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HomeMy WebLinkAboutSC Office for the Aging - Nutrition Program RESOLUTION 2017-380 ADOPTED DOC ID: 12987 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-380 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 25, 2017: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Consultant/Personal Services Contract between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs, for the period January 1, 2017 through December 31, 2017, for congregate dining and home delivered meals for the elderly, at no cost to the Town, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio COUNTY OF SUFFOLK RECEIVED ? rr JUN 1 9 2017 Steven Bellone Southold Town Clerk COUNTY EXECUTIVE OFFICE FOR THE AGING Holly S.Rhodes-Teague DIRECTOR D' DE `HWC� June 13, 2017 JUN 16 2017 ID SUPERVISOR'S OFFICE The Honorable Scott A. Russell TOWN OF SOUTHOLD Supervisor Town of Southold P.O. Box 1179 Southold, New York 11971-0959 Re: Nutrition Program for the Elderly IFMS No.00000008050 Dear Supervisor Russell: The fully executed Agreement referenced above is enclosed for your files If you need further information, please contact Ellen Frankino, Contracts Examiner, at 631-853-8262. Sincerely, Joannne Kandell Principal Accountant JK:EF:II Enclosures cc: Ellen Frankino Karen McLaughlin H LEE DENNISON BUILDING ♦ 100 VETERANS MEMORIAL HIGHWAY ♦ P O BOX 6100 ♦ HAUPPAUGE,N Y.11788-0099 ♦ PHONE(631)853-8200 ♦FAX(631)853-8225 - -oafRev. 11-25-16; Law Noz$Acq IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant Contract This Contract("the Contract") is between the County of Suffolk("the County"), a municipal corporation of the State of New York, acting through its duly constituted Office for the Aging("the Department"), located at the H. Lee Dennison Building—P 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 1,2017 through December 31,2017,with an option to extend, to be exercised at the County's discretion,through June 30,2018 on the same terms and conditions herein. Total Meals: Daily Congregate: �o Daily Home-Deliv e e Is: q p + exce 12 �(rr Qnn�1c U t3 ( 2 ° y- d 52— *^ '�^�� '" �� n ^0� 5�,��t:A 101-Not to excee annually by Not to Exceed$82,324.00 Annually :"®c-nne of to exceed$179,487.00 Annually K4 nde 1 I It�jj�, J awnn2 Total Cost of the Contract: Shall not exceed$261,811.00, as set forth in Articles V and VI, attached. Kgn4eu Terms and Conditions: Shall be asset forth in Articles I thru VI, attached hereto and made a part hereof and Contractor''s Response to RFQ No NTRN2017 and associated addendum on file in the Department and which are incorporated herein as if the same were repeated herein in full. In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below. Town of Southold Countyo ffolk By: "jr By: Scott A.Russell Dennis M. Cohen Town Supervisor Chief Deputy/County Executive Fed. Taxpayer ID# 11-6001939 Date D LA �- l Date�l � Approved: SCAP – A hereby certifies under Department , '( —rnalties of erj that I an 9fTicer of By: c that I have read and I am Holly Rhodes-Teague ate familiar with -8o Artic V of a Suffolk County Code,and Director Office for the Aging that�n r), a meets all ' requirements to qualify fo exemption thereunder. Recommended: Dategy; /� 7 Si gn re Michelle Bels Date Approved as to Form: Food Service Supervisor Dennis M.Brown, Suffolk County rney .� By: Niranj agapuram Assistadt County Attey 0044966 Date 7 1 of 51 pages southold npe 17 M Rev. 11-25-16; Law No. IFMS No.00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant List of Articles Article I Description of Services 1. Conflicting Provisions 2. Federal CFDA Subrecipient Requirements 3. Services Article II Definitions 1. Meanings of Terms 2. Elements of Interpretation Article III General Terms and Conditions 1. Contractor Responsibilities a. Duties and Obligations b. Qualifications, Licenses, and Professional Standards c. Notifications d. Documentation of,Professional Standards e. Credentialing f. Engineering Certificate 2. Termination a. Thirty Days Termination b. Event of Default; Termination on Notice c. Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger;No Oral Changes 8. Set-Off Rights 9. Non-Discrimination in Services 10.Nonsectarian Non Partisan Declaration 11. Governing Law 12.No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16.Assignment and Subcontracting 17. Changes to Contractor 18.No Intended Third Party Beneficiaries 2 of 51 pages southold npe 17 Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980, 6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 19. Certification as to Relationships 20. Publications 21. Copyrights and Patents a. Copyrights b. Patents 22.Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24. Certification Regarding Lobbying 25. Record Retention 26. Contract Agency Performance Measures and Reporting Requirements -Local Law No. 41-2013 27.Notice Article IV Suffolk County Legislative Requirements 1. Contractor's/Vendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Work Experience Participation 12. Safeguarding Personal Information of Minors 13. Contract Agency Performance Measures and Reporting Requirements 14. Suffolk County Local Laws Website Address Article V General Fiscal Terms and Conditions 1. General Payment Terms a. Presentation of Suffolk County Payment Voucher b. Voucher Documentation c. Payment by County d. Budget Modification e. Budget and/or Services Revisions f. Taxes g. Final Voucher 2. Subject to Appropriation of Funds 3. Personnel Salaries,Pension and Employee Benefit Plans, Rules and Procedures 4. Accounting Procedures 5. Audit of Financial Statements 6. Financial Statements and Audit Requirements 3 of 51 pages " Southold upe 17 r y Rev. 11-25-16; Law No. IFMS No.00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 7. Furniture, Fixtures,Equipment, Materials, Supplies a. Purchases,Rentals or Leases Requiring Prior Approval b. Purchase Practices/Proprietary Interest of County c. County's Right to Take Title and Possession d. Inventory Records, Controls and Reports e. Protection of Property in Contractor's Custody f. Disposition of Property in Contractor's Custody 8. Lease or Rental Agreements 9. Statement of Other Contracts 10. Miscellaneous Fiscal Terms and Conditions a. Limit of County's Obligations b. Duplicate Payment from Other Sources c. Funding Identification d. Outside Funding for Non-County Funded Activities e. Potential Revenue f. Payments Contingent upon State/Federal Funding g. Denial of Aid h. Budget i. Payment of Claims j. Payments Limited to Actual Net Expenditures k. Travel, Conference, and Meeting Attendance: SOP A-07 Amendment 1 1. Salaries m. Salary Increases n. Contractor Vacancies o. No Limitation On Rights p. Comptroller's Rules and Regulations Article VI Budget Exhibit 1 Subrecipient Contract Documentation 4 of 51 pages southold npe 17 Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant Article I Description of Services Whereas,the Contractor has been identified in the 2017 Suffolk County Adopted Budget under the pseudo code as listed on page one (1)of the Contract to perform the Services for the Department; and Whereas,the Contractor has been identified in the 2017 Suffolk County Adopted Budget under the pseudo code as listed on page one(1) of the Contract to perform the Services for the Department; and Whereas,the Services are provided pursuant to Title IHC-1 of the Older Americans Act and Nutrition Services Incentive Program, with a Catalog of Federal Assistance("CFDA")Number of 93.053 and(CFDA")Number 93.045 (hereinafter"the Grant") information for which is set forth in Exhibit 1, entitled"Subrecipient Contract Documentation;"and Whereas,the County issued a Request for Qualifications ("RFQ") on May 26, 2016; 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 this Article I and any other provision to this Contract, such other provision shall prevail unless it is expressly stated that this Article I shall prevail. 2. Federal CFDA Subrecipient Requirements a. The Contractor shall provide the Services in accordance with this Article I and the Grant Contract. b. For the purposes of this Contract,the Contractor is a"Subrecipient"as that term is defined in Section 200.93 of Title 2 of the Code of Federal Regulations ("CFR"). All provisions applicable to Subrecipients in Part 200 of Title 2 of the CFR, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" shall apply to the Contractor. C. To the extent that this Contract is funded, in whole or part with Federal funds, or mandated by Federal laws,(i)the provisions of the Contract that conflict with Federal rules,Federal regulations or Federal program specific requirements shall not apply and(ii)the Contractor shall comply with all applicable Federal rules, regulations and program specific requirements, including, but not necessarily limited to, those provisions set forth in Part 200 of Title 2 of the Code of Federal Regulations, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,"as may be amended. 5 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-49809 6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant d. Contractor shall provide all Services in a manner satisfactory to the Department and in compliance with applicable federal and state requirements, laws and regulations. e. The Department shall regularly monitor the performance of Contractor against the goals and performance standards set forth herein and as may be set forth in the Grant. Such monitoring may consist,but not necessarily be limited to,Contractor site visits,Contractor conferences,and requests for reports and data. Contractor shall cooperate with the Department's monitoring to the fullest extent possible,including,but not limited to,permitting Department access to Contractor's site,data and providing requested reports in a timely manner. f. The provisions of this paragraph shall survive the termination or expiration of the Contract. Contractor shall include these provisions in any subcontract it enters,as shall have been approved by the County, for the Services. 3. 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. NTRN2017 and associated addendum on file in the Department and which are incorporated herein as if the same were repeated herein in full. 4. 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 Department's 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). 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. NTRN2017, 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.NTRN2017 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 6 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 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. 5. 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. 6. 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(1/3) of the Dietary Recommended Intakes("DRI") for the sixty(60)-plus age group as established by the Food and Nutrition Board of the National Academy of Sciences,National Research Council with menus developed under the supervision of, and approved by,the Department on a(6) six-week cycle. Special low salt and basic diabetic diets must be provided to those clients requiring such upon physician's order. The meal pattern and the amounts must follow those set forth by the New York State Office for the Aging. All aspects of food preparation and service must meet the standards of the Suffolk County Department of Health Services, e.g., safe'temperature of food—hot entree always served at a minimum of 140°F, salad and other cold items served at 41°F or below. There shall be no more than two (2) hours between the time of completion of cooking and the beginning of serving for foods which need to be held at temperatures above 140 degrees F. For home- delivered meals,this applies to the last meal served on the route. 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 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. 7 of 51 pages ARTICLE I Rev. 11-25-16;Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 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(1)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 i. Persons sixty(60)years of age or older or who are the spouse of an eligible individual regardless of age are eligible to participate in the congregate program. Congregate meals may be available to handicapped or disabled persons under sixty(60)years of age who reside with eligible congregate participants. 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. 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. 8 of 51 pages ARTICLE I =.Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant C. Specifications for Home-Delivered Meal Programs L 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. 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. 9 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No.00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980, 6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 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). 7. Administration a. Overall administration of this program will be the responsibility of the Contractor. The Contractor or its designee will ensure proper implementation and direction of the service, act as liaison between the Department and the actual service, and ensure 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. 8. 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. 9. Coordination The Contractor must coordinate the delivery of services with other providers and organizations to provide the most suitable outcomes and minimize possible duplication of effort. In order to accomplish this,the Contractor will undertake activities such as,but not limited to,participation in inter-agency meetings, coordination of referrals and follow-ups with other local service providers, entering into agreements with other organizations for joint efforts and/or funding, centralized assessment and maintaining up-to-date resource materials both within and outside the Contractor's organization. 10. 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 10 of 51 pages ARTICLE I Rev. 11-25-16;Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 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 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 11 of 51 pages ARTICLE I Rev. 11-25-16;Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 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(1) 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(1) or more major life activities,has a record of such impairment, or is regarded as having such impairment. This includes alcoholism and drug addiction. iv. Vulnerable—Persons with a deficit of social resources,those who are isolated socially, linguistically or geographically, and/or those affected by other environmental conditions including the following: a) Language barriers; Limited English Proficiency-Individuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English may be limited English proficient, and may be eligible to receive language assistance with respect to a particular type of service, benefit, or encounter. b) Rural residence; c) Persons with disabilities; d) Institutionalized or at risk of institutionalization; e) Lesbian, gay,bisexual,transgender(LGBT) older adults; f) Low literacy; g) Older adult caregivers of children with developmental disabilities, mental illness, or other disabilities requiring a caretaker(e.g.,traumatic brain injury); h) Homebound; and, i) Alzheimer's or other Dementia. d. In order to comply with Targeting requirements,the Contractor must employ Outreach Strategies which may include,but are not limited to, locating target populations using Census-or other resource data,translated printed materials, location of services in catchment areas for targeted populations,publicity to community-based groups, and minority staff/volunteers. 12 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 11. 