Contractor's failure to submit, or failure to timely submit, documentation to obtain Federal or State funds; or i. The inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the Contractor; or j. Any condition the County determines, in its sole discretion, that is dangerous. "Federal" means the United States government, its departments and agencies. "Fund Source" means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "Legislature" means the Legislature of the County of Suffolk. "Services" means all that which the Contractor must do, and any part thereof arising out of, or in connection with, the Contract as described in Article I "Description of Services." "State" means the State of New York. "Suffolk County Payment Voucher" means the document authorized and required by the Comptroller for release of payment. "Term" means the time period set forth on page one of the Contract and, if exercised by the County, the option period. 3. Contractor Responsibilities Page 28 of 37 a. It shall be the duty of the Contractor to discharge, or cause to be discharged, all of its responsibilities, and to administer funds received in the interest of the County in accordance with the provisions of the Contract. b. The Contractor shall promptly take all action as Sohld NPE NEW Template 20145 ` Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly may be necessary to render the Services. C. The Contractor shall not take any action that is inconsistent with the provisions of the Contract. d. Services provided under this Contract shall be open to all residents of the County. 4. Qualifications, Licenses, and Professional Standards a. The Contractor represents and warrants that it has, and shall continuously possess, during the Term, the required licensing, education, knowledge, experience, and character necessary to qualify it to render the Services. b. The Contractor shall continuously have during the Term all required authorizations, certificates, certifications, registrations, licenses, permits, and other approvals required by Federal, State, County, or local authorities necessary to qualify it to render the Services. 5. Notifications a. The Contractor shall immediately notify the County, in writing, of any disciplinary proceedings, commenced or pending, with any authority relating to a license held by any person necessary to qualify him or the Contractor to perform the Services. 7. 8. b. In the event that a person is no longer licensed to perform the Services, the Contractor must immediately notify the County, but in no event shall such notification be later than five (5) days after a license holder has lost the license required to qualify the license holder or the 9. Contractor to perform the Services. C. In the event that the Contractor is not able to perform the Services due to a loss of license, the Contractor shall not be reimbursed for the Services rendered after the effective date of termination of such license. Without limiting the generality of the foregoing, if any part of the Contract remains to be performed, and the termination of the license does not affect the Contractor's ability to render the Services, every other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted by law. 6. Documentation of Professional Standards The Contractor shall maintain on file, in one location in Suffolk County, all records that demonstrate that it has complied with paragraphs 4 and 5 above. The address of the location of the aforesaid records and documents shall be provided to the County no later than the date of execution of the Contract. Such documentation shall be kept, maintained, and available for inspection by the County upon twenty-four (24) hours notice. Rev. 7/9/12 Page 29 of 37 Credentialing a. In the event that the Department, or any division thereof, maintains a credentialing process to qualify the Contractor to render the Services, the Contractor shall complete the required credentialing process. In the event that any State credential, registration, certification, or license, Drug Enforcement Agency registration, or Medicare or Medicaid certification is restricted, suspended, or temporarily or permanently revoked, it is the duty of the Contractor to contact the Department, or division thereof, as the case may be, in writing, no later than three (3) days after such restriction, suspension, or revocation. b. The Contractor shall forward to the Department, or division thereof, as the case may be, on or before July 1 of each year during the Term, a complete list of the names and addresses of all persons providing the Services, as well as their respective areas of certification, credentialing, registration, and licensing. Engineering Certificate In the event that the Contract requires any Engineering Services, the Contractor shall submit to the County, no later than the due date for submission for approval of any engineering work product, the Certificate of Authorization ("Certificate"), issued pursuant to § 7210 of the New York Education Law, of every person performing any Engineering Services. The failure to file, submit or maintain the Certificate shall be grounds for rejection of any engineering work product submitted for approval. Termination a. Thirty Days Termination The County shall have the right to terminate the Contract without cause, for any reason, at any time, upon such terms and conditions it deems appropriate, provided, however, that no such termination shall be effective unless the Contractor is given at least thirty (30) days notice. b. Event of Default; Termination on Notice i.) The County may immediately terminate the Contract, for cause, upon such terms and conditions it deems appropriate, in the Event of Default. ii.) If the Contractor defaults under any other provision of the Contract, the County may terminate the Contract, on not less than five (5) days notice, upon such terms and conditions it deems appropriate. C. Termination Notice Any notice providing for termination shall be