HomeMy WebLinkAboutSC Office for the Aging - Nutrition Program RECEIVED
JUL 1 7 2018
' r Southold Town Cleric
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971=0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: July 17, 2018
Subject: Agreement between Town of Southold and Suffolk County
Office of the Aging IIIC Nutrition Programs
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: Accounting
*',
` -�Rev. 11%2'1%2017,; Law No. ZZ—nh— oZ® IFMS No.00000009018
- ' CFDA/Subrecipient Line Item/omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
Contract
This Contract("the Contract")is between the County of Suffolk("the County"),a municipal corporation of
the State of New York, acting through its duly constituted Office for the Aging("the Department"), located at the H. Lee
Dennison Building—3`d Floor, 100 Veterans Memorial Highway,Hauppauge,New York(Mailing address:P.O.Box 6100,
Hauppauge,New'York 11788-0099); and
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: January 1,2018 through December 31,2018,with four(4)one(1)year options to renew at the
County's discretion for the period of January 1, 2019 through December 31,2019(option'one);January 1,2020
through December 31,2020 (option 2);January 1,2021 through December 31,2021 (option 3);January 1,2022
through December 31,2022(option 4)respectfully, on the same terms and conditions herein.
Total Meals: Daily Congregate: Daily Home-Delivered Meals:
51—Not to Exceed 12,863 annually 101-Not to exceed 26,434 annually
Not to Exceed$82,324.00 Annually Not to exceed$179,487.00 Annually
Total Cost of the Contract: Shall not exceed$261,811.00, as set forth in Articles V and VI, attached.
Terms and Conditions: Shall be as set forth in Articles I thru VI, attached hereto and made a part hereof and
Contractor's Response to RFQ No NTRN2018 and associated addendum on file in the Department and which
are incorporated herein as if the same were repeated herein in 1.
In Witness Whereof,the parties hereto have executed the Contract a the latest date written below.
Town of Southold County of Su lk
By:
By. � Dennis M. Cohen
Scott A.Russell
Town Supervisor Chief Deputy Cou ty Executive
Fed. Taxpayer # 11-6001939 Date I7
Date S,,nn30 � Approved:
sLo—�— A R USSP� hereby certifies under Department � �6
penalties of perjury that I am an officer of By: 2 I 1
j oujn 0,1� S0.k-kd kd\ ,that I have read and I am Holly S. odes-Teague to
familiar with§A5-8 of Article V of the Suffolk County Code,and
that �UIQh 04- CoC_4plolk, meets all irector,Office for the Aging
requiremen o qualify for exemption thereunder. Reeom ded:
Z�s7� Date f 36 By:
Signature Michelle Belsky 6ate
Approved as to Form: Food Service Supervisor
Dennis M.Brown,
Suffolk County
By:
Niranjanzi -et5Z
Couuntyp tto y
uraur-
Assistant G'C 005,1625
Date r RECEIVED
J U L 1 7 2018
1 of 53 pages Southold Town Clerk
Y
J Rev. 1°1/21/2017; Law No. IFMS No.00000009018
CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
List of Articles
Article I
Description of Services
1. Conflicting Provisions
2. Federal CFDA Subrecipient Requirements
3. Services
Article II
Defmitions
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 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
19. Certification as to Relationships
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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
15. Suffolk County Code of Ethics
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
7. Furniture, Fixtures, Equipment, Materials, Supplies
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j CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
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
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CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980;6776-3330-95230
lid
Article I
Description of Services
Whereas,the Contractor has been identified in the 2018 Suffolk County Adopted Budget under the pseudo code
as listed on page one 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 of
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 November 9, 2017; 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.
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ARTICLE I
• Rev. 11/21/2017; Law No. IFMS No. 00000009018
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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. NTRN2018 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/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.
NTRN2018, 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. NTRN2018 and the Contractor's specifications for
Targeting, Outreach and Equal Access, which are attached and made part of this Contract.
f. The Contractor shall comply, and shall require its officers and directors,partners, trustees or
other members of its governing body, and personnel-employed to render services under this
Contract,to comply with all applicable rules, regulations and requirements of law, including
without limitation,the Americans with Disabilities Act, and the Technical Assistance Packet,
receipt of a copy of which is acknowledged.
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.
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ARTICLE I
Rev. 11%21/2017; Law No. IFMS No.00000009018
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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 Reference 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.
iv. The nutrition site shall be open as stated on the Summary Sheet, which is attached and
made part of this Contract; fully staffed, during regular business hours based on local
need and available funding. Holiday schedules are to be posted one month in advance at
the nutrition site. The Contractor shall submit copies of all holiday schedules and staff
vacations to the Department.
V. The Contractor shall cooperate with and accept direction from the Department's staff.
vi. All nutrition programs which cook on site must hold a complete sample of each day's
meal(s), including all components except milk and bread, in the refrigerator for five (5)
days for testing purposes. All nutrition programs which serve catered meals must hold a
complete sample of each day's meal(s), including all components except milk and bread,
if possible, or hold three (3)tablespoons of each meal component, in the refrigerator for
five (5) days for testing purposes.
7 of 53 pages
ARTICLE I
Rev.11121/2017; Law No. IFMS No.00000009018
CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
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.
C. Specifications for Home-Delivered Meal Programs
i. Eligibility must be determined prior to the delivery of service by using the standardized
Comprehensive Assessment Tool (COMPASS—Form) (see also Policy&Procedures
Manual—Appendices). Each client receiving home-delivered meals must 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.
8 of 53 pages
ARTICLE I
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Rev. W21%2017; Law No. IFMS No.00000009018
CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
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, punctualand
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.
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
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).
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C. The following target groups have been identified as having the greatest economic and social
needs: minority, low-income, frail and vulnerable.
i. Minority-persons of Black, Hispanic, Asian,Native American(American Indian),
Alaska Native,Native Hawaiian or Other Pacific Islander origins. Persons whose origins
are of Two (2) or More Races or who are identified as being in a racial category different
from those above(other than white)may be included(see the Other Race or Two (2) or
More Races categories, defined below).
a) Black-refers to a person who has origins in any of the Black racial groups of
Africa. This includes,for.example,persons who self-report as Black, African
American, Kenyan,Nigerian, Haitian or other applicable identification.
b) Hispanic (or Latino) -refers to a person of Cuban, Mexican,Puerto Rican, South
or Central American, or other Spanish culture or origin regardless of race.
Hispanic origin can be viewed as the heritage, nationality group, lineage, or
country of birth of the person or the person's parents or ancestors before their
arrival in the United States. People who identify their origin as Hispanic, Latino,
or Spanish may be any race.
c) Asian-refers to a person having origins in any of the original peoples of the Far
East, Southeast Asia, or the Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,the Philippine Islands,
Thailand, and Vietnam.
d) American Indian or Alaska Native-refers to a person having origins in any of the
original peoples of North and South America(including Central America) and
who maintains tribal affiliation or community attachment. This category includes
people who indicated their race(s) as "American Indian or Alaska Native"or
reported their enrolled or principal tribe, such as Navajo, Blackfeet, Inupiat,
Yup'ik, and/or Central American or South American Indian groups.
e) Native Hawaiian or Other Pacific Islander-refers to a person having origins in
any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
f) Other Race or Two (2) or More Races -this category includes persons who self-
identify as multiracial, mixed, interracial, or a racial category other than white,not
included in the descriptions above.
ii. Low—Income - Persons with incomes at or below 100% (150%for WIN) of the poverty
level.
iii. Frail—Persons with one (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).
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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.
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.
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• 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:
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.
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• 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 $12,140/year $18,210/year $22,459/year
2 $16,460/year $24,690/year $30,451/year
• Minority.
• Low-income Minority—Those minority persons whose income is at or below the
poverty threshold.
C. Electronic Reporting
i. The Contractor shall maintain electronic records on all program participants using the
most currently approved form provided by the Department and compliant with State and
Federal reporting requirements. Data for all participants must be updated monthly.
ii. In order to comply with electronic reporting requirements,the Contractor must have
adequate computer equipment and software available to support the approved form.
iii. NAPIS required registration must be completed for all congregate and home-delivered
meal participants. The congregate NY Short Form or NAPIS Client Registration Form
and home delivered NY Comprehensive AFM form or subsequent approved assessment
tool(s)must be entered electronically in Peer Place or in subsequent County approved
computer systems. All participant data must be entered completely by the twelfth(12th)
of each month for the previous month's data.
;iv. Home-delivered meal participants must have eligibility determined
1)prior to the delivery of service using the NAPIS required NY Comprehensive AFM
form or subsequent approved assessment tool, or
2) in cases where there is a documented emergency; the assessment must be done within
five(5) working days of service delivery. The Contractor shall contact the Department's
Nutrition Unit of any occurrence whereby the assessment is not completed under 1) or 2)
above. Each participant receiving home-delivered meals must be reassessed at
appropriate intervals based on each participant's situation, but in no instance less
frequently than at least once in each(12)twelve-month period. The Contractor will also
make a(6) six-month contact in the form of a home visit or a telephone call. The
assessment and subsequent reassessments must be entered electronically and completed
by the twelfth(12th) of each month for the previous month's data.
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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)hours any
incidents involving the client,whether the incident requires medical attention or not. A written
follow up of such incident shall be sent to the Department within five (5)days of occurrence. The
Contractor will report any circumstances outside normal events that affect the well-being of the
client, including deteriorating conditions and significant changes that might lead to unsafe
conditions for the client.
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. Administration for Community Living 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.
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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.
C. In the congregate setting,the Contractor must provide a locked box and envelopes for the
suggested meal donations for the participants in order to protect the confidentiality of program
participants' identities and the amount which they contribute. The suggested donation amount
will be determined through consultation with the Suffolk County Office for the Aging and the
Site Council.
i. All sites must post the suggested contribution for program participants.
ii. Price of the meal for guests must be posted.
iii. The above two amounts are to be posted near the locked box.
d. For home-delivered meal participants,the Contractor must provide envelopes for the suggested
meal donations of the participants in order to protect the confidentiality of the program
participants' identities and the amount which they contribute.
e. The Contractor must encourage individuals with self-declared incomes at or above 185%of the
federal poverty guideline to contribute at levels based on the actual cost of services.
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.
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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, 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.
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.
21. 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 Measurements 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 of this Contract entitled
"Suffolk County Legislative Requirements."
b. The Contractor shall cooperate with the Department in all aspects necessary to carry out the
requirements of Local Law No. 41-2013.
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22. Suffolk STAT
Beginning in the second month of the Contract term for contracts subject to Suffolk County Local Law
No. 41-2013, the Contractor shall submit monthly actual performance data, also known as key
performance indicators ("Ms") for the prior month's data, and analysis of the Contract performance
measures via the County's Suffolk STAT application by linking onto
http://suffotkstat.suffolkcogn. ny. ov no later than the 15th of each month of the Contract Term.