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) and Section 504 of the Rehabilitation Act of 1973). Accessibility requirements include provision of services and assistive devices (including assistive technology services and devices) designed to meet the unique needs of older individuals who are disabled,and of older individuals who provide uncompensated care to their adult children with disabilities. Providers must ensure that communications with individuals with disabilities are as effective as communications with others (ADA,28 CFR 35.160-35.164). For example, auxiliary aids and services may include: • For individuals who are deaf or hard of hearing: qualified interpreters,note takers, computer-aided transcription services, written materials,telephone handset amplifiers, assistive listening systems,telephones compatible with hearing aids, closed caption decoders, open and closed captioning,telecommunications devices for deaf persons (TDDs),videotext displays,and exchange of written notes. • For individuals with vision impairments: qualified readers,taped texts, audio recordings, Brailed materials, large print materials, and assistance in locating items. • For individuals with speech impairments: TDDs, computer terminals, speech synthesizers,and communication boards. C. Additionally,consistent with the Civil Rights Act of 1964, Title VI,the Title VI regulations, federal Executive Order 13166, and the NYS Human Rights Law, all subcontractors are required by law to take reasonable steps to provide meaningful access to Limited English Proficient persons. All aging services providers are obligated to provide reasonable,timely,and appropriate language assistance to the limited English proficiency(LEP)populations each serves. Mandated Action: The Contractor shall,at a minimum,maintain a telephonic interpretation service contract or similar community arrangement with a language interpretation services provider of their choice. The Contractor's staff for this program with public contact must be aware of,and trained in the timely and appropriate use of these language services. The Contractor shall also ensure that LEP persons are informed of the availability of language assistance,free of charge,by providing written notice in languages LEP persons will understand at service locations. 12. 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: 13 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 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. • 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 $12,060/year $18,090/year $22,311/year 2 $16,240/year $24,360/year $30,044/year • Minority. • Low Income Minority—Those minority persons whose income is at or below the poverty threshold. 14 of 51 pages ARTICLE I • E IFMS No. 00000008050 ~Rev. 11-25-16;Law No. 001-6790/6797/6774/6777-4980,6776-3330-95230 Nutrition Program for the Elderly CFDA/Subrecipient Line Item/Omnibus Grant C. Electronic Reporting i. The Contractor shall maintain electronic records on all program participants using the I 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 fte available a to support the approved form. adequate computer equipment and s 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 Peer Place or in subsequent County approved fth(12`h) computer systems. All participant data must be entered completely by the 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 ll contact five (5)working days of service delivery. tassessment is not completed under or2) The sactor neer 1t e Department's Nutrition Unit of any occurrence whereby he 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)of a home visitor at telephone cThe all. or The 11 also make a(6) six-month contact in the form assessment and subsequent reassessments must be entered electronically and completed by the twelfth(12'h) of each month for the previous month's data. 13. Incident Reporting a. The Contractor agrees to provide the Department with reports of all instances of claims,costs, damages,and injuries to persons or property of whatsoever kind arising out of services provided under this Contract. All such notifications should be given to the Department immediately after the incident, if possible,but in no case longer than five(5)days after the incident. The Contractor further agrees to send the Department copies of all 'notices of claim"or any other papers relating to litigation it receives relating to the program covered under this Contract. b. The Contractor will report at least verbally to the Department,within twenty-four(24) ours 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. 15 of 51 pages ARTICLE I I Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 14. 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. 15. 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 New York State Office for the Aging through the 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 Article III Paragraph 20. 16. Contributions a. The Contractor has the obligation to inform each recipient of the service of the opportunity to make a completely voluntary and anonymous contribution toward the cost of the service. Service may not be denied if a person is unable or unwilling to make a contribution. The Contractor must maintain an audit trail of all incoming contributions and make monthly reports of any contributions received. All contributions must be used to enhance services. All printed materials used for the program must include the sources of funding for the Program and must include the following information: Contributions to this(these) service(s) are completely voluntary and anonymous. Service will not be denied because of inability or unwillingness to contribute. Any contribution you wish to make will be used to expand the program and will be greatly appreciated. b. Each recipient of service must be informed in writing of the opportunity to contribute at least annually. 16 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 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. L All sites must post the suggested contribution for program participants. ii. Price of the meal for guests must be posted. iii. The above two (2) 54amounts 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. 17. 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. 18. Monitoring a. Financial Transactions The Department's staff and staff of the New York State Office for the Aging may examine or review evidence regarding the existence,timing and classification of financial transactions that are charged to the program for reimbursement. To obtain this evidence,such staff may examine documentary evidence, including financial statements, financial reports,etc., and original records. Such staff may make physical verification by actually observing or counting certain assets (e.g., cash, equipment and supplies)to establish their physical existence. The Contractor shall cooperate with the Department's periodic physical verification of cash, food, equipment, supplies and other assets of the program. b. Program The Contractor agrees to permit the Department's staff and staff of the New York State Office for the Aging to review program records and to monitor training, supervision and services at any time. 17 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No.00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980, 6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 19. Grievance Procedures In accordance with §306 (a) (10)of the Older Americans Act, as amended(OAA), the Department has established a process for resolving complaints from older persons who are dissatisfied with or denied services funded under Title III of the Act. The Contractor shall comply with the requirements of the Grievance Procedures as set forth in Article IA. 20. 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 18 of 51 pages ARTICLE I ti Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant GENERAL FOOD SPECIFICATIONS FOOD SPECIFICATIONS FOR CYCLE MENUS Meat or Alternate Meats-USDA Choice or Better Preservatives,tenderizers,or coloring agents may not be added to any fresh meat or fresh meat product. Vegetables and Fruits All fresh fruits and fresh vegetables must not contain bisulfates. All fresh fruits and fresh vegetables must be washed. Fresh Fruit Minimum Size Oranges 113 Apples 120 Bananas 150 '/z cup represents drained weight of fruits and vegetables Frozen Vegetables-Grade A-Fancy(USDA) Canned Vegetables-Grade A-Fancy(USDA) Margarine-from liquid vegetable oil and fortified with Vitamin A Bread/Altemate-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 19 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980, 6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant Contractor's Response to RFQ No.NTRN2017 For Nutrition Programs for the Elderly & Targeting, Outreach and Equal Access Copy of Caterers Agreement and Performance Measurements Attachment Town of Southold Privacy Agreement 20 of 51 pages ARTICLE I ' KAREN MCLAUGHLINNutrition Program Town Director of Human S�FFD(� �Q C� Home Delivered Meals Services �4 Gyp► Case Management Town of Southold a .� Essential Transportation 9 P.O.Box 85 y x Senior Adult Day 750 Pacific Street Care/Kadnka House Mattituck,NY 11952 � • Alzheimer's Day Care Tel.(631)2984460 ®1 �a0 Telephone Reassurance Fax(631)298-4462 Residential Repair Southold Senior Services Program Narrative 2017 Nutrition Programs for the Elderly III-C-1 Congregate Nutrition III-C-2 Home Delivered Meals PROGRAM SUA MARY: Southold Town Senior Services marked its 42nd anniversary in 2016.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 (1/1/2016-12/31/2016),the Town of Southold provided 12,044 meals to seniors in our Congregate Dining Program and delivered 24,180 meals to the homebound elderly. Service delivery trends for congregate nutrition and home delivered meals have been slightly below projections the last few years,so I am proposing we modify our service delivery plan for 2017(52 units per day for congregate meals and 101 for home delivered meals).We also remain interested in developing a preliminary plan for providing home delivered meals to eligible seniors on Fishers Island in 2017 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 developing a staffing plan for completing Peer Place 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 2017,our anticipated income for the IH-C-1 (Congregate Dining)Program is$43,000.00 and$75,000 for the ti III-C-2(Home Delivered Meals)Program. Our suggested,voluntary and anonymous F 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 201 is @80 %((congregate) and 57 %(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 a suggestion box is located at the site and 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 daily to address any concerns or problems any senior may have. 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 2016 we are averaging approximately 19 senior participants,which remains unchanged from 2015 (no service in July/August). Our service is currently approved by the SCDOH for a staffed vending operation. In 2017 we will continue to offer transportation for seniors requesting to attend the program in Peconic on regular meeting dates. a 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 2016/17 and is looking to renovate two existing bathrooms and add shower facilities at the Senior Center or the Peconic Community Center. 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 client assessment/profile 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. The Town also has a new website that includes a link for individuals with special needs to register either online or a mail in form to the Town's Emergency Preparedness Team. 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 Geographic Information System(GIS),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. Seniors with no special needs are directed to the general population evacuation shelters. 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 recent major storm events 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. 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 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 t ��y 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.In 2016, 158 in home assessments and 118 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: Southold Senior Services is in the process of making its final transition into a new statewide client database computer system. The Peer Place program currently utilized by New York State Office for the Aging is accessed by our authorized users through the Department of Health's Health Commerce System(HCS)secure web portal that includes client profiles,the assessment tool,workflow pathways and reporting components.All client profiles and services provided are completed by assessors and designated program staff i.e.,Cheryl Kaswell,Account Clerk Typist;Kathleen Mazzaferro, Clerk Typist; and Phyllis Markopoulos and Auristhelia Reinen,Case Managers. Jacqueline Martinez, Senior Center Program Manager is responsible for all required monthly reporting to maintain full compliance with Suffolk County Office for the ��... Arg• 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 2016 we served 5%minority elderly in our Congregate Dining Program and 3.8%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 2016,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 fresh produce and/or transportation to local farm stands.With CAST's help,we were able to expand our outreach to the low income and/or minority elderly. Both Senior Center Manager,Jacqueline Martinez and Case Manager,Auristhelia Reinen,will be assisting the Director in developing and expanding outreach activities,particularly to the elderly Hispanic population 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.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 initiated a free portable ramp lending program to assist seniors in accessing their homes for periods of temporary illness or injury. The ramps are installed by our Maintenance Mechanic to seniors eligible for our Residential Repair Program and they are given an opportunity to make a voluntary and anonymous contribution to the program,with proceeds being used to expand the program. 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 also available to install grab bars or other adaptive devices to assist seniors in need of special equipment. Lastly,we have two available CCTV units on site and at the Island Community Center on Fishers Island to better assist seniors with low vision remain independent with their IADL's. Funding for these magnifiers was provided through New York State Office of Children and Family Services. In 2010 Southold Senior Services partnered with the North Fork Woman for Woman Fund in their NYSOFA's Community Empowerment Aging in Place Grant Program to expand and enhance awareness and service delivery to the lesbian community on the North Fork and we continue to collaborate with them to assist seniors in the community. We currently have a working relationship with SAGE organization to expand their activities and services to the i 7 r LGBT community on the north fork 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. We have also commissioned regular advertisements about our nutrition programs, services and special events with 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. r ti Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant Personal Privacy Protection Agreement Between Suffolk County Office for the Aging And The Town of Southold This Agreement("the Agreement")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 ("SCOFA"), located at the H. Lee Dennison Building — 3rd Floor, 100 Veterans Memorial Highway, Hauppauge, New York(Mailing address: P.O. Box 6100, Hauppauge, New York 11788-0099;and the Town of Southold ("the Contractor") having an address at 53095 Main Road, P.O. Box 1179,Southold, New York 11971. Statewide databases, as defined under Personal Privacy Protection Law (PPPL), Article 6-A of the Public Officers Law, are software systems created, developed, or maintained by a state agency. Such databases and the information entered into these databases are subject to the requirements of the PPPL. The Peer Place Cloud-Based Data Management System ("Data System"), developed by Peer Place Networks, LLC, is maintained by and made available to AAA and its contractors by the New York State Office for the Aging ("NYSOFA"), a state agency, and is therefore a statewide database. Any reference to a System of Records herein shall also refer to a statewide database. I. DEFINITIONS 1. Data Subject: Any natural person about whom Personal Information has been collected by or on behalf of a state agency. 