Loading...
HomeMy WebLinkAbout2023_09_06 Town Board Meeting Packet FOUNDED 1661 • Town of Mamaroneck Town Board Agenda Wednesday, September 6, 2023 All Work Sessions and Regular Meetings are open to the public. Page 5:00 PM THE TOWN BOARD WORK SESSION The Work Session will convene in Conference Room C located on the first floor at the Town Center. CALL TO ORDER WORK SESSION ITEMS 1. Discussion - Comprehensive Plan 2. Discussion - LMC Funding 3. Discussion - Title III-C/NSIP: Meals & Nutrition-Related Services Contract, PY 3 - 133 2023 Title III-C/NSIP: Meals & Nutrition-Related Services Contract, PY 2023 - Pdf 4. Discussion - Update in the Regulations of Wireless Telecommunications 134 - 157 Update in the Regulations of Wireless Telecommunications - Pdf 5. Discussion - Rules to be Observed by Members of the Public who Attend a 158 - 160 Town Board Meeting Rules to be Observed by Members of the Public who Attend a Town Board Meeting - Pdf 6. Request for Executive Session 7. Updates 8. Additions to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in Conference Room C located on the first floor at the Town Center. The Public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS Page 1 of 346 1. Call to Order 2. Fire Claims 161 - 163 Fire Claims - Pdf 3. Other Fire Department Business 4. Salary Authorization - Firefighter 164 - 165 Salary Authorization Firefighter - Pdf AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization - Title III-C/NSIP: Meals & Nutrition-Related Services Contract, 166 - 296 PY 2023 Title III-C/NSIP: Meals & Nutrition-Related Services Contract, PY 2023 - Pdf 2. Set Public Hearing - Update in the Regulations of Wireless 297 - 320 Telecommunications Update in the Regulations of Wireless Telecommunications - Pdf 3. Approval - Rules to be Observed by Members of the Public who Attend a Town 321 - 323 Board Meeting Rules to be Observed by Members of the Public who Attend a Town Board Meeting - Pdf 4. Authorization - Sale of Town Property - 20 Winthrop Avenue 324 - 331 Sale of Town Property - 20 Winthrop Avenue - Pdf 5. Authorization - Sale of Town Property - 15 Edgemont Road 332 - 339 Sale of Town Property - 15 Edgemont Road - Pdf 6. Salary Authorization - Secretary to the Planning Board 340 - 341 Authorization to Appoint a Secretary to the Planning Board - Pdf REPORTS OF MINUTES 1. Report of Minutes of the Town Board work session on July 26, 2023. 342 - 346 30 Aug 2023 - Report of Minutes of the Town Board work session on July 26, 2023. - Pdf REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING - September 20, 2023 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 2 of 346 41 w _ r @ Town of Mamaroneck i— X; Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Jill Fisher, Superintendant of Recreation Re: Title 111-C/NSIP: Meals &Nutrition-Related Services Contract, PY 2023 Date: August 23, 2023 The County of Westchester has has provided the Title 111-C and Nutrition Services Incentive Program (NSIP) contract for Meals & Nutrition-Related Services to be provided to the Town of Mamaroneck. The contract covers the program period commencing retroactively on January 1, 2023 through December 31,2023 for the 111-C Programs and October 1, 2022 through September 30, 2023 for NSIP. Action Requested: Resolved that the Town Board hereby approves the agreement between the Town and Westchester County for the Title 111-C and Nutrition Services Incentive Program (NSIP) for Meals & Nutrition-Related Services commencing retroactively on January 1, 2023 through December 31,2023 for the 111-C Programs and October 1,2022 through September 30,2023 for NSIP and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachments: Title 111 C NSIP Meals &Nutrition-Related Services Contract, PY 2023 Page 3 of 346 T r 1,' stclIester George Latimer ( `ounty Wmtclvel.wrCount)EXC."tivt• Department of Senior Programs and Services Mae Carpenter Commissioner June 13, 2023 Ms. Jill Fisher Director, Community Services& Housing TOWN OF MAMARONECK 740 West Boston Post Road Mamaroneck, NY 10543 RE: Title Ili-CINSIP: Meals & Nutrition-Related Services Contract, PY 2023 Dear Ms. Fisher: Attached to the e-mail that was sent with this letter is a blank copy of the Title Ill-C and Nutrition Services Incentive Program (NSIP)contract for Meals& Nutrition-Related Services to be provided by TOWN OF MAMARONECK. The contract is comprised of an Agreement and Schedules"A", "B", "C", "D", "E,""H" and "I" and covers the program period commencing retroactively on January 1, 2023 through December 31, 2023 for the III-C Programs and October 1, 2022 through September 30, 2023 for NSIP. Funding for the program will be in the amounts indicated below for actual services provided and data-entered in the New York State Office for the Aging's("NYSOFA")electronic reporting system: PeerPlace. The Department may reduce the amount payable to its contractors if NYSOFA reduces the Department's Federal funding, in which case you will be notified. Please be aware that the NSIP funding listed below are high estimates to cover your program for the projected annual NSIP allocation. PROGRAM FEDERAL FUNDS MUNICIPALITY MATCH III-C-1 $17,608 $5,870 Estimated III-C1 NSIP $3,132 N/A 111-C-2 $42,032 $14,011 Estimated III-C2 NSIP $7,477 N/A 9 South First Avenue.10'h Floor Mount Vernon.New York 10550-3414 Telephone: (914)813-66•100 Fax: (914)813-6399 Website: www.wcstchestergov.com/uging Page 4 of 346 Please refer to the "Standard Insurance Provisions"in Schedule"A"for detailed information regarding ALL required insurances. Contracts will be on hold pending receipt of any missing insurance form. Remember to list the County of Westchester as an Additional Insured on the Certificate of Liability Insurance. You are required to mail in the completed PeerPlace MONTHLY REPORT signed by the staff member responsible for the report. The reports should be received by the County no later than the tenth (10th)day of the following month. The County reserves the right to withhold payment to Contractor for its failure to submit the monthly report by the deadline until the monthly report is received by the County. Return the entire completed and originally signed contract to me at the address listed in the footer on the first page. We suggest that you keep a completed copy of the entire contract for your records. Please direct program-related questions to your contract monitor, Patricia Szeliga, at 914-813-6432 or via e-mail at pls3@westchestercountyny.gov.You may also contact me at 914-813-6058 or via e-mail at ssj3@westchestercountyny.gov for questions pertaining to the processing of the contract. Sincerely, Sharon Johnson Program Administrator Attachments. Page 5 of 346 THIS INTER-MUNICIPAL AGREEMENT ("Agreement" or"IMA"), made this day of , 2023 by and between: THE COUNTY OF WESTCHESTER, a corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York, 10601 (hereinafter referred to as the "County") and TOWN OF MAMARONECK a municipal corporation organized under the laws of the State of New York, having an office and place of business at 740 West Boston Post Road Mamaroneck, NY 10543 (hereinafter referred to as the "Municipality" and together with the County hereinafter referred to as the "Parties") WITNESSETH: WHEREAS, the County, acting by and through its Department of Senior Programs and Services ("Department"), has been awarded a grant by the New York State Office for the Aging ("NYSOFA"), pursuant to Titles III-C1, III-C2 and the Nutrition Services Incentive Program ("NSIP") of the Older Americans Act (the "Programs"), to provide various social and nutrition services to elderly residents of the County; and WHEREAS, the County desires to utilize the grant funds awarded by NYSOFA under the Programs to provide meals and to pay for certain nutrition-related services expenses incurred by the Municipality as applicable; and WHEREAS, the Municipality desires to provide the aforementioned services and the County desires the Municipality to provide the services pursuant to the terms and conditions set forth herein; and WHEREAS, the County has been authorized by the Westchester County Board of Legislators to enter into the Agreement for the services. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and Page 6 of 346 agreements contained herein, the Parties agree as follows: 1. The Municipality shall provide the services, as more particularly described in Schedule "C" (the "Services"). All Services must be performed in accordance with the terms of the Standard Assurances in Schedule "C" and the Standard Assurances in the approved Four Year Plan and/or Annual Update to the Four Year Plan (collectively the "Plan) attached hereto and made a part hereof in the form of Schedule "I." The Municipality shall also comply with the terms in Schedules "A", "B", "C", "D", "E", "F", "G" "H" and "I", which are attached hereto and made a part hereof. It is expressly understood and agreed by the Parties hereto that all schedules to this Agreement applicable to the NYSOFA and all schedules applicable to the County are subject to the approval of and modification of each, as necessary. 2. Payment for the Services to be provided hereunder shall be made only for meals actually provided by the Contractor in accordance with the Programs, which payment shall be reduced by the County based upon actual meals provided by the Contractor during the term of this Agreement, at the rate set forth in Schedule "B", noting that if applicable, the Contractor will also be reimbursed for nutrition-related expenses actually incurred and paid by the Municipality as set forth in Schedule "B." The total aggregate amount to be paid for the Services rendered by the Municipality under this Agreement shall not exceed $ 70,249 , subject to appropriation, payable on a monthly basis, in accordance with Schedule "B" that is attached hereto and made a part hereof. Payment shall be made for actual Services provided, after the County has received approval from NYSOFA and the County has received any and all supporting documentation the County may require and the same has been approved by the Department's Commissioner or her duly authorized designee (the "Commissioner"). The County may, in its discretion, if it shall deem such payment to be required in furtherance of the Program, pay the Municipality prior to receipt of payment or approval therefore by NYSOFA, provided that, in the event NYSOFA subsequently fails or refuses to pay the County, or if such expense is not a proper expenditure under the Program, the Municipality shall reimburse the County for such payment made to the Municipality, or, 2 Page 7 of 346 the County, in its discretion, may deduct such amount from future payments due and owing the Municipality under this Agreement. The Municipality shall contribute an aggregate amount of $ 19,881 to the Services, as a match for the III-Cl and/or III-C2 Programs, noting that there is no Contractor match required for NSIP. Any and all requests for payment to be made, including any requests for partial payment made in proportion to the Services completed, shall be submitted by the Municipality on properly executed payment vouchers of the County and paid only after approval by the Commissioner. All payment vouchers must be accompanied by a numbered invoice and/or the appropriate required back-up documentation approved by the Department. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating. In no event shall final payment be made to the Municipality prior to the completion of all Services, the submission of reports and the approval of same by the Commissioner. The Municipality shall, at no additional charge,furnish all labor, services, materials, goods, equipment and any other things necessary to complete the Services, unless specific additional charges are expressly permitted under this Agreement. It is recognized and understood that even if specific additional charges are expressly permitted under this Agreement; in no event shall total payment to the Municipality exceed the not-to-exceed amount set forth above. Except as otherwise expressly stated in this Agreement, no payment shall be made by the County to the Municipality for out-of-pocket expenses or disbursements made in connection with the Services rendered or the Services to be performed hereunder. 3. Prior to the making of any payments hereunder, the County may, at its option, audit such books and records of the Municipality as are reasonably pertinent to this Agreement to substantiate the basis for payment. The County will not withhold payment pursuant to this paragraph for more than thirty (30) days after payment would otherwise be due pursuant to the provisions of this Agreement, unless the County shall find cause 3 Page 8 of 346 to withhold payment in the course of such audit or the Municipality fails to cooperate with such audit. The County shall, in addition, have the right to audit such books and records subsequent to payment, if such audit is commenced within one year following termination of this Agreement. In addition to any general audit rights to which the County may be entitled hereunder, the County also reserves the right to audit the Municipality's performance under this Agreement. Such audit may include requests for documentation or other information which the Commissioner may, in her discretion, deem necessary and appropriate to verify the information provided by the Municipality as required by Paragraph"4." The County may also make site visits to the location(s)where the Services to be provided under this Agreement are performed in order to review Municipality's records, observe the performance of Services and/or to conduct interviews of staff and patrons, where appropriate and not otherwise prohibited by law. The Municipality agrees to maintain appropriate records and to retain them for at least six years after final payment is made. The Municipality agrees to provide access to all books, documents and all pertinent materials related to the contract for examination to authorized representatives of the Administration on Aging/Administration for Community Living (AoA/ACL) of the United States Department of Health and Human Services ("HHS"), the New York State Comptroller or his representatives, staff of NYSOFA, and/or the County. 4. The term of this Agreement shall commence retroactively on October 1, 2022 and continue through December 31, 2023, noting that the Title III-C Services shall be performed during the period from January 1, 2023 through December 31, 2023, while the NSIP Services shall be performed during the period from October 1, 2022 through September 30, 2023, unless terminated sooner pursuant to the provisions hereof. The Municipality shall report to the County on its progress toward completing the Services, as the Commissioner may request, and shall immediately inform the Commissioner in writing of any cause for delay in the performance of its obligations under 4 Page 9 of 346 this Agreement. 5. The Parties recognize and acknowledge that the obligations of the County under this Agreement are subject to the County's receipt of funds from NYSOFA to operate the Program, and that no liability shall be incurred by the County beyond the monies made available from NYSOFA for this Agreement. The Municipality agrees that the County shall not be liable for any of the payments hereunder unless and until the County's Commissioner of Finance has received said funds or said funds have been made available to said commissioner. If, for any reason, the full amount of said funds is not paid over or made available to the County by NYSOFA, the County may terminate this Agreement immediately or reduce the amount payable to the Municipality, in the discretion of the County. The County shall give prompt notice of any such termination or reduction to the Municipality. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. In addition, the Parties recognize and acknowledge that the obligations of the County under this Agreement are subject to annual appropriations by its Board of Legislators pursuant to the Laws of Westchester County. Therefore, this Agreement shall be deemed executory only to the extent of the monies appropriated and available. The County shall have no liability under this Agreement beyond funds appropriated and available for payment pursuant to this Agreement. The Parties understand and intend that the obligation of the County hereunder shall constitute a current expense of the County and shall not in any way be construed to be a debt of the County in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the County, nor shall anything contained in this Agreement constitute a pledge of the general tax revenues, funds or monies of the County. The County shall pay amounts due under this Agreement exclusively from legally available funds appropriated for this purpose. The County shall retain the right, upon the occurrence of the adoption of any County Budget by its Board of Legislators during the 5 Page 10 of 346 term of this Agreement or any amendments thereto, and for a reasonable period of time after such adoption(s), to conduct an analysis of the impacts of any such County Budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates set forth herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. 6. The Municipality shall comply, at its own expense, with the provisions of all applicable Federal, State and local laws, rules, regulations executive orders, policies, orders, notices and related guidance, as specified in the Plan, as such provisions may be amended from time to time, (such Federal provisions being "Federal Requirements"). In addition,the Municipality shall cause to be prominently posted, on the site where services hereunder are to be provided, a statement regarding non-discrimination, which statement shall be similar in form to the following: "In compliance with Section 504 of the Rehabilitation Act of 1975 and Title VI of the 1964 Civil Rights Act and New York State Executive Law and orders, no persons will be denied service or access to service based upon race, creed, color, national origin, religion, marital status, sexual orientation, genetic predisposition, carrier status, or handicapping condition." Without limiting any of the foregoing, the Municipality specifically agrees to the following: (a) Regarding access to records and access to sites where the Services are performed: i.) In compliance with 45 C.F.R. 75.364(a), the Municipality agrees to provide the County, HHS and its awarding agency, the Comptroller General of the United States, any inspectors general, or any of the duly authorized representatives of any of these listed parties, access to any documents, papers, or other records which are pertinent to this Agreement in order to make audits, examinations, excerpts, and transcripts, as well as provide timely and reasonable access to the Municipality's personnel for the purpose of interview and discussion related to such documents. The Municipality agrees to allow the above-listed parties to 6 Page 11 of 346 reproduce, excerpt, and/or transcribe such documents, papers, and other records by any means whatsoever. The Municipality also agrees to allow the above-listed parties such other access to records as may be necessary for compliance with applicable Federal Requirements. ii.) In accordance with 45 C.F.R. 75.364(c), all of the above-described rights of access to records shall last for as long as the records are retained by the Municipality. The Municipality shall retain all such records for at least as long as is required under 45 C.F.R. 75.361. iii.) In compliance with 45 C.F.R. § 75.342(e), the Municipality agrees to permit HHS to make site visits as needed. (b) Regarding recovered materials: i.) The Municipality agrees to comply with all applicable requirements of 45 C.F.R. 75.331; Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act and as further amended (42 U.S.C. § 6962); 40 C.F.R. Part 247, the United States Environmental Protection Agency's "Comprehensive Procurement Guideline for Products Containing Recovered Materials"; and Executive Order 12873. (c) Regarding the procurement of subcontracts financed in whole or in part with the Funds: i.) The Municipality agrees to comply with 45 C.F.R. 75.330 in procuring any subcontract financed in whole or in part with the Funds. (d) The Municipality agrees to comply with and/or assist the County in complying with any and all applicable requirements of HHS. The Municipality hereby represents and warrants that it has all information it needs regarding the Federal Requirements concerning reporting, patent rights, copyrights, and rights in data, and the Municipality understands and acknowledges that all such requirements and regulations are hereby incorporated into this Agreement by reference, and shall prevail over any conflicting term(s) of this Agreement. The Municipality understands that the County has relied upon all materials and representations it has provided to the County concerning the Services and this Agreement in, a.) considering, among other things, whether the Municipality is capable of successfully performing under the terms and conditions of this Agreement; the 7 Page 12 of 346 Municipality's integrity and ethics;whether executing this Agreement with the Municipality is in compliance with public policy; the Municipality's record of past performance; and the Municipality's financial, administrative, and technical resources and capacity, b.) consequently determining that the Municipality is a responsible contractor, and c.) awarding this Agreement to the Municipality. It is the intent and understanding of the Parties that each and every provision required by law, contract, or other proper authority to be included in this Agreement shall, for all intents and purposes, be considered and deemed included herein. The Municipality understands and acknowledges that for each and every such provision that has, through mistake or otherwise, either not been inserted in writing or been inserted in writing in an incorrect form, the Municipality hereby consents to amending this Agreement in writing, upon receipt of notice from the County, for the purpose of inserting or correcting the provision in question. 7. The Municipality expressly agrees that neither it nor any contractor, subcontractor, employee or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or carrier status during the term of or in connection with this Agreement, as those terms may be defined in Chapter 700 of the Laws of Westchester County or Section 291 of the New York State Human Rights Law. The Municipality acknowledges and understands that the County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination against its employees by co-workers, supervisors, vendors, contractors, or others. 8. (a) There shall be no partisan political activity in connection with this Agreement, including (i) candidate endorsements (ii) registration activities which are partisan in nature (iii) scheduled meetings of services recipients with public officials or candidates unless event is open on an equal basis to all candidates and officials regardless of policy views or partisan affiliation. This does not preclude the legitimate right of elected officials and other community leaders to visit programs in their areas. 8 Page 13 of 346 (b) The Municipality shall refrain and prevent the use by others under its control of official authority, influence or coercion to interfere with or affect elections or nominations for political office. (c) The Municipality shall refrain from and prohibit any others receiving funds under this Agreement from attempting to coerce or advise other persons to contribute anything of value to a party, committee, organization, agency or person for political purposes, nor engage in any other partisan activities under its auspices. The Municipality shall refrain from using funds to advance any partisan effort. (d) The Municipality shall ensure that any Services to be provided under this Agreement shall be secular in nature and scope and in no event shall there be any sectarian or religious services, counseling, proselytizing, instruction or other sectarian, religious influence undertaken in connection with the provision of such Services. The Municipality shall refrain from using funds to advance any sectarian effort. 9. (a) The Municipality acknowledges (i) that this Agreement may be funded in whole or in part with funds to be provided to the County under State or Federal program grants, (ii)that the County cannot insure that all of such funds as are presently earmarked by the County for use in connection with this Agreement will ultimately be delivered to the County by the relevant grantor, and (iii)that the County's obligation to pay the Municipality for expenditures which are to be reimbursed with such funds extends only to the extent that such funds are actually received by the County. (b) The County shall have the right to terminate or modify this Agreement based on changes in the availability of State and/or Federal Funds. 10. (a) As a material element of this Agreement, the Municipality agrees to fully comply with the provisions required by NYSOFA concerning equal access to services, non-discrimination and concentration of services on target populations, as more fully set forth in the Plan. 9 Page 14 of 346 (b) Attached hereto and forming a part of Schedule "H" is the "Participant Contribution Standards." The Municipality shall provide participants an opportunity to voluntarily contribute to the cost of the Services received, as appropriate. The Municipality shall use all collected contributions to expand the Services for which the contributions were given to supplement the funds received under the Older Americans Act (OAA). (c) The Municipality shall assist participants in taking advantage of benefits under other programs and assure that the services provided are coordinated and do not unnecessarily duplicate services provided by other sources. 11. Statistical information and supporting documentation concerning the Services conducted hereunder shall be provided to the County by the Municipality on request of the County. The Municipality shall provide the County with timely information needed to satisfy reporting requirements as specified by NYSOFA. Documentation of reports and expenses shall include, without limiting the right to require additional documentation: invoices for all purchases, payroll time records, payroll records for local support contribution, municipal payment vouchers for governmental agencies and canceled checks for private agencies, as required. The Programmatic monthly reporting system for Service Delivery Information and Service Recipient Information must be submitted electronically in PeerPlace or other NYSOFA approved electronic reporting system. Until further notice, the Municipality is required to mail in the PeerPlace MONTHLY ELECTRONIC PAPER REPORT and/or other approved reporting measure, signed by the staff member responsible for the report. The reports should be received by the County no later than the tenth (10th) day of the following month and/or entered on the website at the same time. The Municipality understands and agrees that submission of the monthly report by the deadline set forth above constitutes a material element of this Agreement. The County reserves the right to withhold payment to Municipality for its failure to submit the monthly report by the deadline, until such time as the monthly report is received by the County. Repeated failures by Municipality to submit the monthly report by the stated deadline will constitute 10 Page 15 of 346 a material breach of this Agreement justifying termination for cause as provided in Paragraph "17" hereof. The Municipality shall furnish the County with copies of all insurance certificates, food contracts, rental agreements, and transportation agreements relating to the Services provided by the Municipality hereunder, as applicable. 12. The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "A," entitled "Standard Insurance Provisions," which is attached hereto and made a part hereof. In addition to, and not in limitation of, the insurance provisions contained in Schedule "A," the Municipality agrees: (a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the sole negligence of the County, the Municipality shall indemnify and hold harmless the County, its officers, employees, agents, and elected officials from and against any and all liability, damage, claims, demands, costs,judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto; and c) in the event the Municipality does not provide the above defense and indemnification to the County, and such refusal or denial to provide the above defense and indemnification is found to be in breach of this provision, then the Municipality shall reimburse the County's reasonable attorney's fees incurred in connection with the defense of any action, and in connection with enforcing this provision of the Agreement. 13. The Municipality agrees that any program, public information materials, or 11 Page 16 of 346 other printed or published materials on the Services of the Programs which is supported with Title III-C funds will give due recognition to NYSOFA, the Department, and HHS. 14. The Municipality shall be solely responsible for any over-expenditure of funds and the County shall not be responsible for any over-expenditure. 15. The Municipality shall provide adequate qualified and trained personnel for supervision and fiscal management of the Program. 16. The Parties agree that the Municipality and its officers, employees, agents, contractors, consultants and/or subcontractors are independent contractors and not employees of the County or any department, agency or unit thereof. In accordance with their status as independent contractors, the Municipality covenants and agrees that neither the Municipality nor any of its officers, employees, agents, contractors, consultants, and/or subcontractors will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof. 17. (a) The County, upon ten (10) days' notice to the Municipality, may terminate this Agreement in whole or in part when the County deems it to be in its best interest. In such event, the Municipality shall be compensated and the County shall be liable only for payment for Services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule "B," and for any approved expenses authorized under this Agreement. Upon receipt of notice that the County is terminating this Agreement in its best interests, the Municipality shall stop Services immediately and incur no further costs in furtherance of this Agreement without the express approval of the Commissioner, and the Municipality shall direct any approved subcontractors to do the same. In the event of a dispute as to the value of the Services rendered by the Municipality prior to the date of termination, it is understood and agreed that the Commissioner shall determine the value of such Services rendered by the Municipality. The Municipality shall accept such reasonable and good faith determination as final. 12 Page 17 of 346 (b) In the event the County determines that there has been a material breach by the Municipality of any of the terms of the Agreement and such breach remains uncured for forty-eight (48) hours after service on the Municipality of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the Services provided for in this Agreement, or contract for its completion, and any additional expense or cost of such completion shall be charged to and paid by the Municipality. Without limiting the foregoing, upon written notice to the Municipality, repeated breaches by the Municipality of duties or obligations under this Agreement shall be deemed a material breach of this Agreement justifying termination for cause hereunder without requirement for further opportunity to cure. 18. Failure of the County to insist, in any one or more instances, upon strict performance of any term or condition herein contained shall not be deemed a waiver or relinquishment of such term or condition, but the same shall remain in full force and effect. Acceptance by the County of any of the Services or the payment of any fee or reimbursement due hereunder with knowledge of a breach of any term or condition hereof, shall not be deemed a waiver of any such breach and no waiver by the County of any provision hereof shall be implied. 19. If equipment costing$1,000.00 or more is purchased with any Federal or State funds under this Plan, and the equipment is no longer needed for activities supported by such Programs, NYSOFA/County reserve the right to select a recipient for and approve the transfer to such recipient of such equipment, which must be used for services to older adults. The Municipality understands, acknowledges, and agrees that it shall have no ownership interest in such equipment. 20. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses as the respective Parties hereto may designate in writing. Notice shall be 13 Page 18 of 346 effective on the date of receipt. To the County: Commissioner Department of Senior Programs and Services 9 South First Avenue, 10th Floor Mount Vernon, New York 10550-3414 with a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 To the Municipality: TOWN OF MAMARONECK 740 West Boston Post Road Mamaroneck, NY 10543 21. Schedule "D"—"Vendor Direct Program - Electronic Funds Transfer" All payments made by the County to the Municipality will be made by electronic funds transfer ("EFT") pursuant to the County's Vendor Direct Program. If the Municipality is not already enrolled in the Vendor Direct Program, the Municipality shall fill out and submit an EFT Authorization Form as part of this Agreement. (In rare cases, a hardship waiver may be granted. For a Hardship Waiver Request Form, the Municipality understands that it must contact the County's Finance Department.) If the Municipality is already enrolled in the Vendor Direct Program, the Municipality hereby agrees to immediately notify the County's Finance Department in writing if the EFT Authorization Form on file must be changed, and provide an updated version of the document. 22. (a) The Municipality represents and warrants that it, its principals, and affiliates (as defined in 2 C.F.R. Part 180) are not currently debarred or suspended and the Municipality agrees to complete the "Certification Regarding Debarment and Suspension," which is attached hereto and forming a part of Schedule "E." The 14 Page 19 of 346 Municipality agrees that it shall immediately notify the County if it, its principals, and/or affiliates is/are debarred or suspended, or its, its principals', and/or affiliates' debarment or suspension appears likely. The Municipality further agrees to comply, and to require its subcontractors to comply, with the debarment and suspension regulations in 2 C.F.R. Part 376, as well as the applicable requirements of 2 C.F.R. Part 180. The Municipality represents and warrants that it is not currently excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits, by virtue of being on the United States General Service Administration's the Excluded Parties List System (EPLS), available at http://www.sam.gov as part of the System for Awards Management (SAM). The Municipality agrees that it shall immediately notify the County if it is so-excluded, or its exclusion appears likely. The Municipality represents and warrants that it is not currently on any debarment, suspension, or exclusion list of New York State or any political subdivision thereof, and has not been found non-responsible by New York State or any political subdivision thereof. The Municipality agrees that it shall immediately notify the County if it is added to any debarment, suspension, or exclusion list of New York State or any political subdivision thereof, or its addition to such lists appears likely. The Municipality agrees that it shall immediately notify the County if it is found non-responsible by New York State or any political subdivision thereof, or such a finding of non-responsibility appears likely. The Municipality understands and acknowledges that the County is relying upon the Municipality's above-described representations and warranties. Without limiting any of the foregoing, the Municipality certifies that, to the best of its knowledge and belief, it is and will be in compliance with 2 C.F.R. Part 376, regarding nonprocurement debarment and suspension concerning public (Federal, State or local) transactions. If necessary, the Municipality will submit an explanation of why it cannot provide this certification. 15 Page 20 of 346 (b)The Municipality agrees to complete the "Certification Regarding Drug- Free Workplace Requirements,"which is attached hereto and forming a part of Schedule "F," in order to help ensure compliance with 41 U.S.C. § 8101 et seq. and 2 C.F.R. Part 382. (c) The Municipality agrees to complete the "Certification Regarding Lobbying," which is attached hereto and forming a part of Schedule "G," in compliance with 45 C.F.R. Part 93, and to otherwise comply with 45 C.F.R. Part 93 and 31 U.S.C. § 1352. 23. This Agreement and its attachments constitute the entire Agreement between the Parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing, signed by a duly authorized representative of each of the Parties. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the Parties. 24. The Municipality shall ensure that where the State or local public jurisdiction requires licensure or certification for the provision of social services, the Municipality and its approved subcontractors providing such services under the approved the Plan shall be so licensed or certified. Workers delivering services must be appropriately qualified, selected trained and supervised. 25. All records or recorded data of any kind compiled by the Municipality in completing the Services described in this Agreement, including but not limited to written reports, studies, drawings, blueprints, computer printouts, graphs, charts, plans, specifications and all other similar recorded data, shall become and remain the property of the County. The Municipality may retain copies of such records for its own use and 16 Page 21 of 346 shall not disclose any such information without the express written consent of the Commissioner. The County shall have the right to reproduce and publish such records, if it so desires, at no additional cost to the County. Notwithstanding the foregoing, all deliverables created under this Agreement by the Municipality are to be considered "Services made for hire." If any of the deliverables do not qualify as "Services made for hire," the Municipality hereby assigns to the County all right, title and interest(including ownership of copyright) in such deliverables and such assignment allows the County to obtain in its name copyrights, registrations and similar protections which may be available. The Municipality agrees to assist the County, if required, in perfecting these rights. The Municipality shall provide the County with at least one copy of each deliverable. The Municipality agrees to defend, indemnify and hold harmless the County for all damages, liabilities, losses and expenses arising out of any claim that a deliverable infringes upon an intellectual property right of a third party. If such a claim is made, or appears likely to be made, the Municipality agrees to enable the County's continued use of the deliverable, or to modify or replace it. If the County determines that none of these alternatives is reasonably available, the deliverable may be returned. 26. The Municipality shall not delegate any duties or assign any of its rights under this Agreement without the prior express written consent of the County. The Municipality shall not subcontract any part of the Services without the written consent of the County, subject to any necessary legal approvals. Any purported delegation of duties, assignment of rights or subcontracting of Services under this Agreement without the prior express written consent of the County is void ab initio. All subcontracts that have received such prior written consent shall provide that subcontractors are subject to all terms and conditions set forth in this Agreement, and the Municipality must provide the Department, upon request, with a copy of its executed agreements with all approved subcontractors providing the Services. It is recognized and understood by the Municipality that for the purposes of this Agreement, all Services performed by a County-approved subcontractor shall be deemed Services performed by the Municipality and the Municipality shall insure 17 Page 22 of 346 that such subcontracted Services are subject to the material terms and conditions of this Agreement. All subcontracts for the Services shall expressly reference the subcontractor's duty to comply with the material terms and conditions of this Agreement and shall attach a copy of the County's Agreement with the Municipality. The Municipality shall obtain a written acknowledgement from the owner and/or chief executive of subcontractor or his/her duly authorized representative that the subcontractor has received a copy of the County's Agreement, read it and is familiar with the material terms and conditions thereof. The Municipality shall include provisions in its subcontracts designed to ensure that the Municipality and/or its auditor has the right to examine all relevant books, records, documents or electronic data of the subcontractor necessary to review the subcontractor's compliance with the material terms and conditions of this Agreement. The Municipality shall submit to the Commissioner a letter signed by the chief executive officer of the Municipality or his/her duly authorized representative certifying that each and every approved subcontractor is in compliance with the material terms and conditions of the Agreement. If the Municipality enters into subcontracts for the performance of Services pursuant to this contract, the Municipality shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the County under this Agreement or the Area Agency Plan as approved by NYSOFA. It shall be the responsibility of the Municipality 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. The Municipality agrees that, to the extent it or its subcontractors, if any, maintains personal information relating to applicants or recipients of services pursuant to the contract, such information will be kept confidential and shared with the County; or with other entities upon the consent of applicant, recipient or an authorized representative of the applicant or recipient; or as required by federal or state laws. 27. Nothing herein is intended or shall be construed to confer upon or give to any third party or its successors and assigns any rights, remedies or basis for reliance upon, 18 Page 23 of 346 under or by reason of this Agreement, except in the event that specific third party rights are expressly granted herein. 28. The Municipality recognizes that this Agreement does not grant the Municipality the exclusive right to perform the Services for the County and that the County may enter into similar agreements with other contractors on an "as needed" basis. 29. The Municipality hereby represents that, if operating under an assumed name, it has filed the necessary certificate pursuant to New York State General Business Law Section 130. 30. This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the Parties hereby agree that any cause of action arising out of this Agreement shall be brought in the County of Westchester. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of the Parties prior to the determination of such invalidity or unenforceability. 31. This Agreement shall not be enforceable until it is signed by both Parties and approved by the Office of the County Attorney. [SIGNATURE PAGE FOLLOWS] 19 Page 24 of 346 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed. THE COUNTY OF WESTCHESTER By Mae Carpenter, Commissioner Department of Senior Programs and Services MUNICIPALITY: TOWN OF MAMARONECK By (Signature) (Name) (Title) Approved by the Westchester County Board of Legislators pursuant to Act No. 46 — 2023 adopted on the 6th day of March, 2023. Approved: Assistant County Attorney The County of Westchester Page 25 of 346 ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On the day of in the year 2023 before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement 1 Page 26 of 346 CERTIFICATE OF AUTHORITY (MUNICIPALITY) I, ' (Official other than official signing Agreement) certify that I am the of (Title) the (Name of Municipality) a Municipal Corporation duly organized and in good standing under the laws of the State of New York that (Person executing Agreement) who signed said Agreement on behalf of the (Name of Municipality) was, at the time of execution of the Municipal Corporation (Title of such person) and that said Agreement was duly signed for and on behalf of said Municipal Corporation by authority of its governing board, thereunto duly authorized and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ) ss.: COUNTY OF ) On the day of in the year 2023 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at and he/she is an officer of said municipal corporation; that he/she is duly authorized to execute said certificate on behalf of said corporation, and that he/she signed his/her name thereto pursuant to such authority. Notary Public Date: 2 Page 27 of 346 SCHEDULE "A" STANDARD INSURANCE PROVISIONS (Municipality) 1. Prior to commencing Services, and throughout the term of the Agreement,the Municipality shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. Municipality shall provide evidence of such insurance to the County of Westchester ("County"), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County("Director"). The policies or certificates thereof shall provide that ten (10)days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director,the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director. Upon failure of the Municipality to furnish, deliver and maintain such insurance,the Agreement, at the election of the County, may be declared suspended,discontinued or terminated. Failure of the Municipality to take out, maintain,or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to the"County of Westchester"and adjusted with the appropriate County personnel. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Municipality's negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason,the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the Director. In the event of any loss, if the Municipality maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Municipality.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. 2 The Municipality shall provide proof of the following coverage(if additional coverage is required for a specific agreement,those requirements will be described in the Agreement): a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers'Compensation Law. State Workers'Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be"All locations in Westchester County, New York." -1- Page 28 of 346 Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy,or both,the employer must complete NYS form CE-200, available to download at: http://www.wcb.nv.gov, If the employer is self-insured for Workers' Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self-Insurance,or GSM 05.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). b) Commercial General Liability Insurance with a combined single limit of$1,000,000 (c.s.1) per occurrence and a $2,000,000 aggregate limit naming the "County of Westchester" as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages: i.Premises -Operations. ii.Broad Form Contractual. iii.Independent Contractor and Sub-Contractor. iv.Products and Completed Operations. c) Commercial Umbrella/Excess Insurance: $2,000,000 each Occurrence and Aggregate naming the"County of Westchester" as additional insured, written on a "follow the form" basis. NOTE: Additional insured status shall be provided by standard or other endorsement that extends coverage to the County of Westchester for both on-going and completed operations. All Contracts involving the use of explosives, demolition and/or underground Services shall provide proof that XCU is covered. d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of$100,000 per occurrence for property damage or a combined single limit of$1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages and name the"County of Westchester" as additional insured: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the Parties that the insurance policies so effected shall protect both Parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause"other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County. (c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. -2- Page 29 of 346 Important information for Municipalities and Insurance Brokers: (The below is required for all insurance certificates) For Additionally Insured&Waiver of Subrogation status on an ACORD certificate: a. Check off the additional insured (ADDL INSD)and waiver of subrogation (SUBR WVD) boxes next to the following policies: -Commercial General Liability -Automobile Liability - Umbrella/Excess Liability And input the following language into Description of Operations box: "Certificate holder is included as additional insured on a primary& non-contributory basis" OR b. Input following language into Description of Operations box: "Certificate holder is included as additional insured on a primary& non-contributory basis under the Commercial General Liability,Automobile Liability and Umbrella/Excess Liability policies. All policies include a waiver of subrogation in favor of the certificate holder applies as required by written contract" *For insurance certificates other than ACORD or with no check boxes please use option b* -3- Page 30 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES SCHEDULE "B" TITLE III-C 1 &TITLE III-C 2 NUTRITION PROGRAMS & NUTRITION SERVICES INCENTIVE PROGRAM OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED SUBMITTED BY: ash.of 111 tw44-aAeck (MUNICIPALITY) PERIOD COVERED: JANUARY 1, 2023 TO DECEMBER 31, 2023 OCTOBER 1, 2022 TO SEPTEMBER 30, 2023— NSIP ONE (1) COPY MUST BE MAINTAINED BY EACH OF THE INDIVIDUALS LISTED ON PAGE 2, ITEM NUMBER 7 OF SCHEDULE "C" SEND TO: WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 9 SOUTH FIRST AVENUE, 10TH FLOOR MT. VERNON, NEW YORK 10550-3414 Page 31 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES n� 2023 TITLE IIIC & 2022-2023 NSIP - t_ac MAAWDOF" k--- AMOUNT OF CONTRACT (use enclosed III-C budgets to obtain lines "a-e"): III-C-1 III-C-2 (a) Federal Funds Requested $ 11,40g $ 1/21032. (b) Local/Municipality Match FundsSource of Local Match: $ ci'10 $ y, 0(1 (c) Nutrition Services Incentive Program(Anticipated) $ 3•'I Z $ '�i t4 7 (d) Total Federal + Local Match + NSIP Funds $ 7�(D [010 $ 01cLo (e) Participant Contributions (line 7, pgs 3a &4a) $ 2,11 J [ $ 61510 (f) Total Gross Amount(d+e) $ 2'f ( $ 1 0, b 7 g (g) Other Resources(not included in grant budget) $ $ -1 a- Page 32 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC &2022 -2023 NSIP SCHEDULE "B" TABLE OF CONTENTS PAGE 2023 Amount of Contract 1 a Allocation Strategy and Reimbursement System 1 b—1 d, Unit Cost for Nutrition Program Year 2023 2 Excel Docs: Budget Form: Unit Cost Reimbursement 2023-Title IIIC-1 3a & 3b Budget Form: Unit Cost Reimbursement 2023-Title IIIC-2 4a&4b * Pages marked with an asterisk require original signatures and dates. Include page(s)only for the service(s)which is (are) being provided Page 33 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP ALLOCATION STRATEGY AND REIMBURSEMENT SYSTEM The Westchester County Department of Senior Programs and Services (DSPS) is challenged to meet the ever increasing demand for needed services with declining resources. It is critical that available resources be managed in the most effective and efficient manner possible. Local municipal services for case management and information and assistance are targeted to 5 of the county's 6 cities and 11 municipalities that total 84.13% of the weighted senior population. DSPS and other countywide agencies provide services to seniors not living in those communities. Supplemental funds are issued to 4 communities to provide these services. The DSPS Allocation Schedule labels each service by the following six status designations for each category: JVlandated— 1 (M-11: Service is mandated by funding source for countywide services and municipalities with more than 20% of the county's senior population and the provider has the highest priority for funding at the minimal required level. L Mandated—2(M-21: Service is mandated or discretionary service with components of a countywide service for frail elderly and/or capacity building to serve growing elderly population through strategic partnerships, network management and new ventures in volunteerism including outreach through public information and self-empowerment through community education and training. • jVlandated—3 (M-31: Overfunded, mandated service for local services that can be provided on a countywide basis or countywide service that can be provided locally. • Discretionary—1 (D-1): Discretionary Service includes stand-alone community education and public information. • Discretionary—2(D-21;Discretionary Service includes recreation, special events on a countywide basis. • Discretionary—3 (D-31; Discretionary Service includes intergenerational and special populations and other non-mandated life enrichment programs. DSPS has been able to create and develop new initiatives to enhance the quality of life and preserve the independence and dignity of older persons and their caregivers with new funding in the past several years. However, due to the changing economic climate there is no guarantee that current funding will be maintained at the same level the following year. Priority Services information required by the National Aging Program Information System (NAPIS) is reported through PeerPlace reporting system. PeerPlace collects information on what services are provided, who is being served, how many service units and when services are provided to an individual on an unduplicated basis. Every service that is funded is reported though PeerPlace in terms of units provided and people served. No manual data is submitted to state and federal funding sources. -1b- Page 34 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ALLOCATION STRATEGY AND REIMBURSEMENT SYSTEM (Cont'd.1 The Administration on Aging, US Department of Health and Human Services funded the National Aging Information Center to prepare the Guide to Performance-Based Management: Concepts and Approaches for the National Aging Network for area agencies on aging. The Guide points out that "New and changing requirements for aging programs place a premium on effective management by the Aging Network. In recent years, the thrust of management practice, both in the public and private sector, has been toward a "results" orientation. Accountability is tied to clearly defined measurable results and increasingly so is the budget." Performance-Based Management is built on three pillars - explicit performance expectation, performance contracting, and ongoing performance assessment based on accurate data. Performance-Based Management focuses on bringing outcomes, quality and costs together. A price tag, value or unit cost is placed on achievement of specific outcomes. The cost-effectiveness of the service, program or service delivery system relative to explicit expectations are measured. In other words, "Is the return of sufficient value that continued funding at the same or a higher level warranted?" Also, "What are the opportunity costs of continuing to use limited funding on the same set of services and/or providers, and what other promising ideas or approaches are never pursued?" Whenever performance-based funding for a service is implemented, funding for subsequent years will be based upon the expenditure/performance for the previous program year. If the Municipality is unable to meet service goals that meet required standards for residents within a municipality or region during a program year, new and/or additional providers will be sought for the next program year to serve those residents. Services that are reimbursed on a unit cost basis have included in-home services, employment program and the nutrition services. The unit cost breakdowns for the nutrition programs are included later in this document. Nutrition program contractors are reimbursed on a performance unit cost basis. Nutrition contractors will submit claims with the required back-up documentation showing the number of meals purchased or prepared, the sign-in sheets and the contribution collected. They will be reimbursed in the following manner: Total Meals Served x Gross Unit Cost Less the Local Share for Title IIIC Less $1.30 contribution/meal Less USDA of$0.74 per meal = The federal/state reimbursement, limited to the projected number of meals Many nutrition contractors have gross unit costs less than the countywide average. This is due to a greater use of volunteers and/or additional other resources from the municipality.Therefore the number of meals budgeted for 2023 based upon the countywide federal/state average will be lower than the actual meals those contractors will be able to serve with the same money. Contributions may exceed the average of$1.30 per meal, which is another source for serving more meals than is projected. -1 c- Page 35 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP ALLOCATION STRATEGY AND REIMBURSEMENT SYSTEM (Cont'd.l Voucherina System The Department of Senior Programs and Services will track and monitor Municipality's service deliveries on a monthly reporting basis through the NYSOFA Client Statewide Data System (PeerPlace) reporting system. Vouchers will be submitted each month for each specific service. When a voucheris submitted reviews are conducted by DSPS staff to determine if the contract's performance goals and objectives are being met in a fiscally responsible and appropriate fashion. The actual number of elderly served and units of service are compared to annual goals set forth in the contractual agreement and a percentage is calculated to show how well they are meeting their goals. The Vouchering System will reimburse Municipality based on the calculated performance percentage for either number of people served or number of units served. — Claims will only be paid based on summary reports in the PeerPlace system. The number of elderly served and units provided for each service each month must be entered into PeerPlace each month. The PeerPlace data must agree with the claim amount for that month and that particular service. DSPS Program staff will monitor fiscal claims to ensure the number of units or persons reported for the month corresponds to the PeerPlace data. — A hard copy of the PeerPlace report on the number of units and people served must accompany each claim form. DSPS Program staff will sign off on each claim prior to Fiscal processing. Monthly payments will be made on a unit cost basis or a per person cost basis only. — Payment will be capped at 1/12 of the total allocation each month. At the end of the year adjustments will be made to the final claim to address extreme cyclical periods. Funding for subsequent years will be based upon service delivery performance of the previous program year. -1 d- Page 36 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP UNIT COSTS FOR NUTRITION PROGRAM YEAR 2023 Title IIIC-1 Congregate Meals &Title IIIC-2 Home Delivered Meals— Federal Reimbursement per Meal @$8.32 Other Program Reimbursement FOOD Costs TOTAL Rate $2.74 Federal Share Federal $5.58 Federal $8.32 75% $0.91 Local Share Local $1.86 Local $2.77 Share $3.65 Net Cost of Meal Total $7.44 Net $11.09 $0.74 Federal Estimated Nutrition Services Incentive Program 1.30 Uniform Food Contribution $5.69 Gross Food Costs based upon Westchester County Regional Kitchen Costs Gross Unit Cost Per Meal Without Nutrition Services Incentive Program =$13.13 -$0.74= $12.39 -2- Page 37 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS&SERVICES BUDGET FORM UNIT COST REIMBURSEMENT-2023 TOWN OF MAMARONECI( TITLE Ill-C-1 Municipality GRANT TITLE IIIC-1 BUDGET CATEGORY CONGREGATE MEALS. OTHER SERVICES& ADMINISTRATIVE MANAGEMENT COSTS 1. FEDERAL ALLOCATION $17,608 2. Line 1 _.75 $23,478 3. Local Share(Line 2-Line 1) $5,870 4. Number of Meals Budgeted on a Unit Cost Basis Co$8.32 per meal(Line 1_$8.32) 2,116 5. Title IIIC-1 Total Performance-Based Meal costs @$13.13 per meal(Line 4 x$13.13) $22,345 6. Total Anticipated Nutrition Services Incentive Program Funding $3,132 7. Budgeted Contributions @$1.30 per meal(Line 4 x$1.30) $2,751 8 Municipality Projected Meals to be Served(Complete Lines 9 through 12 ONLY if the meals projected on Line 8 are greater than the meals budgeted on Line 4) 9. Difference Between Budgeted Meals in Line 4 and Projected Meals(Line 8-Line 4) 10. Total Cost for Additional Meals @$12.39 x Line 9 11. Additional NSIP Funding(Line 9 x$0.74) 12 Total Contributions=Municipality Average per meal contribution from Line 12 of last voucher x the greater of Line 4 or Line 8 (indicate month used: ) 13. Budgeted Contributions Surplus/Deficit (Line 12-Line 7) 14. Municiality Other Resources needed for additional meals(Line 10-Line 11-Line 13) If Line 13 is negative it will be added instead of subtracted. If Line 14 is negative there is a surplus and Municipality must complete page 2 before completing Lines 16&17,and enter on line 15 15. Total Non-Recurring Costs from Page 2 of the Budget 16. TOTAL ALL RESOURCES(Line 2+Line 6+Line 11+Line 14(if 14 is positive)or Line 15 17. TOTAL Gross Per Meal Cost(Line 16=the greater of Line 4 or Line 8) -3a- \\Is_seniar\shared\ContractsAMS Only\1-CONTRACTS\IIIB&IIIC\2023\IIIC-NSIP\SCHEDULES\IMAS\SCHEDULE B's\20231IIC-1 Schedule B BUDGET FORM PAGE 3a NEED APP/MAM Revised 6/13/2023 Page 38 of 346 wccit+ nmitc14_, TITLE Ill-C-1 CONTRACTOR GRANT WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS BUDGET FORM UNIT COST REIMBURSEMENT-2023 LIST SPECIFIC ITEMS AND COSTS UNDER EACH CATEGORY A. EQUPMENT MAINTENANCE AND REPAIRS COST B. VEHICLE MAINTENANCE AND REPAIRS COST C. MINOR ALTERATIONS AND RENOVATIONS COST D. VEHICLE PURCHASE COST E. EQUIPMENT PURCHASE(ITEMS GREATER THAN$1,000) COST F. EQUIPMENT PURCHASE(ITEMS LESS THAN$1,000) COST G. TOTAL FOR ALL NON-RECURRING ITEMS H. TOTAL FEDERAL ALLOCATION FOR MEALS AND ALL NON-RECURRING ITEMS -3b- \\fs seniorlshared Contracts AMS OnIy 1-CONTRACTS\III8 8 IIIC\20231IIUC-NSIPrSCHEDULESSIMAS1SCHEDULE 8's\2023 JIIC-NSIP BLANK MC Budges pp 38 4Bevised 9,; 9 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES BUDGET FORM UNIT COST REIMBURSEMENT-2023 TOWN OF MAMARONEC( TITLE III-C-2 Municipality GRANT TITLE 111C-Z HOME DELIVERED MEALS, OTHER SERVICES& BUDGET CATEGORY ADMINISTRATIVE MANAGEMENT COSTS 1. FEDERAL ALLOCATION $42,032 2. Line 1+.75 $56,043 3. Local Share(Line 2-Line 1) $14,011 4. Number of Meals Budgeted on a Unit Cost Basis @$8.32 per meal(Line 1=$8.32) 5,052 5. Title IIIC-2 Total Performance-Based Meal costs @$13.13 per meal(Line 4 x$13.13) $66,333 6. Total Anticipated Nutrition Services Incentive Program Funding $7,477 7. Budgeted Contributions @$1.30 per meal(Line 4 x$1.30) $6,568 8. Munidpality Projected Meals to be Served(Complete Lines 9 through 12 ONLY if the meals projected on Line 8 are greater than the meals budgeted on Line 4) 9. 'Difference Between Budgeted Meals in Line 4 and Projected Meals(Line 8-Line 4) 10. 'Total Cost for Additional Meals @$12.39 x Line 9 I 11. 'Additional NSIP Funding(Line 9 x$0.74) I 12 Total Contributions=Municipality Average per meal contribution from Line 12 of the last voucher report$_ x the greater of Line 4 or Line 8 (indicate month used: ) 13. Budgeted Contributions Surplus/Deficit (Line 12-Line 7) I 14. Municipality Other Resources needed for additional meals(Line 10-Line 11-Line 13) If Line 13 is negative it will be added instead of subtracted. If Line 14 is negative there is a surplus and Municipality must complete page 2 before completing Lines 16&17,and enter on line 15 15. Total Non-Recurring Costs from Page 2 of the Budget 16. 'TOTAL ALL RESOURCES(Line 2+Line 6+Line 11+Line 14(if 14 is positive)or Line 15 17. 'TOTAL Gross Per Meal Cost(Line 16+the greater of Line 4 or Line 8) -4a- \\fs senior\shared\Contracts AMS Only\1-CONTRACTS\IIIB&IIIC\2023\IIIC-NSIP\SCHEDULES\IMAS\SCHEDULE B's\2023 IIIC-2 Schedule B BUDGET FORM PAGE 4a NEED APP/MAM revised re140240 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS&SERVICES BUDGET FORM UNIT COST REIMBURSEMENT-2023 I ULM f MitAls-AIltec , TITLE IIl-C-2 CONTRACTOR GRANT LIST SPECIFIC ITEMS AND COSTS UNDER EACH CATEGORY A. EQUPMENT MAINTENANCE AND REPAIRS COST B. VEHICLE MAINTENANCE AND REPAIRS COST C. MINOR ALTERATIONS AND RENOVATIONS COST D. VEHICLE PURCHASE COST 1 , , E. EQUIPMENT PURCHASE(ITEMS GREATER THAN$1,000) COST F. EQUIPMENT PURCHASE(ITEMS LESS THAN$1,000) COST G. TOTAL FOR ALL NON-RECURRING ITEMS -4b- \\fs senior\shared\Contracts AMS Only11-CONTRACTSIIIB&IIIC\2023\IIIC-NSIPISCHEDULESIMASSCHEDULE B's12023 IIIC-NSIP BLANK IIIC Budget pp 4B revised 6/13/2023 Page 41 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES SCHEDULE "C" TITLE III-C 1 & TITLE III-C 2 NUTRITION PROGRAMS NUTRITION SERVICES INCENTIVE PROGRAM OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED SUBMITTED BY: -Ow h t A' I4MarOt►eC�i-- (MUNICIPALITY) PERIOD COVERED: JANUARY 1, 2023 TO DECEMBER 31, 2023 OCTOBER 1, 2022 —SEPTEMBER 30, 2023 - NSIP REQUIRED ACTION: SUBMIT ONE (1) COMPLETED COPY OF THIS SCHEDULE TO THE WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES ONE (1) COPY MUST BE MAINTAINED BY EACH OF THE INDIVIDUALS LISTED ON PAGE 2, ITEM NUMBER 7. SEND TO: WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 9 SOUTH FIRST AVENUE, 10TH FLOOR MT. VERNON, NEW YORK 10550-3414 Page 42 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022- 2023 NSIP SCHEDULE "C" TABLE OF CONTENTS PAGE Municipality Identification 1, 2, 3* Standard Definitions for Services and Units of Service 4 Standard Assurances 5—6 Targeting and Equal Access Plan 7 Recipient Characteristics Definitions 8 Nutrition Program Standards 9— 17 Program Requirements: Congregate Meals Program 18 Home Delivered Meals Program 19 Miscellaneous Agreements 20 Units of Service& Recipient Data(Excel Form) 21 Plan for Services** ( ) Congregate Meals Program 22 ( Home Delivered Meals Program 23 24 Additional Agreement Provisions Caterer Agreement(Attachment 1) 25-27* Regional Kitchen Agreement(Attachment 2) 28-30* Reporting Requirements 31 Vouchering System 32 Plan for Audit 33 34 Advocacy and Related Activities Executive Order 11246 35*- 37 Municipality Staffing Information 38 Pages marked with an asterisk (*) require original signatures and dates. Include page(s) only for the service(s)which is(are) being provided Page 43 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP FEDERAL FUNDS UNDER TITLE III-C-1 (CONGREGATE MEALS), TITLE III-C-2(HOME DELIVERED MEALS) & NUTRITION INCENTIVE SERVICES PROGRAM PROGRAMS OF THE OLDER AMERICANS ACT,AS AMENDED 1. Municipality: Ou-In O-C fit Am.a ror'eck Address: 1 tie u1. gc,t-1-dv► —Post RA - City: Mamaroneck- , New York,Zip Code 1OS f..3 Phone: 9/1/-3g1-1 f(0,..S--. Person Submitting 1711 Y'i S�+P r"' r,Yl Title: � keir iev4 of 12ecraP Bone: 9t Z/- 3f/— 7kGs— Email Address: T4S1wr-IP -Fown 6Irvi4muroneik ny • Or Program Director: -J 7:11 S t4-e r- Title: 5. ril 4cv+Oe�� d A c f�w'4i'''l Phone: -11(1'3V-"?�C� ' Email Address: -St,"rp-i-v+-not* indfrn dt dv let kn7.o 7 2. Program Period: FROM: January 1, 2023 TO: December 31, 2023 (J 3. Type of Organizationublic() Private Not-for-Profit() Minority Not-for-Profit 4. Check One:if) Program Currently Operating-Started in1(year) ( ) Program to Start On: 5. Names f Municipalities to be Served:(1) T„-N.of/ewtororec% (2) all oY y 1 O,ho.aviecL. (3) cf L Q( tdecIA v.-o 6. Official Authorized to Receive Payments: /' Name: "'i ra.cY Yc4►„�..�M Title: �h (4,611 1 qa ( we- ? 6,3f ke) " City: ,1 a► aivnec..&, New York, Zip Code 10-V Phone: (914) -g0' -7 '5 / Email AddressTT(o ff 1114 h e-kd _n o.Mott aror^eck IT 0 [,5 -1- Page 44 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES u�A 2023 TITLE IIIC & 2022 -2023 NSIP 7w-h a4 (��nw�a/aMtt 7. Person Responsible for; Person Responsible e�for``Preparation of Fiscal Claims and uchers: Name: t't�i�.,G. 11J )�Y1- wne'j Title: J, Phone: I Email: s - 4w14roni9L'At Person(s) Responsibly for Preparation of Monthly Reports: Name: Ir tc,:c.. Mt.-CA - N,..* Title: Sr Phone: Q � �� ' w Email: PC nW 41-Anuoi c iNktmarviletk et 8.Westchester County Grant Funding for 2023: List all Westchester County Departments (including the Department of Senior Programs and Services) that the Municipality has received or will receive grant money from. Include the department's name, the type of grant, and the amount for each grant. Department Type of Grant Amount of Grant 11 1 ravn5-{ai ttti, �� 112, Please check this box, if you do not receive any other grants from Westchester County -2- Page 45 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES n� 2023 TITLE IIIC & 2022 - 2023 NSIP ��.,� �{ MA.A.( nr,k_ 9. Terms and Conditions: The undersigned agrees, with respect to any funds used for Programs described in this Schedule, to comply with all applicable Federal, State and Local laws not limited to and including the following: A. Nutrition Programs for the Elderly under the Older Americans Act, as amended B. Administration on Aging Rules and Regulations for Title Ill. C. NYS Office for the Aging Rules & Regulations for Nutrition Programs for the Elderly. D. Article 15 of the Executive Law of New York State (Law against Discrimination). E. Governor's 1960 Code of Fair Practice. F. Title VI of the Civil Rights Act of 1964. G. Standard Assurances included with this Schedule. H. Section 504 of the Rehabilitation Act of 1975. I. Governor's Executive Order#19 (Prevention of Sexual Harassment). J. Americans with Disabilities Act of 1990. K. Age Discrimination in Employment Act of 1975. L. Section 220-e of the Labor Law. M. Section 296 of the Executive Law as amended in 1996. y MrV v I Signature of pen n No 7 or an authorized representative. ate "Per" signatur of cceptable. PLEASE LEAVE BLANK - DEPARTMENT OF SENIOR PROGRAMS AND SERVICES USE Date Received Date Requested Revisions Date Revisions Received Date Requested Revisions Date Revisions Received Date Requested Revisions Date Revisions Received Dept. of Senior Programs and Services Representative Date Approved -3- Page 46 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC&2022-2023 NSIP STANDARD DEFINITIONS FOR SERVICES AND UNITS OF SERVICE(NYSOFA last rev.9/17/201 Conareaate Meal:A hot or other appropriate meal which meets nutritional requirements and is served to an eligible participant in a group setting. Unit: Each meal served. Meals served to individuals through means-tested programs such as Medicaid Title XIX waiver meals, MLTC/MCO's and private pay meals are excluded from the NSIP meals count. }Tome Delivered Meal:A hot or other appropriate meal which meets nutritional requirements and is provided to an eligible person for home consumption. Unit: Each meal provided. Meals served to individuals through means-tested programs such as Medicaid Title XIX waiver meals, MLTC/MCO's and private pay meals are excluded from the NSIP meals count. Nutrition Counselina: Individualized guidance to individuals who are at nutritional risk because of their health or nutrition history, dietary intake, chronic illnesses, or medications use. Counseling is provided one-on-one by a nutrition professional, who evaluates the person's nutritional needs, develops and implements a nutrition counseling plan, evaluates the client's outcome, maintains documentation and distributes appropriate literature. It is recommended that initial counseling be provided face-to-face at a congregate site, in the home or in an office setting. Follow up nutrition counseling may be provided face-to-face at a congregate site, in the home, office setting or by telephone. A nutrition professional is defined as a Registered Dietitian (RD Nutrition counseling services are available to an older individual and/or her/his caregiver upon referral and/or request. Unit:One hour of service (time with individual and travel time). Nutrition Education~ A planned program to promote better nutrition, physical fitness and health through information and instruction on nutrition and related consumer topics of general interest. The program is provided by or under the direction of a Registered Dietitian (RD Information and instruction may occur in group settings and/or through distribution of materials to individuals. A minimum of 6 group or class presentations must be provided at each congregate meal site annually. Nutrition information or handouts are provided to congregate and home delivered meal participants at least monthly. Unit: (1) Each participant of a group or individual session receives one unit of service. -4- Page 47 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP STANDARD ASSURANCES 1. The Municipality understands and agrees that the funds provided under this Agreement must be used to provide meals and/or services related to the provision of meals, including outreach, nutrition education, nutrition counseling,shopping assistance, delivery of foods and home delivery of meals, transportation to and from nutrition sites for elderly participants and food production equipment essential and appropriate for the maximum number of meals funded under this agreement. 2. The Municipality agrees that it will comply with all requirements under the Older Americans Act and the New York State Office for the Aging (NYSOFA) Program Instructions regarding procedures for obtaining and accounting for program contributions and that all such contributions will be used to expand the Title III-C and Wellness in Nutrition Programs(WIN). 3. The Municipality agrees that it will make use of all available Nutrition Services Incentive Program funds to which they are entitled based on meals provided under this agreement, for the purchase of food for the Title III-C or WIN Nutrition Programs, in accordance with applicable United States Department of Agriculture Regulations. 4. The Municipality agrees to comply with the reporting requirements for the Title III-C or WIN Nutrition Programs as set forth by NYSOFA and the Area Agency on Aging. 5. The Municipality agrees that it shall be their responsibility to: a. identify and reach out to currently unserved and underserved mobility impaired individuals b. cooperate closely with public health personnel to accomplish the activities in nutrition surveillance; and c. at a minimum serve minorities in sufficient numbers to indicate targeting. 6. Nutrition Site/Food Service Facility&Catered Operations The Municipality will consult with Westchester County Department of Senior Programs and Services (WCDSPS) and receive approval from NYSOFA through the WCDSPS, for the operation of any new subcontracted or directly operated WCDSPS nutrition site/food service facility. WCDSPS must also be notified of any catered operation providing meals under contract for Title III-C, or WIN Nutrition Programs. -5- Page 48 of 346 STANDARD ASSURANCES 7. The Municipality shall: a. serve any senior citizen, and ensure equal access for participation, services, activities and informational sessions without regard to race, color, religion, sex, national origin or partisan affiliation; b. ensure that any services to be provided under this Application shall be secular in nature and scope and in no event shall there be any sectarian, partisan, or religious services, counseling, proselytizing, instruction or other sectarian, partisan, or religious influence undertaken in connection with the provision of such services; refrain from using funds to advance any sectarian effort; c. refrain from using funds to advance any partisan candidate or effort however, the Municipality shall ensure that candidates have equal access regardless of policy views or party affiliation; d. prevent the use of official authority, influence or coercion to interfere with or affect elections or nomination for office; e. ensure no coercion nor advice to other persons to contribute anything of value to a party, committee, organization, agency, or person for political purposes, nor engage in any other partisan activities. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -6- Page 49 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES �q� 2023 TITLE IIIC & 2022 -2023 NSIP 1v,-nof 1Nawwr'ftettc.- TARGETING AND EQUAL ACCESS PLAN List the names of Services provided with this contract: I i —c— 1 tAlt iQvx c�1 tV o CPia iil- C- 2. ` (Al4f.e)Ntt«ts The Municipality agrees that for programs established and funded in whole or in part pursuant to Title Ill of the Older Americans Act, Municipality shall: specify how it intends to satisfy the service needs of low-income minority individuals, older adults with limited English proficiency, and older adults residing in rural areas in the area served by it; to the maximum extent feasible, provide services to low-income minority individuals, older individuals with limited English proficiency, and older adults residing in rural areas in accordance with their need for such services; and meet specific objectives established by DSPS, for providing services to low-income minority individuals, older adults with limited English proficiency, and older adults residing in rural areas within the planning and service area. Please be specific in describing how the agency intends to provide services to the maximum extent feasible to: • Low-income minority individuals: OA-50..73 o4re4cL -b lyia► 5v+ - 4 (44'(-",,,..ry restdeK-fs i5 4va �c,��P nme-4•v,r• (JA4+ vt)S4)tui Ct ?a)J,dt 5 �`tn/ (ov►1muh I4tJ us t [Li 45 +.-e Tower) \J,1llores f 45.45 4 J • O der adults with limitedtt� En�h proficienc • /' ! 1 / Lit t t aCL. - tr r4 ( p yu►na�rn eSv�n t 0�ri W. QSS 7•t- 1e S','D�fr� ,17 d l-t(�Gt1 siv� a.LI 4 t/a•��/i tlt kngr?i•.-1 4m Sh • -'�rewsisc-tAr k Ji eo_ !s at Va i t a‘le U en veld/f1')-e, tz„,„.5„.„3,_s, (Ale 4s 4 ; 5 6 le 40 fir-vwcteJe. pk8eS us t, 66 u5 1 pos egk • If applicable, older adults residing in rural areas in the area served: all4 -7- Page 50 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC &2022-2023 NSIP 1. DISABLED: "Any person who has a physical or mental impairment, which substantially limits one or more major life activities, has a record of such impairment or is regarded as having such impairment. This includes alcoholism and drug addiction." 2. LOW INCOME: "Any person whose income is at 150% of current poverty income guideline." 3. POVERTY INCOME GUIDELINES: Listed below are the 2023 Poverty Income Guidelines for your information. SIZE OF FAMILY POVERTY INCOME GUIDELINES 100% 150% 1 $ 14,580 $21,870 2 19,720 29,580 3 24,860 37,290 4 30,000 45,000 (Source: Update of the HHS Poverty Guidelines--NY State Department of Health and Human Services Federal RegisterNol. 88, No. 12/Thursdav, January 19, 2023/Notice) 4. AT RISK: `Those 60+ individuals who are at greatest risk of institutionalization and/or who indicate the greatest social or economic need." 5. FRAIL:a. Frail-A person with one or more functional deficits in the following areas: • Physical functions • Mental functions •Activities of Daily Living [ADLJ (eating, bed/chair transfer,dressing, bathing, toileting and continence). • Instrumental Activities of Daily Living [IADL](meal preparation, housekeeping, shopping, medications,telephone, travel and money management). 6. LIVE ALONE: "Anyone who does not have other persons living in their household." 7. VETERANS: "Any person who has served in the armed forces." 8. LEP: A Limited English Proficient(LEP) individual is a person who does not speak English as his/her primary language and who has"a limited ability to read, write, speak, or understand English, and may be eligible to receive language assistance with respect to a service, benefit or encounter." -8- Page 51 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC &2022-2023 NSIP NUTRITION PROGRAM STANDARDS I. PROGRAM MANAGEMENT A. General Policy The Municipality shall have written policies and procedures covering all aspects of the program including: 1. An organizational chart 2. Personnel policies 3. Job descriptions-specifying qualifications,experience and appropriate training 4. Orientation and training 5. Contributions 6. Food service management, sanitation and delivery 7. Program monitoring 8. Record Keeping 9. Reporting 10. Participant eligibility 11. Safety, including preventive and emergency procedures(fire, weather, participant illness and injury) 12. Food and equipment security 13. Participant survey administration 14. Special/therapeutic diets 15. Provision of nutrition screening,education and counseling 16. Congregate meal food take home policy 17. Home delivered nutrition services 18. Assessments 19. Third party meals 20. SNAP contributions 21. Provision of meals to staff under 60 at guest rate B. Contributions The Municipality shall implement the NYSOFA contribution policies and procedures including: 1. Participants receiving information on the use of contributions. 2. The opportunity for individuals to make a contribution for nutrition services received. 3. Contributions for meals are confidential and voluntary and individuals are free to choose the amount they wish to contribute. 4. Any contribution made will be used to expand the program. 