Your target number of congregate meals monthly is 1,183.Please enter the actual amount served
monthly.
Your target number of home delivered meals monthly is 2,436. Please enter the actual amount
served monthly.
End of Text for Article I
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GENERAL FOOD SPECIFICATIONS
FOOD SPECIFICATIONS FOR CYCLE MENUS
Meat or Alternate
Meats-USDA Choice or Better
Preservatives,tenderizers, or coloring agents may not be added to any fresh meat or fresh meat product.
Vegetables and Fruits
All fresh fruits and fresh vegetables must not contain bisulfates.
All fresh fruits and fresh vegetables must be washed.
Fresh Fruit Minimum Size
Oranges 113
Apples 120
Bananas 150
'/2 cup represents drained weight of fruits and vegetables
Frozen Vegetables-Grade A-Fancy(USDA)
Canned Vegetables-Grade A-Fancy(USDA)
Margarine-from liquid vegetable oil and fortified with Vitamin A
Bread/Alternate-whole grain or enriched
Instant Mashed Potatoes must be fortified with Vitamin C
Milk -Vitamin A&D fortified skim or low-fat milk—Three(3)days lead time from day of service
Desserts
Gelatin-fortified with Vitamin C
Milk-based puddings used for pudding mix
Canned Fruits-Grade A-Fancy(USDA)
Canned Fruit Juices-Grade A-Fancy(USDA)-fortified with Vitamin C
Frozen Fruits-Grade A-Fancy(USDA)
All foods shall be obtained from State or Federal inspected plants.
End of Text for Article I
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Contractor's Response to RFQ No.NTRN2018
For Nutrition Programs for the Elderly&
Targeting, Outreach and Equal Access
Town of Southold
Privacy Agreement
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ARTICLE I
KAREN MCLAUGHLIN �uvf®l/r Nutrition Program
Town Director of Human �® C0 Home Delivered Meals
Services ��® f/q�� Case Management
Town of Southold ® ,c Essential Transportation
P.O.Box 85 9 Senior Adult Day
750 Pacific
W_ ® Care/Katinka House
Mattituck, Alzheimer's Day Care
Tel.(631)298-4460 �'J
®� , �°� Telephone Reassurance
Fax(631)298-4462 Residential Repair
Southold Town Senior Services
Program Narrative 2018
Nutrition Programs for the Elderly
Congregate Nutrition
Home Delivered Meals
Program Summary:
Southold Town Senior Services marks its 44th anniversary in 2018. 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 2017,the Town of Southold provided 11,515 meals,to seniors in our
Congregate Dining Program and delivered 24,414 meals to the homebound elderly. Our goal for
2018 is to serve 12,863 Congregate Meals and 26,434 Home-Delivered meals.
Our program staff continues to work diligently with our homebound clients and their
families to promote the transition to the congregate dining program once they are no longer
eligible for the home delivered meals program. For 2018, our anticipated income for the
Congregate Dining Program is $43,000.00 and $75,000 for the Home Delivered Meals Program.
Our suggested, voluntary and anonymous contribution will remain at$4.00 per meal for eligible
seniors. Seniors are informed of the contribution policy in print, signage and through regular
announcements and no senior is denied a meal for inability or unwillingness to contribute.
Envelopes are provided both to our homebound seniors and in our dining room to protect their
privacy. Our average per meal voluntary contribution rate for 2017 was @90 % (Congregate)
and 62%(Home Delivered)based on the suggested$4.00 donation rate. To insure we continue
to provide a high quality service to seniors, yearly food satisfaction surveys are completed and a
suggestion box is located at the site,there is an open door policy at the Town of Southold Dining
program.
The Senior Center Program Manager and all staff are visible and available to address any
concerns or problems any senior may have which is done on a daily basis. Throughout the year
seniors are asked to comment on new menu items, music preferences, activities etc. Client rights
and grievance policies and procedures are posted throughout the building.
Assessment Plan:
In following the guidelines set forth under the Older Americans,Act, Southold Town
Senior Services is committed to our goal of providing nutrition and support services to elderly
residents in our community. We employ two individuals who are our primary assessors for home
delivered meals recipients. Phyllis Markopoulos,MSW and Auristhela Reinen BSW, CASAC,
have extensive experience in working with seniors. Our Center Manager, Jacqueline Martinez,
MSW acts as a back-up in home assessor as needed to avoid service delay. Client assessments
and care plans are completed on all eligible seniors who request home delivered meals. Service is
initiated when a client, family member or other service provider makes a referral by calling the
Center. An intake is completed with basic information provided and an initial home visit is
scheduled with the senior and/or family caregiver to complete the full client assessment. Once
eligibility is determined, the client is provided service in a timely manner after the home visit is
completed. Each client is provided with a packet of information which includes a program
policies and procedures guide and a comprehensive list of support services available. Six month
follow up contact is made by telephone to each client and an in home visit is completed at least
once annually by our assessors. Clients are seen more frequently depending on their specific
needs. In 2016, 158 in home assessments and 118 follow up contacts were completed. 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.
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 afthe Center. At this meeting,twenty four organizations providing hospital and community
based services to seniors are represented throughout the year.
Southold Senior Services successfully transitioned 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 event 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 Aging.
. 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 2017 we served 5.7% in our nutrition programs. Targeting the low-
income minority elderly living in Southold Town,particularly in the Village of Greenport
remains a high priority. We also have a part time Senior Citizen Aide H on Fishers Island to
assist vulnerable seniors and to coordinate with senior center staff on the mainland as needed.
We have continued to increase our visibility and expanded access to our services. Community
Action for Southold Town(CAST)Director, Cathy Demeroto,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 low income and low income minority seniors. In 2018, we will continue our
collaboration on a grant program called"Gert's Greens"to provide fresh local produce to seniors
in our community. The fresh produce is distributed to the CAST food pantry and to all home
delivered meals program participants along with an informational brochure about our many
programs. Seniors attending the nutrition program receive 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 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.
Southold Town is in the hiring process for hiring a new Disabilities and ADA
Coordinator as a result of the retirement of the previous appointee. The new hire will be 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. Proceeds are 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 one at the Island
Community Center on Fishers Island to better assist seniors with low vision remain independent
with their IADL's. In 2018 we are initiating an equipment loan program to offer one unit to low
vision seniors to use in their home. If the demand increases, funding to expand the program will
be pursued. 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 upon their request. We
currently have a working relationship with SAGE organization to expand their activities and
services to the LGBT community on the north fork.
We continue to broaden our community outreach efforts to include daily public service
announcements on Cablevision Channel 22—Government Access Television and WLNG-
Radio/92.1 FM. In addition to our existing print outreach activities of brochures,newspapers,
senior center menus and activity calendars and we are featured in Eastern Long Island Hospital's
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.
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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 CPHI"): 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.
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.
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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 under the 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.
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.
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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.
III. 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.
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.
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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.
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,
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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 orprovision, 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 Contractor to 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,
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.
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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 one (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.
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Article IA
Grievance Procedures
I. Purpose
A. In accordance with § 306(a)(10)of the Older Americans Act, as amended(OAA),
Suffolk County Office for the Aging has established the following process for resolving the
complaints from older persons who are dissatisfied with or denied services funded under Title III of
the Act.
II. Notifying Participants of Right to File Grievance
A. The Contractor shall notify participants and applicants of their right to file a grievance, as
follows:
1) 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 shall also be
written in languages other than English where needed to serve the client/applicant
population.
2) In-home services participants shall be informed of the grievance procedures through
written and verbal statements provided to them upon assessment and/or reassessment for
services.
B. Denial of Service. Any participant or applicant who is denied Title III services must be given the
reasons for the denial. For housekeeping,homemaker,home delivered meals, case management, and
other services for which written applications are made,the denial shall be confirmed in writing and
the applicant informed of the right to file a grievance and of the individual to whom the grievance
shall be addressed. For congregate meals, transportation, recreation, and other services which are
applied for by telephone or verbally in person,the client may be told of the right to file a grievance
verbally.
III. Grievance Process
A. Filing of Grievance
1) Participants must submit their grievances in writing to the person(s)that has been designated by a
service provider to conduct the initial review. The reviewer may be the director of the service
provider agency, or any other person designated by such director who is not familiar with or
otherwise involved in the particular grievance.
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2) The grievance should be filled within thirty(30) days of denial, reduction, or termination of
services, or of the event or circumstance with which the participant is dissatisfied. The service
provider may grant an extension for good cause shown.
3) The grievance should be filed on the enclosed form,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
1) The designated reviewer who performs the initial review shall investigate the grievance. If
appropriate,this may include meeting with the grievant and/or other persons involved in the
action(s) complained of or in the denial of services. The reviewer shall review all,pertinent facts
and/or documents, and shall determine whether the complained-of agency action or
determination was consistent with applicable federal and State laws, regulations, and policies.
2) The designated reviewer shall prepare and send a written response to the grievant within fifteen
(15) days after the grievance is filled. 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 an explanation of the determination, including the facts relied upon.
A copy of its decision must be forwarded to the Director of the Suffolk County Office for the
Aging.
3) The designated reviewer shall create and maintain a Complaint File consisting of the grievance
form, all documents and/or information relied upon in making a determination, and the written
response described above.
C. Appeal of Initial Response/Decision. If the complaint has been handled by a service provider
agency under subcontract to the Suffolk County Office for the Aging and the grievant is not
satisfied with the determination reached by such service provider;the grievant has the right to
further review as follows:
1) The grievant may initiate a request for subsequent review by the Suffolk County Office for the
Aging Director, P.O. Box 6100,Hauppauge,New York 11788-0099 within twenty(20) calendar
days following receipt of notification by the service provider agency of its decision.
2) The Suffolk County Office for the Aging Director shall request, and the subcontractor agency
shall provide, copies of the Complaint File. The Suffolk County Office for the Aging Director
will review the materials to ensure that pertinent policies and procedures have been applied and
followed. If appropriate,the Suffolk County Office for the Aging Director or his/her designee
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will meet with the grievant to allow for an opportunity to present information about the
grievance.
3) If policies and procedures have been adhered to,the Suffolk County Office for the Aging
Director will not overturn the decision of its subcontractor agency. If proper policies and
procedures have not been applied,the Suffolk County Office for the Aging reserves the right to
overturn the decision. The subsequent review shall be completed within forty-five(45) days of
receipt of the request by the grievant and the grievant will be promptly notified in writing of the
result of the subsequent review.