2. Personal Information ("PI"): Any information concerning a data subject which, because of name, number, symbol, mark, or other identifier, can be used to identify that data subject. Any reference to "Personally Identifiable Information" shall mean Personal Information, and the terms may be used interchangeably. 3. Protected Health Information ("PHI"): Protected Health Information carries the definition provided in 45 C.F.R. § 160.103. 4. System of Records: Any group of records under the actual or constructive control of any State agency which includes the Personal Information of one or more Data Subjects. Any reference to "statewide database" shall mean a System of Records, and the terms may be used interchangeably. 5. Health Commerce System ("HCS"): HCS is a secure web portal managed by the New York State Office of Information Technology Services. This secure, web portal is a gateway to a number of applications containing PI and PHI, and thus, designated to meet the highest levels of security. 21 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant The Data System is one of these applications. Only authenticated and authorized users, those who have received proper clearance and have a designated role, shall be granted access. II. RESPONSIBILITIES OF THE CONTRACTOR A. The Contractor acknowledges and understands that the Data System will include information that identifies individuals applying for or receiving services administered by SCOFA underthe auspices of NYSOFA. This information is confidential and privileged. The Contractor shall comply with all applicable Federal and State privacy laws and regulations governing electronically stored data. The Contractor shall comply with PPPL requirements regarding data use, access, disclosure, privacy, and security as set forth in this Agreement. The Contractor shall monitor the performance of its employees, agents, contractors, and subcontractors in complying with the PPPL requirements and those identified in this Agreement. The Contractor shall maintain documentation of such efforts subject to audit. B. The Contractor understands that any statewide database maintained by a state agency, and entry of any Personal Information, as defined in Section Ninety-Two(92)of the Public Officers Law, into such database, are subject to the provisions of the PPPL. The Contractor understands that the requirements imposed by the PPPL will apply to such data due to its location within a system of records maintained by NYSOFA. C. The Contractor understands that, under the PPPL, NYSOFA is required to cause the requirements of the PPPL to be applied to any agreements it executes that relate to the use and entry of data in its systems of records. The Contractor understands that NYSOFA has extended these requirements to SCOFA by separate agreement, and that SCOFA likewise must cause the requirements of the PPPL to be applied to any agreements it executes that relate to the use and entry of data in its systems of records. The Contractor agrees that its use of and entry of data into the statewide database will comply with all requirements applicable to such data under the PPPL. D. The Contractor understands and agrees that the requirements of the PPPL and those identified in this Agreement must also be applied to any contracts and/or subcontracts entered into by the Contractor which involve use of and/or access to the Data System or any Personal Information which is or will be located therein, including the collection of Personal Information and entry into the Data System. The Contractor is responsible for ensuring that all such requirements are extended to all contractors and/or subcontractors. E. The Contractor agrees to comply with all current and future policies, procedures, and instructions issued by NYSOFA or SCOFA relating to the handling of any data which is subject to the PPPL. 22 of 51 pages ARTICLE I r n Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant F. The Contractor will fully inform all employees, agents, and subcontractors authorized to access the statewide database of the confidential nature of the information contained therein, the safeguards required to protect the information, and any civil and criminal sanctions for noncompliance contained in applicable State and Federal laws. G. The Contractor shall make no disclosures of Personal Information other than those allowable under the PPPL or as permitted by SCOFA and/or NYSOFA. H. The Contractor shall comply with instructions issued by NYSOFA or SCOFA that relate to collecting and making available certain client data for purposes of emergency preparedness. Such instructions may require utilization of a module or program made available within the Data System to maintain the information necessary to respond to an emergency and to generate a report of such data in the event of an emergency. I. The Contractor shall comply with the requirements of 45 C.F.R. § 1321.51 and all other applicable federal and state laws and regulations in obtaining the informed consent of individuals from whom information is collected, recorded, or shared in connection with the provision of services. The Contractor will comply with instructions provided by NYSOFA or SCOFA regarding the obtaining of and documenting of informed consent. This includes use by the Contractor of any scripts, processes, and procedures developed by NYSOFA or SCOFA and provided to the Contractor which relate to obtaining and documenting of the informed consent of an individual to capture, share, and/or disclose his or her information, including the use of such information for purposes of emergency preparedness. J. The Contractor must comply with the requirements of the HCS. The Contractor shall designate a dedicated HCS Director and HCS Coordinator upon the execution of the Agreement. K. The Contractor must comply with all password requirements in order to safeguard personal privacy. Ill. Confidentiality of Records A. Notwithstanding the foregoing, the Contractor expressly agrees to preserve the confidentiality of all data and information shared, received, collected, or obtained as a result of this Agreement. No disclosure, re-disclosure or release of such data or information is to be made, permitted, or encouraged by the Contractor or its officers or employees, except as expressly authorized by law. It is further understood and agreed that no such data or information is to be used for personal benefit. The County further agrees that its employees shall be specifically instructed in regard to their obligation to keep such data and information in confidence and their liability upon breach of confidentiality to all the penalties prescribed by law. 23 of 51 pages ARTICLE I f Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant B. The Contractor further agrees to implement such procedures for safeguarding information, as the County shall require. The Contractor further agrees to indemnify and hold the County harmless against any loss, damage, cost or expense arising out of any suit, claim or demand which may be brought or made against the County by reason of a breach of these provisions as specified in Section V of this Agreement. C. Any document of the County used by the Contractor in this Agreement shall remain the property of the County and shall be kept confidential in accordance with applicable laws, rules, and regulations. D. Contractor must develop and implement policies and practices to ensure the maintenance of confidential individual information. IV. TERM, SUSPENSION AND TERMINATION A. The term of this Agreement shall commence upon full execution and shall remain in effect for one (1) year, and thereafter shall be automatically renewed on a yearly basis, unless amended or otherwise terminated in writing as set forth immediately below. B. SCOFA may immediately suspend, limit, or terminate this Agreement and/or access by the Contractor, its agents, employees, or subcontractors to the Data System in writing by SCOFA upon a failure to comply with: i. the terms of this Agreement; or ii. any applicable federal or state laws or regulations such that it compromises the security and/or integrity of the Data System or the data contained therein. C. To the extent necessary to comply with the requirements of the PPPL and any other applicable State or Federal law, the terms of this Agreement shall survive its termination. D. SCOFA's right to terminate this Agreement for breach thereof shall not limit the right of the SCOFA to undertake any other action under the Agreement, or State or Federal law, to enforce this Agreement and secure satisfactory corrective action, or to undertake other remedial actions permitted by State or Federal law to effect adherence to the requirements herein, including seeking damages, penalties, and restitution as permitted under such law. V. GENERAL PROVISIONS A. No modification of this Agreement will be effective unless it is in writing and fully executed by the parties hereto. Any failure to enforce a provision of this Agreement shall not be construed as a waiver of any succeeding breach of such provision, or a waiver of the provision itself. 24 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No.00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant B. The Contractor may not assign this Agreement, its obligations, or any interest hereunder. Any assignment of this Agreement shall be null and void. C. The Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venue shall be designated in the Supreme Court, Suffolk County, the United States District Court for the Eastern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. D. If any term or provision, or portion thereof, of this Agreement is, or becomes, invalid or unenforceable under any applicable statute or rule of law or public policy, it is to be deemed severed from this Agreement to the extent of its unenforceability or invalidity, and shall have no effect on the validity or enforceability of any other term or provision, or of this Agreement as a whole, which shall remain in full force and effect. E. The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands,judgments, losses, suits or actions, costs, and expenses caused,by the negligence or any acts or omissions of the Contractor, including reimbursement of the cost of reasonable attorneys'fees incurred by the County, its agents, servants, officials, and employees in any action or proceeding arising out of,, or in connection with, the Agreement. F. The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing the terms of this Agreement. The Contractor agrees that it shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses arising out of any claim asserted for infringement of copyright, including reimbursement of the cost of reasonable attorneys'fees incurred by the County, its agents,servants, officials, and employees in any action or proceeding arising out of or in connection with any claim asserted for infringement of copyright. G. The Contractor shall defend the County, its agents, servants, officials, and employees in any proceeding or action, including appeals, arising out of, or in connection with,the Agreement, and any copyright infringement proceeding or action. Alternatively, at the County's option, the County may defend any such proceeding or action and require the Contractorto pay reasonable attorneys'fees or salary costs of County employees of the Department of Law for the defense of any such suit. H. The Contractor hereby waives, releases and forever discharges the County, its successors, executors, administrators, heirs, assigns, officers, officials, employees, contractors,agents and other persons from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, 25 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant variances,trespasses, damages,judgments, extents, executions, claims and demands whatsoever, known or unknown, direct or consequential, foreseen and unforeseen, matured or unmatured, concealed or in law, admiralty or equity, which the Contractor, its heirs, successors or assigns, ever had, now have, or hereafter can, shall or may have for, upon, or by reason of any matter, cause or thing whatsoever, from the beginning of time to the date of this Agreement. I. The Contractor shall not, during the Term, pursue a course of conduct which would cause a reasonable person to believe that he or she is likely to be engaged in acts that create a substantial conflict between its obligations under the Agreement and its private interests. The Contractor is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue as long as the Term. The determination as to whether or when a conflict may potentially exist shall ultimately be made by the County Attorney of the County of Suffolk after full disclosure is obtained. J. The Contractor and the County shall render diligently to each other, without compensation, any and all cooperation that may be required to defend the other party, its employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives arising out of, or in connection with, the Agreement. K. It is expressly agreed that the status of the Contractor and the County hereunder are that of independent contractors. Neither the Contractor nor any person hired by the Contractor shall be considered employees of the County for any purpose whatsoever. Likewise, neither the County nor any person hired by the County shall be considered employees of the Contractor for any purpose whatsoever. L. It is expressly agreed that this instrument represents the entire agreement of the parties and that all previous understandings are merged in this Agreement. M. This Agreement shall not be construed to inure to the benefit of third parties. N. All notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1)to the Contractor at the address on page 1 of the,Agreement and 2)to the County at the Department, or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to SCOFA and also to the County Attorney at 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 11788-0099. 26 of 51 pages ARTICLE I Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 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(12t ) 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 27 of 51 pages ARTICLE I v Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980, 6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant Article IA Grievance Procedures 1. Purpose In accordance with§306(a)(10)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 services by the Contractor and the Department's 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 Aging's Program Administrator. ii. The grievance should be filed within thirty(3 0)days of denial,reduction or termination of services,or of the event or circumstances with which the participant is dissatisfied.Aging's Program Administrator may grant an extension for good cause shown. iii. The grievance should be filed on the form approved by 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. 28 of 51 pages ARTICLE I s t Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 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. 