5. No one will be denied the service because of their inability to contribute. -9- Page 52 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC &2022- 2023 NSIP NUTRITION PROGRAM STANDARDS.CONT'D C. Jnsurance The Municipality shall be covered by the following insurance where applicable and feasible: 1. Facility insurance 5. Products liability 2. Vehicle insurance 6. Personal liability, including volunteers 3. Workman's compensation 7. Bonding/Commercial Insurance Policy covering losses from employee theft 4. Unemployment D. Conareaate Site Aareement There shall be written site agreements between the provider and all sites serving meals. The site agreements must address as appropriate: 1. Agreement on utility/rent payment 2. Specific areas and square footage 3. Hours opened, days opened, days closed, and seasonal variations 4. Responsibility for care and maintenance of the facility: (a) Sanitation of restrooms and common areas (b) Cleaning range hoods,fans, furnace vents, etc. (c) Snow removal on walks 5. Responsibility for fire inspections 6. Obtaining Health Department permits 7. Insurance coverage for items owned by the project 8. Personnel liability insurance 9. Compliance with all federal, state and local laws 10. Security for site equipment and food 11.Responsibility for replacement of equipment 12.Certificates of Occupancy E Record Retention 1. The Municipality will keep the following records for one year after the ending date of the program period: a. Food temperature logs; congregate and home delivered meals b. Site, kitchen and route monitoring reports c. Health Department inspection reports -10- Page 53 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022- 2023 NSIP NUTRITION PROGRAM STANDARDS.CONT'D d. Nutrition education programs, surveys and units of service e. Nutrition counseling client files and units of service f. Menus as served and nutrient analysis g. Food cost and inventory records and production sheets h. Participant surveys and evaluations i. Physician diet orders j. Participant, staff and volunteer meal service records e.g. sign-in sheets 2. The Municipality will keep the following records for six years after the ending date of the program period: a. Congregate participant registration b. Home Delivered Meals eligibility assessments and reassessments c. Contribution collection and deposit records d. All income and expense records e. Contract, budget and payroll/time sheet documents f. AAA monitoring reports of contracted nutrition providers and directly provided nutrition services. II. PARTICIPANT ELIGIBILITY AND ASSESSMENTS A. Conareaate Meals Nutrition Services Eliaibility The Municipality shall ensure that program regulations are met as follows: 1. Any person age 60 or older and the spouse of such a person is eligible to participate in congregate nutrition services. 2. Individuals with disabilities under the age of 60 who reside in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided may also be served. 3. In accordance with procedures established by the area agency: a. individuals with disabilities under the age of 60 who reside at home with an eligible older individual may be offered congregate nutrition services on the same basis as meals are provided to eligible participants; and b. individuals under the age of 60 who provide volunteer services to the meal program during meal hours may be offered a meal on the same basis as meals are provided to eligible participants. B. Home Delivered Meals Nutrition Services Eliaibility The Municipality shall ensure that program regulations are met as follows: -11- Page 54 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC &2022 -2023 NSIP NUTRITION PROGRAM STANDARDS.CONT'D 1. Any person age 60 or older is eligible to receive home delivered meals, provided that such person: a. is incapacitated due to accident, illness, or frailty; b. lacks the support of family, friends, or neighbors; and c. is unable to prepare meals due to a lack of or inadequacy of facilities, an inability to shop, cook, or prepare meals safely, or a lack of appropriate knowledge or skill. 2. The spouse of an eligible recipient, regardless of age or condition, may receive home delivered meals if, according to criteria established by the area agency, receipt of such meals is in the best interest of the eligible participant. 3. In accordance with procedures established by the area agency: a. individuals with disabilities under the age of 60 who reside at home with an eligible participant may receive home delivered meals if, according to criteria established by the area agency, receipt of such meals is in the best interest of the eligible participant; and b. individuals under the age of 60 who provide volunteer services to the meal program during meal hours may be offered a meal on the same basis as meals are provided to eligible participants. C. Assessments 1. The area agency shall ensure that each person referred for or requesting home delivered meals is assessed to determine the need for such services as follows: a. a comprehensive client assessment, consistent with NYSOFA guidelines, must be completed prior to initiating service; in individual cases of emergent need for meals to be initiated before an assessment is conducted (i.e. hospital discharge referral), the assessment must be conducted within ten business days of initiating service. If the assessment is not completed prior to service, the following intake information must be noted and on file: name, address, phone, emergency contact, physician, major chronic conditions, birthdate, diet, and description of emergent nature of need; b. client assessments must be conducted by a person who has the same qualifications as staff who perform assessments for other community-based long-term care services; c. reassessments are done at least every 12 months. Case managed clients receive a documented contact every 2 months and non-case managed clients must receive a documented contact every 6 months; and d. appropriate referrals, with the consent of the participant or their representative, must be made when other needs are identified through the assessment process (e.g. nutrition counseling, transportation, personal care). III. MEAL SERVICE AND DELIVERY The Municipality shall ensure that program regulations are met as follows: -12- Page 55 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP NUTRITION PROGRAM STANDARDS 1CONT'D.1 A. Congregate Meals Program Service Delivery and Accessibility The Area Agency on Aging shall ensure that: 1. The nutrition program provides maximum accessibility to older persons in greatest social or economic need with particular attention to low income minority individuals. 2. Congregate sites are located in as close proximity to the majority of eligible older individuals' residences as feasible. 3. All sites must be in an area that is easily accessible to the target population and in compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. 4. Congregate nutrition program provides at least one hot or other appropriate meal per day, five or more days a week. Exceptions may only be made in a rural area where such frequency is not feasible, and a lesser frequency is approved by NYSOFA. 5. All sites are open at least one hour before and after the meal is served to permit all participants to eat a leisurely meal, enjoy social contact, and take advantage of other services at the site. 6. The program provides nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal participants. 7. To the maximum extent possible there is space available for supportive services (which protects the privacy of individual participants), educational services, and/or recreational services and activities. 8. Meals are provided in congregate settings, including adult day care facilities and multigenerational meal sites and may include restaurant- based sites. 9. All sites must be open to the public so that eligible participants may gain access. There must not be a requirement to be a member, pay an entrance fee, be a resident, or participate in another program or service in order to gain access to the congregate meal. 10. Participants are registered in accordance with NYSOFA's reporting requirements. 11. Participants are monitored for the possible need for home delivered meals instead of congregate meals and referrals are made as necessary. 12. Each nutrition services provider (direct or contracted) shall alert the area agency to conditions or circumstances which may endanger the participant, other participants, workers, volunteers, meal site or household. -13- Page 56 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022- 2023 NSIP NUTRITION PROGRAM STANDARDS ICONT'D.1 B. Home Delivered Meals Program Service Delivery and Accessibility The Area Agency on Aging shall ensure that: 1. The home delivered meals program provides maximum accessibility to older persons in greatest social or economic need with particular attention to low income minority individuals. 2. The home delivered meals program provides at least one home delivered meal per day,five or more days a week. Exceptions may only be made in a rural area where such frequency is not feasible, and a lesser frequency is approved by NYSOFA. a. Such meals may be hot, cold, frozen, dried, canned, or fresh foods and, as appropriate, supplemental foods. 3. The home delivered meals program provides nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal participants. 4. To the extent possible, the home delivered meals program makes available medical information approved by health care professionals, such as informational brochures and information on how to get vaccines, including vaccines for influenza, pneumonia, and shingles, in the individuals' communities. 5. Each nutrition services provider(direct or contracted) shall alert the area agency to conditions or circumstances which may endanger the participant, other participants, workers, volunteers, meal site or household. C. provision of Meals to Guests and Staff Under Sixty 1. Procedures are in place that ensure that eligible participants are given priority for meals over all guests and staff under sixty. 2. Meal charges for guests and staff under sixty are based on actual food and disposables cost of caterers'charge per meal. 3. There is a written policy concerning the provision of meals to staff under sixty at the guest rate. D. Third-Party Reimbursement The Area Agency on Aging shall ensure that: 1. The area agency shall seek appropriate reimbursement from third-party payers(public and private) when such participants' nutrition services are or may be covered by another funding source. a. There are written agreements concerning the reimbursement of meal cost pertaining to community-based residential care facilities, community-based service providers, and other public or private third-party payers. -14- Page 57 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP NUTRITION PROGRAM STANDARDS(CONT'D.1 2. Nutrition services providers under contract with an area agency to provide nutrition services seek appropriate reimbursement from third-party payers (public and private)to pay for congregate and home delivered nutrition services provided to covered participants when such participants' nutrition services are or may be covered by another funding source. This would include community-based residential care facilities, community-based service providers, and other public or private third-party payers. a. Nutrition services providers have written agreements concerning reimbursement of meal cost(based on actual costs per meal), participation of covered individuals, and other policies, procedures, and conditions in accordance with NYSOFA's standards. E.jVleal Service The Municipality shall ensure that program regulations are met as follows: 1. Efforts are made to conserve the nutritive value, flavor and appearance of foods at all stages of food preparation, delivery and service with particular attention made to minimize the hot holding time before they are consumed. Potentially hazardous foods (as defined in New York State Sanitary Code Subpart 14-1.31) are held, delivered and served at temperatures 45 degrees Fahrenheit or below or 140 degrees Fahrenheit or above. 2. Foods are portioned for service as indicated on approved menus. 3. Each nutrition services provider in accordance with applicable laws and regulations accommodates the needs of individuals with disabilities or limited mobility and has available for use upon request appropriate food containers, utensils, and other assistive devices. 4. When feasible and appropriate, arrangements are made for the availability of meals to participants in weather-related emergencies. 5. There are written procedures concerning: a. The provision of food and/or meals in weather related or other emergencies or disasters; b. the cancellation of meals; c. notification of service delays or closings; d. restrictions concerning the drop-off of home delivered meal(s); e. the allowance of or prohibition against participants taking part or all their meal home for later consumption regarding food safety issues and participant responsibility; and f. the provision of appropriate food containers and utensils for individuals with disabilities. 6. Clients receiving home delivered meals are instructed on the requirements of receiving a meals and the use and safe handling of the meal. IV. FOOD SERVICE OPERATION The Municipality shall ensure that: -15- Page 58 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP NUTRITION PROGRAM STANDARDS ICONT'D.1 1. All facilities used for meal preparation and/or service delivery meet all applicable Federal and State requirements, including the State Sanitary Code Part 14-1 requirements, and all local health, sanitation, building, fire and safety regulations 2. Food costs using NYSOFA administered funding area accurately determined and calculated on a quarterly basis 3. Procedures are in place to forecast the number of meals to be prepared and/or served daily e.g. reservation system. 4. Standardized recipes are used for food production. 5. Food items on production and on-site menus are clearly identified and portion sizes are indicated as needed. 6. Portion control is maintained during food preparation and service to be consistent with Registered Dietitian certified menu requirements. V. FIRE, BUILDING AND HEALTH CODE COMPLIANCE AND SAFETY PROCEDURES A. Facility Compliance and Safety Procedures The Municipality shall ensure that: 1. NYSOFA approval has been granted for the operation of any contracted or directly operated nutrition site, satellite site, central kitchen or facility which prepares, packages or serves meals using NYSOFA administered funding. Operation permits are kept on file at the agency for NYSOFA to review. 2. NYSOFA has been notified of any commercial caterer, restaurant, hospital, nursing home, school or"Meals on Wheels" which provides meals under an agreement with a NYSOFA administered program. 3. NYSOFA approval is received prior to any changes in the status of the operation of meal sites, kitchens or caterers and restaurant-based sites and such changes are accurately reflected in the NYSOFA meal site roster. 4. All sites and food preparation facilities (contracted and directly operated) are inspected annually by the local Department of Health. Inspection reports and follow-up documentation on compliance issues are kept on file with the area agency. -16- Page 59 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP .NUTRITION PROGRAM STANDARDS(CONT'D.) 5. All facilities are in compliance with the NY State Sanitary Code and display operation permits. 6. All facilities have written confirmation or permit posted that they comply with Fire Department or Buildings Department regulations. a. Exits are clearly identified, well-lit and free of obstacles/clutter. b. Fire extinguishers are strategically placed and inspected annually. c. Evacuation plans are posted. 7. Fire drills are conducted annually at all congregate sites and documented. B. Food Service Practices Compliance The Municipality should ensure that: 1. Food service practices comply with all applicable federal, New York State Sanitary Code Part 14 and local health and sanitation regulations. 2. Time and temperatures of potentially hazardous foods (as defined in New York State Sanitary Code Subpart 14-1.31) shall be taken and recorded as follows: a. Final cooking temperatures. b. Bulk food temperatures must be taken prior to delivery, at delivery and at serving time. c. HDM end route temperatures must be taken monthly for each route. 3. Outbreaks of suspected food-borne illnesses are reported to the local Health Department, NYSOFA and the Area Agency on Aging immediately. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -17- Page 60 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP PROGRAM REQUIREMENTS CONGREGATE SETTING NUTRITION&HOME DELIVERED MEALS PROGRAMS The Municipality shall provide a Congregate Setting Nutrition Program ("CSNP") or both a Congregate Setting Nutrition Program (CSNP) and a Home-Delivered Meals Nutrition Program ("HDMNP") which meets the requirements of the Older Americans Act, and the rules and regulations of the Department of Health and Human Services and the New York State Office for the Aging and the Westchester County Department of Senior Programs and Services. CONGREGATE SETTING NUTRITION PROGRAM The Municipality, in connection with CSNP, shall serve and provide a lunch meal, in a setting and atmosphere conducive to pleasant dining, at the site designated, five days a week, on Monday, Tuesday, Wednesday, Thursday and Friday. The site shall be open to all persons who are sixty (60) years of age or older and their spouses (hereinafter referred to as"Participants")for at least five consecutive hours per weekday, and the lunch shall be served between 11:30 a.m. and 1:30 p.m. on those days. The Municipality shall collect voluntary contributions from participants and shall collect the full price of a meal from guests and staff members who are under the age of sixty (60) years at a rate agreed upon between the County and the Municipality. The Municipality shall keep a separate ledger account of such contributions together with supporting records and documents. No eligible Participant shall be deprived or prevented from participating in the CSNP because of inability to contribute or solely because of race, sex, creed, color, nationality, country of origin or disability. In addition to the foregoing, the Municipality will furnish Participants with support services in accordance with the Manual of Policy and Procedures for the Nutrition Program for the Elderly, including but not limited to transportation assistance, an information and referral service, health and wellness counseling, nutrition education, recreational activities, shopping assistance, and a program of outreach to assure participation of special target persons including, but not limited to, minorities, poverty level persons and isolated individuals. The Municipality will encourage Participants to take part in the Project Council in order to achieve a coordinated system of program services and rapid dissemination of information and ideas regarding CSNP matters. -18- Page 61 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP PROGRAM REQUIREMENTS ICONT'D.1 J-IOME DELIVERED MEALS NUTRITION PROGRAM The Municipality, in connection with the HDMNP, shall provide and serve a lunch meal five days a week on Monday, Tuesday, Wednesday, Thursday and Friday, between 11:30 a.m. and 1:30 p.m., and/or a cold supper on the same days at the eligible Participant's home. When feasible, the Program shall be extended to include Saturday, Sunday and holidays. Said lunch meal shall be made available to Participants. The Municipality shall collect voluntary contributions from Participants and the full cost of the meal from guests and staff under 60 years of age at a rate agreed upon between the County and the Municipality. The Municipality shall keep a separate ledger account of such contributions together with supporting records and documents. No eligible Participant shall be deprived or prevented from participating in the HDMNP because of inability to contribute or solely because of race, sex, creed, color, nationality, country of origin or disability. In addition to the foregoing, the Municipality will furnish Participants with Support services, in accordance with the Manual of Policy and Procedures for the Nutrition Program for the Elderly, including, but not limited to, an information and referral service, health and wellness counseling, nutrition education, and a program of outreach to assure participation of special target persons including, but not limited to, minorities, poverty level persons, and isolated individuals. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -19 Page 62 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022- 2023 NSIP 2023 TITLE IIIC & 2022- 2023 NSIP PROGRAM REQUIREMENTS lCont'd.l MISCELLANEOUS AGREEMENTS 1. It is understood and agreed that the Municipality bears an affirmative obligation to answer questions specifically or directly relating to this Agreement before any official, board or agency authorized or empowered to inquire into such matters. This section shall not be construed as barring the Municipality, its directors, officers or employees from exercising their constitutional privilege against self-incrimination. The foregoing, however, shall not be construed as limiting the rights and remedies of the County in the event of such refusal, and when such body or agency is wholly civil in nature, failure or refusal to fully cooperate with and diligently answer the inquiries of such official, board or agency may constitute grounds for the termination of this Agreement and/or the exercise of any and all other rights or remedies which the County may have by reason of such failure or refusal. a. Such person, and any firm, partnership or corporation of which he is a member partner, director or officer, shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contract with the State, the County of Westchester, or any public department or official thereof, for goods, work or services, for a period of five (5)years after such failure or refusal to fully cooperate with and diligently answer the inquiries of such official, board or agency may constitute grounds for the termination of this agreement and/or the exercise of any and all other rights or remedies which the County may have by reason of such failure or refusal. b. Any and all contracts made with the State, the County of Westchester, or any public department, agency or official thereof, since July 1, 1959 by such person and by any firm, partnership or corporation of which he is a member, partner, director or officer, may be canceled or terminated by the County of Westchester, without incurring any penalty or damages on account of such cancellation or termination, but any moneys owing pursuant to said transaction or contract prior to the cancellation and termination, shall be paid. 2. If the agreement between the Municipality and food vendor has been bid,the food vendor certifies that: a. The bid has been arrived at independently and has been submitted without collusion with any other vendor of materials, supplies, or equipment of the type described in the invitation for bids. b. The contents of the bid have not been communicated by the food vendor, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the food vendor or its surety of a bond furnished herewith prior to the opening of the official bid. 20 Page 63 of 346 \ } k r & m ) r a \ ! � o ` U in / ) \ \� \ 2 - ! k 0 _ _ ƒ� ell Z A I { cc- ''Li CO 0 m on U { 11 d k / ( k . - 0 \ - ° _ � � } z z ) _ o _ = k t l ) 0 0 0 . � 2 f ■ § cu5 ; zE 2 E o « ] 2 q = § � i2 } we4 � m a. / | k ri I. c on - k . . $ CO ` CO _ r- E 0111 § 72 E. , to k 4 To %a Z. c iL. = 2 O 0 �, ! ) ƒ N COen U In R \ 2 } o � / 0. { _ lij_ q § m 4, fro k \ IN NI S $ ri k E + I A 2 ± 1 ix) Lin N CA & I .0 T. f a Q ( _ 2 e. G q 3 & ( / ( J J / _ . 0 VE , . . . \ tEi \ E \ § 2 \ ) U \ § 0 2 0 § 8 w ` 2 » / § \ LXEEi \ } } \ . . . . ; Page 64 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ,,.4.o4 Ma.rraneq, PLAN FOR SERVICES SERVICE NAME: CONGREGATE SETTING NUTRITION PROGRAM 1. If the Municipality services are not being targeted to those most in need, explain why services should be funded. Placement of services is pre-targeted. 2. The Major Action Steps that will be taken to improve the program must be completed below if: • the Municipality's previous fiscal year's performance is less than 75%or • the Municipality has any unmet compliance requirements(service provision, recipient, reporting, or fiscal). 2023 TIMETABLE MAJOR ACTION STEPS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -1kW,,nr-u. , Se w.bY. i, C/ C/ C f LJ Il (1 -e J�n-j - wi f // tf t/ L- tom' I/ c/ L -�d ' 6.f a, � s -22- Page 65 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES .--�-^ 2023 TITLE IIIC & 2022 -2023 NSIP Of /i1 n exetL-- ELAN FOR SERVICES SERVICE NAME: HOME DELIVERED MEALS NUTRITION PROGRAM 1. If the Municipality services are not being targeted to those most in need, explain why services should be funded. Placement of services is ore-targeted. 2.The Major Action Steps that will be taken to improve the program must be completed below it • the Municipality's previous fiscal year's performance is less than 75%or • the Municipality has any unmet compliance requirements(service provision, recipient, reporting, or fiscal). 2023 TIMETABLE MAJOR ACTION STEPS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV inne 15. "roc rPA5.e =srr rt t1 a L,a.4 -terc�' Y -23- Page 66 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ADDITIONAL AGREEMENT PROVISIONS REPORTING REQUIREMENTS Without limiting the right of the County to require additional reports and unless otherwise specified in writing by the County, the Municipality shall furnish the following reports to the County Department of Senior Programs and Services prior to the tenth (10th) working day of each month: 1. Participant Daily Registration Report 2. Monthly Nutrition Services Report 3. Monthly Contribution Report Indicating Bank Deposits for Title III C-1 &Title III C-2 Programs 4. Equipment Inventory Sheets for each item costing $300.00 or more purchased with funds provided under this Agreement 5. Paid Food Bills. PAY PER MEAL PROVISION The County may, in its discretion, pay the Municipality an amount for each meal served in connection with the Program provided the Administration on Aging approves the same pursuant to such Agency's "Nutrition Services Incentive Program ". Municipality understands and agrees that all food purchased for the Program must be grown and produced in the United States. SUBCONTRACTING FOR FOOD The Municipality shall not assign, transfer, subcontract, or otherwise dispose of this Agreement or any right, duty or interest herein without the prior written approval of the County. The Municipality may subcontract for food, without obtaining approval from the County, where the Municipality does not produce food; provided, however, that (a)the County shall be promptly notified of each such food subcontract and shall retain the right to disapprove any such food subcontract for cause; (b) the Municipality and the food subcontractor shall execute the agreement annexed hereto and made a part hereof as Attachment 1; or some such similar agreement, the terms of which do not differ in any material respect from the terms contained in Attachment 1; and (c) a copy of such agreement is forwarded to the County immediately upon execution by the parties thereto. If the Municipality prepares its own meals on site, the Municipality is required to execute the letter annexed hereto and made a part hereof as Attachment 2. -24- Page 67 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ATTACHMENT 1 ��Jj CATERER AGREEMENT // A. FOOD VENDOR NAME: 140,et24.)ri C Cie ADDRESS: 257 AA tv,vutirOotck PVC 1111 exvMkibt1-etk N� /as VJ MUNICIPALITY NAME: toi- c>-( 114 awt-asrt vet.44. ADDRESS: 1'10 SSA 1`1jisf44-trn t'oS'� �`-d ' coweerSw2 C/ tuf /oS'13 CONTACT PERIOD: From (i i '23 To i Z�3t 23 ESTIMATED TOTAL AMOUNT OF CONTRACT: pr For Congregate Meals: $ I i ig O X For Home Delivered: $ 412/ 03a LOCATION OF MEALS PREPARATION SITE: 251 PA p t kw.(\an C ck-Ad{.1 /1/1&n c1Ok k( Al (the"Food Vendor's Address") NUMBER OF SITES SERVED: I c t-tb n'1 ESTIMATED TOTAL MEALS TO BE SERVED IN PROJECT YEAR: For Congregate Meals: a`ttt a ©CO. ,,� For Home Delivered Meals: �Q 0 CHARGE PER MEAL ACTUALLY SERVED: (Q}+' For Congregate Meals: $ 19 t 3 4 / For Home Delivered Meals: B. MUNICIPALITY AND FOOD VENDOR AGREE AS FOLLOWS: 1. Food Vendor shall provide an estimated ` meals per day on the following days: V Monday IV Tuesday V Wednesday 1/ Thursday U Friday th' Saturday N3 Sunday C-v-reSte5,, 2. The Food Vendor shall deliver such meals to Town 'c4 4 1 s ue -ter) `4. ,i d' .11 late l` "Municipality") in heated or refrigerated containers that will maintain hot food above 140 degrees F. ' r l and cold food below 45 degrees F. ``) d? `v The Municipality's Employees will assist in unloading heated and refrigerated containers from the transport vehicle. -25- Page 68 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP ATTACHMENT 1 (CONT'D) CATERER AGREEMENT 3. The Food Vendor all have such meals ready for transport in heated and/or refrigerated containers no later than I :tao a.m. each day. 4. All meals will furnish one-third the Dietary Reference Intakes (DRIs)developed and published by the Institute of Medicine(IOM) and as required by the National Nutrition Program for the Elderly. 5. The following meal pattern will be adhered to, to insure meeting one-third DRIs: meat,fish, poultry (minimum of 2 oz. cooked edible portion not to include breading), vegetables and fruit (three 1 cup servings), grains/whole grains (2 servings, 1 ounce each, one serving must be whole grain), butter or margarine (1-2 tsp),and dairy (1 serving). 6. Westchester County Department of Senior Programs and Services will submit to the Municipality a menu containing a minimum of a six week cycle of meals approved by the project dietitian. The Municipality shall make its best efforts to adhere to this menu. In any event the Municipality shall adhere to the meal pattern requirements set forth in Paragraph 5. 7. The Food Vendor shall provide enough food, according to the meal pattern, to provide meals for an estimated 10 people per day which may include milk, bread, butter, napkins, salt, pepper, knives, forks, spoons and such other necessary items for an adequate table setting as set forth in the bid specifications, the terms of which shall be deemed incorporated by reference herein as if the same were set forth at length. 8. The Food Vendor shall prepare the food hot and ready to serve. Hot food must be at least 140 degrees F. and cold food 45 degrees F. when delivered by the transport vehicle. The Municipality's Nutrition Site Manager will check all delivered food as it arrives to insure proper food temperature and proper number of meals. 9. The Food Vendor will be open for inspection and program evaluation during the normal business hours by representative of local and State Departments of Health, local nutrition program, County and State Offices for the Aging, State Office of General Services, U.S. Administration on Aging, U.S. Department of Agriculture and General Accounting Office. 10. The Food Vendor shall meet all Federal, State and local health codes. 11. The Food Vendor shall be responsible for ensuring that all vehicles used in the transport for food prepared hereunder, are maintained in a clean manner. Such vehicles shall also be available for inspection by the agencies listed in Paragraph 9 above. 12. The Food Vendor will implement any recommendations made by the agencies listed in Paragraph 9. 13. The Food Vendor shall indemnify and save harmless New York State and Westchester County from any and all claim or claims whatsoever arising from or in connection with services rendered hereunder, including, but not limited to, claims resulting from poisoning caused by food pursuant to this agreement. -26- Page 69 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ATTACHMENT 1 (CONT'DI CATERER AGREEMENT 14. The Food Vendor shall provide evidence of those insurance policies required by the Municipality. 15. The Food Vendor shall post bond in the amount of one month's fees as security against default by the Food Vendor in the performance of its duties under this contract. 16. The Food Vendor shall adhere to the provisions of the Civil Rights Act of 1964 and all amendments thereto, Executive Order 11246 and 11375 as supplemented by 41 CFR Part 60 and agrees not to discriminate against any individual on the basis of race, sex, color, creed, age, religion, disability, marital status or national origin. 17. The Food Vendor shall provide the Westchester County Department of Senior Programs and Services with a cost breakdown of the food provided by raw food, preparedfood,transportation, and other costs attributed to the local project as New York State Office for the Aging (NYSOFA) and Administration on Aging may request. 18. The Food Vendor shall submit billings to the Municipality at the end of each calendar month for the actual number of meals prepared and any additional food prepared and delivered at the request of the Municipality's Site Manager during the said calendar month. 19. The Food Vendor agrees to retain records substantiating the basis for payment hereunder for a period of three(3)years following the final payment hereunder, and shall make such records available to representatives of the United States Department of Health and Human Services, the NYSOFA, the Westchester County Department of Senior Programs and Services and the Municipality. In the event one or more of the foregoing agencies commence an audit, or litigation or other action concerning the payments made under this contract, the Food Vendor shall retain such records until such audit, litigation or other action is concluded, or until expiration of the said three-year period, whichever is later. 20. The Food Vendor may terminate this contract at any time during its term without cause by giving not less than sixty (60)days prior written notice to the Municipality of the intention to terminate this contract and the specific termination date. 21. This contract may be terminated by the Municipality on thirty(30)days written notice to the Food Vendor whenever such termination is in the bestinterest of the Recipient. dm' The Food Vendor: i-2-csn 't"�( u c(Vite_ Co f e By: (Original Signature only)� � (Title) (Date) - The Municipality: . lovvw n 't- awtaa-rtk,'e�G... By: (Original Signature only) (Title) (Date) -27- Page 70 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ATTACHMENT 2 REGIONAL KITCHEN AGR E E�4 AGREEMENT made this day of I , 20_by and between: a corporation of the State of New York,with its principal office at (hereinafter referred to as the"Preparer") and a corporation, of the State of New York, with its principal office at (hereinafter referred to as the"Recipient") WITNESSETH; WHEREAS,the Preparer and the Recipient wish to enter into an agreement for the preparation of Senior Citizens Nutrition Program Meals. NOW,THEREFORE,the parties hereto do mutually agree as follows: 1. The Preparer shall prepare approximately meals per day, Monday through Friday, excluding national holidays, from to , on the premises located at ("Preparation Site"), at a cost of$ per meal. 2. The Recipient shall be responsible for the pick-up of such meals at the Preparation Site and the delivery to the Recipient's distribution site. The Preparer's Nutrition Program Employees will assist in loading heated or refrigerated containers into the transport vehicle. 3. The Preparer shall have such meals ready for transport in heated and/or refrigerated containers no later than a.m. each day. 4. All meals will furnish one-third the Dietary Reference Intakes (DRIs) developed and published by the Institute of Medicine (IOM) and as required by the National Nutrition Program for the Elderly. -28- Page 71 of 346 ATTACHMENT 2 (CONT'DL REGIONAL KITCHEN AGREEMENT 5. The following meal pattern will be adhered to, to insure meeting one-third DRIs: meat, fish, poultry(minimum of 2 oz. cooked edible portion not to include breading), vegetables and fruit(three 1 cup servings), grains!whole grains (2 servings, 1 ounce each, one serving must be whole grain), butter or margarine (1-2 tsp), and dairy (1 serving). 6. Westchester County Department of Senior Programs and Services will submit to the Preparer a menu containing a minimum of a six week cycle of meals approved by the project dietitian. The Preparer shall make its best efforts to adhere to this menu. In any event,the Preparer shall adhere to the meal pattern requirements set forth in Paragraph 5. 7. The Preparer shall provide enough food, according to the meal pattern to provide mealsfor approximately people per day including milk, bread, butter and such other necessary items as deemed appropriate by both parties. 8. The Preparer shall prepare the food hot and ready to serve. Hot food must be at least 140 degrees F. and cold food 45 degrees F. when delivered by the transport vehicle. The Recipient's Nutrition Site Manager will check all delivered food as it arrives to insure proper food temperature. 9. The Preparation Site will be open for inspection and program evaluation during normal business hours by representatives of local and State Departments of Health, local nutrition program, County and State Offices for the Aging, State Office of General Services, U.S. Administration on Aging, U.S. Department of Agriculture and General Accounting Office. 10. Preparer will implement any recommendations made by the above-mentioned agencies in paragraph 9. 11. The Preparation Site shall meet all Federal, State and local health codes. 12. Recipients shall be responsible for ensuring that all vehicles used in the transport of food prepared hereunder, are maintained in a clean manner. Such vehicles shall also be available for inspection by the agencies listed in paragraph 9 above. Recipient will implement any recommendations made by the agencies in paragraph 9 concerning transport vehicles. 13. The Preparer shall indemnify and save harmless New York State and Westchester County from any and all claim or claims whatsoever arising from or in connection with services rendered hereunder, including, but not limited to, claims resulting from poisoning caused by food pursuant to this agreement. 14. The Preparer's posting of a bond in the amount of one month's fees as security against default by the Preparer in the performance of its duties under this contract is hereby waived by the Recipient. -29- Page 72 of 346 ATTACHMENT 2(CONT'D1 REGIONAL KITCHEN AGREEMENT 1. The Preparer shall adhere to the provisions of the Civil Rights Act of 1964 and all amendments thereto, Executive Order 11246 and 11375 as supplemented by 41 CFR Part 60 and agrees not to discriminate against any individual on the basis of race, sex, color, creed, age, religion, disability , marital status or national origin. 2. The Preparer shall provide the Westchester County Department of Senior Programs and Services with a cost breakdown of the food provided by raw food, prepared food, transportation, and other costs attributed to the local project, as New York State Office for the Aging and Administration on Aging may request. 3. The Preparer shall submit billings to the Recipient at the end of each calendar month for the actual number of meals prepared and any additional food prepared and delivered at the request of the Recipients Site Manager during said calendar month. 4. The Recipient agrees to pay all amounts due on said billings within two (2) weeks of the receipt of said billings. 5. The Preparer agrees to retain records substantiating the basis for payment hereunder for a period of three(3)years following the final payment hereunder, and shall make such records available to representatives of the United State Department of Health and Human Services, the New York State Office for the Aging, the Westchester County Department of Senior Programs and Services and the Recipient. In the event one or more of the foregoing agencies commence an audit, or litigation or other action concerning the payments made under this contract, the Preparer shall retain such records until such audit, litigation or other action is concluded, or until expiration of the said three year period, whichever is later. 6. The Preparer may terminate this contract at any time during its term without cause by giving not less than sixty (60) days prior written notice to the Recipient of the intention to terminate this contract and the specific termination date. 7. This contract may be terminated by the Recipient on thirty (30) days written notice to the Preparer whenever such termination is in the best interest of the Recipient. The Preparer: - By: (Original Signature only) (Title) (Date) The Recipient: By: (Original Signature only) (Title) (Date) -30- Page 73 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022—2023 NSIP REPORTING REQUIREMENTS Without limiting the right of the County to require additional reports and unless otherwise specified in writing by the County, the Municipality shall furnish the following reports to the County Department of Senior Programs and Services prior to the tenth (10th)working day of each month unless otherwise noted: 1. Job description reports for personnel employed during the term of this Agreement. 2. Resumes of persons employed. 3. A report of personnel benefit policies, including wages, hours, vacation and all other leave time and fringe benefits shall be submitted to the County by the first day of the second month of the program. 4. Monthly time sheets of staff to be maintained for audit purposes. 5. Such accounts and documents as will serve to permit expeditious determination to be made at any time of the status of funds within the award, including the disposition of all monies received from the Municipality and the nature and amount of all expenditures claimed against such funds. 6. At the request of the County, the Municipality will submit a written report describing the methods used to satisfy the service needs of low income minority individuals, and 'Section 306(4)(B)(i)' older individuals who are residing in rural areas, have greatest economic or social need (with particular attention to low-income minority individuals and older individuals residing in rural areas), have severe disabilities, have limited English proficiency, have Alzheimer's disease and related disorders with neurological and organic brain dysfunction (and the caretakers of such individuals), and are at risk for institutional placement, all as specified in Section 306(4)(B)(i) of the Older Americans Act of 1965, as amended. 7. Monthly Reports of service(s) provided, recipient population characteristics, and expenditures for the program. 8. Claims for expenses incurred in the provision of said services, accompanied by such registration forms or other documentation necessary to support claims for said expenses. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -31- Page 74 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES MUNI9ALIT 2023 TITLE IIIC & 2022—2023 NSIP ++o+l- m4onec VOUCHERING SYSTEM FOR UNIT-COST CONTRACTS The Department of Senior Programs and Services (DSPS) will track and monitor Municipality's service deliveries on a monthly reporting basis through the NAPIS (PEERPLACE) system. Vouchers shall be submitted each month for each specific service based on the reporting measure approved by DSPS. The Vouchering System will reimburse Municipality based on the calculated performance percentage for either number of people served or number of units served. Funding for subsequent years will be based upon service delivery performance of the previous program year. 1. Claims will only be paid based on summary reports in the PEERPLACE system. The number of elderly served and units provided for each service each month must be entered into PEERPLACE each month. The PEERPLACE data must agree with the claim amount for that month and that particular service. DSPS program staff will monitor fiscal claims to ensure the number of units or persons reported for the month corresponds to the PEERPLACE data. 2. A hard copy PEERPLACE report or other electronic hard copy report on the number of units and people served must accompany each claim form. DSPS program staff will sign off on each claim prior to fiscal processing. Monthly payments will be made on a unit cost basis or a per person cost basis only. 3. Payment will be capped at 1/12 of the total allocation each month. At the end of the year, adjustments will be made to the final claim to address extreme cyclical periods. 4. Claims for unit cost reimbursement or per person cost reimbursement for the provision of said services, must be accompanied by such registration forms or other documentation necessary to support claims for said expenses. -32- Page 75 of 346 WESTCHESTER COUNTY MU,NICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 18w�of-�MAnta[M,e4. 2023 TITLE IIIC & 2022-2023 NSIP ELAN FOR AUDIT Describe the Municipality's plan for providing for an organization-wide audit no less than once every two years. If Municipality did not have an audit conducted during the preceding year it is required to have an audit conducted during the current year. An audit should cover the two preceding years, except in the case where audits are conducted annually. Audits are to be conducted in accordance with the "Guidelines for Financial and Compliance Audits of Federally Assisted Programs, and the Standards for Audit of Governmental Organizations, Programs, Activities and Functions." 1. When was the most recent audit conducted? -�- ZZ �--1 2. What time period was covered in the audit? 4. cAr'y Zo Z 2- becew.1,4r` 311 Z 3. Who conducted the audit? Name &Title o Ad/el-arc Name of Firm F R 6'rns_re1 CPAs, /�LLC 4. Was a copy of the audit forwarded to the Westchester County Department of Senior Programs and Services? lo•Oes () No- If NO, please do so. If Municipality will have an organization-wide audit conducted during the current year, describe below the plan for selection of an auditor, the period to be covered and the scope of the audit. If Municipality will not have an audit conducted during the current year, briefly describe below your future audit plans. -33- Page 76 of 346 WESTCHESTER COUNTY ' MUNICIPALITY/0 DEPARTMENT OF SENIOR PROGRAMS AND SERVICES I A it-i1./4 itst WO'tech_ 2023 TITLE IIIC & 2022-2023 NSIP ADVOCACY AND RELATED ACTIVITIES This category includes the monitoring, evaluation, and commenting on all policies, programs, hearings and community actions which affect older persons,the conducting of public hearings on the needs of older persons, the representation of the interests of older persons to public officials, public and private agencies and organizations, and coordinating planning with other agencies and organizations, to promote new or expanded benefits and opportunities for older persons. Advocacy is not a service cateaorv, but is inherent in all services provided to the elderly. Please describe specific plans for advocacy activities in this program year for your agency: 1144----5.,a-r 1/14 r<4,.../m.eck_ t....),1 f t" deg Vic -km. T-rdWeit 4)•rfel(A^ex-j--iliv) ASY.T4-inevt4 CV1A I re-('ern.-L WesdaiMe-r qm,-4-1 . C ose-02-i±t _t_tt-t 5,.....A di$44,-,,iosec_/1-. -r,r-n, ,JPS- il1rl Rfc -11'W'^rk...4_,tm o cte,..) _pawl Nti_e. -1 _,v, b,r I if frov,e(eme c k in aliffe r- i 1-- \ +y-Acc• ) Sc L a Yvie res4 +r,rs .4 64411sr seAntcs- 04, Li_.i)_< ..--"r.--6.4-4,• 4) 4braft9APc k. A lc 6 cef Es 6..4. cr,i --,,r,, (4,,,,,- evv-i P OntiS r -' 4 1 5 nek a n GM—56 ilk k i.)itSi 5' on hi I4 Ric a 7- cP 0 ebY-5- 131 fINg. Covnisivtli stc.) lfti (p Cesyt Fell r+ 11.4 vv. tJ11-1-- A VA 1( a si 6•1:11•,,c-~"Ce_c.. ci- cOv,„,t-4 riAt 1)3,0- (...Jiii, the i-is iidu-dAt.,i P.m C.te'S'1 - tde.9{-4,44ei rowii b e tt, td ca c kyr Pr - 5644 stel (Avvt• b-e(4, 61 Ilea ih. -Le c+c4.64e( Acta-0-1,k t ore,r, 4,4,.A- -f A -- .1c,k c 01-s At71-11,v, ((mil —Me it rrt 4,c5;.r. It.i41 k I- S — I-ft ct 4-.4.1 4- Ot.L., Ac, -6......„,, L. '-' ) As4e. 441 +eV 11 13 Ft_ 4 .4 (.4_ ,. . ,,...., re d .\s„ ,c 4 4--.).- k-kr,1,-( 9 17941.e a " rar a , Pe 5 de.e.5 .1 ce f-vi'u-- Oa L Q c t 1„11.4,41,4 ure et, -34- Page 77 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022—2023 NSIP EXECUTIVE ORDER 11246 1. The Municipality hereby certifies that it will comply with the equal opportunity clause contained in section 202 of Federal Executive Order 11246, as codified under 41 CFR 60-1.4, attached hereto 1 ay.x•nt 1/1( A4fA-d nt eek- Municipality Signature of Person Signing Agreement Date Title Name of Staff Person Designated to be the Affirmative Action Officer -35- Page 78 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP EXECUTIVE ORDER 11246 Cont'd During the performance of this contract, the Municipality agrees as follows: (1) The Municipality will not discriminate against any employee or applicant for employment because of race,color, religion, sex, sexual orientation, gender identity, or national origin. The Municipality will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex,sexual orientation, gender identity,or national origin. Such action shall include, but not be limited to the following: Employment, upgrading,demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Municipality agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Municipality will, in all solicitations or advertisements for employees placed by or on behalf of the Municipality, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Municipality will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Municipality's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Municipality will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor .The Municipality will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (5) In the event of the Municipality's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations,or orders,this contract may be canceled, terminated or suspended in whole or in part and the Municipality may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of (6) September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. -36- Page 79 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP MUNICIPALITY STAFFING INFORMATION MUNICIPALITY STAFF: Paid staff assigned to programs/services in this schedule. Job Descriptions must be submitted with schedule, unless they are already on file with WCDSPS. (Employees/staff are defined as those persons for whom W2 forms are maintained. Persons receiving 1099 forms are not, for the purpose of this document, to be listed as employees).© 1. Total number of paid staff: 2. Full-time paid staff(30 hrs. or more per week): 3 3. Part-time paid staff(less than 30 hrs. per week): 5- 4. Total number of paid staff 60 years of age or older: 7 5. Total number of paid female staff: S 6. Total number of paid disabled staff: 0 7. Total number of paid minority staff: 2 a. Number of paid American Indian/Alaskan Native staff: 0 b. Number of paid Asian/Pacific Islander staff: 0 c. Number of paid Black staff not of Hispanic origin): d. Number of paid Hispanic staff: I e. Number of paid minority staff that fall under two or more of the above minority statuses () Municipality Volunteers Assigned to Projects in this Schedule: Aged 60+ S Minority 0 -38- Page 80 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022-2023 NSIP EXECUTIVE ORDER 11246 Cont'd (7) the Municipality will include the provisions of paragraphs(1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Municipality will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Municipality becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Municipality may request the United States to enter into such litigation to protect the interests of the United States. -37- Page 81 of 346 SCHEDULE "D" Westchester County Vendor Direct Program Frequently Asked Questions 1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER(EFT) ASSOCIATED WITH THE VENDOR DIRECT PROGRAM? There are several advantages to having your payments automatically deposited into your designated bank account via EFT: Payments are secure—Paper checks can be lost in the mail or stolen,but money deposited directly into your bank account is more secure. You save time—Money deposited into your bank account is automatic. You save the time of preparing and delivering the deposit to the bank.Additionally, the funds are immediately available to you. 2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS THEY WERE BEFORE VENDOR DIRECT? Yes. 3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days. 4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND WHAT IT IS FOR? Under the Vendor Direct Program you will receive an e-mail notification two days prior to the day the payment will be credited to your designated account.The e-mail notification will come in the form of a remittance advice with the same information that currently appears on your check stub,and will contain the date that the funds will be credited to your account. 5. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED? Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check received. 6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK ACCOUNT ON THE DATE INDICATED IN THE E-MAIL? In the unlikely event that this occurs, please contact the Westchester County Accounts Payable Department at 914-995-4708. 7. WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted.Please contact the Westchester County Accounts Payable Department at 914-995-4708 and we will e-mail you a new form. 8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM,WHY MUST I HAVE IT SIGNED BY A BANK OFFICIAL IF I DON'T INCLUDE A VOIDED CHECK? This is to ensure the authenticity of the account being set up to receive your payments. 1 Page 82 of 346 Westchester County•Department of Finance•Treasury Division Authorization is: (d:edk one) Westchester Electronic Funds Transfer (EFT) 33 New OV.Cori3 ❑ Change Vendor Direct Payment Authorization Form o No Change INSTRUCTIONS: Please complete both sections of this Authorization form and attach a voided check. See the reverse for more information and instructions. If you previously submitted this form and there is no change to the information previously submitted,ONLY complete lines 1 through 6 of section 1. Section I-Vendor Information 1.Vendor Name: TOWN OF MAMARONECK 2.Taxpayer ID Number or Social Security Number. 1 13 16 10 10 17 1 3 10 12 3.Vendor Primary Address 740 W. BOSTON POST RD, MAMARONECK, NY 10543 4.Contact Person Name: Contact Parson Telephone Number: TRACY YOGMAN (914) 381-7850 5.Vendor E-Mail Addresses for Remittance Notification: tyogman@townofmamaroneckny.org 6.Vendor Certification: I have read and understand the Vendor Direct Payment Program and hereby authorize payments to be received by electronic funds transfer into the bank that I designate in Section Il.I further understand that in the event that an erroneous electronic payment is sent, Westchester County reserves the right to reverse the electronic payment.In the event that a reversal cannot be implemented, Westchester County will utilize any other lawful means to retrieve payments to which the payee was not entitled. 15 (, T Tracy Yogman — Comptroller 6/29/2023 _ Authoriz d Sig re Print Name/Rile Date Section II-Financial Institution Information 7.Bank Name: iPMorgan Chase Bank, N.A. 8.Bank Address: 925 Westchester Ave, Fl. 3, White Plains, NY 10604 9.Routing Transit Number. 10.Account Type: 0 1 2 I I i 0 10 0 I 0 1 2 11 (knock one) EP Checking Savings 11.Bank Account Number. 12.Bank Account Title: 428134535 13.Bank Contact Person Name: Telephone Number: Ed Muendell ,(914) 993-2264 14.FINANCIAL INSTITUTION CERTIFICATION(required ONLY if directing funds into a Savings Account OR if a voided check is not attached to this form): I certify that the account number and type of account is maintained in the name of the vendor named above. As a representative of the named financial Institution,I certify that this financial Institution is A CH capable and agrees to receive and deposit payments to the account shown. Authorized Signature Print Name I Title Date (Leave Blank-to be completed by I , Westchester County)-Vendor number assigned 1 Page 83 of 346 ; 1 , 1. 1 L.-— 1 t : , ; , I J 1_ IV PAt3E:1 OF 1 E VENDOR NUMBER VENDOR NAME CHECK NUMBER CHECK DATE CHEpk AMOUNT I. 2173 WESTCHESTER COUNTY 1000105 02/07/2023 $40.00 INVOICE DATE INVOICE NUMBER DESCRIPTION INVOICE AMOUNT 01/23/2023 01232023 - WC Fee for Processing X010-Matthew Harrigan $40.00 1 1 . f,. . ' g r 1 § -.., .7.4 -., A. . 1 — _ IF . .43/7 1?-1:7) d.........^ ........> a m *A E a .,, t„ ..._ ., . .... .. --. t. s.-- TOWN OF MAMARONECK . Vendor Number Chock Number Check Date • o ,...p.„ AGENCY FUND 1.mo 2173 1000105 02/07/2023 ',.--- 740 WEST BOSTON POST ROAD ' NOT VAUD AFtER BO DAYS z..S. ,,i • , -, MAN1ARONECK,NEW YORK 10543 % Forty Dollars And Zero Cents $40.0 A 4 g 2 Vi Pay To WESTCHESTER COUNTY F.,2The 04.1 -6,64.isti etf:4•••). .,'• ' ,- ; , 17,,Order OE WESTCHESTER COUNTYMP AUTHORIZED SidNATURE ..f.• gt 1 .1;141 4Ai«.11—tEL=:•— ..MP f. . ......AUTHORIZED.SOWITURE__,______. .._ _ _ Page 84 of 346 gm ri I nn n n no ily n innnn i e I- PR 141. c 4 511' r' g. .. 1 C LgI t. i :rt r[ 0 _t C • a. w `- jt ¢ . myI to v. 0 I C,y' m - .a o I!! z� la Z .. Qo- TOWN OF MAMARONECK o AGENCY FUND it 740 WEST BOSTON POST ROAD MAMARONECK,NEW YORK 10543 WESTCHESTER COUNTY WESTCHESTER COUNTY i i' ji'.• r pp,Y it 4 '1 T.,4,g, t r• 1 r�� U :r .t ,'i"' �j1Y. + '^ xf'' I :.,' ' 1i ip---4u i I-_ wf}'+''I- r7S -irir ,-$ /U ,t "L1 f=t .....i'/ ,.t t t .},L.y-�• �E11a e „:,. r • '� h {4y. "y P i}'f u .t.<liir'J n... i , r>S`S,i 7"tl �,�4...4k-v,v.t_oir : S 1 r d'.V' y� r•2„ ',A .x r r :�' Y;LT(f 7 1f `•y J' Y� V. '3� .7Y 1'7SI�� �r ti+ }y,' S� V1 c r!"3' „Y 4= aS,. .,A, S}ti}1 t'a: !, 'C"k.,'l. iL1:1 •1- I :Kt fyt9•�J L`1 r.+r. t� �^-•2'�+,x'st�.t'Zr rtr s •j; `,:t t-" .� �s. S.l a f;w.'w�.}`,. � ••,II1L', ` i l.'i7 X` ` T c.i' 3''."- a1. I . k`9 .t,=. 15,;-- ,x -r ?1L s r� `�• '"' `y _F O a {�} 1 - 1� e• j t 4r1 .4; ; -% k•4.'. j . '- .,.{. r • ''.. m„ r a.4.• . � _~. { itl •ry t / r g/�t�,,f•'J ,0f- a * Y,7 t• rr i•. Iti ,l a, , �H Lt s '/,. �; I>. c7 O 2 � al{� �, x / r t r` t 5h s.7x,+'G s y� r. rr.k ��' ,rYutS a. J '(r s. }�'w. ,"f�}•s l T'! A r I "l m c c �,,��!'��Yj '. ' ti7Ki..: Y 13,1 `.+5�'s.,IK!,!h 1 ,M.,,,. ,,, r3.Y r7tiz' „. .ts.•� •f!1rL1 • 7A",�Y tf, Sr;a. �I +� 1 y'�1 _y -, -A. `A. f'., :ty,(r'•r. :• •1•5‘, /.rit,A7r}i:•.1Z.�tsrk k 104 K x mil; •'1*1 li,7 g"gil."1 "?'�, 1 1 ? Si 1.rzs-• p. j, y��} ti, t yw a,ti,c 1. n:r�+t {x �. K s.ti t: * 1! • a r y r 'L i 4'•; " u�t `r-' fir: . 7`y-.r1lh'!a»Z. ", d ,Y 4 :;4 Yr„ lf{y i.i hr # V. y , y _ 2 m . Y 1.• -- 7.1 ,rf},}t !X�yM ,(.�5;4 S 'fb i/... ► )it...f •frt4-$ C 1.vT^►: S. .. %..a.Hy f•�..... �..;.�,.r1 t11. :.;sir h 2 an tMMo � 17. �T. 1 �!. �' L- ii 7. 'jy. O ' p ;„-• .A 11 .J ,.I r .*: '�/t{. t /L/v,,'', s 'V.pt 't'{r A,4 art ,, .-(''st:�ir 'i,.ti -(��;{i i r: ti � .G1�'a ti .T;r' g 0 - '1?4:,. i/" l ek ylkt 1''I tl f •I 4;-. J I f'�h ♦ r.,ANf • ;A..' u 'h`y� t .t s..F�•�i I ti f4f i s�. 0 i s A '::} A �r,F} 1A �(Ssi:: -;}. h ` '» r i . ',;;,.'. -r:e.-0}:7-' • .r�tf{.i.3.1lY 'tt-•••/•,+S.1,, e K rf.•-f..7 ."4`1 1-.7Y'p4. 'IS-'�A:.Y%'.1r•! '-IY. `f AS S Y'3. 1'1. 0 = , yr u ` i �, I... , 3: F•ryl^v "w::w��: x *".-i ;~.,r�.i .:r I.•:ve•-vsrl�r�'�r.Ill�Ys. z•i :,A•.r3:Y I p S IS.....`..r• 4r�'�n Zir.'v....i^''.,rv±: = 7; grs- o :A '3..". • • a 'Lt. six` ,r�,-fir^tL t.'��J: ?.4`' ,.%' "ttC !'. .,,r%-i:,„:,,,, ,e,, i i ..! i y in o .., !'I,,V J X;• '. 'A thu q.aug.T' 1Ttr t-,,i Y t s,f.�'► r ?a. i:.V l.. Y - e3. '- ),-A-. y:i•!. to ' y G'� " 1 11j+ }}� ,'p 1 fi}31''. d!•,-3 i..ti,,t -ftT ..ii..-(11 itc; i:. ii. i; ,."� {i :,..`,1:'7{ +i G�, -,��i::,,,.�f�4I' �1 to4:'I t. g s. t-Y•''r'1y / �• Y ”i it 'Al, :� �t�Kf 1c1..x"tf t�►a.. I 1. v1' t''rf tI "I,l-.{{of',. `. t Xvfk"7,�n r ��f! �4lP 4 C 7 'x::.aT N ','{S t.e. .lRrr'f J•h a IJ, k h.. �`FR h 1• ^i 'f h•.'✓ jll;;.Y p J.' E h.1 l► 1'( h m �n < .h Y,! 4 6.,/ t�.` �i._("'):... i'i • t) F,. rK } X..f. T ..'., I,L1Y :f. .(.�51�::-}Y th i'S+,LK 7?...rt'.7,9•GV- .1St, )r 7 ,''XX'/,\-t.: S. Sii"3.,i-gz, ..., w J ..„• ) I ..111a'•'� ,i �� 1VY�'...AC. /l+1'=.rA,r11"y,�1;7..t 'k• `1,-,49,.i"t':)%t`cFit,,'Y1,7•'ta..t% I Nl.7lY A. .,..1:i7I3 r, A..,,,,,".'a - a '.-I, x , ?er• .°-+� 'r .'1r,.l. 'sy-'4.--1, s".4.,• r rr x.i;r,t,tt tri i a IgtX Z ,:Ya,'S�t.).:t rs,...w,._,.. r '+r e..:I,i`/..z..r�. •, it'Ar '.:rt,:,3,;.Y�t d%i> a ti,,,fiL t:((`.�..y,.,-, 'Y; t.�.}yTy L V y"!_:i-r-d{. Ls"' e r**:'7 ,05. 1 C' ,(F'i li i3•ti n::.11. t 7tt, �r .!;..4 O V 4,• :{j .. Jk.. -a !i 7:'LTt7.K;.l..tt7r .,}r tAI,Vi r: 'r. r a..s.tiY. 'icy .•^r. r Ls,.•,Y. ti* syc� -;s. 'r 3 d ��,�j A1Iy� `:St r s t,>x;�{ 1�r ,. 1.• yell ,.. . S y ' l s.. :•{. ,..„ :,;1`x„.,�{�7.t;::si � 'f tit� `3?-.-,fig„`y't rk ji I,'"!/-'-'^ 'M :1• is ,MI.. :f It l t41. 1 tt',-• x/1$'1♦ ..11. "r1•x ,, 1,. a/•�%-J,ae�. ' if Sry_4 ;t/,„ it1`1,7 1, A: �'!it yp 'fil! ;R' vat r ,l:S.'� / t4 •i Q ".A}_K:�1h r•_ Sii�tc ,} • 'rah �* •. s i =`' y� ' �, !r (( rs? � I. 3'� YJt- �r: � 9A'r7S ��i,. A�Y'i"'17}Y+B, --rei" � , .. "1,'.lk KIs, Y• +„kK1,s,a."}r�n,i'1K•vc'3.40.6• t,nc.KS3, 1..,'91, eC.,t s,°•"}Y A.` tic..ii&mt'I; �>:Kvf'•� r r.i}t, ::}.-- :i, z 7t 'y, r�.irk`"�.YA 1;f,',.4$f=:•.;,1,4t1=4/213,.:...-Ivi.-1_,,,pi...,.,1-.2.ite.F. ' .�` 7�sc' 71.. '•, i':.h .l ti 1,'�'.• h Jl:i't3 9• 11 A w' ,`�•'^i ti fix. ,yr ",� v. r?�:=-� t 't � 'L�'a'�/-�ti � .,xk "" � - : 'tit !-'"'e ts.Sri I, t ' _ ♦ }z,z. .. / s_. x;• :j i t x! :Ft� t4"r �' h 4eir At , h ! r a l { rr r ti�ti+ Y�f x Y�t: �.4F is Fv�:u}K`'It . i 4'1f ra-a.., L,. ,e,. -t r,_ Y i-i x� ,tke'sgf. 1 �' .N72l.-�i . -7tJ.r 4. , tfi:i. e`-':�} 'x iv-i? `i k .• r:". . i�r 4► L, `s;••tY.�tY."L7 ..4 •1•ai' l 1}:. - Y .f."'r:?7.T.i Iti:.7f r{r7..r.1R Y."'S kt'�;71�^. .�y l'y�fll�?`Lr L,-," ♦ l-. > .-.1 41r: 1 '. t.y Q__de N011Vt1O183d11t 9IUS SIHI 3AOW32i ONV 3511333'0103 N3Hl g, ' Page 85fof 346 .Ji' IOW QI SID UI1h0 11,conic 7Af111M311 I. .- Westchester County•Department of Finance•Treasury Division Electronic Funds Transfer (EFT) Vendor Direct Payment Authorization Form GENERAL INSTRUCTIONS Please complete both sections of the Vendor Direct Payment Authorization Form and forward the completed form(along with a voided check for the account to which you want your payments credited) to:Westchester County Department of Finance, 148 Martine Ave, Room 720,White Plains, NY 10601, Attention:Vendor Direct. Please see item 14 below regarding attachment of a voided check. Section I-VENDOR INFORMATION 1.Provide the name of the vendor as it appears on the W-9 form. 2.Enter the vendor's Taxpayer ID number or Social Security Number as it appears on the W-9 form. 3.Enter the vendor's complete primary address(not a P.O. Box). 4.Provide the name and telephone number of the vendor's contact person. 5.Enter the business e-mail address for the remittance notification.THIS IS VERY IMPORTANT. This is the e-mail address that we will use to send you notification and remittance information two days prior to the payment being credited to your bank account We suggest that you provide a group mailbox(if applicable)for your e-mail address. You may also designate multiple e-mail addresses. 6.Please have an authorized Payee/Company official sign and date the form and include his/her title. Section II-FINANCIAL INSTITUTION INFORMATION 7. Provide bank's name. 8. Provide the complete address of your bank. 9, Enter your bank's 9 digit routing transit number. 10, Indicate the type of account(check one box only), 11.Enter the vendor's bank account number. 12.Enter the title of the vendor's account. 13.Provide the name and telephone number of your bank contact person. 14.If you are directing your payments to a Savings Account OR you can not attach a voided check for your checking account,this line needs to be completed and signed by an authorized bank official.IF YOU DO ATTACH A VOIDED CHECK FORA CHECKING ACCOUNT,YOU MAY LEAVE THIS LINE BLANK. NEW/CHANGE VEN EFF 9/68 3 Page 86 of 346 SCHEDULE "E" CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 1) In order to assure compliance with 2 C.F.R. Part 180, 2 C.F.R. Part 376, and other applicable law, the Municipality certifies that it, its principals, and affiliates (a) Are not presently disbarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any Federal department or agency; (b) Have not within a 3-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, including any violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) above; and (d) Have not within a 3-year period preceding this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default. 2) Where the Municipality is unable to certify to any of the statements in this paragraph, the Municipality shall attach an explanation to this certification. of Mak440“406it C(L Municipal Contracting Entity's Name Authorized Signature Name: Title: Date: 1 Page 87 of 346 SCHEDULE "F" Certification Regarding Drug-Free Workplace Requirements Grantees Other Than Individuals This certification is required by regulations implementing Sections 5151-5160 of the Drug- Free Workplace Act of 1988, 41 U.S.C. § 701, et seq. See 48 C.F.R. Subpart 23.5. The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and, (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and, (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: 2 Page 88 of 346 (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraph (a), (b), (c), (d), (e) and (f). ov-vt 4 I a v.44- r Ck. Organization Authorized Signature Title: Date: 3 Page 89 of 346 SCHEDULE "H" NEW YORK STATE OFFICE FOR THE AGING Contributions and Other Program Income Policy Page 90 of 346 SCHEDULE "G" CERTIFICATION OF RESTRICTIONS ON LOBBYING (Name and Title of Municipality/Subcontractor) hereby certify, to the best of my knowledge and belief, on behalf of k 0-U IA G Nr A rat-U.k. (Name of Firm) that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying efforts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed 31, U.S.C. § 1352. Any Form C-2 Continued person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Municipality,--TowkafawaraL , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Municipality understands and agrees that the provisions of 31 U.S.C. A 3801, et seg., apply to this certification and disclosure, if any. Signature of Municipality's Authorized Official Name of Municipality's Authorized Official Title of Municipality Authorized Official Date 1 Page 91 of 346 NEW YORK STATE OFFICE FOR THE AGING 2 Empire State Plaza, Albany, NY 12223-1251 Andrew M. Cuomo, Governor Greg Olsen,Acting Director An Equal Opportunity Employer PROGRAM INSTRUCTION Number: 18-PI-17 Supersedes: 81-TAM-III-B-6, 82-PI-III-17, 83-PI-III-B-35, 84-PI-6, 90-TAM-5, 90-PI-23, 92-PI-56, 92-PI-56, 03-PI-05, 14-TAM-01 Expiration Date: DATE: July 27, 2018 TO: Area Agency on Aging Directors SUBJECT: NYSOFA Contributions and Other Program Income Policy ACTION REQUESTED: Review this Program Instruction (PI) against local policies, procedures, and documents and make any necessary modifications to ensure that contributions and other program income received is appropriately solicited, collected, protected, and used to expand and support services. RESPONSE DUE DATE: There is no reply necessary at this time. However, Area Agencies on Aging (AAA) must comply with this policy. A review of local policies should be undertaken as soon as possible and appropriate corrective actions or policy enhancements must be made. PURPOSE: To ensure proper implementation of statutory and regulatory provisions for program income and to ensure that the necessary internal controls exist to properly account for and protect program income collected by the AAAs and their contractors. BACKGROUND: Section 315 of The Older Americans Act (OAA) deals with Consumer Contributions, i.e., Cost Sharing and Participant Contributions. Various laws and regulations, specifically including federal regulations at 45 CFR § 1321.67, state law at Section 214(4)(k) of the NYS Elder law, and state regulations at 9 NYCRR §§ 6654.5 and 6654.6, also impose requirements on program income. Page 92 of 346 I. Statutory and Regulatory References A. Section 315 of The Older Americans Act addresses consumer contributions, i.e., cost sharing and participant contributions. 1. Cost Sharing — Section 315(a) allows cost sharing for certain OAA-funded services provided that the state implements a cost sharing policy complete with a formal sliding scale to be used to determine each older person's share of the cost of the service. Section 315(a) also details several other requirements for a state implemented cost sharing policy including a provision that permits AAAs to request a waiver from the state policy. 2. Contributions -Section 315(b) of the OAA states that "Voluntary contributions shall be allowed and may be solicited for all services for which funds are received under this act provided that the method of solicitation is noncoercive. Such contributions shall be encouraged for individuals whose self-declared income is at or above 185 percent of the poverty line, at contribution levels based on the actual cost of services."AAAs and service providers may not means test for any service for which contributions are accepted or deny services to any individual who does not contribute to the cost of the service. OAA § 315(b)(4) requires AAAs to ensure that each service provider will: a) provide each recipient with an opportunity to voluntarily contribute to the cost of the service; b) clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary; c) protect the privacy and confidentiality of each recipient with respect to the recipient's contribution or lack of contribution; d) establish appropriate procedures to safeguard and account for all contributions; and e) use all collected contributions to expand the service for which the contributions were given and to supplement (not supplant) funds received under this Act. B. Federal regulations -45 CFR § 1321.67 imposes requirements on program income. C. NYS Elder Law § 214(4)(b)(3), as of the date of this policy's issuance, requires the NYSOFA Director to provide by regulation the requirements for any participant contributions and fee schedules used for community service projects and the manner for the accounting and use of any such revenue. Section 214(4)(k) requires NYSOFA to implement a cost sharing policy for in-home (housekeeping/chore and homemaking/personal care), ancillary, and non-institutional 2 Page 93 of 346 respite services provided under the Expanded In-home Services for the Elderly Program (EISEP). Section 214(4)(k) also requires cost share for EISEP-like in-home services and non- institutional respite services under the Community Services for the Elderly Program (CSE). NYSOFA regulations at 9 NYCRR §§ 6654.5 and 6654.6 impose requirements on program income under state funded programs. Section 6654.5 deals with participant contributions and Section 6654.6 provides program regulations for cost sharing called for under Section 541.4(k) of the NYS Executive Law. II. Definitions A. Program Income Income from sources other than federal or state grants. This would include, for example, private pay income and income from the sale of units to a Managed Long Term Care (MLTC) plan. This would not include fundraising, endowments, bequests or other gifts, or private grants. B. Types of Program Generated Income 1. Contribution — Unless specifically stated otherwise, the term contribution shall mean funds voluntarily paid to the AM or a contracted service provider by a service participant or their family member and/or caregiver at the time of or as a result of delivery of one or more services. 2. Cost Share -When used in this Program Instruction, unless specifically stated otherwise, the term cost share or cost sharing means a mandatory fee for in- home services, ancillary, or non-institutional respite services provided in accordance with EISEP standards. Such fees are based on the service recipient's income with allowances for factors such as housing expenses. 3. Sale of Assets Purchased with Grant Monies- Proceeds from the sale of assets that were originally purchased with grant funds and required matching funds. C. Terminology 1. Cash — Cash may refer to currency, checks, money orders, or a combination of any or all of the three. 2. Client—When used in this policy"client" will generally refer to the service recipient unless the term is somehow qualified to imply a different meaning. 3. Consumer—Consumer can be the service recipient or a family member or other caregiver. 3 Page 94 of 346 4. EISEP In-home Services, including consumer directed — Homemaking/personal care and housekeeping/chore services funded under the Expanded In-home Services for the Elderly Program (EISEP). 5. EISEP-like Services including consumer directed - Homemaking/Personal Care, Housekeeping/Chore, and non-institutional respite services funded under the Community Services for the Elderly Program (CSE). 6. Invoice —An itemized statement of services, which requires payment of a certain amount. 7. Payment(s) — Funds received by the AAA or contractor. Payments may be for contributions, cost sharing, or other purposes. 8. Service Provider—The AAA, a contractor of the MA, or a contractor of NYSOFA that administers programs to provide services to older New Yorkers and/or their families and other caregivers. III. Contributions A. General Standards 1. Contributions are not appropriate for all services. Those services for which there is normally a charge in the community should generate contributions. Other services may be inappropriate for the generation of contributions because they are typically free in the community (e.g., information and assistance or outreach). However, contributions can be accepted for all activities funded and/or operated by the AAA and for the general operation of the AAA and its contractors as well. Services for which contribution policies and procedures must be developed include: adult day services housekeeping/chore caregiver services legal assistance case management nutrition counseling congregate meals personal emergency response homemaking/personal care residential repair/renovation home-health aide shopping assistance home delivered meals transportation in-home contact and support assisted transportation health promotion AAAs can choose to develop contribution policies and procedures for other services as appropriate. 4 Page 95 of 346 2. Providers are not required to set either a suggested amount or a suggested range for contributions. Should the provider choose to set amounts, the suggested amounts should be based on the actual cost of services. 3. AAAs must consult with relevant service providers and older adults in the AAA's planning and service area to determine the best method for accepting contributions. 4. For OAA-funded programs, individuals whose self-declared income is at or above 185 percent of the poverty line must be encouraged to contribute at the actual cost of services. 5. Consumers of services must be informed of and provided with the opportunity to voluntarily contribute to the cost of the services funded by any program administered by or through NYSOFA. However, if the service recipient is required to cost share, no contribution shall be solicited for that service. 6. Caregivers can similarly be informed of the opportunity to voluntarily contribute. 7. Consumers of services must be informed of the purpose for and use of contributions (see Section VII of this policy). 8. No service recipient may be denied a service because of inability or unwillingness to contribute. 9. Periodic communications about contributions may be sent, with a frequency not to exceed once per month for the same service to the same client. 10.Providers are required to allocate contributions to expand the service for which it was given. 11.Contributions for multiple services received at one setting or in one continuous sequence must be accounted for with consideration for the program requirements of the program funding the services, the most predominant requirement being to expand services under the program that funded the original service. If the various services are funded under one program, e.g., CSE, the client may be advised to make one contribution for all services received. If the services are provided under more than one program, they must be accounted for separately by some means, e.g., color coded envelopes. If contributions are received for contracted services, and funding is provided under an Older Americans Act program, all contributions must be accounted for and utilized by the contractor that has provided the applicable service. Potentially, these requirements may make it difficult to account for 5 Page 96 of 346 contributions when multiple services are provided. AAAs are encouraged to discuss the more complex situations with their assigned program and/or fiscal NYSOFA staff. 12.When a special event (holiday party, picnic, etc.) is reported as a congregate meal all contribution requirements relating to a congregate meal must be applied to the special event. In addition, if federal and/or state funds (including county funds as match) are used to fund part or all of the event, all requirements specific to the funding stream(s) utilized must be followed. B. Establishing Suggested Contribution Amounts 1. The suggested amount for contributions may not exceed the cost of the service. 2. Actual costs must be considered in setting the suggested contribution level. 3. Recommended contribution amounts are to serve only as guides to service users and are not to be used in a coercive manner. 4. Service providers should not attempt to support the entire program from contributions. 5. AAAs must consider the income ranges of older adults in the AAA's planning and service area and the service provider's other sources of income when the AAA is developing a contribution schedule. 6. Suggested contributions may be either: a) Fixed or flat rate not to exceed the cost of the service (e.g., $3.00 per meal, $1.50 per trip or zone); or b) Sliding scale contribution. At the top of the scale, the suggested contribution would be set at the full cost of service for those with incomes of 185% or more of the Federal Poverty Level (FPL). In setting up schedules, be realistic about the maximum and minimum points of the scale. 7. Program/Service Specific Information. a) Congregate and Home Delivered Meals: Electronic benefit transfers (EBT) under the Supplemental Nutrition Assistance Program (SNAP) program may be accepted for Congregate and Home Delivered Meals contributions. b) Cost Share Services: 6 Page 97 of 346 Contributions cannot be solicited from an individual who pays a cost share for that specific service. C. Methods for Informing Individuals of the Opportunity to Contribute 1. Regardless of the medium used to relay the contributions request, AAAs should take the same care with all communications. These rules apply to any request for contributions. 2. Communications, electronic or otherwise, may include information concerning services and contribution policies and may request but not demand contributions from individual consumers. 3. When discussing contribution amounts, AAA or contractor staff may advise service recipients of the actual cost of the service, suggested contribution amount (if any), and the opportunity to make a voluntary contribution. Materials reflecting suggested contribution levels, e.g., sliding fee scales, service costs, etc., may be given to the client for guidance. 4. Great care must be taken in the development and use of statements of actual costs of services to ensure that they are not perceived as being coercive or resemble an invoice or bill in any way. 5. Any reference related to a suggested contribution amount that implies a fee, e.g. "you should pay," "you ought to be able to afford," or"your fair share is," is prohibited. 6. For those services for which contribution policies and procedures are developed, methods of informing participants include the use of letters, signs, and other materials. 7. Communications, printed or electronic, from AAAs and/or contractors specifically soliciting contributions, a) must meet the following requirements: i. Due recognition must be given to the source of the program funds, generally the US Department of Health and Human Services - Administration on Community Living (ACL) and/or NYSOFA. If other entities provide funding, e.g., County Government, it would be reasonable to give them due recognition also. ii. A statement that explains that contributions made as a result of receiving service(s) are completely voluntary and that services will not be affected because of an inability or unwillingness to contribute. 7 Page 98 of 346 iii. If a suggested contribution amount is included, it must be clear it is only a guide and, if participants choose to contribute, their contribution should reflect their own circumstances. However, individuals whose self-declared income is at or above 185% of the FPL shall be encouraged to contribute at the actual cost of services. iv. An explanation of the purpose for and use of contributions, and that all contributions are to be used to expand the service for which the contributions were given. b) may include: i. The amount of the suggested contribution for specific services. ii. Information on the full cost of the service. iii. A statement that a receipt may be provided for contributions made. c) must not include: i. Use of the word "donation" when referring to a "contribution." ii. Using the word "free" to describe a service which is funded under the Older Americans Act or the New York State Elder Law. iii. Language that suggests there will be any consequence because the client decided not to contribute. iv. Language that suggests that income is a factor in determining eligibility for a program. v. Any indication that the contribution will be tax-deductible. vi. Terms such as "amount due," "your fair share," or any other language that suggests the recipient is required to pay an amount. d) Written communications soliciting contributions may not be distributed more than once a month for the same service to the same client. 