HomeMy WebLinkAboutOffice for the Aging - Nutrition Program County of Suffolk
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Steven Bellone
Suffolk County Executive
Office for the Aging
Holly S.Rhodes-Teague
RECEIVED Director
March 23, 2016
MAR 2 8 2016
The Honorable Scott A. Russell Southold Town Clerk
Supervisor
Town of Southold
P.O. Box 1179
Southold, New York 11971-0959
Re: Nutrition Program for the Elderly
IFMS No00000007395
Dear Supervisor Scott:
The fully executed Agreement referenced above is enclosed for your files.
Also enclosed find the Notification of Rights, which must be posted as part of your
compliance with Local Law No. 12-2001, the Living Wage Law.
If you require any further information, please contact Ellen Frankino at 853-8262.-
Sincerely, ,
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Joanne Kandell
Principal Accountant
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Enc.
cc: Ellen Frankino
Mary Valerie Kempinski
Karen McLaughlin
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H LEE DENNISON BUILDING • 100 VETERANS MEMORIAL HIGHWAY • P 0 BOX 6100 • HAUPPAUGE,N.Y 11788-0099
• PHONE(631)853-8200 •FAX(631)853-8225 -
NOTIFICATION OF RIGHTS UNDER
THE LIVING WAGE LAW
According to the provisions of Local Law #12-2001 (the Living Wage law) enacted
by Suffolk County in July of 2001, a living wage rate was established. The Living
Wage shall be adjusted each year in proportion to the increase of the area
Consumer Price Index. Effective January 1, 2016, the Living Wage will increase to
$11.93 per hour with health benefits and $13.58 per hour without health benefits
for covered employees of an agency receiving financial compensation through the
County. The law also mandates that full time workers receive at least 12
compensated days off per year through any combination of sick, vacation or
personal leave and includes paid holidays provided by the employer.
The Suffolk County Department of Labor has been designated as the agency to
administer this law and to this end has established a Living Wage Unit. Further
information concerning the parameters of the Living Wage law may be obtained by
contacting this Unit (631-853-3808) or accessing the Suffolk County web page at
www.co.suffolk.ny.us/labor and following the link to the Living Wage section. All
inquiries will remain confidential. •
,if_Law No.� f _ �Z� RECEIVED IFMS No. 000000007395
Rev. 1/14/16 001-6790/6797/6774/6777-4980,6776-3330-95230
Line Item/–Nutrition Program for the Elderly MAR 2 8 2016
Contract PA'C'
• Southold Town Clerk
This Contract("the Contract") is between the County of Suffolk("the County"), a municipal corporation
of the State of New York, acting through its duly constituted Office for the Aging("the Department"), located at
the H.Lee Dennison Building–3rd Floor, 100 Veterans Memorial Highway, Hauppauge,New York(Mailing
address:P.O. Box 6100, Hauppauge,New York 11788-0099); and
Town of Southold("the Contractor"), a 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: Shall be from January 1, 2016 through December 31, 2016,with an option to extend,
to be exercised at the County's discretion,through June 30, 2017 on the same terms
and conditions herein.
Total Meals: Daily Congregate: Daily Home-Delivered Meals:
57–Not to Exceed 14,193 annually 112-Not to exceed 29,232 annually
Not to Exceed $78,346.00 Annually Not to exceed$171,008 Annually
Total Cost of the Contract: Shall not exceed $249,354.00, as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I thru VI, 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 Contract It of the latest date written below.
Town of Southold County of `1'ffolk
By:
By: Dennis . Cohen
Scj&ICM-A1440 sell
Town Supervisor Chief Deputy County Executive
Fed. Taxpayer # 11-6001939 Date 0,60,7D/�
Date 2 `� Approved:
i
5,e,„71-14 A, Qi.,f�'�LI ,hereby certifies under Department
penalties of perjury that I am officer of By:cc4s i� c J,g isate
sD/ J16,
8,C $�1461 v!G/ ,that I have read and I am Holly S.Rhode -Teague
familiar with§A5-8 of Articlg of t e Su k County Code,and
that tZ<_ Jv o( meets all Director,Office for t Aging
rnts to qualify for exemption thereunder. Ree i ,i
equirf jt € 2' Dat 4
4 By: rIA � l r L I � f
Signature
ichelle Belsky Date
Approved as to Form: Food Service Supisor •
Dennis M.Brown,
Suffolk County • - • ,
11 Oil 1 11 11
By: -
Niranjan agapuram 0 07 4 5 6
Assis t County tto ey
Date 3 7 /6
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V Law No. 16—AG IFMS No. 000000007395
Rev. 1/14/16 001-6790/6797/6774/6777-4980, 6776-3330-95230
" Line Item/—Nutrition Program for the Elderly
List of Articles
Article I 5
Description of Services 5
Grievance Procedures 21
Article II 23
Definitions 23
1. Meanings of Terms 23
2. Elements of Interpretation 24
Article III 25
General Terms and Conditions 25
1. Contractor Responsibilities 25
a. Duties and Obligations 25
b. Qualifications, Licenses, and Professional Standards 25
c. Notifications 25
d. Documentation of Professional Standards 25
e. Credentialing 25
f. Engineering Certificate 25
2. Termination 26
a. Thirty Days Termination 26
b. Event of Default; Termination on Notice 26
c. Termination Notice 26
d. Duties upon Termination 26
3. Indemnification and Defense 26
4. Insurance 26
5. Independent Contractor 27
6. Severability 27
7. Merger;No Oral Changes 27
8. Set-Off Rights 27
9. Non-Discrimination in Services 27
10.Nonsectarian/Non Partisan Declaration 28
11. Governing Law 28
12.No Waiver 28
13. Conflicts of Interest 28
14. Cooperation on Claims 28
15. Confidentiality 28
16. Assignment and Subcontracting 28
17. Changes to Contractor 29
18.No Intended Third Party Beneficiaries 29
19. Certification as to Relationships 30
20. Publications 30
21. Copyrights and Patents 30
a. Copyrights 30
b. Patents 30
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22. Arrears to County 30
23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction 30
24. Certification Regarding Lobbying 31
25. Record Retention 31
26. Contract Agency Performance Measures and Reporting Requirements–Local Law No. 41-201331
27. Notice 31
Article IV 32
Suffolk County Legislative Requirements 32
1. Contractor's/Vendor's Public Disclosure Statement 32
2. Living Wage Law 32
3. Use of County Resources to Interfere with Collective Bargaining Activities 32
4. Lawful Hiring of Employees Law 32
5. Gratuities 33
6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 33
7. Child Sexual Abuse Reporting Policy 33
8. Non Responsible Bidder 34
9. Use of Funds in Prosecution of Civil Actions Prohibited 34
10. Youth Sports 34
11. Work Experience Participation 34
12. Safeguarding Personal Information of Minors 34
13. Contract Agency Performance Measures and Reporting Requirements 34
14. Suffolk County Local Laws Website Address 34
Article V 35
General Fiscal Terms and Conditions 35
1. General Payment Terms 35
, a. Presentation of Suffolk County Payment Voucher 35
b. Voucher Documentation 35
c. Payment by County 35
d. Budget Modification 35
- e. Budget and/or Services Revisions 35
f. Taxes 36
g. Final Voucher 36
2. Subject to Appropriation of Funds 36
3. Personnel Salaries, Pension and Employee Benefit Plans,Rules and Procedures 36
4. Accounting Procedures 36
5. Audit of Financial Statements 37
6. Financial Statements and Audit Requirements 3 7
7. Furniture, Fixtures,Equipment, Materials, Supplies 38
a. Purchases, Rentals or Leases Requiring Prior Approval 3 8
b. Purchase Practices/Proprietary Interest of County 3 8
c. County's Right to Take Title and Possession 38
d. Inventory Records, Controls and Reports 39
e. Protection of Property in Contractor's Custody 39
f. Disposition of Property in Contractor's Custody 39
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8. Lease or Rental Agreements 39
9. Statement of Other Contracts 39
10. Miscellaneous Fiscal Terms and Conditions 39
a. Limit of County's Obligations 39
b. Duplicate Payment from Other Sources 39
c. Funding Identification 39
d. Outside Funding for Non-County Funded Activities 40
e. Potential Revenue 40
f. Payments Contingent upon State/Federal Funding 40
g. Denial of Aid 40
h. Budget 40
i. Payment of Claims 40
j. Payments Limited to Actual Net Expenditures 40
k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 41
1. Salaries 41
m. Salary Increases 41
n. Contractor Vacancies 41
o. No Limitation On Rights 41
p. Comptroller's Rules and Regulations 41
Article VI 42
Budget
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Article I
Description of Services
Town of Southold
Nutrition Program for the Elderly
Whereas,the County issued a Request for Qualifications ("RFQ") on July 28, 2011; and
Whereas,the Contractor submitted a proposal in response to such RFQ; and
Whereas,the County has selected the Contractor to provide the services as set forth herein;
Now Therefore,in consideration of the mutual provisions and covenants hereafter set forth,the parties hereto
agree as follows:
1. Conflicting Provisions
In the event of any conflict between any provision in this Article I and an exhibit to this Contract,the
exhibit shall prevail unless it is expressly stated in the conflicting provision in this Article I,that it shall
prevail over the exhibit.
2. General Description of Services
The Contractor shall provide a Nutrition Program for the Elderly to improve, maintain or delay the
decline in the nutritional status of persons sixty(60)years of age and older and help them to remain
independent in their own homes and communities, as more specifically detailed in Contractor's
Response to RFQ No. 001/2011/MVK and associated addendum on file in the Department and which are
incorporated herein as if the same were repeated herein in full.
3. Adherence to Regulations
a. The Contractor must comply with the regulations and statutes applicable to the conduct of the
Nutrition Program for the Elderly contained in Title III of the Federal Older Americans Act(42
U.S.C.A. §3030e et seq.) as required by the United States Department of Health and Human
Services, its Administration on Aging,the New York State Office for the Aging, and Aging;
and/or New York Executive Law Article 19-J, 9 NYCRR Section 6654.10 and Section 6654.11.
b. The Contractor 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).
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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.
001/2011/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. If the Contractor
enters into subcontracts for the performance of work pursuant to this contract,the Contractor shall take
full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall
impair the rights of Suffolk County Office for the Aging under this contract or the Area Agency Plan as
approved by New York State Office for the Aging. It shall be the responsibility of the Contractor to
monitor and assess the activities performed under such subcontracts, and to ensure that these activities
are provided in accordance with all applicable requirements contained in this contract and federal and
state law.
5. Applicable to All Programs
a. In general, but without limitation,the Contractor shall be required to meet the criteria listed
below:
i. There is no means test for services funded under this program. The term"means test' is
defined as an eligibility determination for a program or services based upon an
individual's or family's income and or assets.
ii. Each meal 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 entrée 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.
iii. The Contractor's preparation site where the food is prepared,processed, and/or packaged
must meet Suffolk County Department of Health Services and/or State Department of
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Line Item/–Nutrition Program for the Elderly
Health regulations. Consistent with these regulations, all food handlers who prepare or
work with food must have a Food Manager's Certificate. Periodic physical examinations
may be required. Further,the Contractor shall assure that such employees observe good
habits of personal hygiene. The Contractor must provide the Department with a copy of
the most recent Suffolk County Department of Health Services Food Establishment
Inspection Report, and any subsequent reports issued during the term of the Contract.