IV. Recordkeeping
The service provider agency which is handling the grievance shall keep a file,for six (6)years, of all
relevant documents and records. This shall include at a minimum: the initial grievance; any
investigative reports; any written response submitted by the Suffolk County Office for the Aging or
service provider agency; 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 appeal.
V. Confidentiality
No information, documents, or records relating to a grievance shall be disclosed by program staff or
volunteers in a form capable of identifying the grievant without the written informed consent of the
grievant unless the disclosure is required by court order or program monitoring by authorized agencies.
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COMPLAINT LETTER FORM
Service Provider
Letterhead
Instructions
Please complete both sides of this form. If assistance is needed in completing this form,you may contact
(Name and phone). Completed forms should be sent to:
Service Provider contact person and address
This form must be filed within(30) calendar days of the event or action
complained of unless you are granted an extension for good cause.
I am requesting a review of the following grievance:
❑ I was denied service.
❑ I am not satisfied with the quality of service or an activity provided by
your agency or by your service provider.
❑ I have the following grievance(briefly describe):
Date/estimated date of the event or action complained of-
Please describe in details what happened or what your grievance is (if you need extra
space, use back side of this form):
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Please state, if you know, what relief you are seeking:
Signed:
Name(print):
Date:
Address:
Phone Number:
End of Article 1A
End of Text for Article I
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Article II
Definitions d. the Contractor's failure to comply with any
Federal,State or local law,rule,or regulation,and
1. Meanings of Terms County policies or directives;or
As used herein: e. the Contractor's bankruptcy or insolvency;or
"Audit of Financial Statements"means the examination by f. the Contractor's failure to cooperate in an Audit of
the Comptroller and any Federal or State auditing authority of Financial Statements;or
the financial statements of the Contractor resulting in the
publication of an independent opinion on whether or not those g. the Contractor's falsification of records or reports,
financial statements are relevant,accurate,complete,and fairly misuse of funds,or malfeasance or nonfeasance in
presented. financial record keeping arising out of, or in
connection with,any contract with the County;or
"Budget"means the Contractor's summary or plan of all
intended revenue,whether received in the form of fees,grants,County h. the Contractor's failure to submit, or failure to
funding,or any other source;and expenditures necessary to render the timely submit,documentation to obtain Federal or
Services. State funds;or
"Budget Deficiency Plan" means an analysis of the cost of the i. the inability of the County or the Contractor to
Services,changes in fiscal conditions,and required modifications to the obtain Federal or State funds due to any act or
Contract to continue to render the Services. omission of the Contractor;or
"Comptroller"means the Comptroller of the County of Suffolk. j• any condition that the County determines, in its
sole discretion,is dangerous.
"Contract"means all terms and conditions of this Contract forming all
rights and obligations of the Contractor and the County. k. the failure to comply with Local Law 41-2013 and
related contractual requirements.
"Contractor"means the signatory corporation, its officers,officials,
employees, agents, servants, sub-contractors, volunteers, and any "Federal"means the United States government, its departments,and
successor or assign of any one or more of the foregoing performing the agencies.
Services.
"Fringe Benefits"means non-wage benefits which accompany,or are
"County"means the County of Suffolk,its departments,and agencies. in addition to, a person's salary, such as paid insurance, sick leave,
profit-sharing plans,paid holidays,and vacations.
"County Attorney" means the County Attorney of the County of
Suffolk. "Fund Source" means any direct or indirect sum payable to the
Contractor by the County pursuant to any lawful obligation.
"Department"means the signatory department approving the Contract. `
"Legislature"means the Legislature of the County of Suffolk.
"Engineering Services" means the definition of the practice of
engineering and the definition of practice of land surveying,as the case "Management Letter" means a letter certified as true by the
may be,under Section 7201 and Section 7203 of the State Education Contractor's certified public accountant or chief financial officer of
Law,respectively. findings and recommendations for improvements in internal fiscal
control that were identified during an Audit of Financial Statements,but
"Event of Default"means which were not required to be included in an audit report.
a. the Contractor's failure to perform any duty "Municipal Corporation"means a town,village,or school district.
required of it under paragraphs 1(b)-(e)of Article
III of the Contract;or "Services"means all that which the Contractor must do,and any part
thereof arising out of,or in connection with,the Contract as described
b. the Contractor's failure to maintain the amount and in Article I"Description of Services."
types of insurance with an authorized insurer as
required by the Contract;or "State"means the State of New York
C. the Contractor's failure to maintain insurance "Statement of Other Contracts"means a complete list of all other
required by the Contract with an insurer that has contracts under which money has been or will be paid to the Contractor
designated the New York Superintendent of from the County, Federal, or State governments, or a Municipal
Insurance as its lawful agent for service of process; Corporation, and (i) which are currently in effect or(ii) which have
or expired within the past twelve(12)months and have not been renewed.
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"Suffolk County Payment Voucher"means the document authorized
and required by the Comptroller for release of payment.
"Term"means the time period set forth on page one of the Contract
and,if exercised by the County,the option period.
2. Elements of Interpretation
Words of the masculine gender shall mean and include correlative
words of the feminine and neuter genders and words importing the
singular number shall mean and include the plural number and vice
versa. Words importing persons shall include firms, associations,
partnerships(including limited partnerships),trusts,corporations,and
other legal entities,including public bodies,as well as natural persons,
and shall include successors and assigns.
Capitalized terms used,but not otherwise defined,herein,shall have the
meanings assigned to them in the Contract.
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Article III Contract remains to be performed, and the
General Terms and Conditions termination of the license does not affect the
Contractor's ability to render the Services, every
1. Contractor Responsibilities other term and provision of the Contract shall be
valid and enforceable to the fullest extent permitted
a. Duties and Obligations by law.
i.) It shall be the duty of the Contractor to d. Documentation of Professional Standards
discharge, or cause to be discharged, all of its
responsibilities,and to administer funds received in The Contractor shall maintain on file, in one location in
the interest of the County in accordance with the Suffolk County, all records that demonstrate that it has
provisions of the Contract. complied with sub-paragraphs(b)and(c)above. The address
of the location of the aforesaid records and documents shall
ii.) The Contractor shall promptly take all be provided to the County no later than the date of execution
action as may be necessary to render the Services. of the Contract. Such documentation shall be kept,
maintained,and available for inspection by the County upon
iii.) The Contractor shall not take any action twenty-four(24)hours notice.
that is inconsistent with the provisions of the
Contract. e. Credentialing
iv.) Services provided under this Contract i.) In the event that the Department,or any
shall be open to all residents of the County. division thereof maintains a credentialing process
to qualify the Contractor to render the Services,the
b. Qualifications, Licenses, and Professional Contractor shall complete the required
Standards credentialing process. In the event that any State
credential, registration, certification or license,
The Contractor represents and warrants that it has,and shall Drug Enforcement Agency registration, or
continuously possess,during the Term,the required licensing, Medicare or Medicaid certification is restricted,
education,knowledge,experience,and character necessary to suspended,or temporarily or permanently revoked,
qualify it to render the Services. it is the duty of the Contractor to contact the
Department,or division thereof;as the case may be,
The Contractor shall continuously have during the Term all in writing, no later than three(3) days after such
required authorizations, certificates, certifications, restriction,suspension,or revocation.
registrations,licenses,permits,and other approvals required
by Federal, State, County, or local authorities necessary to ii.) The Contractor shall forward to the
qualify it to render the Services. Department,or division thereof,as the case may be,
on or before July 1 of each year during the Term,a
C. Notifications complete list of the names and addresses of all
persons providing the Services, as well as their
i.) The Contractor shall immediately notify respective areas of certification, credentialing,
the County, in writing, of any disciplinary registration,and licensing.
proceedings, commenced or pending, with any
authority relating to a license held by any person f. Engineering Certificate
necessary to qualify him,her,or the Contractor to
perform the Services. In the event that the Contract requires any Engineering
Services,the Contractor shall submit to the County,no later
ii.) In the event that a person is no longer than the due date for submission for approval of any
licensed to perform the Services, the Contractor engineering work product, the Certificate of Authorization
must immediately notify the County, but in no ("Certificate"), issued pursuant to § 7210 of the New York
event shall such notification be later than five(5) Education Law,of every person performing any Engineering
days after a license holder has lost the license Services. The failure to file, submit, or maintain the
required to qualify the license holder or the Certificate shall be grounds for rejection of any engineering
Contractor to perform the Services. work product submitted for approval.
iii.) In the event that the Contractor is not 2. Termination
able to perform the Services due to a loss of
license,the Contractor shall not be reimbursed for a. Thirty Days Termination
the Services rendered after the effective date of
termination of such license. Without limiting the The County shall have the right to terminate the Contract
generality of the foregoing, if any part of the without cause,for any reason,at any time,upon such terms
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and conditions it deems appropriate,provided,however,that
no such termination shall be effective unless the Contractor is b. The Contractor hereby represents and warrants that
given at least thirty(30)days notice. it will not infringe upon any copyright in performing the
Services. The Contractor agrees that it shall protect,
b. Event of Default;Termination on Notice indemnify,and hold harmless the County,its agents,servants,
officials,and employees from and against all liabilities,fines,
i.) The County may immediately terminate penalties, actions, damages, claims, demands, judgments,
the Contract, for cause, upon such terms and losses,suits or actions,costs,and expenses arising out of any
conditions it deems appropriate, in the Event of claim asserted for infringement of copyright, including
Default. reimbursement of the cost of reasonable attorneys' fees
incurred by the County, its agents, servants, officials, and
ii.) If the Contractor defaults under any other employees in any action or proceeding arising out of or in
provision of the Contract, the County may connection with any claim asserted for infringement of
terminate the Contract, on not less than five (5) copyright.
days notice, upon such terms and conditions it
deems appropriate. C. The Contractor shall defend the County,its agents,
servants, officials, and employees in any proceeding or
C. Termination Notice action, including appeals, arising out of, or in connection
with, the Contract, and any copyright infringement
Any notice providing for termination shall be delivered as proceeding or action.Alternatively,at the County's option,
provided for in paragraph 27 of this Article III. the County may defend any such proceeding or action and
require the Contractor to pay reasonable attorneys' fees or
d. Duties upon Termination salary costs of County employees of the Department of Law
for the defense of any such suit.
i.) The Contractor shall discontinue the
Services as directed in the termination notice. 4. Insurance
ii.) Subject to any defenses available to it, a. The Contractor shall continuously maintain,during
the County shall pay the Contractor for the the Term of the Contract,insurance in amounts and types as
Services rendered through the date of termination. follows:
iii.) The County is released from any and all
liability under the Contract,effective as of the date i.) Commercial General Liability insurance,
of the termination notice. including contractual liability coverage, in an
amount not less than Two Million Dollars
iv.) Upon termination, the Contractor shall ($2,000;000.00)per occurrence for bodily injury
reimburse the County the balance of any funds and Two Million Dollars ($2,000,000.00)-per
advanced to the Contractor by the County no later occurrence for property damage. The County shall
than thirty (30) days after termination of the be named an additional insured.