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; 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 29 of 51 pages ARTICLE I ti Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant Article II d. the Contractor's failure to comply with any Definitions Federal,State or local law,rule,or regulation,and County policies or directives;or 1. Meanings of Terms e. the Contractor's bankruptcy or insolvency;or As used herein: f. the Contractor's failure to cooperate in an Audit of "Audit of Financial Statements"means the examination by Financial Statements;or the Comptroller and any Federal or State auditing authority of the financial statements of the Contractor resulting in the g. the Contractor's falsification of records or reports, publication of an independent opinion on whether or not those misuse of funds,or malfeasance or nonfeasance in financial statements are relevant,accurate,complete,and fairly financial record keeping arising out of, or in presented. connection with,any contract with the County;or "Budget"means the Contractor's summary or plan of all h. the Contractor's failure to submit, or failure to intended revenue,whether received in the form of fees,grants,County timely submit,documentation to obtain Federal or funding,or any other source,and expenditures necessary to render the State funds;or Services. i. the inability of the County or the Contractor to "Budget Deficiency Plan" means an analysis of the cost of the obtain Federal or State funds due to any act or Services,changes in fiscal conditions,and required modifications to the omission of the Contractor;or Contract to continue to render the Services. j. any condition that the County determines, in its "Comptroller"means the Comptroller of the County of Suffolk. sole discretion,is dangerous. "Contract"means all terms and conditions of this Contract forming all "Federal"means the United States government,its departments,and rights and obligations of the Contractor and the County. agencies. "Contractor"means the signatory corporation, its officers,officials, "Fringe Benefits"means non-wage benefits which accompany,or are employees, agents, servants, sub-contractors, and any successor or in addition to, a person's salary, such as paid insurance, sick leave, assign of any one or more of the foregoing performing the Services. profit-sharing plans,paid holidays,and vacations. "County"means the County of Suffolk,its departments,and agencies. "Fund Source" means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "County Attorney" means the County Attorney of the County of Suffolk. "Legislature"means the Legislature of the County of Suffolk. "Department"means the signatory department approving the Contract. "Management Letter" means a letter certified as true by the Contractor's certified public accountant or chief financial officer of "Engineering Services" means the definition of the practice of findings and recommendations for improvements in internal fiscal engineering and the definition of practice of land surveying,as the case control that were identified during an Audit of Financial Statements,but may be,under Section 7201 and Section 7203 of the State Education which were not required to be included in an audit report. Law,respectively. "Municipal Corporation"means a town,village,or school district. "Event of Default"means "Services"means all that which the Contractor must do,and any part a. the Contractor's failure to perform any duty thereof arising out of,or in connection with,the Contract as described required of it under paragraphs 1(b)-(e)of Article in Article I"Description of Services." III of the Contract;or "State"means the State of New York. b. the Contractor's failure to maintain the amount and types of insurance with an authorized insurer as "Statement of Other Contracts" means a complete list of all other required by the Contract;or contracts under which money has been or will be paid to the Contractor from the County, Federal, or State governments, or a Municipal C. the Contractor's failure to maintain insurance Corporation, and(i)which are currently in effect or(ii)which have required by the Contract with an insurer that has expired within the past twelve(12)months and have not been renewed. designated the New York Superintendent of Insurance as its lawful agent for service of process; or "Suffolk County Payment Voucher"means the document authorized and required by the Comptroller for release of payment. 30 of 51 pages ARTICLE II a Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant "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 31 of 51 pages ARTICLE II a N Rev. 11-25-16;Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980, 6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant Article III generality of the foregoing, if any part of the General Terms and Conditions Contract remains to be performed, and the termination of the license does not affect the 1. Contractor Responsibilities Contractor's ability to render the Services, every other tern and provision of the Contract shall be a. Duties and Obligations valid and enforceable to the fullest extent permitted by law. i.) It shall be the duty of the Contractor to 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 The Contractor shall maintain on file, in one location in provisions of the Contract. Suffolk County, all records that demonstrate that it has complied with sub-paragraphs(b)and(c)above.The address ii.) The Contractor shall promptly take all of the location of the aforesaid records and documents shall action as may be necessary to render the Services. be provided to the County no later than the date of execution of the Contract. Such documentation shall be kept, iii.) The Contractor shall not take any action maintained,and available for inspection by the County upon that is inconsistent with the provisions of the twenty-four(24)hours notice. 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 process b. Qualifications, Licenses, and Professional to qualify the Contractor to render the Services,the Standards Contractor shall complete the required credentialing process. In the event that any State The Contractor represents and warrants that it has,and shall credential, registration, certification or license, continuously possess,during the Term,the required licensing, Drug Enforcement Agency registration, or education,knowledge,experience,and character necessary to Medicare or Medicaid certification is restricted, qualify it to render the Services. suspended,or temporarily or permanently revoked, it is the duty of the Contractor to contact the The Contractor shall continuously have during the Term all Department,or division thereof,as the case may be, required authorizations, certificates, certifications, in writing, no later than three(3)days after such registrations,licenses,permits,and other approvals required restriction,suspension,or revocation. by Federal, State, County, or local authorities necessary to qualify it to render the Services. ii.) The Contractor shall forward to the Department,or division thereof;as the case may be, C. Notifications on or before July 1 of each year during the Term,a complete list of the names and addresses of all i.) The Contractor shall immediately notify persons providing the Services, as well as their the County, in writing, of any disciplinary respective areas of certification, credentialing, proceedings, commenced or pending, with any registration,and licensing. authority relating to a license held by any person necessary to qualify him,her,or the Contractor to f. Engineering Certificate perform the Services. In the event that the Contract requires any Engineering ii.) In the event that a person is no longer Services,the Contractor shall submit to the County,no later licensed to perform the Services, the Contractor than the due date for submission for approval of any must immediately notify the County, but in no engineering work product,the Certificate of Authorization event shall such notification be later than five(5) ("Certificate"), issued pursuant to § 7210 of the New York days after a license holder has lost the license Education Law,of every person performing any Engineering required to qualify the license holder or the Services. The failure to file, submit, or maintain the Contractor to perform the Services. Certificate shall be grounds for rejection of any engineering work product submitted for approval. iii.) In the event that the Contractor is not able to perform the Services due to a loss of 2. Termination license,the Contractor shall not be reimbursed for the Services rendered after the effective date of a. Thirty Days Termination termination of such license. Without limiting the 32 of 51 pages ARTICLE III a Rev. 11-25-16;Law No. IFMS No.00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant The County shall have the right to terminate the Contract incurred by the County, its agents, servants, officials, and without cause,for any reason,at any time,upon such terms employees in any action or proceeding arising out of,or in and conditions it deems appropriate,provided,however,that connection with,the Contract. no such termination shall be effective unless the Contractor is given at least thirty(30)days notice. b. The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing the b. Event of Default;Termination on Notice Services. The Contractor agrees that it shall protect, indemnify,and hold harmless the County,its agents,servants, i.) The County may immediately terminate officials,and employees from and against all liabilities,fines, the Contract, for cause, upon such terms and penalties, actions, damages, claims, demands,judgments, conditions it deems appropriate, in the Event of losses,suits or actions,costs,and expenses arising out of any Default. claim asserted for infringement of copyright, including reimbursement of the cost of reasonable attorneys' fees ii.) If the Contractor defaults under any other incurred by the County, its agents, servants, officials, and provision of the Contract, the County may employees in any action or proceeding arising out of or in terminate the Contract, on not less than five (5) connection with any claim asserted for infringement of days notice, upon such terms and conditions it copyright. deems appropriate. C. The Contractor shall defend the County,its agents, C. Termination Notice servants, officials, and employees in any proceeding or action, including appeals, arising out of, or in connection Any notice providing for termination shall be delivered as with, the Contract, and any copyright infringement provided for in paragraph 27 of this Article III. proceeding or action.Alternatively,at the County's option, the County may defend any such proceeding or action and d. Duties upon Termination require the Contractor to pay reasonable attorneys' fees or salary costs•of County employees of the Department of Law i.) The Contractor shall discontinue the for the defense of any such suit. Services as directed in the termination notice. 4. Insurance ii.) Subject to any defenses available to it, the County shall pay the Contractor for the a. The Contractor shall continuously maintain,during Services rendered through the date of termination. the Term of-the Contract,insurance in amounts,and types as follows: iii.) , The County is released from any and all liability under the Contract,effective asof the date of the termination notice. i.) Commercial General Liability insurance, including contractual liability coverage, in an iv.) Upon termination, the Contractor shall amount not less than Two Million Dollars reimburse the County the balance of any funds ($2,000,000.00) per occurrence for bodily injury advanced to the Contractor by the County no later and Two Million Dollars ($2,000,000.00) per than thirty (30) days after termination of the occurrence for property damage. The.County shall Contract. The provisions of this subparagraph shall be named an additional insured. survive the expiration or termination of the Contract. ii.) Automobile Liability insurance (if any non-owned or owned vehicles are used by the V.) Nothing contained in this paragraph shall Contractor in the performance of the Contract)in be construed as a limitation on the County's rights an amount not less than Five Hundred Thousand set forth in paragraphs 1(c) (iii) and 8 of this Dollars($500,000.00)per person,per accident,for Article III. bodily injury and not less than One Hundred Thousand Dollars ($100,000.00) for property 3. Indemnification and Defense damage per occurrence.The County shall be named an additional insured. a. The Contractor shall protect,indemnify,and hold harmless the County, its agents, servants, officials, and iii.) Workers'Compensation and Employer's employees from and against all liabilities, fines, penalties, Liability insurance in compliance with all actions,damages,claims,demands,judgments,losses,suits applicable New York State laws and regulations or actions,costs,and expenses caused by the negligence or and Disability Benefits insurance, if required by any acts or omissions of the Contractor, including law. The Contractor shall furnish to the County, reimbursement of the cost of reasonable attorneys' fees prior to its execution of the Contract, the 33 of 51 pages ARTICLE III y Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant documentation required by the State of New York 5. Independent Contractor Workers' Compensation Board of coverage or exemption from coverage pursuant to§§57 and 220 The Contractor is not, and shall never be, considered an of the Workers'Compensation Law. In accordance employee of the County for any purpose. Notwithstanding with General Municipal Law §108, the Contract anything contained in this Contract,the Contract shall not be shall be void and of no effect unless the Contractor construed as creating a principal-agent relationship between shall provide and maintain coverage during the the County and the Contractor or the Contractor and the Term for the benefit of such employees as are County,as the case may be. required to be covered by the provisions of the Workers'Compensation Law. - 6. Severability iv.) Professional Liability insurance in an It is expressly agreed that if any term or provision of this amount not less than Two Million Dollars Contract, or the application thereof to any person or ($2,000,000.00) on either a per-occurrence or circumstance,shall be held invalid or unenforceable to any claims-made coverage basis. extent,the remainder of the Contract, or the application of such term or provision to persons or circumstances other than b. The County may mandate an increase in the liability those as to which it is held invalid or unenforceable,shall not limits set forth in the immediately preceding paragraphs be affected thereby,and every other term and provision of the (4)(a)(i),(ii),.and(iv). Contract shall be valid and shall be enforced to the fullest extent permitted by law. C. All policies providing such coverage shall be issued by insurance companies authorized to do business in New 7. Merger;No Oral Changes York with an A.M.Best rating of A-or better. It is expressly agreed that the Contract represents the entire d. The Contractor shall furnish to the County,prior to agreement of the parties and that all previous understandings the execution of the Contract, declaration pages for each are herein merged in the Contract. No modification of the policy of insurance, other than a policy for commercial Contract shall be valid unless in written form and executed by general liability insurance, and upon demand, a true and both parties. certified original copy of each such policy evidencing compliance with the aforesaid insurance requirements. 