The Contractor must provide evidence that any violations cited on said report have been
corrected and that the preparation site remains in compliance with Suffolk County
Department of Health Services and/or State Department of Health regulations.
iv. The nutrition site shall be open as stated on the Summary Sheet,which is attached and
made part of this Contract; fully staffed, during regular business hours based on local
need and available funding. Holiday schedules are to be posted one month in advance at
the nutrition site. The Contractor shall submit copies of all holiday schedules and staff
vacations to the Department.
v. The Contractor shall cooperate with and accept direction from the Department's staff.
vi. All nutrition programs which cook on site must hold a complete sample of each day's
meal(s), including all components except milk and bread, in the refrigerator for five(5)
days for testing purposes. All nutrition programs which serve catered meals must hold a
complete sample of each day's meal(s), including all components except milk and bread,
if possible, or hold three (3)tablespoons of each meal component, in the refrigerator for
five (5) days for testing purposes.
vii. All congregate sites will develop and maintain emergency plans for weather and
evacuation. A copy of the plan will be submitted to the Department at least annually and
in the event of modifications to the plans.
viii. The County will not reimburse for meals ordered by the Contractor from a caterer who is
directly paid by the County in instances where those meals are not served or verified as
eligible. The cost of those unserved meals will be deducted from the Contractor's
voucher for the month in which they were ordered but not served or verified.
b. Specifications for Congregate Meal Programs
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. The standardized National Aging Program
Information System(NAPIS) Client Registration Form(see also Policy&Procedure
Manual) or New York State (NYS) Short form must be completed for all participants
annually, or more frequently if the client's circumstances change.
ii. The Contractor must provide participant transportation as needed and supportive services
as appropriate to the needs and abilities of each participant. Supportive services include
nutrition education, information and referral,outreach, public information,recreation,
shopping assistance, socialization and volunteer activities. Nutrition education and
training must include speakers and/or presentations. Flyers and hand-outs by themselves
are not considered nutrition education.
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Line Item/–Nutrition Program for the Elderly
iii. When viewed as a whole,transportation services must be accessible to people with
disabilities as required by the Americans with Disabilities Act of 1990 (P.L. 101-336)and
the regulations thereunder(49 CFR part 37).
iv. The Contractor must abide by standards set forth under both Section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (P.L. 101-
336) and the regulations thereunder(28 CFR Parts 35 and 36) which require that all
programs and facilities (buildings, restrooms, etc.)must be accessible to the handicapped.
v. The site manager shall work closely with the Department's staff and other local agency
staff to provide a full array of supportive services for participants.
c. Specifications for Home-Delivered Meal Programs
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 meet the
eligibility criteria. A care plan shall be developed within six(6) working days of the
completion of the assessment.
• Applicant must be physically and/or mentally unable to prepare or provide for his/her
own nutritional needs, and be unable to attend a congregate nutrition site, and have no
alternatives through which his/her nutritional needs can be met without hospitalization or
institutionalization.
• Applicant must be sixty(60) or over, or a resident spouse of a participant who is eligible
and is receiving home-delivered meals.
• Applicant must reside in the County of Suffolk and within established or proposed
delivery area served by the Nutrition Site.
• Applicant must live alone or with a spouse or resident who is unable to provide
nutritionally adequate meals for the applicant.
• Applicant must have no family, or other persons, in the immediate area who are capable
and willing to provide nutritionally adequate meals for the applicant.
• Applicant must be able to accept responsibility for consumption of home-delivered meals
according to the instructions established by the Home Delivered Meal Program.
Each client receiving home-delivered meals must be reassessed at appropriate intervals
based on each client's situation, but in no instance less frequently than at least once in
each(12)twelve-month period. The Contractor will also make a(6) six-month contact in
the form of a home visit or a telephone call.
ii. Once eligibility has been determined an assessment for the client MUST be completed
prior to meal(s) served. In emergency situations, a meal may be served prior to the
completed assessment with approval from 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.
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Line Item/–Nutrition Program for the Elderly
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.
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
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Line Item/–Nutrition Program for the Elderly
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 older adults who are: low income, low income
minorities, individuals with limited English proficiency,rural residents,Native Americans,
institutionalized or those at risk for institutionalization, individuals with Alzheimer's and related
disorders, individuals with disabilities, caregivers of individuals with Alzheimer's related
disorders and individuals with disabilities,minorities, frail, vulnerable, LGBT and homebound,
in accordance with their need for such services and to meet the specific objectives established by
the Department within the PSA, (OAA §305 (a)(2)(E)). The term"greatest economic need" is
defined as the need resulting from an income at or below the poverty levels as established
annually by the U.S. Office of Management and Budget. The term "greatest social need" refers to
the need caused by non-economic factors which include physical and mental disabilities,
language barriers and cultural, social or geographical isolation including isolation caused by
racial or ethnic status that restricts an individual's ability to perform normal daily tasks or
threatens the capacity of the individual to live independently(OAA §102 (23 and 24)).
b. The Contractor agrees to concentrate the services on older adults in the targeted populations
identified by the Department following the methods the Department has established for
complying with the targeting requirements under the OAA and the Equal Access and Targeting
Policy issued by the New York State Office for the Aging. Consistent with the OAA and NYS
applicable regulations, including the following laws: the Older Americans Act(OAA), Title III of
the Code of Federal Regulations, 45 CFR 1321; the NYS Elder Law and relevant NYS
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
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arrival in the United States. People who identify their origin as Hispanic, Latino,
or Spanish may be any race.
c) Asian-refers to a person having origins in any of the original peoples of the Far
East, Southeast Asia, or the Indian subcontinent, including, but not limited to,
Cambodia, China, India,Japan,Korea, Malaysia, Pakistan,the Philippine Islands,
Thailand, and Vietnam.
d) American Indian or Alaska Native-refers to a person having origins in any of the
original peoples of North and South America(including Central America) and
who maintains tribal affiliation or community attachment. This category includes
people who indicated their race(s) as "American Indian or Alaska Native" or
reported their enrolled or principal tribe, such as Navajo, Blackfeet, Inupiat,
Yup'ik, and/or Central American or South American Indian groups.
e) Native Hawaiian or Other Pacific Islander-refers to a person having origins in
any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
f) Other Race or Two (2) or More Races -this category includes persons who self-
identify as multiracial,mixed, interracial, or a racial category other than white, not
included in the descriptions above.
ii. Low–Income-Persons with incomes at or below 100% (150% for WIN) of the poverty
level.
iii. Frail–Persons with one or more functional deficits in the following areas:
a. Physical functions;
b. Mental functions;
c. Activities of daily living(eating, bed/chair transfer, dressing,bathing,toiletry and
continence); and/or,
d. Instrumental activities of daily living(meal preparation,housekeeping, shopping,
medications,telephone,travel, and money management).
Disabled–Any person who has a physical or mental impairment which substantially
limits one or more major life activities,has a record of such impairment, or is regarded as
having such 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:
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;
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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 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.
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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 (1)
meal. For Nutrition Education, each participant of a group or individual session receives one(1)
unit of service.' For Transportation, one (1)unit of service is each one way trip per person.
b. The following forms and reports are required by the County to meet the standards of the
Nutrition program:
i. Monthly'Program Reports
Copies of the participant daily sign-in sheets must be received in the Department by the
eighth(8th) day following month's end.
The units of service/unduplicated count report, including targeting results, is due the
eighth(8th) day following month's end.
The activity report is due one (1) week prior to the month reported.
Menu forms are due four(4)weeks prior to the serving cycle.
ii. Monthly Fiscal Reports
Suffolk County Office for the Aging Forms NPAG 2 (congregate),NPAG 3 (home-
delivered),NPAG 4 and NPAG 5 are due the eighth(8th) day following month's end.
NPAG 4 and 5 are to be signed in ink by the site manager where indicated. The forms
listed above are found in the Policy and Procedure Manual(see Appendices).
iii. Demographics
The Contractor must at a minimum determine and maintain the following specific type of
demographic information for each individual receiving services:
• Name.
• Sex.
• Age.
• Disabled/Frail.
• Vulnerable.
• Lives Alone.
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• Low Income–The need resulting from an income level at or below the poverty
threshold, as established by the Bureau of the Census, and updated annually as
follows:
Size of Family Unit 100 % of Poverty Threshold 150% of Poverty Threshold 185% of Poverty Threshold
1 $11,770/year $17,655/year $21,774.50/year
2 $15,930/year $23,895/year $29,470.50/year
• Minority.
• Low Income Minority–Those minority persons whose income is at or below the
poverty threshold.
c. Electronic Reporting
i. The Contractor shall maintain electronic records on all program participants using the
most currently approved form provided by the Department and compliant with State and
Federal reporting requirements. Data for all participants must be updated monthly.
ii. In order to comply with electronic reporting requirements,the Contractor must have
adequate computer equipment and software available to support the approved form.
iii. NAPIS required registration must be completed for all congregate and home-delivered
meal participants. The congregate NY Short Form or NAPIS Client Registration Form
and home delivered NY Comprehensive AFM form or subsequent approved assessment
tool(s)must be entered electronically in SAMS 3 or in subsequent County approved
computer systems. All participant data must be entered completely by the twelfth(12th)
of each month for the previous month's data.
iv. Home-delivered meal participants must have eligibility determined
1)prior to the delivery of service using the NAPIS required NY Comprehensive AFM
form or subsequent approved assessment tool, or
2) in cases where there is a documented emergency; the assessment must be done within
five (5) working days of service delivery. The Contractor shall contact the Department's
Nutrition Unit of any occurrence whereby the assessment is not completed under 1) or 2)
above. Each participant receiving home-delivered meals must be reassessed at
appropriate intervals based on each participant's situation,but in no instance less
frequently than at least once in each(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(12th)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,
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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.
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
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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. Priceof the meal for guests must be posted.
iii. The above two amounts are to be posted near the locked box.
d. For home-delivered meal participants,the Contractor must provide envelopes for the suggested
meal donations of the participants in order to protect the confidentiality of the program
participants' identities and.the amount which they contribute.
e. The Contractor must encourage individuals with self-declared incomes at or above 185%of the
federal poverty guideline to contribute at levels based on the actual cost of services.
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
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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
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GENERAL FOOD SPECIFICATIONS
FOOD SPECIFICATIONS FOR CYCLE MENUS
Meat or Alternate
Meats-USDA Choice or Better
Preservatives,tenderisers, 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
'A 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
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Law No. 16–AG ' IFMS No. 000000007395
Rev. 1/14/16 - 001-6790/6797/6774/6777-4980, 6776-3330-95230
Line Item/–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
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KAREN MCLAUGHLIN 1° Nutrition Program
Town Director of Human ,t Home'�� Home Delivered Meals
Services �� �® - v. Case Management
Town of ' , 6, .
S • :;xt Essential Transportation
P.O.Box 85
® = ; Senior Adult Day
` =
750 Pacific Street . = ;r CarelKatinka House
Mattituck,NY 11952 '' _' r ° �i Alzheimer's Day Care
Tel.(631)298-4460 ; 41 �r�, �� Telephone Reassurance
Fax(631)298-4462 = `t Residential Repair
,,,,
SOUTHOLD TOWN HUMAN SERVICES
Program Narrative 2016
Nutrition Programs for the Elderly
III-C-1 Congregate Nutrition
III-C-2 Home Delivered Meals
Program Summary and Income Projections:
Southold Town Senior Services marked its 41st anniversary in 2015.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 2015 year-to-date (1/1/2015-11/30/2015),the Town of Southold
provided 10,535 meals to seniors in our Congregate Dining Program and delivered 23,404 meals
to the homebound elderly. While 2015 service delivery for congregate nutrition and home,
delivered meals were slightly below projections,I would request we continue with our current
service delivery plan for 2016 (57 units per day for congregate meals and 112 for home
delivered meals) as we experienced several weather related closings in early 2015.We are also
in the process of developing a preliminary plan for providing home delivered meals to eligible
seniors on Fishers Island in 2016 and will provide SCOFA with a written plan for approval once
all components are compiled. Given Fishers Island's distance from the mainland,we are looking
at several meals providers and their product quality,delivery options and cost.We are also
developinga staffing plan for completing SAM's assessments and required daily contact and
are fortunate to have a part-time Senior Citizen Aide on the island who can assist as necessary.