8. Signs. a) Signs may be used at the point of service (e.g., transportation, health promotion activities). b) When a sign is used, it must: 8 Page 99 of 346 i. State the voluntary nature, purpose, and use of contributions; and ii. Give credit to the funding sources, e.g., ACL, NYSOFA, the county, etc. c) A sign may state: i. The suggested amount of contribution; and ii. The actual/approximate cost of the service. d) For Congregate Nutrition Sites: i. Signs are required. ii. Signs must state the suggested amount of contribution, including the full cost of service and/or guest meal. IV. Cost Share- Under the EISEP and CSE programs - certain clients who receive EISEP or EISEP-like services other than case management must cost share according to the sliding scale developed by NYSOFA. Cost sharing policy is extensively documented in the EISEP standards and regulations and the cost sharing forms and income levels are updated on an annual basis. Therefore, this policy will only address cost sharing from the standpoint of proper accounting and safeguards for cash received. V. Sale of Assets Purchased with Grant Funds A. When selling or trading assets purchased with state or federal grant funds, the overriding principle is that the proceeds from the sale (i.e., income) will stay with the program where the funds to purchase the asset originated. B. If the program funding used to purchase the asset no longer exists, the proceeds from the sale must be used in other programs administered by the AAA or contractor that meet the same need or serve the same program area. C. If the asset was sold or traded-in to acquire a replacement asset, the replacement asset must be used for substantially the same purposes as the asset being disposed. D. The NYSOFA Equipment Inventory & Disposition Form is designed to account for the original funding for the purchase of the asset and to eventually document and account for the disposition of the asset. It also provides very good documentation for an agency's inventory purposes. A copy of this form can be obtained from the fiscal team at NYSOFA. 9 Page 100 of 346 VI. Confidentiality A. Program-generated income must be handled in a manner that protects the privacy and confidentiality of all individuals. Envelopes may be made available for participants to make contributions. They may be encoded to facilitate accounting for contributions by program or service, but not so that the contributor can be identified. B. Cost share income is not confidential as the payee's identity must be known by the AAA or its contractor so that proper accounting records can be maintained. However, the financial information known about the program recipient may never be used for any purpose other than calculating or collecting the required cost share amounts or determining eligibility for participation in other program(s). VII. Use of Income A. Expansion of Services. 1. All program-generated income must be utilized to expand or support services delivered under the program for which it is collected. a) For all Older Americans Act programs, contributions must be used to expand the services of the provider that collects the contributions. Under state programs and federal programs not regulated by 45 CFR § 1321.67 (i.e., not established under provisions of the OAA), service expansion must comply with item VII.A.1. above although not necessarily at the same service provider. b) One exception to this rule is cost share receipts collected under EISEP, which may be transferred to CSE and used to expand CSE services. 2. All program income must be utilized to expand or support services during the program period in which it is collected. If a service is provided during the 12th month of a program period and a contribution is received by the service provider in the first month of the subsequent program year, services must be expanded in the latter period. Program income may not be accumulated and used to form a fund balance. B. Use of Income as Match. 1. Income generated through the provision of services funded by Older Americans Act-funded programs may not be used for local matching purposes. 2. Contributions generated under CSE and EISEP can be used as a "match of last resort."The term "match of last resort" implies that without using these contributions as match, there are not sufficient local funds available to match the state grant, services to older New Yorkers would need to be curtailed, and state funds would go unexpended. When local funding is available to match l0 Page 101 of 346 CSE and EISEP, contributions may not be used as match. 3. Cost share receipts may not be used as local match under NYSOFA's current cost share policy. VIII. Safeguards for Program Income A. Except as provided in paragraph B below, all paid staff members, both AAA and contractor staff, who handle program income must be bonded with the exception of government employees (who are already covered) and attorneys providing legal services (who already operate under standards for client funds contained in the Rules of Professional Conduct, enforced by the Appellate Divisions of the Supreme Court). Bonding is insurance against the misappropriation of funds. Should there be a theft, the bonding company will cover the losses (subject to potential limits and deductibles) so that the programs for older adults will not suffer. Agencies can obtain a "Blanket Fidelity Bond"for all employees. Volunteers who jointly count program income with a staff member are not required to be bonded. A volunteer must never count program income without a bonded employee present. B. As an alternative to bonding, a provider may obtain a commercial insurance policy that would cover losses arising from employee theft. If a provider has an insurance policy covering for losses due to employee theft, fraud, or embezzlement, the AAA may accept such proof of insurance coverage as a substitute for bonding. If a provider seeks to use insurance as a substitute for bonding, the provider should be required to produce proof of such insurance to the AAA. The AAA is responsible for verifying that the insurance coverage is a comparable substitute for bonding of provider staff and is adequate to safeguard program income. C. After program income is initially counted and recorded on cash receipts logs (or ledgers), the fewest possible number of people must handle cash. Staff preparing cash receipts for deposit should count the cash and reconcile it to the cash receipt logs before preparing the deposit. Discrepancies should be explained and corrected. D. Program income must not be taken home. The entire amount of program income collected should be deposited in a bank on a daily basis. When this is not possible, funds must be stored in a secure location at the AAA or contractor office daily and deposited in a bank no less frequently than weekly. E. Under no circumstance will it be acceptable to make withdrawals or loans or cash checks from program income received. The entire amount of the program income collected must be deposited into a bank account and then used for the purpose intended, i.e., expansion or support of program and services. F. Periodic, but no less than monthly, reconciliations of cash receipt records (certifications of daily contributions and cash receipt logs), deposit slips and bank statements must be performed and any discrepancies investigated and explained to 11 Page 102 of 346 the AAA Director's satisfaction. When possible, the person performing these reconciliations should not be involved in collecting, counting, or depositing the program income. G. Records of program income received at congregate sites, on each meal and transportation route, and in the service provider or AAA office should be maintained and periodically analyzed. Irregularities should be brought to the AAA Director's attention. H. Variations in safeguards for handling different types of program income that is collected in different settings. 1. Contributions Collected in a Congregate Setting. a) Contributions must be deposited into a locked box by the program participant. For confidentiality purposes, envelopes may be provided to the participants. b) Congregate Meal staff/volunteers should not have access to the contents of the locked box other than to count contributions at the end of the meal service. Contributions must be jointly counted daily by at least two people, as described in VIII.A above. c) Each person counting the contributions must sign a form certifying the amount collected for each day. If contributions are received for services funded by more than one program (e.g., Ill-C-1 and WIN), the accounting system must capture the amount of contributions generated by each program. 2. Contributions Collected by Home Delivered Meal Route Drivers. a) Contributions must be deposited into a locked box. The deposit should be made directly by the service recipient when possible. When it is not possible or practical for the service participant to place the contribution into a locked box, the contribution should be given to the person delivering the meal in a sealed envelope that can be placed in the locked box upon return to the vehicle. The driver must not have access to the contents of the locked box. The locked boxes should be returned to the AAA or contractor at the end of each route. b) The locked boxes must be opened at the AAA or contractor and counted daily by two staff members when possible. Each person counting the program income must co-sign a form certifying the amount of cash counted for each day. If contributions are received for services funded by more than one program (e.g., III-C-2 and WIN), the accounting system must capture the amount of contributions generated by each program. 12 Page 103 of 346 c) When feasible, drivers should be rotated among routes. 3. Contributions Collected by Transportation Drivers. a) Contributions must be deposited into a locked box. The deposit should be made directly by the senior when possible. For confidentiality purposes, envelopes may be provided to the participants. The driver must not have access to the contents of the locked box. The locked boxes should be returned to the AAA or contractor at the end of each route. b) The locked boxes must be opened at the AAA or contractor's office and counted daily by two staff members when possible. Each person counting the program income must co-sign a form certifying the amount of cash counted for each day. If contributions are received for services funded by more than one program (e.g., Ill-B and CSE), the accounting system must capture the amount of contributions generated by each program. c) When feasible, drivers should be rotated among routes. 4. Contributions, Cost Share, and Other Income Received at AAA or Contractor Offices. a) Program income received through the mail or dropped off at AAA or contractor offices should be recorded in ledgers by the staff person receiving and opening the mail. Receipts should then be forwarded to appropriate staff for preparation for deposit. 5. Contributions Collected by Legal Services: In regard to the Legal Assistance Program, there are exceptions to some of the general requirements for contributions. These are: a) Bonding: Because all attorneys operate under standards for client funds contained in the Rules of Professional Conduct, enforced by the Appellate Divisions of the Supreme Court, it is considered unnecessary for the attorneys to obtain performance bonds. This should not be considered in any way to lessen the obligation to account for contributions; these funds should be treated in the same manner as client funds, and should be accounted for according to normal budgeting requirements. b) Daily counting of contributions: Because the provisions of the New York Rules of Court and the Rules of Professional Conduct are applicable to this area, daily reporting is considered unnecessary. 13 Page 104 of 346 c) In all other respects, the contributions policy for legal assistance must conform to the requirements of this policy on program income. I. Receipts shall be provided upon request of the service recipients or those acting on their behalf. IX. Accountability For All Program Income: An audit trail of all incoming program income must be maintained by program (e.g., Ill-B, Ill-C-1, CSE). Within EISEP and CSE, contributions and cost share must be accounted for separately. The ledger and supporting documentation (e.g., deposit slips, certified forms, etc.) must provide a clear audit trail so that at any given time it is known how much and what type of income has been collected from each program. Whenever possible, accounting records must be kept by someone not involved in handling cash receipts. X. Fundraising Activities A. Fundraising activities aimed at the general public are permissible and encouraged. However, as noted below, the cost associated with fundraising activities is not allowable under NYSOFA administered grant programs but the costs may be offset against the revenue derived from the fundraising activity. 1. 2 CFR § 200.442(a) applies to both municipalities and not-for-profit organizations. It states that"Costs of organized fund raising, including financial campaigns, endowment drives, solicitation of gifts and bequests, and similar expenses incurred to raise capital or obtain contributions are unallowable. Fund raising costs for the purposes of meeting the Federal program objectives are allowable with prior written approval from the Federal awarding agency. Proposal costs are covered in § 200.460 Proposal costs." B. Donations that are not received as a direct result of a delivery of a service may be used as appropriate under the laws governing their type of organization (i.e., Municipal Law or Not-for-Profit Incorporation Laws). These donations may come from fundraising activities or as an unsolicited gift. XI. Approval of Contractor Program Income Procedures - Procedures used by AAA contractors to implement these policies are subject to prior approval by the AAA. PROGRAMS AFFECTED: ►1 Title III-B ®Title III-C-1 ®Title III-C-2 ®Title III-D ®Title III-E ►� CSE ®WIN 0 Energy ® EISEP ® NSIP ❑Title V 0 HIICAP ❑ LTCOP ❑ NY Connects ® Other:Any NYSOFA program which generates Program Income CONTACT: Aging Services Representative 14 Page 105 of 346 SCHEDULE "I" NEW YORK STATE OFFICE FOR THE AGING STANDARD ASSURANCES ATTACHMENT A The 2023-24 ANNUAL UPDATE to the 2020-24 THE FOUR-YEAR PLAN April 1, 2023- March 31, 2024 Page 106 of 346 New York State Office for the Aging ATTACHMENT A The 2023-24 Annual Update to the 2020-24 FOUR YEAR PLAN STANDARD ASSURANCES April 1,2023-March 31,2024 1 Page 107 of 346 The Standard Assurances included in this 2023-24 Annual Update(hereafter collectively referred to as"Annual Update")shall be effective April 1, 2023. Standard Assurances Applicable to All Programs 1. Statutes, Regulations, and Policies: The area agency on aging (AAA) assures that all its activities under this Annual Update shall conform with all applicable Federal, State, and local laws, and with Federal and State regulations, and program standards and Program Instructions (Pis) of the New York State Office for the Aging (NYSOFA) that apply to such activities.Applicable laws include but are not limited to the following: Federal Statutes, Regulations, and Policies The Older Americans Act(OAA)of 1965, as amended (42 U.S.C. §3001, et. seq.) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) 2 CFR Part 376 (Nonprocurement Debarment and Suspension) 2 CFR Part 382 (Requirements for Drug-Free Workplace (Financial Assistance)— implementing 2 CFR Part 182) 45 CFR Part 75 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for NHS Awards) 45 CFR Part 80 (Nondiscrimination Under Programs Receiving Federal Assistance Through the Department of Health and Human Services Effectuation of Title Vi of the Civil Rights Act of 1964) 45 CFR Part 84 (Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance) 45 CFR Part 93 (New Restrictions on Lobbying, see 91-PI-05(01/24/91]) 45 CFR Part 1321, Subparts A-D (Grants to State and Community Programs on Aging) Age Discrimination in Employment Act of 1975, as amended (29 U.S.C. § 621, et seq.) Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101, et seq.)and implementing Federal regulations (28 CFR Parts 35 and 36) and 17-PI-21 [08/04/17]. Civil Rights Act of 1964,Title VI, as amended (42 U.S.C. §2000d, et seq.) Equal Employment Opportunity Act of 1972, as amended (42 U.S.C. §2000e, et seq.) Equal Pay Act of 1963, as amended (29 U.S.C. § 206) Hatch Act (5 U.S.C. § 1501, et seq., Political Activity of Certain State and Local Employees) Home Energy Assistance Act of 1981,as amended (42 U.S.C. §8621, et seq.) Rehabilitation Act of 1973, Section 504 (29 U.S.C. § 794, Nondiscrimination under federal grants and programs) 2 Page 108 of 346 Single Audit Act Amendments of 1996(31 U.S.C. § 7501, et seq.) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601, et seq.) Office of Management and Budget(OMB): OMB Circular A-102 (Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments)codified at 2 CFR Part 200 OMB Circular A-133 (Audits of State and Local Government and Non-Profit Organizations)codified at 2 CFR Part 200.500 Federal Executive Order 11246, as Amended by Executive Order 11375(Affirmative Action), as Amended by Executive Order 12086 (Consolidation of Compliance Functions),and as Amended by Executive Order 13279 (Equal Protection for Faith-Based and Community Organizations) Executive Order 13166(Improving Access to Services for Persons with Limited English Proficiency) HHS Grants Policy Statement(U.S. Department of Health and Human Services) https://www.hhs.gov/sites/default/files/grants/1rants/policies- reaulations/hhsgps107.pdf State Statutes, Regulations, and Policies New York State Elder Law New York State Office for the Aging Rules and Regulations (9 NYCRR Parts 6651, 6652, 6653, 6654, 6655, and 6656) Executive Law,Article 15(Human Rights Law) Executive Law,Article 7-A (Solicitation and Collection of Funds for Charitable Purposes) All NYSOFA Pls (httpsi/aaina.n v.aov/ProvidersandStaff/lssuances/lssuances.cfm) 2. Program Implementation: The AAA identified in this Annual Update has the authority and the responsibility for effective implementation of Title III of the Older Americans Act (OAA), Community Services for the Elderly (CSE), Expanded In-Home Services for the Elderly Program (EISEP), Congregate Services Initiative (CSI), Wellness in Nutrition (WIN), State Transportation Program, Health Insurance Information Counseling and Assistance Program (HIICAP), Unmet Need, and Caregiver Resource Center (CRC) programs This AAA agrees to carry out directly or through contractual or other agreements, programs in its planning and service area(PSA)as detailed in this Plan, and in its Title III-B, Title III-C,Title III-D, and Title III-E, EISEP, CSE, CSI, WIN, State Transportation Program, HIICAP, Unmet Need and CRC Applications for Funding (Applications). 3. Changes to this Annual Update: The AAA assures that it shall submit for approval to NYSOFA necessary documentation for changes, additions, or deletions to this approved Annual Update, and the Title III-B, Title III-C, Title III-D, Title Ill-E, EISEP, CSE, CSI, WIN, 3 Page 109 of 346 State Transportation Program, HIICAP, Unmet Need, and CRC Applications. 4. Utilization of Funding: The AAA understands and agrees that it shall apply only for funds which are necessary to meet the specific needs of older adults and caregivers within its PSA for the next year and understands that NYSOFA will not award any funds which cannot be so utilized. 5. Approved Costs, Budget Modifications: A. Expenditures:The AAA agrees that expenditures shall be made only for authorized items of expense contained in the budget section of the approved Applications. Cost overruns for an individual budget category for authorized items of expense are allowed up to both $1,000 and 10%of the budget category if the total costs do not exceed the total amount of the grant. When expenditures in excess of$1,000 for items not previously budgeted (e.g.,equipment,personnel,or contractor items)become necessary,the AAA shall submit a written request to NYSOFA and await NYSOFA approval before making such expenditures. If costs for an individual budget category exceed the budgeted amount by both $1,000 and 10%, a budget modification must be approved in writing by NYSOFA before these costs will be reimbursed. (See 05-PI-09[6/15/05]). B. Equipment Disposition: If equipment costing $1,000.00 or more is purchased with any Federal or State funds under this Annual Update,and the equipment is no longer needed for activities supported by such programs, NYSOFA reserves the right to select a recipient for and approve the transfer to such recipient of such equipment,which must be used for services to older adults and caregivers. 6. Vouchering: The AAA agrees that state vouchers submitted for reimbursement of expenses incurred in the conduct of this agreement will not include any expenses which have been, or will be, reimbursed from other sources(e.g., other federal or state funds). The AAA shall file claims for all payments on a timely basis in accordance with procedures promulgated by NYSOFA. The AAA agrees to accept payments electronically as required by New York State (NYS) for expenses incurred and will enroll in the Office of the State Comptroller (OSC) electronic payment program, unless a request for Exemption from Electronic Payment is approved by NYSOFA. 7. Access to Records: The MA agrees to maintain appropriate programmatic and fiscal records for the programs included under this Annual Update. Such records must be retained for six years after receipt of final payment. Authorized representatives of the Administration for Community Living(ACL),OSC or an authorized representatives and staff of NYSOFA shall have access to and right to examine all books, documents, and all pertinent materials of the AAA related to the programs included under this Annual Update. In addition, the AM shall provide access to other federal and state governmental agencies at the request of NYSOFA. 8. Indemnification: The AAA agrees to hold NYSOFA and NYS harmless and indemnify it from liability for actions the AM takes under this Annual Update. In the event any claim is made or any action is brought against NYSOFA or NYS, arising out of negligent or careless acts or any neglect, fault or default of an employee, agent, independent contractor, trustee or volunteer of the AM, either within or without the scope of his/her employment or scope of authority, or arising out of the AAA's negligent performance, NYSOFA shall have the right to withhold further payments for the purpose of set-off in sufficient sums to cover the claim or action and accompanying litigation costs. The rights and remedies of NYSOFA provided for in this Standard Assurance shall not be exclusive and are in addition to any other rights and 4 Page 110 of 346 remedies provided by law or under this Annual Update. 9. Personal Client Information: The AAA agrees that personal information relating to individuals who apply for or receive services pursuant to this Annual Update shall be kept confidential by the AM and shared on a need-to-know basis only with AAA and contractor staff for purposes of providing programs and services. Such information can be shared with entities outside those involved in delivering programs and services only with the informed consent of the individual served or pursuant to a court order or when there is deemed to be actual and immediate danger to the health or welfare of the individual. 10.Contracts: 10.1 AAA Responsibilities for Contract Administration. A. Minority and Women Owned Business (M!WBE) Contracts: The AAA assures that it will comply with all federal, state, and local laws regarding opportunities for minority owned/operated and women owned/operated organizations. B. Service-Disabled Veteran-Owned Businesses(SDVOB)Contracts: The AM assures that it will comply with all federal,state,and local laws regarding opportunities for service- disabled veteran-owned businesses(SDVOB) organizations. C. Technical Assistance: The AM shall provide technical assistance and information in a timely manner to all contractors. D. Contract Approval: The AM shall enter into formal contracts in accordance with the Contractor Roster contained in this Annual Update. All contracts shall be written in accordance with federal, state, and local standards and a copy of the fully executed contract (including budgetary information) shall be forwarded to NYSOFA no later than thirty(30)days after the execution date of the contract.The AM shall maintain contracts for all contractors as well as supporting documentation for all vouchers from contractors in accordance with the Section 7,Access to Records. herein. The MA when contracting with a business entity(rather than a non-profit organization)for the delivery of OAA and/or CSE services shall comply with the review process established by NYSOFA. E. Contract Monitoring: The AAA shall monitor its contractors to ensure that contractors perform in accordance with the requirements of federal, state, local laws and regulations, and guidance documents (including AoA/ACL and NYSOFA Pls, Technical Assistance Memoranda, and Information Memoranda) and this Annual Update and make expenditures only for authorized items of expense contained in the approved budgets.The AAA shall further ensure that if and when other than authorized expenditures become necessary, the contractor shall request and await AAA approval before incurring such expenditures. The AAA shall make any necessary budget modifications and shall submit a copy to NYSOFA within 30 days of Its effective date. F. Funding Limitations:The AAA may enter into a contract that extends beyond the renewal date of an Application. In entering into a contract beyond the renewal date of an Application, the AAA should not make a commitment that may exceed the next year's annualized funding level, and the contract must state that It is contingent upon the provision of funding to the AAA in the subsequent year. G. Data and Programming: The MA assures that any service, product, report, or other 5 Page 111 of 346 information generated by a computer or otherwise supplied under this Annual Update provided by the AAA to NYSOFA, or other state or federal agencies shall, when used In accordance with supplied documentation, be able to accurately process date/time data (including,but not limited to,calculating,comparing,and sequencing)transitions,including leap year calculations. Any services or products purchased with funds under this Annual Update shall come with a warranty that those services shall be provided in an accurate and timely manner without interruption, failure, or error, due to inaccuracy of the service's or product's operations in processing date/time data (including but not limited to calculating, comparing, and sequencing)various date/time transitions including leap year calculations. The supplier of such services shall be responsible for damages resulting from any delays, errors or untimely performances resulting therefrom, including but not limited to the failure or untimely performance of such services. I-i. Conformance with This Annual Update: The AAA agrees that all contracts, including contractor's subcontracts, funded under this Annual Update shall contain a provision that the work will be performed in accordance with the terms of this Annual Update,and further agrees to make such Annual Update available to its contractor for such purposes. I. Integrity and Public Purpose: The AAA shall maintain the integrity and public purpose of services provided, and service providers, under the OAA in all contractual and commercial relationships. J. Disclosure of Contractors and No Diminishment of Services: The AAA shall: 1) disclose to the Assistant Secretary of the AoA/ACL and the Director of the State agency: a) the identity of each non-governmental entity with which such agency has a contract or commercial relationship relating to providing any service to older adults;and b) the nature of such contract or such relationship; 2) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under the OAA by the AAA has not resulted and will not result from such contract or such relationship; and 3) demonstrate that the quantity or quality of the services to be provided under the OM by the AAA will be enhanced as a result of such contract or such relationship. K. Use of OAA Funds: The AAA agrees that funds received under the OM shall not be used to pay any part of a cost(including an administrative cost)incurred by it to carry out a contract or commercial relationship that is not carried out to implement the OM. L. Receipt of OAA Services: The AAA agrees that preference in receiving services under the OM shall not be given by such agency to particular older adults and caregivers as a result of a contract or commercial relationship that is not carried out to implement the OAA. M. Focal Points:The AAA shall specify, in grants,contracts or agreements implementing the Annual Update, the identity of each focal point so designated. 6 Page 112 of 346 N. AAA Funding Liability: The AAA assures that its contracts with providers shall provide that all payments to be made thereunder are subject to the availability of federalstate funds and the AAA shall have no liability under the contract beyond the amounts available under adopted federal and state budgets. O. Record Maintenance:The AAA will require all contractors to maintain records and make reports in such form and containing such information as may be required by the AAA and NYSOFA. The AAA will require all contractors (including contractor's subcontractors) to comply with the provisions of the above Section 7 Access to Records, to maintain such accounts and documents as will permit expeditious determination to be made at any time of the status of award funds, including the disposition of all monies received from the AAA and the nature of all expenditures claimed against such funds. P. Targeting:The AAA shall undertake a leadership role in assisting communities throughout the planning and service area to target resources from all appropriate sources to meet the needs of older persons with greatest economic or social need, including low income minority individuals, individuals with limited English language proficiency and older adults residing in rural areas. Such activities may include location of services and specialization in the types of services most needed by these groups to meet this requirement. However, the area agency may not permit a grantee or contractor under this part to employ a means test for services funded under this part. For purposes of this assurance the term "means test"is defined as an eligibility determination for a program or for services based upon an individual's or family's Income and/or assets. 10.2 AAA Contract Requirements. A. AAA assures that its contracts with providers of services shall include, and that its contractors will include in any subcontracts, the following provisions in addition to the provisions specified in B below: 1) Targeting. The Contractor,,to the extent it has discretion regarding to whom it will provide services,agrees to provide services to those unserved and underserved older adults in greatest social or economic need, particularly those who are low income, low income minorities,older adults with limited English proficiency, Native Americans, and frail/persons with disabilities and older adults residing in rural areas in accordance with their need for such services, and to meet specific objectives established by the AAA for providing services to the above groups within the PSA. The Contractor agrees to concentrate the services on older adults in the targeted populations identified by the AAA following the methods the AAA has established for complying with the targeting requirements under the OM and the Equal Access to Services and Targeting Policy issued by the NYSOFA(See: 12-Pl-08[07/17/2012]). 2) Language Access. The Contractor shall inform persons with limited English proficiency of the availability of language assistance, free of charge, by providing written notice of such assistance In a manner designed to be understandable by limited English proficiency persons at service locations and,at a minimum, have a telephonic interpretation service contract or similar community arrangement with a language interpretation services provider of their choice. The Contractor shall train staff that have contact with the public in the timely and appropriate use of these and other available language services. 7 Page 113 of 346 3) Contributions. The Contractor shall provide participants an opportunity to voluntarily contribute to the cost of the service received,as appropriate. The Contractor shall use all collected contributions to expand the service for which the contributions were given to supplement the funds received under the OAA. 4) Client Needs.The Contractor shall assist participants in taking advantage of benefits under other programs. 5) Non-duplication.The Contractor assures that the services it provides are coordinated and do not unnecessarily duplicate services provided by other sources. B. AAA assures that its contracts,and its contractor's subcontracts shall include the following provisions: 1) Reporting. The Contractor shall provide the AAA with timely information needed to satisfy reporting requirements as specified by NYSOFA; 2) Record Retention and Accessibility.The Contractor agrees to maintain appropriate records and to retain them for six years after final contract payment is made. The Contractor agrees to provide access to all books, documents, and all pertinent materials related to the contract for examination to authorized representatives of the AoA/ACL, OSC or their representatives, and staff of NYSOFA and/or of the AAA. 3) Confidentiality. The Contractor agrees that, to the extent it or its subcontractors, if any, maintains personal information relating to applicants or recipients of services pursuant to the contract,such information will be kept confidential and shared with the AAA; or with other entities upon the informed consent of applicant, recipient or an authorized representative of the applicant or recipient; or as required by federal or state laws. 4) AAA Funding Liability. Payment to the Contractor is subject to the availability of federal/state funds and the AAA shall have no liability under the contract beyond the amounts available under adopted federal and state budgets. To the extent that the contract extends beyond the renewal date of AAA's Application, it is contingent upon provision of funding to the AAA in the subsequent year. 5) Conformance with AAA Area Plan. The Contractor agrees that it and any subcontractors will perform such work in accordance with the terms of the Annual Update. The AAA agrees to make the Annual Update available to the Contractor. 6) Warranty for Data and Programming. The Contractor warranties that services shall be provided in an accurate and timely manner without interruption, failure, or error, due to Inaccuracy of the service's or product's operations in processing date/time data (including but not limited to calculating,comparing, and sequencing)various time/date transitions including leap year calculations. The Contractor accepts responsibility for damages resulting from any delays, errors or untimely performances resulting therefrom, including but not limited to the failure or untimely performance of such services. 7) Responsibility. The Contractor certifies that,to the best of its knowledge and belief, It is and will remain in compliance with 2 CFR Part 376-Nonprocurement Debarment and Suspension,concerning public(federal,state,or local)transactions. If necessary, 8 Page 114 of 346 the Contractor will submit an explanation of why it cannot provide this certification. 8) Subcontracts. 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 and subcontractor staff. Nothing in the subcontract shall impair the rights of the AAA under this contract or the Area Agency Plan as approved by NYSOFA. 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. 10.3 AAA Contract Requirements for OAA Title Ill Programs. The AAA agrees to include the following provision in its contracts for OAA Title III programs and services: The Contractor agrees that for programs established and funded in whole or in part pursuant to Title III of the Older Americans Act, Contractor shall: specify how it intends to satisfy the service needs of low-income minority individuals,older adults with limited English proficiency, and older adults residing in rural areas in the area served by it;to the maximum extent feasible, provide services to low-income minority individuals, older individuals with limited English proficiency, and older adults residing in rural areas in accordance with their need for such services; and meet specific objectives established by the AAA, for providing services to low- income minority individuals, older adults with limited English proficiency, and older adults and caregivers residing in rural areas within the planning and service area. 11.Responsibility: The AAA certifies that, to the best of its knowledge and belief, it is and will be in compliance with 2 CFR Part 376, regarding non-procurement debarment and suspension concerning public (Federal, State, or local) transactions. If necessary, the AAA will submit an explanation of why it cannot provide this certification. 12.Due Recognition: The AAA agrees that any program, public information materials, or other printed or published materials on the work of or funded by these programs shall give due recognition to NYSOFA and as appropriate AoA/ACL, limited to the extent applicable. 13. Rights to Materials: AAAs agree that ail materials developed by the AAA or its contractors in connection with programs funded under this Annual Update shall be the property of NYSOFA. NYSOFA also reserves the right to copyright all such materials,the exclusive right to reproduce, publish or otherwise use,and to authorize others to use these materials,subject to any restrictions in federal laws and regulations. 14.Public Information: The AAA shall provide for a continuing program of public information specifically designed to assure that information about programs and activities carried out under this Annual Update is effectively and appropriately disseminated throughout the PSA. The AM shall provide Information to the public upon request. The AM shall make public Information available in the primary languages of the client populations, where appropriate. Public information must also be made accessible to persons with disabilities, including those with hearing and vision impairments. 15. Limited English Proficiency: The AAA agrees to comply with 12-PI-08 (7/17/12], and in each PSA in which a substantial number of older adults and caregivers of limited English proficiency reside, the AAA shall: 9 Page 115 of 346 A. utilize in the delivery of outreach services under Section 306(a)(2)(A) of the OAA, the services of workers who are fluent in the language spoken by a predominant number of such older adults and caregivers who are of limited English proficiency and B. designate an individual employed by the AAA, or available to such AM on a full-time basis, whose responsibilities will include: 1) taking such action as may be appropriate to assure that counseling assistance is made available to such older adults who are of limited English proficiency in order to assist such older adults and caregivers in participating in programs and receiving assistance under the OAA; and 2) providing guidance to individuals engaged in the delivery of supportive services under this Annual Update to enable such individuals to be aware of cultural sensitivities and to effectively take into account linguistic and cultural differences. 16. Propriety of Services: With regard to any activities/services it supports, sponsors, or provides under this Annual Update,the AAA shall: A. Refrain from using funds to advance any sectarian effort and ensure that any services to be provided under this Annual Update shall be secular in nature and scope and in no event shall there be any sectarian, partisan, or religious services, counseling, proselytizing, instruction, or other sectarian, partisan, or religious influence undertaken in connection with the provision of such services; B. The AAA will provide equal participation, services, activities, and informational sessions without regard to partisan affiliation; C. Refrain from using funds to advance any partisan candidate or effort; however, the AM shall ensure that its providers, including senior centers and facilities, grant equal access to candidates regardless of policy views or party affiliation, consistent with 02-PI-1 9 [9/24/02); D. Refrain and prevent the use by others under its control of official authority, influence, or coercion to interfere with or affect elections or nominations for political office; E. Refrain from and prohibit any others receiving funds under this Annual Update for services or activities for older adults from attempting to coerce or advise other persons to contribute anything of value to a party, committee, organization, agency or person for political purposes, nor engage in any other partisan activities under its auspices; F. Conduct periodic evaluations and public hearings on activities carried out under the Annual Update. In addition, the MA assures that it has held a public hearing on this Annual Update in an accessible location, as required by NYSOFA regulations and has submitted the Annual Update to its Advisory Council for review and comment prior to submission to NYSOFA; G. Be an advocate for older adults in Its PSA and monitor, evaluate and comment on all policies, programs, hearings, and other community actions which will affect older adults; its efforts shall include planning, Information sharing, coordination, interagency linkages, monitoring, and evaluation to achieve a comprehensive, community-based system for 10 Page 116 of 346 serving older adults and caregivers; H. Identify and support (i.e., provide technical assistance, counseling) public and private nonprofit entities Involved in the prevention, intervention, and treatment of elder abuse and determine the need for such services; I. Conduct internal monitoring of directly provided services and monitoring of contracted services. At a minimum, the AAA must conduct at least one on-site monitoring of each contractor every year. Such monitoring shall include ensuring that contractors comply with all applicable statutes, regulations, policies, and standards, including the non-discrimination requirements, in their provision of services to the client population. (See 99-PI-20, [8/5/99].) In the event that the contractor has subcontracted the provision of direct services to another entity, the AAA will monitor such direct provider to assure compliance with applicable laws and standards. 17. Equal Access to Services and Targeting: 17.1 Equal Access. A. AAA agrees to comply with requirements for equal access to programs and services funded under the OAA and NYS law. Equal access includes language accessibility, nondiscrimination, and concentration of services on target populations as required in the OAA, NYS regulations, other relevant laws and NYSOFA policies. AAA agrees that it will not, based on age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity of expression, military status, sex, disability, sex (gender),predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, arrest or conviction record, or religion, exclude any person from participation in; deny the benefits of; or subject any person to discrimination, under any program or activity receiving federal financial assistance. B. With regard to any activities/services it supports, sponsors, or provides under this Annual Update,the AAA shall serve any older adults and caregivers and ensure equal access for participation, services, activities, and informational sessions without regard to Age, Race, Color, Creed, National Origin, Sex, Disability, Sexual Orientation,Marital Status, Familial Status, Military Status,Arrest or Conviction Record, Predisposing Genetic Characteristics or Victims of Domestic Violence. C. AAA agrees to examine the services it provides, identify any need for services to those with limited English proficiency, and develop and implement a system to provide those services so persons with limited English proficiency can have meaningful access in compliance with Federal Executive Order 13166. D. With regard to language accessibility, AAA agrees that it will: 1) Ensure that persons with limited English proficiency are informed at service locations of the availability of language assistance,free of charge, by providing written notice of such assistance in a manner designed to be understandable by persons with limited English proficiency. 2) At a minimum, have a telephonic interpretation service contract or similar community arrangement with a language interpretation services provider of their choice. 11 Page 117 of 346 3) Ensure all aging services staff with public contact are aware and trained in the timely and appropriate use of these and other available language services. 4) Report on the telephonic interpretation service which it has established in this Annual Update under the section entitled, °Demographic Data and Targeting Objectives.' as required in 12-PI-08 [07/17/12]. 5) Make available vital documents, as defined in 12-PI-08 [07/17/2012] translated into the languages spoken by a significant number or percentage of the population eligible to be served, or likely to be directly affected by the program/activity, for individuals in need of services or information in a language other than English for effective communication. E. The MA will comply with Section 504 of the Rehabilitation Act of 1973 (applicable to programs or activities that receive federal financial assistance) and Titles II (covering all services, programs, activities conducted by public entities) and III (covering private entities, including non-profits, that are considered places of public accommodation including, but not limited to health related offices and senior centers) of the Americans with Disabilities Act(ADA). AAA shall not discriminate against persons with disabilities in the provision of benefits or services or the conduct of programs or activities. The MA will require its contractors to likewise comply with Section 504 of the Rehabilitation Act of 1973 and Titles II and III of the ADA. 17.2 Targeting. The AAA will set specific targeting objectives and the methods to achieve the objectives, consistent with NYSOFA policy,for: A. providing services to older adults with greatest economic need (i.e., need resulting from an income level at or below the poverty line), older adults with greatest social need (i.e., need caused by non-economic factors, including physical and mental disabilities, language barriers, and isolation that restricts the ability of an individual to perform normal daily tasks or threatens the capacity of the individual to live independently), or older adults at risk for institutional placement; and B. providing services to low-Income minority older adults, older adults with limited English proficiency, and older adults and caregivers residing in rural areas. C. Include proposed methods to achieve the objectives described in items A and B immediately above. 18. Coordination of Services with other Government Programs:The AAA assures that those to be served under this Annual Update are not eligible to receive the same or similar services under Titles XVIII, XIX or XX of the Federal Social Security Act or any other governmental program and are not residents of adult residential care facilities who are receiving or are entitled by law to receive the same or substantially similar services from that facility, unless the AAA has in effect an agreement providing for reimbursement from the appropriate funding source for such services. 19.Licensure and Certification: The AAA shall ensure that where the state or local public jurisdictions require licensure or certification for the provision of services, the MA and its contractors, and contractor's subcontractors if any, providing such services under the 12 Page 118 of 346 approved Annual Update shall be so licensed or certified. Workers delivering services funded under this Annual Update must be appropriately qualified, selected, trained, and supervised. 20. Educational Opportunities: The AAA shall compile information on institutions of higher education in the PSA regarding courses offered to older adults and policies on enrollment and tuition and such other information as may be necessary to encourage such educational activities and make a summary of this information available to older adults at appropriate places. 21. Reporting: The AAA agrees to comply with the reporting requirements as set forth by NYSOFA. A. The AAA agrees to maintain any client and/or caregiver information that is collected and maintained for purposes related to an organization's responsibilities as a designated AAA or to programs and services provided under the auspices of NYSOFA, in the Client Data System designated for their use by NYSOFA. B. The AAA and its contractors will utilize a Minimum Data Set(MDS)compliant assessment tool for: 1) assessing or re-assessing older adults for personal care levels I and II, case management, home health aide, home delivered meals,consumer directed in-home services, and adult day/adult day health services, and 2) for obtaining data on these older adults for reporting purposes (See: 14-PI-02 [2/4/14]) C. In conducting the MDS-compliant assessment for the above-listed services, the AAA and its contractors will make every effort to complete the assessment and develop an appropriate care plan that includes formal and informal supports,during the initial visit with the older adult(s). If the assessment and care plan are not completed during the initial visit, these activities must be concluded within 6 working days of the initial visit. D. The AAA understands the necessity of submitting, through the mechanism provided by NYSOFA,timely and accurate CAARS and client-based data to NYSOFA for federal and state reporting purposes. The AAA assures that it will submit CAARS reports, and consumer-based data as specified by NYSOFA within twenty days following the end of each reporting period. Failure to provide data accurately detailing AAA program activity within the time frames in the NYSOFA reporting procedures may result in the withholding of payments. 22. Contributions: The MA agrees to comply with all NYSOFA policies and procedures related to contributions made by or on behalf of individuals, Including procedures to safeguard and account for all contributions including 18-PI-17 [07/27/18], NYSOFA Contributions and Other Program Income Policy. Individuals with self-declared incomes at or above 185 percent of the Federal Poverty Level will be suggested to contribute at levels based on the actual cost of services. 23.Funding Availability: The AAA agrees that all payments to be made under this Annual Update are subject to the availability of federal/state funds and NYSOFA shall have no liability to the AAA beyond the amounts made available in the federal and state Budgets. 13 Page 119 of 346 24.Terminations: A. Any programs and funding under this Annual Update may be terminated at any time upon mutual written consent of NYSOFA and the AAA. B. NYSOFA may terminate in whole or in part any programs and funding included in this Annual Update immediately, upon written notice of termination to the AAA,if the AAA fails to comply with the terms and conditions of this Annual Update as it pertains to such program or funding and/or with any laws, rules, regulations, policies, or procedures applicable to such programs. C. NYSOFA may also terminate in whole or in part any programs or funding included in this Annual Update for any reason in accordance with the following provisions: 1) NYSOFA shall have the right to terminate any or all programs or funding included in this Annual Update early for: (i) unavailability of funds; (ii)cause; (iii)convenience; or (iv)non-responsibility. 2) NYSOFA retains the right to cancel any programs included in this Annual Update, in whole or in part without reason provided that the AAA is given at least 60 days' notice of its intent to cancel. NYSOFA may only invoke its right to terminate for convenience provided that NYSOFA has given written notice to the AAA at least 60 days prior to the date of termination, unless NYSOFA has otherwise reserved the right to terminate at any time. This provision should not be understood as waiving NYSOFA's right to terminate the program for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. 3) The AAA shall make a full and final accounting of all funds received under all terminated program(s)within sixty(60)days of the termination notice. D. Written notice of termination,where required,shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice. E. Upon receipt of notice of termination, the AAA agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without written approval by NYSOFA. F. NYSOFA shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to any specific terms set forth elsewhere in this Annual Update. In no event shall NYSOFA be liable for expenses and obligations arising from the program(s)after the termination date. G. The procedures for termination as set forth in A through F herein are subject to the requirements under the OAA, and any other pertinent federal and/or state laws. 25. Native American Access to Services: The AAA agrees to pursue activities to increase access by older adults who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits under the OAA, If applicable. 14 Page 120 of 346 Standard Assurances Applicable to all Older Americans Act Funding 26.Title III Funding: In applying for and receiving funding under Title III-B, Title III-C, Title III-D and Title III-E of the OAA,the AAA understands and agrees that: A. Availability: The AAA shall apply only for funds based on the appropriate allocation schedules promulgated by NYSOFA as well as any unexpended (carry-over) funds previously awarded to the MA by NYSOFA. The AAA understands and agrees that carry-over funds may be awarded to the extent that these funds are incorporated into an approved application, provided that the requirements of 88-PI-17 [3/24/88] are met. If the AAA applies for more funds than a subsequent closeout shows as the final carry-over balance, the MA must submit a budget modification requesting a level of program expenditures which corresponds to the reduced federal funds. B. Area Plan Administration (APA): The AAA shall budget no more than 10% of the combined federal allocations(including carry-over)for Titles III-B,III-C-1,III-C-2, III-D,and III-E for APA. The amount of federal dollars expended on APA cannot exceed 10%of the combined federal expenditures for Titles Ill-B, Ill-C-1, III-C-2, III-D,and III-E. C. Matching Funds: The AAA agrees to provide a minimum 25% local matching funds for APA expenditures under Titles III-B, Ill-C-1, Ill-C-2, and III-E. The AAA agrees to provide a minimum 10% local matching funds for service expenditures under Titles III-B, Ill-C-1, and III-C-2. The AM agrees to provide a minimum 25% local matching funds for services expenditures under Title III-E. D. Audit: The AAA shall comply with the federal audit requirements per the 1996 amendments to the Single Audit Act, OMB Circular A-133 and the"Government Auditing Standards"and 2 CFR Part 200—Subpart F Audit Requirements. E. Directly Provided Services: In accordance with NYSOFA regulations (9 NYCRR § 6652.9), services can only be provided directly by an AM where NYSOFA grants approval.This approval will be granted only if the AAA demonstrates that provision of such service by the AAA is necessary to ensure an adequate supply of the service, or that the service is directly related to the AAA's administrative functions or that service of comparable quality can be provided more economically by the AAA. F. Advisory Council: The AAA shall establish an Advisory Council consisting of older adults, including minorities and rural residents, who are participants or eligible to participate in programs under the OAA, representatives of older adults, local elected officials,the general public and providers of health care and supportive services to advise the AAA in all matters relating to the development, administration, and operation of the Annual Update.The AM shall submit the Annual Update for review and comment to the advisory council before it is transmitted to NYSOFA for approval. Amendments that would result in major changes in organizational structure (e.g., mergers or consolidation) must be submitted to the AAA Advisory Council for review and comment prior to the submission to NYSOFA for approval. G. Service Coordination: The AM shall coordinate planning with other agencies and organizations, Native American Tribal organizations, and Native Hawaiian organizations to promote new or expanded benefits and opportunities for older adults. H. Intergenerational Day Care: If possible, the AAA shall arrange with organizations 15 Page 121 of 346 providing day care for children or adults and respite for families, so that older adults can assist in the delivery of such services to children, adults,and families. I. Outreach: The AAA shall conduct outreach efforts, and an annual evaluation of the effectiveness of these outreach activities, to identify and inform older adults eligible for assistance under the OM, with special emphasis on: 1) older adults residing in rural areas; 2) older adults with greatest economic need (with particular attention to low Income minority individuals including Native Americans and older adults residing in rural areas); 3) older adults with greatest social need (with particular attention to low-income minority individuals including Native Americans and older adults residing in rural areas); 4) older adults with limited English proficiency; 5) older individuals who are frail or with severe disabilities; 6) older adults with Alzheimer's disease or related disorders with neurological and organic brain dysfunction (and the caretakers of such individuals). 7) older adults at risk for institutional placement, specifically including survivors of the Holocaust. J. Information and Assistance: The AAA assures that it shall provide for the establishment and maintenance of information and assistance services in sufficient numbers to assure that all older adults within the PSA covered by the Annual Update shall have reasonably convenient access to such services. K. Services to Native Americans: If there is a significant population of older Native Americans in the PSA of the AAA, the AAA shall conduct outreach activities to identify older Native Americans in such area and shall inform such older Native Americans of the availability of assistance. L. Grievances: The AAA shall establish grievance procedures for older adults who are dissatisfied with or denied services under the OAA. Such procedures shall be in accordance with applicable NYSOFA Pls. M. Disabled Individuals: The AAA assures that it will coordinate planning, identification, assessment of needs and provision of services for older adults with disabilities, with particular attention to individuals with severe disabilities, with agencies that develop or provide services for individuals with disabilities. N. Transportation: The AAA shall identify the needs of older adults and describe the methods it will use to coordinate planning and delivery of accessible transportation services (including the purchase of vehicles) to assist older adults, including those with special needs, in the PSA. O. Disclosure of Spending: The MA shall, on the request of the Assistant Secretary of AoA/ACL or the Director of NYSOFA, for the purpose of monitoring compliance with the 16 Page 122 of 346 OAA(including conducting an audit), disclose all sources and expenditures of funds such agency receives or expends to provide services to older adults. P. Title VI: The AAA shall, to the maximum extent practicable, coordinate the services it provides under Title III of the OAA with services provided under Title VI of the OAA(Grants to Native Americans). Q. Case Management: The AAA assures that case management services provided under Title III of the OAA and/or state funded programs: 1) not duplicate case management services provided through other federal and state programs; 2) be coordinated with services provided through such other federal and state programs, and 3) be provided by: a) a public agency; or b) a nonprofit private agency that: (i) gives each older adult seeking services under this title a list of agencies that provide similar services within the jurisdiction of the AAA; (ii) gives each older adult described in clause (i) a statement specifying that the Individual has a right to make an independent choice of service providers and documents receipt by such individual of such statement; (iii) has case managers acting as agents for the individuals receiving the services and not as promoters for the agency providing such services;or (iv) is located in a rural area and obtains a waiver of the requirements described in clauses (i)through(iii). Standard Assurances Aoolicable to OAA Title III-B 27. In applying for and receiving funding under Title III-B of the OAA, the AAA understands and agrees to the following: A. Priority Services: The AAA will expend the required percentage of Title III-B funds, as established by NYSOFA for each of the three priority services categories(access,in-home and legal assistance)in PI 68-PI-47[7/22/88]. Waiver: NYSOFA, in approving the Title III-B application or amendment to such application, may waive the assurance of the above paragraph for any category of service for which the AAA demonstrates to NYSOFA that services provided from other sources meet the needs of older adults in the PSA for that category of service. If the AAA receives a waiver for any category of service,it must continue to spend for the remaining categories of services the percentage of AAA funds approved by NYSOFA. 17 Page 123 of 346 B. Legal Assistance Program: The AAA assures that it will enter into contracts with providers of legal assistance which can demonstrate the experience or capacity to deliver legal assistance and that it will attempt to involve the private bar in legal assistance activities authorized under Title III-B, Including groups within the private bar furnishing services to older adults on a pro bona and reduced fee basis. The AAA further assures that it will give priority to legal assistance related to income, health care, long-term care, nutrition, housing, utilities, protective services,defense of guardianship, abuse (including financial exploitation), neglect and age discrimination. AAA will not require any provider of legal assistance under Title III-B to reveal any information that is protected by the attorney-client privilege. C. Priority Service Reporting: The MA will report annually to NYSOFA, in detail, the amount of funds expended for each such category of priority services during the fiscal year most recently concluded. D. Service Coordination: The AAA will coordinate priority services with community Alzheimer's programs, coordinate mental health services provided with Title III-B funds with mental health services provided by community health centers and other organizations,and,if appropriate,conduct outreach to identify older Native Americans and inform them of availability of services. E. Nursing Home Diversion: The AAA will conduct efforts to facilitate coordination of community-based, long-term care services to defer inappropriate institutionalization for older adults who are at home, patients in hospitals, and patients in long term care facilities who could return home. F. Multipurpose Senior Centers: In regard to any multipurpose senior centers acquired or constructed using OAA funds, the AAA will ensure compliance with Sections 306, 311, and 312 of the OAA, NYSOFA regulations (9 NYCRR§6654.9),and 90-PI-36[6/19/901 Standard Assurance Applicable to OAA Title Ill-C (For additional Assurances applicable to Title III-C. see SA#27 &SA#30) 28.Title-III-C Funding for Access and Supportive Services: In applying for and receiving funding under Title III-C of the OAA, the AAA understands and agrees that Title III-C expenditures for supportive and access services shall only be funded with Title III-C contributions and that such expenditures by a Title III-C provider are limited to the amount of contributions generated by the provider. Standard Assurances Applicable to Title III-C and WIN (For additional Assurances applicable to WIN, see SA#36. For additional Assurances applicable to Title III-C, see SA#27&SA#29) 29. In applying for and receiving funding under Title Ill-C of the OAA and WIN, the AAA understands and agrees that: A. Special Dietary Needs: The AAA assures that the nutrition program in the PSA shall reasonably accommodate participants who have particular dietary needs arising from the health requirements, religious requirements, or culture/ethnic backgrounds of such participants. 18 Page 124 of 346 B. Outreach: It shall be the AAA's responsibility to identify and reach out to currently unserved and underserved individuals, including those from marginalized communities, who would be eligible for home delivered meals. C. Provider Organizations: The AAA, when selecting potential home delivered meal providers, shall give consideration where feasible to organizations which: 1) have demonstrated an ability to provide home delivered meals efficiently and reasonably;and 2) furnish assurances to the AAA that such an organization shall maintain efforts to solicit voluntary support and that the funds made available under Title III-C to the organization shall not be used to supplant funds from non-federal sources. D. Congregate Sites: Sites for congregate meals and comprehensive supportive services are located in as close proximity to the majority of eligible individuals' residences as feasible, with particular attention on a multipurpose senior center, a school, a church, temple or mosque, or other appropriate community facility, preferably within walking distance, and where appropriate,transportation to such site is furnished. E. Allowable Services: The AAA may only apply for and use Title III-C funds to provide meals and other services (i.e., nutrition counseling and nutrition education) directly related to nutrition services. The AAA may also use program income for supportive and access services to enhance the nutrition program.Such supportive and access services include outreach,transportation(Title III-C-1 only)Information and Assistance, In-Home Contact and Support (shopping assistance only), Senior Center/Recreation and Education (Title III-C-1 only), Assisted Transportation (Title III-C-1 only). Program income cannot be used for access and supportive services in amounts greater than what has been generated by program activity. Standard Assurances Applicable to Title III-0 30.Title lll•D: A. APA: No Title III-D funds shall be budgeted or expended for APA. B. Evidence-based: In accordance with 15-PI-18(10/22/15j,the AAA shall expend all Title III-D funding on evidence-based programs/interventions only. Standard Assurances Applicable to National Family Caregivers Support Program tNFCSP)Title III-E 31. National Family Caregiver Support Program (NFCSP): A. Comprehensive Support System: The AAA shall provide multifaceted systems of support services for family caregivers and older relative caregivers as these terms are defined in OAA§§302 and 372, respectively. B. Statutory Services: The caregiver program support services shall include each of five 19 Page 125 of 346 specific, statutory categories of caregiver services, with the amounts used to fund each service to be determined by the AAA, based on the needs of its particular caregivers.The AAA may meet this comprehensive service requirement by including services in its NFCSP program that meet Title III-E requirements,but that are funded from other sources. These required services are: 1) Information to caregivers about available services; 2) Assistance to caregivers in gaining access to the services; 3) Individual counseling, organization of support groups, and caregiver training to assist the caregivers in the areas of health, nutrition, and financial literacy and to help caregivers make decisions and solve problems relating to their caregiver roles and responsibilities; 4) Respite care services to enable caregivers to be temporarily relieved from their caregiving responsibilities; and 5) Supplemental services on a limited basis to complement the caregiver's efforts to provide care. A. Recipients of Respite and Supplemental Services: The AAA agrees that respite and supplemental services shall only be provided to older relative caregivers or caregivers of "frail" older adults as frail is defined in OAA § 102(22), that is, an older adult (60 and older) who is functionally impaired because the person is unable to perform at least two activities of daily living without substantial human assistance, including verbal reminding, physical cueing or supervision; or, an older adult who has a cognitive or other mental impairment that requires substantial supervision because the person behaves in a manner that poses a serious health or safety hazard to the person or to another person. B. Supplemental Services: The AAA may budget for and expend a maximum of 20%of Its final Title III-E funds (federal funds plus local match), plus any income generated by supplemental services for the provision of supplemental services. C. Use of Volunteers: Each AAA shall make use of trained volunteers to expand the provision of the available services and, if possible,work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants(such as organizations carrying out federal service programs administered by the Corporation for National and Community Service), in community settings. 32. Service Priority: The AAA shall give priority to the following individuals: A. Caregivers who are older adults with greatest social need, and older adults with greatest economic need,with particular attention to low-income older adults; B. Older Relative Caregivers providing care to individuals with severe disabilities, including children with severe disabilities, as defined in OAA § 102(48) which means a severe, chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that is likely to continue indefinitely and results in substantial functional limitation in 3 or more of the major life activities as specified in§ 102(13)which includes self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic self-sufficiency, cognitive functioning, and 20 Page 126 of 346 emotional adjustment; C. For family caregivers who provide care for individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction. 33. Maintenance of Effort: The AAA agrees to meet its applicable maintenance of effort requirement for Title III-E funds under this Annual Update as determined by NYSOFA and to not supplant the use of other funds available for NFCSP services, with the funding available under Title III-E. Standard Assurances Applicable to Caregiver Resource Centers 34.Caregiver Resource Centers (CRC) A. CRC Services: For AAAs receiving state funds for a CRC funded under NYS Elder Law §206,AM agrees to provide and enhance services to caregivers using these funds.The goal is to expand upon caregiver services and supports offered by the AAA.CRC services must be reported distinctly from other funds and in accordance with CRC definitions for caregiver service and supports. B. Materials Developed Under CRC: If the AAA has a CRC funded under NYS Elder Law § 206, AAA agrees that all materials developed by the AAA in connection with the CRC program shall be the property of NYSOFA. NYSOFA also reserves the right to copyright all such materials, the exclusive right to reproduce, publish or otherwise use, and to authorize others to use these materials. Standard Assurance Applicable to WIN (For additional Assurances applicable to WIN, see also SA#30). 35.In applying for and receiving funding under WIN, the AAA understands and agrees that: A. Separate Accounting: The funds provided under WIN shall be accounted for and reported separately from those received under other sources, including Title III-C. B. WIN Services: The funds provided under WIN must be used to provide home delivered meals and/or services related to the provision of meals to eligible older adults whose nutritional needs have not or cannot be met under Title III-C or CSE. WIN funds may be used to provide congregate meals but only when the provision of the congregate meals will serve nutritionally at-risk older adults or result in an increased ability to provide home delivered meals. C. Administration: No more than 5% of WIN funds awarded shall be budgeted for or expended on AAA administration. D. No Supplanting Title III-C Services: No WIN funds shall be used to replace nutrition services provided or intended to be provided under Title III-C and CSE. Standard Assurances Applicable to CSE and EISEP (For additional Assurances applicable to CSE,see SA#39. For additional Assurances applicable EISEP, see SA#40) 21 Page 127 of 346 36. In applying for and receiving CSE and/or EISEP funding, the AAA understands and agrees that: A. Direct Provision of Services: The AAA can provide EISEP and/or CSE case management services directly without requesting NYSOFA approval. However, it cannot provide other EISEP or CSE services directly unless it receives approval from NYSOFA. NYSOFA approval is discretionary and shall only be given if the AAA can show that: the AAA provided this service directly prior to the approval of the AAA's first CSE Plan (this would usually be 1979); or if the AAA demonstrates that the direct provision of a service is necessary due to the absence of an existing suitable provider and so is necessary to assure an adequate supply of the service or is necessary to ensure the quality of the service provided. (See 9 NYCRR§6652.9(c)). B. Consumer Directed In-Home Services: The AAA may elect to implement consumer directed services under CSE and EISEP in accordance with NYSOFA regulations. Prior to implementation, the AAA must submit their plans in the prescribed format to NYSOFA for review and approval. C. Maintenance of Effort: The AAA must meet the following maintenance of effort requirements: 1) For CSE and EISEP: Maintenance of"base year expenditures" made by the county or other funded service providers irrespective of the source of funds. "Base year expenditures' means the level of expenditures in the year prior to the first year for which a county plan for CSE was submitted or in the County's 1979 fiscal year, whichever is later. 2) For EISEP: Maintenance of total community service project expenditures under the CSE for the period April 1, 1985, through March 31, 1986, unless this requirement is waived or reduced by NYSOFA. D. Contesting Eligibility and Cost Share Decisions: AAA shall provide applicants or recipients of EISEP, or EISEP-like services funded under EISEP/CSE the opportunity to contest adverse decisions as to eligibility, levels of required cost sharing and involuntary terminations of services. 37. Matching Requirements: The AAA agrees to provide minimum local matching funds for service expenditures under EISEP and CSE as set forth by appficabie state law and requirements. Standard Assurance Applicable to CSE (For additional Assurances applicable to CSE, see SA#37&SA#38) 38.In applying for and receiving CSE funding, the AAA understands and agrees that Community Services Projects developed by the MA shall not exceed three years, except NYSOFA may approve continuation of a project beyond three years if periodic evaluation shows that the project effectively improved the delivery of services to older adults. Standard Assurance Applicable to EISEP (For additional Assurances applicable to EISEP, see SA#37&SA#38) 22 Page 128 of 346 39.In applying for and receiving EISEP funding, the AAA understands and agrees that: A. Coordination with Local Department of Social Services(LOSS): The AAA Is required to coordinate with the LOSS to establish and maintain procedures for avoiding the duplication of Medicaid and Title XX programs in EISEP and ensure that these procedures are agreed to in a Memorandum of Understanding with the LDSS. B. 33% In-Home Services Requirement: At least 33% of the AAA's total expenditures of state EISEP services dollars and required local match for those dollars must be spent on in-home services (i.e., Personal Care Level I and Personal Care Level II). C. 33%Ancillary Services Requirement: No more than 33%of the AAA's total expenditures of state EISEP services dollars and required local match for those dollars may be spent on ancillary services. D. County Home Care Plans (CHCP): The first year EISEP County Home Care Plan, as amended by any subsequent plans and CHCP revisions, is incorporated by reference and made a part of this Plan,and the goals and procedures contained in it are reaffirmed. Standard Assurance Applicable to CSI 40. In applying for CSI funds, the AAA understands and agrees that: A. Congregate Services: "Congregate services"shall mean services for older adults which are provided by a public or private non-profit agency in community settings at which older adults come together for services and activities that respond to their diverse needs and interests. B. Direct Provision of CSI Services: The AAA may contract with public agencies, municipalities, not-for-profit agencies, or such other entities that provide congregate services. The AAA may not directly provide a service under CSI unless granted a waiver by the Director of NYSOFA. Approval of direct service provision will only be given if the service was directly provided prior to approval of the 1994-95 Plan, or direct provision is necessary due to the absence of an existing suitable provider or to ensure the quality of the service provided. C. Multi-County Partnerships: Two or more counties may join together for the purpose of implementing CSI through a written agreement between the cooperating AAAs. D. Matching Funds: Under CSI the AAA will provide matching funds equal to 25% of its CSI costs. The allowable forms of match are the same as those permitted under CSE and EISEP. In-kind salaries and rent are allowable. State funds and local funds used to match other state or federal funds are not allowable as match. The local match can be entirely new match or local funding formerly used to match the local Recreation Program for the Elderly. E. Administration: The AAA shall budget and expend no more than 5%of CSI funds(state aid &local match)for AAA administration. F. Meal Costs: Meal costs are not allowable under the CSI program. 