8. Set-Off Rights e. In the case of commercial general liability insurance The County shall have all of its common law,equitable,and and business use automobile insurance,the Contractor shall statutory rights of set-off. These rights shall include,but not furnish to the County,prior to the execution of the Contract,a be limited to,the County's option to withhold from a Fund declaration page or insuring agreement and endorsement page Source an amount no greater than any sum due and owing to -evidencing the County's status as an additional insured on the County for any reason. The County shall exercise its set- said policy, and upon demand,a true and certified original off rights subject to approval by the County Attorney. In copy of such policy evidencing compliance with the aforesaid cases of set-off pursuant to a Comptroller's audit,the County insurance requirements. shall only exercise such right after the finalization thereof, and only after consultation with the County Attorney. f. All evidence of insurance shall provide for the County to be notified in writing thirty(30)days prior to any 9. Non-Discrimination in Services cancellation,nonrenewal,or material change in the policy to which such evidence relates. It shall be the duty of the a. The Contractor shall not,on the grounds of race, Contractor to notify the County immediately of any creed, color, national origin, sex, age, disability, sexual cancellation,nonrenewal,or material change in any insurance orientation,military status,or marital status policy. i.) deny any individual the Services g. In the event the Contractor shall fail to provide provided pursuant to the Contract;or evidence of insurance,the County may provide the insurance ii.) provide the Services to an individual that required in such manner as the County deems appropriate and is different, or provided in a different deduct the cost thereof from a Fund Source. manner, from those provided to others pursuant to the Contract;or h. If the Contractor is a Municipal Corporation and iii.) subject an individual to segregation or has a self-insurance program under which it acts as a self separate treatment in any matter related insurer for any of such required coverage,the Contractor shall to the individual's receipt of the Services provide proof, acceptable to the County, of self-funded provided pursuant to the Contract;or coverage. iv.) restrict an individual in any way from any advantage or privilege enjoyed by 34 of 51 pages ARTICLE III Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant others receiving the Services provided 13. Conflicts of Interest pursuant to the Contract;or treat an individual differently from others The Contractor shall not,during the Term,pursue a course of in determining whether or not the conduct which would cause a reasonable person to believe individual satisfies any eligibility or that he or she is likely to be engaged in acts that create a other requirements or conditions which substantial conflict between its obligations under the Contract individuals must meet in order to receive and its private interests. The Contractor is charged with the the Services provided pursuant to the duty to disclose to the County the existence of any such Contract. adverse interests, whether existing or potential. This duty shall continue as long as the Term.The determination as to b. The Contractor shall not utilize criteria or methods whether or when a conflict may potentially exist shall of administration which have the effect of subjecting ultimately be made by the County Attorney after full individuals to discrimination because of their race, creed, disclosure is obtained. color,national origin,sex,age,disability,sexual orientation, military status, or marital status, or have the effect of 14. Cooperation on Claims substantially impairing the Contract with respect to individuals of a particular race,creed,color,national origin, The Contractor and the County shall render diligently to each sex, age, disability, sexual orientation, military status, or other, without compensation, any and all cooperation that marital status,in determining: may be required to defend the other party,its employees and designated representatives, against any claim, demand or i.) the Services to be provided;or action that may be brought against the other party, its employees or designated representatives arising out of,or in ii.) the class of individuals to whom,or the connection with,the Contract. situations in which,the Services will be provided;or 15. Confidentiality iii.) the class of individuals to be afforded an Any document of the County,or any document created by the opportunity to receive the Services. Contractor and used in rendering the Services,shall remain the property of the County and shall be kept confidential in 10. Nonsectarian/Nonpartisan Declaration accordance with applicable laws,rules,and regulations. The Services performed under the Contract are secular and 16. Assignment and Subcontracting non partisan in nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to further the a. The Contractor shall not delegate its duties under advancement of any religion, candidate or partisan effort.. the Contract,or assign,transfer,convey,subcontract,sublet, The Services will be available to all eligible individuals or otherwise dispose of the Contract,or any of its right,title regardless of religious belief or political affiliation. or interest therein,or its power to execute the Contract,or assign all or any portion of the moneys that may be due or 11. Governing Law become due hereunder, (collectively referred to in this paragraph 16 as"Assignment"),to any other person,entity or The Contract shall be governed by, and construed in thing without the prior written consent of the County,and any accordance with,the laws of the State of New York,without attempt to do any of the foregoing without such consent shall regard to conflict of laws.Venue shall be designated in the be void ab initio. Supreme Court, Suffolk County, the United States District Court for the Eastern District ofNew York,or,if appropriate, b. Such Assignment shall be subject to all of the a court of inferior jurisdiction in Suffolk County. provisions of the Contract and to any other condition the County requires. No approval of any Assignment shall be 12. No Waiver construed as enlarging any obligation of the County under the terms and provisions of the Contract. No Assignment of the It shall not be construed that any failure or forbearance of the Contract or assumption by any person of any duty of the County to enforce any provision of the Contract in any Contractor under the Contract shall provide for,or otherwise particular instance or instances is a waiver of that provision. be construed as, releasing the Contractor from any term or Such provision shall otherwise remain in full force and effect, provision of the Contract. notwithstanding any such failure or forbearance. 35 of 51 pages ARTICLE III Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 17. Changes to Contractor responsibility,character,and reputation of the proposed transferee,nature of the a. The Contractor may,from time to time,only with proposed assignee/transferee's business the County's written consent,enter into a Permitted Transfer. and experience; For purposes of the Contract,a Permitted Transfer means: V.) all executed forms required pursuant to i.) if the Contractor is a partnership, the Article IV of the Contract, that are withdrawal or change, whether required to be submitted by the voluntary,involuntary or by operation of Contractor;and law, of the partners, or transfer of partnership interests (other than the vi.) such other information as the County purchase of partnership interests by may reasonably require. existing partners,by the partnership itself or the immediate family members by d. The County agrees that any request for its consent reason of gift, sale or devise), or the to a Permitted Transfer shall be granted, provided that the dissolution of the partnership without transfer does not violate any provision of the Contract,and immediate reconstitution thereof,and the transferee has not been convicted of a criminal offense as described under Article II of Chapter 189 of the Suffolk ii.) if the Contractor is a closely held County Code. The County shall grant or deny its consent to corporation (i.e. whose stock is not any request of a Permitted Transfer within twenty(20)days publicly held and not traded through an after delivery to the County of the Transfer Notice, in exchange or over the counter): accordance with the provisions of Paragraph 27 of Article III of the Contract. If the County shall not give written notice to 1. the dissolution, merger, the Contractor denying its consent to such Permitted Transfer consolidation or other (and setting forth the basis for such denial in reasonable reorganization of the detail)within such twenty(20)-day period,then the County Contractor;and shall be deemed to have granted its consent to such Permitted Transfer. 2, the sale or other transfer of twenty percent(20%)or more e. Notwithstanding the County's consent, of the shares of the Contractor (other than to existing i.) the terms and conditions of the Contract shareholders, the corporation shall in no way be deemed to have been itself or the immediate family waived or modified;and members of shareholders by reason of gift,sale or devise). ii.) such consent shall not be deemed consent to any further transfers. b. If the Contractor is a not-for-profit corporation,a change of twenty percent (20%) or more of its shares or 18. No Intended Third Party Beneficiaries members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the C. The Contractor shall notify the County in writing, County and the Contractor. No third party shall be deemed a which notice(the"Transfer Notice")shall include: beneficiary of the Contract and no third party shall have the right to make any claim or assert any right under the Contract. i.) the proposed effective date of the Permitted Transfer, which shall not be 19. Certification as to Relationships less than thirty(30)days nor more than one hundred eighty(180)days after the The Contractor certifies under penalties of perjury that,other date of delivery of the Transfer Notice; than through the funds provided in the Contract and other valid agreements with the County,there is no known spouse, ii.) a summary of the material terms of the life partner, business, commercial, economic, or financial proposed Permitted Transfer; relationship with the County or its elected officials. The Contractor also certifies that there is no relationship within iii.) the name and address of the proposed the third degree of consanguinity, between the Contractor, transferee; any of its partners, members, directors, or shareholders owning five(5%)percent or more of the Contractor,and the iv.) such information reasonably required by County. The foregoing certification shall not apply to a the County, which will enable the contractor that is a municipal corporation or a government County to determine the financial entity. 36 of 51 pages ARTICLE III i z Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980, 6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant ensure that its employees, consultants, subcontractors, 20. Publications vendors and agents do all acts and execute any documents, necessary to vest ownership in the County of any and all Any book,article,report,or other publication related to the patent eligible subject matter. The Contractor may not apply Services provided pursuant to this Contract shall contain the for or secure for itself patent protection. The County reserves following statement in clear and legible print: to itself,and the Contractor hereby gives to the County,and to any other person designated by the County, consent to "This publication is fully or partially funded produce or otherwise use any item so discovered and/or the by the County of Suffolk." right to secure a patent for the discovery or invention. This paragraph shall survive any completion, expiration or 21. Copyrights and Patents termination of this Contract. a. Copyrights 22. Arrears to County Any and all materials generated by or on behalf of the Contractor warrants that, except as may otherwise be Contractor while performing the Services(including,without authorized by agreement, it is not in arrears to the County limitation,designs,images,video,reports,analyses,manuals, upon any debt,contract,or any other lawful obligation,and is films,tests,tutorials,and any other work product of any kind) not in default to the County as surety. and all intellectual property rights relating thereto ("Work Product")are and shall be the sole property of the County. 23. Lawful Hiring of Employees Law in Connection with The Contractor hereby assigns to the County its entire right, Contracts for Construction or Future Construction title and interest,if any,to all Work Product,and agrees to do all acts and execute all documents,and to use its best efforts In the event that the Contract is subject to the Lawful Hiring to ensure that its employees, consultants, subcontractors, of Employees Law of the County of Suffolk,Suffolk County vendors and agents do all acts and execute any documents, Code Article II of Chapter 353,as more fully set forth in the necessary to vest ownership in the County of any and all Article entitled"Suffolk County Legislative Requirements," Work Product. The Contractor may not secure copyright the Contractor shall maintain the documentation mandated to protection. The County reserves to itself,and the Contractor be kept by this law on the construction site at all times. hereby gives to the County, and to any other person Employee sign-in sheets and register/log books shall be kept designated by the County, consent to produce, reproduce, on the construction site at all times and all covered publish,translate,display or otherwise use the Work Product. employees, as defined in the law, shall be required to sign This paragraph shall survive any completion,expiration or such sign-in sheets/register/log books to indicate their termination of this Contract. presence on the construction site during such working hours. The County shall be deemed to be the author of all the Work 24. Certification Regarding Lobbying Product. The Contractor acknowledges that all Work Product shall constitute "work made for hire" under the U.S. Together with this Contract and as a condition precedent to copyright laws. To the extent that any Work Product does not its execution by the County, the Contractor shall have constitute a "work made for hire," the Contractor hereby executed and delivered to the County the Certification assigns to the County all right,title and interest,including the Regarding Lobbying (if payment under this Contract may right,title and interest to reproduce,edit, adapt, modify or exceed $100,000) as required by Federal regulations, and otherwise use the Work Product, that the Contractor may shall promptly advise the County of any material change in have or may hereafter acquire in the Work Product,including any of the information reported on such Certification, and all intellectual property rights therein, in any manner or shall otherwise comply with, and shall assist the County in medium throughout the world in perpetuity without complying with, said regulations as now in effect or as compensation. This includes,but is not limited to,the right amended during the term of this Contract. to reproduce and distribute the Work Product in electronic or optical media,or in CD-ROM,on-line or similar format. 25. Record Retention b. Patents The Contractor shall retain all accounts,books,records,and other documents relevant to the Contract for seven(7)years If the Contractor develops, invents, designs or creates any after final payment is made by the County. Federal, State, idea, concept, code, processes or other work or materials and/or County auditors and any persons duly authorized by during the Term, or as a result of any Services performed the County shall have full access and the right to examine any under the Contract("patent eligible subject matter"),it shall of said materials during said period. Such access is granted be the sole property of the County. The Contractor hereby notwithstanding any exemption from disclosure that may be assigns to the County its entire right,title and interest,if any, claimed for those records which are subject to nondisclosure to all patent eligible subject matter,and agrees to do all acts agreements, trade secrets and commercial information or and execute all documents, and to use its best efforts to financial information that is privileged or confidential 37 of 51 pages ARTICLE III i 1 Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 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. 