Given the long trip,we have available overnight accommodations for Assessors as needed to
complete their work without the added challenge of time and travel restrictions.
Our program staff continues to work diligently with our homebound clients and their
families to promote the transition to the congregate dining program once they are no longer
eligible for the home delivered meals program.For 2016,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.Our average per meal voluntary contribution rate for 2015 is @73 %(
congregate) and 58 %(home delivered)based on the suggested$4.00 rate.To insure we
continue to provide a high quality service to seniors,yearly food satisfaction surveys are
completed and a suggestion box is located at the site,there is an open door policy at the Town
of Southold Dining program.
The Senior Center Program 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.For 2015 we are averaging approximately 19
senior participants,which represents a slight decrease from 2014(no service in July/August).While our
service is currently approved by the SCDOH for a staffed vending operation,we have made the necessary
structural kitchen changes with the intent of transitioning a full service operation.Based on the current
rate of utilization,we propose to continue with a staffed vending model for 2016.In 2015 we continued to
offer 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 2015 to date,we served 6.3%minority elderly in our Congregate Dining Program and 3.5%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,
Linda Ruland,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 2015,we continued our collaboration 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 freshproduce 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 Reinen,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 free access to the most vulnerable elderly,particularly those with limited
English proficiency.Signage is posted at all entrances to our facility informing all participants in
several languages that this free service is available to all. All program staff have been trained on the use
of the language translation and interpretation services.We have provided information on the Town's
website and have posted the service at the entrance of our facility.We are currently in contract with
Propio Language Services for telephonic interpretation and document translation services through
December of 2016.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.In 2015, Southold Senior Center became an enrollment
site for the Aged,Blind and Disabled(ABD)program in partnership with the Nassau-Suffolk Hospital
Council, a certified navigator agency for the New York State of Health Marketplace. The New York
State grant-funded ABD program can assist anyone who falls into one of three categories;certified blind,
certified disabled or 65 years of age and older with access to Medicaid and/or Medicare coverage.
Through Community Development Grant funding in 2016,the Town is initiating a portable ramp
lending program to assist seniors in accessing their homes after temporary illness or injury. The Town
also assists income eligible seniors with necessary modifications through the home repair program funded
with community development block grant funds. Our Residential Repair Program is 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-Radio/92.1FM.
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 and provide round trip transportation to any interested
senior. Southold Town's website @southoldtown.northfork.net posts all Senior Center menus and
activities weekly along with 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 2015/16 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 maintains a data base for all seniors
registered by Senior Services and 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 Town's 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. When 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 bad 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 Superstorm Sandy and the subsequent nor'easters in 2013
and 2015, 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. Given our experience with these more 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 along.Jean DeLorme,Adult Day Supervisor,provides outreach
and assistance as needed for clients with Alzheimer's disease/related disorders and their family caregivers
through both regular interaction at our Social Model Adult Day Care Program and the regularly scheduled
monthly Caregivers' Support Group. 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 2015, 149 in home assessments and 121 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.
"- _ _.,..„ _ ____ •_ _
SERVICE
FREE OF CHARGE
, .
. . .
IF YOU NEED AN INTERPRETER, PLEASE POINT TO YOUR LANGUAGE
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. . .
SUMMARY - FOR HOME-DELIVERED NUTRITION PROGRAMS 2016
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 )
I CONGREGATE CATERED X COOK ON SITE
57 Number of meals to be served each day- Home-Delivered
5 Number of days per week for program
6AM Circle days of program �0
5PM Hours of operation each day - Peconic Center 2nd & 4t Thursday
of each month (excluding July and
$4 . 00 Suggested contribution amount August)
Location for home delivered site: Southold Town Human Resource Center
750 Pacific St . , Mattituck , NY 11952 and a satelite program at '
the Peconic Recreation Center , 970 Peconic La. , Peconic, NY 11958
2 days monthly _
Location of program administration if different from home delivered 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 preapred at our location in Mattituck and transported in
single-serve sealed containers at 11 : 30 am and served immediately
around noon.
OFFICE USE ONLY:
Revised 11/13/15
SUMMARY SHEET 2016
•
SUMMARY - FOR HOME-DELIVERED NUTRITION PROGRAMS 2016
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 ) .
X HOME-DELIVERED CATERED X COOK ON SITE
112 Number of meals to be served each day— Home-Delivered
5 Number of days per week for program
6 AM Circle days of program 0 C1) 6AD 0 F
5 PM Hours of operation each day
$4 .00 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 11/13/15
SUMMARY SHEET 2016
Law No. 16–AG IFMS No.000000007395
Rev. 1/14/16 001-6790/6797/6774/6777-4980,6776-3330-95230
" Line Item/–Nutrition Program for the Elderly
Attachment
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(12th) 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. Staffmg
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
20 of 42 pages
ARTICLE I
Southold 2016
Law No. 16—AG IFMS No. 000000007395
Rev. 1/14/16 001-6790/6797/6774/6777-4980, 6776-3330-95230
Line Item/—Nutrition Program for the Elderly
Article IA
Grievance Procedures
1. Purpose
In accordance with§306(a)(6)(P)of the Older Americans Act,as amended(OAA),the Suffolk County Office for the
Aging has established a process for resolving complaints from older persons who are dissatisfied with or denied
services funded under Title III of the Act.
2. Notifying Participants of the Right to File a Grievance
a. The Contractor shall inform all participants in the program of the right to file a grievance. A summary of the
procedures,including a statement that assistance to file shall be provided to older persons,must be prominently
posted at service delivery sites or offices at which participants and service applicants apply for services.
Summaries must be in a format approved by The Department and shall also be written in languages other than
English where required to serve the client/applicant population. Service participants shall be informed of the
grievance procedures through written and verbal statements provided to them upon assessment and/or
reassessment for services.
b. A participant or applicant who is denied Title III services by the Contractor and the Department program
monitor must be given the reasons for the denial. The denial shall be confirmed in writing and the applicant
informed of the right to file a grievance and to whom the grievance shall be addressed. For services which are
applied for by telephone or verbally,in person,the client may be told of the right to file a grievance verbally.
3. Grievance Process
a. Filing of grievances must follow the following process:
i. Participants must submit their grievances in writing to the Department's Program Administrator.
ii. The grievance should be filed within thirty(30)days of denial,reduction or termination of services,or
of the event or circumstances with which the participant is dissatisfied. The Department's Program
Administrator may grant an extension for good cause shown.
iii. The grievance should be filed on the form approved by the Department,which shall include a written
statement setting forth in detail the date,time and circumstances that are the basis of the complaint.
b. Investigation and Response to Grievance:
i. The designated reviewer who performs the initial review shall investigate the grievance,including,as
appropriate,meeting with the grievant and other persons involved in the action(s)complained of or in
the denial of services.
ii. The reviewer shall review all pertinent facts and/or documents, and shall determine whether the
agency action was made in accordance with lawful procedures (that is, consistent with applicable
OAA and or State laws,regulations and policies)and supported by the facts.
iii. The designated reviewer shall prepare and send a written response to the grievant and to the
Department's Director within fifteen(15)days after the grievance is filed. The response shall set forth
the circumstances relating to the grievance,the action requested by the grievant,the findings of the
reviewer,a proposed remedial action,if any,and reason(s)for and facts relied on in the determination.
21 of 42 pages
ARTICLE I
Southold 2016
Law No. 16—AG IFMS No. 000000007395
Rev. 1/14/16 001-6790/6797/6774/6777-4980,6776-3330-95230
" Line Item/—Nutrition Program for the Elderly
c. Appeal of Initial Response/Decision:
i. The grievant may initiate a request for subsequent review by the Department's Director within twenty
(20)calendar days following receipt of notification by the Program Administrator of the decision.
ii. The Department's Director shall request copies of the initial file on the complaint in question. The
Department's Director will review the materials to ensure that pertinent policies and procedures have
been applied and followed. If appropriate,the Department'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,the Department's Director will not overturn the
decision of the Program Administrator. If proper policies and procedures have not been applied,the
Department 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
The Department 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 the Department or the service provider aging;any documents or other records
submitted by any party;the written Initial Response of the agency,and,if applicable,the notice to the grievant of the right to
an appeal.
5. Confidentiality
No information,documents or other records relating to a grievance shall be disclosed by program staff or volunteers in
a form that identifies the grievant without the written informed consent of the grievant,unless the disclosure is required
by court order or for program monitoring by authorized agencies.
End of Text for Article I
22 of 42 pages
ARTICLE I
Southold 2016
Law No. 16–AG IFMS No. 000000007395
Rev. 1/14/16 001-6790/6797/6774/6777-4980,6776-3330-95230
Line Item/–Nutrition Program for the Elderly
Article H process;or
Definitions
d. the Contractor's failure to comply with any
1. Meanings of Terms Federal,State or local law,rule,or regulation,
and County policies or directives;or
As used herein:
e. the Contractor's bankruptcy or insolvency;or
"Audit of Financial Statements"means the examination by
the Comptroller and any Federal or State auditing authority of f. the Contractor's failure to cooperate in an Audit
the financial statements of the Contractor resulting in the of Financial Statements;or
publication of an independent opinion on whether or not those
financial statements are relevant,accurate,complete,and fairly g. the Contractor's falsification of records or
presented. reports,misuse of funds,or malfeasance or
nonfeasance in financial record keeping arising
"Budget"means the Contractor's summary or plan of all out of,or in connection with,any contract with
intended revenue,whether received in the form of fees,grants, the County;or
County funding,or any other source,and expenditures necessary to
render the Services. h. the Contractor's failure to submit,or failure to
timely submit,documentation to obtain Federal
"Budget Deficiency Plan"means an analysis of the cost of the or State funds;or
Services,changes in fiscal conditions,and required modifications to
the Contract to continue to render the Services. i, the inability of the County or the Contractor to
obtain Federal or State funds due to any act or
"Comptroller"means the Comptroller of the County of Suffolk. omission of the Contractor;or
"Contract"means all terms and conditions of this Contract forming j. any condition that the County determines,in its
all rights and obligations of the Contractor and the County. sole discretion,is dangerous.
"Contractor"means the signatory corporation,its officers,officials, "Federal"means the United States government,its departments,and
employees,agents,servants,sub-contractors,and any successor or agencies.
assign of any one or more of the foregoing performing the Services.
"Fringe Benefits"means non-wage benefits which accompany,or
"County"means the County of Suffolk,its departments,and are in addition to,a person's salary,such as paid insurance,sick
agencies. leave,profit-sharing plans,paid holidays,and vacations.
"County Attorney"means the County Attorney of the County of "Fund Source"means any direct or indirect sum payable to the
Suffolk. Contractor by the County pursuant to any lawful obligation.
"Department"means the signatory department approving the "Legislature"means the Legislature of the County of Suffolk.
Contract.
"Management Letter"means a letter certified as true by the
"Engineering Services"means the definition of the practice of Contractor's certified public accountant or chief financial officer of
engineering and the definition of practice of land surveying,as the findings and recommendations for improvements in internal fiscal
case may be,under Section 7201 and Section 7203 of the State control that were identified during an Audit of Financial Statements,
Education Law,respectively. but which were not required to be included in an audit report.