23 Page 129 of 346 Standard Assurances Applicable to Emergency Preparedness Plans 41.Emergency Preparedness Plans:The AAA agrees to coordinate activities and develop long- range emergency preparedness plans with local and state emergency response agencies, relief organizations, local and state governments, and other institutions that have responsibility for disaster relief service delivery within the PSA. Standard Assurances Applicable to Mental Health Services 42. Mental Health Services: The AAA agrees to follow any policies developed by NYSOFA concerning mental health issues or services as they may pertain to older adults and caregivers.AAA will coordinate with NYSOFA and entities providing mental health services in the PSA to: increase public awareness of mental health disorders affecting older adults; remove barriers to the diagnosis and treatment of such disorders; and coordinate mental health services available to older adults (including mental health screenings) provided with area aging funds or other funds for mental health services available to older adults residing in the PSA. Standard Assurances applicable to the Health Insurance Information,Counseling and Assistance Program(HIICAPI 43.Health insurance Information, Counseling and Assistance Program(HIICAP): A. The AAA agrees that the Project Narrative and Budget included in the Annual Update may not be modified without the written consent of the NYSOFA. B. The AAA agrees that it will not assign or transfer the rights or responsibilities it has with regard to the HIICAP program without the prior written consent of NYSOFA. If the AAA contracts the direct performance of the HIICAP program, including the HIICAP Coordinator, it retains primary responsibility for satisfying the responsibilities set forth in this Annual Update and the AAA will include the responsibilities in the agreement with such contractor. C. The AAA agrees to provide counseling to individual Medicare beneficiaries unable to access other channels of information or needing and preferring locally based individual counseling services. D. The AAA will make counseling resources and locations locally accessible to low-income, dual-eligible, and hard-to-reach beneficiaries, and other vulnerable older adult populations, including those in rural areas, minorities, immigrants, LGBTQ+, socially isolated, older adults and older adults with intellectual and developmental disabilities and will equip its counselors to provide in-depth, complex counseling and enrollment assistance on Medicare, Medicare Prescription Drug Coverage, Medicare Advantage Plans, EPIC enrollment,and coordination with Medicare Prescription Drug Coverage. E. The AAA will provide counseling information about original Medicare plan information and options and the AAA's HIICAP assigned staff must have knowledge and develop referral contacts for assistance in the following areas: 24 Page 130 of 346 1) Medicare eligibility, benefits, preventive services, and claims filing; 2) Medicare Prescription Drug Benefit; 3) EPIC and how It works with the Medicare prescription drug plans; 4) Medicaid eligibility, benefits, and spousal protections (Local Department for Social Services), Medicaid Managed Long Term Care (Independent Consumer Advocacy Network); 5) Medicare Supplement insurance policy coverage,comparison information,and claims filing; 6) Long Term Care (LTC)insurance and planning(NYS Partnership for LTC); and 7) Other types of health insurance benefits (including employer, retiree, Medicare Savings Program benefits, "Extra Help", etc.). F. The AAA acknowledges that HIICAP is a volunteer-based program and will be operated as such. AAAs must increase and enhance the counselor work force and equip them to be proficient in the areas noted above. A list of all trained HIICAP volunteers and staff must be housed in the federal web-based STARS and in federal training SHIP TA site. G. The AAA will not allow individuals who are currently licensed as health insurance agents/brokers,or have some other conflict of interest,to counsel,administer,or volunteer for HIICAP in any capacity even if the individual is willing to sign a disclaimer stating that he or she will provide unbiased insurance counseling information to beneficiaries. If the AM believes there may be a conflict of interest, the AAA Director or HIICAP Coordinator will obtain direction from the NY SHIP Director as to whether the relationship,as described by the AM, presents a conflict of interest. H. The AAA will ask program volunteers whether or not they are licensed to sell health insurance products and the status of their current license. I. The AM agrees to designate a HIICAP Coordinator to be responsible for the AAA's performance under this Annual Update. The HIICAP Coordinator shall be the AAA's representative and contact person for all HIICAP related issues including, program and reporting, program management, volunteer recruitment and retention, and ACL SHIP reporting requirements. J. The HIICAP Coordinator(s)designated by the AAA will oversee the training and quality of service provided by all volunteers and staff. The Coordinator(s) will certify that all volunteers and staff complete annual training requirements, including the HIICAP certification exam, regional trainings, and other related coursework available in the SHIP TA. Significant training and support win be necessary to prepare counselors to help beneficiaries understand and enroll in new choices and benefits. The Coordinator will oversee and manage the inventory of training and consumer education supplies. K. The AM agrees that its designated HIICAP Coordinator(s) will attend at least one NYSOFA HIICAP training, use all NYSOFA-prescribed HIICAP training material, and encourage counselors to participate in NYSOFA sponsored monthly coordinator and other 25 Page 131 of 346 conference calls. L. The AAA agrees that all HIICAP Coordinators and volunteers, who counsel Medicare beneficiaries,will participate in the HIICAP certification process,as often as is required by NYSOFA. M. The MA shall make certain that all Information and documentation pertaining to Medicare beneficiaries be kept confidential. Beneficiary information will be kept in an area that is secure. All confidential documents will be stored in locked file cabinets or rooms accessible only to those who have authority, or, for digital versions, in a password protected electronic file. Whenever the AAA has in its custody confidential Medicare beneficiary information that the AAA does not need to keep on file any longer to be able to assist such beneficiary, the AAA will dispose of that confidential information in a complete and secure manner (such as shredding)to avoid unauthorized disclosure(s) of the information. N. The AAA assumes responsibility for the accuracy and completeness of the information contained in all technical documents and reports submitted. O. The AAA agrees that it will submit monthly performance reports as specified by NYSOFA on all Beneficiary Contacts,Group Outreach, and Media Outreach Events via the STARS SHIP Tracking and Reporting System at: https:llsmoshio.acl.aov/etk-hhs-acl- prod/loQin.reauest.do. Additionally, all HIICAP data must be submitted either directly into the federal web-based STARS system or through the Statewide Client Data System that utilizes the API model to schedule and automatically upload data from the proprietary system to STARS. P. The AAA agrees to ensure the capacity to access Internet information via basic dial-up access at the minimum,with a high-speed connection preferred, including expanding and maintaining Internet capability at the local counseling levels. The AAA will have the capacity to send and receive a high volume of information(including training materials and Power Point presentations) through e-mail and through the Internet. The AAA assures that HIICAP counselors will have access to Internet-based information,training materials, counseling, and enrollment tools. Q. The AAA agrees to ensure adequate capacity to receive and properly answer and address all calls received through the NYS HIICAP Hotline (1-800-701-0501) as calls are automatically transmitted to the local AAA/HIICAP. R. Upon approval of this application and issuance of a Notification of Grant Award, the AAA is eligible to request an advance of up to twenty-five percent(25%)of its award. The AAA shall submit appropriate Claim for Payment in such form as required by NYSOFA. The final Claim for Payment will be submitted to NYSOFA within sixty(60)days after the ending date of the grant period. S. The AAA agrees to include the express acknowledgment on all SHIP public information materials, "This project was supported, in part by a grant from the U.S.Administration for Community Living". Grantees undertaking projects under government sponsorship are encouraged to express freely their findings and conclusions. Points of view or opinions do not, therefore necessarily represent official Administration for Community Living policy." (HHS Grants Policy Statement: https://www.hhs.qov/grants/orants/arants-oolicies- reaulations/index.html).The grantee must use the SHIP Logo on all SHIP publications. 26 Page 132 of 346 T. NYSOFA has approved the following disclaimers that the AAA must use when disseminating HIICAP materials and/or advertising: 1) "The information provided by the Health Insurance Information, Counseling and Assistance Program is intended for the sole purpose of educating consumers in regard to the choices available for their health insurance needs. Particular emphasis is placed on understanding original Medicare. Nothing herein is intended nor should it be construed as an endorsement by the State of New York of any specific insurance product or insurer." 2) If the above disclaimer is too lengthy for certain media items (i.e. flyers, small brochures, etc.), the disclaimer below may be used as a substitute: "New York State does not endorse nor recommend any specific insurance product or insurer; this program is solely intended to educate consumers about their choices." U. Upon request by the State HIICAP Coordinator,the AAA will provide to NYSOFA program information and other reports as required, in the format and at the timing specified by NYSOFA,on activities provided under the current HIICAP grant. V. The AAA shall not use SHIP federal funds to purchase promotional giveaways or incentive items, unless such items are educational in nature as required by ACL and pre-approved by NYSOFA. W. The AM agrees to implement Volunteer Risk and Program Management(VRPM)policies and procedures as required by ACL. 27 Page 133 of 346 47 o o � - a w Q 4 z Town of Mamaroneck Town Attorney, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Date: September 1, 2023 To: Members of the Town Board From: William Maker Jr., Town Attorney CC: Meredith S. RobsonTown Administrator CC: Allison MayTown Clerk Subject: Update in the Regulations of Wireless Telecommunications General: Hank Menkes had only a few comments about the latest version of this local law (see his August 8th email). I made his suggested change by eliminating section J(2). The revised local law(still redlined) is attached. If the Town Board considers this proposed law worthy of public discussion,it may set a public hearing and after the hearing is closed, decide whether to enact it. Attachment/s: 2023-8-03-Menkes email 2023-9-01-LL REVD w HM comment Page 134 of 346 Maker Jr., William From: Hank Menkes Sent: Tuesday,August 8, 2023 4:08 PM To: Maker Jr.,William Subject: RE:Wireless communications law Bill, I reviewed the document you sent me and have a few minor comments. I did not, however, recheck all of the references to FCC Rules and Orders, or the Federal Register since I did that for a previous version. Also recognize that I have no knowledge of the Town's zoning areas or geographic locations so I'm unable to comment on those items. The document requires that a licensed RF engineer provide verifying data that a proposed new cell site or addition is less than the federal and NY State maximum permissible RF radiation levels. To my knowledge, there is no license requirements for an RF engineer. This was pointed out by applicants at Mamaroneck Zoning Board meetings in the past where I was present. My recommendation is to leave the document as is in the event things change in the future, and continue to deal with this issue as it arises. In section J(2) on page 20, the document requires a building permit for the installation of small cells, including femto cells referenced in section J(1, e). I believe that this is unrealistic and will not be obtained by a homeowner. A number of the major service providers currently offer femto cells to their customers for use in their homes to facilitate wireless communication in areas with poor signal strength. These devices are about the size of a small residential router or modem, and are plug & play, only requiring that the homeowner provide ac power and an ethernet connection. Very unlikely that a homeowner would even realize that they require a building permit just to plug a device into a power receptacle and an ethernet port. Regards, Hank Menkes From: Maker Jr., William cWMakerJr@TownofMamaroneckNY.org> Sent: Friday,August 4,2023 3:48 PM To: Hank Menkes Subject:Wireless communications law INTER-AGENCY CONFIDENTIAL COMMUNICATION AND ATTORNEY WORK PRODUCT Hank: It's been a while. I hope you are well. The Town has updated the draft local law. The Town board has asked me to send it to you since changes in the statute or the regulations may have occurred since your last involvement. Please review the draft. You may stop when you reach Section 3 on p.20 as from there on,the local law is simply updating the zoning ordinance to allow for wireless facilities. i Page 135 of 346 Local Law No. -2023 This local law shall be known as the"Update in the Regulation of Wireless Telecommunications Facilities"Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: This law is being enacted because advances in technology require the Town to update its law regarding wireless telecommunications facilities. Section 2—Replacement of a current section of the Mamaroneck Code: Section 240-19.1 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §240-19.1.Wireless telecommunications facilities. A. Purpose. The purpose of this section is to establish regulations for the location and design of wireless telecommunications facilities that recognize the need to balance the technical requirements of the wireless telecommunications industry with the Town's desire to minimize the visual and other adverse effects of such facilities.This section expresses a preference for locations on Town property,acknowledging the ability of the Town to exert greater controls arising from ownership rights and a preference for the collocation of new wireless telecommunications facilities on existing or approved wireless telecommunications support structures that are located in nonresidential areas. Such regulations are intended to: (1) Ensure that the placement,construction or modification of wireless telecommunications facilities and related equipment are consistent with the Town's land use and zoning code regulations to the extent permitted by law, (2) Minimize the negative and adverse visual,acoustic and aesthetic impacts of wireless telecommunications facilities to the maximum extent practicable, through creative design,siting,landscaping,screening and innovative camouflaging techniques, (3) Assure a comprehensive review of environmental impacts of such facilities, (4) Protect to the extent the Town is allowed to do so without conflicting with federal law, the health,safety and welfare of the residents of the Town and persons working in or visiting the Town from potential adverse impacts of wireless telecommunications facilities,to the extent permitted by law, Page 136 of 346 (5) Allow for shared use(collocation)of wireless telecommunications facilities when such use is the more aesthetically sensitive alternative, (6) Establish fair and efficient processes for review and approval of development applications, (7) Preserve the visual character of established communities and the natural beauty of the landscape, (8) Protect property values, (9) Minimize the impact of wireless telecommunications facilities on residential properties, (10)Encourage the siting of wireless telecommunications facilities on properties and areas, which are not zoned exclusively for residential purposes,and (11)Minimize the number of structures placed near to each other in the rights-of-way. B. Definitions. ASSOCIATED EQUIPMENT—Any equipment serving or being used in conjunction with wireless telecommunications facilities including,but not limited to,utility or transmission equipment,power supplies,generators,batteries,cables,equipment buildings,cabinets and storage sheds,shelters,buildings and similar structures,and,when co-located on a structure, which is mounted or installed prior to,at the same or at a subsequent time as an antenna. ANTENNA—An apparatus designed for the purpose of emitting or receiving radio frequency (RF)radiation,to be operated or operating from a fixed location,for the provision of personal wireless service(whether on its own or with other types of services).For purposes of this definition,the term"antenna"does not include a mobile station or device authorized under Part 15 of Title 47 of the United States Code. BASE STATION—A structure or equipment at a fixed location that enables FCC licensed or authorized wireless telecommunications between user equipment and a telecommunications network. (1)The term indudes, but is not limited to, equipment associated with wireless telecommunications facilities such as but not limited to private,broadcast and public safety services,as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (2)The term includes,but is not limited to,radio transceivers,antennas,coaxial or fiber-optic cable,regular and backup power supplies and comparable equipment,regardless of technological configuration(including DAS and small or macro cell equipment). (3)The term includes,but is not limited to any structure that supports or houses equipment described in paragraphs(1)and(2)above that has been reviewed and approved under 2 Page 137 of 346 the applicable zoning code or siting process,even if the structure was not built for the sole or primary purpose of providing such support. (4)The term does not include any structure that,at the time the relevant application is filed with the Town under this section,does not support or house equipment described in paragraphs(1)and(2)of this definition. BUILDING INSPECTOR---The Town's Building Inspector or its Director of Building Code Enforcement and Land Use Administration COLLOCATION—The mounting or installation of an antenna on an existing tower,building or structure for the purpose of transmitting and/or receiving radio frequency signals for telecommunications purposes,whether or not there is an existing antenna on the structure. DISTRIBUTED ANTENNA SYSTEM(DAS)—A network of spatially separated antenna sites connected to a common source that provides wireless telecommunications service within a geographic area or structure. DECOMMISSIONED---A wireless telecommunications facility is decommissioned when it no longer is being used to perform the services which it was built to provide. EAF—The Environmental Assessment Form promulgated by the New York State Department of Environmental Conservation. FAA — The Federal Aviation Administration, or its duly designated and authorized successor agency. FCC—The Federal Communications Commission,or its duly designated and authorized successor agency. HEIGHT—When referring to a structure,the distance measured from the pre-existing grade to the highest point on the structure,including the antenna(s)and any other appurtenances. MACRO WIRELESS TELECOMMUNICATIONS FACILITY — Any wireless telecommunications facility that enables authorized wireless telecommunications between user equipment and a telecommunications network that is not a Small Wireless Telecommunications Facility. MODIFICATION — The improvement, upgrade or expansion of existing wireless telecommunications facilities or the improvement,upgrade or expansion of the wireless telecommunications facilities located within an existing equipment compound if the improvement,upgrade,expansion or replacement does not substantially change the physical dimensions of the wireless telecommunications facilities. MONOPOLE—A wireless telecommunications support structure which consists of a single pole,designed and erected on the ground or on top of a structure to support one or more wireless telecommunications antennas and associated equipment. 3 Page 138 of 346 NIER — Nonionizing electromagnetic radiation.A series of energy waves composed of oscillating electric and magnetic fields traveling at the speed of light which includes the spectrum of ultraviolet(UV),visible light,infrared(Bl),microwave(MW),radio frequency (RF),and extremely low frequencies(ELF). PERMIT—A Wireless Facility Permit. PERSONAL WIRELESS SERVICE FACILITY shall have the meaning given to it in the Communications Act of 1934,as amended by the Telecommunications Act of 1996,47 U.S.C. 6332(c)(7)(C),or any statute that may replace it. PLANNING BOARD—The Town of Mamaroneck Planning Board. PUBLIC RIGHT-OF-WAY("ROW")—Any land over which the public possesses the right to travel.The term"road"includes state,county and Town highways,roads,streets,squares, places,courts,boulevards,parkways,sidewalks and other ways,however,designated,over which the public has access. RELIABLE SERVICE—The transmission and reception of communications voice and/or data by a wireless telecommunications facility that meets or exceeds a wireless service provider's reasonable and generally accepted industry quality metrics,including but not limited to, received signal strength or signal quality measurements or calibrated predictions of such data throughput, call or session performance objectives including, but not limited to, key performance indicators such as lost calls,system blocking or lack of capacity. REPLACEMENT—The replacement of existing wireless telecommunications antenna on any existing support structure or on existing associated equipment for maintenance,repair or technological advancement with equipment composed of the same wind loading and structural loading which does not substantially increase the physical dimensions of any existing support structure. SMALL WIRELESS TELECOMMUNICATIONS FACILITY — Amy small wireless telecommunications facility that functions like cells in a mobile wireless network,typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls,hospitals,and metropolitan outdoor spaces including,but not limited to,DAS,microcells,picocells,and femtocells or any name employed to identify a compact,low power base station and its associated equipment that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces that meets each of the following conditions: (1) The structure on which antenna facilities are mounted: (a) is fifty(50)feet or less in height,or (b)is no more than ten percent(10%)taller than other adjacent structures,or 4 Page 139 of 346 (b)is not extended to a height of more than ten percent(10%)above its preexisting height as a result of the collocation of new antenna facilities; (2) Each antenna(excluding associated antenna equipment)is no more than six(6)cubic feet in volume; (3) In the aggregate, the volume of all antenna equipment associated with the facility (excluding antennas and back-up power and related back-up power equipment)does not exceed twenty-eight(28)cubic feet; (4) The facility does not require antenna structure registration under 47 CFR Part 17;and (5) The facility does not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in Parts 1 and 2 of the FCC's Rules and Regulations[47 C.F.R.1.1307(b),1.1310,2.1091,2.1093]or any FCC rule or regulation that replaces these regulations or add additional safety standards. SMALL WIRELESS PERMIT---The permit issued by the Planning Board approving a small wireless telecommunications facility. STEALTH TECHNOLOGY — Camouflaging methods applied to wireless telecommunications facilities,which render them more visually appealing or which serve to blend the proposed facility into the existing structure or visual backdrop,in such a manner as to render it minimally visible to the casual observer.Such methods include,but are not limited to, architecturally screened roof-mounted facilities, building-mounted antennas painted to match the existing structure,and facilities constructed to resemble trees,shrubs, light poles and the like. STRAND—A cable or wire run between two utility poles,or between a utility pole and a structure,or between two structures. STRUCTURE — A pole,base station supporting hardware, commercial billboard, street furniture or other building,whether or not it has an existing antenna facility,that is used or to be used for the provision of personal wireless service(whether on its own or commingled with other types of services). STRUCTURALLY MOUNTED — The attachment of antennas to an existing building or structure other than a monopole or tower having a location on the ground and comprising a part of a wireless telecommunications facility. For purposes of this chapter, the term "structurally mounted"shall include,in addition to the antennas,all other components of the wireless telecommunications facility. SUBSTANTIAL CHANGE—A modification substantially changes the physical dimensions if it meets any of the following criteria: (1) The mounting of the proposed antenna on the wireless structure would increase the existing height of the tower by more than 10%,or by the height of one additional 5 Page 140 of 346 antenna array with separation from the nearest existing antenna not to exceed twenty feet,whichever is greater; (2) The mounting of the proposed antenna or small wireless telecommunications facility would involve the installation of more than four(4)equipment cabinets or more than one(1)new equipment shelter; (3) The mounting of the proposed antenna or small wireless telecommunications facility would involve adding an appurtenance to the body of an existing wireless telecommunications support structure that would protrude from the edge of the original support structure: (i) more than twenty feet in the case of a macro wireless telecommunications facility, (ii) more than three feet in the case of a small wireless telecommunications facility,and (iii) in all cases more than the original width of the support structure at the level of the appurtenance It will not be considered a"substantial change"if the mounting of the proposed antenna or small wireless telecommunications facility exceeds the limits herein if it is necessary or appropriate to do so in order to shelter the antenna from inclement weather or to provide stealth shielding for the antenna or small wireless telecommunications facility; (4) The mounting of the proposed antenna would involve excavation outside the current existing structure site,defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site; (5) The modification defeats concealment and/or stealth elements of the support structure; (6) The modification does not comply with prior conditions of the approval for the existing structure and/or site;provided,however,that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above;or (7) The modification does not increases the square footage of the existing equipment compound to an area greater than two thousand five hundred(2,500)square feet. TOWER—Any structure built for the sole or primary purpose of supporting FCC licensed or authorized antennas,including the on-site fencing,equipment,switches,wiring,cabling, power sources,shelters,or cabinets associated with that tower but not installed as part of an antenna as defined herein. TRANSMISSION OR WIRELESS TELECOMMUNICATIONS EQUIPMENT— Equipment that facilitates transmission and reception for any FCC licensed or authorized wireless telecommunications service, including, but not limited to,radio transceivers, antennas, coaxial or fiber-optic cable and regular and back-up power supply. The term includes 6 Page 141 of 346 equipment associated with wireless telecommunications services,including,but not limited to,private,broadcast and public safety services,as well as unlicensed wireless services and fixed wireless services,such as microwave backhaul. UTILITY POLE—A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications,cable or electric service or for lighting,traffic control,signage,or a similar function,regardless of ownership,including Town-owned poles or poles owned by utility companies.Any utility pole in excess of fifty(50)feet in height shall be deemed a tower and not eligible as a location for small wireless telecommunications facilities. WIRELESS TELECOMMUNICATIONS EQUIPMENT---Any equipment used in connection with the commercial operation of wireless telecommunications services,as defined herein, and as the term"personal wireless service facility"is defined in the Communications Act of 1934,as amended by the Telecommunications Act of 1996,47 U.S.C.§332(c)(7)(C),or any statute that may replace it,to transmit and/or receive frequencies,including but not limited to antennas,monopoles,towers and related appurtenances. WIRELESS TELECOMMUNICATIONS FACILITY — A structure, facility or location designed or intended to be used as or used to support antennas,along with any antennas located on such structure,facility or location and any associated equipment.It includes but is not limited to,monopoles,lattice towers,DAS,microcell or small wireless facilities on utility poles or strand mounted in the public right-of-way or property of the Town or within the Town and similar structures that employ stealth technology,including,but not limited to, structures such as a multistory building,church steeple,silo,water tower,sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such.It includes any structure,antennas and associated equipment intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services,commercial satellite services,microwave telecommunications or other cellular telecommunications technologies,but excluding those used exclusively for the Town's fire,police,ambulance,and other dispatch telecommunications or exclusively for private radio and television reception and private citizen's bands,amateur radio and other similar telecommunications. WIRELESS TELECOMMUNICATIONS PROVIDER —An FCC licensed service provider offering wireless telecommunications to deliver such telecommunications services.These services may include,but are not limited to,voice,data,or video in either licensed or un- licensed spectrum.An enterprise business offering to host licensed or unlicensed service providers by deploying small cell technology such as,but not limited to,DAS and similar small cells. Any term contained in this section that is not defined above but is defined by the FCC shall have the meaning ascribed to it by the FCC. C.Permissible locations for wireless telecommunications facilities. 7 Page 142 of 346 Provided it complies with the requirements of this section: (A)(1)A macro wireless telecommunications facility may be located only in the following zoning districts of the Town: B-R LI UR SBR B-MUB and R but not(i)on a property designated by the Town as historic,or(ii)on a property listed on the New York State Register or the National Register of Historic Places or in a neighborhood that has been designated as historic by the Town,the State of New York, the County of Westchester or the federal government or(iii)on those properties that are owned or leased by the Town but are not listed in section 240-19.1(H). (2)A small wireless telecommunications facility may be located only in any of the districts that a macro wireless telecommunications facility may be located and in the ROWs of the Town. (3)In addition to the areas specified in section 240-19.1 C(A)(1)and C(A)(2),a macro wireless telecommunications facility or a small wireless telecommunications facility may be located on the Town-owned properties listed in section 240-19.1(H)if permission therefor is granted by the Town Board. (B) Neither type of wireless telecommunications facility shall be permitted in any area within the unincorporated area of the Town other than the areas specified in section 240-19.1 (A)(1),(2)or(3). D. Requirements for the installation, alteration, expansion or replacement of a wireless telecommunications facility whether on private property or Town-owned property. Except as otherwise provided in this section,no person shall be permitted to construct,install, or prepare a site for the installation of a wireless telecommunications facility or alter,expand or replace an existing wireless telecommunications facility without first obtaining: (i) in the case of a macro wireless telecommunications facility, site plan approval and a special permit from the Planning Board,followed by a Building Permit issued by the Building Inspector,or (ii) in the case of a small wireless telecommunications facility, a small wireless permit from the Planning Boardfollowed by a Building Permit issued by the Building Inspector 8 Page 143 of 346 (ii) in the case of a macro wireless telecommunications facility to be located on a Town-owned property,approval of the application by the Town Board, followed by a Building Permit issued by the Building Inspector. Special permits issued by the Planning Board for any wireless telecommunications facility shall not be subject to the limits on duration contained in section 240-64 of the Code. E.Application for all types of wireless telecommunications facilities. (1) An application for the construction or installation of a new wireless telecommunications facility or a substantial change to an existing wireless telecommunications facility, whether a small wireless telecommunications facility or a macro wireless telecommunications facility,shall contain the following information:_ (a)A descriptive statement of the applicant's or operator's objectives,and whether the applicant seeks to satisfy a need, such as improved coverage and/or capacity requirements, (b)Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily and essentially within the Town. Such documentation shall include,but not be limited to:(i)information relating to all other wireless telecommunications facilities and antennas associated with such wireless telecommunications facilities that are to be deployed in the Town in conjunction with the proposed wireless facility;and(ii)propagation and/or capacity studies of the proposed site including,but not limited to,both drive test and calibrated predictive coverage plots,and all adjoining planned,proposed,in-service or existing sites that demonstrate a significant area of less than reliable service in coverage and/or capacity,including an analysis of current and projected usage and a copy of the search ring within which a new wireless telecommunications facility is proposed to be located, (c) The name,postal address,email address and phone number of the person preparing the report, (d)The name,postal address,email address and phone number of the property owner, operator and applicant, (e)The postal address and Tax Map Section,Block and Lot of the property,or the postal address and Tax Map Section,Block and Lot of the closest property if the wireless telecommunication facility is proposed to be located in a right of way, (e)The zoning district or designation in which the property is situated, (f) The size of the property,stated both in square feet and lot line dimensions and a survey prepared by a licensed professional surveyor showing the location of all lot lines(an application to use a ROW does not have to supply this information), (g)The lot line of the nearest residential structure if such lot line is 1,200 feet or less from the property which is the subject of the application 9 Page 144 of 346 (h)The location,size and height of all existing and proposed structures on the property which is the subject of the application, (i) The type,locations and dimensions of all proposed and existing landscaping and fencing, (j) The number, type and model of the antenna(s) and if the proposed wireless telecommunications facility is a small cell installation, the small cell equipment proposed, (k)A description of the utility pole,monopole or other structure on which any antenna or associated equipment for a wireless telecommunications facility is to be located and a design plan stating the structure's capacity to accommodate multiple users, (1) A site plan describing any new proposed structure and antenna(s)and all related fixtures,associated equipment,appurtenances and apparatus,including,but not limited to,height above pre-existing grade,materials,color and lighting, (m)The frequency band,modulation and class of service of radio or other transmitting equipment, (n)The actual intended transmission power stated as the maximum effective radiated power(ERP)in watts of the antenna(s), (o)Direction of maximum lobes and associated radiation of the antenna(s), (p)Documentation justifying the total height of any proposed antenna and structure and the basis therefor.Such justification shall be to provide service within the Town,to the extent practicable,unless good cause is shown, (q)Certification that NIER levels at the proposed site will be and remain within the current threshold levels adopted by the FCC and the State of New York, (r) A statement signed by an engineer licensed by the State of New York that the analysis of site RF compliance for the proposed installation is consistent with applicable FCC regulations,additional guidelines issued by the FCC and industry practice and in clear compliance with FCC regulations concerning RF exposure, (s) A copy of the FCC license applicable for the intended use of the wireless telecommunications facility, (t) Certification that a topographic and geomorphologic study and analysis has been conducted and that the.;ubsurfacc and substrate and the proposed drainage planke site is adequate to assure the stability of the proposed wireless telecommunications facility on the property which is the subject of the applicationproposcd site, (u)Certification that if the proposed wireless telecommunications facility will be a small cell or DAS that each unit/installation will not exceed fifty-five(55)dBA of acoustic noise,measured five(5)feet from the unit in any direction,or violate any applicable noise regulation, (v)Visual EAF with visual addendum, 10 Page 145 of 346 (w)Written certification by an engineer licensed by the State of New York that the wireless telecommunications facility and support structures and attachments are designed and will be constructed to meet all local,county,state and federal structural requirements for loads,including wind and ice loads, f1Proof that the wireless telecommunications facility or expansion of an existing facility is not proposed to be located within the front yard setback area or closer to the front property line than the setback of the existing principal building,whichever is more restrictive, (x)(y)A statement by the applicant with supporting citation of law or regulation indicating the time within which the applicant maintains that its application must be decided. While the time periods established by federal regulations or statute may be considered a reasonable period of time for determining an application and the Planning Board and the Town Board,as the case may be,will use their best efforts to decide applications within such periods,circumstances may make it necessary to extend the date for a determination beyond the relevant time period. (2)In addition to the requirements of section 240-19.1(E),an application for collocation whether for a small wireless facility or a macro wireless facility,shall contain the following proof: (a)The existing wireless telecommunications support structure has been granted all necessary approvals by the appropriate approving authorities; (b)The proposed collocation shall not substantially increase the existing wireless support structure;and (c) The proposed collocation complies with the final approval of the wireless telecommunications support structure and all conditions attached thereto and either does not create a condition for which a variance would be required or for which relief would be required pursuant to any other applicable law,rule or regulation or that a variance or other required relief has been obtained. (3) For the purpose of starting the time period within which a decision on the application must be made, the application shall be deemed submitted when the Town Engineer determines that the application is complete. The Town Engineer shall notify the applicant of his/her determination of completeness within 10 business days after(i)the application is filed with the Building Department or(ti)any additional documentation or information is filed in response to the Town Engineer's determination that the application is not complete. (4)The Planning Board,the Town Board and if a variance is required,the Board of Appeals may refer the application before it to any of the Town's other departments,officials,boards or commissions. (5)(a)Before a building permit is issued,the applicant shall post abond or a letter of credit that will remain in effect until cancelled,in favor of the Town in an amount sufficient to 11 Page 146 of 346 secure the removal of the wireless telecommunications facility when it is decommissioned. The amount of such bond shall be determined by the Planning Board in the case of parcels situated in the B-R,SBR,UR and R zoning districts or the Town Board in the case of a wireless telecommunications facility located on Town-owned property.The bond or letter of credit shall be issued by a surety or institution with assets sufficient to assure that it will be capable of satisfying its obligation and be in a form approved by the attorney for the Town. (b) Upon notice to the applicant or the person in control of the wireless telecommunications facility,the Planning Board in the case of parcels situated in the B- R,SBR, UR and R zoning districts or by the Town Board in the case of a wireless telecommunications facility located on Town-owned property may require that the surety or institution be changed or may increase the amount of the bond or letter of credit if it is determined that the surety or institution no longer has assets sufficient to assure that it will be cap able of satisfying its obligation or that the amount of the existing bond or letter of credit is inadequate to secure the removal of the wireless telecommunications facility when it is decommissioned. (c)If the bond lapses or the letter of credit is canceled,the Planning Board in the case of parcels situated in the B-R,SBR,UR and R zoning districts or the Town Board in the case of a wireless telecommunications facility located on Town-owned property, after conducting a hearing done on notice to the applicant or the person in control of the wireless telecommunications facility,will have the right to revoke permission for the wireless telecommunications facility. Revocation of permission shall be deemed a decommissioning of the wireless telecommunications facility. (6) (a) The Planning Board or the Town Board, upon advice from the Town of Mamaroneck's insurance carrier, shall determine the amount of insurance coverage against liability for personal injury,death or property damage that must be maintained while the wireless telecommunications facility is being constructed,after it is installed and until it is removed.Such insurance shall be issued by an insurance company with an AM Best Rating of A+, shall name the Town as an additional insured and must provide that the underwriter notify the Town if the policy expires. Such liability insurance must be maintained throughout the existence of the wireless telecommunications facility. Before a building permit is issued,a copy of such policy must be delivered to the Building Department. (b)When such policy is renewed or replaced,a copy of the renewed or replacement policy shall be delivered to the Building Department within thirty(30)days of its issuance.If the insurance policy lapses or does not provide the required coverage,the Planning Board in the case of parcels situated in the B-R,SBR,UR and R zoning districts or the Town Board in the case of a wireless telecommunications facility located on Town- owned property,after conducting a hearing done on notice to the applicant or the person in control of the wireless telecommunications facility,will have the right to revoke 12 Page 147 of 346 permission for the wireless telecommunications facility.Revocation of permission shall be deemed a decommissioning of the wireless telecommunications facility. {Formatted:Font:16 pt F. Provisions applicable to macro wireless telecommunications facilities only. In addition to complying with the other requirements of this section,a macro wireless telecommunications facility shall meet the following standards and contain the following submissions: (1) Ground-mounted equipment associated with macro wireless telecommunications facilities shall be limited to a height of twelve(12)feet above the existing grade and shall be no closer to side or rear property lines than the minimum setbacks applicable to accessory structures within the zone or one(1)foot in those districts where there are no minimum setbacks. (2) Support structures for macro wireless telecommunications facilities other than existing buildings or structures shall be set back from the closest property line a distance equal to at least one hundred and twenty percent(120%)of the height of the composite support structure and attached antennas measured from the highest point of the composite facility to the existing ground level at the base of the facility. (3)No signs shall be permitted,except for signs two square feet or less in area that display the name,address and telephone number of the owner of the facility,safety warnings or instructions,and information regarding the equipment on site.Height shall be measured from ground level,to the highest point on the wireless telecommunications facility,or if higher,the highest point on any extension to an existing supporting structure required to support the wireless telecommunications facility. (4)A macro wireless telecommunications facility shall be no higher than the minimum height necessary to achieve its purpose and under all circumstances,no more than one hundred twenty-five feet in height. (5) The applicant for a macro wireless telecommunications facility shall submit a list of eligible locations within the applicant's search area and has ranked the locations in accordance with the priorities in section 240-19.1 G(7) (6) Wind and ice. All macro wireless telecommunications facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments e€t,ke National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association(ANSI/EIA/TIA-222,as amended). 13 Page 148 of 346 (7) Aviation safety.All macro wireless telecommunications facilities shall comply with all federal and state laws and regulations concerning aviation safety,including but not limited to,the regulations of the FAA. (8) Public safety communications.All macro wireless telecommunications facilities shall not interfere with public safety communications or the reception of broadband,television, radio or other communications services enjoyed by occupants of nearby properties. (9) Radio frequency emissions.A macro wireless telecommunications facility shall not,by itself or in conjunction with other wireless telecommunications facilities,generate radio frequency emissions in excess of the standards and regulations of the FCC,including, but not limited to, the FCC Office of Engineering Technology Bulletin 65,entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,"as amended. (10) Before a building permit is issued,a bond in favor of the Town in an amount sufficient in amount to secure the removal of a macro wireless telecommunications facility when it is decommissioned shall be posted. The amount of such bond shall be determined by the Planning Board,issued by a surety with assets sufficient to assure that it will be capable of satisfying its obligation and be in a form approved by the attorney for the Town. (11)As condition of site plan approval,the Planning Board,upon advice from the Town of Mamaroneck's insurance carrier, shall determine the amount of insurance coverage against liability for personal injury,death or property damage that must be maintained while the macro wireless telecommunications facility is being constructed,after it installed and until it is removed. Such insurance shall be issued by an insurance company with an AM Best Rating of Ate,shall name the Town as an additional insured and must provide that the underwriter notify the Town if the policy expires.Before a building permit is isued, a copy of such policy must be delivered to the Building Department. When such policy is renewed or replaced,a copy of the renewed or replacement policy shall be delivered to the Building Department within thirty(30)day., of its isuance.If such policy lapses,the Town will have the right to revoke permission for the macro wireless telecommunications facility.If such policy lapses,the Planning Board or the Town Board,after conducting a hearing on notice to the applicant,will have the right to revoke permission for the macro wireless telecommunications facility. G. Provisions applicable to small wireless telecommunications facilities only. (1) Design.All small wireless telecommunications facilities shall be designed,constructed, operated,maintained,repaired,modified and removed in strict compliance with all current applicable technical,safety and safety related codes,including,but not limited to,the most-recent editions of the American National Standards Institute(ANSI)Code, 14 Page 149 of 346 National Electrical Safety Code,and National Electrical Code.All small wireless facilities shall,at all times,be kept and maintained in good condition,order and repair by qualified maintenance and construction personnel,so that the same shall not endanger the life of any person or any property.In addition to the provisions listed in this section, all small wireless telecommunications facilities shall be designed to comply with the following requirements: (a)All equipment shall be the smallest and least visibly intrusive equipment feasible. (b)Small wireless telecommunications facilities and associated equipment shall be treated to match the supporting structure and may be required to be painted,or otherwise coated,to be visually compatible with the support structure upon which they are mounted. (c)Pole and strand mounted small wireless telecommunications facilities shall be a minimum of two hundred fifty(250)feet apart radially.They shall be located in line with trees,existing streetlights,utility poles and other street furniture when possible. (d)No more than two(2)small wireless telecommunications facilities with associated antennas shall be mounted to a freestanding pole or structure (e)Small wireless telecommunications facilities and any associated equipment in the public right-of-way shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or bicyclists or to otherwise create safety hazards to pedestrians,motorists,bicyclists or residents or occupants of buildings,or to otherwise cause inconvenience to the public's use of the public right-of-way. (f)To the extent feasible,associated equipment shall be placed underground. Mounted associated equipment that cannot be placed underground shall be screened from surrounding views,to the fullest extent possible,through the use of landscaping or other decorative features.Ground-mounted associated equipment shall be screened, when possible,by utilizing existing structures. If screening by utilizing existing structures is not possible, ground mounted associated equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings,landscaping, and/or screening walls,enclosures or other stealth technology. (g) Electrical meter cabinets, if required, shall the screened to blend in with the surrounding area. (h)Associated equipment attached to a small wireless telecommunications facility support structure shall have such vertical clearance as the Planning Board or in the case of a variance,the Board of Appeals may determine and an applicable utility company may require. (2) Wind and ice.All small wireless telecommunications facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering 15 Page 150 of 346 departments of the Electronics Industry Association and Telecommunications Industry Association(ANSI/EIA/TIA-222,as amended). (3) Aviation safety.Small wireless facilities shall comply with all federal and state laws and regulations concerning aviation safety, including but not limited to, the regulations of the FAA. (4) Public safety communications.Small wireless telecommunications facilities shall not interfere with public safety communications or the reception of broadband,television, radio or other communications services enjoyed by occupants of nearby properties. (5) Radio frequency emissions.A small wireless telecommunications facility shall not, by itself or in conjunction with other wireless telecommunications facilities,generate radio frequency emissions in excess of the standards and regulations of the FCC, including,but not limited to,the FCC Office of Engineering Technology Bulletin 65, entitled"Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,"as amended. (6) Small wireless telecommunications facilities shall be no higher than the minimum height necessary.The proposed height,which may be in excess of the maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate collocation by additional antenna arrays or small cells,but under no circumstances is the height to be in excess of what is permitted for small wireless telecommunications facilities. (7)Visibility (a)A small wireless telecommunications facility shall be sited so as to have the least- adverse visual effect on the environment and its character,on existing vegetation and on the residents in the area of the site. (b)Both the small wireless telecommunications facility and any and all associated equipment shall maximize the use of building materials, colors and textures designed that blend with the structure to which it may be affixed and/or harmonize with the natural surroundings. (c) Small wireless telecommunications facilities shall not be artificially lit or marked, except as required by law.If lighting is required, the applicant shall present a photometric analysis that shows that the applicant will use best practices for mitigating the impact of lighting. (d)Where deemed appropriate by the Planning Board, electrical and land-based telephone or fiber lines extended to serve the small wireless telecommunications facility sites shall be installed underground. (e) Stealth technologies shall be employed in an effort to blend into the surrounding environment and minimize aesthetic impact. (f)Landscaping shall be provided,where appropriate. 16 Page 151 of 346 (8) Small wireless telecommunications facilities and any associated equipment in the public right-of-way shall also comply with the procedures and requirements set forth in chapter 187 of the Town Code relating to construction activities within the public right-of-way. To the extent any provisions in section 187 are inconsistent with the provisions set forth in this section,the provisions in this section shall control. (9)—_ Before a building permit is isued,a copy of a liability insurance policy 1,sued by an insurance company with an AM Bcst Rating of A'must be delivered to the Building Department. Such insurance shall name the Town as an additional insured and must provide that the underwriter notify the Town if the policy expires. Such liability insurance must be maintained throughout the existence of the small wireless telecommunications facility. When such policy is renewed or replaced,a copy of the renewed or replacement policy hall be delivered to the Building Department within thirty(30)days of its isuance. (10)Maintenance.To the extent permitted by law,the following maintenance requirements shall apply: (a) Small wireless telecommunications facilities shall be fully automated and not require in-person attendance on a daily basis and shall be visited only for maintenance,replacement or emergency repair. (b)Such maintenance shall be performed to ensure the upkeep of the facility in order to maintain an acceptable appearance and promote the safety and security of the Town. (c)All maintenance activities shall utilize the best available technology for preventing failures and accidents. (d)Any graffiti on any small wireless telecommunications facility support structure or any associated equipment shall be removed at the sole expense of the owner within ten(10)days upon notification by the Town. (11)Priorities. A. The locations listed (a) through (f) below are the locations for small wireless telecommunications facilities within the Town listed in the order of preferred locations with(a)being the most desirable location and(f)being the least desirable location. Applicants for small wireless communication facilities shall categorize the site that they propose according to the following priorities or shall advise that the proposed site does not fall into any of the categories. (a) Collocation on existing utility poles, monopoles, or other small wireless telecommunications facility support structures on lands owned or controlled by the Town, (b)Collocation on a site with existing small wireless telecommunications facilities or other wireless telecommunications facility structures in the Town, 17 Page 152 of 346 (c) On the Town-owned properties listed in section 240-19.1 H(1), (d)On lands owned or controlled by other municipal corporations within the Town,to the extent permitted by such other municipal corporation, (e) On nonresidential zoned properties,and (f) Within public rights of way. (B)If the proposed site is not in the most preferred category,the applicant must supply a detailed explanation as to why a site in a more preferred category was not selected.The applicant also must satisfactorily demonstrate why approval should be granted for the proposed site and the hardship that would be incurred if the application were not approved. Stating that the proposed site has already been leased or purchased is not a satisfactory demonstration of why approval should be granted for the proposed site. (C)If collocation is not proposed,the applicant must provide a compelling reason why collocation it is not being proposed. (D)Notwithstanding the above,the Planning Board may approve a less preferred site if it finds that the proposed site will further the purposes of this section,is in the best interest of the safety,public welfare, character and environment of the Town and will not have a deleterious effect on the nature and character of the community and surrounding properties. H. Application when a wireless telecommunications facility is proposed for Town property, (1)New wireless telecommunications facilities and the collocation of such facilities shall be permitted only on the following properties owned by the Town: The Weaver Street firehouse The Maxwell Avenue site The Town owned building in Memorial Park Town owned parking lots Public rights-of-way The Ambulance Building on Weaver Street The Hommocks Ice Rink The Town Center The Senior Center and The Sheldrake Environmental Center (2) This section shall not be construed so as to create a right or entitlement to use Town property for a wireless telecommunications facility. (3) Applications for a wireless telecommunications facility to be located upon Town-owned property must satisfy the same requirements and undergo the same type of review as a 18 Page 153 of 346 wireless telecommunications facility located on privately owned property must satisfy and undergo. (4) (a)Before the Building Inspector can issue a small wireless permit for a small wireless telecommunications facility or pole to be installed within the public right-of-way,a right of way agreement between the person or entity that will operate the small wireless telecommunications facility and the Town must be executed by both parties. (b)The term of the right of way agreement shall not exceed fifteen(15)years,shall contain the conditions imposed by the Planning Town Board when it approved the wireless telecommunications facility and require, among other things,that the operator maintain liability insurance with coverage for an amount that is reasonable under the circumstances. A form right of way agreement shall be maintained by the Building Department. (5)In addition to other fees;that may be imp osed pursuant to this sectionfor a small wirelcx telecommunications facility permit,every small wireless telecommunications facility located in a right-of-way shall pay an annual fee for the use and occupancy of the right-of-way. I. Provisions applicable to applications for both macro wireless telecommunications facilities and small wireless telecommunications facilities (1) All proposed wireless telecommunications facilities(a)shall be sited so as to minimize visual intrusion as much as possible given the facts and circumstances involved with the proposed site and facility,(b)where appropriate,will employ stealth technologies as directed by the applicable municipal board(Town Board,Planning Board or Board of Appeals),and(c)will be designed,engineered and constructed so as to have the least- adverse visual and sonic effect on the environment,the character of the community and surrounding properties. (2) The Town Board,the Planning Board or the Board of Appeals may retain outside consultants,including,but not limited to,radio frequency engineers and other wireless telecommunications consultants to assist it in reviewing an application made pursuant to this section.,The Board may require an applicant to establish,fund and replenish an escrow account to pay the fees and related costs incurred by the Board for outside consultants The outside consultant(s)will conduct an independent investigation and analysis of all applicable data relating to existing and proposed wireless telecommunications facilities,including whether there exists a considerable area(s)of less than reliable service in coverage and/or capacity and whether the proposed wireless telecommunications facility will improve service in the area(s) of less than reliable service. The outside consultant(s) also shall conduct an independent review and assessment of alternate sites and other technologies that may improve service in the 19 Page 154 of 346 area(s)of less reliable service and have a less intrusive impact upon the neighborhood than the site and/or the technology proposed by the applicant. 0_1 A wireless telecommunication facility shall be removed within one hundred(180)days of being decommissioned by the person in control of that facility when the facility is decommissioned. The property upon which the facility was constructed must be left in a safe condition when the removal is completed J. Exemptions. (1)The following actions shall not require site plan approval a special permit or a small wireless permit: (a) a change in the dimensions of a wireless telecommunications facility if such change is not substantial. (b) a modification to,or the replacement of,an existing wireless telecommunications facility that does not substantially change the existing wireless telecommunications facility. (c) the repair and/or maintenance of an existing wireless telecommunications facility. (d) collocation;provided(a)the existing tower,building or structure to which the proposed antennae are to be mounted or installed has been granted all necessary approvals by the appropriate approving authorities,(b)was designed to receive the proposed collocation, (c)will not substantially increase the existing wireless support structure and(d)complies with the special permit and site plan approval (in the case of a macro wireless telecommunications facility)or the small wireless permit(in the case of a small wireless telecommunications facility)and all conditions attached thereto and would not create a condition for which a variance would be required or for which relief would be required pursuant to any other applicable law,rule or regulation. (e) installation of a personal wireless telecommunications device designed for in-home or in- office use that either provides telecommunications or to boost an existing signal for telecommunications;provided that there are no installations outside the walls of the building in which the device is installed and that such device(s)shall be FCC approved to not interfere with public safety communications or the reception of broadband,television, radio or other communications services enjoyed by occupants of nearby properties. (2) The exempt actions described above shall require a building permit from the Building Inspector. Chapter 75 of the Code shall not apply to the alteration, expansion, replacement construction,installation,or the preparation of a site for any of the foregoing activities of a wireless telecommunications facility. L3_1 Chapter 114 of the Code shall not apply to applications for site plan approval or for a special permit for a wireless telecommunications facility. 20 Page 155 of 346 Section 3—Amendment of a current section of the Mamaroneck Code: Section 240-30 of the Code of the Town of Mamaroneck is amended to add the following to paragraph B thereof: B. Special permit uses,subject to conformance to additional standards as provided herein and in ,- Formatted:Font:Palatino Linotype,11 pt Article`llC�($$2 40-60 tom 40-65) '{Formatted:Font:Palatine Linotype,11 pt {Formatted:Font:Palalino Linotype,11 pt Formatted:Font:Palatine Linotype,11 pt (9)wireless telecommunications facilities (�,, ‘{Formatted:Font:Palatine Linotype,11 pt `\,f Formatted:Font:Palalino Linotype,11 pt Section 4—Amendment of a current section of the Mamaroneck Code: `,fFormatted:Font:Palatno Linotype,11 pt t Formatted:Font:Palatine Linotype,11 pt Section 240-31 of the Code of the Town of Mamaroneck is amended to add the following to paragraph B thereof: B.Special uses. ,-{Formatted:Font:Palalino Linotype,11 pt f 10)wireless telecommunications facilities Section 5—Amendment of a current section of the Mamaroneck Code: Section 240-21.1 of the Code of the Town of Mamaroneck is amended to delete the current paragraph B(3)and replace it with the following: B.Special permit uses;requirements. (3)wireless telecommunications facilities Section 6—Amendment of a current section of the Mamaroneck Code: ,Section 240-32(A)of the Code of the Town of Mamaroneck is amended to delete paragraph(6) ,-'{Formatted:Font:Palalino Linotype and section 240-32(B)of the Code of the Town of Mamaroneck is amended toad the following: B. Special uses f 2)wireless telecommunications facilities ,-{Formatted:Font:Palatine Linotype 21 Page 156 of 346 Section 47—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction,such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law,which may be implemented without the invalid or unconstitutional provisions. Section 48—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. May 1'L'0'3 September 1,2023-LL REVD w HM comment .---{Formatted:Space After: 0 pt 22 Page 157 of 346 47 o o � - a w Q 4 z Town of Mamaroneck rz— ! ' Town Attorney, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Date: August 25, 2023 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney Subject: Rules to be Observed by Members of the Public who Attend a Town Board Meeting General: I revised the rules in accordance with the discussion at the August 23rd work session. I also combined the rules for the work session and the rules for the legislative session since the rules should be the same for both. Here are the revised rules. I also prepared a resolution for consideration at the September 6th meeting. Attachment/s: 2023-8-25-proposed rules for TB mtgs resolution (general) Page 158 of 346 Rules to be observed by members of the public who attend a Town Board meeting Except for those portions of a Town Board meeting when the Board conducts an executive session or seeks advice from its attorney, Town Board meetings are meetings which are open to the public. The public is encouraged to attend and observe the proceedings and where appropriate, to participate. Most Town Board meetings are divided into two sessions: a work session where the Board discusses matters of importance to the Town and although allowed to do so,usually takes no formal action, and a legislative session which ordinarily is televised and where the Board, among other things, takes formal action, such as passing resolutions, adopting local laws, etc. Persons attending a Town Board meeting must observe the following rules: 1. Members of the public must remain in the area designated for them and either stand in such area or sit in the chairs provided for them in that area. Standing in the vicinity of a Town Board member or a member of the Town staff outside the area designated for the public is strictly prohibited. 2. Except when comments from the public are requested during a public hearing or unless invited to address the Town Board, members of the public shall not speak. 3. Unless pre-arranged with the Town Administrator, members of the public shall not bring signs, placards, flyers or handouts into a Town Board meeting. Examples when such items may be allowed are when applicants, experts or students are invited to address the Town Board and use such items as visual aids to their presentation. 4. Cell phones or other devices that emit sound must be placed in the silent mode. 5. Vulgar or obscene language by members of the public is strictly prohibited. 6. Actions by members of the public that disrupt a Town Board meeting are strictly prohibited. Members of the public who violate any of these rules shall be directed to cease. If they persist or violate the same or a different rule later during a Town Board meeting, they will be directed to leave the room. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Rules etc./2023 8 25 proposed rules for TB mtgs Page 159 of 346 RESOLUTION ADOPTING RULES TO BE OBSERVED BY MEMBERS OF THE PUBLIC AT TOWN BOARD MEETINGS On motion of Council , seconded by Council , the following was approved, BE IT RESOLVED, that the rules to be observed by members of the public who attend a Town Board meeting that appear below be and the same are adopted. The above resolution was put to a roll call vote: Nichinsky King Fiddelman Katz Elkind Eney Page 160 of 346 i41 r @ Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Fire Claims Date: September 6, 2023 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 161 of 346 a�o w Q fr Town of Mamaroneck rz— if ' ' Comptroller, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 6, 2023 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims General: Attached is the list of fire claims for approval. Attachment/s: Fire Claims Sept 6 Page 162 of 346 Town of Mamaroneck From: Tracy Yogman - Town Comptroller Re: Fire Claims Date: September 06, 2023 The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount Repaired Scott Face Mask, parts,sanitize,Survivor led battery, key- AAA Emergency Supply Co., Inc. lock, hydrotest, refill air cylinder $ 827.08 Push botton switches,packing tape,inverter 3 AC outlets, Amazon dishwasher powder, usb cable, battery adaptor,aspirin, 555.07 HDMI splitter adapter cable,screws, HDMI cable,splitter,tool tether Amazon with carabiner, plastic sheet 620.56 Bound Tree Medical, LLC Rescue Randy manikins 1,499.99 Champion Elevator Maintenance for August 2023 209.83 Firehouse Innovations LI Inc. Wheel system, spike blocks,threaded rod pack 1,020.00 FireCompanies.Com Platinum Package- hosting and maintenance 8/1/23 209.97 Galls, LLC Shirts with logos 175.20 Optimum Cable Services for 7/23-8/22/23 259.38 Ready Refresh Water Cooler/Rental Fee- 3/19-6/19 564.88 Royal Comfort LLC Hvac annual maintenance 2,771.00 Sound Shore Pest Control Exterminating services 7/25/23 70.00 The Blowhard Company Parts for battery operate Ventilation fan 382.50 Tony's Nursery Inc. Propane exchange 59.98 Town of Mam'k Fire Dept. Food for Water Rescue training 7/19/23 299.64 Town of Mam'k Fire Dept. Food for Standpipe training 8/2/23 223.95 UniFirst Corporation Cleaning supplies 7/14, 7/21, 7/28/23 394.11 WJWW 6" Metered fire service 6/26-7/25/23 37.00 Total $ 10,180.14 Page 163 of 346 c 4 ir @ Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Connie Green O'Donnell, Deputy Town Administrator Re: Authorization to Appoint a Firefighter Date: August 31, 2023 Attached please find a memo from Deputy Town Administrator, Connie Green O'Donnell, regarding the appointment of Benjamin Plachta to the full-time position of Firefighter in the Fire Department.Mr. Plachta would receive an annual salary of$42,000, effective September 8, 2023. Action Requested: Resolved that the Town Board hereby approves the appointment of Benjamin Plachta to the full- time position of Firefighter at an annual salary of$42,000, effective September 8, 2023. Page 164 of 346 I ;\ w Q 4 rn Town of Mamaroneck rz— ! Administrator, Town Center FOUNDED 1661 ' 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckNY.org Date: August 31, 2023 To: Meredith Robson, Town Administrator From: Connie Green O'Donnell, Deputy Town Administrator Subject: Authorization to Appoint a Firefighter General: Authorization is requested to appoint Benjamin Plachta as a probationary Firefighter with the Town of Mamaroneck's Fire Department effective September 8, 2023, at an annual salary of$42,000. Due to a recent retirement this created an opening to hire a firefighter. There is sufficient funding in the 2023 budget for the position. The appointment is contingent upon Mr. Plachta passing a physical examination and Westchester County Department of Human Resources' approval. Since June 2017,Mr.Plachta has been employed as a supervisor at a company that provides third party claims administration services. Prior to that he was an IT technician for IBM for almost three years. Mr. Plachta is a resident of Ossining and attended Mercy College where he received a Bachelor of Science degree in Behavioral Science. From 2013 to present he has been a member of the Ossining Volunteer Fire Department, where he served as the head advisor of the Jr. Corp and was responsible for recruiting and training. He has experience suppressing fires and responding to emergencies. He has received training in Fire Fighter Survival, F.A.S.T., CPR, EVOC, Advanced Forcible Entry and has completed FEMA IS 700, 200 and 100 courses. According to Chief Broderick, the interview committee met with four candidates for the position and the 7-member committee unanimously thought that Benjamin Plachta was the best candidate. This was based on his work experience and his current experience as a volunteer firefighter. Page 165 of 346 41 w _ r @ Town of Mamaroneck i— X; Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Jill Fisher, Superintendant of Recreation Re: Title 111-C/NSIP: Meals &Nutrition-Related Services Contract, PY 2023 Date: August 23, 2023 The County of Westchester has has provided the Title 111-C and Nutrition Services Incentive Program (NSIP) contract for Meals & Nutrition-Related Services to be provided to the Town of Mamaroneck. The contract covers the program period commencing retroactively on January 1, 2023 through December 31,2023 for the 111-C Programs and October 1, 2022 through September 30, 2023 for NSIP. Action Requested: Resolved that the Town Board hereby approves the agreement between the Town and Westchester County for the Title 111-C and Nutrition Services Incentive Program (NSIP) for Meals & Nutrition-Related Services commencing retroactively on January 1, 2023 through December 31,2023 for the 111-C Programs and October 1,2022 through September 30,2023 for NSIP and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachments: Title 111 C NSIP Meals &Nutrition-Related Services Contract, PY 2023 Page 166 of 346 T r 1,' stclIester George Latimer ( `ounty Wmtclvel.wrCount)EXC."tivt• Department of Senior Programs and Services Mae Carpenter Commissioner June 13, 2023 Ms. Jill Fisher Director, Community Services& Housing TOWN OF MAMARONECK 740 West Boston Post Road Mamaroneck, NY 10543 RE: Title Ili-CINSIP: Meals & Nutrition-Related Services Contract, PY 2023 Dear Ms. Fisher: Attached to the e-mail that was sent with this letter is a blank copy of the Title Ill-C and Nutrition Services Incentive Program (NSIP)contract for Meals& Nutrition-Related Services to be provided by TOWN OF MAMARONECK. The contract is comprised of an Agreement and Schedules"A", "B", "C", "D", "E,""H" and "I" and covers the program period commencing retroactively on January 1, 2023 through December 31, 2023 for the III-C Programs and October 1, 2022 through September 30, 2023 for NSIP. Funding for the program will be in the amounts indicated below for actual services provided and data-entered in the New York State Office for the Aging's("NYSOFA")electronic reporting system: PeerPlace. The Department may reduce the amount payable to its contractors if NYSOFA reduces the Department's Federal funding, in which case you will be notified. Please be aware that the NSIP funding listed below are high estimates to cover your program for the projected annual NSIP allocation. PROGRAM FEDERAL FUNDS MUNICIPALITY MATCH III-C-1 $17,608 $5,870 Estimated III-C1 NSIP $3,132 N/A 111-C-2 $42,032 $14,011 Estimated III-C2 NSIP $7,477 N/A 9 South First Avenue.10'h Floor Mount Vernon.New York 10550-3414 Telephone: (914)813-66•100 Fax: (914)813-6399 Website: www.wcstchestergov.com/uging Page 167 of 346 Please refer to the "Standard Insurance Provisions"in Schedule"A"for detailed information regarding ALL required insurances. Contracts will be on hold pending receipt of any missing insurance form. Remember to list the County of Westchester as an Additional Insured on the Certificate of Liability Insurance. You are required to mail in the completed PeerPlace MONTHLY REPORT signed by the staff member responsible for the report. The reports should be received by the County no later than the tenth (10th)day of the following month. The County reserves the right to withhold payment to Contractor for its failure to submit the monthly report by the deadline until the monthly report is received by the County. Return the entire completed and originally signed contract to me at the address listed in the footer on the first page. We suggest that you keep a completed copy of the entire contract for your records. Please direct program-related questions to your contract monitor, Patricia Szeliga, at 914-813-6432 or via e-mail at pls3@westchestercountyny.gov.You may also contact me at 914-813-6058 or via e-mail at ssj3@westchestercountyny.gov for questions pertaining to the processing of the contract. Sincerely, Sharon Johnson Program Administrator Attachments. Page 168 of 346 THIS INTER-MUNICIPAL AGREEMENT ("Agreement" or"IMA"), made this day of , 2023 by and between: THE COUNTY OF WESTCHESTER, a corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York, 10601 (hereinafter referred to as the "County") and TOWN OF MAMARONECK a municipal corporation organized under the laws of the State of New York, having an office and place of business at 740 West Boston Post Road Mamaroneck, NY 10543 (hereinafter referred to as the "Municipality" and together with the County hereinafter referred to as the "Parties") WITNESSETH: WHEREAS, the County, acting by and through its Department of Senior Programs and Services ("Department"), has been awarded a grant by the New York State Office for the Aging ("NYSOFA"), pursuant to Titles III-C1, III-C2 and the Nutrition Services Incentive Program ("NSIP") of the Older Americans Act (the "Programs"), to provide various social and nutrition services to elderly residents of the County; and WHEREAS, the County desires to utilize the grant funds awarded by NYSOFA under the Programs to provide meals and to pay for certain nutrition-related services expenses incurred by the Municipality as applicable; and WHEREAS, the Municipality desires to provide the aforementioned services and the County desires the Municipality to provide the services pursuant to the terms and conditions set forth herein; and WHEREAS, the County has been authorized by the Westchester County Board of Legislators to enter into the Agreement for the services. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and Page 169 of 346 agreements contained herein, the Parties agree as follows: 1. The Municipality shall provide the services, as more particularly described in Schedule "C" (the "Services"). All Services must be performed in accordance with the terms of the Standard Assurances in Schedule "C" and the Standard Assurances in the approved Four Year Plan and/or Annual Update to the Four Year Plan (collectively the "Plan) attached hereto and made a part hereof in the form of Schedule "I." The Municipality shall also comply with the terms in Schedules "A", "B", "C", "D", "E", "F", "G" "H" and "I", which are attached hereto and made a part hereof. It is expressly understood and agreed by the Parties hereto that all schedules to this Agreement applicable to the NYSOFA and all schedules applicable to the County are subject to the approval of and modification of each, as necessary. 2. Payment for the Services to be provided hereunder shall be made only for meals actually provided by the Contractor in accordance with the Programs, which payment shall be reduced by the County based upon actual meals provided by the Contractor during the term of this Agreement, at the rate set forth in Schedule "B", noting that if applicable, the Contractor will also be reimbursed for nutrition-related expenses actually incurred and paid by the Municipality as set forth in Schedule "B." The total aggregate amount to be paid for the Services rendered by the Municipality under this Agreement shall not exceed $ 70,249 , subject to appropriation, payable on a monthly basis, in accordance with Schedule "B" that is attached hereto and made a part hereof. Payment shall be made for actual Services provided, after the County has received approval from NYSOFA and the County has received any and all supporting documentation the County may require and the same has been approved by the Department's Commissioner or her duly authorized designee (the "Commissioner"). The County may, in its discretion, if it shall deem such payment to be required in furtherance of the Program, pay the Municipality prior to receipt of payment or approval therefore by NYSOFA, provided that, in the event NYSOFA subsequently fails or refuses to pay the County, or if such expense is not a proper expenditure under the Program, the Municipality shall reimburse the County for such payment made to the Municipality, or, 2 Page 170 of 346 the County, in its discretion, may deduct such amount from future payments due and owing the Municipality under this Agreement. The Municipality shall contribute an aggregate amount of $ 19,881 to the Services, as a match for the III-Cl and/or III-C2 Programs, noting that there is no Contractor match required for NSIP. Any and all requests for payment to be made, including any requests for partial payment made in proportion to the Services completed, shall be submitted by the Municipality on properly executed payment vouchers of the County and paid only after approval by the Commissioner. All payment vouchers must be accompanied by a numbered invoice and/or the appropriate required back-up documentation approved by the Department. All invoices submitted during each calendar year shall utilize consecutive numbering and be non-repeating. In no event shall final payment be made to the Municipality prior to the completion of all Services, the submission of reports and the approval of same by the Commissioner. The Municipality shall, at no additional charge,furnish all labor, services, materials, goods, equipment and any other things necessary to complete the Services, unless specific additional charges are expressly permitted under this Agreement. It is recognized and understood that even if specific additional charges are expressly permitted under this Agreement; in no event shall total payment to the Municipality exceed the not-to-exceed amount set forth above. Except as otherwise expressly stated in this Agreement, no payment shall be made by the County to the Municipality for out-of-pocket expenses or disbursements made in connection with the Services rendered or the Services to be performed hereunder. 