Sohld NPE NEW Template 20145 Law No. 15 -AG - Rev. 2/5/15 IFMS No. 0000000 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly delivered as provided for in paragraph 33 of this Exhibit 1. d. Duties upon Termination i.) The Contractor shall discontinue the Services as directed in the termination notice. ii.) Subject to any defenses available to it, the County shall pay the Contractor for the Services rendered through the date of termination. iii.) The County shall be released from any and all liability under the Contract, effective as of the date of the termination notice. iv.) Upon termination, the Contractor shall reimburse the County the balance of any funds advanced to the Contractor by the County no later than thirty (30) days after termination of the Contract. The provisions of this subparagraph shall survive the expiration or termination of the Contract. V.) Nothing contained in this paragraph shall be construed as a limitation on the County's rights set forth in paragraphs 5(c) and 15 of this Exhibit 1. 10. Indemnification and Defense a. The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses caused by the negligence or any acts or omissions of the Contractor, including reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and employees in any action or proceeding arising out of or in connection with the Contract. b. The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses arising out of any claim asserted for infringement of copyright, including reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and employees in any action or proceeding arising out of or in connection with any claim asserted for infringement of copyright. C. The Contractor shall defend the County, its agents, servants, officials, and employees in any proceeding or action, including appeals, arising out of, or in Rev. 7/9/12 11. Page 30 of 37 connection with, the Contract, and any copyright infringement proceeding or action. Alternatively, at the County's option, the County may defend any such proceeding or action and require the Contractor to pay reasonable attorneys' fees or salary costs of County employees of the Department of Law for the defense of any such suit. Insurance a. The Contractor shall continuously maintain, during the Term of the Contract, insurance in amounts and types as follows: i.) Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage. The County shall be named an additional insured. ii.) ii.) Automobile Liability insurance (if any non -owned or owned vehicles are used by the Contractor in the performance of the Contract) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand Dollars ($100,000.00) for property damage per occurrence. The County shall be named an additional insured. iii.) Workers' Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. The Contractor shall furnish to the County, prior to its execution of the Contract, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law § 108, the Contract shall be void and of no effect unless the Contractor shall provide and maintain coverage during the Term for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. iv.) Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per -occurrence or claims -made coverage basis. b. The County may mandate an increase in the liability limits set forth in the immediately preceding Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly paragraphs (I 1)(a)(i), (ii), and (iv). 14. Merger; No Oral Changes C. All policies providing such coverage shall be 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 f. 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 13. Severability individual satisfies any eligibility or other 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 such term or provision to persons or circumstances other subjecting individuals to discrimination because of their than those as to which it is held invalid or unenforceable, race, creed, color, national origin, sex, age, disability, shall not be affected thereby, and every other term and sexual orientation, military status, or marital status, or have provision of the Contract shall be valid and shall be the effect of substantially impairing the Contract with enforced to the fullest extent permitted by law. respect to individuals of a particular race, creed, color, Rev. 7/9/12 Page 31 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG - Rev. 2/5/15 IFMS No. 0000000 001-6790/6797/6774/6777-4980, 6776-3330-95230 . Consultant/Personal Services - Nutrition Program for the Elderly 17. 18. 19. 20. 21 national origin, sex, age, disability, sexual orientation, military status, or marital status, in determining: i.) the Services to be provided, or ii.) the class of individuals to whom, or the situations in which, the Services will be provided; or 22. iii.) the class of individuals to be afforded an opportunity to receive the Services. Nonsectarian/Nonpartisan Declaration The Services performed under the Contract are secular and nonpartisan in nature. No funds received pursuant to the 23 Contract shall be used for sectarian purposes or to further the advancement of any religion, candidate or partisan effort. The Services will be available to all eligible individuals regardless of religious belief or political affiliation. Governing Law The Contract shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venue shall be designated in the Supreme Court, Suffolk County, the United States District Court for the Eastern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. No Waiver It shall not be construed that any failure or forbearance of the County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. Conflicts of Interest The Contractor shall not, during the Term, pursue a course of conduct which would cause a reasonable person to believe that he or she is likely to be engaged in acts that create a substantial conflict between its obligations under the Contract and its private interests. The Contractor