"Event of Default"means "Municipal Corporation"means a town,village,or school district.
a. the Contractor's failure to perform any duty
required of it under paragraphs 1(b)-(e)of "Services"means all that which the Contractor must do,and any part
Article III of the Contract;or thereof arising out of,or in connection with,the Contract as
described in Article I"Description of Services."
b. the Contractor's failure to maintain the amount
and types of insurance with an authorized insurer "State"means the State of New York.
as required by the Contract;or
"Statement of Other Contracts"means a complete list of all other
c. the Contractor's failure to maintain insurance contracts under which money has been or will be paid to the
required by the Contract with an insurer that has Contractor from the County,Federal,or State governments,or a
designated the New York Superintendent of Municipal Corporation,and(i)which are currently in effect or(ii)
Insurance as its lawful agent for service of which have expired within the past twelve(12)months and have not
been renewed.
23 of 42 pages
ARTICLE II
•
-
Law No. 16–AG IFMS No. 000000007395
Rev. 1/14/16001-6790/6797/6774/6777-4980, 6776-3330-95230
Line Item/–Nutrition Program for the Elderly
"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.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms,associations,
partnerships(including limited partnerships),trusts,corporations,
and other legal entities,including public bodies,as well as natural
persons,and shall include successors and assigns.
Capitalized terms used,but not otherwise defined,herein,shall have
the meanings assigned to them in the Contract.
End of Text for Article II
24 of 42 pages
ARTICLE II
•
Law No. 16–AG IFMS No. 000000007395
Rev. 1/14/16 001-6790/6797/6774/6777-4980,6776-3330-95230
- Line Item/–Nutrition Program for the Elderly
Article III of termination of such license. Without limiting
General Terms and Conditions the generality of the foregoing,if any part of the
Contract remains to be performed,and the
1. Contractor Responsibilities termination of the license does not affect the
Contractor's ability to render the Services,every
a. Duties and Obligations other term and provision of the Contract shall be
valid and enforceable to the fullest extent
i.) It shall be the duty of the Contractor to permitted by law.
discharge,or cause to be discharged,all of its d. Documentation of Professional Standards
responsibilities,and to administer funds received
in the interest of the County in accordance with The Contractor shall maintain on file,in one location in
the provisions of the Contract. Suffolk County,all records that demonstrate that it has
complied with sub-paragraphs(b)and(c)above. The
ii.) The Contractor shall promptly take all address of the location of the aforesaid records and
action as may be necessary to render the Services. documents shall be provided to the County no later than the
date of execution of the Contract. Such documentation
iii.) The Contractor shall not take any shall be kept,maintained,and available for inspection by
action that is inconsistent with the provisions of the County upon twenty-four(24)hours notice.
the Contract.
e. Credentialing
iv.) Services provided under this Contract
shall be open to all residents of the County. i.) In the event that the Department,or any
division thereof,maintains a credentialing
b. Qualifications,Licenses,and Professional process to qualify the Contractor to render the
Standards Services,the Contractor shall complete the
required credentialing process. In the event that
The Contractor represents and warrants that it has,and
any State credential,registration,certification or
shall continuously possess,during the Term,the required license,Drug Enforcement Agency registration,
licensing,education,knowledge,experience,and character or Medicare or Medicaid certification is
necessary to qualify it to render the Services. restricted,suspended,or temporarily or
permanently revoked,it is the duty of the
The Contractor shall continuously have during the Term all Contractor to contact the Department,or division
required authorizations,certificates,certifications, thereof,as the case may be,in writing,no later
registrations,licenses,permits,and other approvals than three(3)days after such restriction,
required by Federal,State,County,or local authorities suspension,or revocation.
necessary to qualify it to render the Services.
ii.) The Contractor shall forward to the
c. Notifications Department,or division thereof,as the case may
i.) The Contractor shall immediately be,on or before July 1 of each year during the
notifythe County, Term,a complete list of the names and addresses
ty,in writing,of any disciplinary of all persons providing the Services,as well as
proceedings,commenced or pending,with any their respective areas of certification,
authority relating to a license held by any person
credentialing,registration,and licensing.
necessary to qualify him,her,or the Contractor to
perform the Services. f. Engineering Certificate
ii.) In the event that a person is no longer In the event that the Contract requires any Engineering
licensed to perform the Services,the Contractor Services,the Contractor shall submit to the County,no
must immediately notify the County,but in no later than the due date for submission for approval of any
event shall such notification be later than five(5) engineering work product,the Certificate of Authorization
days after a license holder has lost the license ("Certificate"),issued pursuant to§7210 of the New York
required to qualify the license holder or the Education Law,of every person performing any
Contractor to perform the Services. Engineering Services. The failure to file,submit,or
maintain the Certificate shall be grounds for rejection of
iii.) In the event that the Contractor is not any engineering work product submitted for approval.
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
25 of 42 pages
ARTICLE III
•
Law No. 16,-AG IFMS No. 000000007395
Rev. 1/14/16 001-6790/6797/6774/6777-4980,6776-3330-95230
Line Item/–Nutrition Program for the Elderly
2. Termination harmless the County,its agents,servants,officials,and
employees from and against all liabilities,fines,penalties,
a. Thirty Days Termination actions,damages,claims,demands,judgments,losses,suits
or actions,costs,and expenses caused by the negligence or
The County shall have the right to terminate the Contract any acts or omissions of the Contractor,including
without cause,for any reason,at any time,upon such terms reimbursement of the cost of reasonable attorneys'fees
and conditions it deems appropriate,provided,however, incurred by the County,its agents,servants,officials,and
that no such termination shall be effective unless the employees in any action or proceeding arising out of,or in
Contractor is given at least thirty(30)days notice. connection with,the Contract.
b. Event of Default;Termination on Notice b. The Contractor hereby represents and warrants
that it will not infringe upon any copyright in performing
i.) The County may immediately terminate the Services.The Contractor agrees that it shall protect,
the Contract,for cause,upon such terms and indemnify,and hold harmless the County,its agents,
conditions it deems appropriate,in the Event of servants,officials,and employees from and against all
Default. liabilities,fines,penalties,actions,damages,claims,
demands,judgments,losses,suits or actions,costs,and
ii.) If the Contractor defaults under any expenses arising out of any claim asserted for infringement
other provision of the Contract,the County may of copyright,including reimbursement of the cost of
terminate the Contract,on not less than five(5) reasonable attorneys'fees incurred by the County,its
days notice,upon such terms and conditions it agents,servants,officials,and employees in any action or
deems appropriate. proceeding arising out of or in connection with any claim
asserted for infringement of copyright.
c. Termination Notice
c. The Contractor shall defend the County,its
Any notice providing for termination shall be delivered as agents,servants,officials,and employees in any proceeding
provided for in paragraph 27 of this Article III. or action,including appeals,arising out of,or in
connection with,the Contract,and any copyright
d. Duties upon Termination infringement proceeding or action.Alternatively,at the
County's option,the County may defend any such
i.) The Contractor shall discontinue the proceeding or action and require the Contractor to pay
Services as directed in the termination notice. reasonable attorneys'fees or salary costs of County
employees of the Department of Law for the defense of any
ii.) Subject to any defenses available to it, - such suit.
the County shall pay the Contractor for the
Services rendered through the date of 4. Insurance
termination.
a. The Contractor shall continuously maintain,
iii.) The County is released from any and all during the Term of the Contract,insurance in amounts and
liability under the Contract,effective as of the types as follows:
date of the termination notice.
iv.) Upon termination,the Contractor shall i.) Commercial General Liability
reimburse the County the balance of any funds insurance,including contractual liability
advanced to the Contractor by the County no coverage,in an amount not less than Two Million
later than thirty(30)days after termination of the Dollars($2,000,000.00)per occurrence for
Contract. The provisions of this subparagraph bodily injury and Two Million Dollars
shall survive the expiration or termination of the ($2,000,000.00)per occurrence for property
Contract. damage. The County shall be named an
additional insured.
v.) Nothing contained in this paragraph
shall be construed as a limitation on the County's ii.) Automobile Liability insurance(if any
rights set forth in paragraphs 1(c)(iii)and 8 of non-owned or owned vehicles are used by the
this Article III. Contractor in the performance of the Contract)in
an amount not less than Five Hundred Thousand
3. Indemnification and Defense Dollars($500,000.00)per person,per accident,
for bodily injury and not less than One Hundred
a. The Contractor shall protect,indemnify,and hold Thousand Dollars($100,000.00)for property
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damage per occurrence.The County shall be evidence of insurance,the County may provide the
named an additional insured. insurance required in such manner as the County deems
appropriate and deduct the cost thereof from a Fund
iii.) Workers'Compensation and Source.
Employer's Liability insurance in compliance
with all applicable New York State laws and h. If the Contractor is a Municipal Corporation and
regulations and Disability Benefits insurance,if has a self-insurance program under which it acts as a self-
required by law. The Contractor shall furnish to insurer for any of such required coverage,the Contractor
the County,prior to its execution of the Contract, shall provide proof,acceptable to the County,of self-
the documentation required by the State of New funded coverage.
York Workers'Compensation Board of coverage 5. Independent Contractor
or exemption from coverage pursuant to§§57
and 220 of the Workers'Compensation Law. In The Contractor is not,and shall never be,considered an
accordance with General Municipal Law§108, employee of the County for any purpose. Notwithstanding
the Contract shall be void and of no effect unless anything contained in this Contract,the Contract shall not
the Contractor shall provide and maintain be construed as creating a principal-agent relationship
coverage during the Term for the benefit of such between the County and the Contractor or the Contractor
employees as are required to be covered by the and the County,as the case may be.
provisions of the Workers'Compensation Law.
iv.) Professional Liability insurance in an 6. Severability
amount not less than Two Million Dollars
($2,000,000.00)on either a per-occurrence or It is expressly agreed that if any term or provision of this
claims-made coverage basis. Contract,or the application thereof to any person or
circumstance,shall be held invalid or unenforceable to any
b. The County may mandate an increase in the extent,the remainder of the Contract,or the application of
liability limits set forth in the immediately preceding such term or provision to persons or circumstances other
paragraphs se(a(i),(ii),and(iv). than those as to which it is held invalid or unenforceable,
(4shall not be affected thereby,and every other term and
c. All policies providing such coverage shall be provision of the Contract shall be valid and shall be
issued by insurance companies authorized to do business in enforced to the fullest extent permitted by law.
New York with an A.M.Best rating of A-or better.