3. Prior to the making of any payments hereunder, the County may, at its option, audit such books and records of the Municipality as are reasonably pertinent to this Agreement to substantiate the basis for payment. The County will not withhold payment pursuant to this paragraph for more than thirty (30) days after payment would otherwise be due pursuant to the provisions of this Agreement, unless the County shall find cause 3 Page 171 of 346 to withhold payment in the course of such audit or the Municipality fails to cooperate with such audit. The County shall, in addition, have the right to audit such books and records subsequent to payment, if such audit is commenced within one year following termination of this Agreement. In addition to any general audit rights to which the County may be entitled hereunder, the County also reserves the right to audit the Municipality's performance under this Agreement. Such audit may include requests for documentation or other information which the Commissioner may, in her discretion, deem necessary and appropriate to verify the information provided by the Municipality as required by Paragraph"4." The County may also make site visits to the location(s)where the Services to be provided under this Agreement are performed in order to review Municipality's records, observe the performance of Services and/or to conduct interviews of staff and patrons, where appropriate and not otherwise prohibited by law. The Municipality agrees to maintain appropriate records and to retain them for at least six years after final payment is made. The Municipality agrees to provide access to all books, documents and all pertinent materials related to the contract for examination to authorized representatives of the Administration on Aging/Administration for Community Living (AoA/ACL) of the United States Department of Health and Human Services ("HHS"), the New York State Comptroller or his representatives, staff of NYSOFA, and/or the County. 4. The term of this Agreement shall commence retroactively on October 1, 2022 and continue through December 31, 2023, noting that the Title III-C Services shall be performed during the period from January 1, 2023 through December 31, 2023, while the NSIP Services shall be performed during the period from October 1, 2022 through September 30, 2023, unless terminated sooner pursuant to the provisions hereof. The Municipality shall report to the County on its progress toward completing the Services, as the Commissioner may request, and shall immediately inform the Commissioner in writing of any cause for delay in the performance of its obligations under 4 Page 172 of 346 this Agreement. 5. The Parties recognize and acknowledge that the obligations of the County under this Agreement are subject to the County's receipt of funds from NYSOFA to operate the Program, and that no liability shall be incurred by the County beyond the monies made available from NYSOFA for this Agreement. The Municipality agrees that the County shall not be liable for any of the payments hereunder unless and until the County's Commissioner of Finance has received said funds or said funds have been made available to said commissioner. If, for any reason, the full amount of said funds is not paid over or made available to the County by NYSOFA, the County may terminate this Agreement immediately or reduce the amount payable to the Municipality, in the discretion of the County. The County shall give prompt notice of any such termination or reduction to the Municipality. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. In addition, the Parties recognize and acknowledge that the obligations of the County under this Agreement are subject to annual appropriations by its Board of Legislators pursuant to the Laws of Westchester County. Therefore, this Agreement shall be deemed executory only to the extent of the monies appropriated and available. The County shall have no liability under this Agreement beyond funds appropriated and available for payment pursuant to this Agreement. The Parties understand and intend that the obligation of the County hereunder shall constitute a current expense of the County and shall not in any way be construed to be a debt of the County in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the County, nor shall anything contained in this Agreement constitute a pledge of the general tax revenues, funds or monies of the County. The County shall pay amounts due under this Agreement exclusively from legally available funds appropriated for this purpose. The County shall retain the right, upon the occurrence of the adoption of any County Budget by its Board of Legislators during the 5 Page 173 of 346 term of this Agreement or any amendments thereto, and for a reasonable period of time after such adoption(s), to conduct an analysis of the impacts of any such County Budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates set forth herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. 6. The Municipality shall comply, at its own expense, with the provisions of all applicable Federal, State and local laws, rules, regulations executive orders, policies, orders, notices and related guidance, as specified in the Plan, as such provisions may be amended from time to time, (such Federal provisions being "Federal Requirements"). In addition,the Municipality shall cause to be prominently posted, on the site where services hereunder are to be provided, a statement regarding non-discrimination, which statement shall be similar in form to the following: "In compliance with Section 504 of the Rehabilitation Act of 1975 and Title VI of the 1964 Civil Rights Act and New York State Executive Law and orders, no persons will be denied service or access to service based upon race, creed, color, national origin, religion, marital status, sexual orientation, genetic predisposition, carrier status, or handicapping condition." Without limiting any of the foregoing, the Municipality specifically agrees to the following: (a) Regarding access to records and access to sites where the Services are performed: i.) In compliance with 45 C.F.R. 75.364(a), the Municipality agrees to provide the County, HHS and its awarding agency, the Comptroller General of the United States, any inspectors general, or any of the duly authorized representatives of any of these listed parties, access to any documents, papers, or other records which are pertinent to this Agreement in order to make audits, examinations, excerpts, and transcripts, as well as provide timely and reasonable access to the Municipality's personnel for the purpose of interview and discussion related to such documents. The Municipality agrees to allow the above-listed parties to 6 Page 174 of 346 reproduce, excerpt, and/or transcribe such documents, papers, and other records by any means whatsoever. The Municipality also agrees to allow the above-listed parties such other access to records as may be necessary for compliance with applicable Federal Requirements. ii.) In accordance with 45 C.F.R. 75.364(c), all of the above-described rights of access to records shall last for as long as the records are retained by the Municipality. The Municipality shall retain all such records for at least as long as is required under 45 C.F.R. 75.361. iii.) In compliance with 45 C.F.R. § 75.342(e), the Municipality agrees to permit HHS to make site visits as needed. (b) Regarding recovered materials: i.) The Municipality agrees to comply with all applicable requirements of 45 C.F.R. 75.331; Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act and as further amended (42 U.S.C. § 6962); 40 C.F.R. Part 247, the United States Environmental Protection Agency's "Comprehensive Procurement Guideline for Products Containing Recovered Materials"; and Executive Order 12873. (c) Regarding the procurement of subcontracts financed in whole or in part with the Funds: i.) The Municipality agrees to comply with 45 C.F.R. 75.330 in procuring any subcontract financed in whole or in part with the Funds. (d) The Municipality agrees to comply with and/or assist the County in complying with any and all applicable requirements of HHS. The Municipality hereby represents and warrants that it has all information it needs regarding the Federal Requirements concerning reporting, patent rights, copyrights, and rights in data, and the Municipality understands and acknowledges that all such requirements and regulations are hereby incorporated into this Agreement by reference, and shall prevail over any conflicting term(s) of this Agreement. The Municipality understands that the County has relied upon all materials and representations it has provided to the County concerning the Services and this Agreement in, a.) considering, among other things, whether the Municipality is capable of successfully performing under the terms and conditions of this Agreement; the 7 Page 175 of 346 Municipality's integrity and ethics;whether executing this Agreement with the Municipality is in compliance with public policy; the Municipality's record of past performance; and the Municipality's financial, administrative, and technical resources and capacity, b.) consequently determining that the Municipality is a responsible contractor, and c.) awarding this Agreement to the Municipality. It is the intent and understanding of the Parties that each and every provision required by law, contract, or other proper authority to be included in this Agreement shall, for all intents and purposes, be considered and deemed included herein. The Municipality understands and acknowledges that for each and every such provision that has, through mistake or otherwise, either not been inserted in writing or been inserted in writing in an incorrect form, the Municipality hereby consents to amending this Agreement in writing, upon receipt of notice from the County, for the purpose of inserting or correcting the provision in question. 7. The Municipality expressly agrees that neither it nor any contractor, subcontractor, employee or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or carrier status during the term of or in connection with this Agreement, as those terms may be defined in Chapter 700 of the Laws of Westchester County or Section 291 of the New York State Human Rights Law. The Municipality acknowledges and understands that the County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination against its employees by co-workers, supervisors, vendors, contractors, or others. 8. (a) There shall be no partisan political activity in connection with this Agreement, including (i) candidate endorsements (ii) registration activities which are partisan in nature (iii) scheduled meetings of services recipients with public officials or candidates unless event is open on an equal basis to all candidates and officials regardless of policy views or partisan affiliation. This does not preclude the legitimate right of elected officials and other community leaders to visit programs in their areas. 8 Page 176 of 346 (b) The Municipality shall refrain and prevent the use by others under its control of official authority, influence or coercion to interfere with or affect elections or nominations for political office. (c) The Municipality shall refrain from and prohibit any others receiving funds under this Agreement from attempting to coerce or advise other persons to contribute anything of value to a party, committee, organization, agency or person for political purposes, nor engage in any other partisan activities under its auspices. The Municipality shall refrain from using funds to advance any partisan effort. (d) The Municipality shall ensure that any Services to be provided under this Agreement shall be secular in nature and scope and in no event shall there be any sectarian or religious services, counseling, proselytizing, instruction or other sectarian, religious influence undertaken in connection with the provision of such Services. The Municipality shall refrain from using funds to advance any sectarian effort. 9. (a) The Municipality acknowledges (i) that this Agreement may be funded in whole or in part with funds to be provided to the County under State or Federal program grants, (ii)that the County cannot insure that all of such funds as are presently earmarked by the County for use in connection with this Agreement will ultimately be delivered to the County by the relevant grantor, and (iii)that the County's obligation to pay the Municipality for expenditures which are to be reimbursed with such funds extends only to the extent that such funds are actually received by the County. (b) The County shall have the right to terminate or modify this Agreement based on changes in the availability of State and/or Federal Funds. 10. (a) As a material element of this Agreement, the Municipality agrees to fully comply with the provisions required by NYSOFA concerning equal access to services, non-discrimination and concentration of services on target populations, as more fully set forth in the Plan. 9 Page 177 of 346 (b) Attached hereto and forming a part of Schedule "H" is the "Participant Contribution Standards." The Municipality shall provide participants an opportunity to voluntarily contribute to the cost of the Services received, as appropriate. The Municipality shall use all collected contributions to expand the Services for which the contributions were given to supplement the funds received under the Older Americans Act (OAA). (c) The Municipality shall assist participants in taking advantage of benefits under other programs and assure that the services provided are coordinated and do not unnecessarily duplicate services provided by other sources. 11. Statistical information and supporting documentation concerning the Services conducted hereunder shall be provided to the County by the Municipality on request of the County. The Municipality shall provide the County with timely information needed to satisfy reporting requirements as specified by NYSOFA. Documentation of reports and expenses shall include, without limiting the right to require additional documentation: invoices for all purchases, payroll time records, payroll records for local support contribution, municipal payment vouchers for governmental agencies and canceled checks for private agencies, as required. The Programmatic monthly reporting system for Service Delivery Information and Service Recipient Information must be submitted electronically in PeerPlace or other NYSOFA approved electronic reporting system. Until further notice, the Municipality is required to mail in the PeerPlace MONTHLY ELECTRONIC PAPER REPORT and/or other approved reporting measure, signed by the staff member responsible for the report. The reports should be received by the County no later than the tenth (10th) day of the following month and/or entered on the website at the same time. The Municipality understands and agrees that submission of the monthly report by the deadline set forth above constitutes a material element of this Agreement. The County reserves the right to withhold payment to Municipality for its failure to submit the monthly report by the deadline, until such time as the monthly report is received by the County. Repeated failures by Municipality to submit the monthly report by the stated deadline will constitute 10 Page 178 of 346 a material breach of this Agreement justifying termination for cause as provided in Paragraph "17" hereof. The Municipality shall furnish the County with copies of all insurance certificates, food contracts, rental agreements, and transportation agreements relating to the Services provided by the Municipality hereunder, as applicable. 12. The Municipality agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule "A," entitled "Standard Insurance Provisions," which is attached hereto and made a part hereof. In addition to, and not in limitation of, the insurance provisions contained in Schedule "A," the Municipality agrees: (a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the sole negligence of the County, the Municipality shall indemnify and hold harmless the County, its officers, employees, agents, and elected officials from and against any and all liability, damage, claims, demands, costs,judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Municipality or third parties under the direction or control of the Municipality; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto; and c) in the event the Municipality does not provide the above defense and indemnification to the County, and such refusal or denial to provide the above defense and indemnification is found to be in breach of this provision, then the Municipality shall reimburse the County's reasonable attorney's fees incurred in connection with the defense of any action, and in connection with enforcing this provision of the Agreement. 13. The Municipality agrees that any program, public information materials, or 11 Page 179 of 346 other printed or published materials on the Services of the Programs which is supported with Title III-C funds will give due recognition to NYSOFA, the Department, and HHS. 14. The Municipality shall be solely responsible for any over-expenditure of funds and the County shall not be responsible for any over-expenditure. 15. The Municipality shall provide adequate qualified and trained personnel for supervision and fiscal management of the Program. 16. The Parties agree that the Municipality and its officers, employees, agents, contractors, consultants and/or subcontractors are independent contractors and not employees of the County or any department, agency or unit thereof. In accordance with their status as independent contractors, the Municipality covenants and agrees that neither the Municipality nor any of its officers, employees, agents, contractors, consultants, and/or subcontractors will hold themselves out as, or claim to be, officers or employees of the County or any department, agency or unit thereof. 17. (a) The County, upon ten (10) days' notice to the Municipality, may terminate this Agreement in whole or in part when the County deems it to be in its best interest. In such event, the Municipality shall be compensated and the County shall be liable only for payment for Services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule "B," and for any approved expenses authorized under this Agreement. Upon receipt of notice that the County is terminating this Agreement in its best interests, the Municipality shall stop Services immediately and incur no further costs in furtherance of this Agreement without the express approval of the Commissioner, and the Municipality shall direct any approved subcontractors to do the same. In the event of a dispute as to the value of the Services rendered by the Municipality prior to the date of termination, it is understood and agreed that the Commissioner shall determine the value of such Services rendered by the Municipality. The Municipality shall accept such reasonable and good faith determination as final. 12 Page 180 of 346 (b) In the event the County determines that there has been a material breach by the Municipality of any of the terms of the Agreement and such breach remains uncured for forty-eight (48) hours after service on the Municipality of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the Services provided for in this Agreement, or contract for its completion, and any additional expense or cost of such completion shall be charged to and paid by the Municipality. Without limiting the foregoing, upon written notice to the Municipality, repeated breaches by the Municipality of duties or obligations under this Agreement shall be deemed a material breach of this Agreement justifying termination for cause hereunder without requirement for further opportunity to cure. 18. Failure of the County to insist, in any one or more instances, upon strict performance of any term or condition herein contained shall not be deemed a waiver or relinquishment of such term or condition, but the same shall remain in full force and effect. Acceptance by the County of any of the Services or the payment of any fee or reimbursement due hereunder with knowledge of a breach of any term or condition hereof, shall not be deemed a waiver of any such breach and no waiver by the County of any provision hereof shall be implied. 19. If equipment costing$1,000.00 or more is purchased with any Federal or State funds under this Plan, and the equipment is no longer needed for activities supported by such Programs, NYSOFA/County reserve the right to select a recipient for and approve the transfer to such recipient of such equipment, which must be used for services to older adults. The Municipality understands, acknowledges, and agrees that it shall have no ownership interest in such equipment. 20. All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses as the respective Parties hereto may designate in writing. Notice shall be 13 Page 181 of 346 effective on the date of receipt. To the County: Commissioner Department of Senior Programs and Services 9 South First Avenue, 10th Floor Mount Vernon, New York 10550-3414 with a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 To the Municipality: TOWN OF MAMARONECK 740 West Boston Post Road Mamaroneck, NY 10543 21. Schedule "D"—"Vendor Direct Program - Electronic Funds Transfer" All payments made by the County to the Municipality will be made by electronic funds transfer ("EFT") pursuant to the County's Vendor Direct Program. If the Municipality is not already enrolled in the Vendor Direct Program, the Municipality shall fill out and submit an EFT Authorization Form as part of this Agreement. (In rare cases, a hardship waiver may be granted. For a Hardship Waiver Request Form, the Municipality understands that it must contact the County's Finance Department.) If the Municipality is already enrolled in the Vendor Direct Program, the Municipality hereby agrees to immediately notify the County's Finance Department in writing if the EFT Authorization Form on file must be changed, and provide an updated version of the document. 22. (a) The Municipality represents and warrants that it, its principals, and affiliates (as defined in 2 C.F.R. Part 180) are not currently debarred or suspended and the Municipality agrees to complete the "Certification Regarding Debarment and Suspension," which is attached hereto and forming a part of Schedule "E." The 14 Page 182 of 346 Municipality agrees that it shall immediately notify the County if it, its principals, and/or affiliates is/are debarred or suspended, or its, its principals', and/or affiliates' debarment or suspension appears likely. The Municipality further agrees to comply, and to require its subcontractors to comply, with the debarment and suspension regulations in 2 C.F.R. Part 376, as well as the applicable requirements of 2 C.F.R. Part 180. The Municipality represents and warrants that it is not currently excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits, by virtue of being on the United States General Service Administration's the Excluded Parties List System (EPLS), available at http://www.sam.gov as part of the System for Awards Management (SAM). The Municipality agrees that it shall immediately notify the County if it is so-excluded, or its exclusion appears likely. The Municipality represents and warrants that it is not currently on any debarment, suspension, or exclusion list of New York State or any political subdivision thereof, and has not been found non-responsible by New York State or any political subdivision thereof. The Municipality agrees that it shall immediately notify the County if it is added to any debarment, suspension, or exclusion list of New York State or any political subdivision thereof, or its addition to such lists appears likely. The Municipality agrees that it shall immediately notify the County if it is found non-responsible by New York State or any political subdivision thereof, or such a finding of non-responsibility appears likely. The Municipality understands and acknowledges that the County is relying upon the Municipality's above-described representations and warranties. Without limiting any of the foregoing, the Municipality certifies that, to the best of its knowledge and belief, it is and will be in compliance with 2 C.F.R. Part 376, regarding nonprocurement debarment and suspension concerning public (Federal, State or local) transactions. If necessary, the Municipality will submit an explanation of why it cannot provide this certification. 15 Page 183 of 346 (b)The Municipality agrees to complete the "Certification Regarding Drug- Free Workplace Requirements,"which is attached hereto and forming a part of Schedule "F," in order to help ensure compliance with 41 U.S.C. § 8101 et seq. and 2 C.F.R. Part 382. (c) The Municipality agrees to complete the "Certification Regarding Lobbying," which is attached hereto and forming a part of Schedule "G," in compliance with 45 C.F.R. Part 93, and to otherwise comply with 45 C.F.R. Part 93 and 31 U.S.C. § 1352. 23. This Agreement and its attachments constitute the entire Agreement between the Parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing, signed by a duly authorized representative of each of the Parties. In the event of any conflict between the terms of this Agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this Agreement shall be controlling with respect to any interpretation of the meaning and intent of the Parties. 24. The Municipality shall ensure that where the State or local public jurisdiction requires licensure or certification for the provision of social services, the Municipality and its approved subcontractors providing such services under the approved the Plan shall be so licensed or certified. Workers delivering services must be appropriately qualified, selected trained and supervised. 25. All records or recorded data of any kind compiled by the Municipality in completing the Services described in this Agreement, including but not limited to written reports, studies, drawings, blueprints, computer printouts, graphs, charts, plans, specifications and all other similar recorded data, shall become and remain the property of the County. The Municipality may retain copies of such records for its own use and 16 Page 184 of 346 shall not disclose any such information without the express written consent of the Commissioner. The County shall have the right to reproduce and publish such records, if it so desires, at no additional cost to the County. Notwithstanding the foregoing, all deliverables created under this Agreement by the Municipality are to be considered "Services made for hire." If any of the deliverables do not qualify as "Services made for hire," the Municipality hereby assigns to the County all right, title and interest(including ownership of copyright) in such deliverables and such assignment allows the County to obtain in its name copyrights, registrations and similar protections which may be available. The Municipality agrees to assist the County, if required, in perfecting these rights. The Municipality shall provide the County with at least one copy of each deliverable. The Municipality agrees to defend, indemnify and hold harmless the County for all damages, liabilities, losses and expenses arising out of any claim that a deliverable infringes upon an intellectual property right of a third party. If such a claim is made, or appears likely to be made, the Municipality agrees to enable the County's continued use of the deliverable, or to modify or replace it. If the County determines that none of these alternatives is reasonably available, the deliverable may be returned. 26. The Municipality shall not delegate any duties or assign any of its rights under this Agreement without the prior express written consent of the County. The Municipality shall not subcontract any part of the Services without the written consent of the County, subject to any necessary legal approvals. Any purported delegation of duties, assignment of rights or subcontracting of Services under this Agreement without the prior express written consent of the County is void ab initio. All subcontracts that have received such prior written consent shall provide that subcontractors are subject to all terms and conditions set forth in this Agreement, and the Municipality must provide the Department, upon request, with a copy of its executed agreements with all approved subcontractors providing the Services. It is recognized and understood by the Municipality that for the purposes of this Agreement, all Services performed by a County-approved subcontractor shall be deemed Services performed by the Municipality and the Municipality shall insure 17 Page 185 of 346 that such subcontracted Services are subject to the material terms and conditions of this Agreement. All subcontracts for the Services shall expressly reference the subcontractor's duty to comply with the material terms and conditions of this Agreement and shall attach a copy of the County's Agreement with the Municipality. The Municipality shall obtain a written acknowledgement from the owner and/or chief executive of subcontractor or his/her duly authorized representative that the subcontractor has received a copy of the County's Agreement, read it and is familiar with the material terms and conditions thereof. The Municipality shall include provisions in its subcontracts designed to ensure that the Municipality and/or its auditor has the right to examine all relevant books, records, documents or electronic data of the subcontractor necessary to review the subcontractor's compliance with the material terms and conditions of this Agreement. The Municipality shall submit to the Commissioner a letter signed by the chief executive officer of the Municipality or his/her duly authorized representative certifying that each and every approved subcontractor is in compliance with the material terms and conditions of the Agreement. If the Municipality enters into subcontracts for the performance of Services pursuant to this contract, the Municipality shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the County under this Agreement or the Area Agency Plan as approved by NYSOFA. It shall be the responsibility of the Municipality 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. The Municipality agrees that, to the extent it or its subcontractors, if any, maintains personal information relating to applicants or recipients of services pursuant to the contract, such information will be kept confidential and shared with the County; or with other entities upon the consent of applicant, recipient or an authorized representative of the applicant or recipient; or as required by federal or state laws. 27. Nothing herein is intended or shall be construed to confer upon or give to any third party or its successors and assigns any rights, remedies or basis for reliance upon, 18 Page 186 of 346 under or by reason of this Agreement, except in the event that specific third party rights are expressly granted herein. 28. The Municipality recognizes that this Agreement does not grant the Municipality the exclusive right to perform the Services for the County and that the County may enter into similar agreements with other contractors on an "as needed" basis. 29. The Municipality hereby represents that, if operating under an assumed name, it has filed the necessary certificate pursuant to New York State General Business Law Section 130. 30. This Agreement may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the Parties hereby agree that any cause of action arising out of this Agreement shall be brought in the County of Westchester. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of this Agreement shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of the Parties prior to the determination of such invalidity or unenforceability. 31. This Agreement shall not be enforceable until it is signed by both Parties and approved by the Office of the County Attorney. [SIGNATURE PAGE FOLLOWS] 19 Page 187 of 346 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed. THE COUNTY OF WESTCHESTER By Mae Carpenter, Commissioner Department of Senior Programs and Services MUNICIPALITY: TOWN OF MAMARONECK By (Signature) (Name) (Title) Approved by the Westchester County Board of Legislators pursuant to Act No. 46 — 2023 adopted on the 6th day of March, 2023. Approved: Assistant County Attorney The County of Westchester Page 188 of 346 ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF WESTCHESTER) On the day of in the year 2023 before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgement 1 Page 189 of 346 CERTIFICATE OF AUTHORITY (MUNICIPALITY) I, ' (Official other than official signing Agreement) certify that I am the of (Title) the (Name of Municipality) a Municipal Corporation duly organized and in good standing under the laws of the State of New York that (Person executing Agreement) who signed said Agreement on behalf of the (Name of Municipality) was, at the time of execution of the Municipal Corporation (Title of such person) and that said Agreement was duly signed for and on behalf of said Municipal Corporation by authority of its governing board, thereunto duly authorized and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ) ss.: COUNTY OF ) On the day of in the year 2023 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at and he/she is an officer of said municipal corporation; that he/she is duly authorized to execute said certificate on behalf of said corporation, and that he/she signed his/her name thereto pursuant to such authority. Notary Public Date: 2 Page 190 of 346 SCHEDULE "A" STANDARD INSURANCE PROVISIONS (Municipality) 1. Prior to commencing Services, and throughout the term of the Agreement,the Municipality shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. Municipality shall provide evidence of such insurance to the County of Westchester ("County"), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County("Director"). The policies or certificates thereof shall provide that ten (10)days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director,the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director. Upon failure of the Municipality to furnish, deliver and maintain such insurance,the Agreement, at the election of the County, may be declared suspended,discontinued or terminated. Failure of the Municipality to take out, maintain,or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to the"County of Westchester"and adjusted with the appropriate County personnel. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Municipality's negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason,the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the Director. In the event of any loss, if the Municipality maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Municipality.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. 2 The Municipality shall provide proof of the following coverage(if additional coverage is required for a specific agreement,those requirements will be described in the Agreement): a) Workers' Compensation and Employer's Liability. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers'Compensation Law. State Workers'Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be"All locations in Westchester County, New York." -1- Page 191 of 346 Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy,or both,the employer must complete NYS form CE-200, available to download at: http://www.wcb.nv.gov, If the employer is self-insured for Workers' Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers' Compensation Self-Insurance,or GSM 05.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). b) Commercial General Liability Insurance with a combined single limit of$1,000,000 (c.s.1) per occurrence and a $2,000,000 aggregate limit naming the "County of Westchester" as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages: i.Premises -Operations. ii.Broad Form Contractual. iii.Independent Contractor and Sub-Contractor. iv.Products and Completed Operations. c) Commercial Umbrella/Excess Insurance: $2,000,000 each Occurrence and Aggregate naming the"County of Westchester" as additional insured, written on a "follow the form" basis. NOTE: Additional insured status shall be provided by standard or other endorsement that extends coverage to the County of Westchester for both on-going and completed operations. All Contracts involving the use of explosives, demolition and/or underground Services shall provide proof that XCU is covered. d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of$100,000 per occurrence for property damage or a combined single limit of$1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages and name the"County of Westchester" as additional insured: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the Parties that the insurance policies so effected shall protect both Parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause"other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County. (c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Municipality. -2- Page 192 of 346 Important information for Municipalities and Insurance Brokers: (The below is required for all insurance certificates) For Additionally Insured&Waiver of Subrogation status on an ACORD certificate: a. Check off the additional insured (ADDL INSD)and waiver of subrogation (SUBR WVD) boxes next to the following policies: -Commercial General Liability -Automobile Liability - Umbrella/Excess Liability And input the following language into Description of Operations box: "Certificate holder is included as additional insured on a primary& non-contributory basis" OR b. Input following language into Description of Operations box: "Certificate holder is included as additional insured on a primary& non-contributory basis under the Commercial General Liability,Automobile Liability and Umbrella/Excess Liability policies. All policies include a waiver of subrogation in favor of the certificate holder applies as required by written contract" *For insurance certificates other than ACORD or with no check boxes please use option b* -3- Page 193 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES SCHEDULE "B" TITLE III-C 1 &TITLE III-C 2 NUTRITION PROGRAMS & NUTRITION SERVICES INCENTIVE PROGRAM OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED SUBMITTED BY: ash.of 111 tw44-aAeck (MUNICIPALITY) PERIOD COVERED: JANUARY 1, 2023 TO DECEMBER 31, 2023 OCTOBER 1, 2022 TO SEPTEMBER 30, 2023— NSIP ONE (1) COPY MUST BE MAINTAINED BY EACH OF THE INDIVIDUALS LISTED ON PAGE 2, ITEM NUMBER 7 OF SCHEDULE "C" SEND TO: WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 9 SOUTH FIRST AVENUE, 10TH FLOOR MT. VERNON, NEW YORK 10550-3414 Page 194 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES n� 2023 TITLE IIIC & 2022-2023 NSIP - t_ac MAAWDOF" k--- AMOUNT OF CONTRACT (use enclosed III-C budgets to obtain lines "a-e"): III-C-1 III-C-2 (a) Federal Funds Requested $ 11,40g $ 1/21032. (b) Local/Municipality Match FundsSource of Local Match: $ ci'10 $ y, 0(1 (c) Nutrition Services Incentive Program(Anticipated) $ 3•'I Z $ '�i t4 7 (d) Total Federal + Local Match + NSIP Funds $ 7�(D [010 $ 01cLo (e) Participant Contributions (line 7, pgs 3a &4a) $ 2,11 J [ $ 61510 (f) Total Gross Amount(d+e) $ 2'f ( $ 1 0, b 7 g (g) Other Resources(not included in grant budget) $ $ -1 a- Page 195 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC &2022 -2023 NSIP SCHEDULE "B" TABLE OF CONTENTS PAGE 2023 Amount of Contract 1 a Allocation Strategy and Reimbursement System 1 b—1 d, Unit Cost for Nutrition Program Year 2023 2 Excel Docs: Budget Form: Unit Cost Reimbursement 2023-Title IIIC-1 3a & 3b Budget Form: Unit Cost Reimbursement 2023-Title IIIC-2 4a&4b * Pages marked with an asterisk require original signatures and dates. Include page(s)only for the service(s)which is (are) being provided Page 196 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP ALLOCATION STRATEGY AND REIMBURSEMENT SYSTEM The Westchester County Department of Senior Programs and Services (DSPS) is challenged to meet the ever increasing demand for needed services with declining resources. It is critical that available resources be managed in the most effective and efficient manner possible. Local municipal services for case management and information and assistance are targeted to 5 of the county's 6 cities and 11 municipalities that total 84.13% of the weighted senior population. DSPS and other countywide agencies provide services to seniors not living in those communities. Supplemental funds are issued to 4 communities to provide these services. The DSPS Allocation Schedule labels each service by the following six status designations for each category: JVlandated— 1 (M-11: Service is mandated by funding source for countywide services and municipalities with more than 20% of the county's senior population and the provider has the highest priority for funding at the minimal required level. L Mandated—2(M-21: Service is mandated or discretionary service with components of a countywide service for frail elderly and/or capacity building to serve growing elderly population through strategic partnerships, network management and new ventures in volunteerism including outreach through public information and self-empowerment through community education and training. • jVlandated—3 (M-31: Overfunded, mandated service for local services that can be provided on a countywide basis or countywide service that can be provided locally. • Discretionary—1 (D-1): Discretionary Service includes stand-alone community education and public information. • Discretionary—2(D-21;Discretionary Service includes recreation, special events on a countywide basis. • Discretionary—3 (D-31; Discretionary Service includes intergenerational and special populations and other non-mandated life enrichment programs. DSPS has been able to create and develop new initiatives to enhance the quality of life and preserve the independence and dignity of older persons and their caregivers with new funding in the past several years. However, due to the changing economic climate there is no guarantee that current funding will be maintained at the same level the following year. Priority Services information required by the National Aging Program Information System (NAPIS) is reported through PeerPlace reporting system. PeerPlace collects information on what services are provided, who is being served, how many service units and when services are provided to an individual on an unduplicated basis. Every service that is funded is reported though PeerPlace in terms of units provided and people served. No manual data is submitted to state and federal funding sources. -1b- Page 197 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ALLOCATION STRATEGY AND REIMBURSEMENT SYSTEM (Cont'd.1 The Administration on Aging, US Department of Health and Human Services funded the National Aging Information Center to prepare the Guide to Performance-Based Management: Concepts and Approaches for the National Aging Network for area agencies on aging. The Guide points out that "New and changing requirements for aging programs place a premium on effective management by the Aging Network. In recent years, the thrust of management practice, both in the public and private sector, has been toward a "results" orientation. Accountability is tied to clearly defined measurable results and increasingly so is the budget." Performance-Based Management is built on three pillars - explicit performance expectation, performance contracting, and ongoing performance assessment based on accurate data. Performance-Based Management focuses on bringing outcomes, quality and costs together. A price tag, value or unit cost is placed on achievement of specific outcomes. The cost-effectiveness of the service, program or service delivery system relative to explicit expectations are measured. In other words, "Is the return of sufficient value that continued funding at the same or a higher level warranted?" Also, "What are the opportunity costs of continuing to use limited funding on the same set of services and/or providers, and what other promising ideas or approaches are never pursued?" Whenever performance-based funding for a service is implemented, funding for subsequent years will be based upon the expenditure/performance for the previous program year. If the Municipality is unable to meet service goals that meet required standards for residents within a municipality or region during a program year, new and/or additional providers will be sought for the next program year to serve those residents. Services that are reimbursed on a unit cost basis have included in-home services, employment program and the nutrition services. The unit cost breakdowns for the nutrition programs are included later in this document. Nutrition program contractors are reimbursed on a performance unit cost basis. Nutrition contractors will submit claims with the required back-up documentation showing the number of meals purchased or prepared, the sign-in sheets and the contribution collected. They will be reimbursed in the following manner: Total Meals Served x Gross Unit Cost Less the Local Share for Title IIIC Less $1.30 contribution/meal Less USDA of$0.74 per meal = The federal/state reimbursement, limited to the projected number of meals Many nutrition contractors have gross unit costs less than the countywide average. This is due to a greater use of volunteers and/or additional other resources from the municipality.Therefore the number of meals budgeted for 2023 based upon the countywide federal/state average will be lower than the actual meals those contractors will be able to serve with the same money. Contributions may exceed the average of$1.30 per meal, which is another source for serving more meals than is projected. -1 c- Page 198 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP ALLOCATION STRATEGY AND REIMBURSEMENT SYSTEM (Cont'd.l Voucherina System The Department of Senior Programs and Services will track and monitor Municipality's service deliveries on a monthly reporting basis through the NYSOFA Client Statewide Data System (PeerPlace) reporting system. Vouchers will be submitted each month for each specific service. When a voucheris submitted reviews are conducted by DSPS staff to determine if the contract's performance goals and objectives are being met in a fiscally responsible and appropriate fashion. The actual number of elderly served and units of service are compared to annual goals set forth in the contractual agreement and a percentage is calculated to show how well they are meeting their goals. The Vouchering System will reimburse Municipality based on the calculated performance percentage for either number of people served or number of units served. — Claims will only be paid based on summary reports in the PeerPlace system. The number of elderly served and units provided for each service each month must be entered into PeerPlace each month. The PeerPlace data must agree with the claim amount for that month and that particular service. DSPS Program staff will monitor fiscal claims to ensure the number of units or persons reported for the month corresponds to the PeerPlace data. — A hard copy of the PeerPlace report on the number of units and people served must accompany each claim form. DSPS Program staff will sign off on each claim prior to Fiscal processing. Monthly payments will be made on a unit cost basis or a per person cost basis only. — Payment will be capped at 1/12 of the total allocation each month. At the end of the year adjustments will be made to the final claim to address extreme cyclical periods. Funding for subsequent years will be based upon service delivery performance of the previous program year. -1 d- Page 199 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP UNIT COSTS FOR NUTRITION PROGRAM YEAR 2023 Title IIIC-1 Congregate Meals &Title IIIC-2 Home Delivered Meals— Federal Reimbursement per Meal @$8.32 Other Program Reimbursement FOOD Costs TOTAL Rate $2.74 Federal Share Federal $5.58 Federal $8.32 75% $0.91 Local Share Local $1.86 Local $2.77 Share $3.65 Net Cost of Meal Total $7.44 Net $11.09 $0.74 Federal Estimated Nutrition Services Incentive Program 1.30 Uniform Food Contribution $5.69 Gross Food Costs based upon Westchester County Regional Kitchen Costs Gross Unit Cost Per Meal Without Nutrition Services Incentive Program =$13.13 -$0.74= $12.39 -2- Page 200 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS&SERVICES BUDGET FORM UNIT COST REIMBURSEMENT-2023 TOWN OF MAMARONECI( TITLE Ill-C-1 Municipality GRANT TITLE IIIC-1 BUDGET CATEGORY CONGREGATE MEALS. OTHER SERVICES& ADMINISTRATIVE MANAGEMENT COSTS 1. FEDERAL ALLOCATION $17,608 2. Line 1 _.75 $23,478 3. Local Share(Line 2-Line 1) $5,870 4. Number of Meals Budgeted on a Unit Cost Basis Co$8.32 per meal(Line 1_$8.32) 2,116 5. Title IIIC-1 Total Performance-Based Meal costs @$13.13 per meal(Line 4 x$13.13) $22,345 6. Total Anticipated Nutrition Services Incentive Program Funding $3,132 7. Budgeted Contributions @$1.30 per meal(Line 4 x$1.30) $2,751 8 Municipality Projected Meals to be Served(Complete Lines 9 through 12 ONLY if the meals projected on Line 8 are greater than the meals budgeted on Line 4) 9. Difference Between Budgeted Meals in Line 4 and Projected Meals(Line 8-Line 4) 10. Total Cost for Additional Meals @$12.39 x Line 9 11. Additional NSIP Funding(Line 9 x$0.74) 12 Total Contributions=Municipality Average per meal contribution from Line 12 of last voucher x the greater of Line 4 or Line 8 (indicate month used: ) 13. Budgeted Contributions Surplus/Deficit (Line 12-Line 7) 14. Municiality Other Resources needed for additional meals(Line 10-Line 11-Line 13) If Line 13 is negative it will be added instead of subtracted. If Line 14 is negative there is a surplus and Municipality must complete page 2 before completing Lines 16&17,and enter on line 15 15. Total Non-Recurring Costs from Page 2 of the Budget 16. TOTAL ALL RESOURCES(Line 2+Line 6+Line 11+Line 14(if 14 is positive)or Line 15 17. TOTAL Gross Per Meal Cost(Line 16=the greater of Line 4 or Line 8) -3a- \\Is_seniar\shared\ContractsAMS Only\1-CONTRACTS\IIIB&IIIC\2023\IIIC-NSIP\SCHEDULES\IMAS\SCHEDULE B's\20231IIC-1 Schedule B BUDGET FORM PAGE 3a NEED APP/MAM Revised 6/13/2023 Page 201 of 346 101,-wc 116+ nTAtc-/4_, TITLE Ill-C-1 CONTRACTOR GRANT WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS BUDGET FORM UNIT COST REIMBURSEMENT-2023 LIST SPECIFIC ITEMS AND COSTS UNDER EACH CATEGORY A. EQUPMENT MAINTENANCE AND REPAIRS COST B. VEHICLE MAINTENANCE AND REPAIRS COST C. MINOR ALTERATIONS AND RENOVATIONS COST D. VEHICLE PURCHASE COST E. EQUIPMENT PURCHASE(ITEMS GREATER THAN$1,000) COST F. EQUIPMENT PURCHASE(ITEMS LESS THAN$1,000) COST G. TOTAL FOR ALL NON-RECURRING ITEMS H. TOTAL FEDERAL ALLOCATION FOR MEALS AND ALL NON-RECURRING ITEMS -3b- \\fs seniorlsharedlCantracts AMS OnIy1-CONTRACTS11118 8 IIIC\20231IIUC-NSIPrSCHEDULESSIMAS1SCHEDULE 8's\20231IIC-NSIP BLANK MC Budges pp 38 4Bevisga@a 432 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES BUDGET FORM UNIT COST REIMBURSEMENT-2023 TOWN OF MAMARONEC( TITLE III-C-2 Municipality GRANT TITLE 111C-Z HOME DELIVERED MEALS, OTHER SERVICES& BUDGET CATEGORY ADMINISTRATIVE MANAGEMENT COSTS 1. FEDERAL ALLOCATION $42,032 2. Line 1+.75 $56,043 3. Local Share(Line 2-Line 1) $14,011 4. Number of Meals Budgeted on a Unit Cost Basis @$8.32 per meal(Line 1=$8.32) 5,052 5. Title IIIC-2 Total Performance-Based Meal costs @$13.13 per meal(Line 4 x$13.13) $66,333 6. Total Anticipated Nutrition Services Incentive Program Funding $7,477 7. Budgeted Contributions @$1.30 per meal(Line 4 x$1.30) $6,568 8. Munidpality Projected Meals to be Served(Complete Lines 9 through 12 ONLY if the meals projected on Line 8 are greater than the meals budgeted on Line 4) 9. 'Difference Between Budgeted Meals in Line 4 and Projected Meals(Line 8-Line 4) 10. 'Total Cost for Additional Meals @$12.39 x Line 9 I 11. 'Additional NSIP Funding(Line 9 x$0.74) I 12 Total Contributions=Municipality Average per meal contribution from Line 12 of the last voucher report$_ x the greater of Line 4 or Line 8 (indicate month used: ) 13. Budgeted Contributions Surplus/Deficit (Line 12-Line 7) I 14. Municipality Other Resources needed for additional meals(Line 10-Line 11-Line 13) If Line 13 is negative it will be added instead of subtracted. If Line 14 is negative there is a surplus and Municipality must complete page 2 before completing Lines 16&17,and enter on line 15 15. Total Non-Recurring Costs from Page 2 of the Budget 16. 'TOTAL ALL RESOURCES(Line 2+Line 6+Line 11+Line 14(if 14 is positive)or Line 15 17. 'TOTAL Gross Per Meal Cost(Line 16+the greater of Line 4 or Line 8) -4a- \\fs senior\shared\Contracts AMS Only\1-CONTRACTS\IIIB&IIIC\2023\IIIC-NSIP\SCHEDULES\IMAS\SCHEDULE B's\2023 IIIC-2 Schedule B BUDGET FORM PAGE 4a NEED APP/MAM rcviscpV,12en3 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS&SERVICES BUDGET FORM UNIT COST REIMBURSEMENT-2023 I ULM f MitAls-AIltec , TITLE IIl-C-2 CONTRACTOR GRANT LIST SPECIFIC ITEMS AND COSTS UNDER EACH CATEGORY A. EQUPMENT MAINTENANCE AND REPAIRS COST B. VEHICLE MAINTENANCE AND REPAIRS COST C. MINOR ALTERATIONS AND RENOVATIONS COST D. VEHICLE PURCHASE COST 1 , , E. EQUIPMENT PURCHASE(ITEMS GREATER THAN$1,000) COST F. EQUIPMENT PURCHASE(ITEMS LESS THAN$1,000) COST G. TOTAL FOR ALL NON-RECURRING ITEMS -4b- \\fs senior\shared\Contracts AMS Only11-CONTRACTSIIIB&IIIC\2023\IIIC-NSIPISCHEDULESIMASSCHEDULE B's12023 IIIC-NSIP BLANK IIIC Budget pp 4B revised 6/13/2023 Page 204 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES SCHEDULE "C" TITLE III-C 1 & TITLE III-C 2 NUTRITION PROGRAMS NUTRITION SERVICES INCENTIVE PROGRAM OF THE OLDER AMERICANS ACT OF 1965, AS AMENDED SUBMITTED BY: -Ow h t A' I4MarOt►eC�i-- (MUNICIPALITY) PERIOD COVERED: JANUARY 1, 2023 TO DECEMBER 31, 2023 OCTOBER 1, 2022 —SEPTEMBER 30, 2023 - NSIP REQUIRED ACTION: SUBMIT ONE (1) COMPLETED COPY OF THIS SCHEDULE TO THE WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES ONE (1) COPY MUST BE MAINTAINED BY EACH OF THE INDIVIDUALS LISTED ON PAGE 2, ITEM NUMBER 7. SEND TO: WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 9 SOUTH FIRST AVENUE, 10TH FLOOR MT. VERNON, NEW YORK 10550-3414 Page 205 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022- 2023 NSIP SCHEDULE "C" TABLE OF CONTENTS PAGE Municipality Identification 1, 2, 3* Standard Definitions for Services and Units of Service 4 Standard Assurances 5—6 Targeting and Equal Access Plan 7 Recipient Characteristics Definitions 8 Nutrition Program Standards 9— 17 Program Requirements: Congregate Meals Program 18 Home Delivered Meals Program 19 Miscellaneous Agreements 20 Units of Service& Recipient Data(Excel Form) 21 Plan for Services** ( ) Congregate Meals Program 22 ( Home Delivered Meals Program 23 24 Additional Agreement Provisions Caterer Agreement(Attachment 1) 25-27* Regional Kitchen Agreement(Attachment 2) 28-30* Reporting Requirements 31 Vouchering System 32 Plan for Audit 33 34 Advocacy and Related Activities Executive Order 11246 35*- 37 Municipality Staffing Information 38 Pages marked with an asterisk (*) require original signatures and dates. Include page(s) only for the service(s)which is(are) being provided Page 206 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP FEDERAL FUNDS UNDER TITLE III-C-1 (CONGREGATE MEALS), TITLE III-C-2(HOME DELIVERED MEALS) & NUTRITION INCENTIVE SERVICES PROGRAM PROGRAMS OF THE OLDER AMERICANS ACT,AS AMENDED 1. Municipality: Ou-In O-C fit Am.a ror'eck Address: 1 tie u1. gc,t-1-dv► —Post RA - City: Mamaroneck- , New York,Zip Code 1OS f..3 Phone: 9/1/-3g1-1 f(0,..S--. Person Submitting 1711 Y'i S�+P r"' r,Yl Title: � keir iev4 of 12ecraP Bone: 9t Z/- 3f/— 7kGs— Email Address: T4S1wr-IP -Fown 6Irvi4muroneik ny • Or Program Director: -J 7:11 S t4-e r- Title: 5. ril 4cv+Oe�� d A c f�w'4i'''l Phone: -11(1'3V-"?�C� ' Email Address: -St,"rp-i-v+-not* indfrn dt dv let kn7.o 7 2. Program Period: FROM: January 1, 2023 TO: December 31, 2023 (J 3. Type of Organizationublic() Private Not-for-Profit() Minority Not-for-Profit 4. Check One:if) Program Currently Operating-Started in1(year) ( ) Program to Start On: 5. Names f Municipalities to be Served:(1) T„-N.o1 /V a . rorec% (2) all oY y 1 O,ho.aviecL. (3) cf L Q( tdecIA v.-o 6. Official Authorized to Receive Payments: /' Name: "'i ra.cY Yc4►„�..�M Title: �h (4,611 1 qa ( we- ? 6,3f ke) " City: ,1 a► aivnec..&, New York, Zip Code 10-V Phone: (914) -g0' -7 '5 / Email AddressTT(o ff 1114 h e-kd _n o.Mott aror^eck IT 0 [,5 -1- Page 207 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES u�A 2023 TITLE IIIC & 2022 -2023 NSIP 7w-h a4 (��nw�a/aMtt 7. Person Responsible for; Person Responsible for``Preparation of Fiscal Claims and uchers: Name: t't�i�.,G. 11J )�Y1- wne'j Title: J, Phone: I Email: s - 4w14roni9L'At Person(s) Responsibly for Preparation of Monthly Reports: Name: Ir tc,:c.. Mt.-CA - N,..* Title: Sr Phone: Q � �� ' w Email: PC nW 41-Anuoi c iNktmarviletk et 8.Westchester County Grant Funding for 2023: List all Westchester County Departments (including the Department of Senior Programs and Services) that the Municipality has received or will receive grant money from. Include the department's name, the type of grant, and the amount for each grant. Department Type of Grant Amount of Grant 11 1 ravn5-{ai ttti, �� 112, Please check this box, if you do not receive any other grants from Westchester County -2- Page 208 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES n� 2023 TITLE IIIC & 2022 - 2023 NSIP ��.,� �{ MA.A.( nr,k_ 9. Terms and Conditions: The undersigned agrees, with respect to any funds used for Programs described in this Schedule, to comply with all applicable Federal, State and Local laws not limited to and including the following: A. Nutrition Programs for the Elderly under the Older Americans Act, as amended B. Administration on Aging Rules and Regulations for Title Ill. C. NYS Office for the Aging Rules & Regulations for Nutrition Programs for the Elderly. D. Article 15 of the Executive Law of New York State (Law against Discrimination). E. Governor's 1960 Code of Fair Practice. F. Title VI of the Civil Rights Act of 1964. G. Standard Assurances included with this Schedule. H. Section 504 of the Rehabilitation Act of 1975. I. Governor's Executive Order#19 (Prevention of Sexual Harassment). J. Americans with Disabilities Act of 1990. K. Age Discrimination in Employment Act of 1975. L. Section 220-e of the Labor Law. M. Section 296 of the Executive Law as amended in 1996. y MrV v I Signature of pen n No 7 or an authorized representative. ate "Per" signatur of cceptable. PLEASE LEAVE BLANK - DEPARTMENT OF SENIOR PROGRAMS AND SERVICES USE Date Received Date Requested Revisions Date Revisions Received Date Requested Revisions Date Revisions Received Date Requested Revisions Date Revisions Received Dept. of Senior Programs and Services Representative Date Approved -3- Page 209 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC&2022-2023 NSIP STANDARD DEFINITIONS FOR SERVICES AND UNITS OF SERVICE(NYSOFA last rev.9/17/201 Conareaate Meal:A hot or other appropriate meal which meets nutritional requirements and is served to an eligible participant in a group setting. Unit: Each meal served. Meals served to individuals through means-tested programs such as Medicaid Title XIX waiver meals, MLTC/MCO's and private pay meals are excluded from the NSIP meals count. }Tome Delivered Meal:A hot or other appropriate meal which meets nutritional requirements and is provided to an eligible person for home consumption. Unit: Each meal provided. Meals served to individuals through means-tested programs such as Medicaid Title XIX waiver meals, MLTC/MCO's and private pay meals are excluded from the NSIP meals count. Nutrition Counselina: Individualized guidance to individuals who are at nutritional risk because of their health or nutrition history, dietary intake, chronic illnesses, or medications use. Counseling is provided one-on-one by a nutrition professional, who evaluates the person's nutritional needs, develops and implements a nutrition counseling plan, evaluates the client's outcome, maintains documentation and distributes appropriate literature. It is recommended that initial counseling be provided face-to-face at a congregate site, in the home or in an office setting. Follow up nutrition counseling may be provided face-to-face at a congregate site, in the home, office setting or by telephone. A nutrition professional is defined as a Registered Dietitian (RD Nutrition counseling services are available to an older individual and/or her/his caregiver upon referral and/or request. Unit:One hour of service (time with individual and travel time). Nutrition Education~ A planned program to promote better nutrition, physical fitness and health through information and instruction on nutrition and related consumer topics of general interest. The program is provided by or under the direction of a Registered Dietitian (RD Information and instruction may occur in group settings and/or through distribution of materials to individuals. A minimum of 6 group or class presentations must be provided at each congregate meal site annually. Nutrition information or handouts are provided to congregate and home delivered meal participants at least monthly. Unit: (1) Each participant of a group or individual session receives one unit of service. -4- Page 210 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP STANDARD ASSURANCES 1. The Municipality understands and agrees that the funds provided under this Agreement must be used to provide meals and/or services related to the provision of meals, including outreach, nutrition education, nutrition counseling,shopping assistance, delivery of foods and home delivery of meals, transportation to and from nutrition sites for elderly participants and food production equipment essential and appropriate for the maximum number of meals funded under this agreement. 2. The Municipality agrees that it will comply with all requirements under the Older Americans Act and the New York State Office for the Aging (NYSOFA) Program Instructions regarding procedures for obtaining and accounting for program contributions and that all such contributions will be used to expand the Title III-C and Wellness in Nutrition Programs(WIN). 3. The Municipality agrees that it will make use of all available Nutrition Services Incentive Program funds to which they are entitled based on meals provided under this agreement, for the purchase of food for the Title III-C or WIN Nutrition Programs, in accordance with applicable United States Department of Agriculture Regulations. 4. The Municipality agrees to comply with the reporting requirements for the Title III-C or WIN Nutrition Programs as set forth by NYSOFA and the Area Agency on Aging. 5. The Municipality agrees that it shall be their responsibility to: a. identify and reach out to currently unserved and underserved mobility impaired individuals b. cooperate closely with public health personnel to accomplish the activities in nutrition surveillance; and c. at a minimum serve minorities in sufficient numbers to indicate targeting. 6. Nutrition Site/Food Service Facility&Catered Operations The Municipality will consult with Westchester County Department of Senior Programs and Services (WCDSPS) and receive approval from NYSOFA through the WCDSPS, for the operation of any new subcontracted or directly operated WCDSPS nutrition site/food service facility. WCDSPS must also be notified of any catered operation providing meals under contract for Title III-C, or WIN Nutrition Programs. -5- Page 211 of 346 STANDARD ASSURANCES 7. The Municipality shall: a. serve any senior citizen, and ensure equal access for participation, services, activities and informational sessions without regard to race, color, religion, sex, national origin or partisan affiliation; b. ensure that any services to be provided under this Application shall be secular in nature and scope and in no event shall there be any sectarian, partisan, or religious services, counseling, proselytizing, instruction or other sectarian, partisan, or religious influence undertaken in connection with the provision of such services; refrain from using funds to advance any sectarian effort; c. refrain from using funds to advance any partisan candidate or effort however, the Municipality shall ensure that candidates have equal access regardless of policy views or party affiliation; d. prevent the use of official authority, influence or coercion to interfere with or affect elections or nomination for office; e. ensure no coercion nor advice to other persons to contribute anything of value to a party, committee, organization, agency, or person for political purposes, nor engage in any other partisan activities. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -6- Page 212 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES �q� 2023 TITLE IIIC & 2022 -2023 NSIP 1v,-nof 1Nawwr'ftettc.- TARGETING AND EQUAL ACCESS PLAN List the names of Services provided with this contract: I i —c— 1 tAlt iQvx c�1 tV o CPia iil- C- 2. ` (Al4f.e)Ntt«ts The Municipality agrees that for programs established and funded in whole or in part pursuant to Title Ill of the Older Americans Act, Municipality shall: specify how it intends to satisfy the service needs of low-income minority individuals, older adults with limited English proficiency, and older adults residing in rural areas in the area served by it; to the maximum extent feasible, provide services to low-income minority individuals, older individuals with limited English proficiency, and older adults residing in rural areas in accordance with their need for such services; and meet specific objectives established by DSPS, for providing services to low-income minority individuals, older adults with limited English proficiency, and older adults residing in rural areas within the planning and service area. Please be specific in describing how the agency intends to provide services to the maximum extent feasible to: • Low-income minority individuals: On-50..73 o4re4cL -b lyia► 5v+ - 4 (44'(-",,,..ry restdeK-fs i5 4va �c,��P nme-4•v,r• (JA4+ vt)S4)tui Ct ?a)J,dt 5 �`tn/ (ov►1muh I4tJ us t [Li 45 +.-e Tower) \J,1llores f 45.45 4 J • O der adults with limitedtt� En�h proficienc • /' ! 1 / Lit t t aCL. - tr r4 ( p yu►na�rn eSv�n t 0�ri W. QSS 7•t- 1e S','D�fr� ,17 d l-t(�Gt1 siv� a.LI 4 t/a•��/i tlt kngr?i•.-1 4m Sh • -'�rewsisc-tAr k Ji eo_ !s at Va i t a‘le U en veld/f1')-e, tz„,„.5„.„3,_s, (Ale 4s 4 ; 5 6 le 40 fir-vwcteJe. pk8eS us t, 66 u5 1 pos egk • If applicable, older adults residing in rural areas in the area served: all4 -7- Page 213 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC &2022-2023 NSIP 1. DISABLED: "Any person who has a physical or mental impairment, which substantially limits one or more major life activities, has a record of such impairment or is regarded as having such impairment. This includes alcoholism and drug addiction." 2. LOW INCOME: "Any person whose income is at 150% of current poverty income guideline." 3. POVERTY INCOME GUIDELINES: Listed below are the 2023 Poverty Income Guidelines for your information. SIZE OF FAMILY POVERTY INCOME GUIDELINES 100% 150% 1 $ 14,580 $21,870 2 19,720 29,580 3 24,860 37,290 4 30,000 45,000 (Source: Update of the HHS Poverty Guidelines--NY State Department of Health and Human Services Federal RegisterNol. 88, No. 12/Thursdav, January 19, 2023/Notice) 4. AT RISK: `Those 60+ individuals who are at greatest risk of institutionalization and/or who indicate the greatest social or economic need." 5. FRAIL:a. Frail-A person with one or more functional deficits in the following areas: • Physical functions • Mental functions •Activities of Daily Living [ADLJ (eating, bed/chair transfer,dressing, bathing, toileting and continence). • Instrumental Activities of Daily Living [IADL](meal preparation, housekeeping, shopping, medications,telephone, travel and money management). 6. LIVE ALONE: "Anyone who does not have other persons living in their household." 7. VETERANS: "Any person who has served in the armed forces." 8. LEP: A Limited English Proficient(LEP) individual is a person who does not speak English as his/her primary language and who has"a limited ability to read, write, speak, or understand English, and may be eligible to receive language assistance with respect to a service, benefit or encounter." -8- Page 214 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC &2022-2023 NSIP NUTRITION PROGRAM STANDARDS I. PROGRAM MANAGEMENT A. General Policy The Municipality shall have written policies and procedures covering all aspects of the program including: 1. An organizational chart 2. Personnel policies 3. Job descriptions-specifying qualifications,experience and appropriate training 4. Orientation and training 5. Contributions 6. Food service management, sanitation and delivery 7. Program monitoring 8. Record Keeping 9. Reporting 10. Participant eligibility 11. Safety, including preventive and emergency procedures(fire, weather, participant illness and injury) 12. Food and equipment security 13. Participant survey administration 14. Special/therapeutic diets 15. Provision of nutrition screening,education and counseling 16. Congregate meal food take home policy 17. Home delivered nutrition services 18. Assessments 19. Third party meals 20. SNAP contributions 21. Provision of meals to staff under 60 at guest rate B. Contributions The Municipality shall implement the NYSOFA contribution policies and procedures including: 1. Participants receiving information on the use of contributions. 2. The opportunity for individuals to make a contribution for nutrition services received. 3. Contributions for meals are confidential and voluntary and individuals are free to choose the amount they wish to contribute. 4. Any contribution made will be used to expand the program. 5. No one will be denied the service because of their inability to contribute. -9- Page 215 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC &2022- 2023 NSIP NUTRITION PROGRAM STANDARDS.CONT'D C. Jnsurance The Municipality shall be covered by the following insurance where applicable and feasible: 1. Facility insurance 5. Products liability 2. Vehicle insurance 6. Personal liability, including volunteers 3. Workman's compensation 7. Bonding/Commercial Insurance Policy covering losses from employee theft 4. Unemployment D. Conareaate Site Aareement There shall be written site agreements between the provider and all sites serving meals. The site agreements must address as appropriate: 1. Agreement on utility/rent payment 2. Specific areas and square footage 3. Hours opened, days opened, days closed, and seasonal variations 4. Responsibility for care and maintenance of the facility: (a) Sanitation of restrooms and common areas (b) Cleaning range hoods,fans, furnace vents, etc. (c) Snow removal on walks 5. Responsibility for fire inspections 6. Obtaining Health Department permits 7. Insurance coverage for items owned by the project 8. Personnel liability insurance 9. Compliance with all federal, state and local laws 10. Security for site equipment and food 11.Responsibility for replacement of equipment 12.Certificates of Occupancy E Record Retention 1. The Municipality will keep the following records for one year after the ending date of the program period: a. Food temperature logs; congregate and home delivered meals b. Site, kitchen and route monitoring reports c. Health Department inspection reports -10- Page 216 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022- 2023 NSIP NUTRITION PROGRAM STANDARDS.CONT'D d. Nutrition education programs, surveys and units of service e. Nutrition counseling client files and units of service f. Menus as served and nutrient analysis g. Food cost and inventory records and production sheets h. Participant surveys and evaluations i. Physician diet orders j. Participant, staff and volunteer meal service records e.g. sign-in sheets 2. The Municipality will keep the following records for six years after the ending date of the program period: a. Congregate participant registration b. Home Delivered Meals eligibility assessments and reassessments c. Contribution collection and deposit records d. All income and expense records e. Contract, budget and payroll/time sheet documents f. AAA monitoring reports of contracted nutrition providers and directly provided nutrition services. II. PARTICIPANT ELIGIBILITY AND ASSESSMENTS A. Conareaate Meals Nutrition Services Eliaibility The Municipality shall ensure that program regulations are met as follows: 1. Any person age 60 or older and the spouse of such a person is eligible to participate in congregate nutrition services. 2. Individuals with disabilities under the age of 60 who reside in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided may also be served. 3. In accordance with procedures established by the area agency: a. individuals with disabilities under the age of 60 who reside at home with an eligible older individual may be offered congregate nutrition services on the same basis as meals are provided to eligible participants; and b. individuals under the age of 60 who provide volunteer services to the meal program during meal hours may be offered a meal on the same basis as meals are provided to eligible participants. B. Home Delivered Meals Nutrition Services Eliaibility The Municipality shall ensure that program regulations are met as follows: -11- Page 217 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC &2022 -2023 NSIP NUTRITION PROGRAM STANDARDS.CONT'D 1. Any person age 60 or older is eligible to receive home delivered meals, provided that such person: a. is incapacitated due to accident, illness, or frailty; b. lacks the support of family, friends, or neighbors; and c. is unable to prepare meals due to a lack of or inadequacy of facilities, an inability to shop, cook, or prepare meals safely, or a lack of appropriate knowledge or skill. 2. The spouse of an eligible recipient, regardless of age or condition, may receive home delivered meals if, according to criteria established by the area agency, receipt of such meals is in the best interest of the eligible participant. 3. In accordance with procedures established by the area agency: a. individuals with disabilities under the age of 60 who reside at home with an eligible participant may receive home delivered meals if, according to criteria established by the area agency, receipt of such meals is in the best interest of the eligible participant; and b. individuals under the age of 60 who provide volunteer services to the meal program during meal hours may be offered a meal on the same basis as meals are provided to eligible participants. C. Assessments 1. The area agency shall ensure that each person referred for or requesting home delivered meals is assessed to determine the need for such services as follows: a. a comprehensive client assessment, consistent with NYSOFA guidelines, must be completed prior to initiating service; in individual cases of emergent need for meals to be initiated before an assessment is conducted (i.e. hospital discharge referral), the assessment must be conducted within ten business days of initiating service. If the assessment is not completed prior to service, the following intake information must be noted and on file: name, address, phone, emergency contact, physician, major chronic conditions, birthdate, diet, and description of emergent nature of need; b. client assessments must be conducted by a person who has the same qualifications as staff who perform assessments for other community-based long-term care services; c. reassessments are done at least every 12 months. Case managed clients receive a documented contact every 2 months and non-case managed clients must receive a documented contact every 6 months; and d. appropriate referrals, with the consent of the participant or their representative, must be made when other needs are identified through the assessment process (e.g. nutrition counseling, transportation, personal care). III. MEAL SERVICE AND DELIVERY The Municipality shall ensure that program regulations are met as follows: -12- Page 218 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP NUTRITION PROGRAM STANDARDS 1CONT'D.1 A. Congregate Meals Program Service Delivery and Accessibility The Area Agency on Aging shall ensure that: 1. The nutrition program provides maximum accessibility to older persons in greatest social or economic need with particular attention to low income minority individuals. 2. Congregate sites are located in as close proximity to the majority of eligible older individuals' residences as feasible. 3. All sites must be in an area that is easily accessible to the target population and in compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. 4. Congregate nutrition program provides at least one hot or other appropriate meal per day, five or more days a week. Exceptions may only be made in a rural area where such frequency is not feasible, and a lesser frequency is approved by NYSOFA. 5. All sites are open at least one hour before and after the meal is served to permit all participants to eat a leisurely meal, enjoy social contact, and take advantage of other services at the site. 6. The program provides nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal participants. 7. To the maximum extent possible there is space available for supportive services (which protects the privacy of individual participants), educational services, and/or recreational services and activities. 8. Meals are provided in congregate settings, including adult day care facilities and multigenerational meal sites and may include restaurant- based sites. 9. All sites must be open to the public so that eligible participants may gain access. There must not be a requirement to be a member, pay an entrance fee, be a resident, or participate in another program or service in order to gain access to the congregate meal. 10. Participants are registered in accordance with NYSOFA's reporting requirements. 11. Participants are monitored for the possible need for home delivered meals instead of congregate meals and referrals are made as necessary. 12. Each nutrition services provider (direct or contracted) shall alert the area agency to conditions or circumstances which may endanger the participant, other participants, workers, volunteers, meal site or household. -13- Page 219 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022- 2023 NSIP NUTRITION PROGRAM STANDARDS ICONT'D.1 B. Home Delivered Meals Program Service Delivery and Accessibility The Area Agency on Aging shall ensure that: 1. The home delivered meals program provides maximum accessibility to older persons in greatest social or economic need with particular attention to low income minority individuals. 2. The home delivered meals program provides at least one home delivered meal per day,five or more days a week. Exceptions may only be made in a rural area where such frequency is not feasible, and a lesser frequency is approved by NYSOFA. a. Such meals may be hot, cold, frozen, dried, canned, or fresh foods and, as appropriate, supplemental foods. 3. The home delivered meals program provides nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal participants. 4. To the extent possible, the home delivered meals program makes available medical information approved by health care professionals, such as informational brochures and information on how to get vaccines, including vaccines for influenza, pneumonia, and shingles, in the individuals' communities. 5. Each nutrition services provider(direct or contracted) shall alert the area agency to conditions or circumstances which may endanger the participant, other participants, workers, volunteers, meal site or household. C. provision of Meals to Guests and Staff Under Sixty 1. Procedures are in place that ensure that eligible participants are given priority for meals over all guests and staff under sixty. 2. Meal charges for guests and staff under sixty are based on actual food and disposables cost of caterers'charge per meal. 3. There is a written policy concerning the provision of meals to staff under sixty at the guest rate. D. Third-Party Reimbursement The Area Agency on Aging shall ensure that: 1. The area agency shall seek appropriate reimbursement from third-party payers(public and private) when such participants' nutrition services are or may be covered by another funding source. a. There are written agreements concerning the reimbursement of meal cost pertaining to community-based residential care facilities, community-based service providers, and other public or private third-party payers. -14- Page 220 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP NUTRITION PROGRAM STANDARDS(CONT'D.1 2. Nutrition services providers under contract with an area agency to provide nutrition services seek appropriate reimbursement from third-party payers (public and private)to pay for congregate and home delivered nutrition services provided to covered participants when such participants' nutrition services are or may be covered by another funding source. This would include community-based residential care facilities, community-based service providers, and other public or private third-party payers. a. Nutrition services providers have written agreements concerning reimbursement of meal cost(based on actual costs per meal), participation of covered individuals, and other policies, procedures, and conditions in accordance with NYSOFA's standards. E.jVleal Service The Municipality shall ensure that program regulations are met as follows: 1. Efforts are made to conserve the nutritive value, flavor and appearance of foods at all stages of food preparation, delivery and service with particular attention made to minimize the hot holding time before they are consumed. Potentially hazardous foods (as defined in New York State Sanitary Code Subpart 14-1.31) are held, delivered and served at temperatures 45 degrees Fahrenheit or below or 140 degrees Fahrenheit or above. 