Contract. The provisions of this subparagraph shall
survive the expiration or termination of the ii.) Automobile Liability insurance (if any
Contract. non-owned or owned vehicles are used by the
Contractor in the performance of the Contract)in
V.) Nothing contained in this paragraph shall an amount not less than Five Hundred Thousand
be construed as a limitation on the County's rights Dollars($500,000.00)per person,per accident,for
set forth in paragraphs 1(c) (iii) and 8 of this bodily injury and'not less than One Hundred
Article III. Thousand Dollars ($100,000.00) for property
damage per occurrence.The County shall be named
3. Indemnification and Defense an additional insured.
a. The Contractor shall protect,indemnify,and hold iii.) Workers'Compensation and Employer's
harmless the County, its agents, servants, officials, and Liability insurance in compliance with all
employees from and against'all liabilities, fines, penalties, applicable New York State laws and regulations
actions,damages,claims,demands,judgments,losses,suits and Disability Benefits insurance, if required by
or actions,costs,'and expenses'caused by the negligence or law. The Contractor shall furnish to the County,
any acts or omissions of the Contractor, including prior to its execution of the Contract, the
reimbursement of the cost of reasonable attorneys' fees documentation required by the State of New York
incurred by the County, its agents, servants, officials, and Workers' Compensation Board of coverage or
employees in any action or proceeding arising out of,or in exemption from coverage pursuant to§§57 and 220
connection with,the Contract. of the Workers'Compensation Law. In accordance
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with General Municipal Law §108, the Contract construed as creating a principal-agent relationship between
shall be void and of no effect unless the Contractor the County and the Contractor or the Contractor and the
shall provide and maintain coverage during the County,as the case may be.
Term for the benefit of such employees as are
required to be covered by the provisions of the 6. Severability
Workers'Compensation Law.
It is expressly agreed that if any term or provision of this
iv.) Professional Liability insurance in an Contract, or the application thereof to any person or
amount not less than Two Million Dollars circumstance,shall be held invalid or unenforceable to any
($2,000,000.00) on either a per-occurrence or extent,the remainder of the Contract, or the application of
claims-made coverage basis. such term or provision to persons or circumstances other than
those as to which it is held invalid or unenforceable,shall not
b. The County may mandate an increase in the liability be affected thereby,and every other term and provision of the
limits set forth in the immediately preceding paragraphs Contract shall be valid and shall be enforced to the fullest
(4)(a)(i),(ii),and(iv). extent permitted by law.
C. All policies providing such coverage shall be issued 7. Merger;No Oral Changes
by insurance companies authorized to do business in New
York with an A.M.Best rating of A-or better. It is expressly agreed that the Contract represents the entire
agreement of the parties and that all previous understandings
d. The Contractor shall furnish to the County,prior to are herein merged in the Contract. No modification of the
the execution of the Contract, declaration pages for each Contract shall be valid unless in written form and executed by
policy of insurance, other than a policy for commercial both parties.
general liability insurance, and upon demand, a true and
certified original copy of each such policy evidencing 8. Set-Off Rights
compliance with the aforesaid insurance requirements.
The County shall have all of its common law,equitable,and
e. In the case of commercial general liability statutory rights of set-off. These rights shall include,but not
insurance,the Contractor shall furnish to the County,prior to be limited to,the County's option to withhold from a Fund
the execution of the Contract,a declaration page or insuring Source an amount no greater than any sum due and owing to
agreement and endorsement page evidencing the County's the County for any reason. The County shall exercise its set-
status as an additional insured on said policy, and upon off rights subject to approval by the County Attorney. In
demand, a true and certified original copy of such policy cases of set-off pursuant to a Comptroller's audit,the County
evidencing compliance with the aforesaid insurance shall only exercise such right after the finalization thereof,
requirements. and only after consultation with the County Attorney.
E All evidence of insurance shall provide for the 9. Non-Discrimination in Services
County to be notified in writing thirty(30)days prior to any
cancellation,nonrenewal,or material change in the policy to a. The Contractor shall not, on the grounds of race,
which such evidence relates. It shall be the duty of the creed, color, national origin, sex, age, disability, sexual
Contractor to notify the County immediately of any orientation,military status,or marital status
cancellation,nonrenewal,or material change in any insurance
policy. i.) deny any individual the Services
provided pursuant to the Contract;or
g. In the event the Contractor shall fail to provide ii.) provide the Services to an individual that
evidence of insurance,the County may provide the insurance is different, or provided in a different
required in such manner as the County deems appropriate and manner, from those provided to others
deduct the cost thereof from a Fund Source. pursuant to the Contract;or
iii.) subject an individual to segregation or
h. If the Contractor is a Municipal Corporation and separate treatment in any matter related
has a self-insurance program under which it acts as a self- to the individual's receipt of the Services
insurer for any of such required coverage,the Contractor shall provided pursuant to the Contract;or
provide proof, acceptable to the County, of self-funded iv.) restrict an individual in any way from
coverage. any advantage or privilege enjoyed by
others receiving the Services provided
5. Independent Contractor pursuant to the Contract;or
treat an individual differently from others
The Contractor is not, and shall never be, considered an in determining whether or not the
employee of the County for any purpose. Notwithstanding individual satisfies any eligibility or
anything contained in this Contract,the Contract shall not be other requirements or conditions which
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individuals must meet in order to receive whether or when a conflict may potentially exist shall
the Services provided pursuant to the ultimately be made by the County Attorney after full
Contract. disclosure is obtained.
b. The Contractor shall not utilize criteria or methods 14. Cooperation on Claims
of administration which have the effect of subjecting
individuals to discrimination because of their race, creed, The Contractor and the County shall render diligently to each
color,national origin,sex,age,disability,sexual orientation, other, without compensation, any and all cooperation that
military status, or marital status, or have the effect of may be required to defend the other party,its employees and
substantially impairing the Contract with respect to designated representatives, against any claim, demand or
individuals of a particular race,creed,color,national origin, action that may be brought against the other party, its
sex, age, disability, sexual orientation, military status, or employees or designated representatives arising out of,or in
marital status,in determining: I connection with,the Contract.
i.) the Services to be provided;or 15. Confidentiality
ii.) the class of individuals to whom,or the Any document of the County,or any document created by the
situations in which,the Services will be Contractor and used in rendering the Services,shall remain
provided;or the property of the County and shall be kept confidential in
accordance with applicable laws,rules,and regulations.
iii.) the class of individuals to be afforded an
opportunity to receive the Services. 16. Assignment and Subcontracting
10. Nonsectarian Declaration a. The Contractor shall not delegate its duties under
the Contract,or assign,transfer,convey,subcontract,sublet,
The Services performed under the Contract are secular in or otherwise dispose of the Contract,or any of its right,title
nature. No funds received pursuant to the Contract shall be or interest therein, or its power to execute the Contract, or
used for sectarian purposes or to further the advancement of assign all or any portion of the moneys that may be due or
any religion. The Services will be available to all eligible become due hereunder, (collectively referred to in this
individuals regardless of religious belief or affiliation. paragraph 16 as"Assignment"),to any other person,entity or
thing without the prior written consent of the County,and any
11. Governing Law attempt to do any of the foregoing without such consent shall
be void ab initio.
The Contract shall be governed by, and construed in
accordance with,the laws of the State of New York,without b. Such Assignment shall be subject to all of the
regard to conflict of laws.Venue shall be designated in the provisions of the Contract and to any other condition the
Supreme Court, Suffolk County, the United States District County requires. No approval of any Assignment shall be
Court for the Eastern District of New York,or,if appropriate, construed as enlarging any obligation of the County under the
a court of inferior jurisdiction in Suffolk County. terms and provisions of the Contract. No Assignment of the
Contract or assumption by any person of any duty of the
12. No Waiver Contractor under the Contract shall provide for,or otherwise
be construed as, releasing the Contractor from any term or
It shall not be construed that any failure or forbearance of the provision of the Contract.
County to enforce any provision of the Contract in any
particular instance or instances is a waiver of that provision. 17. Changes to Contractor
Such provision shall otherwise remain in full force and effect,
notwithstanding any such failure or forbearance. a. The Contractor may,from time to time,only with
the County's written consent,enter into a Permitted Transfer.
For purposes of the Contract,a Permitted Transfer means:
13. Conflicts of Interest i.) if the Contractor is a partnership, the
withdrawal or change, whether
The Contractor shall not,during the Term,pursue a course of voluntary,involuntary or by operation of
conduct which would cause a reasonable person to believe law, of the partners, or transfer of
that he or she is likely to be engaged in acts that create a partnership interests (other than the
substantial conflict between its obligations under the Contract purchase of partnership interests by
and its private interests. The Contractor is charged with the existing partners,by the partnership itself
duty to disclose to the County the existence of any such or the immediate family members by
adverse interests, whether existing or potential. This duty reason of gift, sale or devise), or the
shall continue as long as the Term.The determination as to dissolution of the partnership without
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immediate reconstitution thereof,and described under Article II of Chapter 189 of the Suffolk
County Code. The County shall grant or deny its consent to
ii.) if the Contractor is a closely held any request of a Permitted Transfer within twenty(20)days
corporation (i.e. whose stock is not after delivery to the County of the Transfer Notice, in
publicly held and not traded through an accordance with the provisions of Paragraph 27 of Article III
exchange or over the counter): of the Contract. If the County shall not give written notice to
the Contractor denying its consent to such Permitted Transfer
1. the dissolution, merger, (and setting forth the basis for such denial in reasonable
consolidation or other detail)within such twenty(20)-day period,then the County
reorganization of the shall be deemed to have granted its consent to such Permitted
Contractor;and Transfer.
2. the sale or other transfer of e. Notwithstanding the County's consent,
twenty percent(20%)or more
of the shares of the Contractor i.) the terms and conditions of the Contract
(other than to existing shall in no way be deemed to have been
shareholders, the corporation waived or modified;and
itself or the immediate family
members of shareholders by ii.) such consent shall not be deemed
reason of gift,sale or devise). consent to any further transfers.
b. If the Contractor is a not-for-profit corporation,a 18. No Intended Third Party Beneficiaries
change of twenty percent (201 o) or more of its shares or
members shall be deemed a Permitted Transfer. The Contract is entered into solely for the benefit of the
County and the Contractor. No third party shall be deemed a
C. The Contractor shall notify the County in writing, beneficiary of the Contract and no third party shall have the
which notice(the"Transfer Notice")shall include: right to make any claim or assert any right under the Contract.
i.) the proposed effective date of the 19. Certification as to Relationships
Permitted Transfer, which shall not be
less than thirty(30)days nor more than The Contractor certifies under penalties of perjury that,other
one hundred eighty(180)days after the than through the funds provided in the Contract and other
date of delivery of the Transfer Notice; valid agreements with the County,there is no known spouse,
life partner, business, commercial, economic, or financial
ii.) a summary of the material terms of the relationship with the County or its elected officials. The
proposed Permitted Transfer; Contractor also certifies that,there is no relationship within
the third degree of consanguinity, between the Contractor,
iii.) the name and address of the proposed any of its partners, members, directors, or shareholders
transferee; owning five(5%)percent or more of the Contractor,and the
County. The foregoing certification shall not apply to a
iv.) such information reasonably required by contractor that is a municipal corporation or a government
the County, which will enable the entity.