27. Notice Unless otherwise expressly provided,all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1.) to the Contractor at the address on page 1 of the Contract and 2.)to the County at the Department,or as to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to the addressor. All notices received by the Contractor relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O.Box 6100,(Sixth Floor),Hauppauge,New York,11788- 0099. End of Text for Article III 38 of 51 pages ARTICLE III i Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant Application for County Compensation(Contract)." Article IV Suffolk County Legislative Requirements Suffolk County Living Wage Form LW-38;entitled"Suffolk County Department of Labor—Living Wage Unit Living NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE Wage Certification/Declaration—Subject To Audit." REQUIRED FORMS REFERENCED HEREIN ARE AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON 3. Use of County Resources to Interfere with Collective THE SIGNATURE PAGE OF THIS CONTRACT. Bargaining Activities It shall be the duty of the Contractor to read,become familiar 1. Contractor'sNendor's Public Disclosure Statement with, and comply with the requirements of Article I of Chapter 803 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of section A5-8 of County Contractors (as defined by section 803-2) shall Article V of the Suffolk County Code. comply with all requirements of Chapter 803 of the Suffolk County Code,including the following prohibitions: Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-8 of Article V of a. The Contractor shall not use County funds to assist, the Suffolk County Code, the Contractor represents and promote,or deter union organizing. warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County b. No County funds shall be used to reimburse the Administrative Code Article V,section A5-8 and shall file an Contractor for any costs incurred to assist,promote, update of such statement with the Comptroller on or before or deter union organizing. the 31 st day of January in each year of the Contract's duration. The Contractor acknowledges that such filing is a C. No employer shall use County property to hold a material,contractual and statutory duty and that the failure to meeting with employees or supervisors if the file such statement shall constitute a material breach of the purpose of such meeting is to assist,promote, or Contract, for which the County shall be entitled, upon a deter union organizing. determination that such breach has occurred,to damages,in addition to all other legal remedies,of fifteen percent(15%) If the Services are performed on County property, the of the amount of the Contract. Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non- Required Form: intimidation agreement, and a majority authorization card Suffolk County Form SCEX 22; entitled agreement. "Contractor'sNendor's Public Disclosure Statement" If the Services are for the provision of human services and are 2. Living Wage Law not to be performed on County property,the Contractor must adopt,at the least,a neutrality agreement. It shall be the duty of the Contractor to read,become familiar Under the provisions of Chapter 803,the County shall have with, and comply with the requirements of Chapter 575, of the authority,under appropriate circumstances,to terminate the Suffolk County Code. the Contract and to seek other remedies as set forth therein, This Contract is subject to the Living Wage Law of the for violations of this Law. County of Suffolk. The law requires that, unless specific Required Form: exemptions apply, all employers(as defined)under service Suffolk County Labor Law Form DOL-LO 1;entitled"Suffolk contracts and recipients of County financial assistance, (as County Department of Labor—Labor Mediation Unit Union defined) shall provide payment of a minimum wage to Organizing Certification/Declaration-Subject to Audit." employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under 4. Lawful Hiring of Employees Law the provisions of the Living Wage Law,the County shall have the authority,under appropriate circumstances,to terminate It shall be the duty of the Contractor to read,become familiar the Contract and to seek other remedies as set forth therein, with, and comply with the requirements of Article II of for violations of this Law. Chapter 353 of the Suffolk County Code. Required Forms: This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered Suffolk County Living Wage Form LW-1;entitled"Suffolk employers,(as defined),and the owners thereof,as the case County Department of Labor—Living Wage Unit Notice of may be,that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, 39 of 51 pages ARTICLE IV 1 Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant payment, tax incentive, contract, subcontract, license law,shall be required to sign such sign-in sheets/register/log agreement,lease or other financial compensation agreement books to indicate their presence on the site during such issued by the County or an awarding agency, where such working hours. compensation is one hundred percent(100%)funded by the County, shall submit a completed sworn affidavit (under Required Forms: penalty of perjury),the form of which is attached,certifying that they have complied,in good faith,with the requirements Suffolk County Lawful Hiring of Employees Law Form LHE- of Title 8 of the United States Code Section 1324a with 1;entitled"Suffolk County Department of Labor—Notice Of respect to the hiring of covered employees(as defined)and Application To Certify Compliance With Federal Law (8 with respect to the alien and nationality status of the owners U.S.C. Section 1324a) With Respect To Lawful Hiring of thereof. The affidavit shall be executed by an authorized Employees." representative of the covered employer or owner,as the case may be;shall be part of any executed contract,subcontract, Suffolk County Lawful Hiring of Employees Law Form LHE- license agreement, lease or other financial compensation 2;entitled"Affidavit Of Compliance With The Requirements agreement with the County; and shall be made available to Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring the public upon request. Of Employees" All contractors and subcontractors (as defined) of covered 5. Gratuities employers,and the owners thereof,as the case may be,that are assigned to perform work in connection with a County It shall be the duty of the Contractor to read,become familiar contract, subcontract, license agreement, lease or other with,and comply with the requirements of Chapter 664 of the financial compensation agreement issued by the County or Suffolk County Code. awarding agency,where such compensation is one hundred percent(100%) funded by the County, shall submit to the The Contractor represents and warrants that it has not offered covered employer a completed sworn affidavit(under penalty or given any gratuity to any official,employee or agent of the of perjury),the form of which is attached,certifying that they County or the State or of any political party,with the purpose have complied,in good faith,with the requirements ofTitle 8 or intent of securing an agreement or securing favorable of the United States Code Section 1324a with respect to the treatment with respect to the awarding or amending of an hiring of covered employees and with respect to the alien and agreement or the making of any determinations with respect nationality status of the owners thereof,as the case may be. to the performance of an agreement. The affidavit shall be executed by an authorized representative of the contractor,subcontractor,or owner,as 6, Prohibition Against Contracting with Corporations the case may be; shall be part of any executed contract, that Reincorporate Overseas subcontract, license agreement, lease or other financial compensation agreement between the covered employer and It shall be the duty of the Contractor to read,become familiar the County;and shall be made available to the public upon with, and comply with the requirements of sections A4-13 request. and A4-14 of Article IV of the Suffolk County Code. An updated affidavit shall be submitted by each such The Contractor represents that it is in compliance with employer,owner,contractor and subcontractor no later than sections A4-13 and A4-14 of Article IV of the Suffolk January 1 of each year for the duration of any contract and County Code. Such law provides that no contract for upon the renewal or amendment of the Contract, and consulting services or goods and services shall be awarded by whenever a new contractor or subcontractor is hired under the the County to a business previously incorporated within the terms of the Contract. U.S.A.that has reincorporated outside the U.S.A. The Contractor acknowledges that such filings are a material, 7. Child Sexual Abuse Reporting Policy contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the It shall be the duty of the Contractor to read,become familiar Contract. with, and comply with the requirements of Article II of Under the provisions of the Lawful Hiring of Employees Chapter 880 of the Suffolk County Code. Law, the County shall have the authority to terminate the The Contractor shall comply with Article II of Chapter 880, Contract for violations of this Law and to seek other remedies of the Suffolk County Code, entitled"Child Sexual Abuse available under the law. Reporting Policy,"as now in effect or amended hereafter or The documentation mandated to be kept by this law shall at of any other Suffolk County Local Law that may become all times be kept on site. Employee sign-in sheets and applicable during the term of the Contract with regard to register/log books shall be kept on site at all times during child sexual abuse reporting policy. working hours and all covered employees,as defined in the 40 of 51 pages ARTICLE IV i Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant 8. Non Responsible Bidder withhold payment,terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. It shall be the duty of the Contractor to read,become familiar with, and comply with the requirements of Article II of 12. Safeguarding Personal Information of Minors Chapter 189 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar Upon signing the Contract,the Contractor certifies that it has with, and comply with the requirements of Suffolk County not been convicted of a criminal offense within the last ten Local Law No. 20-2013, a Local Law to Safeguard the (10)years. The term"conviction" shall mean a finding of Personal Information of Minors in Suffolk County. guilty after a trial or a plea of guilty to an offense covered under section 189-5 of the Suffolk County Code under All contract agencies that provide services to minors are under section sponsible Bidder." required to protect the privacy of the minors and are strictly prohibited from selling or otherwise providing to any third 9. Use of Funds in Prosecution of Civil Actions party,in any manner whatsoever,the personal or identifying Prohibited information of any minor participating in their programs. It shall be the duty of the Contractor to read,become familiar 13. Contract Agency Performance Measures and with, and comply with the requirements of Article III of Reporting Requirements Chapter 893 of the Suffolk County Code. It shall be the duty of the Contractor to read,become familiar The Contractor shall not use any of the moneys,in part or in with, and comply with the requirements of Suffolk County whole, and either directly or indirectly, received under the Local Law No. 41-2013, a Local Law to Implement Contract in connection with the prosecution of any civil Performance Measurement to Increase Accountability and action against the County in any jurisdiction or any judicial or Enhance Service Delivery by Contract Agencies(Article VIII administrative forum. of Chapter 189 of the Suffolk County Code). 10. Youth Sports All contract agencies having a contract in excess of$50,000 shall cooperate with the contract's administering department It shall be the duty of the Contractor to read,become familiar to identify the key performance measures related to the with, and comply with Article III of Chapter 730 of the objectives of the service the contract agency provides and Suffolk County Code. shall develop an annual performance reporting plan. The contract agency shall cooperate with the administering All contract agencies that conduct youth sports programs are department and the County Executive's Performance required to develop and maintain a written plan or policy Management Team to establish working groups to identify addressing incidents of possible or actual concussion or other appropriate performance indicators for monthly evaluation of head injuries among sports program participants.Such plan or the contract agency's performance measures. policy must be submitted prior to the award of a County contract,grant or funding. Receipt of such plan or policy by 14. Suffolk County Local Laws Website Address the County does not represent approval or endorsement of any such plan or policy,nor shall the County be subject to Suffolk County Local Laws,Rules and Regulations any liability in connection with any such plan or policy. can be accessed on the homepage of the Suffolk County Legislature. 11. Work Experience Participation End of Text for Article IV If the Contractor is a not-for-profit or governmental agency or institution,each of the Contractor's locations in the County at which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum of Understanding("MOU")with the Suffolk County Department of Labor for work experience is in effect at the beginning of the Term of the Contract,the Contractor, if it is a not-for- profit or governmental agency or institution,shall enter into such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the County may 41 of 51 pages ARTICLE IV r Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980, 6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant Article V Contract Agencies of the Suffolk County Department General Fiscal Terms and Conditions of Audit and Control. In addition to any other remedies that the County may have,failure to supply 1. General Payment Terms the required documentation will disqualify the Contractor from any further County contracts. a. Presentation of Suffolk County Payment Voucher C. Payment by County In order for payment to be made by the County to the Contractor for the Services, the Contractor shall Payment by the County shall be made within thirty(30) days after approval of the Suffolk County Payment prepare and present a Suffolk County Payment Voucher, which shall be documented by sufficient, Voucher by the Comptroller. competent and evidential matter. Each Suffolk County d. Budget Modification Payment Voucher submitted for payment is subject to Audit at any time during the Term or any extension i.) The parties shall use the Contract Budget thereof. This provision shall survive expiration or Modification Request form ('Budget termination of this Contract for a period of not less Modification") for revisions to the Budget and than seven(7)years,and access to records shall be as et forth in paragraph 25 of Article III,and paragraph Services not involving an increase to the total cost set Article V. of the Contract.If the Contractor is seeking such a modification, the Contractor shall contact the b. Voucher Documentation Department to receive the form and enter the required information. When the County and the The Suffolk County Payment Voucher shall list all Contractor agree as to such revisions, the information regarding the Services and other items for Contractor shall sign the Budget Modification form which expenditures have been or will be made in and return it to the County for execution along with accordance with the Contract. Either upon execution any other documentation the Department may of the Contract(for the Services already rendered and require. expenditures already made), or not more than thirty (30)days after the expenditures were made,and in no ii.) Such request must be made in advance of incurring event after the 3l'day of January following the end of any expenditure for which the revision is needed. each year of the Contract,the Contractor shall furnish the County with detailed documentation in support of iii•) Upon complete execution of the Budget the payment for the Services or expenditures under the Modification form,the County shall return a copy Contract e.g.dates of the Service,worksite locations, to the Contractor. The revision shall not be activities, hours worked, pay rates and all program effective until the Budget Modification is Budget categories. The Suffolk County Payment completely executed. Voucher shall include time records, certified by the Contractor as true and accurate, of all personnel for iv.) The Budget Modification form may be submitted whom expenditures are claimed during the period. only twice per calendar year and may only be Time and attendance records of a project director, if submitted prior to November 15 of that year. any,shall be certified by the Chairperson,President or other designated member of the Board of Directors of e. Budget and/or Services Revisions the Contractor. All Suffolk County Payment Vouchers must bear a signature as that term is defined pursuant i.) The parties shall use the Contract Budget/Services to New York State General Construction Law§46 by Revision Approval Form (Budget /Services duly authorized persons, and certification of such Revisions)for revisions to the Budget and Services authorization with certified specimen signatures involving any change to the total cost the thereon must be filed with the County by a Contractor Contract due to a resolution of the Legislature, official empowered to sign the Contract. changes to the County's adopted annual budget,or Disbursements made by the Contractor in accordance for any other reason necessitating revisions to the with the Contract and submitted for reimbursement Budget or Services. must be documented and must comply with accounting procedures as set forth by the Suffolk County ii.) When the County and the Contractor agree as to Department of Audit and Control. Documentation, such revisions, the Department will enter the including any other form(s)required by County or the information into the Budget/Services Revisions form and send it to the Contractor for signature. Suffolk County Department of Audit and Control,shall be famished to the County pursuant to,and as limited The Contractor shall return it to the County for by, the Regulations for Accounting Procedures for execution along with any other documentation the Department may require. 