7. Merger;No Oral Changes
d. The Contractor shall furnish to the County,prior
to the execution of the Contract,declaration pages for each It is expressly agreed that the Contract represents the entire
policy of insurance,other than a policy for commercial agreement of the parties and that all previous
general liability insurance,and upon demand,a true and understandings are herein merged in the Contract. No
certified original copy of each such policy evidencing modification of the Contract shall be valid unless in written
compliance with the aforesaid insurance requirements. form and executed by both parties.
e. In the case of commercial general liability 8. Set-Off Rights
insurance and business use automobile insurance,the 1
Contractor shall furnish to the County,prior to the The County shall have all of its common law,equitable,
execution of the Contract,a declaration page or insuring and statutory rights of set-off. These rights shall include,
agreement and endorsement page evidencing the County's but not be limited to,the County's option to withhold from
status as an additional insured on said policy,and upon a Fund Source an amount no greater than any sum due and
demand,a true and certified original copy of such policy owing to the County for any reason. The County shall
evidencing compliance with the aforesaid insurance exercise its set-off rights subject to approval by the County
requirements. Attorney. In cases of set-off pursuant to a Comptroller's
audit,the County shall only exercise such right after the
f. All evidence of insurance shall provide for the finalization thereof,and only after consultation with the
County to be notified in writing thirty(30)days prior to County Attorney.
any cancellation,nonrenewal,or material change in the _
policy to which such evidence relates. It shall be the duty 9. Non-Discrimination in Services
of the Contractor to notify the County immediately of any
cancellation,nonrenewal,or material change in any
a. The Contractor shall not,on the grounds of race,
insurance policy. creed,color,national origin,sex,age,disability,sexual
g. In the event the Contractor shall fail to provide
orientation,military status,or marital status
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designated in the Supreme Court,Suffolk County,the
i.) deny any individual the Services United States District Court for the Eastern District of New
provided pursuant to the Contract;or York,or,if appropriate,a court of inferior jurisdiction in
ii.) provide the Services to an individual Suffolk County.
that is different,or provided in a
different manner,from those provided 12. No Waiver
to others pursuant to the Contract;or
iii.) subject an individual to segregation or It shall not be construed that any failure or forbearance of
separate treatment in any matter related the County to enforce any provision of the Contract in any
to the individual's receipt of the particular instance or instances is a waiver of that
Services provided pursuant to the provision. Such provision shall otherwise remain in full
Contract;or force and effect,notwithstanding any such failure or
iv.) restrict an individual in any way from forbearance.
any advantage or privilege enjoyed by
others receiving the Services provided
pursuant to the Contract;or
treat an individual differently from 13. Conflicts of Interest
others in determining whether or not
the individual satisfies any eligibility or The Contractor shall not,during the Term,pursue a course
other requirements or conditions which of conduct which would cause a reasonable person to
individuals must meet in order to believe that he or she is likely to be engaged in acts that
receive the Services provided pursuant create a substantial conflict between its obligations under
to the Contract. the Contract and its private interests. The Contractor is
charged with the duty to disclose to the County the
b. The Contractor shall not utilize criteria or existence of any such adverse interests,whether existing or
methods of administration which have the effect of potential. This duty shall continue as long as the Term.
subjecting individuals to discrimination because of their The determination as to whether or when a conflict may
race,creed,color,national origin,sex,age,disability, potentially exist shall ultimately be made by the County
sexual orientation,military status,or marital status,or have Attorney after full disclosure is obtained.
the effect of substantially impairing the Contract with
respect to individuals of a particular race,creed,color,
national origin,sex,age,disability,sexual orientation, 14. Cooperation on Claims
military status,or marital status,in determining:
The Contractor and the County shall render diligently to
i.) the Services to be provided;or each other,without compensation,any and all cooperation
that may be required to defend the other party,its
ii.) the class of individuals to whom,or the employees and designated representatives,against any
situations in which,the Services will be claim,demand or action that maybe brought against the
provided;or other party,its employees or designated representatives
arising out of,or in connection with,the Contract.
iii.) the class of individuals to be afforded
an opportunity to receive the Services. 15. Confidentiality
10. Nonsectarian/Non Partisan Declaration Any document of the County,or any document created by
the Contractor and used in rendering the Services,shall
The Services performed under the Contract are secular and remain the property of the County and shall be kept
nonpartisan in nature. No funds received pursuant to the confidential in accordance with applicable laws,rules,and
Contract shall be used for sectarian purposes or to further regulations.
the advancement of any religion candidate or partisan
effort. The Services will be available to all eligible 16. Assignment and Subcontracting
individuals regardless of religious belief or political
affiliation. a. The Contractor shall not delegate its duties under
the Contract,or assign,transfer,convey,subcontract,
11. Governing Law sublet,or otherwise dispose of the Contract,or any of its
right,title or interest therein,or its power to execute the
The Contract shall be governed by,and construed in Contract,or assign all or any portion of the moneys that
accordance with,the laws of the State of New York, may be due or become due hereunder,(collectively referred
without regard to conflict of laws.Venue shall be to in this paragraph 16 as"Assignment"),to any other
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person,entity or thing without the prior written consent of which notice(the"Transfer Notice")shall include:
the County,and any attempt to do any of the foregoing
without such consent shall be void ab initio. i.) the proposed effective date of the
Permitted Transfer,which shall not be
b. Such Assignment shall be subject to all of the less than thirty(30)days nor more than
provisions of the Contract and to any other condition the one hundred eighty(180)days after the
County requires. No approval of any Assignment shall be date of delivery of the Transfer Notice;
construed as enlarging any obligation of the County under
the terms and provisions of the Contract. No Assignment ii.) a summary of the material terms of the
of the Contract or assumption by any person of any duty of proposed Permitted Transfer;
the Contractor under the Contract shall provide for,or
otherwise be construed as,releasing the Contractor from iii.) the name and address of the proposed
any term or provision of the Contract. transferee;
17. Changes to Contractor iv.) such information reasonably required
by the County,which will enable the
a. The Contractor may,from time to time,only with County to determine the financial
the County's written consent,enter into a Permitted responsibility,character,and reputation
Transfer. For purposes of the Contract,a Permitted of the proposed transferee,nature of the
Transfer means: proposed assignee/transferee's business
and experience;
i.) if the Contractor is a partnership,the
withdrawal or change,whether v.) all executed forms required pursuant to
voluntary,involuntary or by operation Article IV of the Contract,that are
of law,of the partners,or transfer of required to be submitted by the
partnership interests(other than the Contractor;and
purchase of partnership interests by
existing partners,by the partnership vi.) such other information as the County
itself or the immediate family members may reasonably require.
by reason of gift,sale or devise),or the
dissolution of the partnership without d. The County agrees that any request for its
immediate reconstitution thereof,and consent to a Permitted Transfer shall be granted,provided
that the transfer does not violate any provision of the
ii.) if the Contractor is a closely held Contract,and the transferee has not been convicted of a
corporation(i.e.whose stock is not criminal offense as described under Article II of Chapter
publicly held and not traded through an 189 of the Suffolk County Code. The County shall grant or
exchange or over the counter): deny its consent to any request of a Permitted Transfer
within twenty(20)days after delivery to the County of the
1. the dissolution,merger, Transfer Notice,in accordance with the provisions of
consolidation or other Paragraph 27 of Article III of the Contract. If the County
reorganization of the shall not give written notice to the Contractor denying its
Contractor;and consent to such Permitted Transfer(and setting forth the
basis for such denial in reasonable detail)within such
2. the sale or other transfer of twenty(20)-day period,then the County shall be deemed to
twenty percent(20%)or have granted its consent to such Permitted Transfer.
more of the shares of the
Contractor(other than to e. Notwithstanding the County's consent,
existing shareholders,the
corporation itself or the i.) the terms and conditions of the
immediate family members of Contract shall in no way be deemed to
shareholders by reason of have been waived or modified;and
gift,sale or devise).
ii.) such consent shall not be deemed
b. If the Contractor is a not-for-profit corporation,a consent to any further transfers.
change of twenty percent(20%)or more of its shares or
members shall be deemed a Permitted Transfer. 18. No Intended Third Party Beneficiaries
c. The Contractor shall notify the County in writing, The Contract is entered into solely for the benefit of the
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County and the Contractor. No third party shall be deemed does not constitute a"work made for hire,"the Contractor
a beneficiary of the Contract and no third party shall have hereby assigns to the County all right,title and interest,
the right to make any claim or assert any right under the including the right,title and interest to reproduce,edit,
Contract. adapt,modify or otherwise use the Work Product,that the
Contractor may have or may hereafter acquire in the Work
19. Certification as to Relationships Product,including all intellectual property rights therein,in
any manner or medium throughout the world in perpetuity
The Contractor certifies under penalties of perjury that, without compensation. This includes,but is not limited to,
other than through the funds provided in the Contract and the right to reproduce and distribute the Work Product in
other valid agreements with the County,there is no known electronic or optical media,or in CD-ROM,on-line or
spouse,life partner,business,commercial,economic,or similar format.
financial relationship with the County or its elected
officials. The Contractor also certifies thatthere is no b. Patents
relationship within the third degree of consanguinity,
between the Contractor,any of its partners,members, If the Contractor develops,invents,designs or creates any
directors,or shareholders owning five(5%)percent or idea,concept,code,processes or other work or materials
more of the Contractor,and the County. The foregoing during the Term,or as a result of any Services performed
certification shall not apply to a contractor that is a under the Contract("patent eligible subject matter"),it
municipal corporation or a government entity. shall be the sole property of the County. The Contractor
hereby assigns to the County its entire right,title and
20. Publications 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,
Any book,article,report,or other publication related to the subcontractors,vendors and agents do all acts and execute
Services provided pursuant to this Contract shall contain any documents,necessary to vest ownership in the County
the following statement in clear and legible print: of any and all patent eligible subject matter. The
"This publication is fully or partially funded Contractor may not apply for or secure for itself patent
by the County of Suffolk." 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
21. Copyrights and Patents otherwise use any item so discovered and/or the right to
secure a patent for the discovery or invention. This
a. Copyrights paragraph shall survive any completion,expiration or
termination of this Contract.
Any and all materials generated by or on behalf of the
Contractor while performing the Services(including, 22. Arrears to County
without limitation,designs,images,video,reports,
analyses,manuals,films,tests,tutorials,and any other Contractor warrants that,except as may otherwise be
work product of any kind)and all intellectual property authorized by agreement,it is not in arrears to the County
rights relating thereto("Work Product")are and shall be upon any debt,contract,or any other lawful obligation,and
the sole property of the County. The Contractor hereby
is not in default to the County as surety.
assigns to the County its entire right,title and interest,if
any,to all Work Product,and agrees to do all acts and 23. Lawful Hiring of Employees Law in Connection
execute all documents,and to use its best efforts to ensure with Contracts for Construction or Future
that its employees,consultants,subcontractors,vendors and Construction
agents do all acts and execute any documents,necessary to
vest ownership in the County of any and all Work Product. In the event that the Contract is subject to the Lawful
The Contractor may not secure copyright protection. The Hiring of Employees Law of the County of Suffolk,Suffolk
County reserves to itself,and the Contractor hereby gives County Code Article II of Chapter 353,as more fully set
to the County,and to any other person designated by the forth in the Article entitled"Suffolk County Legislative
County,consent to produce,reproduce,publish,translate, Requirements,"the Contractor shall maintain the
display or otherwise use the Work Product. This paragraph documentation mandated to be kept by this law on the
shall survive any completion,expiration or termination of construction site at all times. Employee sign-in sheets and
this Contract. register/log books shall be kept on the construction site at
The County shall be deemed to be the author of all the all times and all covered employees,as defined in the law,
Work Product. The Contractor acknowledges that all Work shall be required to sign such sign-in sheets/register/log
Product shall constitute"work made for hire"under the books to indicate their presence on the construction site
U.S.copyright laws. To the extent that any Work Product
during such working hours.
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24. Certification Regarding Lobbying 27. Notice
Together with this Contract and as a condition precedent to Unless otherwise expressly provided,all notices shall be in
its execution by the County,the Contractor shall have writing and shall be deemed sufficiently given if sent by
executed and delivered to the County the Certification regular first class mail and certified mail,or personally
Regarding Lobbying(if payment under this Contract may delivered during business hours as follows: 1.)to the
exceed$100,000)as required by Federal regulations,and Contractor at the address on page 1 of the Contract and 2.)
shall promptly advise the County of any material change in to the County at the Department,or as to either of the
any of the information reported on such Certification,and foregoing,to such other address as the addressee shall have
shall otherwise comply with,and shall assist the County in indicated by prior written notice to the addressor. All
complying with,said regulations as now in effect or as notices received by the Contractor relating to a legal claim
amended during the term of this Contract. shall be immediately sent to the Department and also to the
County Attorney at H.Lee Dennison Building, 100
25. Record Retention Veterans Memorial Highway,P.O.Box 6100,(Sixth
Floor),Hauppauge,New York, 11788-0099.
The Contractor shall retain all accounts,books,records, End of Text for Article III
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.