County to determine the financial
responsibility,character,and reputation 20. Publications
of the proposed transferee,nature of the
proposed assignee/transferee's business Any book,article,report,or other publication related to the
and experience; Services provided pursuant to this Contract shall contain the
following statement in clear and legible print:
V.) all executed forms required pursuant to
Article IV of the Contract, that are "This publication is fully or partially funded
required to be submitted by the by the County of Suffolk."
Contractor;and
21. Copyrights and Patents
Vi.) such other information as the County
may reasonably require. a. Copyrights
d. The County agrees that any request for its consent Any and all materials generated by or on behalf of the
to a Permitted Transfer shall be granted, provided that the Contractor while performing the Services(including,without
transfer does not violate any provision of the Contract,and limitation,designs,images,video,reports,analyses,manuals,
the transferee has not been convicted of a criminal offense as films,tests,tutorials,and any other work product of any kind)
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t Rev. 11/21/2017; Law No. IFMS No.00000009018
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and all intellectual property rights relating thereto ("Work 23. Lawful Hiring of Employees Law in Connection with
Product")are and shall be the sole property of the County. Contracts for Construction or Future Construction
The Contractor hereby assigns to the County its entire right,
title and interest,if any,to all Work Product,and agrees to do In the event that the Contract is subject to the Lawful Hiring
all acts and execute all documents,and to use its best efforts of Employees Law of the County of Suffolk,Suffolk County
to ensure that its employees, consultants, subcontractors, Code Article II of Chapter 353,as more fully set forth in the
vendors and agents do all acts and execute any documents, Article entitled"Suffolk County Legislative Requirements,"
necessary to vest ownership in the County of any and all the Contractor shall maintain the documentation mandated to
Work Product. The Contractor may not secure copyright be kept by this law on the construction site at all times.
protection. The County reserves to itself,and the Contractor Employee sign-in sheets and register/log books shall be kept
hereby gives to the County, and to any other person on the construction site at all times and all covered
designated by the County, consent to pr6duce, reproduce, employees, as defined in the law, shall be required to sign
publish,translate,display or otherwise use the Work Product. such sign-in sheets/register/log books to indicate their
This paragraph shall survive any completion,expiration or presence on the construction site during such working hours.
termination of this Contract.
24. Certification Regarding Lobbying
The County shall be deemed to be the author of all the Work
Product. The Contractor acknowledges that all Work Product Together with this Contract and as a condition precedent to
shall constitute "work made for hire" under the U.S. its execution by the County, the Contractor shall have
copyright laws. To the extent that any Work Product does not executed and delivered to the County the Certification
constitute a "work made for hire," the Contractor hereby Regarding Lobbying (if payment under this Contract may
assigns to the County all right,title and interest,including the exceed $100,000) as required by Federal regulations, and
right,title and interest to reproduce, edit, adapt,modify or shall promptly advise the County of any material change in
otherwise use the Work Product, that the Contractor may any of the information reported on such Certification, and
have or may hereafter acquire in the Work Product,including shall otherwise comply with,and shall assist the County in
all intellectual property rights therein, in any manner or complying with, said regulations as now in effect or as
medium throughout the world in perpetuity without amended during the term of this Contract.
compensation. This includes,but is not limited to,the right
to reproduce and distribute the Work Product in electronic or 25. Record Retention
optical media,or in CD-ROM,on-line or similar format.
The Contractor shall retain all accounts,books,records,and
b. Patents other documents relevant to the Contract for seven(7)years
after final payment is made by the County. Federal, State,
If the Contractor develops, invents, designs or creates any and/or County auditors and any persons duly authorized by
idea, concept, code, processes or other work or materials the County shall have full access and the right to examine any
during the Term, or as a result of any Services performed of said materials during said period. Such access is granted
under the Contract("patent eligible subject matter"),it shall notwithstanding any exemption from disclosure that may be
be the sole property of the County. The Contractor hereby claimed for those records which are subject to nondisclosure
assigns to the County its entire right,title and interest,if any, agreements, trade secrets and commercial information or
to all patent eligible subject matter,and agrees to do all acts financial information that is privileged or confidential
and execute all documents, and to use its best efforts to Without limiting the generality of the foregoing, records
ensure that its employees, consultants, subcontractors, directly related to contract expenditures shall be kept for a
vendors and agents do all acts and execute any documents, period of ten(10)years because the statute of limitations for
necessary to vest ownership in the County of any and all the New York False Claims Act(New York False Claims Act
patent eligible subject matter. The Contractor may not apply § 192)is ten(10)years.
for or secure for itself patent protection. The County reserves
to itself,and the Contractor hereby gives to the County,and 26. Contract Agency Performance Measures and Reporting
to any other person designated by the County, consent to Requirements—Local Law No.41-2013
produce or otherwise use any item so discovered and/or the
right to secure a patent for the discovery or invention. This a. If payment under this Contract may exceed
paragraph shall survive any completion, expiration or $50,000,it is subject to the requirements of Suffolk County
termination of this Contract. Local Law No. 41-2013, a Local Law to Implement
Performance Measurement to Increase Accountability and
22. Arrears to County Enhance Service Delivery by Contract Agencies(Article VIII
of Chapter 189 of the Suffolk County Code)as set forth in
Contractor warrants that, except as may otherwise be Article IV entitled "Suffolk County Legislative
authorized by agreement, it is not in arrears to the County Requirements."
upon any debt,contract,or any other lawful obligation,and is
not in default to the County as surety. b. The Contractor shall cooperate with the Department
in all aspects necessary to help carry out the requirements of
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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,as more fully set forth in Article
I and Article IV of this Contract.
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
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Article IV Living Wage Certification/Declaration—Subject to Audit."
Suffolk County Legislative Requirements
NOTE: THE CONTRACTOR'S COMPLETED LEGISLATIVE 3. Use of County Resources to Interfere with Collective
REQUIREMENTS FORMS REFERENCED HEREIN ARE Bargaining Activities
AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON It shall be the duty of the Contractor to read,become familiar
THE SIGNATURE PAGE OF THIS CONTRACT. with, and comply with the requirements of Article I of
Chapter 803 of the Suffolk County Code.
1. Contractor's/Vendor's Public Disclosure Statement
County Contractors (as defined by section 803-2) shall
It shall be the duty of the Contractor to read,become familiar comply with all requirements of Chapter 803 of the Suffolk
with, and"comply with the requirements of section A5-8 of County Code,including the following prohibitions:
Article V of the Suffolk County Code.
a. The Contractor shall not use County funds to assist,
Unless certified by an officer of the Contractor as being promote,or deter union organizing.
exempt from the requirements of section A5-8 of Article V of
the Suffolk County Code, the Contractor represents and b. No County funds shall be used to reimburse the
warrants that it has filed with the Comptroller the verified Contractor for any costs incurred to assist,promote,
public disclosure statement required by Suffolk County or deter union organizing.
Administrative Code Article V,section A5-8 and shall file an
update of such statement with the Comptroller on or before C. No employer shall use County property to hold a
the 31st day of January in each year of the Contract's meeting with employees or supervisors if the
duration. The Contractor acknowledges that such filing is a purpose of such meeting is to assist, promote, or
material,contractual and statutory duty and that the failure to deter union organizing.
file such statement shall constitute a material breach of the
Contract, for which the County shall be entitled, upon a If the Services are performed on County property, the
determination that such breach has occurred,to damages,in Contractor must adopt a reasonable access agreement, a
addition to all other legal remedies,of fifteen percent(15%) neutrality agreement, fair communication agreement, non-
of the amount of the Contract. intimidation agreement, and a majority authorization card
agreement.
Required Form:
Suffolk County Form SCEX 22; entitled If the Services are for the provision of human services and are
"Contractor'sNendor's Public Disclosure Statement" not to be performed on County property,the Contractor must
adopt,at the least,a neutrality agreement.
2. Living Wage Law
Under the provisions of Chapter 803,the County shall have
It shall be the duty of the Contractor to read,become familiar the authority,under appropriate circumstances,to terminate
with,and comply with the requirements of Chapter 575,of the Contract and to seek other remedies as set forth therein,
the Suffolk County Code. for violations of this Law.
This Contract is subject to the Living Wage Law of the Required Form:
County of Suffolk. The law requires that, unless specific Suffolk County Labor Law Form DOL-LOI;entitled"Suffolk
exemptions apply,all employers(as defined)under service County Department of Labor—Labor Mediation Unit Union
contracts and recipients of County financial assistance, (as Organizing Certification/Declaration-Subject to Audit."
defined) shall provide payment of a minimum wage to
employees as set forth in the Living Wage Law. Such rate 4. Lawful Hiring of Employees Law
shall be adjusted annually pursuant to the terms of the Suffolk
County Living Wage Law of the County of Suffolk.Under It shall be the duty of the Contractor to read;become familiar
the provisions of the Living Wage Law,the County shall have with, and comply with the requirements of Article II of
the authority,under appropriate circumstances,to terminate Chapter 353 of the Suffolk County Code.
the Contract and to seek other remedies as set forth therein,
for violations of this Law. This Contract is subject to the Lawful Hiring of Employees
Law of the County of Suffolk. It provides that all covered
Required Forms: employers,(as defined),and the owners thereof,as the case
may be,that are recipients of compensation from the County
Suffolk County Living Wage Form DOL-1/38 (Revised through any grant, loan, subsidy, funding, appropriation,
8/2017); entitled "Suffolk County Department of Labor, payment, tax incentive, contract, subcontract, license
Licensing & Consumer Affairs Notice of Application for agreement,lease or other financial compensation agreement
County Compensation" issued by the County or an awarding agency, where such
41 of 53 pages
ARTICLE IV
Rev.,11/21/2017; Law No. IFMS No.00000009018
CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
compensation is one hundred percent(100%)funded by the Required Forms:
County, shall submit a completed sworn affidavit (under
penalty of perjury),the form of which is attached,certifying Suffolk County Department of Labor, Licensing, &
that they have complied,in good faith,with the requirements Consumer Affairs — Notice of Application to certify
of Title 8 of the United States Code Section 1324a with compliance with Federal Law(8 U.S.C.Section 1324A)with
respect to the hiring of covered employees(as defined)and respect to Lawful Hiring of employees,Suffolk County Code
with respect to the alien and nationality status of the owners Chapter 353(2006)"DOL-LHE-1/2(Revised 8/2017).;\
thereof. The affidavit shall be executed by an authorized
representative of the covered employer or owner,as the case
may be;shall be part of any executed contract,subcontract, 5. Gratuities
license agreement, lease or other financial compensation
agreement with the County; and shall be made available to It shall be the duty of the Contractor to read,become familiar
the public upon request. with,and comply with the requirements of Chapter 664 of the
All contractors and subcontractors(as defined) of covered Suffolk County Code.