2. Foods are portioned for service as indicated on approved menus. 3. Each nutrition services provider in accordance with applicable laws and regulations accommodates the needs of individuals with disabilities or limited mobility and has available for use upon request appropriate food containers, utensils, and other assistive devices. 4. When feasible and appropriate, arrangements are made for the availability of meals to participants in weather-related emergencies. 5. There are written procedures concerning: a. The provision of food and/or meals in weather related or other emergencies or disasters; b. the cancellation of meals; c. notification of service delays or closings; d. restrictions concerning the drop-off of home delivered meal(s); e. the allowance of or prohibition against participants taking part or all their meal home for later consumption regarding food safety issues and participant responsibility; and f. the provision of appropriate food containers and utensils for individuals with disabilities. 6. Clients receiving home delivered meals are instructed on the requirements of receiving a meals and the use and safe handling of the meal. IV. FOOD SERVICE OPERATION The Municipality shall ensure that: -15- Page 221 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP NUTRITION PROGRAM STANDARDS ICONT'D.1 1. All facilities used for meal preparation and/or service delivery meet all applicable Federal and State requirements, including the State Sanitary Code Part 14-1 requirements, and all local health, sanitation, building, fire and safety regulations 2. Food costs using NYSOFA administered funding area accurately determined and calculated on a quarterly basis 3. Procedures are in place to forecast the number of meals to be prepared and/or served daily e.g. reservation system. 4. Standardized recipes are used for food production. 5. Food items on production and on-site menus are clearly identified and portion sizes are indicated as needed. 6. Portion control is maintained during food preparation and service to be consistent with Registered Dietitian certified menu requirements. V. FIRE, BUILDING AND HEALTH CODE COMPLIANCE AND SAFETY PROCEDURES A. Facility Compliance and Safety Procedures The Municipality shall ensure that: 1. NYSOFA approval has been granted for the operation of any contracted or directly operated nutrition site, satellite site, central kitchen or facility which prepares, packages or serves meals using NYSOFA administered funding. Operation permits are kept on file at the agency for NYSOFA to review. 2. NYSOFA has been notified of any commercial caterer, restaurant, hospital, nursing home, school or"Meals on Wheels" which provides meals under an agreement with a NYSOFA administered program. 3. NYSOFA approval is received prior to any changes in the status of the operation of meal sites, kitchens or caterers and restaurant-based sites and such changes are accurately reflected in the NYSOFA meal site roster. 4. All sites and food preparation facilities (contracted and directly operated) are inspected annually by the local Department of Health. Inspection reports and follow-up documentation on compliance issues are kept on file with the area agency. -16- Page 222 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP .NUTRITION PROGRAM STANDARDS(CONT'D.) 5. All facilities are in compliance with the NY State Sanitary Code and display operation permits. 6. All facilities have written confirmation or permit posted that they comply with Fire Department or Buildings Department regulations. a. Exits are clearly identified, well-lit and free of obstacles/clutter. b. Fire extinguishers are strategically placed and inspected annually. c. Evacuation plans are posted. 7. Fire drills are conducted annually at all congregate sites and documented. B. Food Service Practices Compliance The Municipality should ensure that: 1. Food service practices comply with all applicable federal, New York State Sanitary Code Part 14 and local health and sanitation regulations. 2. Time and temperatures of potentially hazardous foods (as defined in New York State Sanitary Code Subpart 14-1.31) shall be taken and recorded as follows: a. Final cooking temperatures. b. Bulk food temperatures must be taken prior to delivery, at delivery and at serving time. c. HDM end route temperatures must be taken monthly for each route. 3. Outbreaks of suspected food-borne illnesses are reported to the local Health Department, NYSOFA and the Area Agency on Aging immediately. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -17- Page 223 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP PROGRAM REQUIREMENTS CONGREGATE SETTING NUTRITION&HOME DELIVERED MEALS PROGRAMS The Municipality shall provide a Congregate Setting Nutrition Program ("CSNP") or both a Congregate Setting Nutrition Program (CSNP) and a Home-Delivered Meals Nutrition Program ("HDMNP") which meets the requirements of the Older Americans Act, and the rules and regulations of the Department of Health and Human Services and the New York State Office for the Aging and the Westchester County Department of Senior Programs and Services. CONGREGATE SETTING NUTRITION PROGRAM The Municipality, in connection with CSNP, shall serve and provide a lunch meal, in a setting and atmosphere conducive to pleasant dining, at the site designated, five days a week, on Monday, Tuesday, Wednesday, Thursday and Friday. The site shall be open to all persons who are sixty (60) years of age or older and their spouses (hereinafter referred to as"Participants")for at least five consecutive hours per weekday, and the lunch shall be served between 11:30 a.m. and 1:30 p.m. on those days. The Municipality shall collect voluntary contributions from participants and shall collect the full price of a meal from guests and staff members who are under the age of sixty (60) years at a rate agreed upon between the County and the Municipality. The Municipality shall keep a separate ledger account of such contributions together with supporting records and documents. No eligible Participant shall be deprived or prevented from participating in the CSNP because of inability to contribute or solely because of race, sex, creed, color, nationality, country of origin or disability. In addition to the foregoing, the Municipality will furnish Participants with support services in accordance with the Manual of Policy and Procedures for the Nutrition Program for the Elderly, including but not limited to transportation assistance, an information and referral service, health and wellness counseling, nutrition education, recreational activities, shopping assistance, and a program of outreach to assure participation of special target persons including, but not limited to, minorities, poverty level persons and isolated individuals. The Municipality will encourage Participants to take part in the Project Council in order to achieve a coordinated system of program services and rapid dissemination of information and ideas regarding CSNP matters. -18- Page 224 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP PROGRAM REQUIREMENTS ICONT'D.1 J-IOME DELIVERED MEALS NUTRITION PROGRAM The Municipality, in connection with the HDMNP, shall provide and serve a lunch meal five days a week on Monday, Tuesday, Wednesday, Thursday and Friday, between 11:30 a.m. and 1:30 p.m., and/or a cold supper on the same days at the eligible Participant's home. When feasible, the Program shall be extended to include Saturday, Sunday and holidays. Said lunch meal shall be made available to Participants. The Municipality shall collect voluntary contributions from Participants and the full cost of the meal from guests and staff under 60 years of age at a rate agreed upon between the County and the Municipality. The Municipality shall keep a separate ledger account of such contributions together with supporting records and documents. No eligible Participant shall be deprived or prevented from participating in the HDMNP because of inability to contribute or solely because of race, sex, creed, color, nationality, country of origin or disability. In addition to the foregoing, the Municipality will furnish Participants with Support services, in accordance with the Manual of Policy and Procedures for the Nutrition Program for the Elderly, including, but not limited to, an information and referral service, health and wellness counseling, nutrition education, and a program of outreach to assure participation of special target persons including, but not limited to, minorities, poverty level persons, and isolated individuals. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -19 Page 225 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022- 2023 NSIP 2023 TITLE IIIC & 2022- 2023 NSIP PROGRAM REQUIREMENTS lCont'd.l MISCELLANEOUS AGREEMENTS 1. It is understood and agreed that the Municipality bears an affirmative obligation to answer questions specifically or directly relating to this Agreement before any official, board or agency authorized or empowered to inquire into such matters. This section shall not be construed as barring the Municipality, its directors, officers or employees from exercising their constitutional privilege against self-incrimination. The foregoing, however, shall not be construed as limiting the rights and remedies of the County in the event of such refusal, and when such body or agency is wholly civil in nature, failure or refusal to fully cooperate with and diligently answer the inquiries of such official, board or agency may constitute grounds for the termination of this Agreement and/or the exercise of any and all other rights or remedies which the County may have by reason of such failure or refusal. a. Such person, and any firm, partnership or corporation of which he is a member partner, director or officer, shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contract with the State, the County of Westchester, or any public department or official thereof, for goods, work or services, for a period of five (5)years after such failure or refusal to fully cooperate with and diligently answer the inquiries of such official, board or agency may constitute grounds for the termination of this agreement and/or the exercise of any and all other rights or remedies which the County may have by reason of such failure or refusal. b. Any and all contracts made with the State, the County of Westchester, or any public department, agency or official thereof, since July 1, 1959 by such person and by any firm, partnership or corporation of which he is a member, partner, director or officer, may be canceled or terminated by the County of Westchester, without incurring any penalty or damages on account of such cancellation or termination, but any moneys owing pursuant to said transaction or contract prior to the cancellation and termination, shall be paid. 2. If the agreement between the Municipality and food vendor has been bid,the food vendor certifies that: a. The bid has been arrived at independently and has been submitted without collusion with any other vendor of materials, supplies, or equipment of the type described in the invitation for bids. b. The contents of the bid have not been communicated by the food vendor, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the food vendor or its surety of a bond furnished herewith prior to the opening of the official bid. 20 Page 226 of 346 \ } k r & m ) r a \ ! � o ` U in / ) \ \� \ 2 - ! k 0 _ _ ƒ� ell Z A I { cc- ''Li CO 0 m On U { 11 d k / ( k . - 0 \ - ° _ � � } z z ) _ o _ = k t l ) 0 0 0 . � 2 f ■ § cu5 ; zE 2 E o « ] 2 q = § � i2 } we4 � m a. / | k ri I. c on - k . . $ CO ` CO _ r- E 0111 § 72 E. , to k 4 To %a Z. c iL. = 2 O 0 �, ! ) ƒ N COen U In R \ 2 } o � / 0. { _ lij_ q § m 4, fro k \ IN NI S $ ri k E + I A 2 ± 1 ix) Lin N CA & I .0 T. f a Q ( _ 2 e. G q 3 & ( / ( J J / _ . 0 VE , . . . \ tEi \ E \ § 2 \ ) U \ § 0 2 0 § 8 w ` 2 » / § \ i \ } } \ . . . . ; Page 227 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ,,.4.o4 Ma.rraneq, PLAN FOR SERVICES SERVICE NAME: CONGREGATE SETTING NUTRITION PROGRAM 1. If the Municipality services are not being targeted to those most in need, explain why services should be funded. Placement of services is pre-targeted. 2. The Major Action Steps that will be taken to improve the program must be completed below if: • the Municipality's previous fiscal year's performance is less than 75%or • the Municipality has any unmet compliance requirements(service provision, recipient, reporting, or fiscal). 2023 TIMETABLE MAJOR ACTION STEPS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -1kW,,nr-u. , Se w.bY. i, C/ C/ C f LJ Il (1 -e J�n-j - wi f // tf t/ L- tom' I/ c/ L -�d ' 6.f a, � s -22- Page 228 of 346 WESTCHESTER COUNTY MUNICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES .--�-^ 2023 TITLE IIIC & 2022 -2023 NSIP Of /i1 n exetL-- ELAN FOR SERVICES SERVICE NAME: HOME DELIVERED MEALS NUTRITION PROGRAM 1. If the Municipality services are not being targeted to those most in need, explain why services should be funded. Placement of services is ore-targeted. 2.The Major Action Steps that will be taken to improve the program must be completed below it • the Municipality's previous fiscal year's performance is less than 75%or • the Municipality has any unmet compliance requirements(service provision, recipient, reporting, or fiscal). 2023 TIMETABLE MAJOR ACTION STEPS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV inne 15. "roc rPA5.e =srr rt t1 a L,a.4 -terc�' Y -23- Page 229 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ADDITIONAL AGREEMENT PROVISIONS REPORTING REQUIREMENTS Without limiting the right of the County to require additional reports and unless otherwise specified in writing by the County, the Municipality shall furnish the following reports to the County Department of Senior Programs and Services prior to the tenth (10th) working day of each month: 1. Participant Daily Registration Report 2. Monthly Nutrition Services Report 3. Monthly Contribution Report Indicating Bank Deposits for Title III C-1 &Title III C-2 Programs 4. Equipment Inventory Sheets for each item costing $300.00 or more purchased with funds provided under this Agreement 5. Paid Food Bills. PAY PER MEAL PROVISION The County may, in its discretion, pay the Municipality an amount for each meal served in connection with the Program provided the Administration on Aging approves the same pursuant to such Agency's "Nutrition Services Incentive Program ". Municipality understands and agrees that all food purchased for the Program must be grown and produced in the United States. SUBCONTRACTING FOR FOOD The Municipality shall not assign, transfer, subcontract, or otherwise dispose of this Agreement or any right, duty or interest herein without the prior written approval of the County. The Municipality may subcontract for food, without obtaining approval from the County, where the Municipality does not produce food; provided, however, that (a)the County shall be promptly notified of each such food subcontract and shall retain the right to disapprove any such food subcontract for cause; (b) the Municipality and the food subcontractor shall execute the agreement annexed hereto and made a part hereof as Attachment 1; or some such similar agreement, the terms of which do not differ in any material respect from the terms contained in Attachment 1; and (c) a copy of such agreement is forwarded to the County immediately upon execution by the parties thereto. If the Municipality prepares its own meals on site, the Municipality is required to execute the letter annexed hereto and made a part hereof as Attachment 2. -24- Page 230 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ATTACHMENT 1 ��Jj CATERER AGREEMENT // A. FOOD VENDOR NAME: 140,et24.)ri C Cie ADDRESS: 257 AA tv,vutirOotck PVC 1111 exvMkibt1-etk N� /as VJ MUNICIPALITY NAME: toi- c>-( 114 awt-asrt vet.44. ADDRESS: 1'10 SSA 1`1jisf44-trn t'oS'� �`-d ' coweerSw2 C/ tuf /oS'13 CONTACT PERIOD: From (i i '23 To i Z�3t 23 ESTIMATED TOTAL AMOUNT OF CONTRACT: pr For Congregate Meals: $ I i ig O X For Home Delivered: $ 412/ 03a LOCATION OF MEALS PREPARATION SITE: 251 PA p t kw.(\an C ck-Ad{.1 /1/1&n c1Ok k( Al (the"Food Vendor's Address") NUMBER OF SITES SERVED: I c t-tb n'1 ESTIMATED TOTAL MEALS TO BE SERVED IN PROJECT YEAR: For Congregate Meals: a`ttt a ©CO. ,,� For Home Delivered Meals: �Q 0 CHARGE PER MEAL ACTUALLY SERVED: (Q}+' For Congregate Meals: $ 19 t 3 4 / For Home Delivered Meals: B. MUNICIPALITY AND FOOD VENDOR AGREE AS FOLLOWS: 1. Food Vendor shall provide an estimated ` meals per day on the following days: V Monday IV Tuesday V Wednesday 1/ Thursday U Friday th' Saturday N3 Sunday C-v-reSte5,, 2. The Food Vendor shall deliver such meals to Town 'c4 4 1 s ue -ter) `4. ,i d' .11 late l` "Municipality") in heated or refrigerated containers that will maintain hot food above 140 degrees F. ' r l and cold food below 45 degrees F. ``) d? `v The Municipality's Employees will assist in unloading heated and refrigerated containers from the transport vehicle. -25- Page 231 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 - 2023 NSIP ATTACHMENT 1 (CONT'D) CATERER AGREEMENT 3. The Food Vendor all have such meals ready for transport in heated and/or refrigerated containers no later than I :tao a.m. each day. 4. All meals will furnish one-third the Dietary Reference Intakes (DRIs)developed and published by the Institute of Medicine(IOM) and as required by the National Nutrition Program for the Elderly. 5. The following meal pattern will be adhered to, to insure meeting one-third DRIs: meat,fish, poultry (minimum of 2 oz. cooked edible portion not to include breading), vegetables and fruit (three 1 cup servings), grains/whole grains (2 servings, 1 ounce each, one serving must be whole grain), butter or margarine (1-2 tsp),and dairy (1 serving). 6. Westchester County Department of Senior Programs and Services will submit to the Municipality a menu containing a minimum of a six week cycle of meals approved by the project dietitian. The Municipality shall make its best efforts to adhere to this menu. In any event the Municipality shall adhere to the meal pattern requirements set forth in Paragraph 5. 7. The Food Vendor shall provide enough food, according to the meal pattern, to provide meals for an estimated 10 people per day which may include milk, bread, butter, napkins, salt, pepper, knives, forks, spoons and such other necessary items for an adequate table setting as set forth in the bid specifications, the terms of which shall be deemed incorporated by reference herein as if the same were set forth at length. 8. The Food Vendor shall prepare the food hot and ready to serve. Hot food must be at least 140 degrees F. and cold food 45 degrees F. when delivered by the transport vehicle. The Municipality's Nutrition Site Manager will check all delivered food as it arrives to insure proper food temperature and proper number of meals. 9. The Food Vendor will be open for inspection and program evaluation during the normal business hours by representative of local and State Departments of Health, local nutrition program, County and State Offices for the Aging, State Office of General Services, U.S. Administration on Aging, U.S. Department of Agriculture and General Accounting Office. 10. The Food Vendor shall meet all Federal, State and local health codes. 11. The Food Vendor shall be responsible for ensuring that all vehicles used in the transport for food prepared hereunder, are maintained in a clean manner. Such vehicles shall also be available for inspection by the agencies listed in Paragraph 9 above. 12. The Food Vendor will implement any recommendations made by the agencies listed in Paragraph 9. 13. The Food Vendor shall indemnify and save harmless New York State and Westchester County from any and all claim or claims whatsoever arising from or in connection with services rendered hereunder, including, but not limited to, claims resulting from poisoning caused by food pursuant to this agreement. -26- Page 232 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ATTACHMENT 1 (CONT'DI CATERER AGREEMENT 14. The Food Vendor shall provide evidence of those insurance policies required by the Municipality. 15. The Food Vendor shall post bond in the amount of one month's fees as security against default by the Food Vendor in the performance of its duties under this contract. 16. The Food Vendor shall adhere to the provisions of the Civil Rights Act of 1964 and all amendments thereto, Executive Order 11246 and 11375 as supplemented by 41 CFR Part 60 and agrees not to discriminate against any individual on the basis of race, sex, color, creed, age, religion, disability, marital status or national origin. 17. The Food Vendor shall provide the Westchester County Department of Senior Programs and Services with a cost breakdown of the food provided by raw food, preparedfood,transportation, and other costs attributed to the local project as New York State Office for the Aging (NYSOFA) and Administration on Aging may request. 18. The Food Vendor shall submit billings to the Municipality at the end of each calendar month for the actual number of meals prepared and any additional food prepared and delivered at the request of the Municipality's Site Manager during the said calendar month. 19. The Food Vendor agrees to retain records substantiating the basis for payment hereunder for a period of three(3)years following the final payment hereunder, and shall make such records available to representatives of the United States Department of Health and Human Services, the NYSOFA, the Westchester County Department of Senior Programs and Services and the Municipality. In the event one or more of the foregoing agencies commence an audit, or litigation or other action concerning the payments made under this contract, the Food Vendor shall retain such records until such audit, litigation or other action is concluded, or until expiration of the said three-year period, whichever is later. 20. The Food Vendor may terminate this contract at any time during its term without cause by giving not less than sixty (60)days prior written notice to the Municipality of the intention to terminate this contract and the specific termination date. 21. This contract may be terminated by the Municipality on thirty(30)days written notice to the Food Vendor whenever such termination is in the bestinterest of the Recipient. dm' The Food Vendor: i-2-csn 't"�( u c(Vite_ Co f e By: (Original Signature only)� � (Title) (Date) - The Municipality: . lovvw n 't- awtowrtk-'e�G... By: (Original Signature only) (Title) (Date) -27- Page 233 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP ATTACHMENT 2 REGIONAL KITCHEN AGR E E�4 AGREEMENT made this day of I , 20_by and between: a corporation of the State of New York,with its principal office at (hereinafter referred to as the"Preparer") and a corporation, of the State of New York, with its principal office at (hereinafter referred to as the"Recipient") WITNESSETH; WHEREAS,the Preparer and the Recipient wish to enter into an agreement for the preparation of Senior Citizens Nutrition Program Meals. NOW,THEREFORE,the parties hereto do mutually agree as follows: 1. The Preparer shall prepare approximately meals per day, Monday through Friday, excluding national holidays, from to , on the premises located at ("Preparation Site"), at a cost of$ per meal. 2. The Recipient shall be responsible for the pick-up of such meals at the Preparation Site and the delivery to the Recipient's distribution site. The Preparer's Nutrition Program Employees will assist in loading heated or refrigerated containers into the transport vehicle. 3. The Preparer shall have such meals ready for transport in heated and/or refrigerated containers no later than a.m. each day. 4. All meals will furnish one-third the Dietary Reference Intakes (DRIs) developed and published by the Institute of Medicine (IOM) and as required by the National Nutrition Program for the Elderly. -28- Page 234 of 346 ATTACHMENT 2 (CONT'DL REGIONAL KITCHEN AGREEMENT 5. The following meal pattern will be adhered to, to insure meeting one-third DRIs: meat, fish, poultry(minimum of 2 oz. cooked edible portion not to include breading), vegetables and fruit(three 1 cup servings), grains!whole grains (2 servings, 1 ounce each, one serving must be whole grain), butter or margarine (1-2 tsp), and dairy (1 serving). 6. Westchester County Department of Senior Programs and Services will submit to the Preparer a menu containing a minimum of a six week cycle of meals approved by the project dietitian. The Preparer shall make its best efforts to adhere to this menu. In any event,the Preparer shall adhere to the meal pattern requirements set forth in Paragraph 5. 7. The Preparer shall provide enough food, according to the meal pattern to provide mealsfor approximately people per day including milk, bread, butter and such other necessary items as deemed appropriate by both parties. 8. The Preparer shall prepare the food hot and ready to serve. Hot food must be at least 140 degrees F. and cold food 45 degrees F. when delivered by the transport vehicle. The Recipient's Nutrition Site Manager will check all delivered food as it arrives to insure proper food temperature. 9. The Preparation Site will be open for inspection and program evaluation during normal business hours by representatives of local and State Departments of Health, local nutrition program, County and State Offices for the Aging, State Office of General Services, U.S. Administration on Aging, U.S. Department of Agriculture and General Accounting Office. 10. Preparer will implement any recommendations made by the above-mentioned agencies in paragraph 9. 11. The Preparation Site shall meet all Federal, State and local health codes. 12. Recipients shall be responsible for ensuring that all vehicles used in the transport of food prepared hereunder, are maintained in a clean manner. Such vehicles shall also be available for inspection by the agencies listed in paragraph 9 above. Recipient will implement any recommendations made by the agencies in paragraph 9 concerning transport vehicles. 13. The Preparer shall indemnify and save harmless New York State and Westchester County from any and all claim or claims whatsoever arising from or in connection with services rendered hereunder, including, but not limited to, claims resulting from poisoning caused by food pursuant to this agreement. 14. The Preparer's posting of a bond in the amount of one month's fees as security against default by the Preparer in the performance of its duties under this contract is hereby waived by the Recipient. -29- Page 235 of 346 ATTACHMENT 2(CONT'D1 REGIONAL KITCHEN AGREEMENT 1. The Preparer shall adhere to the provisions of the Civil Rights Act of 1964 and all amendments thereto, Executive Order 11246 and 11375 as supplemented by 41 CFR Part 60 and agrees not to discriminate against any individual on the basis of race, sex, color, creed, age, religion, disability , marital status or national origin. 2. The Preparer shall provide the Westchester County Department of Senior Programs and Services with a cost breakdown of the food provided by raw food, prepared food, transportation, and other costs attributed to the local project, as New York State Office for the Aging and Administration on Aging may request. 3. The Preparer shall submit billings to the Recipient at the end of each calendar month for the actual number of meals prepared and any additional food prepared and delivered at the request of the Recipients Site Manager during said calendar month. 4. The Recipient agrees to pay all amounts due on said billings within two (2) weeks of the receipt of said billings. 5. The Preparer agrees to retain records substantiating the basis for payment hereunder for a period of three(3)years following the final payment hereunder, and shall make such records available to representatives of the United State Department of Health and Human Services, the New York State Office for the Aging, the Westchester County Department of Senior Programs and Services and the Recipient. In the event one or more of the foregoing agencies commence an audit, or litigation or other action concerning the payments made under this contract, the Preparer shall retain such records until such audit, litigation or other action is concluded, or until expiration of the said three year period, whichever is later. 6. The Preparer may terminate this contract at any time during its term without cause by giving not less than sixty (60) days prior written notice to the Recipient of the intention to terminate this contract and the specific termination date. 7. This contract may be terminated by the Recipient on thirty (30) days written notice to the Preparer whenever such termination is in the best interest of the Recipient. The Preparer: - By: (Original Signature only) (Title) (Date) The Recipient: By: (Original Signature only) (Title) (Date) -30- Page 236 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022—2023 NSIP REPORTING REQUIREMENTS Without limiting the right of the County to require additional reports and unless otherwise specified in writing by the County, the Municipality shall furnish the following reports to the County Department of Senior Programs and Services prior to the tenth (10th)working day of each month unless otherwise noted: 1. Job description reports for personnel employed during the term of this Agreement. 2. Resumes of persons employed. 3. A report of personnel benefit policies, including wages, hours, vacation and all other leave time and fringe benefits shall be submitted to the County by the first day of the second month of the program. 4. Monthly time sheets of staff to be maintained for audit purposes. 5. Such accounts and documents as will serve to permit expeditious determination to be made at any time of the status of funds within the award, including the disposition of all monies received from the Municipality and the nature and amount of all expenditures claimed against such funds. 6. At the request of the County, the Municipality will submit a written report describing the methods used to satisfy the service needs of low income minority individuals, and 'Section 306(4)(B)(i)' older individuals who are residing in rural areas, have greatest economic or social need (with particular attention to low-income minority individuals and older individuals residing in rural areas), have severe disabilities, have limited English proficiency, have Alzheimer's disease and related disorders with neurological and organic brain dysfunction (and the caretakers of such individuals), and are at risk for institutional placement, all as specified in Section 306(4)(B)(i) of the Older Americans Act of 1965, as amended. 7. Monthly Reports of service(s) provided, recipient population characteristics, and expenditures for the program. 8. Claims for expenses incurred in the provision of said services, accompanied by such registration forms or other documentation necessary to support claims for said expenses. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -31- Page 237 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES MUNI9ALIT 2023 TITLE IIIC & 2022—2023 NSIP ++o+l- m4onec VOUCHERING SYSTEM FOR UNIT-COST CONTRACTS The Department of Senior Programs and Services (DSPS) will track and monitor Municipality's service deliveries on a monthly reporting basis through the NAPIS (PEERPLACE) system. Vouchers shall be submitted each month for each specific service based on the reporting measure approved by DSPS. The Vouchering System will reimburse Municipality based on the calculated performance percentage for either number of people served or number of units served. Funding for subsequent years will be based upon service delivery performance of the previous program year. 1. Claims will only be paid based on summary reports in the PEERPLACE system. The number of elderly served and units provided for each service each month must be entered into PEERPLACE each month. The PEERPLACE data must agree with the claim amount for that month and that particular service. DSPS program staff will monitor fiscal claims to ensure the number of units or persons reported for the month corresponds to the PEERPLACE data. 2. A hard copy PEERPLACE report or other electronic hard copy report on the number of units and people served must accompany each claim form. DSPS program staff will sign off on each claim prior to fiscal processing. Monthly payments will be made on a unit cost basis or a per person cost basis only. 3. Payment will be capped at 1/12 of the total allocation each month. At the end of the year, adjustments will be made to the final claim to address extreme cyclical periods. 4. Claims for unit cost reimbursement or per person cost reimbursement for the provision of said services, must be accompanied by such registration forms or other documentation necessary to support claims for said expenses. -32- Page 238 of 346 WESTCHESTER COUNTY MU,NICIPALITY: DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 18w�of-�MAnta[M,e4. 2023 TITLE IIIC & 2022-2023 NSIP ELAN FOR AUDIT Describe the Municipality's plan for providing for an organization-wide audit no less than once every two years. If Municipality did not have an audit conducted during the preceding year it is required to have an audit conducted during the current year. An audit should cover the two preceding years, except in the case where audits are conducted annually. Audits are to be conducted in accordance with the "Guidelines for Financial and Compliance Audits of Federally Assisted Programs, and the Standards for Audit of Governmental Organizations, Programs, Activities and Functions." 1. When was the most recent audit conducted? -�- ZZ �--1 2. What time period was covered in the audit? 4. cAr'y Zo Z 2- becew.1,4r` 311 Z 3. Who conducted the audit? Name &Title o Ad/el-arc Name of Firm F R 6'rns_re1 CPAs, /�LLC 4. Was a copy of the audit forwarded to the Westchester County Department of Senior Programs and Services? lo•Oes () No- If NO, please do so. If Municipality will have an organization-wide audit conducted during the current year, describe below the plan for selection of an auditor, the period to be covered and the scope of the audit. If Municipality will not have an audit conducted during the current year, briefly describe below your future audit plans. -33- Page 239 of 346 WESTCHESTER COUNTY ' MUNICIPALITY/0 DEPARTMENT OF SENIOR PROGRAMS AND SERVICES I Ai...,..\-r itst WO'tech_ 2023 TITLE IIIC & 2022—2023 NSIP ADVOCACY AND RELATED ACTIVITIES This category includes the monitoring, evaluation, and commenting on all policies, programs, hearings and community actions which affect older persons,the conducting of public hearings on the needs of older persons, the representation of the interests of older persons to public officials, public and private agencies and organizations, and coordinating planning with other agencies and organizations, to promote new or expanded benefits and opportunities for older persons. Advocacy is not a service cateaorv, but is inherent in all services provided to the elderly. Please describe specific plans for advocacy activities in this program year for your agency: 11.4"---5.,a-r 1/14 r<4,...nivveck_ c....),1 f t" deg Vic -km. -ffiNly'cit 4)•rfel(A^ex-j--iliv) ASY.T4-inevt4 CV1A I re-('ern.-L 5 Ai:. ?f,y-.5 kv,o/5".1.1,V.a. gykArt CA--ivivly t -‘ (ieckdr qm,-4-1 . C ov-re-d-1 :st-t—t.---r:,..A 6-4/144--.(0 we c_/4. -pcilir)ii ct.1 e 5' te‘..trk Rfs -1-rw.^.rk...4_,tm Ito ae,...d -- -"1.1t4i -1 _,v1 b,r t nctiv,eatte c k in aliffe r- i 1,-- \ +y-Acc• ) sr 06, L a Yvie res4 +r,rs 4 64411sr ,_,, ,, ,_< ..--"rt).4-4e• 4) ilbraft9APc k. A lc 6 cef Es 6..4. cr,..i --,,r6 (41,./- eiad POntiS -( -) 4 1 5 nek a n Oa-56 IVA i.)itSi 5.' on he 14 Ric a co 0 l'OY-5- In 1-1,0 Covnisivtii stE.3 1") (p cesnit)r+ 114 vv. tJ11-1-- A VA i( a si a1:11• i- ,, cOv,„,t-4 riAt 1)3,0- c,liii, thecte'S'c- - tule.9{-41541 (.6\44-.) b t tt, o C ca. c Arr Pr --IAA'564e stel (Auvt• b-e(4, 61 fr7 ih. -Le c+c4.64e( Acta-0-1,k t ore,r, 4,4,.A- -f A -- .1c,k c 01-s At71-11,v, ((mil —Me eh rrt 4,c5 z r. 1J41 'c I-1S — Fro 0.4-ivi 4- nt,L., Acc. L. '--) ) 0 n i -141 C21r---46)e 11 13 Ft_ 4-5.s.-3- 7 .4 rc.,IA___st_ e:t . _H6st_ ok....v. d .\s„ ,c 4 4--.1.- k-kr,1,-( 9 17941.e a " rar , Pe 5 de.e.5 4 a ce•rvi'u-- Oa L Q c t a+v,41.4 ure et, -34- Page 240 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022—2023 NSIP EXECUTIVE ORDER 11246 1. The Municipality hereby certifies that it will comply with the equal opportunity clause contained in section 202 of Federal Executive Order 11246, as codified under 41 CFR 60-1.4, attached hereto 1 ay.x•nt 1/1( A4fA-d nt eek- Municipality Signature of Person Signing Agreement Date Title Name of Staff Person Designated to be the Affirmative Action Officer -35- Page 241 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP EXECUTIVE ORDER 11246 Cont'd During the performance of this contract, the Municipality agrees as follows: (1) The Municipality will not discriminate against any employee or applicant for employment because of race,color, religion, sex, sexual orientation, gender identity, or national origin. The Municipality will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex,sexual orientation, gender identity,or national origin. Such action shall include, but not be limited to the following: Employment, upgrading,demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Municipality agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Municipality will, in all solicitations or advertisements for employees placed by or on behalf of the Municipality, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Municipality will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Municipality's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Municipality will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor .The Municipality will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (5) In the event of the Municipality's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations,or orders,this contract may be canceled, terminated or suspended in whole or in part and the Municipality may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of (6) September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. -36- Page 242 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022 -2023 NSIP MUNICIPALITY STAFFING INFORMATION MUNICIPALITY STAFF: Paid staff assigned to programs/services in this schedule. Job Descriptions must be submitted with schedule, unless they are already on file with WCDSPS. (Employees/staff are defined as those persons for whom W2 forms are maintained. Persons receiving 1099 forms are not, for the purpose of this document, to be listed as employees).© 1. Total number of paid staff: 2. Full-time paid staff(30 hrs. or more per week): 3 3. Part-time paid staff(less than 30 hrs. per week): 5- 4. Total number of paid staff 60 years of age or older: 7 5. Total number of paid female staff: S 6. Total number of paid disabled staff: 0 7. Total number of paid minority staff: 2 a. Number of paid American Indian/Alaskan Native staff: 0 b. Number of paid Asian/Pacific Islander staff: 0 c. Number of paid Black staff not of Hispanic origin): d. Number of paid Hispanic staff: I e. Number of paid minority staff that fall under two or more of the above minority statuses () Municipality Volunteers Assigned to Projects in this Schedule: Aged 60+ S Minority 0 -38- Page 243 of 346 WESTCHESTER COUNTY DEPARTMENT OF SENIOR PROGRAMS AND SERVICES 2023 TITLE IIIC & 2022-2023 NSIP EXECUTIVE ORDER 11246 Cont'd (7) the Municipality will include the provisions of paragraphs(1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Municipality will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Municipality becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Municipality may request the United States to enter into such litigation to protect the interests of the United States. -37- Page 244 of 346 SCHEDULE "D" Westchester County Vendor Direct Program Frequently Asked Questions 1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER(EFT) ASSOCIATED WITH THE VENDOR DIRECT PROGRAM? There are several advantages to having your payments automatically deposited into your designated bank account via EFT: Payments are secure—Paper checks can be lost in the mail or stolen,but money deposited directly into your bank account is more secure. You save time—Money deposited into your bank account is automatic. You save the time of preparing and delivering the deposit to the bank.Additionally, the funds are immediately available to you. 2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS THEY WERE BEFORE VENDOR DIRECT? Yes. 3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days. 4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND WHAT IT IS FOR? Under the Vendor Direct Program you will receive an e-mail notification two days prior to the day the payment will be credited to your designated account.The e-mail notification will come in the form of a remittance advice with the same information that currently appears on your check stub,and will contain the date that the funds will be credited to your account. 5. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED? Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check received. 6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK ACCOUNT ON THE DATE INDICATED IN THE E-MAIL? In the unlikely event that this occurs, please contact the Westchester County Accounts Payable Department at 914-995-4708. 7. WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted.Please contact the Westchester County Accounts Payable Department at 914-995-4708 and we will e-mail you a new form. 8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM,WHY MUST I HAVE IT SIGNED BY A BANK OFFICIAL IF I DON'T INCLUDE A VOIDED CHECK? This is to ensure the authenticity of the account being set up to receive your payments. 1 Page 245 of 346 Westchester County•Department of Finance•Treasury Division Authorization is: (d:edk one) Westchester Electronic Funds Transfer (EFT) 33 New OV.COri3 ❑ Change Vendor Direct Payment Authorization Form o No Change INSTRUCTIONS: Please complete both sections of this Authorization form and attach a voided check. See the reverse for more information and instructions. If you previously submitted this form and there is no change to the information previously submitted,ONLY complete lines 1 through 6 of section 1. Section I-Vendor Information 1.Vendor Name: TOWN OF MAMARONECK 2.Taxpayer ID Number or Social Security Number. 1 13 16 10 10 17 1 3 10 12 3.Vendor Primary Address 740 W. BOSTON POST RD, MAMARONECK, NY 10543 4.Contact Person Name: Contact Parson Telephone Number: TRACY YOGMAN (914) 381-7850 5.Vendor E-Mail Addresses for Remittance Notification: tyogman@townofmamaroneckny.org 6.Vendor Certification: I have read and understand the Vendor Direct Payment Program and hereby authorize payments to be received by electronic funds transfer into the bank that I designate in Section Il.I further understand that in the event that an erroneous electronic payment is sent, Westchester County reserves the right to reverse the electronic payment.In the event that a reversal cannot be implemented, Westchester County will utilize any other lawful means to retrieve payments to which the payee was not entitled. 15 (, T Tracy Yogman — Comptroller 6/29/2023 _ Authoriz d Sig re Print Name/Rile Date Section II-Financial Institution Information 7.Bank Name: iPMorgan Chase Bank, N.A. 8.Bank Address: 925 Westchester Ave, Fl. 3, White Plains, NY 10604 9.Routing Transit Number. 10.Account Type: 0 1 2 I I i 0 10 0 I 0 1 2 11 tiled one) EP Checking Savings 11.Bank Account Number. 12.Bank Account Title: 428134535 13.Bank Contact Person Name: Telephone Number: Ed Muendell ,(914) 993-2264 14.FINANCIAL INSTITUTION CERTIFICATION(required ONLY if directing funds into a Savings Account OR if a voided check is not attached to this form): I certify that the account number and type of account is maintained in the name of the vendor named above. As a representative of the named financial Institution,I certify that this financial Institution is A CH capable and agrees to receive and deposit payments to the account shown. Authorized Signature Print Name I Title Date (Leave Blank-to be completed by I , Westchester County)-Vendor number assigned 1 Page 246 of 346 ; 1 , 1. 1 L.-— 1 t : , ; , I J 1_ IV PAt3E:1 OF 1 E VENDOR NUMBER VENDOR NAME CHECK NUMBER CHECK DATE CHEpk AMOUNT I. 2173 WESTCHESTER COUNTY 1000105 02/07/2023 $40.00 INVOICE DATE INVOICE NUMBER DESCRIPTION INVOICE AMOUNT 01/23/2023 01232023 - WC Fee for Processing X010-Matthew Harrigan $40.00 1 1 . f,. . ' g r 1 § -.., .7.4 -., A. . 1 — _ IF . .43/7 1?-1:7) d.........^ ........> a m *A E a .,, t„ ..._ ., . .... .. --. t. s.-- TOWN OF MAMARONECK . Vendor Number Chock Number Check Date • o ,...p.„ AGENCY FUND 1.mo 2173 1000105 02/07/2023 ',.--- 740 WEST BOSTON POST ROAD ' NOT VAUD AFtER BO DAYS z..S. ,,i • , -, MAN1ARONECK,NEW YORK 10543 % Forty Dollars And Zero Cents $40.0 A 4 g 2 Vi Pay To WESTCHESTER COUNTY F.,2The 04.1 -6,64.isti etf:4•••). .,'• ' ,- ; , 17,,Order OE WESTCHESTER COUNTYMP AUTHORIZED SidNATURE ..f.• gt 1 .1;141 4Ai«.11—tEL=:•— ..MP f. . ......AUTHORIZED.SOWITURE__,______. .._ _ _ Page 247 of 346 gm ri I nn n n no ily n innnn i e I- PR 141. c 4 511' r' g. .. 1 C LgI t. i :rt r[ 0 _t C • a. w `- jt ¢ . myI to v. 0 I C,y' m - .a o I!! z� la Z .. Qo- TOWN OF MAMARONECK o AGENCY FUND it 740 WEST BOSTON POST ROAD MAMARONECK,NEW YORK 10543 WESTCHESTER COUNTY WESTCHESTER COUNTY i i' ji'.• r pp,Y it 4 '1 T.,4,g, t r• 1 r�� U :r .t ,'i"' �j1Y. + '^ xf'' I :.,' ' 1i ip---4u i I-_ wf}'+''I- r7S -irir ,-$ /U ,t "L1 f=t .....i'/ ,.t t t .},L.y-�• �E11a e „:,. r • '� h {4y. "y P i}'f u .t.<liir'J n... i , r>S`S,i 7"tl �,�4...4k-v,v.t_oir : S 1 r d'.V' y� r•2„ ',A .x r r :�' Y;LT(f 7 1f `•y J' Y� V. '3� .7Y 1'7SI�� �r ti+ }y,' S� V1 c r!"3' „Y 4= aS,. .,A, S}ti}1 t'a: !, 'C"k.,'l. iL1:1 •1- I :Kt fyt9•�J L`1 r.+r. t� �^-•2'�+,x'st�.t'Zr rtr s •j; `,:t t-" .� �s. S.l a f;w.'w�.}`,. � ••,II1L', ` i l.'i7 X` ` T c.i' 3''."- a1. I . k`9 .t,=. 15,;-- ,x -r ?1L s r� `�• '"' `y _F O a {�} 1 - 1� e• j t 4r1 .4; ; -% k•4.'. j . '- .,.{. r • ''.. m„ r a.4.• . � _~. { itl •ry t / r g/�t�,,f•'J ,0f- a * Y,7 t• rr i•. Iti ,l a, , �H Lt s '/,. �; I>. c7 O 2 � al{� �, x / r t r` t 5h s.7x,+'G s y� r. rr.k ��' ,rYutS a. J '(r s. }�'w. ,"f�}•s l T'! A r I "l m c c �,,��!'��Yj '. ' ti7Ki..: Y 13,1 `.+5�'s.,IK!,!h 1 ,M.,,,. ,,, r3.Y r7tiz' „. .ts.•� •f!1rL1 • 7A",�Y tf, Sr;a. �I +� 1 y'�1 _y -, -A. `A. f'., :ty,(r'•r. :• •1•5‘, /.rit,A7r}i:•.1Z.�tsrk k 104 K x mil; •'1*1 li,7 g"gil."1 "?'�, 1 1 ? Si 1.rzs-• p. j, y��} ti, t yw a,ti,c 1. n:r�+t {x �. K s.ti t: * 1! • a r y r 'L i 4'•; " u�t `r-' fir: . 7`y-.r1lh'!a»Z. ", d ,Y 4 :;4 Yr„ lf{y i.i hr # V. y , y _ 2 m . Y 1.• -- 7.1 ,rf},}t !X�yM ,(.�5;4 S 'fb i/... ► )it...f •frt4-$ C 1.vT^►: S. .. %..a.Hy f•�..... �..;.�,.r1 t11. :.;sir h 2 an tMMo � 17. �T. 1 �!. �' L- ii 7. 'jy. O ' p ;„-• .A 11 .J ,.I r .*: '�/t{. t /L/v,,'', s 'V.pt 't'{r A,4 art ,, .-(''st:�ir 'i,.ti -(��;{i i r: ti � .G1�'a ti .T;r' g 0 - '1?4:,. i/" l ek ylkt 1''I tl f •I 4;-. J I f'�h ♦ r.,ANf • ;A..' u 'h`y� t .t s..F�•�i I ti f4f i s�. 0 i s A '::} A �r,F} 1A �(Ssi:: -;}. h ` '» r i . ',;;,.'. -r:e.-0}:7-' • .r�tf{.i.3.1lY 'tt-•••/•,+S.1,, e K rf.•-f..7 ."4`1 1-.7Y'p4. 'IS-'�A:.Y%'.1r•! '-IY. `f AS S Y'3. 1'1. 0 = , yr u ` i �, I... , 3: F•ryl^v "w::w��: x *".-i ;~.,r�.i .:r I.•:ve•-vsrl�r�'�r.Ill�Ys. z•i :,A•.r3:Y I p S IS.....`..r• 4r�'�n Zir.'v....i^''.,rv±: = 7; grs- o :A '3..". • • a 'Lt. six` ,r�,-fir^tL t.'��J: ?.4`' ,.%' "ttC !'. .,,r%-i:,„:,,,, ,e,, i i ..! i y in o .., !'I,,V J X;• '. 'A thu q.aug.T' 1Ttr t-,,i Y t s,f.�'► r ?a. i:.V l.. Y - e3. '- ),-A-. y:i•!. to ' y G'� " 1 11j+ }}� ,'p 1 fi}31''. d!•,-3 i..ti,,t -ftT ..ii..-(11 itc; i:. ii. i; ,."� {i :,..`,1:'7{ +i G�, -,��i::,,,.�f�4I' �1 to4:'I t. g s. t-Y•''r'1y / �• Y ”i it 'Al, :� �t�Kf 1c1..x"tf t�►a.. I 1. v1' t''rf tI "I,l-.{{of',. `. t Xvfk"7,�n r ��f! �4lP 4 C 7 'x::.aT N ','{S t.e. .lRrr'f J•h a IJ, k h.. �`FR h 1• ^i 'f h•.'✓ jll;;.Y p J.' E h.1 l► 1'( h m �n < .h Y,! 4 6.,/ t�.` �i._("'):... i'i • t) F,. rK } X..f. T ..'., I,L1Y :f. .(.�51�::-}Y th i'S+,LK 7?...rt'.7,9•GV- .1St, )r 7 ,''XX'/,\-t.: S. Sii"3.,i-gz, ..., w J ..„• ) I ..111a'•'� ,i �� 1VY�'...AC. /l+1'=.rA,r11"y,�1;7..t 'k• `1,-,49,.i"t':)%t`cFit,,'Y1,7•'ta..t% I Nl.7lY A. .,..1:i7I3 r, A..,,,,,".'a - a '.-I, x , ?er• .°-+� 'r .'1r,.l. 'sy-'4.--1, s".4.,• r rr x.i;r,t,tt tri i a IgtX Z ,:Ya,'S�t.).:t rs,...w,._,.. r '+r e..:I,i`/..z..r�. •, it'Ar '.:rt,:,3,;.Y�t d%i> a ti,,,fiL t:((`.�..y,.,-, 'Y; t.�.}yTy L V y"!_:i-r-d{. Ls"' e r**:'7 ,05. 1 C' ,(F'i li i3•ti n::.11. t 7tt, �r .!;..4 O V 4,• :{j .. Jk.. -a !i 7:'LTt7.K;.l..tt7r .,}r tAI,Vi r: 'r. r a..s.tiY. 'icy .•^r. r Ls,.•,Y. ti* syc� -;s. 'r 3 d ��,�j A1Iy� `:St r s t,>x;�{ 1�r ,. 1.• yell ,.. . S y ' l s.. :•{. ,..„ :,;1`x„.,�{�7.t;::si � 'f tit� `3?-.-,fig„`y't rk ji I,'"!/-'-'^ 'M :1• is ,MI.. :f It l t41. 1 tt',-• x/1$'1♦ ..11. "r1•x ,, 1,. a/•�%-J,ae�. ' if Sry_4 ;t/,„ it1`1,7 1, A: �'!it yp 'fil! ;R' vat r ,l:S.'� / t4 •i Q ".A}_K:�1h r•_ Sii�tc ,} • 'rah �* •. s i =`' y� ' �, !r (( rs? � I. 3'� YJt- �r: � 9A'r7S ��i,. A�Y'i"'17}Y+B, --rei" � , .. "1,'.lk KIs, Y• +„kK1,s,a."}r�n,i'1K•vc'3.40.6• t,nc.KS3, 1..,'91, eC.,t s,°•"}Y A.` tic..ii&mt'I; �>:Kvf'•� r r.i}t, ::}.-- :i, z 7t 'y, r�.irk`"�.YA 1;f,',.4$f=:•.;,1,4t1=4/213,.:...-Ivi.-1_,,,pi...,.,1-.2.ite.F. ' .�` 7�sc' 71.. '•, i':.h .l ti 1,'�'.• h Jl:i't3 9• 11 A w' ,`�•'^i ti fix. ,yr ",� v. r?�:=-� t 't � 'L�'a'�/-�ti � .,xk "" � - : 'tit !-'"'e ts.Sri I, t ' _ ♦ }z,z. .. / s_. x;• :j i t x! :Ft� t4"r �' h 4eir At , h ! r a l { rr r ti�ti+ Y�f x Y�t: �.4F is Fv�:u}K`'It . i 4'1f ra-a.., L,. ,e,. -t r,_ Y i-i x� ,tke'sgf. 1 �' .N72l.-�i . -7tJ.r 4. , tfi:i. e`-':�} 'x iv-i? `i k .• r:". . i�r 4► L, `s;••tY.�tY."L7 ..4 •1•ai' l 1}:. - Y .f."'r:?7.T.i Iti:.7f r{r7..r.1R Y."'S kt'�;71�^. .�y l'y�fll�?`Lr L,-," ♦ l-. > .-.1 41r: 1 '. t.y Q__de N011Vt1O183d11t 9IUS SIHI 3AOW32i ONV 3511333'0103 N3Hl g, ' Page 248fof 346 .Ji' IOW QI SID UI1h0 11,conic 7Af111M311 I. .- Westchester County•Department of Finance•Treasury Division Electronic Funds Transfer (EFT) Vendor Direct Payment Authorization Form GENERAL INSTRUCTIONS Please complete both sections of the Vendor Direct Payment Authorization Form and forward the completed form(along with a voided check for the account to which you want your payments credited) to:Westchester County Department of Finance, 148 Martine Ave, Room 720,White Plains, NY 10601, Attention:Vendor Direct. Please see item 14 below regarding attachment of a voided check. Section I-VENDOR INFORMATION 1.Provide the name of the vendor as it appears on the W-9 form. 2.Enter the vendor's Taxpayer ID number or Social Security Number as it appears on the W-9 form. 3.Enter the vendor's complete primary address(not a P.O. Box). 4.Provide the name and telephone number of the vendor's contact person. 5.Enter the business e-mail address for the remittance notification.THIS IS VERY IMPORTANT. This is the e-mail address that we will use to send you notification and remittance information two days prior to the payment being credited to your bank account We suggest that you provide a group mailbox(if applicable)for your e-mail address. You may also designate multiple e-mail addresses. 6.Please have an authorized Payee/Company official sign and date the form and include his/her title. Section II-FINANCIAL INSTITUTION INFORMATION 7. Provide bank's name. 8. Provide the complete address of your bank. 9, Enter your bank's 9 digit routing transit number. 10, Indicate the type of account(check one box only), 11.Enter the vendor's bank account number. 12.Enter the title of the vendor's account. 13.Provide the name and telephone number of your bank contact person. 14.If you are directing your payments to a Savings Account OR you can not attach a voided check for your checking account,this line needs to be completed and signed by an authorized bank official.IF YOU DO ATTACH A VOIDED CHECK FORA CHECKING ACCOUNT,YOU MAY LEAVE THIS LINE BLANK. NEW/CHANGE VEN EFF 9/68 3 Page 249 of 346 SCHEDULE "E" CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 1) In order to assure compliance with 2 C.F.R. Part 180, 2 C.F.R. Part 376, and other applicable law, the Municipality certifies that it, its principals, and affiliates (a) Are not presently disbarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any Federal department or agency; (b) Have not within a 3-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, including any violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) above; and (d) Have not within a 3-year period preceding this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default. 2) Where the Municipality is unable to certify to any of the statements in this paragraph, the Municipality shall attach an explanation to this certification. of Mak440“406it C(L Municipal Contracting Entity's Name Authorized Signature Name: Title: Date: 1 Page 250 of 346 SCHEDULE "F" Certification Regarding Drug-Free Workplace Requirements Grantees Other Than Individuals This certification is required by regulations implementing Sections 5151-5160 of the Drug- Free Workplace Act of 1988, 41 U.S.C. § 701, et seq. See 48 C.F.R. Subpart 23.5. The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and, (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and, (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: 2 Page 251 of 346 (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraph (a), (b), (c), (d), (e) and (f). ov-vt 4 I a v.44- r Ck. Organization Authorized Signature Title: Date: 3 Page 252 of 346 SCHEDULE "H" NEW YORK STATE OFFICE FOR THE AGING Contributions and Other Program Income Policy Page 253 of 346 SCHEDULE "G" CERTIFICATION OF RESTRICTIONS ON LOBBYING (Name and Title of Municipality/Subcontractor) hereby certify, to the best of my knowledge and belief, on behalf of k 0-U IA G Nr A rat-U.k. (Name of Firm) that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying efforts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed 31, U.S.C. § 1352. Any Form C-2 Continued person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Municipality,--TowkafawaraL , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Municipality understands and agrees that the provisions of 31 U.S.C. A 3801, et seg., apply to this certification and disclosure, if any. Signature of Municipality's Authorized Official Name of Municipality's Authorized Official Title of Municipality Authorized Official Date 1 Page 254 of 346 NEW YORK STATE OFFICE FOR THE AGING 2 Empire State Plaza, Albany, NY 12223-1251 Andrew M. Cuomo, Governor Greg Olsen,Acting Director An Equal Opportunity Employer PROGRAM INSTRUCTION Number: 18-PI-17 Supersedes: 81-TAM-III-B-6, 82-PI-III-17, 83-PI-III-B-35, 84-PI-6, 90-TAM-5, 90-PI-23, 92-PI-56, 92-PI-56, 03-PI-05, 14-TAM-01 Expiration Date: DATE: July 27, 2018 TO: Area Agency on Aging Directors SUBJECT: NYSOFA Contributions and Other Program Income Policy ACTION REQUESTED: Review this Program Instruction (PI) against local policies, procedures, and documents and make any necessary modifications to ensure that contributions and other program income received is appropriately solicited, collected, protected, and used to expand and support services. RESPONSE DUE DATE: There is no reply necessary at this time. However, Area Agencies on Aging (AAA) must comply with this policy. A review of local policies should be undertaken as soon as possible and appropriate corrective actions or policy enhancements must be made. PURPOSE: To ensure proper implementation of statutory and regulatory provisions for program income and to ensure that the necessary internal controls exist to properly account for and protect program income collected by the AAAs and their contractors. BACKGROUND: Section 315 of The Older Americans Act (OAA) deals with Consumer Contributions, i.e., Cost Sharing and Participant Contributions. Various laws and regulations, specifically including federal regulations at 45 CFR § 1321.67, state law at Section 214(4)(k) of the NYS Elder law, and state regulations at 9 NYCRR §§ 6654.5 and 6654.6, also impose requirements on program income. Page 255 of 346 I. Statutory and Regulatory References A. Section 315 of The Older Americans Act addresses consumer contributions, i.e., cost sharing and participant contributions. 1. Cost Sharing — Section 315(a) allows cost sharing for certain OAA-funded services provided that the state implements a cost sharing policy complete with a formal sliding scale to be used to determine each older person's share of the cost of the service. Section 315(a) also details several other requirements for a state implemented cost sharing policy including a provision that permits AAAs to request a waiver from the state policy. 2. Contributions -Section 315(b) of the OAA states that "Voluntary contributions shall be allowed and may be solicited for all services for which funds are received under this act provided that the method of solicitation is noncoercive. Such contributions shall be encouraged for individuals whose self-declared income is at or above 185 percent of the poverty line, at contribution levels based on the actual cost of services."AAAs and service providers may not means test for any service for which contributions are accepted or deny services to any individual who does not contribute to the cost of the service. OAA § 315(b)(4) requires AAAs to ensure that each service provider will: a) provide each recipient with an opportunity to voluntarily contribute to the cost of the service; b) clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary; c) protect the privacy and confidentiality of each recipient with respect to the recipient's contribution or lack of contribution; d) establish appropriate procedures to safeguard and account for all contributions; and e) use all collected contributions to expand the service for which the contributions were given and to supplement (not supplant) funds received under this Act. B. Federal regulations -45 CFR § 1321.67 imposes requirements on program income. C. NYS Elder Law § 214(4)(b)(3), as of the date of this policy's issuance, requires the NYSOFA Director to provide by regulation the requirements for any participant contributions and fee schedules used for community service projects and the manner for the accounting and use of any such revenue. Section 214(4)(k) requires NYSOFA to implement a cost sharing policy for in-home (housekeeping/chore and homemaking/personal care), ancillary, and non-institutional 2 Page 256 of 346 respite services provided under the Expanded In-home Services for the Elderly Program (EISEP). Section 214(4)(k) also requires cost share for EISEP-like in-home services and non- institutional respite services under the Community Services for the Elderly Program (CSE). NYSOFA regulations at 9 NYCRR §§ 6654.5 and 6654.6 impose requirements on program income under state funded programs. Section 6654.5 deals with participant contributions and Section 6654.6 provides program regulations for cost sharing called for under Section 541.4(k) of the NYS Executive Law. II. Definitions A. Program Income Income from sources other than federal or state grants. This would include, for example, private pay income and income from the sale of units to a Managed Long Term Care (MLTC) plan. This would not include fundraising, endowments, bequests or other gifts, or private grants. B. Types of Program Generated Income 1. Contribution — Unless specifically stated otherwise, the term contribution shall mean funds voluntarily paid to the AM or a contracted service provider by a service participant or their family member and/or caregiver at the time of or as a result of delivery of one or more services. 2. Cost Share -When used in this Program Instruction, unless specifically stated otherwise, the term cost share or cost sharing means a mandatory fee for in- home services, ancillary, or non-institutional respite services provided in accordance with EISEP standards. Such fees are based on the service recipient's income with allowances for factors such as housing expenses. 3. Sale of Assets Purchased with Grant Monies- Proceeds from the sale of assets that were originally purchased with grant funds and required matching funds. C. Terminology 1. Cash — Cash may refer to currency, checks, money orders, or a combination of any or all of the three. 2. Client—When used in this policy"client" will generally refer to the service recipient unless the term is somehow qualified to imply a different meaning. 3. Consumer—Consumer can be the service recipient or a family member or other caregiver. 3 Page 257 of 346 4. EISEP In-home Services, including consumer directed — Homemaking/personal care and housekeeping/chore services funded under the Expanded In-home Services for the Elderly Program (EISEP). 5. EISEP-like Services including consumer directed - Homemaking/Personal Care, Housekeeping/Chore, and non-institutional respite services funded under the Community Services for the Elderly Program (CSE). 6. Invoice —An itemized statement of services, which requires payment of a certain amount. 7. Payment(s) — Funds received by the AAA or contractor. Payments may be for contributions, cost sharing, or other purposes. 8. Service Provider—The AAA, a contractor of the MA, or a contractor of NYSOFA that administers programs to provide services to older New Yorkers and/or their families and other caregivers. III. Contributions A. General Standards 1. Contributions are not appropriate for all services. Those services for which there is normally a charge in the community should generate contributions. Other services may be inappropriate for the generation of contributions because they are typically free in the community (e.g., information and assistance or outreach). However, contributions can be accepted for all activities funded and/or operated by the AAA and for the general operation of the AAA and its contractors as well. Services for which contribution policies and procedures must be developed include: adult day services housekeeping/chore caregiver services legal assistance case management nutrition counseling congregate meals personal emergency response homemaking/personal care residential repair/renovation home-health aide shopping assistance home delivered meals transportation in-home contact and support assisted transportation health promotion AAAs can choose to develop contribution policies and procedures for other services as appropriate. 4 Page 258 of 346 2. Providers are not required to set either a suggested amount or a suggested range for contributions. Should the provider choose to set amounts, the suggested amounts should be based on the actual cost of services. 3. AAAs must consult with relevant service providers and older adults in the AAA's planning and service area to determine the best method for accepting contributions. 4. For OAA-funded programs, individuals whose self-declared income is at or above 185 percent of the poverty line must be encouraged to contribute at the actual cost of services. 5. Consumers of services must be informed of and provided with the opportunity to voluntarily contribute to the cost of the services funded by any program administered by or through NYSOFA. However, if the service recipient is required to cost share, no contribution shall be solicited for that service. 6. Caregivers can similarly be informed of the opportunity to voluntarily contribute. 7. Consumers of services must be informed of the purpose for and use of contributions (see Section VII of this policy). 8. No service recipient may be denied a service because of inability or unwillingness to contribute. 9. Periodic communications about contributions may be sent, with a frequency not to exceed once per month for the same service to the same client. 10.Providers are required to allocate contributions to expand the service for which it was given. 11.Contributions for multiple services received at one setting or in one continuous sequence must be accounted for with consideration for the program requirements of the program funding the services, the most predominant requirement being to expand services under the program that funded the original service. If the various services are funded under one program, e.g., CSE, the client may be advised to make one contribution for all services received. If the services are provided under more than one program, they must be accounted for separately by some means, e.g., color coded envelopes. If contributions are received for contracted services, and funding is provided under an Older Americans Act program, all contributions must be accounted for and utilized by the contractor that has provided the applicable service. Potentially, these requirements may make it difficult to account for 5 Page 259 of 346 contributions when multiple services are provided. AAAs are encouraged to discuss the more complex situations with their assigned program and/or fiscal NYSOFA staff. 12.When a special event (holiday party, picnic, etc.) is reported as a congregate meal all contribution requirements relating to a congregate meal must be applied to the special event. In addition, if federal and/or state funds (including county funds as match) are used to fund part or all of the event, all requirements specific to the funding stream(s) utilized must be followed. B. Establishing Suggested Contribution Amounts 1. The suggested amount for contributions may not exceed the cost of the service. 2. Actual costs must be considered in setting the suggested contribution level. 3. Recommended contribution amounts are to serve only as guides to service users and are not to be used in a coercive manner. 4. Service providers should not attempt to support the entire program from contributions. 5. AAAs must consider the income ranges of older adults in the AAA's planning and service area and the service provider's other sources of income when the AAA is developing a contribution schedule. 6. Suggested contributions may be either: a) Fixed or flat rate not to exceed the cost of the service (e.g., $3.00 per meal, $1.50 per trip or zone); or b) Sliding scale contribution. At the top of the scale, the suggested contribution would be set at the full cost of service for those with incomes of 185% or more of the Federal Poverty Level (FPL). In setting up schedules, be realistic about the maximum and minimum points of the scale. 7. Program/Service Specific Information. a) Congregate and Home Delivered Meals: Electronic benefit transfers (EBT) under the Supplemental Nutrition Assistance Program (SNAP) program may be accepted for Congregate and Home Delivered Meals contributions. b) Cost Share Services: 6 Page 260 of 346 Contributions cannot be solicited from an individual who pays a cost share for that specific service. C. Methods for Informing Individuals of the Opportunity to Contribute 1. Regardless of the medium used to relay the contributions request, AAAs should take the same care with all communications. These rules apply to any request for contributions. 2. Communications, electronic or otherwise, may include information concerning services and contribution policies and may request but not demand contributions from individual consumers. 3. When discussing contribution amounts, AAA or contractor staff may advise service recipients of the actual cost of the service, suggested contribution amount (if any), and the opportunity to make a voluntary contribution. Materials reflecting suggested contribution levels, e.g., sliding fee scales, service costs, etc., may be given to the client for guidance. 4. Great care must be taken in the development and use of statements of actual costs of services to ensure that they are not perceived as being coercive or resemble an invoice or bill in any way. 5. Any reference related to a suggested contribution amount that implies a fee, e.g. "you should pay," "you ought to be able to afford," or"your fair share is," is prohibited. 6. For those services for which contribution policies and procedures are developed, methods of informing participants include the use of letters, signs, and other materials. 7. Communications, printed or electronic, from AAAs and/or contractors specifically soliciting contributions, a) must meet the following requirements: i. Due recognition must be given to the source of the program funds, generally the US Department of Health and Human Services - Administration on Community Living (ACL) and/or NYSOFA. If other entities provide funding, e.g., County Government, it would be reasonable to give them due recognition also. ii. A statement that explains that contributions made as a result of receiving service(s) are completely voluntary and that services will not be affected because of an inability or unwillingness to contribute. 7 Page 261 of 346 iii. If a suggested contribution amount is included, it must be clear it is only a guide and, if participants choose to contribute, their contribution should reflect their own circumstances. However, individuals whose self-declared income is at or above 185% of the FPL shall be encouraged to contribute at the actual cost of services. iv. An explanation of the purpose for and use of contributions, and that all contributions are to be used to expand the service for which the contributions were given. b) may include: i. The amount of the suggested contribution for specific services. ii. Information on the full cost of the service. iii. A statement that a receipt may be provided for contributions made. c) must not include: i. Use of the word "donation" when referring to a "contribution." ii. Using the word "free" to describe a service which is funded under the Older Americans Act or the New York State Elder Law. iii. Language that suggests there will be any consequence because the client decided not to contribute. iv. Language that suggests that income is a factor in determining eligibility for a program. v. Any indication that the contribution will be tax-deductible. vi. Terms such as "amount due," "your fair share," or any other language that suggests the recipient is required to pay an amount. d) Written communications soliciting contributions may not be distributed more than once a month for the same service to the same client. 8. Signs. a) Signs may be used at the point of service (e.g., transportation, health promotion activities). b) When a sign is used, it must: 8 Page 262 of 346 i. State the voluntary nature, purpose, and use of contributions; and ii. Give credit to the funding sources, e.g., ACL, NYSOFA, the county, etc. c) A sign may state: i. The suggested amount of contribution; and ii. The actual/approximate cost of the service. d) For Congregate Nutrition Sites: i. Signs are required. ii. Signs must state the suggested amount of contribution, including the full cost of service and/or guest meal. IV. Cost Share- Under the EISEP and CSE programs - certain clients who receive EISEP or EISEP-like services other than case management must cost share according to the sliding scale developed by NYSOFA. Cost sharing policy is extensively documented in the EISEP standards and regulations and the cost sharing forms and income levels are updated on an annual basis. Therefore, this policy will only address cost sharing from the standpoint of proper accounting and safeguards for cash received. V. Sale of Assets Purchased with Grant Funds A. When selling or trading assets purchased with state or federal grant funds, the overriding principle is that the proceeds from the sale (i.e., income) will stay with the program where the funds to purchase the asset originated. B. If the program funding used to purchase the asset no longer exists, the proceeds from the sale must be used in other programs administered by the AAA or contractor that meet the same need or serve the same program area. C. If the asset was sold or traded-in to acquire a replacement asset, the replacement asset must be used for substantially the same purposes as the asset being disposed. D. The NYSOFA Equipment Inventory & Disposition Form is designed to account for the original funding for the purchase of the asset and to eventually document and account for the disposition of the asset. It also provides very good documentation for an agency's inventory purposes. A copy of this form can be obtained from the fiscal team at NYSOFA. 9 Page 263 of 346 VI. Confidentiality A. Program-generated income must be handled in a manner that protects the privacy and confidentiality of all individuals. Envelopes may be made available for participants to make contributions. They may be encoded to facilitate accounting for contributions by program or service, but not so that the contributor can be identified. B. Cost share income is not confidential as the payee's identity must be known by the AAA or its contractor so that proper accounting records can be maintained. However, the financial information known about the program recipient may never be used for any purpose other than calculating or collecting the required cost share amounts or determining eligibility for participation in other program(s). VII. Use of Income A. Expansion of Services. 1. All program-generated income must be utilized to expand or support services delivered under the program for which it is collected. a) For all Older Americans Act programs, contributions must be used to expand the services of the provider that collects the contributions. Under state programs and federal programs not regulated by 45 CFR § 1321.67 (i.e., not established under provisions of the OAA), service expansion must comply with item VII.A.1. above although not necessarily at the same service provider. b) One exception to this rule is cost share receipts collected under EISEP, which may be transferred to CSE and used to expand CSE services. 2. All program income must be utilized to expand or support services during the program period in which it is collected. If a service is provided during the 12th month of a program period and a contribution is received by the service provider in the first month of the subsequent program year, services must be expanded in the latter period. Program income may not be accumulated and used to form a fund balance. B. Use of Income as Match. 1. Income generated through the provision of services funded by Older Americans Act-funded programs may not be used for local matching purposes. 2. Contributions generated under CSE and EISEP can be used as a "match of last resort."The term "match of last resort" implies that without using these contributions as match, there are not sufficient local funds available to match the state grant, services to older New Yorkers would need to be curtailed, and state funds would go unexpended. When local funding is available to match l0 Page 264 of 346 CSE and EISEP, contributions may not be used as match. 3. Cost share receipts may not be used as local match under NYSOFA's current cost share policy. VIII. Safeguards for Program Income A. Except as provided in paragraph B below, all paid staff members, both AAA and contractor staff, who handle program income must be bonded with the exception of government employees (who are already covered) and attorneys providing legal services (who already operate under standards for client funds contained in the Rules of Professional Conduct, enforced by the Appellate Divisions of the Supreme Court). Bonding is insurance against the misappropriation of funds. Should there be a theft, the bonding company will cover the losses (subject to potential limits and deductibles) so that the programs for older adults will not suffer. Agencies can obtain a "Blanket Fidelity Bond"for all employees. Volunteers who jointly count program income with a staff member are not required to be bonded. A volunteer must never count program income without a bonded employee present. B. As an alternative to bonding, a provider may obtain a commercial insurance policy that would cover losses arising from employee theft. If a provider has an insurance policy covering for losses due to employee theft, fraud, or embezzlement, the AAA may accept such proof of insurance coverage as a substitute for bonding. If a provider seeks to use insurance as a substitute for bonding, the provider should be required to produce proof of such insurance to the AAA. The AAA is responsible for verifying that the insurance coverage is a comparable substitute for bonding of provider staff and is adequate to safeguard program income. C. After program income is initially counted and recorded on cash receipts logs (or ledgers), the fewest possible number of people must handle cash. Staff preparing cash receipts for deposit should count the cash and reconcile it to the cash receipt logs before preparing the deposit. Discrepancies should be explained and corrected. D. Program income must not be taken home. The entire amount of program income collected should be deposited in a bank on a daily basis. When this is not possible, funds must be stored in a secure location at the AAA or contractor office daily and deposited in a bank no less frequently than weekly. E. Under no circumstance will it be acceptable to make withdrawals or loans or cash checks from program income received. The entire amount of the program income collected must be deposited into a bank account and then used for the purpose intended, i.e., expansion or support of program and services. F. Periodic, but no less than monthly, reconciliations of cash receipt records (certifications of daily contributions and cash receipt logs), deposit slips and bank statements must be performed and any discrepancies investigated and explained to 11 Page 265 of 346 the AAA Director's satisfaction. When possible, the person performing these reconciliations should not be involved in collecting, counting, or depositing the program income. G. Records of program income received at congregate sites, on each meal and transportation route, and in the service provider or AAA office should be maintained and periodically analyzed. Irregularities should be brought to the AAA Director's attention. H. Variations in safeguards for handling different types of program income that is collected in different settings. 1. Contributions Collected in a Congregate Setting. a) Contributions must be deposited into a locked box by the program participant. For confidentiality purposes, envelopes may be provided to the participants. b) Congregate Meal staff/volunteers should not have access to the contents of the locked box other than to count contributions at the end of the meal service. Contributions must be jointly counted daily by at least two people, as described in VIII.A above. c) Each person counting the contributions must sign a form certifying the amount collected for each day. If contributions are received for services funded by more than one program (e.g., Ill-C-1 and WIN), the accounting system must capture the amount of contributions generated by each program. 2. Contributions Collected by Home Delivered Meal Route Drivers. a) Contributions must be deposited into a locked box. The deposit should be made directly by the service recipient when possible. When it is not possible or practical for the service participant to place the contribution into a locked box, the contribution should be given to the person delivering the meal in a sealed envelope that can be placed in the locked box upon return to the vehicle. The driver must not have access to the contents of the locked box. The locked boxes should be returned to the AAA or contractor at the end of each route. b) The locked boxes must be opened at the AAA or contractor and counted daily by two staff members when possible. Each person counting the program income must co-sign a form certifying the amount of cash counted for each day. If contributions are received for services funded by more than one program (e.g., III-C-2 and WIN), the accounting system must capture the amount of contributions generated by each program. 12 Page 266 of 346 c) When feasible, drivers should be rotated among routes. 3. Contributions Collected by Transportation Drivers. a) Contributions must be deposited into a locked box. The deposit should be made directly by the senior when possible. For confidentiality purposes, envelopes may be provided to the participants. The driver must not have access to the contents of the locked box. The locked boxes should be returned to the AAA or contractor at the end of each route. b) The locked boxes must be opened at the AAA or contractor's office and counted daily by two staff members when possible. Each person counting the program income must co-sign a form certifying the amount of cash counted for each day. If contributions are received for services funded by more than one program (e.g., Ill-B and CSE), the accounting system must capture the amount of contributions generated by each program. c) When feasible, drivers should be rotated among routes. 