26. Contract Agency Performance Measures and
Reporting Requirements—Local Law No.41-2013
a. If payment under this Contract may exceed
$50,000,it is subject to the requirements of Suffolk County
Local Law No.41-2013,a Local Law to Implement
Performance Measurement to Increase Accountability and
Enhance Service Delivery by Contract Agencies(Article
VIII of Chapter 189 of the Suffolk County Code)as set
forth in Article IV 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 relative to the established
criteria,on dates and times as specified by the Department.
c. The Contractor shall submit an annual report to
the Department regarding the Contractor's performance no
later than July 31 of each year of the Term.All
performance data and reports will be subject to audit by the
Comptroller.
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Required Forms:
Article IV
Suffolk County Legislative Requirements Suffolk County Living Wage Form LW-1;entitled"Suffolk
County Department of Labor—Living Wage Unit Notice of
NOTE:THE CONTRACTOR'S COMPLETED LEGISLATIVE Application for County Compensation(Contract)."
REQUIRED FORMS REFERENCED HEREIN ARE
AVAILABLE ON FILE AT THE COUNTY ATTORNEY'S Suffolk County Living Wage Form LW-38;entitled
OFFICE AND THE DEPARTMENT NAMED ON THE "Suffolk County Department of Labor—Living Wage Unit
SIGNATURE PAGE OF THIS CONTRACT. Living Wage Certification/Declaration—Subject To
Audit."
1. Contractor's/Vendor's Public Disclosure Statement
3. Use of County Resources to Interfere with Collective
It shall be the duty of the Contractor to read,become Bargaining Activities
familiar with,and comply with the requirements of section It shall be the duty of the Contractor to read,become
A5-8 of Article V of the Suffolk County Code. familiar with,and comply with the requirements of Article I
of Chapter 803 of the Suffolk County Code.
Unless certified by an officer of the Contractor as being
exempt from the requirements of section A5-8 of Article V County Contractors(as defined by section 803-2)shall
of the Suffolk County Code,the Contractor represents and comply with all requirements of Chapter 803 of the Suffolk
warrants that it has filed with the Comptroller the verified County Code,including the following prohibitions:
public disclosure statement required by Suffolk County
Administrative Code Article V,section A5-8 and shall file a. The Contractor shall not use County funds to
an update of such statement with the Comptroller on or assist,promote,or deter union organizing.
before the 31st day of January in each year of the b. No County funds shall be used to reimburse the
Contract's duration. The Contractor acknowledges that Contractor for any costs incurred to assist,
such filing is a material,contractual and statutory duty and promote,or deter union organizing.
that the failure to file such statement shall constitute a
material breach of the Contract,for which the County shall c. No employer shall use County property to hold a
be entitled,upon a determination that such breach has meeting with employees or supervisors if the
occurred,to damages,in addition to all other legal purpose of such meeting is to assist,promote,or
remedies,of fifteen percent(15%)of the amount of the deter union organizing.
Contract.
Required Form: If the Services are performed on County property,the
Suffolk County Form SCEX 22;entitled Contractor must adopt a reasonable access agreement,a
"Contractor's/Vendor's Public Disclosure Statement" neutrality agreement,fair communication agreement,non-
intimidation agreement,and a majority authorization card
agreement.
2. Living Wage Law
If the Services are for the provision of human services and
It shall be the duty of the Contractor to read,become are not to be performed on County property,the Contractor
familiar with,and comply with the requirements of Chapter must adopt,at the least,a neutrality agreement.
575,of the Suffolk County Code.
Under the provisions of Chapter 803,the County shall have
This Contract is subject to the Living Wage Law of the the authority,under appropriate circumstances,to terminate
County of Suffolk. The law requires that,unless specific the Contract and to seek other remedies as set forth therein,
exemptions apply,all employers(as defined)under service for violations of this Law.
contracts and recipients of County financial assistance,(as
defined)shall provide payment of a minimum wage to Required Form:
employees as set forth in the Living Wage Law. Such rate Suffolk County Labor Law Form DOL-L01;entitled
shall be adjusted annually pursuant to the terms of the "Suffolk County Department of Labor—Labor Mediation
Suffolk County Living Wage Law of the County of Suffolk. Unit Union Organizing Certification/Declaration-Subject
Under the provisions of the Living Wage Law,the County to Audit."
shall have the authority,under appropriate circumstances,
to terminate the Contract and to seek other remedies as set 4. Lawful Hiring of Employees Law
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
II of Chapter 353 of the Suffolk County Code.
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This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk.It provides that all covered The documentation mandated to be kept by this law shall at
employers,(as defined),and the owners thereof,as the case all times be kept on site. Employee sign-in sheets and
may be,that are recipients of compensation from the register/log books shall be kept on site at all times during
County through any grant,loan,subsidy,funding, working hours and all covered employees,as defined in the
appropriation,payment,tax incentive,contract, law,shall be required to sign such sign-in
subcontract,license agreement,lease or other financial sheets/register/log books to indicate their presence on the
compensation agreement issued by the County or an site during such working hours.
awarding agency,where such compensation is one hundred
percent(100%)funded by the County,shall submit a Required Forms:
completed sworn affidavit(under penalty of perjury),the
form of which is attached,certifying that they have Suffolk County Lawful Hiring of Employees Law Form '
complied,in good faith,with the requirements of Title 8 of LHE-1;entitled"Suffolk County Department of Labor—
the United States Code Section 1324a with respect to the Notice Of Application To Certify Compliance With Federal
hiring of covered employees(as defined)and with respect Law(8 U.S.C.Section 1324a)With Respect To Lawful
to the alien and nationality status of the owners thereof. Hiring of Employees."
The affidavit shall be executed by an authorized
representative of the covered employer or owner,as the Suffolk County Lawful Hiring of Employees Law Form
case may be;shall be part of any executed contract, LHE-2;entitled"Affidavit Of Compliance With The
subcontract,license agreement,lease or other financial Requirements Of 8 U.S.C.Section 1324a With Respect To
compensation agreement with the County;and shall be Lawful Hiring Of Employees"
made available to the public upon request.
5. Gratuities
All contractors and subcontractors(as defined)of covered
employers,and the owners thereof,as the case may be,that It shall be the duty of the Contractor to read,become
are assigned to perform work in connection with a County familiar with,and comply with the requirements of Chapter
contract,subcontract,license agreement,lease or other 664 of the Suffolk County Code.
financial compensation agreement issued by the County or
awarding agency,where such compensation is one hundred The Contractor represents and warrants that it has not
percent(100%)funded by the County,shall submit to the offered or given any gratuity to any official,employee or
covered employer a completed sworn affidavit(under agent of the County or the State or of any political party,
penalty of perjury),the form of which is attached, with the purpose or intent of securing an agreement or
certifying that they have complied,in good faith,with the securing favorable treatment with respect to the awarding
requirements of Title 8 of the United States Code Section or amending of an agreement or the making of any
1324a with respect to the hiring of covered employees and determinations with respect to the performance of an
with respect to the alien and nationality status of the agreement.
owners thereof,as the case may be. The affidavit shall be
executed by an authorized representative of the contractor, 6. Prohibition Against Contracting with Corporations
subcontractor,or owner,as the case may be;shall be part of that Reincorporate Overseas
any executed contract,subcontract,license agreement,lease
or other financial compensation agreement between the It shall be the duty of the Contractor to read,become
covered employer and the County;and shall be made familiar with,and comply with the requirements of sections
available to the public upon request. A4-13 and A4-14 of Article IV of the Suffolk County
An updated affidavit shall be submitted by each such Code.
employer,owner,contractor and subcontractor no later
than January 1 of each year for the duration of any contract The Contractor represents that it is in compliance with
and upon the renewal or amendment of the Contract,and sections A4-13 and A4-14 of Article IV of the Suffolk
whenever a new contractor or subcontractor is hired under County Code. Such law provides that no contract for
the terms of the Contract. consulting services or goods and services shall be awarded
by the County to a business previously incorporated within
The Contractor acknowledges that such filings are a the U.S.A.that has reincorporated outside the U.S.A.
material,contractual and statutory duty and that the failure
to file any such statement shall constitute a material breach
7. Child Sexual Abuse Reporting Policy
of the Contract.
Under the provisions of the Lawful Hiring of Employees It shall be the duty of the Contractor to read,become
Law,the County shall have the authority to terminate the familiar with,and comply with the requirements of Article
Contract for violations of this Law and to seek other II of Chapter 880 of the Suffolk County Code.
remedies available under the law.
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The Contractor shall comply with Article II of Chapter 880, Understanding("MOU")with the Suffolk County
of the Suffolk County Code,entitled"Child Sexual Abuse Department of Labor for work experience is in effect at the
Reporting Policy,"as now in effect or amended hereafter or beginning of the Term of the Contract,the Contractor,if it
of any other Suffolk County Local Law that may become is a not-for-profit or governmental agency or institution,
applicable during the term of the Contract with regard to shall enter into such MOU as soon as possible after the
child sexual abuse reporting policy. execution of the Contract and failure to enter into or to
perform in accordance with such MOU shall be deemed to
8. Non Responsible Bidder be a failure to perform in accordance with the Contract,for
which the County may withhold payment,terminate the
It shall be the duty of the Contractor to read,become Contract or exercise such other remedies as may be
familiar with,and comply with the requirements of Article appropriate in the circumstances.
II of Chapter 189 of the Suffolk County Code.
12. Safeguarding Personal Information of Minors
Upon signing the Contract,the Contractor certifies that it
has not been convicted of a criminal offense within the last It shall be the duty of the Contractor to read,become familiar
ten(10)years. The term"conviction"shall mean a finding with, and comply with the requirements of Suffolk County
of guilty after a trial or a plea of guilty to an offense Local Law No. 20-2013, a Local Law to Safeguard the
covered under section 189-5 of the Suffolk County Code Personal Information of Minors in Suffolk County.
under"Nonresponsible Bidder."
All contract agencies that provide services to minors are
9. Use of Funds in Prosecution of Civil Actions required to protect the privacy of the minors and are strictly
Prohibited prohibited from selling or otherwise providing to any third
party,in any manner whatsoever,the personal or identifying
It shall be the duty of the Contractor to read,become information of any minor participating in their programs.
familiar with,and comply with the requirements of Article
III of Chapter 893 of the Suffolk County Code. 13. Contract Agency Performance Measures and
Reporting Requirements
The Contractor shall not use any of the moneys,in part or
in whole,and either directly or indirectly,received under It shall be the duty of the Contractor to read,become familiar
the Contract in connection with the prosecution of any civil with, and comply with the requirements of Suffolk County
action against the County in any jurisdiction or any judicial Local Law No. 41-2013, a Local Law to Implement
or administrative forum. Performance Measurement to Increase Accountability and
Enhance Service Delivery by Contract Agencies(Article VIII
10. Youth Sports of Chapter 189 of the Suffolk County Code).
It shall be the duty of the Contractor to read,become All contract agencies having a contract in excess of
familiar with,and comply with Article III of Chapter 730 of $50,000 shall cooperate with the contract's administering
the Suffolk County Code. department to identify the key performance measures
related to the objectives of the service the contract agency
All contract agencies that conduct youth sports programs provides and shall develop an annual performance
are required to develop and maintain a written plan or reporting plan.The contract agency shall cooperate with
policy addressing incidents of possible or actual concussion the administering department and the County Executive's
or other head injuries among sports program participants. Performance Management Team to establish working
Such plan or policy must be submitted prior to the award of groups to identify appropriate performance indicators for
a County contract,grant or funding. Receipt of such plan monthly evaluation of the contract agency's performance
or policy by the County does not represent approval or measures.
endorsement of any such plan or policy,nor shall the
County be subject to any liability in connection with any 14. Suffolk County Local Laws Website Address
such plan or policy.