employers,and the owners thereof,as the case may be,that The Contractor represents and warrants that it has not offered
are assigned to perform work in connection with a County or given any gratuity to any official,employee or agent of the
contract, subcontract, license agreement, lease or other County or the State or of any political party,with the purpose
financial compensation agreement issued by the County or or intent of securing an agreement or securing favorable
awarding agency,where such compensation is one hundred treatment with respect to the awarding or amending of an
percent(100%) funded by the County, shall submit to the agreement or the making of any determinations with respect
covered employer a completed sworn affidavit(under penalty to the performance of an agreement.
of perjury),the form of which is attached,certifying that they
have complied,in good faith,with the requirements of Title 8 6. Prohibition Against Contracting with Corporations
of the United States Code Section 1324a with respect to the that Reincorporate Overseas
hiring of covered employees and with respect to the alien and
nationality status of the owners thereof,as the case may be. It shall be the duty of the Contractor to read,become familiar
The affidavit shall be executed by an authorized with, and comply with the requirements of sections A4-13
representative of the contractor,subcontractor,or owner,as and A4-14 of Article IV of the Suffolk County Code.
the case may be; shall be part of any executed contract,
subcontract, license agreement, lease or other financial The Contractor represents that it is in compliance with
compensation agreement between the covered employer and sections A4-13 and A4-14 of Article IV of the Suffolk
the County;and shall be made available to the public upon County Code. Such law provides that no contract for
request. consulting services or goods and services shall be awarded by
the County to a business previously incorporated within the
An updated affidavit shall be submitted by each such U.S.A.that has reincorporated outside the U.S.A.
employer,owner,contractor and subcontractor no later than
January 1 of each year for the duration of any contract and
upon the renewal or amendment of the Contract, and 7. Child Sexual Abuse Reporting Policy
whenever a new contractor or subcontractor is hired under the It shall be the duty of the Contractor to read,become familiar
terms of the Contract. with, and comply with the requirements of Article 11 of
The Contractor acknowledges that such filings are a material, Chapter 880 of the Suffolk County Code.
contractual and statutory duty and that the failure to file any
such statement shall constitute a material breach of the The Contractor shall comply with Article II of Chapter 880,
Contract. of the Suffolk County Code, entitled"Child Sexual Abuse
Reporting Policy,"as now in effect or amended hereafter or
Under the provisions of the Lawful Hiring of Employees, of any other Suffolk County Local Law that may become
Law, the County shall have the authority to terminate the applicable during the term of the Contract with regard to
Contract for violations of this Law and to seek other remedies child sexual abuse reporting policy.
available under the law.
8. Non Responsible Bidder
The documentation mandated to be kept by this law shall at
all times be kept on site. Employee sign-in sheets and It shall be the duty of the Contractor to read,become familiar
register/log books shall be kept on site at all times during with, and comply with the requirements of Article 11 of
working hours and all covered employees,as defined in the Chapter 189 of the Suffolk County Code.
law,shall be required to sign such sign-in sheets/register/log
books to indicate their presence on the site during such Upon signing the Contract,the Contractor certifies that it has
working hours. not been convicted of a criminal offense within the last ten
(10)years. The term"conviction"shall mean a finding of
guilty after a trial or a plea of guilty to an offense covered
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ARTICLE IV
' Rev. 11/21/2017; Law No. IFMS No. 00000009018
CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
under section 189-5 of the Suffolk County Code under prohibited from selling or otherwise providing to any third
"Nonresponsible Bidder." party,in any manner whatsoever,the personal or identifying
information of any minor participating in their programs.
9. Use of Funds in Prosecution of Civil Actions
Prohibited 13. Contract Agency Performance Measures and
Reporting Requirements
It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Article III of It shall be the duty of the Contractor to read,become familiar
Chapter 893 of the Suffolk County Code. with, and comply with the requirements of Suffolk County
Local Law No. 41-2013, a Charter Law to Implement
The Contractor shall not use any of the moneys,in part or in Performance Measurement to Increase Accountability and
whole, and either directly or indirectly, received under the Enhance Service Delivery by Contract Agencies(Article VIII
Contract in connection with the prosecution of any civil of Chapter 189 of the Suffolk County Code)as more fully set
action against the County in any jurisdiction or any judicial or forth in Article I and Article III of this Contract.
administrative forum.
All contract agencies having a contract in excess of$50,000
10. Youth Sports shall cooperate with the contract's administering department
to identify the key performance measures related to the
It shall be the duty of the Contractor to read,become familiar objectives of the services that the contract agency provides
with, and comply with Article III of Chapter 730 of the and shall develop an annual performance reporting plan.The
Suffolk County Code. contract agency shall cooperate with the administering
department and the County Executive's Performance
All contract agencies that conduct youth sports programs are Management Team to
required to develop and maintain a written plan or policy appropriate performance indicators and targets for monthly
addressing incidents of possible or actual concussion or other evaluation of the contract agency's performance.
head injuries among sports program participants.Such plan or
policy must be submitted prior to the award of a County 14. Suffolk County Local Laws Website Address
contract,grant or funding. Receipt of such plan or policy by
the County does not represent approval or endorsement of
any such plan or policy, nor shall the County be subject to Suffolk County Local Laws,Rules and Regulations
can be accessed on the homepage of the Suffolk
any liability in connection with any such plan or policy.
County Legislature.
11. Work Experience Participation
15. Suffolk County Code of Ethics
If the Contractor is a not-for-profit or governmental agency or As required by Suffolk County Standard Operating Procedure
institution,each of the Contractor's locations in the County at A-06,the following is a link to the Suffolk County Ethics
which the Services are provided shall be a work site for Booklet,which contains the provisions of the Suffolk County
public-assistance clients of Suffolk County pursuant to Code of Ethics:
Chapter 281 of the Suffolk County Code at all times during
the Term of the Contract. If no Memorandum of http://www.suffolkcougl3M.gov/Portals/0Boardofethics/Cod
Understanding("MOU")with the Suffolk County Department e%20o1%20Ethics0/620BookIet%20-
of Labor for work experience is in effect at the beginning of %20Revised%2OJanuarv%2O2Ol7.pdf
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 End of Text for Article IV
accordance with the Contract, for which the County may
withhold payment, terminate the Contract or exercise such
other remedies as may be appropriate in the circumstances.
12. Safeguarding Personal Information of Minors
It shall be the duty of the Contractor to read,become familiar
with, and comply with the requirements of Suffolk County
Local Law No. 20-2013, a Local Law to Safeguard the
Personal Information of Minors in Suffolk County.
All contract agencies that provide services to minors are
required to protect the privacy of the minors and are strictly
43 of 53 pages
ARTICLE IV
' Rev. 1-1/21/2017; Law No. IFMS No.00000009018
CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
Article V Suffolk County Department of Audit and Control. In
General Fiscal Terms and Conditions addition to any other remedies that the County may
have,failure to supply the required documentation will
1. General Payment Terms 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)
prepare and present a Suffolk County Payment days after approval of the Suffolk County Payment
Voucher, which shall be documented by sufficient, Voucher by the Comptroller.
competent and evidential matter. Each Suffolk County
Payment Voucher submitted for payment is subject to d. Budget Modification
Audit at any time during the Term or any extension
thereof. This provision shall survive expiration or i.) The parties shall use the Contract Budget
termination of this Contract for a period of not less Modification Request form ("Budget
than seven(7)years,and access to records shall be as Modification") for revisions to the Budget and
set forth in paragraph 25 of Article III,and paragraph Services not involving an increase to the total cost
4(b)of 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 31't 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 Contractor's submitted prior to November 15 thof that year.
Director/Executive Director shall be certified by the
Chairperson,President or other designated member of e. Budget and/or Services Revisions
the Board of Directors of the Contractor and shall be •
maintained by the Contractor for audit. All Suffolk i.) The parties shall use the Contract Budget/Services
County Payment Vouchers must bear a signature as Revision Approval Form (Budget /Services
that term is defined pursuant to New York State Revisions)for revisions to the Budget and Services
General Construction Law §46 by duly authorized involving any change to the total cost of the
persons, and certification of such authorization with Contract due to a resolution of the Legislature,
certified specimen signatures thereon must be filed changes to the County's adopted annual budget,or
with the County by a Contractor official empowered to for any other reason necessitating revisions to the
sign the Contract. Disbursements made by the Budget or Services.
Contractor in accordance with the Contract and
submitted for reimbursement must be documented and ii.) When the County and the Contractor agree as to
must comply with accounting procedures as set forth such revisions, the Department will enter the
by the Suffolk County Department of Audit and information into the Budget/Services Revisions
Control. Documentation,including any other form(s) form and send it to the Contractor for signature.
required by County or the Suffolk County Department The Contractor shall return it to the County for
of Audit and Control,shall be furnished to the County execution along with any other documentation the
pursuant to, and as limited by, the Regulations for Department may require.
Accounting Procedures for Contract Agencies of the
44 of 53 pages
ARTICLE V
s
Rev. 11/21/2017; Law No. IFMS No.00000009018
CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
iii.) Upon complete execution of the form by the a. Upon request, the Contractor shall submit to the
parties, the County shall return a copy to the County a current copy,certified by the Contractor
Contractor. The revision shall not be effective until as true and accurate,of its
the Budget /Services Revisions is completely
executed. i.) salary scale for all positions listed in the Budget;
E Taxes ii.) personnel rules and procedures;
The charges payable to the Contractor under the iii.) pension plan and any other employee benefit plans
Contract are exclusive of federal, state, and local or arrangements.
taxes,the County being a municipality exempt from
payment of such taxes. b. The Contractor shall not be entitled to
reimbursement for costs under any pension or benefit
g. Final Voucher plan the Comptroller deems commercially
unreasonable.