is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue as long as the Term. The determination as to whether or when a conflict may potentially exist shall ultimately be made by the County Attorney after full disclosure is obtained. Cooperation on Claims The Contractor and the County shall render diligently to each other, without compensation, any and all cooperation Rev. 7/9/12 24. Page 32 of 37 that may be required to defend the other party, its employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives arising out of, or in connection with, the Contract. Confidentiality Any document of the County, or any document created by the Contractor and used in rendering the Services, shall remain the property of the County and shall be kept confidential in accordance with applicable laws, rules, and regulations. Assignment and Subcontracting 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 Contract, or assign all or any portion of the monies that may be due or become due hereunder, (collectively referred to in this paragraph 23 as "Assignment"), to any other person, entity or thing without the prior written consent of the County, and any attempt to do any of the foregoing without such consent shall be void ab initio. b. Such Assignment shall be subject to all of the provisions of the Contract and to any other condition the County requires. No approval of any Assignment shall be construed as enlarging any obligation of the County under the terms and provisions of the Contract. No Assignment of the Contract or assumption by any person of any duty of the Contractor under the Contract shall provide for, or otherwise be construed as, releasing the Contractor from any term or provision of the Contract. Changes to Contractor a. The Contractor may, from time to time, with the County's consent, enter into a Permitted Transfer. For purposes of the Contract, a Permitted Transfer means: i.) if the Contractor is a partnership, the withdrawal or change, voluntary, involuntary or by operation of law, of the partners, or transfer of partnership interests (other than the purchase of partnership interests by existing partners, by the partnership itself or the immediate family members by reason of gift, sale or devise), or the dissolution of the partnership without immediate reconstitution thereof, and ii.) if the Contractor is a closely held corporation (i.e. whose stock is not publicly held and not traded through an exchange or over the counter), 1. the dissolution, merger, Sohld NPE NEW Template 20145 Law No. 15-AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly consolidation or other reorganization of the Contractor, 2. the sale or other transfer of twenty percent (20%) or more of the shares of the Contractor (other than to existing shareholders, the corporation itself or the immediate family members of shareholders by reason of gift, sale or devise). b. If the Contractor is a not-for-profit corporation, a change of twenty percent (20%) or more of its shares or members shall be deemed a Permitted Transfer. C. The Contractor shall notify the County in writing, which notice (the "Transfer Notice") shall include: i.) the proposed effective date of the Permitted Transfer, which shall not be less than thirty (30) days nor more than one hundred eighty (180) days after the date of delivery of the Transfer Notice; ii.) a summary of the material terms of the proposed Permitted Transfer, iii.) the name and address of the proposed transferee, iv.) such information reasonably required by the County, which will enable the County to determine the financial responsibility, character, and reputation of the proposed transferee, nature of the proposed assignee/transferee's business and experience; V.) all executed forms required pursuant to Exhibit 2 of the Contract, that are required to be submitted by the Contractor; and vi.) such other information as the County may reasonably require. d. The County agrees that any request for its consent to a Permitted Transfer shall be granted provided that the transfer does not violate any provision of the Contract, and the transferee has not been convicted of a criminal offense as described under Article II of Chapter 189 of the Suffolk County Code. The County shall grant or deny its consent to any request of a Permitted Transfer within twenty (20) days after delivery to the County of the Transfer Notice, in accordance with the provisions of Paragraph 33 of this Exhibit 1 of the Contract. If the County shall not give written notice to the Contractor denying its consent to such Permitted Transfer (and setting forth the basis for such denial in reasonable detail) within such 20 -day period, then the County shall be deemed to Rev. 7/9/12 have granted its consent to such Permitted Transfer. e. Notwithstanding the County's consent, i.) the terms and conditions of the Contract shall in no way be deemed to have been waived or modified, and ii.) such consent shall not be deemed consent to any further transfers. 25. No Intended Third Party Beneficiaries The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a beneficiary of the Contract and no third party shall have the right to make any claim or assert any right under the Contract. 26. Certification as to Relationships The Contractor certifies under penalties of perjury that, other than through the funds provided in the Contract and other valid agreements with the County, there is no known spouse, life partner, business, commercial, economic, or financial relationship with the County or its elected officials. The Contractor also certifies that there is no relationship within the third degree of consanguinity, between the Contractor, any of its partners, members, directors, or shareholders owning five percent (5%) or more of the Contractor, and the County. 27. Publications Any book, article, report, or other publication related to the Services provided pursuant to this Contract shall contain the following statement in clear and legible print: "This publication is fully or partially funded by the County of Suffolk." 