Suffolk County Local Laws,Rules and Regulations
11. Work Experience Participation can be accessed on the homepage of the Suffolk
County Legislature.
If the Contractor is a not-for-profit or governmental agency
or institution,each of the Contractor's locations in the End of Text for Article IV
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
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Article V by the Suffolk County Department of Audit and
General Fiscal Terms and Conditions Control. Documentation,including any other
form(s)required by County or the Suffolk
1. General Payment Terms County Department of Audit and Control,shall
be furnished to the County pursuant to,and as
a. Presentation of Suffolk County Payment limited by,the Regulations for Accounting
Voucher Procedures for Contract Agencies of the Suffolk
County Department of Audit and Control. In
In order for payment to be made by the County to addition to any other remedies that the County
the Contractor for the Services,the Contractor may have,failure to supply the required
shall prepare and present a Suffolk County documentation will disqualify the Contractor
Payment Voucher,which shall be documented by from any further County contracts.
sufficient,competent and evidential matter. Each
Suffolk County Payment Voucher submitted for c. Payment by County
payment is subject to Audit at any time during
the Term or any extension thereof. This Payment by the County shall be made within
provision shall survive expiration or termination thirty(30)days after approval of the Suffolk
of this Contract for a period of not less than County Payment Voucher by the Comptroller.
seven(7)years,and access to records shall be as
set forth in paragraph 25 of Article III,and d. Budget Modification
paragraph 4(b)of Article V.
i.) The parties shall use the Contract
b. Voucher Documentation Budget Modification Request form
("Budget Modification")for revisions
The Suffolk County Payment Voucher shall list to the Budget and Services not
all information regarding the Services and other involving an increase to the total cost
items for which expenditures have been or will be of the Contract.If the Contractor is
made in accordance with the Contract. Either seeking such a modification,the
upon execution of the Contract(for the Services Contractor shall contact the
already rendered and expenditures already made), Department to receive the form and
or not more than thirty(30)days after the enter the required information. When
expenditures were made,and in no event after the the County and the Contractor agree as
31st day of January following the end of each year to such revisions,the Contractor shall
of the Contract,the Contractor shall furnish the sign the Budget Modification form and
County with detailed documentation in support return it to the County for execution
of the payment for the Services or expenditures along with any other documentation the
under the Contract e.g.dates of the Service, Department may require.
worksite locations,activities,hours worked,pay
rates and all program Budget categories. The ii.) Such request must be made in advance
Suffolk County Payment Voucher shall include of incurring any expenditure for which
time records,certified by the Contractor as true the revision is needed.
and accurate,of all personnel for whom
expenditures are claimed during the period. iii.) Upon complete execution of the Budget
Time and attendance records of a project director, Modification form,the County shall
if any,shall be certified by the Chairperson, return a copy to the Contractor. The
President or other designated member of the revision shall not be effective until the
Board of Directors of the Contractor. All Suffolk Budget Modification is completely
County Payment Vouchers must bear a signature executed.
as that term is defined pursuant to New York
State General Construction Law§46 by duly iv.) The Budget Modification form may be
authorized persons,and certification of such submitted only twice per calendar year
authorization with certified specimen signatures and may only
�be submitted prior to
thereon must be filed with the County by a November 15 of that year.
Contractor official empowered to sign,the
Contract. Disbursements made by the Contractor e. Budget and/or Services Revisions
in accordance with the Contract and submitted
for reimbursement must be documented and must i.) The parties shall use the Contract
comply with accounting procedures as set forth Budget/Services Revision Approval
Form(Budget/Services Revisions)for
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revisions to the Budget and Services
involving any change to the total cost ii.) determine future payments to the
of the Contract due to a resolution of Contractor;and
the Legislature,changes to the
County's adopted annual budget,or for iii.) determine what amounts,if any,are
any other reason necessitating revisions reimbursable to the County by the
to the Budget or Services. Contractor and the terms and
conditions under which such
ii.) When the County and the Contractor
agree as to such revisions,the reimbursement shall be paid.
Department will enter the information c. The County may,during the Term,impose a
into the Budget/Services Revisions Budget Deficiency Plan. In the event that a
form and send it to the Contractor for Budget Deficiency Plan is imposed,the County
signature.The Contractor shall return it shall promptly notify the Contractor hi writing of
to the County for execution along with the terms and conditions thereof,which shall be
any other documentation the deemed incorporated in and made a part of the
Department may require. Contract,and the Contractor shall implement
iii.) Upon complete execution of the form those terms and conditions in no less than
by the parties,the County shall return a fourteen(14)days.
copy to the Contractor. The revision 3. Personnel Salaries,Pension and Employee Benefit
shall not be effective until the Budget Plans,Rules and Procedures
/Services Revisions is completely
executed. a. Upon request,the Contractor shall submit to the
f. Taxes County a current copy,certified by the
Contractor as true and accurate,of its
The charges payable to the Contractor under the i.) salary scale for all positions listed in
Contract are exclusive of federal,state,and local the Budget;
taxes,the County being a municipality exempt
from payment of such taxes. ii.) personnel rules and procedures;
g. Final Voucher iii.) pension plan and any other employee
benefit plans or arrangements.
The acceptance by the Contractor of payment of
all billings made on the final approved Suffolk b. The Contractor shall not be entitled to
County Payment Voucher shall operate as and reimbursement for costs under any pension or
shall be a release of the County from all claims benefit plan the Comptroller deems commercially
by the Contractor through the date of the unreasonable.
Voucher.
c. Notwithstanding anything in this paragraph 3 of
2. Subject to Appropriation of Funds this Article V,the County shall not be limited in
requesting such additional financial information
a. The Contract is subject to the amount of funds it deems reasonable.
appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature 4. Accounting Procedures
and no liability shall be incurred by the County
beyond the amount of funds appropriated each a. The Contractor shall maintain accounts,books,
fiscal year by the County Legislature for the records,documents,other evidence,and
Services. accounting procedures and practices which
sufficiently and properly reflect all direct and
b. If the County fails to receive Federal or State indirect costs of any nature expended in the
funds originally intended to pay for the Services, performance of the Contract,in accordance with
or to reimburse the County,in whole or in part, generally accepted accounting principles and
for payments made for the Services,the County with rules,regulations and financial directives,as
shall have the sole and exclusive right to: may be promulgated by the Suffolk County
Department of Audit and Control and the
i.) determine how to pay for the Services; Department. The Contractor shall permit
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inspection and audit of such accounts,books, 6. Financial Statements and Audit Requirements
records,documents and other evidence by the
Department and the Suffolk County Comptroller, a. Notwithstanding any other reporting or
or their representatives,as often as,in their certification requirements of Federal,State,or
judgment,such inspection is deemed necessary. local authorities,the Contractor shall obtain the
Such right of inspection and audit as set forth in services of an independent licensed public
subparagraph b.below shall exist during the accountant or certified public accountant(the
Term and for a period of seven(7)years after "Auditor")to audit its financial statements for
expiration or termination of the Contract. each Contractor's"fiscal year"in which the
Contractor has received,or will receive,three
b. The Contractor shall retain all accounts,books, hundred thousand($300,000.00)dollars or more
records,and other documents relevant to the from the County,whether under the Contract or
Contract for seven(7)years after final payment is other agreements with the County,and shall
made by the County. Federal,State,and/or submit a report to the County on the overall
County auditors and any persons duly authorized financial condition and operations of the
by the County shall have full access and the right Contractor,including a balance sheet and
to examine any of said materials during said statement of income and expenses,attested by the
period. Such access is granted notwithstanding Auditor as fairly and accurately reflecting the
any exemption from disclosure that may be accounting records of the Contractor in
claimed for those records which are subject to accordance with generally accepted accounting
nondisclosure agreements,trade secrets and principles. The Contractor may solicit requests
commercial information or financial information for proposals from a number of qualified
that is privileged or confidential. accounting firms and review carefully the costs
c. The Contractor shall utilize the accrual basis of of,and qualifications for,this type of work before
accounting and will submit all financial reports selecting the Auditor.
and claims based on this method of accounting b. The Auditor should be required to meet the
during the Term. following minimum requirements:
5. Audit of Financial Statements i.) a current license issued by
the New York State
a. All payments made under the Contract are Education Department;
subject to audit by the Comptroller pursuant to ii.) sufficient auditing experience
Article V of the Suffolk County Charter. The in the not-for-profit,
Contractor further agrees that the Comptroller governmental or profit-
and the Department shall have access to and the making areas,as applicable;
right to examine,audit,excerpt,copy or and
transcribe any pertinent transactions or other
records relating to services under the Contract. If iii.) a satisfactory peer review
such an audit discloses overpayments by the issued within not more than
County to the Contractor,within thirty(30)days three(3)years prior to the
after the issuance of an official audit report by the date when the Auditor was
Comptroller or his duly designated selected to conduct the audit.
representatives,the Contractor shall repay the c. The audit must be conducted in accordance with
amount of such overpayment by check to the generally accepted governmental auditing
order of the Suffolk County Treasurer or shall standards. Financial statements must clearly
submit a proposed plan of repayment to the differentiate between County-funded programs
Comptroller. If there is no response,or if and other programs that the Contractor may be
satisfactory repayments are not made,the County operating. The use of subsidiary schedules
may recoup overpayments from any amounts due should be encouraged for this purpose. The
or becoming due to the Contractor from the Auditor must also prepare a Management Letter
County under the Contract or otherwise. based on the audit.
b. The provisions of this paragraph shall survive the d. In the event the Contractor is a not-for-profit
expiration or termination of the Contract for a organization or unit of local government and
period of seven(7)years,and access to records expends five hundred thousand($500,000.00)
shall be as set forth in paragraph 25 of Article III, dollars or more of Federal moneys,whether as a
and paragraph 4(b)of Article V. recipient expending awards received directly
from Federal awarding agencies,or as a
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subrecipient expending Federal awards received unit for which the Contractor will seek
from a pass-through entity,such as New York reimbursement from the County,the Contractor
State or Suffolk County,during any fiscal year shall submit to the County a written request for
within which it receives funding under the approval to make such a proposed purchase,
Contract,the audit must be conducted,and the rental or lease,with a list showing the quantity
audit report("Single Audit Report")must be,in and description of each item,its intended
accordance with OMB Circular No.A-133 location and use,estimated unit price or cost,and
(revised June 27,2003). Single Audit Reports estimated total cost of the proposed order.
must also be submitted to the designated Written approval of the County shall be required
clearinghouse,cognizant agency and/or pass- before the Contractor may proceed with such
through entity,to the extent required by the OMB proposed purchase,rental or lease of furniture,
Circular referred to above. fixtures or equipment. All items purchased must
be new or like new unless specifically described
e. The Contractor must submit to the County a
otherwise in the Budget.
statement in writing,certified by its chief
financial officer,which states the amount of b. Purchase Practices/Proprietary Interest of
Federal funding expended by the Contractor County
during such fiscal year. The Contractor must
mail or deliver the certified statement to the i.) The Contractor shall follow the general
Department and to the Executive Director of practices that are designed to obtain
Auditing Services,Suffolk County Department of furniture,fixtures,equipment,
Audit and Control,H.Lee Dennison Building, materials,or supplies at the most
100 Veterans Memorial Highway,P.O.Box reasonable price or cost possible.
6100,Hauppauge,New York 11788-0099,as
soon as possible after the end of the Contractor's ii.) The County reserves the right to
fiscal year. The statement must include all purchase or obtain furniture,fixtures,
Federal funding received directly from the
Federal government and all Federal funds passed equipment,materials,or supplies for
the Contractor in accordance with the
through from the County and other pass-through
entities. programmatic needs of the Contract. If
the County exercises this right,the
f. Copies of all financial statements,Management amount budgeted for the items so
Letters,Single Audit Reports and other audit purchased or obtained by the County
reports must be transmitted to the County and to for the Contractor shall not be available
the Executive Director of Auditing Services at to the Contractor for any purpose
the address set forth above. The reports must be whatsoever. Title to any such items
submitted within thirty(30)days after completion purchased or otherwise obtained by the
of the audit,but in no event later than nine(9) County for the programs encompassed
months after the end of the Contractor's fiscal by the Contract and entrusted to the
year,to which the audit relates. Contractor,shall remain in the County.