The acceptance by the Contractor of payment of all
billings made on the final approved Suffolk County C. Notwithstanding anything in this paragraph 3 of
Payment Voucher shall operate as and shall be a this Article V, the County shall not be limited in
requesting such additional financial information it
release of the County from all claims by the
deems reasonable.
Contractor through the date of the Voucher.
2. Subject to Appropriation of Funds 4. Accounting Procedures
a. The Contract is subject to the amount of funds a. The Contractor shall maintain accounts, books,
appropriated each fiscal year and any subsequent records, documents, other evidence, and accounting
modifications thereof by the County Legislature procedures and practices which sufficiently and
and no liability shall be incurred by the County properly reflect all direct and indirect costs of any
beyond the amount of funds appropriated each nature expended in the performance of the Contract,in
fiscal year by the County Legislature for the accordance with generally accepted accounting
Services. principles and with rules, regulations and financial
directives, as may be promulgated by the Suffolk
b. If the County fails to receive Federal or State funds County Department of Audit and Control and the
originally intended to pay for the Services, or to Department. The Contractor shall permit inspection
reimburse the County, in whole or in part, for and audit of such accounts,books,records,documents
payments made for the Services,the County shall and other evidence by the Department and the Suffolk
have the sole and exclusive right to: County Comptroller,or their representatives,as often
as, in their judgment, such inspection is deemed
necessary. Such right of inspection and audit as set
i.) determine how to pay for the Services; forth in subparagraph b. below shall exist during the
ii.) determine future payments to the Contractor;and Term and for a period of seven (7) years after
expiration or termination of the Contract.
iii.) determine what amounts, if any,are reimbursable b. The Contractor shall retain all accounts, books,
to the County by the Contractor and the terms and records,and other documents relevant to the Contract
conditions under which such reimbursement shall for seven(7)years after final payment is made by the
be paid. County. Federal, State, and/or County auditors and
h. The County may, during the Term, impose a Budget any persons duly authorized by the County shall have
Deficiency Plan. In the event that a Budget Deficiency full access and the right to examine any of said
Plan is imposed,the County shall promptly notify the materials during said period. Such access is granted
Contractor, in writing of the terms and conditions notwithstanding any exemption from disclosure that
thereof, which shall be deemed incorporated in and may be claimed for those records which are subject to
made a part of the Contract,and the Contractor shall nondisclosure agreements, trade secrets and
implement those terms and conditions in no less than commercial information or financial information that is
fourteen(14)days. privileged or confidential.
3. Personnel Salaries,Pension and Employee Benefit
Plans,Rules and Procedures
45 of 53 pages
ARTICLE V
k Rev.III/21/2017; Law No. IFMS No. 00000009018
CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
C. The Contractor shall utilize the accrual basis of costs of,and qualifications for,this type of work before
accounting and will submit all financial reports and selecting the Auditor.
claims based on this method of accounting during the
Term. b. The Auditor should be required to meet the following
minimum requirements:
5. Audit of Financial Statements
i.) a current license issued by the New York
a. All payments made under the Contract are subject to State Education Department;
audit by the Comptroller pursuant to Article V of the
Suffolk County Charter. The Contractor further agrees ii.) sufficient auditing experience in the not-
that the Comptroller and the Department shall have for-profit,governmental 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 iii.) a satisfactory peer review issued within
relating to services under the Contract. If such an audit not more than three(3)years prior to the
discloses overpayments by the County to the date when the Auditor was selected to
Contractor,within thirty(30)days after the issuance of conduct the audit.
an official audit report by the Comptroller or his duly
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 i.) In the event the Contractor is a"Subrecipient"as
forth in paragraph 25 of Article III,and paragraph 4(b) that term is defined in 2 CFR§ 200.93 and the
of Article V. Contractor expends seven hundred fifty thousand
($750,000.00)dollars or more of Federal moneys,
6. Financial Statements and Audit Requirements whether as a recipient expending awards received
directly from Federal awarding agencies or as a
a. Notwithstanding any other reporting or certification Contractor expending Federal awards received
requirements of Federal,State,or local authorities,the from a pass-through entity such as New York State
Contractor shall obtain the services of an independent and/or Suffolk County, during any fiscal year
licensed public accountant or certified public within which it receives funding under the
accountant (the "Auditor") to audit its financial Contract,the audit referred to under this paragraph
statements for each Contractor's"fiscal year"in which 6 must be conducted and any the audit report must
the Contractor has received, or will receive, three be in accordance with OMB Uniform Grant
hundred thousand($300,000.00)dollars or more from Guidance — 2 CFR Part 200 ("Single Audit
the County, whether under the Contract or other Report"). Single Audit Reports must also be
agreements with the County,and shall submit a report uploaded to the Federal Audit Clearinghouse, to
to the County on the overall financial condition and the extent required by the OMB Uniform Grant
operations of the Contractor,including a balance sheet Guidance referred to above. In addition,the Single
and statement of income and expenses,attested by the Audit Report,respective financial statements and
Auditor as fairly and accurately reflecting the any Management Letters must be submitted to the
accounting records of the Contractor in accordance Department set forth on page one of this Contract
with generally accepted accounting principles. The and emailed to the Executive Director of Auditing
audited financial statements including respective Services at
Management Letters must be emailed to the Executive subreciuientmonitoringAsuffolkcountyny.gov
Director of Auditing Services at within thirty (30) days after completion of the
Audits a suffolkcountvnv.aov within thirty(30) days audit, but in no event later than nine(9) months
after completion of the audit,but in no event later than after the end of the Contractor's fiscal year, to
nine(9)months after the end of the Contractor's fiscal which the audit relates.
year,to which the audit relates. The Contractor may
solicit requests for proposals from a number of ii.) In the event the Contractor is a"Subrecipient"as
qualified accounting firms and review carefully the that term is defined in 2 CFR § 200.93 and the
46 of 53 pages
ARTICLE V
Rev. H/21/2017; Law No. IFMS No. 00000009018
CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
Contractor expends less than seven hundred fifty the proposed order. Written approval of the County
thousand($750,000.00)dollars of Federal moneys, shall be required before the Contractor may proceed
whether as a recipient expending awards received with such proposed purchase, rental or lease of
directly from Federal awarding agencies or as a furniture,fixtures or equipment. All items purchased
Contractor expending Federal awards received must be new or like new unless specifically described
from a pass-through entity such as New York State otherwise in the Budget.
and/or Suffolk County,during any fiscal year the
Contractor must email a certified Exemption Letter, b. Purchase Practices/Proprietary Interest of County
the form of which shall be provided by the
Department,on the Contractor's Letterhead and a i.) The Contractor shall follow the general practices
Schedule of Federal Funds Expended to the that are designed to obtain furniture, fixtures,
respective County Department and the Executive equipment, materials, or supplies at the most
Director of Auditing Services at reasonable price or cost possible.
subrecipientmonitoring@suffolkcountny.gov
within thirty (30) days of the end of the ii.) The County reserves the right to purchase or obtain
Contractor's fiscal year. The Schedule of Federal furniture, fixtures, equipment, materials, or
Funds Expended must include all Federal funding supplies for the Contractor in accordance with the
received directly from the Federal government and programmatic needs of the Contract. If the County
all Federal funds passed through from the County exercises this right, the amount budgeted for the
and other pass-through entities. items so purchased or obtained by the County for
the Contractor shall not be available to the
iii.) Subrecipients may include,but not necessarily be Contractor for any purpose whatsoever. Title to
limited to, not-for-profit organizations; units of any such items purchased or otherwise obtained by
state government or a unit of local governments. the County for the programs encompassed by the
Contract and entrusted to the Contractor, shall
e. Copies of any other audit reports including oversight remain in the County.
agency audits must be submitted to the Department set
forth on page one of this Contract and emailed to the iii.) The County shall retain a proprietary interest in all
Executive Director of Auditing Services at furniture,removable fixtures,equipment,materials,
Auditsnsuffolkcountyny_gov within thirty(30) days and supplies purchased or obtained by the
after completion of the audit(s). Contractor and paid for or reimbursed to the
Contractor pursuant to the terms of the Contract or
f. The requirements set forth in this paragraph 6 shall not any prior agreement between the parties.
preclude the authorized representatives of the County, iv.) The Contractor shall attach labels indicating the
the Comptroller, or Federal or State entities from
County's proprietary interest or title in all such
conducting any other duly authorized audit(s) of
records and financial statements ofthe Contractor. The property.
Contractor shall make such records and financial C. County's Right to Take Title and Possession
statements 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 ofthe 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
creditors,or the failure of the Contractor to satisfy any
7. Furniture,Fixtures,Equipment,Materials,Supplies judgment against it within thirty(30)days of filing of
the judgment,the County shall have the right to take
a. Purchases, Rentals or Leases Requiring Prior title to and possession of all furniture, removable
Approval fixtures, equipment, materials, and supplies and the
same shall thereupon become the property of the
Prior to placing any order to purchase,rent or lease any County without any claim for reimbursement on the
furniture, fixtures, or equipment valued in excess of part of the Contractor.
one thousand dollars($1,000.00)per unit for which the
Contractor will seek reimbursement from the County, d. Inventory Records,Controls and Reports
the Contractor shall submit to the County a written
request for approval to make such a proposed purchase, The Contractor shall maintain proper and accurate
rental or lease, with a list showing the quantity and inventory records and controls for all such furniture,
description of each item,its intended location and use, removable fixtures and equipment acquired pursuant to
estimated unit price or cost,and estimated total cost of the Contract and all prior agreements between the
47 of 53 pages
ARTICLE V
z Rev:11/21/2017; Law No. IFMS No.00000009018
CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
parties,if any. Three(3)months before the expiration the Contractor shall enter into a lease or rental agreement,or
date of the Contract, the Contractor shall make a shall renew a lease or rental agreement,the Contractor shall,
physical count of all items of furniture, removable prior to the execution thereof, submit such lease or rental
fixtures and equipment in its custody, checking each agreement,to the County for approval.
item against the aforesaid inventory records. A report
setting forth the results of such physical count shall be 9. Statement of Other Contracts
prepared by the Contractor on a form or forms
designated by the County,certified and signed by an Prior to the execution of the Contract, the Contractor shall
authorized official of the Contractor,and one(1)copy submit a Statement of Other Contracts to the County. If the
thereof shall be delivered to the County within five(5) Contract is amended during the Term, or if the County
days after the date set for the aforesaid physical count. exercises its option right,the Contractor shall submit a then
Within five(5)days after the termination or expiration current Statement of Other Contracts.