4. Contributions, Cost Share, and Other Income Received at AAA or Contractor Offices. a) Program income received through the mail or dropped off at AAA or contractor offices should be recorded in ledgers by the staff person receiving and opening the mail. Receipts should then be forwarded to appropriate staff for preparation for deposit. 5. Contributions Collected by Legal Services: In regard to the Legal Assistance Program, there are exceptions to some of the general requirements for contributions. These are: a) Bonding: Because all attorneys operate under standards for client funds contained in the Rules of Professional Conduct, enforced by the Appellate Divisions of the Supreme Court, it is considered unnecessary for the attorneys to obtain performance bonds. This should not be considered in any way to lessen the obligation to account for contributions; these funds should be treated in the same manner as client funds, and should be accounted for according to normal budgeting requirements. b) Daily counting of contributions: Because the provisions of the New York Rules of Court and the Rules of Professional Conduct are applicable to this area, daily reporting is considered unnecessary. 13 Page 267 of 346 c) In all other respects, the contributions policy for legal assistance must conform to the requirements of this policy on program income. I. Receipts shall be provided upon request of the service recipients or those acting on their behalf. IX. Accountability For All Program Income: An audit trail of all incoming program income must be maintained by program (e.g., Ill-B, Ill-C-1, CSE). Within EISEP and CSE, contributions and cost share must be accounted for separately. The ledger and supporting documentation (e.g., deposit slips, certified forms, etc.) must provide a clear audit trail so that at any given time it is known how much and what type of income has been collected from each program. Whenever possible, accounting records must be kept by someone not involved in handling cash receipts. X. Fundraising Activities A. Fundraising activities aimed at the general public are permissible and encouraged. However, as noted below, the cost associated with fundraising activities is not allowable under NYSOFA administered grant programs but the costs may be offset against the revenue derived from the fundraising activity. 1. 2 CFR § 200.442(a) applies to both municipalities and not-for-profit organizations. It states that"Costs of organized fund raising, including financial campaigns, endowment drives, solicitation of gifts and bequests, and similar expenses incurred to raise capital or obtain contributions are unallowable. Fund raising costs for the purposes of meeting the Federal program objectives are allowable with prior written approval from the Federal awarding agency. Proposal costs are covered in § 200.460 Proposal costs." B. Donations that are not received as a direct result of a delivery of a service may be used as appropriate under the laws governing their type of organization (i.e., Municipal Law or Not-for-Profit Incorporation Laws). These donations may come from fundraising activities or as an unsolicited gift. XI. Approval of Contractor Program Income Procedures - Procedures used by AAA contractors to implement these policies are subject to prior approval by the AAA. PROGRAMS AFFECTED: ►1 Title III-B ®Title III-C-1 ®Title III-C-2 ®Title III-D ®Title III-E ►� CSE ®WIN 0 Energy ® EISEP ® NSIP ❑Title V 0 HIICAP ❑ LTCOP ❑ NY Connects ® Other:Any NYSOFA program which generates Program Income CONTACT: Aging Services Representative 14 Page 268 of 346 SCHEDULE "I" NEW YORK STATE OFFICE FOR THE AGING STANDARD ASSURANCES ATTACHMENT A The 2023-24 ANNUAL UPDATE to the 2020-24 THE FOUR-YEAR PLAN April 1, 2023- March 31, 2024 Page 269 of 346 New York State Office for the Aging ATTACHMENT A The 2023-24 Annual Update to the 2020-24 FOUR YEAR PLAN STANDARD ASSURANCES April 1,2023-March 31,2024 1 Page 270 of 346 The Standard Assurances included in this 2023-24 Annual Update(hereafter collectively referred to as"Annual Update")shall be effective April 1, 2023. Standard Assurances Applicable to All Programs 1. Statutes, Regulations, and Policies: The area agency on aging (AAA) assures that all its activities under this Annual Update shall conform with all applicable Federal, State, and local laws, and with Federal and State regulations, and program standards and Program Instructions (Pis) of the New York State Office for the Aging (NYSOFA) that apply to such activities.Applicable laws include but are not limited to the following: Federal Statutes, Regulations, and Policies The Older Americans Act(OAA)of 1965, as amended (42 U.S.C. §3001, et. seq.) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) 2 CFR Part 376 (Nonprocurement Debarment and Suspension) 2 CFR Part 382 (Requirements for Drug-Free Workplace (Financial Assistance)— implementing 2 CFR Part 182) 45 CFR Part 75 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for NHS Awards) 45 CFR Part 80 (Nondiscrimination Under Programs Receiving Federal Assistance Through the Department of Health and Human Services Effectuation of Title Vi of the Civil Rights Act of 1964) 45 CFR Part 84 (Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance) 45 CFR Part 93 (New Restrictions on Lobbying, see 91-PI-05(01/24/91]) 45 CFR Part 1321, Subparts A-D (Grants to State and Community Programs on Aging) Age Discrimination in Employment Act of 1975, as amended (29 U.S.C. § 621, et seq.) Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101, et seq.)and implementing Federal regulations (28 CFR Parts 35 and 36) and 17-PI-21 [08/04/17]. Civil Rights Act of 1964,Title VI, as amended (42 U.S.C. §2000d, et seq.) Equal Employment Opportunity Act of 1972, as amended (42 U.S.C. §2000e, et seq.) Equal Pay Act of 1963, as amended (29 U.S.C. § 206) Hatch Act (5 U.S.C. § 1501, et seq., Political Activity of Certain State and Local Employees) Home Energy Assistance Act of 1981,as amended (42 U.S.C. §8621, et seq.) Rehabilitation Act of 1973, Section 504 (29 U.S.C. § 794, Nondiscrimination under federal grants and programs) 2 Page 271 of 346 Single Audit Act Amendments of 1996(31 U.S.C. § 7501, et seq.) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601, et seq.) Office of Management and Budget(OMB): OMB Circular A-102 (Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments)codified at 2 CFR Part 200 OMB Circular A-133 (Audits of State and Local Government and Non-Profit Organizations)codified at 2 CFR Part 200.500 Federal Executive Order 11246, as Amended by Executive Order 11375(Affirmative Action), as Amended by Executive Order 12086 (Consolidation of Compliance Functions),and as Amended by Executive Order 13279 (Equal Protection for Faith-Based and Community Organizations) Executive Order 13166(Improving Access to Services for Persons with Limited English Proficiency) HHS Grants Policy Statement(U.S. Department of Health and Human Services) https://www.hhs.gov/sites/default/files/grants/1rants/policies- reaulations/hhsgps107.pdf State Statutes, Regulations, and Policies New York State Elder Law New York State Office for the Aging Rules and Regulations (9 NYCRR Parts 6651, 6652, 6653, 6654, 6655, and 6656) Executive Law,Article 15(Human Rights Law) Executive Law,Article 7-A (Solicitation and Collection of Funds for Charitable Purposes) All NYSOFA Pls (httpsi/aaina.n v.aov/ProvidersandStaff/lssuances/lssuances.cfm) 2. Program Implementation: The AAA identified in this Annual Update has the authority and the responsibility for effective implementation of Title III of the Older Americans Act (OAA), Community Services for the Elderly (CSE), Expanded In-Home Services for the Elderly Program (EISEP), Congregate Services Initiative (CSI), Wellness in Nutrition (WIN), State Transportation Program, Health Insurance Information Counseling and Assistance Program (HIICAP), Unmet Need, and Caregiver Resource Center (CRC) programs This AAA agrees to carry out directly or through contractual or other agreements, programs in its planning and service area(PSA)as detailed in this Plan, and in its Title III-B, Title III-C,Title III-D, and Title III-E, EISEP, CSE, CSI, WIN, State Transportation Program, HIICAP, Unmet Need and CRC Applications for Funding (Applications). 3. Changes to this Annual Update: The AAA assures that it shall submit for approval to NYSOFA necessary documentation for changes, additions, or deletions to this approved Annual Update, and the Title III-B, Title III-C, Title III-D, Title Ill-E, EISEP, CSE, CSI, WIN, 3 Page 272 of 346 State Transportation Program, HIICAP, Unmet Need, and CRC Applications. 4. Utilization of Funding: The AAA understands and agrees that it shall apply only for funds which are necessary to meet the specific needs of older adults and caregivers within its PSA for the next year and understands that NYSOFA will not award any funds which cannot be so utilized. 5. Approved Costs, Budget Modifications: A. Expenditures:The AAA agrees that expenditures shall be made only for authorized items of expense contained in the budget section of the approved Applications. Cost overruns for an individual budget category for authorized items of expense are allowed up to both $1,000 and 10%of the budget category if the total costs do not exceed the total amount of the grant. When expenditures in excess of$1,000 for items not previously budgeted (e.g.,equipment,personnel,or contractor items)become necessary,the AAA shall submit a written request to NYSOFA and await NYSOFA approval before making such expenditures. If costs for an individual budget category exceed the budgeted amount by both $1,000 and 10%, a budget modification must be approved in writing by NYSOFA before these costs will be reimbursed. (See 05-PI-09[6/15/05]). B. Equipment Disposition: If equipment costing $1,000.00 or more is purchased with any Federal or State funds under this Annual Update,and the equipment is no longer needed for activities supported by such programs, NYSOFA reserves the right to select a recipient for and approve the transfer to such recipient of such equipment,which must be used for services to older adults and caregivers. 6. Vouchering: The AAA agrees that state vouchers submitted for reimbursement of expenses incurred in the conduct of this agreement will not include any expenses which have been, or will be, reimbursed from other sources(e.g., other federal or state funds). The AAA shall file claims for all payments on a timely basis in accordance with procedures promulgated by NYSOFA. The AAA agrees to accept payments electronically as required by New York State (NYS) for expenses incurred and will enroll in the Office of the State Comptroller (OSC) electronic payment program, unless a request for Exemption from Electronic Payment is approved by NYSOFA. 7. Access to Records: The MA agrees to maintain appropriate programmatic and fiscal records for the programs included under this Annual Update. Such records must be retained for six years after receipt of final payment. Authorized representatives of the Administration for Community Living(ACL),OSC or an authorized representatives and staff of NYSOFA shall have access to and right to examine all books, documents, and all pertinent materials of the AAA related to the programs included under this Annual Update. In addition, the AM shall provide access to other federal and state governmental agencies at the request of NYSOFA. 8. Indemnification: The AAA agrees to hold NYSOFA and NYS harmless and indemnify it from liability for actions the AM takes under this Annual Update. In the event any claim is made or any action is brought against NYSOFA or NYS, arising out of negligent or careless acts or any neglect, fault or default of an employee, agent, independent contractor, trustee or volunteer of the AM, either within or without the scope of his/her employment or scope of authority, or arising out of the AAA's negligent performance, NYSOFA shall have the right to withhold further payments for the purpose of set-off in sufficient sums to cover the claim or action and accompanying litigation costs. The rights and remedies of NYSOFA provided for in this Standard Assurance shall not be exclusive and are in addition to any other rights and 4 Page 273 of 346 remedies provided by law or under this Annual Update. 9. Personal Client Information: The AAA agrees that personal information relating to individuals who apply for or receive services pursuant to this Annual Update shall be kept confidential by the AM and shared on a need-to-know basis only with AAA and contractor staff for purposes of providing programs and services. Such information can be shared with entities outside those involved in delivering programs and services only with the informed consent of the individual served or pursuant to a court order or when there is deemed to be actual and immediate danger to the health or welfare of the individual. 10.Contracts: 10.1 AAA Responsibilities for Contract Administration. A. Minority and Women Owned Business (M!WBE) Contracts: The AAA assures that it will comply with all federal, state, and local laws regarding opportunities for minority owned/operated and women owned/operated organizations. B. Service-Disabled Veteran-Owned Businesses(SDVOB)Contracts: The AM assures that it will comply with all federal,state,and local laws regarding opportunities for service- disabled veteran-owned businesses(SDVOB) organizations. C. Technical Assistance: The AM shall provide technical assistance and information in a timely manner to all contractors. D. Contract Approval: The AM shall enter into formal contracts in accordance with the Contractor Roster contained in this Annual Update. All contracts shall be written in accordance with federal, state, and local standards and a copy of the fully executed contract (including budgetary information) shall be forwarded to NYSOFA no later than thirty(30)days after the execution date of the contract.The AM shall maintain contracts for all contractors as well as supporting documentation for all vouchers from contractors in accordance with the Section 7,Access to Records. herein. The MA when contracting with a business entity(rather than a non-profit organization)for the delivery of OAA and/or CSE services shall comply with the review process established by NYSOFA. E. Contract Monitoring: The AAA shall monitor its contractors to ensure that contractors perform in accordance with the requirements of federal, state, local laws and regulations, and guidance documents (including AoA/ACL and NYSOFA Pls, Technical Assistance Memoranda, and Information Memoranda) and this Annual Update and make expenditures only for authorized items of expense contained in the approved budgets.The AAA shall further ensure that if and when other than authorized expenditures become necessary, the contractor shall request and await AAA approval before incurring such expenditures. The AAA shall make any necessary budget modifications and shall submit a copy to NYSOFA within 30 days of Its effective date. F. Funding Limitations:The AAA may enter into a contract that extends beyond the renewal date of an Application. In entering into a contract beyond the renewal date of an Application, the AAA should not make a commitment that may exceed the next year's annualized funding level, and the contract must state that It is contingent upon the provision of funding to the AAA in the subsequent year. G. Data and Programming: The MA assures that any service, product, report, or other 5 Page 274 of 346 information generated by a computer or otherwise supplied under this Annual Update provided by the AAA to NYSOFA, or other state or federal agencies shall, when used In accordance with supplied documentation, be able to accurately process date/time data (including,but not limited to,calculating,comparing,and sequencing)transitions,including leap year calculations. Any services or products purchased with funds under this Annual Update shall come with a warranty that those services shall be provided in an accurate and timely manner without interruption, failure, or error, due to inaccuracy of the service's or product's operations in processing date/time data (including but not limited to calculating, comparing, and sequencing)various date/time transitions including leap year calculations. The supplier of such services shall be responsible for damages resulting from any delays, errors or untimely performances resulting therefrom, including but not limited to the failure or untimely performance of such services. I-i. Conformance with This Annual Update: The AAA agrees that all contracts, including contractor's subcontracts, funded under this Annual Update shall contain a provision that the work will be performed in accordance with the terms of this Annual Update,and further agrees to make such Annual Update available to its contractor for such purposes. I. Integrity and Public Purpose: The AAA shall maintain the integrity and public purpose of services provided, and service providers, under the OAA in all contractual and commercial relationships. J. Disclosure of Contractors and No Diminishment of Services: The AAA shall: 1) disclose to the Assistant Secretary of the AoA/ACL and the Director of the State agency: a) the identity of each non-governmental entity with which such agency has a contract or commercial relationship relating to providing any service to older adults;and b) the nature of such contract or such relationship; 2) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under the OAA by the AAA has not resulted and will not result from such contract or such relationship; and 3) demonstrate that the quantity or quality of the services to be provided under the OM by the AAA will be enhanced as a result of such contract or such relationship. K. Use of OAA Funds: The AAA agrees that funds received under the OM shall not be used to pay any part of a cost(including an administrative cost)incurred by it to carry out a contract or commercial relationship that is not carried out to implement the OM. L. Receipt of OAA Services: The AAA agrees that preference in receiving services under the OM shall not be given by such agency to particular older adults and caregivers as a result of a contract or commercial relationship that is not carried out to implement the OAA. M. Focal Points:The AAA shall specify, in grants,contracts or agreements implementing the Annual Update, the identity of each focal point so designated. 6 Page 275 of 346 N. AAA Funding Liability: The AAA assures that its contracts with providers shall provide that all payments to be made thereunder are subject to the availability of federalstate funds and the AAA shall have no liability under the contract beyond the amounts available under adopted federal and state budgets. O. Record Maintenance:The AAA will require all contractors to maintain records and make reports in such form and containing such information as may be required by the AAA and NYSOFA. The AAA will require all contractors (including contractor's subcontractors) to comply with the provisions of the above Section 7 Access to Records, to maintain such accounts and documents as will permit expeditious determination to be made at any time of the status of award funds, including the disposition of all monies received from the AAA and the nature of all expenditures claimed against such funds. P. Targeting:The AAA shall undertake a leadership role in assisting communities throughout the planning and service area to target resources from all appropriate sources to meet the needs of older persons with greatest economic or social need, including low income minority individuals, individuals with limited English language proficiency and older adults residing in rural areas. Such activities may include location of services and specialization in the types of services most needed by these groups to meet this requirement. However, the area agency may not permit a grantee or contractor under this part to employ a means test for services funded under this part. For purposes of this assurance the term "means test"is defined as an eligibility determination for a program or for services based upon an individual's or family's Income and/or assets. 10.2 AAA Contract Requirements. A. AAA assures that its contracts with providers of services shall include, and that its contractors will include in any subcontracts, the following provisions in addition to the provisions specified in B below: 1) Targeting. The Contractor,,to the extent it has discretion regarding to whom it will provide services,agrees to provide services to those unserved and underserved older adults in greatest social or economic need, particularly those who are low income, low income minorities,older adults with limited English proficiency, Native Americans, and frail/persons with disabilities and older adults residing in rural areas in accordance with their need for such services, and to meet specific objectives established by the AAA for providing services to the above groups within the PSA. The Contractor agrees to concentrate the services on older adults in the targeted populations identified by the AAA following the methods the AAA has established for complying with the targeting requirements under the OM and the Equal Access to Services and Targeting Policy issued by the NYSOFA(See: 12-Pl-08[07/17/2012]). 2) Language Access. The Contractor shall inform persons with limited English proficiency of the availability of language assistance, free of charge, by providing written notice of such assistance In a manner designed to be understandable by limited English proficiency persons at service locations and,at a minimum, have a telephonic interpretation service contract or similar community arrangement with a language interpretation services provider of their choice. The Contractor shall train staff that have contact with the public in the timely and appropriate use of these and other available language services. 7 Page 276 of 346 3) Contributions. The Contractor shall provide participants an opportunity to voluntarily contribute to the cost of the service received,as appropriate. The Contractor shall use all collected contributions to expand the service for which the contributions were given to supplement the funds received under the OAA. 4) Client Needs.The Contractor shall assist participants in taking advantage of benefits under other programs. 5) Non-duplication.The Contractor assures that the services it provides are coordinated and do not unnecessarily duplicate services provided by other sources. B. AAA assures that its contracts,and its contractor's subcontracts shall include the following provisions: 1) Reporting. The Contractor shall provide the AAA with timely information needed to satisfy reporting requirements as specified by NYSOFA; 2) Record Retention and Accessibility.The Contractor agrees to maintain appropriate records and to retain them for six years after final contract payment is made. The Contractor agrees to provide access to all books, documents, and all pertinent materials related to the contract for examination to authorized representatives of the AoA/ACL, OSC or their representatives, and staff of NYSOFA and/or of the AAA. 3) Confidentiality. The Contractor agrees that, to the extent it or its subcontractors, if any, maintains personal information relating to applicants or recipients of services pursuant to the contract,such information will be kept confidential and shared with the AAA; or with other entities upon the informed consent of applicant, recipient or an authorized representative of the applicant or recipient; or as required by federal or state laws. 4) AAA Funding Liability. Payment to the Contractor is subject to the availability of federal/state funds and the AAA shall have no liability under the contract beyond the amounts available under adopted federal and state budgets. To the extent that the contract extends beyond the renewal date of AAA's Application, it is contingent upon provision of funding to the AAA in the subsequent year. 5) Conformance with AAA Area Plan. The Contractor agrees that it and any subcontractors will perform such work in accordance with the terms of the Annual Update. The AAA agrees to make the Annual Update available to the Contractor. 6) Warranty for Data and Programming. The Contractor warranties that services shall be provided in an accurate and timely manner without interruption, failure, or error, due to Inaccuracy of the service's or product's operations in processing date/time data (including but not limited to calculating,comparing, and sequencing)various time/date transitions including leap year calculations. The Contractor accepts responsibility for damages resulting from any delays, errors or untimely performances resulting therefrom, including but not limited to the failure or untimely performance of such services. 7) Responsibility. The Contractor certifies that,to the best of its knowledge and belief, It is and will remain in compliance with 2 CFR Part 376-Nonprocurement Debarment and Suspension,concerning public(federal,state,or local)transactions. If necessary, 8 Page 277 of 346 the Contractor will submit an explanation of why it cannot provide this certification. 8) Subcontracts. 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 and subcontractor staff. Nothing in the subcontract shall impair the rights of the AAA under this contract or the Area Agency Plan as approved by NYSOFA. 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. 10.3 AAA Contract Requirements for OAA Title Ill Programs. The AAA agrees to include the following provision in its contracts for OAA Title III programs and services: The Contractor agrees that for programs established and funded in whole or in part pursuant to Title III of the Older Americans Act, Contractor shall: specify how it intends to satisfy the service needs of low-income minority individuals,older adults with limited English proficiency, and older adults residing in rural areas in the area served by it;to the maximum extent feasible, provide services to low-income minority individuals, older individuals with limited English proficiency, and older adults residing in rural areas in accordance with their need for such services; and meet specific objectives established by the AAA, for providing services to low- income minority individuals, older adults with limited English proficiency, and older adults and caregivers residing in rural areas within the planning and service area. 11.Responsibility: The AAA certifies that, to the best of its knowledge and belief, it is and will be in compliance with 2 CFR Part 376, regarding non-procurement debarment and suspension concerning public (Federal, State, or local) transactions. If necessary, the AAA will submit an explanation of why it cannot provide this certification. 12.Due Recognition: The AAA agrees that any program, public information materials, or other printed or published materials on the work of or funded by these programs shall give due recognition to NYSOFA and as appropriate AoA/ACL, limited to the extent applicable. 13. Rights to Materials: AAAs agree that ail materials developed by the AAA or its contractors in connection with programs funded under this Annual Update shall be the property of NYSOFA. NYSOFA also reserves the right to copyright all such materials,the exclusive right to reproduce, publish or otherwise use,and to authorize others to use these materials,subject to any restrictions in federal laws and regulations. 14.Public Information: The AAA shall provide for a continuing program of public information specifically designed to assure that information about programs and activities carried out under this Annual Update is effectively and appropriately disseminated throughout the PSA. The AM shall provide Information to the public upon request. The AM shall make public Information available in the primary languages of the client populations, where appropriate. Public information must also be made accessible to persons with disabilities, including those with hearing and vision impairments. 15. Limited English Proficiency: The AAA agrees to comply with 12-PI-08 (7/17/12], and in each PSA in which a substantial number of older adults and caregivers of limited English proficiency reside, the AAA shall: 9 Page 278 of 346 A. utilize in the delivery of outreach services under Section 306(a)(2)(A) of the OAA, the services of workers who are fluent in the language spoken by a predominant number of such older adults and caregivers who are of limited English proficiency and B. designate an individual employed by the AAA, or available to such AM on a full-time basis, whose responsibilities will include: 1) taking such action as may be appropriate to assure that counseling assistance is made available to such older adults who are of limited English proficiency in order to assist such older adults and caregivers in participating in programs and receiving assistance under the OAA; and 2) providing guidance to individuals engaged in the delivery of supportive services under this Annual Update to enable such individuals to be aware of cultural sensitivities and to effectively take into account linguistic and cultural differences. 16. Propriety of Services: With regard to any activities/services it supports, sponsors, or provides under this Annual Update,the AAA shall: A. Refrain from using funds to advance any sectarian effort and ensure that any services to be provided under this Annual Update shall be secular in nature and scope and in no event shall there be any sectarian, partisan, or religious services, counseling, proselytizing, instruction, or other sectarian, partisan, or religious influence undertaken in connection with the provision of such services; B. The AAA will provide equal participation, services, activities, and informational sessions without regard to partisan affiliation; C. Refrain from using funds to advance any partisan candidate or effort; however, the AM shall ensure that its providers, including senior centers and facilities, grant equal access to candidates regardless of policy views or party affiliation, consistent with 02-PI-1 9 [9/24/02); D. Refrain and prevent the use by others under its control of official authority, influence, or coercion to interfere with or affect elections or nominations for political office; E. Refrain from and prohibit any others receiving funds under this Annual Update for services or activities for older adults from attempting to coerce or advise other persons to contribute anything of value to a party, committee, organization, agency or person for political purposes, nor engage in any other partisan activities under its auspices; F. Conduct periodic evaluations and public hearings on activities carried out under the Annual Update. In addition, the MA assures that it has held a public hearing on this Annual Update in an accessible location, as required by NYSOFA regulations and has submitted the Annual Update to its Advisory Council for review and comment prior to submission to NYSOFA; G. Be an advocate for older adults in Its PSA and monitor, evaluate and comment on all policies, programs, hearings, and other community actions which will affect older adults; its efforts shall include planning, Information sharing, coordination, interagency linkages, monitoring, and evaluation to achieve a comprehensive, community-based system for 10 Page 279 of 346 serving older adults and caregivers; H. Identify and support (i.e., provide technical assistance, counseling) public and private nonprofit entities Involved in the prevention, intervention, and treatment of elder abuse and determine the need for such services; I. Conduct internal monitoring of directly provided services and monitoring of contracted services. At a minimum, the AAA must conduct at least one on-site monitoring of each contractor every year. Such monitoring shall include ensuring that contractors comply with all applicable statutes, regulations, policies, and standards, including the non-discrimination requirements, in their provision of services to the client population. (See 99-PI-20, [8/5/99].) In the event that the contractor has subcontracted the provision of direct services to another entity, the AAA will monitor such direct provider to assure compliance with applicable laws and standards. 17. Equal Access to Services and Targeting: 17.1 Equal Access. A. AAA agrees to comply with requirements for equal access to programs and services funded under the OAA and NYS law. Equal access includes language accessibility, nondiscrimination, and concentration of services on target populations as required in the OAA, NYS regulations, other relevant laws and NYSOFA policies. AAA agrees that it will not, based on age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity of expression, military status, sex, disability, sex (gender),predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, arrest or conviction record, or religion, exclude any person from participation in; deny the benefits of; or subject any person to discrimination, under any program or activity receiving federal financial assistance. B. With regard to any activities/services it supports, sponsors, or provides under this Annual Update,the AAA shall serve any older adults and caregivers and ensure equal access for participation, services, activities, and informational sessions without regard to Age, Race, Color, Creed, National Origin, Sex, Disability, Sexual Orientation,Marital Status, Familial Status, Military Status,Arrest or Conviction Record, Predisposing Genetic Characteristics or Victims of Domestic Violence. C. AAA agrees to examine the services it provides, identify any need for services to those with limited English proficiency, and develop and implement a system to provide those services so persons with limited English proficiency can have meaningful access in compliance with Federal Executive Order 13166. D. With regard to language accessibility, AAA agrees that it will: 1) Ensure that persons with limited English proficiency are informed at service locations of the availability of language assistance,free of charge, by providing written notice of such assistance in a manner designed to be understandable by persons with limited English proficiency. 2) At a minimum, have a telephonic interpretation service contract or similar community arrangement with a language interpretation services provider of their choice. 11 Page 280 of 346 3) Ensure all aging services staff with public contact are aware and trained in the timely and appropriate use of these and other available language services. 4) Report on the telephonic interpretation service which it has established in this Annual Update under the section entitled, °Demographic Data and Targeting Objectives.' as required in 12-PI-08 [07/17/12]. 5) Make available vital documents, as defined in 12-PI-08 [07/17/2012] translated into the languages spoken by a significant number or percentage of the population eligible to be served, or likely to be directly affected by the program/activity, for individuals in need of services or information in a language other than English for effective communication. E. The MA will comply with Section 504 of the Rehabilitation Act of 1973 (applicable to programs or activities that receive federal financial assistance) and Titles II (covering all services, programs, activities conducted by public entities) and III (covering private entities, including non-profits, that are considered places of public accommodation including, but not limited to health related offices and senior centers) of the Americans with Disabilities Act(ADA). AAA shall not discriminate against persons with disabilities in the provision of benefits or services or the conduct of programs or activities. The MA will require its contractors to likewise comply with Section 504 of the Rehabilitation Act of 1973 and Titles II and III of the ADA. 17.2 Targeting. The AAA will set specific targeting objectives and the methods to achieve the objectives, consistent with NYSOFA policy,for: A. providing services to older adults with greatest economic need (i.e., need resulting from an income level at or below the poverty line), older adults with greatest social need (i.e., need caused by non-economic factors, including physical and mental disabilities, language barriers, and isolation that restricts the ability of an individual to perform normal daily tasks or threatens the capacity of the individual to live independently), or older adults at risk for institutional placement; and B. providing services to low-Income minority older adults, older adults with limited English proficiency, and older adults and caregivers residing in rural areas. C. Include proposed methods to achieve the objectives described in items A and B immediately above. 18. Coordination of Services with other Government Programs:The AAA assures that those to be served under this Annual Update are not eligible to receive the same or similar services under Titles XVIII, XIX or XX of the Federal Social Security Act or any other governmental program and are not residents of adult residential care facilities who are receiving or are entitled by law to receive the same or substantially similar services from that facility, unless the AAA has in effect an agreement providing for reimbursement from the appropriate funding source for such services. 19.Licensure and Certification: The AAA shall ensure that where the state or local public jurisdictions require licensure or certification for the provision of services, the MA and its contractors, and contractor's subcontractors if any, providing such services under the 12 Page 281 of 346 approved Annual Update shall be so licensed or certified. Workers delivering services funded under this Annual Update must be appropriately qualified, selected, trained, and supervised. 20. Educational Opportunities: The AAA shall compile information on institutions of higher education in the PSA regarding courses offered to older adults and policies on enrollment and tuition and such other information as may be necessary to encourage such educational activities and make a summary of this information available to older adults at appropriate places. 21. Reporting: The AAA agrees to comply with the reporting requirements as set forth by NYSOFA. A. The AAA agrees to maintain any client and/or caregiver information that is collected and maintained for purposes related to an organization's responsibilities as a designated AAA or to programs and services provided under the auspices of NYSOFA, in the Client Data System designated for their use by NYSOFA. B. The AAA and its contractors will utilize a Minimum Data Set(MDS)compliant assessment tool for: 1) assessing or re-assessing older adults for personal care levels I and II, case management, home health aide, home delivered meals,consumer directed in-home services, and adult day/adult day health services, and 2) for obtaining data on these older adults for reporting purposes (See: 14-PI-02 [2/4/14]) C. In conducting the MDS-compliant assessment for the above-listed services, the AAA and its contractors will make every effort to complete the assessment and develop an appropriate care plan that includes formal and informal supports,during the initial visit with the older adult(s). If the assessment and care plan are not completed during the initial visit, these activities must be concluded within 6 working days of the initial visit. D. The AAA understands the necessity of submitting, through the mechanism provided by NYSOFA,timely and accurate CAARS and client-based data to NYSOFA for federal and state reporting purposes. The AAA assures that it will submit CAARS reports, and consumer-based data as specified by NYSOFA within twenty days following the end of each reporting period. Failure to provide data accurately detailing AAA program activity within the time frames in the NYSOFA reporting procedures may result in the withholding of payments. 22. Contributions: The MA agrees to comply with all NYSOFA policies and procedures related to contributions made by or on behalf of individuals, Including procedures to safeguard and account for all contributions including 18-PI-17 [07/27/18], NYSOFA Contributions and Other Program Income Policy. Individuals with self-declared incomes at or above 185 percent of the Federal Poverty Level will be suggested to contribute at levels based on the actual cost of services. 23.Funding Availability: The AAA agrees that all payments to be made under this Annual Update are subject to the availability of federal/state funds and NYSOFA shall have no liability to the AAA beyond the amounts made available in the federal and state Budgets. 13 Page 282 of 346 24.Terminations: A. Any programs and funding under this Annual Update may be terminated at any time upon mutual written consent of NYSOFA and the AAA. B. NYSOFA may terminate in whole or in part any programs and funding included in this Annual Update immediately, upon written notice of termination to the AAA,if the AAA fails to comply with the terms and conditions of this Annual Update as it pertains to such program or funding and/or with any laws, rules, regulations, policies, or procedures applicable to such programs. C. NYSOFA may also terminate in whole or in part any programs or funding included in this Annual Update for any reason in accordance with the following provisions: 1) NYSOFA shall have the right to terminate any or all programs or funding included in this Annual Update early for: (i) unavailability of funds; (ii)cause; (iii)convenience; or (iv)non-responsibility. 2) NYSOFA retains the right to cancel any programs included in this Annual Update, in whole or in part without reason provided that the AAA is given at least 60 days' notice of its intent to cancel. NYSOFA may only invoke its right to terminate for convenience provided that NYSOFA has given written notice to the AAA at least 60 days prior to the date of termination, unless NYSOFA has otherwise reserved the right to terminate at any time. This provision should not be understood as waiving NYSOFA's right to terminate the program for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. 3) The AAA shall make a full and final accounting of all funds received under all terminated program(s)within sixty(60)days of the termination notice. D. Written notice of termination,where required,shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice. E. Upon receipt of notice of termination, the AAA agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without written approval by NYSOFA. F. NYSOFA shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to any specific terms set forth elsewhere in this Annual Update. In no event shall NYSOFA be liable for expenses and obligations arising from the program(s)after the termination date. G. The procedures for termination as set forth in A through F herein are subject to the requirements under the OAA, and any other pertinent federal and/or state laws. 25. Native American Access to Services: The AAA agrees to pursue activities to increase access by older adults who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits under the OAA, If applicable. 14 Page 283 of 346 Standard Assurances Applicable to all Older Americans Act Funding 26.Title III Funding: In applying for and receiving funding under Title III-B, Title III-C, Title III-D and Title III-E of the OAA,the AAA understands and agrees that: A. Availability: The AAA shall apply only for funds based on the appropriate allocation schedules promulgated by NYSOFA as well as any unexpended (carry-over) funds previously awarded to the MA by NYSOFA. The AAA understands and agrees that carry-over funds may be awarded to the extent that these funds are incorporated into an approved application, provided that the requirements of 88-PI-17 [3/24/88] are met. If the AAA applies for more funds than a subsequent closeout shows as the final carry-over balance, the MA must submit a budget modification requesting a level of program expenditures which corresponds to the reduced federal funds. B. Area Plan Administration (APA): The AAA shall budget no more than 10% of the combined federal allocations(including carry-over)for Titles III-B,III-C-1,III-C-2, III-D,and III-E for APA. The amount of federal dollars expended on APA cannot exceed 10%of the combined federal expenditures for Titles Ill-B, Ill-C-1, III-C-2, III-D,and III-E. C. Matching Funds: The AAA agrees to provide a minimum 25% local matching funds for APA expenditures under Titles III-B, Ill-C-1, Ill-C-2, and III-E. The AAA agrees to provide a minimum 10% local matching funds for service expenditures under Titles III-B, Ill-C-1, and III-C-2. The AM agrees to provide a minimum 25% local matching funds for services expenditures under Title III-E. D. Audit: The AAA shall comply with the federal audit requirements per the 1996 amendments to the Single Audit Act, OMB Circular A-133 and the"Government Auditing Standards"and 2 CFR Part 200—Subpart F Audit Requirements. E. Directly Provided Services: In accordance with NYSOFA regulations (9 NYCRR § 6652.9), services can only be provided directly by an AM where NYSOFA grants approval.This approval will be granted only if the AAA demonstrates that provision of such service by the AAA is necessary to ensure an adequate supply of the service, or that the service is directly related to the AAA's administrative functions or that service of comparable quality can be provided more economically by the AAA. F. Advisory Council: The AAA shall establish an Advisory Council consisting of older adults, including minorities and rural residents, who are participants or eligible to participate in programs under the OAA, representatives of older adults, local elected officials,the general public and providers of health care and supportive services to advise the AAA in all matters relating to the development, administration, and operation of the Annual Update.The AM shall submit the Annual Update for review and comment to the advisory council before it is transmitted to NYSOFA for approval. Amendments that would result in major changes in organizational structure (e.g., mergers or consolidation) must be submitted to the AAA Advisory Council for review and comment prior to the submission to NYSOFA for approval. G. Service Coordination: The AM shall coordinate planning with other agencies and organizations, Native American Tribal organizations, and Native Hawaiian organizations to promote new or expanded benefits and opportunities for older adults. H. Intergenerational Day Care: If possible, the AAA shall arrange with organizations 15 Page 284 of 346 providing day care for children or adults and respite for families, so that older adults can assist in the delivery of such services to children, adults,and families. I. Outreach: The AAA shall conduct outreach efforts, and an annual evaluation of the effectiveness of these outreach activities, to identify and inform older adults eligible for assistance under the OM, with special emphasis on: 1) older adults residing in rural areas; 2) older adults with greatest economic need (with particular attention to low Income minority individuals including Native Americans and older adults residing in rural areas); 3) older adults with greatest social need (with particular attention to low-income minority individuals including Native Americans and older adults residing in rural areas); 4) older adults with limited English proficiency; 5) older individuals who are frail or with severe disabilities; 6) older adults with Alzheimer's disease or related disorders with neurological and organic brain dysfunction (and the caretakers of such individuals). 7) older adults at risk for institutional placement, specifically including survivors of the Holocaust. J. Information and Assistance: The AAA assures that it shall provide for the establishment and maintenance of information and assistance services in sufficient numbers to assure that all older adults within the PSA covered by the Annual Update shall have reasonably convenient access to such services. K. Services to Native Americans: If there is a significant population of older Native Americans in the PSA of the AAA, the AAA shall conduct outreach activities to identify older Native Americans in such area and shall inform such older Native Americans of the availability of assistance. L. Grievances: The AAA shall establish grievance procedures for older adults who are dissatisfied with or denied services under the OAA. Such procedures shall be in accordance with applicable NYSOFA Pls. M. Disabled Individuals: The AAA assures that it will coordinate planning, identification, assessment of needs and provision of services for older adults with disabilities, with particular attention to individuals with severe disabilities, with agencies that develop or provide services for individuals with disabilities. N. Transportation: The AAA shall identify the needs of older adults and describe the methods it will use to coordinate planning and delivery of accessible transportation services (including the purchase of vehicles) to assist older adults, including those with special needs, in the PSA. O. Disclosure of Spending: The MA shall, on the request of the Assistant Secretary of AoA/ACL or the Director of NYSOFA, for the purpose of monitoring compliance with the 16 Page 285 of 346 OAA(including conducting an audit), disclose all sources and expenditures of funds such agency receives or expends to provide services to older adults. P. Title VI: The AAA shall, to the maximum extent practicable, coordinate the services it provides under Title III of the OAA with services provided under Title VI of the OAA(Grants to Native Americans). Q. Case Management: The AAA assures that case management services provided under Title III of the OAA and/or state funded programs: 1) not duplicate case management services provided through other federal and state programs; 2) be coordinated with services provided through such other federal and state programs, and 3) be provided by: a) a public agency; or b) a nonprofit private agency that: (i) gives each older adult seeking services under this title a list of agencies that provide similar services within the jurisdiction of the AAA; (ii) gives each older adult described in clause (i) a statement specifying that the Individual has a right to make an independent choice of service providers and documents receipt by such individual of such statement; (iii) has case managers acting as agents for the individuals receiving the services and not as promoters for the agency providing such services;or (iv) is located in a rural area and obtains a waiver of the requirements described in clauses (i)through(iii). Standard Assurances Aoolicable to OAA Title III-B 27. In applying for and receiving funding under Title III-B of the OAA, the AAA understands and agrees to the following: A. Priority Services: The AAA will expend the required percentage of Title III-B funds, as established by NYSOFA for each of the three priority services categories(access,in-home and legal assistance)in PI 68-PI-47[7/22/88]. Waiver: NYSOFA, in approving the Title III-B application or amendment to such application, may waive the assurance of the above paragraph for any category of service for which the AAA demonstrates to NYSOFA that services provided from other sources meet the needs of older adults in the PSA for that category of service. If the AAA receives a waiver for any category of service,it must continue to spend for the remaining categories of services the percentage of AAA funds approved by NYSOFA. 17 Page 286 of 346 B. Legal Assistance Program: The AAA assures that it will enter into contracts with providers of legal assistance which can demonstrate the experience or capacity to deliver legal assistance and that it will attempt to involve the private bar in legal assistance activities authorized under Title III-B, Including groups within the private bar furnishing services to older adults on a pro bona and reduced fee basis. The AAA further assures that it will give priority to legal assistance related to income, health care, long-term care, nutrition, housing, utilities, protective services,defense of guardianship, abuse (including financial exploitation), neglect and age discrimination. AAA will not require any provider of legal assistance under Title III-B to reveal any information that is protected by the attorney-client privilege. C. Priority Service Reporting: The MA will report annually to NYSOFA, in detail, the amount of funds expended for each such category of priority services during the fiscal year most recently concluded. D. Service Coordination: The AAA will coordinate priority services with community Alzheimer's programs, coordinate mental health services provided with Title III-B funds with mental health services provided by community health centers and other organizations,and,if appropriate,conduct outreach to identify older Native Americans and inform them of availability of services. E. Nursing Home Diversion: The AAA will conduct efforts to facilitate coordination of community-based, long-term care services to defer inappropriate institutionalization for older adults who are at home, patients in hospitals, and patients in long term care facilities who could return home. F. Multipurpose Senior Centers: In regard to any multipurpose senior centers acquired or constructed using OAA funds, the AAA will ensure compliance with Sections 306, 311, and 312 of the OAA, NYSOFA regulations (9 NYCRR§6654.9),and 90-PI-36[6/19/901 Standard Assurance Applicable to OAA Title Ill-C (For additional Assurances applicable to Title III-C. see SA#27 &SA#30) 28.Title-III-C Funding for Access and Supportive Services: In applying for and receiving funding under Title III-C of the OAA, the AAA understands and agrees that Title III-C expenditures for supportive and access services shall only be funded with Title III-C contributions and that such expenditures by a Title III-C provider are limited to the amount of contributions generated by the provider. Standard Assurances Applicable to Title III-C and WIN (For additional Assurances applicable to WIN, see SA#36. For additional Assurances applicable to Title III-C, see SA#27&SA#29) 29. In applying for and receiving funding under Title Ill-C of the OAA and WIN, the AAA understands and agrees that: A. Special Dietary Needs: The AAA assures that the nutrition program in the PSA shall reasonably accommodate participants who have particular dietary needs arising from the health requirements, religious requirements, or culture/ethnic backgrounds of such participants. 18 Page 287 of 346 B. Outreach: It shall be the AAA's responsibility to identify and reach out to currently unserved and underserved individuals, including those from marginalized communities, who would be eligible for home delivered meals. C. Provider Organizations: The AAA, when selecting potential home delivered meal providers, shall give consideration where feasible to organizations which: 1) have demonstrated an ability to provide home delivered meals efficiently and reasonably;and 2) furnish assurances to the AAA that such an organization shall maintain efforts to solicit voluntary support and that the funds made available under Title III-C to the organization shall not be used to supplant funds from non-federal sources. D. Congregate Sites: Sites for congregate meals and comprehensive supportive services are located in as close proximity to the majority of eligible individuals' residences as feasible, with particular attention on a multipurpose senior center, a school, a church, temple or mosque, or other appropriate community facility, preferably within walking distance, and where appropriate,transportation to such site is furnished. E. Allowable Services: The AAA may only apply for and use Title III-C funds to provide meals and other services (i.e., nutrition counseling and nutrition education) directly related to nutrition services. The AAA may also use program income for supportive and access services to enhance the nutrition program.Such supportive and access services include outreach,transportation(Title III-C-1 only)Information and Assistance, In-Home Contact and Support (shopping assistance only), Senior Center/Recreation and Education (Title III-C-1 only), Assisted Transportation (Title III-C-1 only). Program income cannot be used for access and supportive services in amounts greater than what has been generated by program activity. Standard Assurances Applicable to Title III-0 30.Title lll•D: A. APA: No Title III-D funds shall be budgeted or expended for APA. B. Evidence-based: In accordance with 15-PI-18(10/22/15j,the AAA shall expend all Title III-D funding on evidence-based programs/interventions only. Standard Assurances Applicable to National Family Caregivers Support Program tNFCSP)Title III-E 31. National Family Caregiver Support Program (NFCSP): A. Comprehensive Support System: The AAA shall provide multifaceted systems of support services for family caregivers and older relative caregivers as these terms are defined in OAA§§302 and 372, respectively. B. Statutory Services: The caregiver program support services shall include each of five 19 Page 288 of 346 specific, statutory categories of caregiver services, with the amounts used to fund each service to be determined by the AAA, based on the needs of its particular caregivers.The AAA may meet this comprehensive service requirement by including services in its NFCSP program that meet Title III-E requirements,but that are funded from other sources. These required services are: 1) Information to caregivers about available services; 2) Assistance to caregivers in gaining access to the services; 3) Individual counseling, organization of support groups, and caregiver training to assist the caregivers in the areas of health, nutrition, and financial literacy and to help caregivers make decisions and solve problems relating to their caregiver roles and responsibilities; 4) Respite care services to enable caregivers to be temporarily relieved from their caregiving responsibilities; and 5) Supplemental services on a limited basis to complement the caregiver's efforts to provide care. A. Recipients of Respite and Supplemental Services: The AAA agrees that respite and supplemental services shall only be provided to older relative caregivers or caregivers of "frail" older adults as frail is defined in OAA § 102(22), that is, an older adult (60 and older) who is functionally impaired because the person is unable to perform at least two activities of daily living without substantial human assistance, including verbal reminding, physical cueing or supervision; or, an older adult who has a cognitive or other mental impairment that requires substantial supervision because the person behaves in a manner that poses a serious health or safety hazard to the person or to another person. B. Supplemental Services: The AAA may budget for and expend a maximum of 20%of Its final Title III-E funds (federal funds plus local match), plus any income generated by supplemental services for the provision of supplemental services. C. Use of Volunteers: Each AAA shall make use of trained volunteers to expand the provision of the available services and, if possible,work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants(such as organizations carrying out federal service programs administered by the Corporation for National and Community Service), in community settings. 32. Service Priority: The AAA shall give priority to the following individuals: A. Caregivers who are older adults with greatest social need, and older adults with greatest economic need,with particular attention to low-income older adults; B. Older Relative Caregivers providing care to individuals with severe disabilities, including children with severe disabilities, as defined in OAA § 102(48) which means a severe, chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that is likely to continue indefinitely and results in substantial functional limitation in 3 or more of the major life activities as specified in§ 102(13)which includes self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic self-sufficiency, cognitive functioning, and 20 Page 289 of 346 emotional adjustment; C. For family caregivers who provide care for individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction. 33. Maintenance of Effort: The AAA agrees to meet its applicable maintenance of effort requirement for Title III-E funds under this Annual Update as determined by NYSOFA and to not supplant the use of other funds available for NFCSP services, with the funding available under Title III-E. Standard Assurances Applicable to Caregiver Resource Centers 34.Caregiver Resource Centers (CRC) A. CRC Services: For AAAs receiving state funds for a CRC funded under NYS Elder Law §206,AM agrees to provide and enhance services to caregivers using these funds.The goal is to expand upon caregiver services and supports offered by the AAA.CRC services must be reported distinctly from other funds and in accordance with CRC definitions for caregiver service and supports. B. Materials Developed Under CRC: If the AAA has a CRC funded under NYS Elder Law § 206, AAA agrees that all materials developed by the AAA in connection with the CRC program shall be the property of NYSOFA. NYSOFA also reserves the right to copyright all such materials, the exclusive right to reproduce, publish or otherwise use, and to authorize others to use these materials. Standard Assurance Applicable to WIN (For additional Assurances applicable to WIN, see also SA#30). 35.In applying for and receiving funding under WIN, the AAA understands and agrees that: A. Separate Accounting: The funds provided under WIN shall be accounted for and reported separately from those received under other sources, including Title III-C. B. WIN Services: The funds provided under WIN must be used to provide home delivered meals and/or services related to the provision of meals to eligible older adults whose nutritional needs have not or cannot be met under Title III-C or CSE. WIN funds may be used to provide congregate meals but only when the provision of the congregate meals will serve nutritionally at-risk older adults or result in an increased ability to provide home delivered meals. C. Administration: No more than 5% of WIN funds awarded shall be budgeted for or expended on AAA administration. D. No Supplanting Title III-C Services: No WIN funds shall be used to replace nutrition services provided or intended to be provided under Title III-C and CSE. Standard Assurances Applicable to CSE and EISEP (For additional Assurances applicable to CSE,see SA#39. For additional Assurances applicable EISEP, see SA#40) 21 Page 290 of 346 36. In applying for and receiving CSE and/or EISEP funding, the AAA understands and agrees that: A. Direct Provision of Services: The AAA can provide EISEP and/or CSE case management services directly without requesting NYSOFA approval. However, it cannot provide other EISEP or CSE services directly unless it receives approval from NYSOFA. NYSOFA approval is discretionary and shall only be given if the AAA can show that: the AAA provided this service directly prior to the approval of the AAA's first CSE Plan (this would usually be 1979); or if the AAA demonstrates that the direct provision of a service is necessary due to the absence of an existing suitable provider and so is necessary to assure an adequate supply of the service or is necessary to ensure the quality of the service provided. (See 9 NYCRR§6652.9(c)). B. Consumer Directed In-Home Services: The AAA may elect to implement consumer directed services under CSE and EISEP in accordance with NYSOFA regulations. Prior to implementation, the AAA must submit their plans in the prescribed format to NYSOFA for review and approval. C. Maintenance of Effort: The AAA must meet the following maintenance of effort requirements: 1) For CSE and EISEP: Maintenance of"base year expenditures" made by the county or other funded service providers irrespective of the source of funds. "Base year expenditures' means the level of expenditures in the year prior to the first year for which a county plan for CSE was submitted or in the County's 1979 fiscal year, whichever is later. 2) For EISEP: Maintenance of total community service project expenditures under the CSE for the period April 1, 1985, through March 31, 1986, unless this requirement is waived or reduced by NYSOFA. D. Contesting Eligibility and Cost Share Decisions: AAA shall provide applicants or recipients of EISEP, or EISEP-like services funded under EISEP/CSE the opportunity to contest adverse decisions as to eligibility, levels of required cost sharing and involuntary terminations of services. 37. Matching Requirements: The AAA agrees to provide minimum local matching funds for service expenditures under EISEP and CSE as set forth by appficabie state law and requirements. Standard Assurance Applicable to CSE (For additional Assurances applicable to CSE, see SA#37&SA#38) 38.In applying for and receiving CSE funding, the AAA understands and agrees that Community Services Projects developed by the MA shall not exceed three years, except NYSOFA may approve continuation of a project beyond three years if periodic evaluation shows that the project effectively improved the delivery of services to older adults. Standard Assurance Applicable to EISEP (For additional Assurances applicable to EISEP, see SA#37&SA#38) 22 Page 291 of 346 39.In applying for and receiving EISEP funding, the AAA understands and agrees that: A. Coordination with Local Department of Social Services(LOSS): The AAA Is required to coordinate with the LOSS to establish and maintain procedures for avoiding the duplication of Medicaid and Title XX programs in EISEP and ensure that these procedures are agreed to in a Memorandum of Understanding with the LDSS. B. 33% In-Home Services Requirement: At least 33% of the AAA's total expenditures of state EISEP services dollars and required local match for those dollars must be spent on in-home services (i.e., Personal Care Level I and Personal Care Level II). C. 33%Ancillary Services Requirement: No more than 33%of the AAA's total expenditures of state EISEP services dollars and required local match for those dollars may be spent on ancillary services. D. County Home Care Plans (CHCP): The first year EISEP County Home Care Plan, as amended by any subsequent plans and CHCP revisions, is incorporated by reference and made a part of this Plan,and the goals and procedures contained in it are reaffirmed. Standard Assurance Applicable to CSI 40. In applying for CSI funds, the AAA understands and agrees that: A. Congregate Services: "Congregate services"shall mean services for older adults which are provided by a public or private non-profit agency in community settings at which older adults come together for services and activities that respond to their diverse needs and interests. B. Direct Provision of CSI Services: The AAA may contract with public agencies, municipalities, not-for-profit agencies, or such other entities that provide congregate services. The AAA may not directly provide a service under CSI unless granted a waiver by the Director of NYSOFA. Approval of direct service provision will only be given if the service was directly provided prior to approval of the 1994-95 Plan, or direct provision is necessary due to the absence of an existing suitable provider or to ensure the quality of the service provided. C. Multi-County Partnerships: Two or more counties may join together for the purpose of implementing CSI through a written agreement between the cooperating AAAs. D. Matching Funds: Under CSI the AAA will provide matching funds equal to 25% of its CSI costs. The allowable forms of match are the same as those permitted under CSE and EISEP. In-kind salaries and rent are allowable. State funds and local funds used to match other state or federal funds are not allowable as match. The local match can be entirely new match or local funding formerly used to match the local Recreation Program for the Elderly. E. Administration: The AAA shall budget and expend no more than 5%of CSI funds(state aid &local match)for AAA administration. F. Meal Costs: Meal costs are not allowable under the CSI program. 23 Page 292 of 346 Standard Assurances Applicable to Emergency Preparedness Plans 41.Emergency Preparedness Plans:The AAA agrees to coordinate activities and develop long- range emergency preparedness plans with local and state emergency response agencies, relief organizations, local and state governments, and other institutions that have responsibility for disaster relief service delivery within the PSA. Standard Assurances Applicable to Mental Health Services 42. Mental Health Services: The AAA agrees to follow any policies developed by NYSOFA concerning mental health issues or services as they may pertain to older adults and caregivers.AAA will coordinate with NYSOFA and entities providing mental health services in the PSA to: increase public awareness of mental health disorders affecting older adults; remove barriers to the diagnosis and treatment of such disorders; and coordinate mental health services available to older adults (including mental health screenings) provided with area aging funds or other funds for mental health services available to older adults residing in the PSA. Standard Assurances applicable to the Health Insurance Information,Counseling and Assistance Program(HIICAPI 43.Health insurance Information, Counseling and Assistance Program(HIICAP): A. The AAA agrees that the Project Narrative and Budget included in the Annual Update may not be modified without the written consent of the NYSOFA. B. The AAA agrees that it will not assign or transfer the rights or responsibilities it has with regard to the HIICAP program without the prior written consent of NYSOFA. If the AAA contracts the direct performance of the HIICAP program, including the HIICAP Coordinator, it retains primary responsibility for satisfying the responsibilities set forth in this Annual Update and the AAA will include the responsibilities in the agreement with such contractor. C. The AAA agrees to provide counseling to individual Medicare beneficiaries unable to access other channels of information or needing and preferring locally based individual counseling services. D. The AAA will make counseling resources and locations locally accessible to low-income, dual-eligible, and hard-to-reach beneficiaries, and other vulnerable older adult populations, including those in rural areas, minorities, immigrants, LGBTQ+, socially isolated, older adults and older adults with intellectual and developmental disabilities and will equip its counselors to provide in-depth, complex counseling and enrollment assistance on Medicare, Medicare Prescription Drug Coverage, Medicare Advantage Plans, EPIC enrollment,and coordination with Medicare Prescription Drug Coverage. E. The AAA will provide counseling information about original Medicare plan information and options and the AAA's HIICAP assigned staff must have knowledge and develop referral contacts for assistance in the following areas: 24 Page 293 of 346 1) Medicare eligibility, benefits, preventive services, and claims filing; 2) Medicare Prescription Drug Benefit; 3) EPIC and how It works with the Medicare prescription drug plans; 4) Medicaid eligibility, benefits, and spousal protections (Local Department for Social Services), Medicaid Managed Long Term Care (Independent Consumer Advocacy Network); 5) Medicare Supplement insurance policy coverage,comparison information,and claims filing; 6) Long Term Care (LTC)insurance and planning(NYS Partnership for LTC); and 7) Other types of health insurance benefits (including employer, retiree, Medicare Savings Program benefits, "Extra Help", etc.). F. The AAA acknowledges that HIICAP is a volunteer-based program and will be operated as such. AAAs must increase and enhance the counselor work force and equip them to be proficient in the areas noted above. A list of all trained HIICAP volunteers and staff must be housed in the federal web-based STARS and in federal training SHIP TA site. G. The AAA will not allow individuals who are currently licensed as health insurance agents/brokers,or have some other conflict of interest,to counsel,administer,or volunteer for HIICAP in any capacity even if the individual is willing to sign a disclaimer stating that he or she will provide unbiased insurance counseling information to beneficiaries. If the AM believes there may be a conflict of interest, the AAA Director or HIICAP Coordinator will obtain direction from the NY SHIP Director as to whether the relationship,as described by the AM, presents a conflict of interest. H. The AAA will ask program volunteers whether or not they are licensed to sell health insurance products and the status of their current license. I. The AM agrees to designate a HIICAP Coordinator to be responsible for the AAA's performance under this Annual Update. The HIICAP Coordinator shall be the AAA's representative and contact person for all HIICAP related issues including, program and reporting, program management, volunteer recruitment and retention, and ACL SHIP reporting requirements. J. The HIICAP Coordinator(s)designated by the AAA will oversee the training and quality of service provided by all volunteers and staff. The Coordinator(s) will certify that all volunteers and staff complete annual training requirements, including the HIICAP certification exam, regional trainings, and other related coursework available in the SHIP TA. Significant training and support win be necessary to prepare counselors to help beneficiaries understand and enroll in new choices and benefits. The Coordinator will oversee and manage the inventory of training and consumer education supplies. K. The AM agrees that its designated HIICAP Coordinator(s) will attend at least one NYSOFA HIICAP training, use all NYSOFA-prescribed HIICAP training material, and encourage counselors to participate in NYSOFA sponsored monthly coordinator and other 25 Page 294 of 346 conference calls. L. The AAA agrees that all HIICAP Coordinators and volunteers, who counsel Medicare beneficiaries,will participate in the HIICAP certification process,as often as is required by NYSOFA. M. The MA shall make certain that all Information and documentation pertaining to Medicare beneficiaries be kept confidential. Beneficiary information will be kept in an area that is secure. All confidential documents will be stored in locked file cabinets or rooms accessible only to those who have authority, or, for digital versions, in a password protected electronic file. Whenever the AAA has in its custody confidential Medicare beneficiary information that the AAA does not need to keep on file any longer to be able to assist such beneficiary, the AAA will dispose of that confidential information in a complete and secure manner (such as shredding)to avoid unauthorized disclosure(s) of the information. N. The AAA assumes responsibility for the accuracy and completeness of the information contained in all technical documents and reports submitted. O. The AAA agrees that it will submit monthly performance reports as specified by NYSOFA on all Beneficiary Contacts,Group Outreach, and Media Outreach Events via the STARS SHIP Tracking and Reporting System at: https:llsmoshio.acl.aov/etk-hhs-acl- prod/loQin.reauest.do. Additionally, all HIICAP data must be submitted either directly into the federal web-based STARS system or through the Statewide Client Data System that utilizes the API model to schedule and automatically upload data from the proprietary system to STARS. P. The AAA agrees to ensure the capacity to access Internet information via basic dial-up access at the minimum,with a high-speed connection preferred, including expanding and maintaining Internet capability at the local counseling levels. The AAA will have the capacity to send and receive a high volume of information(including training materials and Power Point presentations) through e-mail and through the Internet. The AAA assures that HIICAP counselors will have access to Internet-based information,training materials, counseling, and enrollment tools. Q. The AAA agrees to ensure adequate capacity to receive and properly answer and address all calls received through the NYS HIICAP Hotline (1-800-701-0501) as calls are automatically transmitted to the local AAA/HIICAP. R. Upon approval of this application and issuance of a Notification of Grant Award, the AAA is eligible to request an advance of up to twenty-five percent(25%)of its award. The AAA shall submit appropriate Claim for Payment in such form as required by NYSOFA. The final Claim for Payment will be submitted to NYSOFA within sixty(60)days after the ending date of the grant period. S. The AAA agrees to include the express acknowledgment on all SHIP public information materials, "This project was supported, in part by a grant from the U.S.Administration for Community Living". Grantees undertaking projects under government sponsorship are encouraged to express freely their findings and conclusions. Points of view or opinions do not, therefore necessarily represent official Administration for Community Living policy." (HHS Grants Policy Statement: https://www.hhs.qov/grants/orants/arants-oolicies- reaulations/index.html).The grantee must use the SHIP Logo on all SHIP publications. 26 Page 295 of 346 T. NYSOFA has approved the following disclaimers that the AAA must use when disseminating HIICAP materials and/or advertising: 1) "The information provided by the Health Insurance Information, Counseling and Assistance Program is intended for the sole purpose of educating consumers in regard to the choices available for their health insurance needs. Particular emphasis is placed on understanding original Medicare. Nothing herein is intended nor should it be construed as an endorsement by the State of New York of any specific insurance product or insurer." 