28. Copyrights and Patents a. Copyrights Any and all materials generated by or on behalf of the Contractor while performing the Services (including, without limitation, designs, images, video, reports, analyses, manuals, films, tests, tutorials, and any other work product of any kind) and all intellectual property rights relating thereto ("Work Product") are and shall be the sole property of the County. The Contractor hereby assigns to the County its entire right, title and interest, if any, to all Work Product, and agrees to do all acts and execute all documents, and to use its best efforts to ensure that its employees, consultants, subcontractors, vendors and agents do all acts and execute any documents, necessary to vest ownership in the County of any and all Page 33 of 37 Sohld NPE NEW Template 20145 Law No. 15 -AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly Work Product. The Contractor may not secure copyright protection. The County reserves to itself, and the Contractor hereby gives to the County, and to any other person designated by the County, consent to produce, reproduce, publish, translate, display or otherwise use the Work Product. This paragraph shall survive any completion, expiration or termination of this Contract. 31. The County shall be deemed to be the author of all the Work Product. The Contractor acknowledges that all Work Product shall constitute "work made for hire" under the U.S. copyright laws. To the extent that any Work Product does not constitute a "work made for hire," the Contractor hereby assigns to the County all right, title and interest, including the right, title and interest to reproduce, edit, adapt, modify or otherwise use the Work Product, that the Contractor may have or may hereafter acquire in the Work Product, including all intellectual property rights therein, in any manner or medium throughout the world in perpetuity without compensation. This includes, but is not limited to, the right to reproduce and distribute the Work Product in electronic or optical media, or in CD- ROM, on-line or similar format. b. Patents If the Contractor develops, invents, designs or creates any idea, concept, code, processes or other work or materials during the Term, or as a result of any Services performed under the Contract ("patent eligible subject matter"), it shall be the sole property of the County. The Contractor hereby assigns to the County its entire right, title and interest, if any, to all patent eligible subject matter, and agrees to do all acts and execute all documents, and to use its best efforts to ensure that its employees, consultants, subcontractors, vendors and agents do all acts and execute any documents, necessary to vest ownership in the County of any and all patent eligible subject matter. The Contractor may not apply for or secure for itself patent protection. The County reserves to itself, and the Contractor hereby gives to the County, and to any other person designated by the County, consent to produce or otherwise use any item so discovered and/or the right to secure a patent for the discovery or invention. This paragraph shall survive any completion, expiration or termination of this Contract. 29. Arrears to County The Contractor warrants that, except as may otherwise be authorized by agreement, it is not in arrears to the County upon any debt, contract, or any other lawful obligation, and is not in default to the County as surety. 30. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction In the event that the Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk County Code Article II of Chapter 353, as more fully set forth in Exhibit 2 entitled "Suffolk County Legislative Requirements," the Contractor shall maintain the documentation mandated to be kept by this law on the construction site at all times. Employee sign -in sheets and register/log books shall be kept on the construction site at Rev. 7/9/12 32. 33. Page 34 of 37 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. 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 False Claims Act (New York False Claims Act § 192) is ten (10) years. Certification Regarding Lobbying Together with this Contract and as a condition precedent to its execution by the County, the Contractor shall have executed and delivered to the County the Certification Regarding Lobbying (if payment under this Contract may exceed $100,000) as required by Federal regulations, and shall promptly advise the County of any material change in any of the information reported on such Certification, and shall otherwise comply with, and shall assist the County in complying with, said regulations as now in effect or as amended during the term of this Contract. Notice Unless otherwise expressly provided herein, all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1.) to the Contractor at the address on page I of the Contract and 2.) to the County at the Department, or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 11788- 0099. End of Text for Exhibit 1 Sohld NPE NEW Template 20145 f- ° M Law No. 15-AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly 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 Suffolk County Living Wage Form LW -38; entitled REQUIRED FORMS REFERENCED HEREIN ARE 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, Contrast'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, 4. Lawful Hiring of Employees Law to terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article Required Forms: II of Chapter 353 of the Suffolk County Code. Rev. 7/9/12 Page 35 of 37 Sohld NPE NEW Template 20145 M Pt Law No. 15-AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed swom affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January 1 of each year for the duration of any contract and upon the renewal or amendment of the Contract, and whenever a new contractor or subcontractor is hired under the terms of the Contract. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the Contract. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate the Contract for violations of this Law and to seek other 5. 6. 7. remedies available under the law. The documentation mandated to be kept by this law shall at all times be kept on site. Employee sign -in sheets and register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the law, shall be required to sign such sign -in sheets/register/log books to indicate their presence on the site during such working hours. Required Forms: Suffolk County Lawful Hiring of Employees Law Form LHE-1; entitled"Suffolk County Department of Labor — Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. Section 1324a) With Respect To Lawful Hiring of Employees." Suffolk County Lawful Hiring of Employees Law Form LHE-2; entitled "Affidavit Of Compliance With The Requirements Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring Of Employees" Gratuities It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 664 of the Suffolk County Code. The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of the County or the State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement. Prohibition Against Contracting with Corporations that Reincorporate Overseas It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of sections A4-13 and A4-14 of Article IV of the Suffolk County Code. The Contractor represents that it is in compliance with sections A4-13 and A4-14 of Article IV of the Suffolk County Code. Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. Child Sexual Abuse Reporting Policy It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article II of Chapter 880 of the Suffolk County Code. Rev. 7/9112 Page 36 of 37 Sohld NPE NEW Template 20145 b L Law No. 15-AG- IFMS No. 0000000 Rev. 2/5/15 001-6790/6797/6774/6777-4980, 6776-3330-95230 Consultant/Personal Services - Nutrition Program for the Elderly The Contractor shall comply with Article II of Chapter 880, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy," as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of the Contract with regard to child sexual abuse reporting policy. 8. Non Responsible Bidder It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article II of Chapter 189 of the Suffolk County Code. Upon signing the Contract, the Contractor certifies that it has not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under section 189-5 of the Suffolk County Code under "Nonresponsible Bidder." 9. Use of Funds in Prosecution of Civil Actions Prohibited It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article III of Chapter 893 of the Suffolk County Code. The Contractor shall not use any of the moneys, in part or in whole, and either directly or indirectly, received under the Contract in connection with the prosecution of any civil action against the County in any jurisdiction or any judicial or administrative forum. 10. Youth Sports It shall be the duty of the Contractor to read, become familiar with, and comply with Article III of Chapter 730 of the Suffolk County Code. All contract agencies that conduct youth sports programs are required to develop and maintain a written plan or policy addressing incidents of possible or actual concussion or other head injuries among sports program participants. Such plan or policy must be submitted prior to the award of a County contract, grant or funding. Receipt of such plan or policy by the County does not represent approval or endorsement of any such plan or policy, nor shall the County be subject to any liability in connection with any such plan or policy. 11. Work Experience Participation 12. 13. 14. If the Contractor is a not-for-profit or governmental agency or institution, each of the Contractor's locations in the County at which the Services are provided shall be a work site for public -assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum of Understanding ("MOU") with the Suffolk County Department of Labor for work experience is in effect at the Rev. 7/9/12 Page 37 of 37 beginning of the Term of the Contract, the Contractor, if it is a not-for-profit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. Safeguarding Personal Information of Minors It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Suffolk County Local Law No. 20-2013, a Local Law to Safeguard the Personal Information of Minors in Suffolk County. All contract agencies that provide services to minors are required to protect the privacy of the minors and are strictly prohibited from selling or otherwise providing to any third party, in any manner whatsoever, the personal or identifying information of any minor participating in their programs. Contract Agency Performance Measures and Reporting Requirements — Local Law No. 41-2013 a. If payment under this Contract may exceed $50,000, and the Contractor is a not-for-profit corporation or entity rendering its Services directly to the residents of the County, this Contract is subject to the requirements of Suffolk County Local Law No. 41-2013, a Local Law to Implement Performance Measurement to Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of Chapter 189 of the Suffolk County Code,) as set forth in Exhibit 2 entitled "Suffolk County Legislative Requirements." b. The Contractor shall cooperate with the Department in all aspects necessary to help carry out the requirements of the Law. Based on criteria established by the Contractor in conjunction with the Department, the Contractor shall submit monthly reports regarding the Contractor's performance in carrying out the Services, on dates and times as specified by the Department. C. The Contractor shall submit an annual report of the Contractor's performance to the Department no later than July 31 of each year of the Term. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be accessed on the homepage of the Suffolk County Legislature. End of Text for Exhibit 2 Sohld NPE NEW Template 20145