42 of 51 pages ARTICLE V f Rev. 11-25-16; Law No. IFMS No. 00000008050 001-6790/6797/6774/6777-4980, 6776-3330-95230 Nutrition Program for the Elderly &DA/Subreciplent Line Item/Omnibus Grant iii.) Upon complete execution of the form by the parties, the County shall return a copy to the 3. Personnel Salaries,Pension and Employee Benefit Contractor. The revision shall not be effective until Plans,Rules and Procedures the Budget /Services Revisions is completely executed. a. Upon request, the Contractor shall submit to the County a current copy,certified by the Contractor as f. Taxes true and accurate,of its The charges payable to the Contractor under the i,) salary scale for all positions listed in the Budget; Contract are exclusive of federal,state, and local taxes,the County being a municipality exempt from ii.) personnel rules and procedures; payment of such taxes. iii.) pension plan and any other employee benefit plans g. Final Voucher or arrangements. The acceptance by the Contractor of payment of all b. The Contractor shall not be entitled to billings made on the final approved Suffolk County reimbursement for costs under any pension or benefit Payment Voucher shall operate as and shall be a plan the Comptroller deems commercially release of the County from all claims by the unreasonable. Contractor through the date of the 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 it a. The Contract is subject to the amount of funds 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 accounting Services. procedures and practices which sufficiently and properly reflect all direct and indirect costs of any b. If the County fails to receive Federal or State funds nature expended in the performance of the Contract,in originally intended to pay for the Services, or to accordance with generally accepted accounting reimburse the County, in whole or in part, for principles and with rules, regulations and financial payments made for the Services,the County shall directives, as may be promulgated by the Suffolk have the sole and exclusive right to: County Department of Audit and Control and the Department. The Contractor shall permit inspection i.) determine how to pay for the Services; and audit of such accounts,books,records,documents and other evidence by the Department and the Suffolk ii.) determine future payments to the Contractor;and County Comptroller,or their representatives,as often as, in their judgment, such inspection is deemed iii.) determine what amounts,if any,are reimbursable necessary. Such right of inspection and audit as set to the County by the Contractor and the terms and forth in subparagraph b.below shall exist during the conditions under which such reimbursement shall Term and for a period of seven (7) years after be paid: expiration or termination of the Contract. h. The County may,during the Term, impose a Budget b. The Contractor shall retain all accounts, books, Deficiency Plan. In the event that a Budget Deficiency records,and other documents,relevant to the Contract Plan is imposed,the County shall promptly notify the for seven(7)years after final payment is made by the i Contractor in writing of the terms and conditions County. Federal, State, and/or County auditors and thereof, which shall be deemed incorporated in and any persons duly authorized by the County shall have made a part of the Contract,and the Contractor shall full access and the right to examine any of said implement those terms and conditions in no less than materials during said period. Such access is granted fourteen(14)days. notwithstanding any exemption from disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and s 43 of 51 pages ARTICLE V t Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant commercial information or financial information that is nine(9)months after the end of the Contractor's fiscal privileged or confidential. year,to which the audit relates. The Contractor may solicit requests for proposals from a number of C. The Contractor shall utilize the accrual basis of qualified accounting firms and review carefully the accounting and will submit all financial reports and costs of,and qualifications for,this type of work before claims based on this method of accounting during the selecting the Auditor. Term. b. The Auditor should be required to meet the following 5. Audit of Financial Statements minimum requirements: a. All payments made under the Contract are subject to i.) a current license issued by the New York audit by the Comptroller pursuant to Article V of the State Education Department; Suffolk County Charter. The Contractor further agrees ii.) sufficient auditing experience in the not- that the Comptroller and the Department shall have for-profitgovernmental or profit-making access to and the right to examine,audit,excerpt,copy areas,as applicable;and or transcribe any pertinent transactions or other records relating to services under the Contract. If such an audit iii.) a satisfactory peer review issued within discloses overpayments by the County to the not more than three(3)years prior to the Contractor,within thirty(30)days after the issuance of date when the Auditor was selected to an official audit report by the Comptroller or his duly conduct the audit. designated representatives,the Contractor shall repay C. The audit must be conducted in accordance with the amount of such overpayment by check to the order generally accepted governmental auditing standards. of the Suffolk County Comptroller or shall submit a Financial statements must clearly differentiate between proposed plan of repayment to the Comptroller. If County-funded programs and other programs that the there is no response,or if satisfactory repayments are Contractor may be operating. The use of subsidiary not made,the County may recoup overpayments from schedules should be encouraged for this purpose. The any amounts due or becoming due to the Contractor Auditor must also prepare a Management Letter based from the County under the Contract or otherwise. on the audit. b. The provisions of this paragraph shall survive the d. "Subrecipients"—Federally Funded Programs and expiration or termination of the Contract for a period of Grants seven(7)years,and access to records shall be as set forth in paragraph 25 of Article III,and paragraph 4(b) i.) In the event the Contractor is a"Subrecipient"as of Article V. that term is defined in 2 CFR§ 200.93 and the Contractor expends seven hundred fifty thousand 6. Financial Statements and Audit Requirements ($750,000.00)dollars or more of Federal moneys, whether as a recipient expending awards received a. Notwithstanding any other reporting or certification directly from Federal awarding agencies or as a requirements of Federal,State,or local authorities,the Contractor expending Federal awards received Contractor shall obtain the services of an independent from a pass-through entity such as New York State licensed public accountant or certified public and/or Suffolk County, during any fiscal year accountant (the "Auditor") to audit its financial within which it receives funding under the statements for each Contractor's"fiscal year"in which Contract,the audit referred to under this paragraph the Contractor has received, or will receive, three 6 must be conducted and any the audit report must hundred thousand($300,000.00)dollars or more from be in accordance with OMB Uniform Grant the County, whether under the Contract or other Guidance — 2 CFR Part 200 ("Single Audit agreements with the County,and shall submit a report Report"). Single Audit Reports must also be to the County on the overall financial condition and uploaded to the Federal Audit Clearinghouse, to operations of the Contractor,including a balance sheet the extent required by the OMB Uniform Grant and statement of income and expenses,attested by the Guidance referred to above. In addition,the Single Auditor as fairly and accurately reflecting the Audit Report, respective financial statements and accounting records of the Contractor in accordance any Management Letters must be submitted to the with generally accepted accounting principles. The Department set forth on page one of this Contract audited financial statements including respective and emailed to the Executive Director of Auditing Management Letters must be emailed to the Executive Services at Director of Auditing Services at subreciuientmonitoringna suffolkcountvny.sov Audits@suffolkcoQ=.gov within thirty(30)days within thirty (30) days after completion of the after completion of the audit,but in no event later than audit, but in no event later than nine(9) months 44 of 51 pages ARTICLE V i t' Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant after the end of the Contractor's fiscal year, to request for approval to make such a proposed purchase, which the audit relates. rental or lease, with a list showing the quantity and description of each item,its intended location and use, ii.) In the event the Contractor is a"Subrecipient"as estimated unit price or cost,and estimated total cost of that term is defined in 2 CFR § 200.93 and the the proposed order. Written approval of the County Contractor expends less than seven hundred fifty shall be required before the Contractor may proceed thousand($750,000.00)dollars of Federal moneys, with such proposed purchase, rental or lease of whether,as a recipient expending awards received furniture,fixtures or equipment. All items purchased directly from Federal awarding agencies or as a must be new or like new unless specifically described Contractor expending Federal awards received otherwise in the Budget. from a pass-through entity such as New York State and/or Suffolk County, during any fiscal year the b. Purchase Practices/Proprietary Interest of County Contractor must email a certified Exemption Letter, the form of which shall be provided by the i.) The Contractor shall follow the general practices Department,on the Contractor's Letterhead and a that are designed to obtain furniture, fixtures, Schedule of Federal Funds Expended to the equipment, materials, or supplies at the most respective County Department and the Executive reasonable price or cost possible. Director of Auditing Services at subrecipientmonitoring@a,suffolkcountyny.gov ii.) The County reserves the right to purchase or obtain within thirty (30) days of the end of the furniture, fixtures,' equipment, materials, or Contractor's fiscal year. The Schedule of Federal supplies for the Contractor in accordance with the Funds Expended must include all Federal funding programmatic needs of the Contract. If the County received directly from the Federal government and exercises this right, the amount budgeted for the all Federal funds passed through from the County items so purchased or obtained by the County for and other pass-through entities. the Contractor shall not be available to the Contractor for any purpose whatsoever. Title to iii.) Subrecipients may include,but not necessarily be any such items purchased or otherwise obtained by limited to, not-for-profit organizations; units of the County for the programs encompassed by the state government or a unit of local governments. Contract and entrusted to the Contractor, shall remain in the County. e. Copies of any other audit reports including oversight iii,) The County shall retain a proprietary interest in all agency audits must be submitted to the Department set furniture,removable fixtures,equipment,materials, forth on page one of this Contract and emailed to the and supplies purchased or obtained by the Executive Director of Auditing Services at Contractor and paid for or reimbursed to the Audits@suffolkcounZmX.gov within thirty(30)days Contractor pursuant to the terms of the Contract or after completion of the audit(s). any prior agreement between the parties. E The requirements set forth in this paragraph 6 shall not iv.) The Contractor shall attach labels indicating the preclude the authorized representatives of the County, County's proprietary interest or title in all such the Comptroller„ or Federal or State entities from property. conducting any other duly authorized audit(s) of records of the Contractor. The Contractor shall make C. County's Right to Take Title and Possession such records available to authorized representatives of Federal,State and County government for that purpose. Upon the termination or expiration of the Contract or any renewal thereof,the discontinuance of the business g. The provisions of this paragraph 6 shall survive the of the Contractor, the failure of the Contractor to expiration or termination of the Contract. comply with the terms of the Contract,the bankruptcy of the Contractor,an assignment for the benefit of its 7. Furniture,Fixtures,Equipment,Materials,Supplies creditors,or the failure of the Contractor to satisfy any judgment against it within thirty(30)days of filing of a. Purchases, Rentals or Leases Requiring Prior the judgment,the County shall have the right to take Approval title to and possession of all furniture, removable fixtures, equipment, materials, and supplies and the Prior to placing any order to purchase,rent or lease any same shall thereupon become the property of the furniture, fixtures, or equipment valued in excess of County without any claim for reimbursement on the one thousand dollars($1,000.00)per unit for which the part of the Contractor. Contractor will seek reimbursement from the County, the Contractor shall submit to the County a written 45 of 51 pages ARTICLE V Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980, 6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant d. Inventory Records,Controls and Reports 8. Lease or Rental Agreements The Contractor shall maintain proper and accurate inventory records and controls for all such furniture, If lease payments or rental costs