date of the Contract,the Contractor shall submit to the
County six(6) copies of the same report updated to
such date of the Contract,certified and signed by an 10. Miscellaneous Fiscal Terms and Conditions
authorized official of the Contractor, based on a
physical count of all items of furniture, removable a. Limit of County's Obligations
fixtures and equipment on the aforesaid expiration
date,and revised,if necessary,to include any inventory The maximum amount to be paid by the County is set
changes during the last three(3)months of the Term. 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 Payment by the County for the Services shall not
reasonable precautions to protect the furniture,fixtures, duplicate payment received by the Contractor from any
equipment,material or supplies in its custody against other source.
damage or loss by fire,burglary,theft,disappearance,
vandalism, or misuse. In the event of burglary,theft, C. Funding Identification
vandalism,or disappearance of any item of furniture,
fixtures, equipment, material or supplies, the The Contractor shall promptly submit to the County
Contractor shall immediately notify the police and upon request,a schedule for all programs funded by the
make a record thereof,including a record of the results County, itemizing for each such program the sums
of any investigation which may be made thereon. In received,their source and the total program budget.
the event of loss of or damage to any item of furniture,
fixtures, equipment, materials, or supplies from any d. Outside Funding for Non-County Funded Activities
cause, the Contractor shall immediately send the
County a detailed written report thereon. Notwithstanding the foregoing provisions of the
Contract, it is the intent of the County that the terms
f. Disposition of Property in Contractor's Custody and conditions of the Contract shall not limit the
Contractor from applying for and accepting outside
Upon termination of the County's funding of any of the grant awards or from providing additional educational
Services covered by the Contract,or at any other time activities/services which may result in the Contractor
that the County may direct,the Contractor shall make incurring additional costs, as long as the following
access available and render all necessary assistance for conditions are met:
physical removal by the County or its designee of any
or all furniture, removable fixtures, equipment, i.) The County is not the Fund Source for the
materials or supplies in the Contractor's custody in additional services;
which the County has a proprietary interest, in the ii.) Sufficient funding is available for or can be
same condition as such property was received by the generated by the Contractor to cover the cost
Contractor, reasonable wear and tear excepted. Any incurred by the Contractor to provide these
disposition,settlements or adjustments connected with additional services;and
such property shall be in accordance with the rules and
regulations of the County and the State of New York. iii.) If sufficient funding is not available or cannot be
generated,the County shall not be held liable for
8. Lease or Rental Agreements any of the additional costs incurred by the
Contractor in furnishing such additional services.
If lease payments or rental costs are included in the Budget as iv.) Prior to scheduling any such additional services on
an item of expense reimbursable by the County, the County-owned property,the Contractor shall obtain
Contractor shall promptly submit to the County, upon written County approval. The Contractor shall,to
request, any lease or rental agreement. If during the Term, the County's satisfaction, submit any
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CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
J
documentation requested by the Department Budget lists all revenue, expenditures, personnel,
reflecting the change, and identify the additional personnel costs and/or all other relevant costs
services to be provided and the source of funding necessary to provide the Services.
that shall be utilized to cover the expenditures
incurred by the Contractor in undertaking the i. Payment of Claims
additional services.
Upon receipt of a Suffolk County Payment Voucher,
e. Potential Revenue the County, at its discretion,may pay the Contractor
during the Term,in advance,an amount not to exceed
The Contractor shall actively seek and take reasonable one sixth(1/6)of the maximum amount to be paid by
steps to secure all potential funding from grants and the County set forth on the first page of the Contract.
contracts with other agencies for programs funded by
the County. j. Payments Limited to Actual Net Expenditures
f. Payments Contingent upon State/Federal Funding The Contractor agrees that if, for any reason
whatsoever,the Contractor shall spend during the Term
Payments under the Contract may be subject to and for the purposes set forth in the Contract an amount
contingent upon continued funding by State and/or less than, or receive amounts more than,provided in
Federal agencies. In the event payments are subject to the Budget, the total cost of the Contract shall be
such funding no payment shall be made until the reduced to the net amount of actual Contractor
Contractor submits documentation in the manner and expenditures made for such purposes. The total
form as shall be required by State and/or Federal amount to be paid by the County shall not exceed the
agency. If late submission of claims precludes the lesser of(i)actual net expenditures or(ii)the total cost
County from claiming State or Federal reimbursement, of the Contract on the cover page and in the Budget.
such late claims by the Contractor shall not be paid by Upon termination or expiration of the Contract,if the
the County subject to subparagraph g.below, if, for Contractor's total amount of allowable expenses is less
any reason,the full amount of such funding is not made than the total amount of the payments made during the
available to the County, the Contract may be Term,the Contractor shall prepare a check payable to
terminated in whole or in part,or the amount payable the Suffolk County Comptroller for the difference
to the Contractor may be reduced at the discretion of between the two amounts and submit such payment to
the County, provided that any such termination or the County, along with the final Suffolk County
reduction shall not apply to allowable costs incurred by Payment Voucher.
the Contractor prior to such termination or reduction,
and provided that money has been appropriated for k. Travel,Conference,and Meeting Attendance:SOP
payment of such costs. A-07 Amendment 1
g. Denial of Aid Reimbursement to the Contractor for travel costs shall
not exceed amounts allowed to County employees.All
If a State or Federal government agency is funding the conferences that are partially or fully funded by the
Contract and fails to approve aid in reimbursement to County that the Contractor's staff wishes to attend
the County for payments made hereunder by the must be pre-approved, in writing,by the County and
County to the Contractor for expenditures made during must be in compliance with Suffolk County Standard
the Term because of any act,omission or negligence on Operating Procedure A-07 which may be viewed
the part of the Contractor,then the County may deduct online at the County's website,SuffolkCountyny.gov;
and withhold from any payment due to the Contractor go to "Government," then "Comptroller," then
an amount equal to the reimbursement denied by the "Consultant's Agreements."
state or federal government agency,and the County's
obligation to the Contractor shall be reduced by any 1. Salaries
such amounts. In such an event, if there should be a
balance due to the County after it has made a final The Contractor shall not be eligible to receive any
payment to the Contractor under the Contract, on salary reimbursement until proof of deposit or payment
demand by the County,the Contractor shall reimburse of all withholding and payroll taxes to the Federal/State
the County for the amount of the balance due the governments has been provided to the County.
County, payable to the Suffolk County Comptroller.
The provisions of this subparagraph shall survive the In. Salary Increases
expiration or termination of the Contract.
No salary, wage, or other compensation for the
h. Budget Services shall be increased over the amount stated in
the Budget without the prior written approval of the
The Contractor expressly represents and agrees that the County.
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Rev. 11/21/2017; Law No. IFMS No.00000009018
CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
'J
contrary,the County shall have available to it all rights
n. Contractor Vacancies and remedies under the Contract and at law and equity.
The County shall have the right of prior approval of p. Comptroller's Rules and Regulations
the Contractor's filling of any vacant position as of
the date of execution of the Contract or as may The Contractor shall comply with the"Comptroller's
thereafter become vacant,and,in the exercise of that Rules and Regulations for Consultant's Agreements"as
right.The County may promulgate reasonable promulgated by the Department of Audit and Control
regulations involving filling of vacancies which shall of Suffolk County and any amendments thereto during
be deemed to be incorporated by reference in,and be the Term of the Contract. The"Comptroller's Rules
made part of,the Contract,provided,however,that and Regulations for Consultant's Agreements" and
subject to the availability of funding,approval for the "SOP A-07 Amendment 1"may be viewed online at
hiring of replacement clerical shall be a Contractor the County's website, SuffolkCountyny.gov; go to
determination. "Government,"then"Comptroller,"then"Consultant's
Agreements."
o. No Limitation On Rights
Notwithstanding anything in this Article V to the End of Text for Article V
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ARTICLE V
Rev. 11%212017; Law No. IFMS No.00000009018
1 CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
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Article VI
Budget
Town of Southold
RATE PAGE
Nutrition Program for the Elderly
January 1,2018—December 31,2018
CONGREGATE MEALS
$6.40
HOME-DELIVERED MEALS
$6.79
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EXHIBIT 1
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Rev.11/21/2017; Law No. IFMS No. 00000009018
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CFDA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
r
Exhibit 1
SUBRECIPIENT CONTRACT DOCUMENTATION
Granting Department: Federal Awarding Federal Award Identification CFDA Number:
Agency: Number: 93.045
Suffolk County Office for the Health and Human N/A
Aging Services
Awarding Official Name and County Contract Contract Percentage: Federal Award Date:
Contact Information: Number:00000009018 1/1/18.
Suffolk County Office for the Federal Percentage:90%.
Aging Contract Period of State Percentage:
100 Veterans Memorial Hwy Performance: County Percentage: 10%
PO BOX 6100 1/1/18-12/31/18
Hauppauge, NY 11788
Subrecipient Name&Address Research& Federal Funds Obligated by Federal Funds
Town of Southold Development this Action Obligated to
53095 Main Road ❑Yes xNo $79,934 Subrecipient by
Total Federal Award County including
PO BOX 1179 Committed to ' current obligation:
Southold,NY 11971 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
Government or, if no such rate exists, either a rate negotiated between the pass-through entity and the
subrecipient(in compliance with this part),or a de miriimis indirect cost rate as defined in§200.414 Indirect
(F&A)costs, paragraph (f):
Not to exceed 20%
Federal Award Project Description:
Title IIIC-1 of the Older Americans Act
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 terms and conditions of the Federal award:
Requirements are detailed in the contract with Suffolk County.
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.
52 of 53 pages
EXHIBIT 1
Rev.41/21`/017; Law No. IFMS No.00000009018
CFbA/Subrecipient Line Item/Omnibus Grant 001-6790/6797/6774/6777-4980; 6776-3330-95230
Exhibit 1
SUBRECIPIENT CONTRACT DOCUMENTATION
Granting Department: Federal Awarding Federal Award Identification CFDA Number:
Suffolk County Office for the Agency:Health and Human Number: 93.053.
Aging Health
NIA
Awarding Official Name and County Contract Contract Percentage: Federal Award Date:
Contact Information: Number:00000000018 1/1/18.
Suffolk County Office for the N/A Federal Percentage:100%.
Aging Contract Period of State Percentage:
100 Veterans Memorial Hwy Performance: County Percentage:
PO BOX 6100 1/1/18-12/31/18.
Hauppauge, NY 11788
Subrecipient Name&Address Research& Federal Funds Obligated by Federal Funds
Town of Southold Development this Action: Obligated to
53095 Main Road ❑Yes xNo $28,687.00 Subrecipient by
Total Federal Award County including
P.O.BOX 1179 Committed to current obligation:
Southold NY 11971 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):
N/A
Approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal
Government or, if no such rate exists,either a rate negotiated between the pass-through entity and the
subrecipient(in compliance with this part), or a de minimis indirect cost rate as defined in§200.414 Indirect
(F&A)costs, paragraph (f):
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 terms 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.
53 of 53 pages
EXHIBIT 1