g. These requirements do not preclude the County, iii.) The County shall retain a proprietary
the Comptroller,or their authorized interest in all furniture,removable
representatives,or Federal or State auditors from fixtures,equipment,materials,and
auditing all records of the Contractor. Therefore, supplies purchased or obtained by the
the records of the Contractor must be made Contractor and paid for or reimbursed
available to authorized representatives of Federal, to the Contractor pursuant to the terms
State and County government for that purpose. of the Contract or any prior agreement
h. The provisions of this paragraph shall survive the between the parties.
expiration or termination of the Contract.
iv.) The Contractor shall attach labels
7. Furniture,Fixtures,Equipment,Materials,Supplies indicating the County's proprietary
interest or title in all such property.
a. Purchases,Rentals or Leases Requiring Prior c. County's Right to Take Title and Possession
Approval
Prior to placing any order to purchase,rent or Upon the termination or expiration of the
lease any furniture,fixtures,or equipment valued Contract or any renewal thereof,the
in excess of one thousand dollars($1,000.00)per discontinuance of the business of the Contractor,
the failure of the Contractor to comply with the
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terms of the Contract,the bankruptcy of the supplies from any cause,the Contractor shall
Contractor,an assignment for the benefit of its immediately send the County a detailed written
creditors,or the failure of the Contractor to report thereon.
satisfy any judgment against it within thirty(30)
days of filing of the judgment,the County shall f. Disposition of Property in Contractor's
have the right to take title to and possession of all Custody
furniture,removable fixtures,equipment,
materials,and supplies and the same shall Upon termination of the County's funding of any
thereupon become the property of the County of the Services covered by the Contract,or at any
without any claim for reimbursement on the part other time that the County may direct,the
of the Contractor. Contractor shall make access available and render
all necessary assistance for physical removal by
d. Inventory Records,Controls and Reports the County or its designee of any or all furniture,
removable fixtures,equipment,materials or
The Contractor shall maintain proper and supplies in the Contractor's custody in which the
accurate inventory records and controls for all County has a proprietary interest,in the same
such furniture,removable fixtures and equipment condition as such property was received by the
acquired pursuant to the Contract and all prior Contractor,reasonable wear and tear excepted.
agreements between the parties,if any. Three(3) Any disposition,settlements or adjustments
months before the expiration date of the Contract, connected with such property shall be in
the Contractor shall make a physical count of all accordance with the rules and regulations of the
items of furniture,removable fixtures and County and the State of New York.
equipment in its custody,checking each item
against the aforesaid inventory records. A report 8. Lease or Rental Agreements
setting forth the results of such physical count
shall be prepared by the Contractor on a form or If lease payments or rental costs are included in the Budget
forms designated by the County,certified and as an item of expense reimbursable by the County,the
signed by an authorized official of the Contractor shall promptly submit to the County,upon
Contractor,and one(1)copy thereof shall be request,any lease or rental agreement. If during the Tenn,
delivered to the County within five(5)days after the Contractor shall enter into a lease or rental agreement,
the date set for the aforesaid physical count. or shall renew a lease or rental agreement,the Contractor
Within five(5)days after the termination or shall,prior to the execution thereof,submit such lease or
expiration date of the Contract,the Contractor rental agreement,to the County for approval.
shall submit to the County six(6)copies of the
same report updated to such date of the Contract, 9. Statement of Other Contracts
certified and signed by an authorized official of
the Contractor,based on a physical count of all
items of furniture,removable fixtures and Prior to the execution of the Contract,the Contractor shall
equipment on the aforesaid expiration date,and submit a Statement of Other Contracts to the County. If the
revised,if necessary,to include any inventory Contract is amended during the Term,or if the County
changes during the last three(3)months of the exercises its option right,the Contractor shall submit a then
Term. current Statement of Other Contracts.
e. Protection of Property in Contractor's 10. Miscellaneous Fiscal Terms and Conditions
Custody
a. Limit of County's Obligations
The Contractor shall maintain vigilance and take
all reasonable precautions to protect the furniture, The maximum amount to be paid by the County
fixtures,equipment,material or supplies in its is set forth on the first page of the Contract.
custody against damage or loss by fire,burglary,
theft,disappearance,vandalism,or misuse.In the b. Duplicate Payment from Other Sources
event of burglary,theft,vandalism,or
disappearance of any item of furniture,fixtures, Payment by the County for the Services shall not
equipment,material or supplies,the Contractor duplicate payment received by the Contractor
shall immediately notify the police and make a from any other source.
record thereof,including a record of the results of
any investigation which may be made thereon. In c. Funding Identification
the event of loss of or damage to any item of
furniture,fixtures,equipment,materials,or The Contractor shall promptly submit to the
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County upon request,a schedule for all programs made until the Contractor submits documentation
funded by the County,itemizing for each such in the manner and form as shall be required by
program the sums received,their source and the State and/or Federal agency. If late submission
total program budget. of claims precludes the County from claiming
State or Federal reimbursement,such late claims
d. Outside Funding for Non-County Funded by the Contractor shall not be paid by the County
Activities subject to subparagraph g.below,i±for any
reason,the full amount of such funding is not
Notwithstanding the foregoing provisions of the made available to the County,the Contract may
Contract,it is the intent of the County that the be terminated in whole or in part,or the amount
terms and conditions of the Contract shall not payable to the Contractor may be reduced at the
limit the Contractor from applying for and discretion of the County,provided that any such
accepting outside grant awards or from providing termination or reduction shall not apply to
additional educational activities/services which allowable costs incurred by the Contractor prior
may result in the Contractor incurring additional to such termination or reduction,and provided
costs,as long as the following conditions are met: that money has been appropriated for payment of
such costs.
i.) The County is not the Fund Source for g. Denial of Aid
the additional services;
ii.) Sufficient funding is available for or If a State or Federal government agency is
can be generated by the Contractor to funding the Contract and fails to approve aid in
cover the cost incurred by the reimbursement to the County for payments made
cContractoretheos provide these additional hereunder by the County to the Contractor for
tces;and expenditures made during the Term because of
servany act,omission or negligence on the part of the
iii.) If sufficient funding is not available or Contractor,then the County may deduct and
cannot be generated,the County shall withhold from any payment due to the Contractor
not be held liable for any of the an amount equal to the reimbursement denied by
additional costs incurred by the the state or federal government agency,and the
Contractor in furnishing such County's obligation to the Contractor shall be
additional services. reduced by any such amounts. In such an event,
if there should be a balance due to the County
iv.) Prior to scheduling any such additional after it has made a final payment to the
services on County-owned property, Contractor under the Contract,on demand by the
the Contractor shall obtain written County,the Contractor shall reimburse the
County approval. The Contractor shall, County for the amount of the balance due the
to the County's satisfaction,submit any County,payable to the Suffolk County Treasurer.
documentation requested by the The provisions of this subparagraph shall survive
Department reflecting the change,and the expiration or termination of the Contract.
identify the additional services to be
provided and the source of funding that h. Budget
shall be utilized to cover the
expenditures incurred by the Contractor The Contractor expressly represents and agrees
in undertaking the additional services. that the Budget lists all revenue,expenditures,
personnel,personnel costs and/or all other
e. Potential Revenue relevant costs necessary to provide the Services.
The Contractor shall actively seek and take i. Payment of Claims
reasonable steps to secure all potential funding
from grants and contracts with other agencies for Upon receipt of a Suffolk County Payment
programs funded by the County. Voucher,the County,at its discretion,may pay
the Contractor during the Term,in advance,an
f. Payments Contingent upon State/Federal amount not to exceed one sixth(1/6)of the
Funding maximum amount to be paid by the County set
forth on the first page of the Contract.
Payments under the Contract may be subject to
and contingent upon continued funding by State j. Payments Limited to Actual Net Expenditures
and/or Federal agencies. In the event payments
are subject to such funding no payment shall be The Contractor agrees that if,for any reason
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whatsoever,the Contractor shall spend during the incorporated by reference in,and be made part
Term for the purposes set forth in the Contract an of,the Contract,provided,however,that subject
amount less than,or receive amounts more than, to the availability of funding,approval for the
provided in the Budget,the total cost of the hiring of replacement clerical shall be a
Contract shall be reduced to the net amount of Contractor determination.
actual Contractor expenditures made for such
purposes. The total amount to be paid by the o. No Limitation On Rights
County shall not exceed the lesser of(i)actual
net expenditures or(ii)the total cost of the Notwithstanding anything in this Article V to the
Contract on the cover page and in the Budget. contrary,the County shall have available to it all
Upon termination or expiration of the Contract,if rights and remedies under the Contract and at law
the Contractor's total amount of allowable and equity.
expenses is less than the total amount of the
payments made during the Term,the Contractor p. Comptroller's Rules and Regulations
shall prepare a check payable to the Suffolk
County Treasurer for the difference between the The Contractor shall comply with the
two amounts and submit such payment to the "Comptroller's Rules and Regulations for
County,along with the final Suffolk County Consultant's Agreements"as promulgated by the
Payment Voucher. Department of Audit and Control of Suffolk
County and any amendments thereto during the
k. Travel,Conference,and Meeting Attendance: Term of the Contract. The"Comptroller's Rules
SOP A-07 Amendment 1 and Regulations for Consultant's Agreements"
and"SOP A-07 Amendment 1"may be viewed
Reimbursement to the Contractor for travel costs online at the County's website,
shall not exceed amounts allowed to County SuffolkCountyny.gov;go to"Government,"then
employees.All conferences that are partially or "Comptroller,"then"Consultant's Agreements."
fully funded by the County that the Contractor's
' staff wishes to attend must be pre-approved,in
writing,by the County and must be in End of Text for Article V
compliance with Suffolk County Standard
Operating Procedure A-07 which may be viewed
online at the County's website,
SuffolkCountyny.gov;go to"Government,"then
"Comptroller,"then"Consultant's Agreements."
Salaries
The Contractor shall not be eligible to receive
any salary reimbursement until proof of deposit
or payment of all withholding and payroll taxes
to the Federal/State governments has been
provided to the County.
m. Salary Increases
No salary,wage,or other compensation for the
Services shall be increased over the amount
stated in the Budget without the prior written
approval of the County.
n. Contractor Vacancies
The County shall have the right of prior approval
of the Contractor's filling of any vacant position
as of the date of execution of the Contract or as
may thereafter become vacant,and,in the
exercise of that right.The County may
promulgate reasonable regulations involving
filling of vacancies which shall be deemed to be
41 of 42 pages
ARTICLE V
' Law No. 16—AG IFMS No. 000000007395
Rev. 1/14/16 001-6790/6797/6774/6777-4980,6776-3330-95230
Line Item/Nutrition Program for the Elderly
Article VI
Budget
Town of Southold
RATE PAGE
Nutrition Program for the Elderly
January 1,2016-December 31,2016
CONGREGATE MEALS
$5.52
HOME-DELIVERED MEALS
$5.85
Meals in excess of the number stated on the cover page will be used as local match for the Title IIIC program
42 of 42 pages
ARTICLE VI