are included in the Budget as removable fixtures and equipment acquired pursuant to an item of expense reimbursable by the County, the the Contract and all prior agreements between the Contractor shall promptly submit to the County, upon parties,if any. Three(3)months before the expiration request, any lease or rental agreement. If during the Term, date of the Contract, the Contractor shall make a the Contractor shall enter into a lease or rental agreement,or physical count of all items of furniture, removable shall renew a lease or rental agreement,the Contractor shall, fixtures and equipment in its custody, checking each prior to the execution thereof, submit such lease or rental item against the aforesaid inventory records. A report agreement,to the County for approval. setting forth the results of such physical count shall be prepared by the Contractor on a form or forms designated by the County, certified and signed by an 9. Statement of Other Contracts authorized official of the Contractor,and one(1)copy thereof shall be delivered to the County within five(5) Prior to the execution of the Contract,the Contractor shall submit a Statement of Other Contracts to the County. If the days after the date set for the aforesaid physical count. Within five(5)days after the termination or expiration Contract is amended during the Term, or if the County exercises its option right,the Contractor shall submit a then date of the Contract,the Contractor shall submit to the current Statement of Other Contracts. County six(6) copies of the same report updated to such date of the Contract, certified and signed by an authorized official of the Contractor, based on a 10. Miscellaneous Fiscal Terms and Conditions physical count of all items of furniture, removable fixtures and equipment on the aforesaid expiration a. Limit of County's Obligations date,and revised,if necessary,to include any inventory changes during the last three(3)months of the Term. The maximum amount to be paid by the County is set forth on the first page of the Contract. e. Protection of Property in Contractor's Custody b. Duplicate Payment from Other Sources The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture,fixtures, Payment by the County for the Services shall not equipment,material or supplies in its custody against duplicate payment received by the Contractor from any damage or loss by fire,burglary,theft,disappearance, other source. vandalism, or misuse. In the event of burglary,theft, vandalism,or disappearance of any item of furniture, C. Funding Identification fixtures, equipment, material or supplies, the Contractor shall immediately notify the police and The Contractor shall promptly submit to the County make a record thereof,including a record of the results upon request,a schedule for all programs funded by the of any investigation which may be made thereon. In County, itemizing for each such program the sums the event of loss of or damage to any item of furniture, received,their source and the total program budget. fixtures, equipment, materials, or supplies from any cause, the Contractor shall immediately send the d. Outside Funding for Non-County Funded Activities County a detailed written report thereon. Notwithstanding the foregoing provisions of the f. Disposition of Property in Contractor's Custody Contract, it is the intent of the County that the terms and conditions of the Contract shall not limit the Upon termination of the County's funding of any of the Contractor from applying for and accepting outside Services covered by the Contract,or at any other time grant awards or from providing additional educational that the County may direct,the Contractor shall make activities/services which may result in the Contractor access available and render all necessary assistance for incurring additional costs, as long as the following physical removal by the County or its designee of any conditions are met: or all furniture, removable fixtures, equipment, materials or supplies in the Contractor's custody in i.) The County is not the Fund Source for the which the County has a proprietary interest, in the additional services; same condition as such property was received by the ii.) Sufficient funding is available for or can be Contractor, reasonable wear and tear excepted. Any generated by the Contractor to cover the cost disposition,settlements or adjustments connected with incurred by the Contractor to provide these such property shall be in accordance with the rules and regulations of the County and the State of New York. additional services;and 46 of 51 pages ARTICLE V Rev. 11-25-16; Law No. IFMS No. 00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980,6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant iii.) If sufficient funding is not available or cannot be payment to the Contractor under the Contract, on generated,the County shall not be held liable for demand by the County,the Contractor shall reimburse any of the additional costs incurred by the the County for the amount of the balance due the Contractor in furnishing such additional services. County, payable to the Suffolk County Comptroller. The provisions of this subparagraph shall survive the iv.) Prior to scheduling any such additional services on expiration or termination of the Contract. County-owned property,the Contractor shall obtain written County approval. The Contractor shall,to h. Budget the County's satisfaction, submit any documentation requested by the Department The Contractor expressly represents and agrees that the reflecting the change, and identify the additional Budget lists all revenue, expenditures, personnel, services to be provided and the source of funding personnel costs and/or all other relevant costs that shall be utilized to cover the expenditures necessary to provide the Services. incurred by the Contractor in undertaking the additional services. i. Payment of Claims e. Potential Revenue Upon receipt of a Suffolk County Payment Voucher, the County,at its discretion,may pay-the Contractor The Contractor shall actively seek and take reasonable during the Term,in advance,an amount,not to exceed steps to secure all potential funding from grants and one sixth(1/6)of the maximum amount to be paid by contracts with other agencies for programs funded by the County set forth on the first page of the Contract. the County. L Payments Contingent upon State/Federal Funding j. Payments Limited to Actual Net Expenditures The Contractor agrees that if, for any reason Payments under the Contract may be subject to and whatsoever,the Contractor shall spend during the Term contingent upon continued funding by State and/or for the purposes set forth in the Contract an amount Federal agencies. In the event payments are subject to less than, or receive amounts more than,provided in such funding no payment shall be made until the the Budget, the total cost of the Contract shall be Contractor submits documentation in the manner and reduced to the net amount of actual Contractor form as shall be required by State and/or Federal expenditures made for such purposes. The total agency. If late submission of claims precludes the amount to be paid by the County shall not exceed the County from claiming State or Federal reimbursement, lesser of(i)actual net expenditures or(ii)the total cost such late claims by the Contractor shall not be paid by of the Contract on the cover page and in the Budget. the County subject to subparagraph g. below, if, for Upon termination or expiration of the Contract,if the any reason,the full amount of such funding is not made Contractor's total amount of allowable expenses is less available to the County, the Contract may be than the total amount of the payments made during the terminated in whole or in part,or the amount payable Term,the Contractor shall prepare a check payable to to the Contractor may be reduced at the discretion of the Suffolk County Comptroller for the difference the County, provided that any such termination or between the two amounts and submit such payment to reduction shall not apply to allowable costs incurred by the County, along with the final Suffolk County the Contractor prior to such termination or reduction, Payment Voucher. and provided that money has been appropriated for payment of such costs. k. Travel,Conference,and Meeting Attendance:SOP A-07 Amendment 1 g. Denial of Aid Reimbursement to the Contractor for travel costs shall If a State or Federal government agency is funding the not exceed amounts allowed to County employees.All Contract and fails to approve aid in reimbursement to conferences that are partially or fully funded by the the County for payments made hereunder by the County that the Contractor's staff wishes to attend County to the Contractor for expenditures made during must be pre-approved,in writing,by the County and the Term because of any act,omission or negligence on must be in compliance with,Suffolk County Standard the part of the Contractor,then the County may deduct Operating Procedure A-07 which may be viewed and withhold from any payment due to the Contractor online at the County's website,SuffolkCountyny.gov; an amount equal to the reimbursement denied by the go to "Government," then "Comptroller," then state or federal government agency,and the County's "Consultant's Agreements." obligation to the Contractor shall be reduced by any such amounts. In such an event,if there should be a I. Salaries balance due to the County after it has made a final 47 of 51 pages ARTICLE V Rev. 11-25-16; Law No. IFMS No:00000008050 Nutrition Program for the Elderly 001-6790/6797/6774/6777-4980, 6776-3330-95230 CFDA/Subrecipient Line Item/Omnibus Grant The Contractor shall not be eligible to receive any determination. salary reimbursement until proof of deposit or payment of all withholding and payroll taxes to the Federal/State o. No Limitation On Rights governments has been provided to the County. Notwithstanding anything in this Article V to the M. Salary Increases contrary,the County shall have available to it all rights and remedies under the Contract and at law and equity. No salary, wage, or other compensation for the Services shall be increased over the amount stated in p. Comptroller's Rules and Regulations the Budget without the prior written approval of the County. The Contractor shall comply with the"Comptroller's Rules and Regulations for Consultant's Agreements"as n. Contractor Vacancies promulgated by the Department of Audit and Control of Suffolk County and any amendments thereto during The County shall have the right of prior approval of the Term of the Contract. The"Comptroller's Rules the Contractor's filling of any vacant position as of and Regulations for Consultant's Agreements" and the date of execution of the Contract or as may "SOP A-07 Amendment 1"may be viewed online at thereafter become vacant,and,in the exercise of that the County's website, SuffolkCountyny.gov; go to right.The,County may promulgate reasonable "Government,",then"Comptroller,"then"Consultant's regulations involving filling of vacancies which shall Agreements." be deemed to be incorporated by reference in,and be made part of,the Contract,provided,however,that subject to the availability of funding,approval for the End of Text for Article V hiring of replacement clerical shall be a Contractor 48 of 51 pages ARTICLE V r f Rev. 11-25-16; Law No. CFDA/Subrecipient Line Item/Omnibus Grant Article VI Budget Town of Southold RATE PAGE Nutrition Program for the Elderly January 1,2017—December 31,2017 CONGREGATE MEALS $6.40 HOME-DELIVERED MEALS $6.79 49 of 51 pages ARTICLE VI >j Rev. 11-25-16; Law No. CFDA/Subrecipient Line Item/Omnibus Grant Exhibit 1 SUBRECIPIENT CONTRACT DOCUMENTATION Granting Department: Federal Awarding Federal Award Identification CFDA Number: Agency: 'Number: 93.045 Suffolk CountyOffice for Health and Human NIA Services Aging _ = AWiNing Official Name and County Contract Contract Percentage: Federal Award Date: Contact Information:,: Number: ", 0 Su, County'Office for the FederalPercentage:90./0; uffo A m _ Contract Period of 'State Percentage:' 100 veterans Memorial Hwy Period ',Coun'ty_Percentage:10% PO BOX 6100- . 1/1/17-12/31/17 H66ppauge,'NY-,l 1788- Subrecipient Name'&Address Research& Federal'Funds Obligated by Federal Funds Town of Southold Development this Action Obligated to ❑Yes xNo Subrecipient by 53095 Main Road $79,934 County including Total Federal Award g PO BOX 1179 Committed to current obligation: Southold,.NY 1.1971 Subrecipient by the $79,934 County: $79,934 Indirect cost rate for the Federal award(including if the de minimis rate is charged per§200.414 Indirect(F&A)costs): Not to exceed 20%00 Approved federally recognized"indirect cost rate-negotiated=between;the-subrecipient and;the.Federal Governnient'or, if no such rate exists,either a.rate,negotia- between.4he pass-'through:entity and the' subrecipient'(In compliance with this part),'or a de,minimis.-indirect cost-rate:as-definea-in§200:41.4',Indirect. (MA)°costs;-paragraph (f): Not to exceed 20% Federal Award Project Description: Title IIIC-1 of the Older Americans Act Requirements.imposed by the pass-thioiigh entity on the subrecipient so that,the Federal'award is used in accordance with.Federal-statutes, regulatioris`and the=terms',and conditions,of the Federal awaed:: . Re uirements•are'detailed-in the'contract with Suffolk Count Additional requirements that the pass-through entity imposes on the subrecipient in order for the pass-through entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports: Requirements are detailed in the contract with Suffolk County Close-Out Direction: - All vouchers and backup must be' submitted within-30 dayS,of-award period'.. The above information is to be furnished to all subrecipients of federal awards as stated in 2 CFR Part 200.331. 51 of 51 pages EXHIBIT 1 Rev. 11-25-16; Law No. CFDA/Subrecipient Line Item/Omnibus Grant Exhibit 1 SUBRECIPIENT CONTRACT DOCUMENTATION Granting Department: Federal Awarding Federal Award Identification CFDA Number: Number: Suffolk County Office for the Agency: 93.053 Halth nd Human Aging Services. N/A County Contract Contract Percentage: Federal Award Date: Awarding-Official Name and tyon1/1!17. Number: Contact Information: N/A ,Federal Percentage:100%. Suffolk County Office for the Contract Period of State Percentage: -Aging Performance: County Percentage: 100 Veterans Memorial Hwy 1/1/17-12/31/17. PO 130X.6100 Hauopauge, NY-11788 Subreci lent Name&Address Research& Federal Funds Obligated by Federal Funds p. Development this Action: - Obligated to Town of Southold .- ❑Yes Mo Subrecipient by Total Federal Award $28,687.00 County including 53095 Main Road - � - - ty� g P.O.BOX 1. - Committed to current obligation: SoutholdINY 1.1971- Subrecipient by the $28,687.00 County: $28,687.00 Indirect cost rate for the Federal award(including if the de minimis rate is charged per§200.414 Indirect(F&A)costs): NIA Approved federally recognized'indirect cost-rate negotiated between the siubrecipient and the'Federal- Government or, if no such rate exists;.either a rate'negotiated'between�the pass-through-entity and'the subrecipient(in'conipliance with thispart),•'or a de minimis•-indirect-cost rate as defined WV00:4141ndirect (F&A)'costs;-paragraph-(fj: N/A Federal Award Project Description: Nutrition Services Incentive Program Requirements imposed by the pass-through entity on the subrecipient so that the Federal award,is,-used in accordance with Federal statutes, regulations and the--term's-and conditions of the Federal award: Requirements are detailed in the contract with Suffolk Count .- Additional requirements that the pass-through entity imposes on the subrecipient in order for the pass-through entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports: Requirements are detailed in the contract with Suffolk County Close-Out Direction: All vouchers and backup must be submitted within 30 days of close of award period.. The above information is to be furnished to all subrecipients of federal awards as stated in 2 CFR Part 200.331. 51 of 51 pages EXHIBIT 1