2) If the above disclaimer is too lengthy for certain media items (i.e. flyers, small brochures, etc.), the disclaimer below may be used as a substitute: "New York State does not endorse nor recommend any specific insurance product or insurer; this program is solely intended to educate consumers about their choices." U. Upon request by the State HIICAP Coordinator,the AAA will provide to NYSOFA program information and other reports as required, in the format and at the timing specified by NYSOFA,on activities provided under the current HIICAP grant. V. The AAA shall not use SHIP federal funds to purchase promotional giveaways or incentive items, unless such items are educational in nature as required by ACL and pre-approved by NYSOFA. W. The AM agrees to implement Volunteer Risk and Program Management(VRPM)policies and procedures as required by ACL. 27 Page 296 of 346 47 o o � - a w Q 4 z Town of Mamaroneck Town Attorney, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Date: September 1, 2023 To: Members of the Town Board From: William Maker Jr., Town Attorney CC: Meredith S. RobsonTown Administrator CC: Allison MayTown Clerk Subject: Update in the Regulations of Wireless Telecommunications General: Hank Menkes had only a few comments about the latest version of this local law (see his August 8th email). I made his suggested change by eliminating section J(2). The revised local law(still redlined) is attached. If the Town Board considers this proposed law worthy of public discussion,it may set a public hearing and after the hearing is closed, decide whether to enact it. Attachment/s: 2023-8-03-Menkes email 2023-9-01-LL REVD w HM comment Page 297 of 346 Maker Jr., William From: Hank Menkes Sent: Tuesday,August 8, 2023 4:08 PM To: Maker Jr.,William Subject: RE:Wireless communications law Bill, I reviewed the document you sent me and have a few minor comments. I did not, however, recheck all of the references to FCC Rules and Orders, or the Federal Register since I did that for a previous version. Also recognize that I have no knowledge of the Town's zoning areas or geographic locations so I'm unable to comment on those items. The document requires that a licensed RF engineer provide verifying data that a proposed new cell site or addition is less than the federal and NY State maximum permissible RF radiation levels. To my knowledge, there is no license requirements for an RF engineer. This was pointed out by applicants at Mamaroneck Zoning Board meetings in the past where I was present. My recommendation is to leave the document as is in the event things change in the future, and continue to deal with this issue as it arises. In section J(2) on page 20, the document requires a building permit for the installation of small cells, including femto cells referenced in section J(1, e). I believe that this is unrealistic and will not be obtained by a homeowner. A number of the major service providers currently offer femto cells to their customers for use in their homes to facilitate wireless communication in areas with poor signal strength. These devices are about the size of a small residential router or modem, and are plug & play, only requiring that the homeowner provide ac power and an ethernet connection. Very unlikely that a homeowner would even realize that they require a building permit just to plug a device into a power receptacle and an ethernet port. Regards, Hank Menkes From: Maker Jr., William cWMakerJr@TownofMamaroneckNY.org> Sent: Friday,August 4,2023 3:48 PM To: Hank Menkes Subject:Wireless communications law INTER-AGENCY CONFIDENTIAL COMMUNICATION AND ATTORNEY WORK PRODUCT Hank: It's been a while. I hope you are well. The Town has updated the draft local law. The Town board has asked me to send it to you since changes in the statute or the regulations may have occurred since your last involvement. Please review the draft. You may stop when you reach Section 3 on p.20 as from there on,the local law is simply updating the zoning ordinance to allow for wireless facilities. i Page 298 of 346 Local Law No. -2023 This local law shall be known as the"Update in the Regulation of Wireless Telecommunications Facilities"Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: This law is being enacted because advances in technology require the Town to update its law regarding wireless telecommunications facilities. Section 2—Replacement of a current section of the Mamaroneck Code: Section 240-19.1 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §240-19.1.Wireless telecommunications facilities. A. Purpose. The purpose of this section is to establish regulations for the location and design of wireless telecommunications facilities that recognize the need to balance the technical requirements of the wireless telecommunications industry with the Town's desire to minimize the visual and other adverse effects of such facilities.This section expresses a preference for locations on Town property,acknowledging the ability of the Town to exert greater controls arising from ownership rights and a preference for the collocation of new wireless telecommunications facilities on existing or approved wireless telecommunications support structures that are located in nonresidential areas. Such regulations are intended to: (1) Ensure that the placement,construction or modification of wireless telecommunications facilities and related equipment are consistent with the Town's land use and zoning code regulations to the extent permitted by law, (2) Minimize the negative and adverse visual,acoustic and aesthetic impacts of wireless telecommunications facilities to the maximum extent practicable, through creative design,siting,landscaping,screening and innovative camouflaging techniques, (3) Assure a comprehensive review of environmental impacts of such facilities, (4) Protect to the extent the Town is allowed to do so without conflicting with federal law, the health,safety and welfare of the residents of the Town and persons working in or visiting the Town from potential adverse impacts of wireless telecommunications facilities,to the extent permitted by law, Page 299 of 346 (5) Allow for shared use(collocation)of wireless telecommunications facilities when such use is the more aesthetically sensitive alternative, (6) Establish fair and efficient processes for review and approval of development applications, (7) Preserve the visual character of established communities and the natural beauty of the landscape, (8) Protect property values, (9) Minimize the impact of wireless telecommunications facilities on residential properties, (10)Encourage the siting of wireless telecommunications facilities on properties and areas, which are not zoned exclusively for residential purposes,and (11)Minimize the number of structures placed near to each other in the rights-of-way. B. Definitions. ASSOCIATED EQUIPMENT—Any equipment serving or being used in conjunction with wireless telecommunications facilities including,but not limited to,utility or transmission equipment,power supplies,generators,batteries,cables,equipment buildings,cabinets and storage sheds,shelters,buildings and similar structures,and,when co-located on a structure, which is mounted or installed prior to,at the same or at a subsequent time as an antenna. ANTENNA—An apparatus designed for the purpose of emitting or receiving radio frequency (RF)radiation,to be operated or operating from a fixed location,for the provision of personal wireless service(whether on its own or with other types of services).For purposes of this definition,the term"antenna"does not include a mobile station or device authorized under Part 15 of Title 47 of the United States Code. BASE STATION—A structure or equipment at a fixed location that enables FCC licensed or authorized wireless telecommunications between user equipment and a telecommunications network. (1)The term indudes, but is not limited to, equipment associated with wireless telecommunications facilities such as but not limited to private,broadcast and public safety services,as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (2)The term includes,but is not limited to,radio transceivers,antennas,coaxial or fiber-optic cable,regular and backup power supplies and comparable equipment,regardless of technological configuration(including DAS and small or macro cell equipment). (3)The term includes,but is not limited to any structure that supports or houses equipment described in paragraphs(1)and(2)above that has been reviewed and approved under 2 Page 300 of 346 the applicable zoning code or siting process,even if the structure was not built for the sole or primary purpose of providing such support. (4)The term does not include any structure that,at the time the relevant application is filed with the Town under this section,does not support or house equipment described in paragraphs(1)and(2)of this definition. BUILDING INSPECTOR---The Town's Building Inspector or its Director of Building Code Enforcement and Land Use Administration COLLOCATION—The mounting or installation of an antenna on an existing tower,building or structure for the purpose of transmitting and/or receiving radio frequency signals for telecommunications purposes,whether or not there is an existing antenna on the structure. DISTRIBUTED ANTENNA SYSTEM(DAS)—A network of spatially separated antenna sites connected to a common source that provides wireless telecommunications service within a geographic area or structure. DECOMMISSIONED---A wireless telecommunications facility is decommissioned when it no longer is being used to perform the services which it was built to provide. EAF—The Environmental Assessment Form promulgated by the New York State Department of Environmental Conservation. FAA — The Federal Aviation Administration, or its duly designated and authorized successor agency. FCC—The Federal Communications Commission,or its duly designated and authorized successor agency. HEIGHT—When referring to a structure,the distance measured from the pre-existing grade to the highest point on the structure,including the antenna(s)and any other appurtenances. MACRO WIRELESS TELECOMMUNICATIONS FACILITY — Any wireless telecommunications facility that enables authorized wireless telecommunications between user equipment and a telecommunications network that is not a Small Wireless Telecommunications Facility. MODIFICATION — The improvement, upgrade or expansion of existing wireless telecommunications facilities or the improvement,upgrade or expansion of the wireless telecommunications facilities located within an existing equipment compound if the improvement,upgrade,expansion or replacement does not substantially change the physical dimensions of the wireless telecommunications facilities. MONOPOLE—A wireless telecommunications support structure which consists of a single pole,designed and erected on the ground or on top of a structure to support one or more wireless telecommunications antennas and associated equipment. 3 Page 301 of 346 NIER — Nonionizing electromagnetic radiation.A series of energy waves composed of oscillating electric and magnetic fields traveling at the speed of light which includes the spectrum of ultraviolet(UV),visible light,infrared(Bl),microwave(MW),radio frequency (RF),and extremely low frequencies(ELF). PERMIT—A Wireless Facility Permit. PERSONAL WIRELESS SERVICE FACILITY shall have the meaning given to it in the Communications Act of 1934,as amended by the Telecommunications Act of 1996,47 U.S.C. 6332(c)(7)(C),or any statute that may replace it. PLANNING BOARD—The Town of Mamaroneck Planning Board. PUBLIC RIGHT-OF-WAY("ROW")—Any land over which the public possesses the right to travel.The term"road"includes state,county and Town highways,roads,streets,squares, places,courts,boulevards,parkways,sidewalks and other ways,however,designated,over which the public has access. RELIABLE SERVICE—The transmission and reception of communications voice and/or data by a wireless telecommunications facility that meets or exceeds a wireless service provider's reasonable and generally accepted industry quality metrics,including but not limited to, received signal strength or signal quality measurements or calibrated predictions of such data throughput, call or session performance objectives including, but not limited to, key performance indicators such as lost calls,system blocking or lack of capacity. REPLACEMENT—The replacement of existing wireless telecommunications antenna on any existing support structure or on existing associated equipment for maintenance,repair or technological advancement with equipment composed of the same wind loading and structural loading which does not substantially increase the physical dimensions of any existing support structure. SMALL WIRELESS TELECOMMUNICATIONS FACILITY — Amy small wireless telecommunications facility that functions like cells in a mobile wireless network,typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls,hospitals,and metropolitan outdoor spaces including,but not limited to,DAS,microcells,picocells,and femtocells or any name employed to identify a compact,low power base station and its associated equipment that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces that meets each of the following conditions: (1) The structure on which antenna facilities are mounted: (a) is fifty(50)feet or less in height,or (b)is no more than ten percent(10%)taller than other adjacent structures,or 4 Page 302 of 346 (b)is not extended to a height of more than ten percent(10%)above its preexisting height as a result of the collocation of new antenna facilities; (2) Each antenna(excluding associated antenna equipment)is no more than six(6)cubic feet in volume; (3) In the aggregate, the volume of all antenna equipment associated with the facility (excluding antennas and back-up power and related back-up power equipment)does not exceed twenty-eight(28)cubic feet; (4) The facility does not require antenna structure registration under 47 CFR Part 17;and (5) The facility does not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in Parts 1 and 2 of the FCC's Rules and Regulations[47 C.F.R.1.1307(b),1.1310,2.1091,2.1093]or any FCC rule or regulation that replaces these regulations or add additional safety standards. SMALL WIRELESS PERMIT---The permit issued by the Planning Board approving a small wireless telecommunications facility. STEALTH TECHNOLOGY — Camouflaging methods applied to wireless telecommunications facilities,which render them more visually appealing or which serve to blend the proposed facility into the existing structure or visual backdrop,in such a manner as to render it minimally visible to the casual observer.Such methods include,but are not limited to, architecturally screened roof-mounted facilities, building-mounted antennas painted to match the existing structure,and facilities constructed to resemble trees,shrubs, light poles and the like. STRAND—A cable or wire run between two utility poles,or between a utility pole and a structure,or between two structures. STRUCTURE — A pole,base station supporting hardware, commercial billboard, street furniture or other building,whether or not it has an existing antenna facility,that is used or to be used for the provision of personal wireless service(whether on its own or commingled with other types of services). STRUCTURALLY MOUNTED — The attachment of antennas to an existing building or structure other than a monopole or tower having a location on the ground and comprising a part of a wireless telecommunications facility. For purposes of this chapter, the term "structurally mounted"shall include,in addition to the antennas,all other components of the wireless telecommunications facility. SUBSTANTIAL CHANGE—A modification substantially changes the physical dimensions if it meets any of the following criteria: (1) The mounting of the proposed antenna on the wireless structure would increase the existing height of the tower by more than 10%,or by the height of one additional 5 Page 303 of 346 antenna array with separation from the nearest existing antenna not to exceed twenty feet,whichever is greater; (2) The mounting of the proposed antenna or small wireless telecommunications facility would involve the installation of more than four(4)equipment cabinets or more than one(1)new equipment shelter; (3) The mounting of the proposed antenna or small wireless telecommunications facility would involve adding an appurtenance to the body of an existing wireless telecommunications support structure that would protrude from the edge of the original support structure: (i) more than twenty feet in the case of a macro wireless telecommunications facility, (ii) more than three feet in the case of a small wireless telecommunications facility,and (iii) in all cases more than the original width of the support structure at the level of the appurtenance It will not be considered a"substantial change"if the mounting of the proposed antenna or small wireless telecommunications facility exceeds the limits herein if it is necessary or appropriate to do so in order to shelter the antenna from inclement weather or to provide stealth shielding for the antenna or small wireless telecommunications facility; (4) The mounting of the proposed antenna would involve excavation outside the current existing structure site,defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site; (5) The modification defeats concealment and/or stealth elements of the support structure; (6) The modification does not comply with prior conditions of the approval for the existing structure and/or site;provided,however,that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above;or (7) The modification does not increases the square footage of the existing equipment compound to an area greater than two thousand five hundred(2,500)square feet. TOWER—Any structure built for the sole or primary purpose of supporting FCC licensed or authorized antennas,including the on-site fencing,equipment,switches,wiring,cabling, power sources,shelters,or cabinets associated with that tower but not installed as part of an antenna as defined herein. TRANSMISSION OR WIRELESS TELECOMMUNICATIONS EQUIPMENT— Equipment that facilitates transmission and reception for any FCC licensed or authorized wireless telecommunications service, including, but not limited to,radio transceivers, antennas, coaxial or fiber-optic cable and regular and back-up power supply. The term includes 6 Page 304 of 346 equipment associated with wireless telecommunications services,including,but not limited to,private,broadcast and public safety services,as well as unlicensed wireless services and fixed wireless services,such as microwave backhaul. UTILITY POLE—A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications,cable or electric service or for lighting,traffic control,signage,or a similar function,regardless of ownership,including Town-owned poles or poles owned by utility companies.Any utility pole in excess of fifty(50)feet in height shall be deemed a tower and not eligible as a location for small wireless telecommunications facilities. WIRELESS TELECOMMUNICATIONS EQUIPMENT---Any equipment used in connection with the commercial operation of wireless telecommunications services,as defined herein, and as the term"personal wireless service facility"is defined in the Communications Act of 1934,as amended by the Telecommunications Act of 1996,47 U.S.C.§332(c)(7)(C),or any statute that may replace it,to transmit and/or receive frequencies,including but not limited to antennas,monopoles,towers and related appurtenances. WIRELESS TELECOMMUNICATIONS FACILITY — A structure, facility or location designed or intended to be used as or used to support antennas,along with any antennas located on such structure,facility or location and any associated equipment.It includes but is not limited to,monopoles,lattice towers,DAS,microcell or small wireless facilities on utility poles or strand mounted in the public right-of-way or property of the Town or within the Town and similar structures that employ stealth technology,including,but not limited to, structures such as a multistory building,church steeple,silo,water tower,sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such.It includes any structure,antennas and associated equipment intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services,commercial satellite services,microwave telecommunications or other cellular telecommunications technologies,but excluding those used exclusively for the Town's fire,police,ambulance,and other dispatch telecommunications or exclusively for private radio and television reception and private citizen's bands,amateur radio and other similar telecommunications. WIRELESS TELECOMMUNICATIONS PROVIDER —An FCC licensed service provider offering wireless telecommunications to deliver such telecommunications services.These services may include,but are not limited to,voice,data,or video in either licensed or un- licensed spectrum.An enterprise business offering to host licensed or unlicensed service providers by deploying small cell technology such as,but not limited to,DAS and similar small cells. Any term contained in this section that is not defined above but is defined by the FCC shall have the meaning ascribed to it by the FCC. C.Permissible locations for wireless telecommunications facilities. 7 Page 305 of 346 Provided it complies with the requirements of this section: (A)(1)A macro wireless telecommunications facility may be located only in the following zoning districts of the Town: B-R LI UR SBR B-MUB and R but not(i)on a property designated by the Town as historic,or(ii)on a property listed on the New York State Register or the National Register of Historic Places or in a neighborhood that has been designated as historic by the Town,the State of New York, the County of Westchester or the federal government or(iii)on those properties that are owned or leased by the Town but are not listed in section 240-19.1(H). (2)A small wireless telecommunications facility may be located only in any of the districts that a macro wireless telecommunications facility may be located and in the ROWs of the Town. (3)In addition to the areas specified in section 240-19.1 C(A)(1)and C(A)(2),a macro wireless telecommunications facility or a small wireless telecommunications facility may be located on the Town-owned properties listed in section 240-19.1(H)if permission therefor is granted by the Town Board. (B) Neither type of wireless telecommunications facility shall be permitted in any area within the unincorporated area of the Town other than the areas specified in section 240-19.1 (A)(1),(2)or(3). D. Requirements for the installation, alteration, expansion or replacement of a wireless telecommunications facility whether on private property or Town-owned property. Except as otherwise provided in this section,no person shall be permitted to construct,install, or prepare a site for the installation of a wireless telecommunications facility or alter,expand or replace an existing wireless telecommunications facility without first obtaining: (i) in the case of a macro wireless telecommunications facility, site plan approval and a special permit from the Planning Board,followed by a Building Permit issued by the Building Inspector,or (ii) in the case of a small wireless telecommunications facility, a small wireless permit from the Planning Boardfollowed by a Building Permit issued by the Building Inspector 8 Page 306 of 346 (ii) in the case of a macro wireless telecommunications facility to be located on a Town-owned property,approval of the application by the Town Board, followed by a Building Permit issued by the Building Inspector. Special permits issued by the Planning Board for any wireless telecommunications facility shall not be subject to the limits on duration contained in section 240-64 of the Code. E.Application for all types of wireless telecommunications facilities. (1) An application for the construction or installation of a new wireless telecommunications facility or a substantial change to an existing wireless telecommunications facility, whether a small wireless telecommunications facility or a macro wireless telecommunications facility,shall contain the following information:_ (a)A descriptive statement of the applicant's or operator's objectives,and whether the applicant seeks to satisfy a need, such as improved coverage and/or capacity requirements, (b)Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily and essentially within the Town. Such documentation shall include,but not be limited to:(i)information relating to all other wireless telecommunications facilities and antennas associated with such wireless telecommunications facilities that are to be deployed in the Town in conjunction with the proposed wireless facility;and(ii)propagation and/or capacity studies of the proposed site including,but not limited to,both drive test and calibrated predictive coverage plots,and all adjoining planned,proposed,in-service or existing sites that demonstrate a significant area of less than reliable service in coverage and/or capacity,including an analysis of current and projected usage and a copy of the search ring within which a new wireless telecommunications facility is proposed to be located, (c) The name,postal address,email address and phone number of the person preparing the report, (d)The name,postal address,email address and phone number of the property owner, operator and applicant, (e)The postal address and Tax Map Section,Block and Lot of the property,or the postal address and Tax Map Section,Block and Lot of the closest property if the wireless telecommunication facility is proposed to be located in a right of way, (e)The zoning district or designation in which the property is situated, (f) The size of the property,stated both in square feet and lot line dimensions and a survey prepared by a licensed professional surveyor showing the location of all lot lines(an application to use a ROW does not have to supply this information), (g)The lot line of the nearest residential structure if such lot line is 1,200 feet or less from the property which is the subject of the application 9 Page 307 of 346 (h)The location,size and height of all existing and proposed structures on the property which is the subject of the application, (i) The type,locations and dimensions of all proposed and existing landscaping and fencing, (j) The number, type and model of the antenna(s) and if the proposed wireless telecommunications facility is a small cell installation, the small cell equipment proposed, (k)A description of the utility pole,monopole or other structure on which any antenna or associated equipment for a wireless telecommunications facility is to be located and a design plan stating the structure's capacity to accommodate multiple users, (1) A site plan describing any new proposed structure and antenna(s)and all related fixtures,associated equipment,appurtenances and apparatus,including,but not limited to,height above pre-existing grade,materials,color and lighting, (m)The frequency band,modulation and class of service of radio or other transmitting equipment, (n)The actual intended transmission power stated as the maximum effective radiated power(ERP)in watts of the antenna(s), (o)Direction of maximum lobes and associated radiation of the antenna(s), (p)Documentation justifying the total height of any proposed antenna and structure and the basis therefor.Such justification shall be to provide service within the Town,to the extent practicable,unless good cause is shown, (q)Certification that NIER levels at the proposed site will be and remain within the current threshold levels adopted by the FCC and the State of New York, (r) A statement signed by an engineer licensed by the State of New York that the analysis of site RF compliance for the proposed installation is consistent with applicable FCC regulations,additional guidelines issued by the FCC and industry practice and in clear compliance with FCC regulations concerning RF exposure, (s) A copy of the FCC license applicable for the intended use of the wireless telecommunications facility, (t) Certification that a topographic and geomorphologic study and analysis has been conducted and that the.;ubsurfacc and substrate and the proposed drainage planke site is adequate to assure the stability of the proposed wireless telecommunications facility on the property which is the subject of the applicationproposcd site, (u)Certification that if the proposed wireless telecommunications facility will be a small cell or DAS that each unit/installation will not exceed fifty-five(55)dBA of acoustic noise,measured five(5)feet from the unit in any direction,or violate any applicable noise regulation, (v)Visual EAF with visual addendum, 10 Page 308 of 346 (w)Written certification by an engineer licensed by the State of New York that the wireless telecommunications facility and support structures and attachments are designed and will be constructed to meet all local,county,state and federal structural requirements for loads,including wind and ice loads, f1Proof that the wireless telecommunications facility or expansion of an existing facility is not proposed to be located within the front yard setback area or closer to the front property line than the setback of the existing principal building,whichever is more restrictive, (x)(y)A statement by the applicant with supporting citation of law or regulation indicating the time within which the applicant maintains that its application must be decided. While the time periods established by federal regulations or statute may be considered a reasonable period of time for determining an application and the Planning Board and the Town Board,as the case may be,will use their best efforts to decide applications within such periods,circumstances may make it necessary to extend the date for a determination beyond the relevant time period. (2)In addition to the requirements of section 240-19.1(E),an application for collocation whether for a small wireless facility or a macro wireless facility,shall contain the following proof: (a)The existing wireless telecommunications support structure has been granted all necessary approvals by the appropriate approving authorities; (b)The proposed collocation shall not substantially increase the existing wireless support structure;and (c) The proposed collocation complies with the final approval of the wireless telecommunications support structure and all conditions attached thereto and either does not create a condition for which a variance would be required or for which relief would be required pursuant to any other applicable law,rule or regulation or that a variance or other required relief has been obtained. (3) For the purpose of starting the time period within which a decision on the application must be made, the application shall be deemed submitted when the Town Engineer determines that the application is complete. The Town Engineer shall notify the applicant of his/her determination of completeness within 10 business days after(i)the application is filed with the Building Department or(ti)any additional documentation or information is filed in response to the Town Engineer's determination that the application is not complete. (4)The Planning Board,the Town Board and if a variance is required,the Board of Appeals may refer the application before it to any of the Town's other departments,officials,boards or commissions. (5)(a)Before a building permit is issued,the applicant shall post abond or a letter of credit that will remain in effect until cancelled,in favor of the Town in an amount sufficient to 11 Page 309 of 346 secure the removal of the wireless telecommunications facility when it is decommissioned. The amount of such bond shall be determined by the Planning Board in the case of parcels situated in the B-R,SBR,UR and R zoning districts or the Town Board in the case of a wireless telecommunications facility located on Town-owned property.The bond or letter of credit shall be issued by a surety or institution with assets sufficient to assure that it will be capable of satisfying its obligation and be in a form approved by the attorney for the Town. (b) Upon notice to the applicant or the person in control of the wireless telecommunications facility,the Planning Board in the case of parcels situated in the B- R,SBR, UR and R zoning districts or by the Town Board in the case of a wireless telecommunications facility located on Town-owned property may require that the surety or institution be changed or may increase the amount of the bond or letter of credit if it is determined that the surety or institution no longer has assets sufficient to assure that it will be cap able of satisfying its obligation or that the amount of the existing bond or letter of credit is inadequate to secure the removal of the wireless telecommunications facility when it is decommissioned. (c)If the bond lapses or the letter of credit is canceled,the Planning Board in the case of parcels situated in the B-R,SBR,UR and R zoning districts or the Town Board in the case of a wireless telecommunications facility located on Town-owned property, after conducting a hearing done on notice to the applicant or the person in control of the wireless telecommunications facility,will have the right to revoke permission for the wireless telecommunications facility. Revocation of permission shall be deemed a decommissioning of the wireless telecommunications facility. (6) (a) The Planning Board or the Town Board, upon advice from the Town of Mamaroneck's insurance carrier, shall determine the amount of insurance coverage against liability for personal injury,death or property damage that must be maintained while the wireless telecommunications facility is being constructed,after it is installed and until it is removed.Such insurance shall be issued by an insurance company with an AM Best Rating of A+, shall name the Town as an additional insured and must provide that the underwriter notify the Town if the policy expires. Such liability insurance must be maintained throughout the existence of the wireless telecommunications facility. Before a building permit is issued,a copy of such policy must be delivered to the Building Department. (b)When such policy is renewed or replaced,a copy of the renewed or replacement policy shall be delivered to the Building Department within thirty(30)days of its issuance.If the insurance policy lapses or does not provide the required coverage,the Planning Board in the case of parcels situated in the B-R,SBR,UR and R zoning districts or the Town Board in the case of a wireless telecommunications facility located on Town- owned property,after conducting a hearing done on notice to the applicant or the person in control of the wireless telecommunications facility,will have the right to revoke 12 Page 310 of 346 permission for the wireless telecommunications facility.Revocation of permission shall be deemed a decommissioning of the wireless telecommunications facility. {Formatted:Font:16 pt F. Provisions applicable to macro wireless telecommunications facilities only. In addition to complying with the other requirements of this section,a macro wireless telecommunications facility shall meet the following standards and contain the following submissions: (1) Ground-mounted equipment associated with macro wireless telecommunications facilities shall be limited to a height of twelve(12)feet above the existing grade and shall be no closer to side or rear property lines than the minimum setbacks applicable to accessory structures within the zone or one(1)foot in those districts where there are no minimum setbacks. (2) Support structures for macro wireless telecommunications facilities other than existing buildings or structures shall be set back from the closest property line a distance equal to at least one hundred and twenty percent(120%)of the height of the composite support structure and attached antennas measured from the highest point of the composite facility to the existing ground level at the base of the facility. (3)No signs shall be permitted,except for signs two square feet or less in area that display the name,address and telephone number of the owner of the facility,safety warnings or instructions,and information regarding the equipment on site.Height shall be measured from ground level,to the highest point on the wireless telecommunications facility,or if higher,the highest point on any extension to an existing supporting structure required to support the wireless telecommunications facility. (4)A macro wireless telecommunications facility shall be no higher than the minimum height necessary to achieve its purpose and under all circumstances,no more than one hundred twenty-five feet in height. (5) The applicant for a macro wireless telecommunications facility shall submit a list of eligible locations within the applicant's search area and has ranked the locations in accordance with the priorities in section 240-19.1 G(7) (6) Wind and ice. All macro wireless telecommunications facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments e€t,ke National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association(ANSI/EIA/TIA-222,as amended). 13 Page 311 of 346 (7) Aviation safety.All macro wireless telecommunications facilities shall comply with all federal and state laws and regulations concerning aviation safety,including but not limited to,the regulations of the FAA. (8) Public safety communications.All macro wireless telecommunications facilities shall not interfere with public safety communications or the reception of broadband,television, radio or other communications services enjoyed by occupants of nearby properties. (9) Radio frequency emissions.A macro wireless telecommunications facility shall not,by itself or in conjunction with other wireless telecommunications facilities,generate radio frequency emissions in excess of the standards and regulations of the FCC,including, but not limited to, the FCC Office of Engineering Technology Bulletin 65,entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,"as amended. (10) Before a building permit is issued,a bond in favor of the Town in an amount sufficient in amount to secure the removal of a macro wireless telecommunications facility when it is decommissioned shall be posted. The amount of such bond shall be determined by the Planning Board,issued by a surety with assets sufficient to assure that it will be capable of satisfying its obligation and be in a form approved by the attorney for the Town. (11)As condition of site plan approval,the Planning Board,upon advice from the Town of Mamaroneck's insurance carrier, shall determine the amount of insurance coverage against liability for personal injury,death or property damage that must be maintained while the macro wireless telecommunications facility is being constructed,after it installed and until it is removed. Such insurance shall be issued by an insurance company with an AM Best Rating of Ate,shall name the Town as an additional insured and must provide that the underwriter notify the Town if the policy expires.Before a building permit is isued, a copy of such policy must be delivered to the Building Department. When such policy is renewed or replaced,a copy of the renewed or replacement policy shall be delivered to the Building Department within thirty(30)day., of its isuance.If such policy lapses,the Town will have the right to revoke permission for the macro wireless telecommunications facility.If such policy lapses,the Planning Board or the Town Board,after conducting a hearing on notice to the applicant,will have the right to revoke permission for the macro wireless telecommunications facility. G. Provisions applicable to small wireless telecommunications facilities only. (1) Design.All small wireless telecommunications facilities shall be designed,constructed, operated,maintained,repaired,modified and removed in strict compliance with all current applicable technical,safety and safety related codes,including,but not limited to,the most-recent editions of the American National Standards Institute(ANSI)Code, 14 Page 312 of 346 National Electrical Safety Code,and National Electrical Code.All small wireless facilities shall,at all times,be kept and maintained in good condition,order and repair by qualified maintenance and construction personnel,so that the same shall not endanger the life of any person or any property.In addition to the provisions listed in this section, all small wireless telecommunications facilities shall be designed to comply with the following requirements: (a)All equipment shall be the smallest and least visibly intrusive equipment feasible. (b)Small wireless telecommunications facilities and associated equipment shall be treated to match the supporting structure and may be required to be painted,or otherwise coated,to be visually compatible with the support structure upon which they are mounted. (c)Pole and strand mounted small wireless telecommunications facilities shall be a minimum of two hundred fifty(250)feet apart radially.They shall be located in line with trees,existing streetlights,utility poles and other street furniture when possible. (d)No more than two(2)small wireless telecommunications facilities with associated antennas shall be mounted to a freestanding pole or structure (e)Small wireless telecommunications facilities and any associated equipment in the public right-of-way shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or bicyclists or to otherwise create safety hazards to pedestrians,motorists,bicyclists or residents or occupants of buildings,or to otherwise cause inconvenience to the public's use of the public right-of-way. (f)To the extent feasible,associated equipment shall be placed underground. Mounted associated equipment that cannot be placed underground shall be screened from surrounding views,to the fullest extent possible,through the use of landscaping or other decorative features.Ground-mounted associated equipment shall be screened, when possible,by utilizing existing structures. If screening by utilizing existing structures is not possible, ground mounted associated equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings,landscaping, and/or screening walls,enclosures or other stealth technology. (g) Electrical meter cabinets, if required, shall the screened to blend in with the surrounding area. (h)Associated equipment attached to a small wireless telecommunications facility support structure shall have such vertical clearance as the Planning Board or in the case of a variance,the Board of Appeals may determine and an applicable utility company may require. (2) Wind and ice.All small wireless telecommunications facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering 15 Page 313 of 346 departments of the Electronics Industry Association and Telecommunications Industry Association(ANSI/EIA/TIA-222,as amended). (3) Aviation safety.Small wireless facilities shall comply with all federal and state laws and regulations concerning aviation safety, including but not limited to, the regulations of the FAA. (4) Public safety communications.Small wireless telecommunications facilities shall not interfere with public safety communications or the reception of broadband,television, radio or other communications services enjoyed by occupants of nearby properties. (5) Radio frequency emissions.A small wireless telecommunications facility shall not, by itself or in conjunction with other wireless telecommunications facilities,generate radio frequency emissions in excess of the standards and regulations of the FCC, including,but not limited to,the FCC Office of Engineering Technology Bulletin 65, entitled"Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,"as amended. (6) Small wireless telecommunications facilities shall be no higher than the minimum height necessary.The proposed height,which may be in excess of the maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate collocation by additional antenna arrays or small cells,but under no circumstances is the height to be in excess of what is permitted for small wireless telecommunications facilities. (7)Visibility (a)A small wireless telecommunications facility shall be sited so as to have the least- adverse visual effect on the environment and its character,on existing vegetation and on the residents in the area of the site. (b)Both the small wireless telecommunications facility and any and all associated equipment shall maximize the use of building materials, colors and textures designed that blend with the structure to which it may be affixed and/or harmonize with the natural surroundings. (c) Small wireless telecommunications facilities shall not be artificially lit or marked, except as required by law.If lighting is required, the applicant shall present a photometric analysis that shows that the applicant will use best practices for mitigating the impact of lighting. (d)Where deemed appropriate by the Planning Board, electrical and land-based telephone or fiber lines extended to serve the small wireless telecommunications facility sites shall be installed underground. (e) Stealth technologies shall be employed in an effort to blend into the surrounding environment and minimize aesthetic impact. (f)Landscaping shall be provided,where appropriate. 16 Page 314 of 346 (8) Small wireless telecommunications facilities and any associated equipment in the public right-of-way shall also comply with the procedures and requirements set forth in chapter 187 of the Town Code relating to construction activities within the public right-of-way. To the extent any provisions in section 187 are inconsistent with the provisions set forth in this section,the provisions in this section shall control. (9)—_ Before a building permit is isued,a copy of a liability insurance policy 1,sued by an insurance company with an AM Bcst Rating of A'must be delivered to the Building Department. Such insurance shall name the Town as an additional insured and must provide that the underwriter notify the Town if the policy expires. Such liability insurance must be maintained throughout the existence of the small wireless telecommunications facility. When such policy is renewed or replaced,a copy of the renewed or replacement policy hall be delivered to the Building Department within thirty(30)days of its isuance. (10)Maintenance.To the extent permitted by law,the following maintenance requirements shall apply: (a) Small wireless telecommunications facilities shall be fully automated and not require in-person attendance on a daily basis and shall be visited only for maintenance,replacement or emergency repair. (b)Such maintenance shall be performed to ensure the upkeep of the facility in order to maintain an acceptable appearance and promote the safety and security of the Town. (c)All maintenance activities shall utilize the best available technology for preventing failures and accidents. (d)Any graffiti on any small wireless telecommunications facility support structure or any associated equipment shall be removed at the sole expense of the owner within ten(10)days upon notification by the Town. (11)Priorities. A. The locations listed (a) through (f) below are the locations for small wireless telecommunications facilities within the Town listed in the order of preferred locations with(a)being the most desirable location and(f)being the least desirable location. Applicants for small wireless communication facilities shall categorize the site that they propose according to the following priorities or shall advise that the proposed site does not fall into any of the categories. (a) Collocation on existing utility poles, monopoles, or other small wireless telecommunications facility support structures on lands owned or controlled by the Town, (b)Collocation on a site with existing small wireless telecommunications facilities or other wireless telecommunications facility structures in the Town, 17 Page 315 of 346 (c) On the Town-owned properties listed in section 240-19.1 H(1), (d)On lands owned or controlled by other municipal corporations within the Town,to the extent permitted by such other municipal corporation, (e) On nonresidential zoned properties,and (f) Within public rights of way. (B)If the proposed site is not in the most preferred category,the applicant must supply a detailed explanation as to why a site in a more preferred category was not selected.The applicant also must satisfactorily demonstrate why approval should be granted for the proposed site and the hardship that would be incurred if the application were not approved. Stating that the proposed site has already been leased or purchased is not a satisfactory demonstration of why approval should be granted for the proposed site. (C)If collocation is not proposed,the applicant must provide a compelling reason why collocation it is not being proposed. (D)Notwithstanding the above,the Planning Board may approve a less preferred site if it finds that the proposed site will further the purposes of this section,is in the best interest of the safety,public welfare, character and environment of the Town and will not have a deleterious effect on the nature and character of the community and surrounding properties. H. Application when a wireless telecommunications facility is proposed for Town property, (1)New wireless telecommunications facilities and the collocation of such facilities shall be permitted only on the following properties owned by the Town: The Weaver Street firehouse The Maxwell Avenue site The Town owned building in Memorial Park Town owned parking lots Public rights-of-way The Ambulance Building on Weaver Street The Hommocks Ice Rink The Town Center The Senior Center and The Sheldrake Environmental Center (2) This section shall not be construed so as to create a right or entitlement to use Town property for a wireless telecommunications facility. (3) Applications for a wireless telecommunications facility to be located upon Town-owned property must satisfy the same requirements and undergo the same type of review as a 18 Page 316 of 346 wireless telecommunications facility located on privately owned property must satisfy and undergo. (4) (a)Before the Building Inspector can issue a small wireless permit for a small wireless telecommunications facility or pole to be installed within the public right-of-way,a right of way agreement between the person or entity that will operate the small wireless telecommunications facility and the Town must be executed by both parties. (b)The term of the right of way agreement shall not exceed fifteen(15)years,shall contain the conditions imposed by the Planning Town Board when it approved the wireless telecommunications facility and require, among other things,that the operator maintain liability insurance with coverage for an amount that is reasonable under the circumstances. A form right of way agreement shall be maintained by the Building Department. (5)In addition to other fees;that may be imp osed pursuant to this sectionfor a small wirelcx telecommunications facility permit,every small wireless telecommunications facility located in a right-of-way shall pay an annual fee for the use and occupancy of the right-of-way. I. Provisions applicable to applications for both macro wireless telecommunications facilities and small wireless telecommunications facilities (1) All proposed wireless telecommunications facilities(a)shall be sited so as to minimize visual intrusion as much as possible given the facts and circumstances involved with the proposed site and facility,(b)where appropriate,will employ stealth technologies as directed by the applicable municipal board(Town Board,Planning Board or Board of Appeals),and(c)will be designed,engineered and constructed so as to have the least- adverse visual and sonic effect on the environment,the character of the community and surrounding properties. (2) The Town Board,the Planning Board or the Board of Appeals may retain outside consultants,including,but not limited to,radio frequency engineers and other wireless telecommunications consultants to assist it in reviewing an application made pursuant to this section.,The Board may require an applicant to establish,fund and replenish an escrow account to pay the fees and related costs incurred by the Board for outside consultants The outside consultant(s)will conduct an independent investigation and analysis of all applicable data relating to existing and proposed wireless telecommunications facilities,including whether there exists a considerable area(s)of less than reliable service in coverage and/or capacity and whether the proposed wireless telecommunications facility will improve service in the area(s) of less than reliable service. The outside consultant(s) also shall conduct an independent review and assessment of alternate sites and other technologies that may improve service in the 19 Page 317 of 346 area(s)of less reliable service and have a less intrusive impact upon the neighborhood than the site and/or the technology proposed by the applicant. 0_1 A wireless telecommunication facility shall be removed within one hundred(180)days of being decommissioned by the person in control of that facility when the facility is decommissioned. The property upon which the facility was constructed must be left in a safe condition when the removal is completed J. Exemptions. (1)The following actions shall not require site plan approval a special permit or a small wireless permit: (a) a change in the dimensions of a wireless telecommunications facility if such change is not substantial. (b) a modification to,or the replacement of,an existing wireless telecommunications facility that does not substantially change the existing wireless telecommunications facility. (c) the repair and/or maintenance of an existing wireless telecommunications facility. (d) collocation;provided(a)the existing tower,building or structure to which the proposed antennae are to be mounted or installed has been granted all necessary approvals by the appropriate approving authorities,(b)was designed to receive the proposed collocation, (c)will not substantially increase the existing wireless support structure and(d)complies with the special permit and site plan approval (in the case of a macro wireless telecommunications facility)or the small wireless permit(in the case of a small wireless telecommunications facility)and all conditions attached thereto and would not create a condition for which a variance would be required or for which relief would be required pursuant to any other applicable law,rule or regulation. (e) installation of a personal wireless telecommunications device designed for in-home or in- office use that either provides telecommunications or to boost an existing signal for telecommunications;provided that there are no installations outside the walls of the building in which the device is installed and that such device(s)shall be FCC approved to not interfere with public safety communications or the reception of broadband,television, radio or other communications services enjoyed by occupants of nearby properties. (2) The exempt actions described above shall require a building permit from the Building Inspector. Chapter 75 of the Code shall not apply to the alteration, expansion, replacement construction,installation,or the preparation of a site for any of the foregoing activities of a wireless telecommunications facility. L3_1 Chapter 114 of the Code shall not apply to applications for site plan approval or for a special permit for a wireless telecommunications facility. 20 Page 318 of 346 Section 3—Amendment of a current section of the Mamaroneck Code: Section 240-30 of the Code of the Town of Mamaroneck is amended to add the following to paragraph B thereof: B. Special permit uses,subject to conformance to additional standards as provided herein and in ,- Formatted:Font:Palatino Linotype,11 pt Article`IJC�($$2 40-60 tom 40-65) '{Formatted:Font:Palatine Linotype,11 pt {Formatted:Font:Palalino Linotype,11 pt Formatted:Font:Palatine Linotype,11 pt (9)wireless telecommunications facilities (�,, ‘{Formatted:Font:Palatine Linotype,11 pt `\,f Formatted:Font:Palalino Linotype,11 pt Section 4—Amendment of a current section of the Mamaroneck Code: `,fFormatted:Font:Palatno Linotype,11 pt t Formatted:Font:Palatine Linotype,11 pt Section 240-31 of the Code of the Town of Mamaroneck is amended to add the following to paragraph B thereof: B.Special uses. ,-{Formatted:Font:Palalino Linotype,11 pt f 10)wireless telecommunications facilities Section 5—Amendment of a current section of the Mamaroneck Code: Section 240-21.1 of the Code of the Town of Mamaroneck is amended to delete the current paragraph B(3)and replace it with the following: B.Special permit uses;requirements. (3)wireless telecommunications facilities Section 6—Amendment of a current section of the Mamaroneck Code: ,Section 240-32(A)of the Code of the Town of Mamaroneck is amended to delete paragraph(6) ,-'{Formatted:Font:Palalino Linotype and section 240-32(B)of the Code of the Town of Mamaroneck is amended toad the following: B. Special uses f 2)wireless telecommunications facilities ,-{Formatted:Font:Palatine Linotype 21 Page 319 of 346 Section 47—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction,such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law,which may be implemented without the invalid or unconstitutional provisions. Section 48—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. May 1'L'0'3 September 1,2023-LL REVD w HM comment .---{Formatted:Space After: 0 pt 22 Page 320 of 346 47 o o � - a w Q 4 z Town of Mamaroneck rz— ! ' Town Attorney, Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Date: August 25, 2023 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney Subject: Rules to be Observed by Members of the Public who Attend a Town Board Meeting General: I revised the rules in accordance with the discussion at the August 23rd work session. I also combined the rules for the work session and the rules for the legislative session since the rules should be the same for both. Here are the revised rules. I also prepared a resolution for consideration at the September 6th meeting. Attachment/s: 2023-8-25-proposed rules for TB mtgs resolution (general) Page 321 of 346 Rules to be observed by members of the public who attend a Town Board meeting Except for those portions of a Town Board meeting when the Board conducts an executive session or seeks advice from its attorney, Town Board meetings are meetings which are open to the public. The public is encouraged to attend and observe the proceedings and where appropriate, to participate. Most Town Board meetings are divided into two sessions: a work session where the Board discusses matters of importance to the Town and although allowed to do so,usually takes no formal action, and a legislative session which ordinarily is televised and where the Board, among other things, takes formal action, such as passing resolutions, adopting local laws, etc. Persons attending a Town Board meeting must observe the following rules: 1. Members of the public must remain in the area designated for them and either stand in such area or sit in the chairs provided for them in that area. Standing in the vicinity of a Town Board member or a member of the Town staff outside the area designated for the public is strictly prohibited. 2. Except when comments from the public are requested during a public hearing or unless invited to address the Town Board, members of the public shall not speak. 3. Unless pre-arranged with the Town Administrator, members of the public shall not bring signs, placards, flyers or handouts into a Town Board meeting. Examples when such items may be allowed are when applicants, experts or students are invited to address the Town Board and use such items as visual aids to their presentation. 4. Cell phones or other devices that emit sound must be placed in the silent mode. 5. Vulgar or obscene language by members of the public is strictly prohibited. 6. Actions by members of the public that disrupt a Town Board meeting are strictly prohibited. Members of the public who violate any of these rules shall be directed to cease. If they persist or violate the same or a different rule later during a Town Board meeting, they will be directed to leave the room. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Rules etc./2023 8 25 proposed rules for TB mtgs Page 322 of 346 RESOLUTION ADOPTING RULES TO BE OBSERVED BY MEMBERS OF THE PUBLIC AT TOWN BOARD MEETINGS On motion of Council , seconded by Council , the following was approved, BE IT RESOLVED, that the rules to be observed by members of the public who attend a Town Board meeting that appear below be and the same are adopted. The above resolution was put to a roll call vote: Nichinsky King Fiddelman Katz Elkind Eney Page 323 of 346 c 4 ir @ Town of Mamaroneck i— X; Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Sale of Town Property - 20 Winthrop Avenue Date: September 1, 2023 Attached please find documentation required for the sale of Town-owned property adjacent to 20 Winthrop Avenue for the sum of $16,000. I have previously visited this property with our Town Engineer and Highway Foreman and confirmed with them that there is no public purpose for this piece of property. Action Requested: Resolved that the Town Board hereby authorizes the sale of Town-owned property adjacent to 20 Winthrop Avenue, as per the attached contract, subject to permissive referendum, and further authorizes the Town Administrator to execute and deliver the contract of sale,the prep documents and the deed in exchange for the purchase price. Attachment/s: 2023-09-01-contract of sale Vacant Land Schedule A Survey of Schedule A QUITCLAIM DEED (002) Page 324 of 346 CONTRACT OF SALE (Vacant Land) THIS AGREEMENT is dated the day of September, 2023 and is between Town of Mamaroneck whose address is 740 West Boston Post Road, Mamaroneck,NY 10543 ("Seller") and Julian Charles Sancton and Jessica Emilie Levine,both residing at 20 Winthrop Avenue,Larchmont, NY 10538("Purchaser"). 1. Seller shall sell and Purchaser shall buy the real property hereinbelow described for the sum of sixteen thousand and no/100ths($16,000.00) dollars, payable as follows: On the signing of this Contract,no down payment, At closing, by bank or certified check, the sum of sixteen thousand and no/ths ($16,000.00) dollars. 2. The real property is described on the annexed Schedule A. 3. Upon receipt of the purchase price at the time and in the amount set forth in "1" above, the Seller shall execute and deliver to Purchaser, a Quit Claim Deed, in recordable form, so as to convey whatever title, if any, the Seller has to the real property described on Schedule A, subject to the covenants and restrictions set forth below. The Purchaser shall pay for the preparation of the Quit Claim Deed, all documents associated with this transaction and all transfer taxes due as a result of the sale of the real property. The deed shall contain a clause which complies with Section 13 of the Lien Law. If the Seller is unable to convey insurable title subject to the matters set forth herein, the Purchaser may either (a) close title and accept whatever title the Seller can convey or (b) cancel the contract. In either case, the Seller will not be considered to be in default of this Contract and the Purchaser shall not seek any damages, specific performance of this Contract or an abatement in the purchase price. 4. All adjustments of real estate taxes, assessments and water/sewer charges, if any, shall be conducted in the normal manner for real estate transaction in the locality in which the real property is situated. 5. The Purchaser shall have possession of the real property on the date of the transfer of title unless otherwise agreed to, in writing, by the parties hereto or their attorneys, in which event, all adjustments shall be calculated from the date that the Purchaser took possession of the real property and Purchaser shall be obligated to maintain the real property from said date. 6. If the Purchaser fails to perform any of the terms, conditions and provisions of this Contract that it is required to perform, the Seller shall give the Purchaser written notice of such default. If the Purchaser fails to cure the default, within ten (10) business days after notice has been given, the Seller may terminate this Contract by giving written notice in the same manner that a notice of default may be given. If the Purchaser is in possession of the real property, it shall immediately relinquish same to the Seller. Upon written request by either party, the parties shall execute a formal termination contract. The Purchaser hereby expressly appoints the Seller as the Purchaser's attorney-in-fact for the sole Page 325 of 346 purpose of executing a formal termination of contract if the Purchaser fails to or refuses to execute same within fifteen (15) days after the Seller requests that it do so. The rights afforded the Seller hereunder shall be in addition to those afforded to it by law. 7. This Contract may only be changed or amended in a writing signed by the parties hereto. 8. This Contract shall be binding upon the distributees, executors, administrators, successors and assigns of the parties hereto. 9. This Contract of Sale is subject to a permissive referendum. 10. The closing shall occur on or about the 14th day after the date that the time to petition for a permissive referendum shall have expired. 11. The acceptance of the deed by the Purchaser shall be deemed to be the full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Contract of Sale. None of the obligations that the Seller is required to perform pursuant to this Contract of Sale shall survive the closing. 12. The Purchaser will accept the real property in its "as-is" condition on the date of the closing and subject to any state of facts an accurate survey may show, each covenant, easement or restriction of record and all zoning laws and other laws, ordinances and regulations imposed by any governmental unit or municipal authority having jurisdiction over the parties or the real property. 13. In entering into this Contract for Sale, the Purchaser is not relying upon any representation, express or implied, made by the Seller or its employees or consultants. 14. The parties may not assign their rights under this Contract of Sale. 15 (a) Any notice which is required or may be given under this Contract of Sale shall be in writing and shall be deemed to have been made either (i) on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice) or to someone of suitable age and discretion at the address of that party(or a person who is entitled to a copy of the notice) or (ii) on the first business day after it is sent, if it is sent by a reputable overnight courier or (iii) on the third business day after it is mailed, if it is mailed by certified mail, return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a copy of a notice("addressees") are: If to the Purchaser, to: Julian Charles Sancton and Jessica Emilie Levine 20 Winthrop Avenue Larchmont, NY 10538 2 Page 326 of 346 If to the Town,to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att:Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck,NY 10543 Att: Town Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. 16. The words "Purchaser" and "Seller" shall include the plural thereof where applicable. 17. This Contract may be executed in one or more counterparts, which, when taken together, shall constitute a single agreement. This Contract may be transmitted with a facsimile signature or a "PDF" or similar signature which shall be fully binding and enforceable on the Parties. IN WITNESS WHEREOF the parties have signed this Contract on the date and year first mentioned herein. Town of Mamaroneck By: Meredith S. Robson, Town Administrator Julian Charles Sancton Jessica Emilie Levine Sales of Land/20 Winthrop/2022-09-01-contract of sale Vacant Land 3 Page 327 of 346 4 Page 328 of 346 Stephen F. Hoppe, LS, P.C. Licensed Professional Land Surveyor 111 Route 303 ♦ Tappan, NY 10983 Phone 1(845) 359-5050 June 7, 2023 DESCRIPTION OF LAND TO BE CONVEYED 20 WINTHROP AVENUE MAMARONECK,WESTCHESTER CO.,NY BEGINNING at a point in the southerly sideline of Winthrop Avenue where the same is intersected by the easterly side of Plymouth Road and running thence , 1.) S. 51°-07'W., along the easterly side of Plymouth Road for a distance of 100.00 feet to a point in same,thence ; 2.) N. 39°-41'-10" W., along the southerly side of Plymouth Road for a distance of 7.00 feet to a point in same,thence; 3.) N. 51°-07'E., for a distance of 43.39 feet to a point,thence; 4.) N. 38°-53'-00" W., for a distance of 11.41 feet to a point,thence; 5.) N.42°-13'-54" E., for a distance of 57.38 feet to a point, thence; 6.) S. 38°-53'-00" E.,for a distance of 26.39 feet to the point and or place of beginning. Known as a portion of Plymouth Road to be conveyed to Tax Lot 56 (20 Winthrop Avenue). Area to be conveyed= 1,548 SF Page 329 of 346 OFFSET DIMENSIONS ARE NOT TO BE USED FOR CONSTRUCTION. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. NIIIIII\ y CI CC WINTHROP AVE w I OVERHEAD WOES (FORMERLY LOCUST AVE) I r _ [U.P. P.O.B�' `STONE WALK wW ° L. S. 38°-53'-00" E. D I ry fir 75.001 in W MA'IE 8c STO MASN WALL CO � .,,,, iONE STORY; Op p t1 Q7 p SEC.-4 `} 0 '' BLK.-10 / p0 1 TWO STORYI LOT-56 FRAME (TAX MAP) 1 DWELLING J ` / tf #20 -WOOD FENCE 111 STY d t I `'� A. PL PROPOSED- l cE CONVEYANCE CONG }: 20 19 4 pp 18 p �..,( ADAM of ,►gf'IVE 21 1 o n ftPP p FILED MAP j� / LOT ii (TYP.) . , ` 1 FRAME in , GARAGE; '(,.j Z O ,-WOOD FENCE 50.00' 25.00' 3.7, N. 39'-41'-10" W. N. 39`-54'-50" W. ` 1``1\ OVERHEAD WIRES SURVEY OF PROPERTY #20 WINTHROP AVENUE LOT 56 , BLOCK 10 , SECTION 4 MAMARONECK, WESTCHESTER CO . , NY Certified to:Jessica Levine SCALE:1"=30' DATE: APR. 7, 2023 STEPHEN F. HOPPE, L.S. LICENSED PROFESSIONAL LAND SURVEYOR Map Reference:Being known as Lot Nos. 19,20 and 21 on a 1 1 1 ROUTE 303 map entitled:"Map of Lands of Frederick Lorenzen,Esq.,being TAPPAN, EW YORK 10983 Subdivision of Property purchased from Florence S.Lambert, NY IC. O. 50539 situate in the Town of Mamaroneck,Westchester County,N.Y." filed in the Westchester County Clerk's Office on June 18, 1900 in Volume 13 of map at Page 42. L.S. i DRAWN BY—TJH I REVISED: 1 LE NO.-7162-23 Page 330 of 346 QUITCLAIM DEED THIS INDENTURE made as of BETWEEN the Town of Mamaroneck,with offices at 740 West Boston Post Road,Mamaroneck, NY 10543,the party of the first part,and Julian Charles Sancton and Jessica Emilie Levine, both residing at 20 Winthrop Avenue, Larchmont, N 10538Y,the party of the second part, NOW, THEREFORE, the party of the first part, in consideration of sixteen thousand and no/ths ($16,000.00) dollars paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, its successors and assigns forever, all of its interests to the real property described in Schedule "A" hereto without any representation as to the quality of the party of the first party's title thereto. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets roads abutting the premises described in Schedule "A" to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises granted herein to the party of the second part its successors and assigns forever. AND the party of the first part,in compliance with Section 13 of the Lien Law,hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part, acting through Stephen V. Altieri, as Town Administrator of the Town of Mamaroneck has duly executed this deed as of the day and year written above. TOWN OF MAMARONECK By: Name:Meredith S. Robson Title: Town Administrator State of New York County of Westchester On before me,the undersigned personally appeared Meredith S. Robson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as the Town Administrator of the Town of Mamaroneck,and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 331 of 346 c 4 i _0, r @ Town of Mamaroneck i— X; Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Sale of Town Property - 15 Edgemont Road Date: September 1, 2023 Attached please find documentation required for the sale of Town-owned property adjacent to 15 Edgemont Road for the sum of $7,500. Staff has determined that there is no public purpose for this property. Action Requested: Resolved that the Town Board hereby authorizes the sale of Town-owned property adjacent to 15 Edgemont Road, as per the attached contract, subject to permissive referendum, and further authorizes the Town Administrator to execute and deliver the contract of sale,the prep documents and the deed in exchange for the purchase price. Attachments: 2023-09-01-contract of sale Vacant Land (003) Schedule A Survey of Schedule A QUITCLAIM DEED (002) Page 332 of 346 CONTRACT OF SALE (Vacant Land) THIS AGREEMENT is dated the day of September, 2023 and is between Town of Mamaroneck whose address is 740 West Boston Post Road, Mamaroneck, NY 10543 ("Seller") and Peter M. McWhinnie and Paula Kirby, both residing at 15 Edgemont Road, Larchmont, NY 10538 ("Purchaser"). 1. Seller shall sell and Purchaser shall buy the real property hereinbelow described for the sum of seven thousand five hundred and no/100ths($7,500.00) dollars, payable as follows: On the signing of this Contract,no down payment, At closing, by bank or certified check, the sum of seven thousand five hundred and no/ths ($7,500.00) dollars. 2. The real property is described on the annexed Schedule A. 3. Upon receipt of the purchase price at the time and in the amount set forth in "1" above, the Seller shall execute and deliver to Purchaser, a Quit Claim Deed, in recordable form, so as to convey whatever title, if any, the Seller has to the real property described on Schedule A, subject to the covenants and restrictions set forth below. The Purchaser shall pay for the preparation of the Quit Claim Deed, all documents associated with this transaction and all transfer taxes due as a result of the sale of the real property. The deed shall contain a clause which complies with Section 13 of the Lien Law.If the Seller is unable to convey insurable title subject to the matters set forth herein, the Purchaser may either (a) close title and accept whatever title the Seller can convey or (b) cancel the contract. In either case, the Seller will not be considered to be in default of this Contract and the Purchaser shall not seek any damages, specific performance of this Contract or an abatement in the purchase price. 4. All adjustments of real estate taxes, assessments and water/sewer charges, if any, shall be conducted in the normal manner for real estate transaction in the locality in which the real property is situated. 5. The Purchaser shall have possession of the real property on the date of the transfer of title unless otherwise agreed to, in writing, by the parties hereto or their attorneys, in which event, all adjustments shall be calculated from the date that the Purchaser took possession of the real property and Purchaser shall be obligated to maintain the real property from said date. 6. If the Purchaser fails to perform any of the terms, conditions and provisions of this Contract that it is required to perform, the Seller shall give the Purchaser written notice of such default. If the Purchaser fails to cure the default, within ten (10) business days after notice has been given, the Seller may terminate this Contract by giving written notice in the same manner that a notice of default may be given. If the Purchaser is in possession of the real property, it shall immediately relinquish same to the Seller. Upon written request by either party, the parties shall execute a formal termination contract. The Purchaser hereby expressly appoints the Seller as the Purchaser's attorney-in-fact for the sole Page 333 of 346 purpose of executing a formal termination of contract if the Purchaser fails to or refuses to execute same within fifteen (15) days after the Seller requests that it do so. The rights afforded the Seller hereunder shall be in addition to those afforded to it by law. 7. This Contract may only be changed or amended in a writing signed by the parties hereto. 8. This Contract shall be binding upon the distributees, executors, administrators, successors and assigns of the parties hereto. 9. This Contract of Sale is subject to a permissive referendum. 10. The closing shall occur on or about the 14th day after the date that the time to petition for a permissive referendum shall have expired. 11. The acceptance of the deed by the Purchaser shall be deemed to be the full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Contract of Sale. None of the obligations that the Seller is required to perform pursuant to this Contract of Sale shall survive the closing. 12. The Purchaser will accept the real property in its "as-is" condition on the date of the closing and subject to any state of facts an accurate survey may show, each covenant, easement or restriction of record and all zoning laws and other laws, ordinances and regulations imposed by any governmental unit or municipal authority having jurisdiction over the parties or the real property. 13. In entering into this Contract for Sale, the Purchaser is not relying upon any representation, express or implied, made by the Seller or its employees or consultants. 14. The parties may not assign their rights under this Contract of Sale. 15 (a) Any notice which is required or may be given under this Contract of Sale shall be in writing and shall be deemed to have been made either (i) on the day that it is hand delivered to the other party (or a person who is entitled to a copy of the notice) or to someone of suitable age and discretion at the address of that party (or a person who is entitled to a copy of the notice) or (ii) on the first business day after it is sent, if it is sent by a reputable overnight courier or (iii) on the third business day after it is mailed, if it is mailed by certified mail, return receipt requested. The addresses of the parties and the names of the persons who are entitled to receive a copy of a notice("addressees") are: If to the Purchaser, to: Peter M. McWhinnie and Paula Kirby 15 Edgemont Road Larchmont, NY 10538 With a copy to: Paul J.Noto Dorf&Nelson LLP 555 Theodore Fremd Avenue Rye, NY 10580 2 Page 334 of 346 If to the Town, to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att: Town Administrator With a copy to: Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 Att: Town Attorney or to such other address that an addressee shall have specified in a notice to the other addressees. 16. The words "Purchaser" and "Seller" shall include the plural thereof where applicable. 17. This Contract may be executed in one or more counterparts, which, when taken together, shall constitute a single agreement. This Contract may be transmitted with a facsimile signature or a "PDF" or similar signature which shall be fully binding and enforceable on the Parties. IN WITNESS WHEREOF the parties have signed this Contract on the date and year first mentioned herein. Town of Mamaroneck By: Meredith S. Robson, Town Administrator Peter M. McWhinnie Paula Kirby Sales of Land/15 Edgemont/2022-09-01-contract of sale Vacant Land 3 Page 335 of 346 4 Page 336 of 346 _ Link Land Surveyors, P.C. _ New York State Licensed Land Surveyors 21 Clark Place, Suite 1 B Mahopac, New York 10541 Phone 845-628-5857 MEMBERs OF THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS WESTCHESTER PUTNAM ASSOCIATION OF PROFESSIONAL LAND SURVEYORS May 18, 2023 All that certain plot, piece or parcel of land, situate, lying and being in the Town of Mamaroneck, County of Westchester and State of New York being a portion of Knollwood Drive and Edgemont Road as shown on a certain map entitled "Map of a portion of Rouken Glen, Section 10, Property of Occum Realty Corp." dated Aug. 24, 1928, made by Jules H. Werner and filed in the Office of the Register of Westchester County, now Office of the County Clerk of Westchester County, Division of Land Records, on Oct. 15, 1928 in Volume 68 of Maps, at page 29, said portion of said road and drive being bounded and described as follows: BEGINNING at a point on the northeasterly side of Edgemont Road at the northwesterly end of a curve having a radius of 23.21 feet and an arc length of 42.76 feet which connects the northeasterly side of Edgemont Road with the northwesterly side of Knollwood Drive as shown on the above mentioned filed map; RUNNING THENCE from said point of beginning in a southeasterly direction along the afore mentioned curve, being a curve to the left having a radius of 23.21 feet, a distance of 42.76 feet to the northerly terminus of Knollwood Drive; THENCE along the northerly terminus of Knollwood Drive South 56°41'30" East 35.00 feet.; THENCE South 33°18'30" West a distance of 40.31 feet to the southeasterly prolongation of the northeasterly side of Edgemont Road; THENCE Northwesterly along a non-tangent curve to the left having a radius of 52.00' with Radial Bearing of North 66°43'44" East, a distance of 32.41'; THENCE along said southeasterly prolongation of the northeasterly side of Edgemont Road North 41°07'40" West 35.00 feet to the point and place of BEGINNING. Page 337 of 346 Ob r z W la/ O�1 ,aO-7d ,. ,_ ,,, 00 J z , --,,- 7,, Er co, Yirc h �� /�� z� �'?"� N U w .zi p i011 �� '� w3Z oQ aZ I 1 z g iN 2='1 -1 0 I I Ww O I I ��` I L.:,'' ' ,,T1 1 N r OcZ 1 N i ��� 0=0 ' z Y O 1�O r z \� N 7 7 I I •� a J \` =z o I— h3 aZ \ P I - II - l00.5£' o zo'' `�� N N, ,•3„O£•,l t'o9S S •. y` > U L" mRl 1 w o `7 Ylsrt � W Q O � 5 00 a II E4 a cor`nj y 0 i oa° "-, O \3 im N � 2 4 oo-p �� l'1 CI) r{. ti w Ff.- I 3 WZ T a' iCOm z � '' J m `� EU .17yy,AHNOSYW 3N(LS O 'r c O • Z O rr^^ w° O � mt { OW � ` vJ � u „� „O� p�' ,O Q-e 1 c� +4r z J o 1 N 3 W 3 A Yet 1 l Y H d S Y 3 o r \ x - e pgyp'/ ryj h �6/hti oar, \/ ` z W>W a 00 Z w ZLL 7 1- oz nJ , F O z 0 ow wo // O wa > 0 0 0 gp / 0 a �11 = a w 1 � aWw�O0 000 LL > E. 0 w O w N Qa m <N _ 00 o > o <ooO F m > 3dwO 0U � �m ZaO UN 00J OZOO w a Z NQ(?- 0 O FK o a 0 0O z ga ZLL yo a=ZgjF> j O W N Z Z~ L O�Vw 1 U W 4O i aZ m 0U w W w ° W p M OYO? 2i0 - O te .to tt O < OW Ll' 3oxZ oa AW7rc WaNZ wy og- 0=U>u 6 00 u o4 o00V r0W•ram dN Nr/ yNCO zUz w w, w aU I 0Q Z7 >> Ow�a K r in N mW( < < I00QOW ,-- WK C 0 O OvO.y�UU 1 ZZ=g) z wQ LLZN 0KLL w ZLLW U2 L10 Z N Uda zz� 4a u wi 01 aFZrtW aA' DVN , ao zWOU m u ~ WU O fW WLi 0 I hx06 } f/Y 0 bwK z N O72 UI- IaW guN Y KF a na0zg OL.' v > zW w ei LLB z LLO 2 wO°oHQ 0 w m, g > wa > ) > uj1WI WL9 LZZZ N Cl N aUWO7 LLO cc � Et I , w O 0 LL O -°°UWi°° oW r 7 i-o as go Y W1 > zU WamLLeU rp z '' awmz = F V) O = Z nwW W O Z °OmuZ1.° E7 ° OF Z/ zO 0000 Z> < QN 0 ZZ Q \\*. QO � = Et V/j NW ^L f w (2 ~ OW o° N =S' Z O oo too ( Fn Wt¢Pw 00 3 �W W 0 a 7 rZxZ °O w Qz w0 ~ ` 0 co >Ww = >O w W aW= O rZ LL wawU�O u4 OZ00 LL °x aw u3g Oyi > wzW0W mm oN) w wZ ao 00 acw)z F- > wWrcQ ¢W yw =N OiE`y Lail-9 WO d w ] ttUWU=U g1 LL> ° r>_ zw U> gaw > (0 a zH H a OO 00 00 w >W Ou ce j =LLWWJW =0 is z ZO =u ZZ SUrc co N 1-03333 r° F5 w 7w }0 or r-aa d co o • Page 3338 of 346 QUITCLAIM DEED THIS INDENTURE made as of , BETWEEN the Town of Mamaroneck,with offices at 740 West Boston Post Road,Mamaroneck, NY 10543,the party of the first part,and Peter M.McWhinnie and Paula Kirby,both residing at 15 Edgemont Road,Larchmont,NY 10538, the party of the second part, NOW,THEREFORE,the party of the first part,in consideration of seven thousand five hundred and no/ths ($7,500.00) dollars paid by the party of the second part, does hereby remise, release and quitdaim unto the party of the second part,its successors and assigns forever,all of its interests to the real property described in Schedule "A" hereto without any representation as to the quality of the party of the first party's title thereto. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets roads abutting the premises described in Schedule "A" to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises granted herein to the party of the second part its successors and assigns forever. AND the party of the first part,in compliance with Section 13 of the Lien Law,hereby covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part, acting through Stephen V. Altieri, as Town Administrator of the Town of Mamaroneck has duly executed this deed as of the day and year written above. TOWN OF MAMARONECK By: Name:Meredith S. Robson Title: Town Administrator State of New York County of Westchester On before me,the undersigned personally appeared Meredith S. Robson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as the Town Administrator of the Town of Mamaroneck,and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 339 of 346 c 4 i _0, r @ Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Authorization to Appoint a Secretary to the Planning Board Date: Attached please find a memo from Deputy Town Administrator, Connie Green O'Donnell, regarding the appointment of Jami Sheeky to the full-time position of Secretary to the Planning Board. Ms. Sheeky would receive an annual salary of$59,798, effective no later than September 30, 2023. Action Requested: Resolved that the Town Board hereby approves the appointment of Jami Sheeky to the full-time position of Secretary to the Planning Board at an annual salary of$59,798, effective no later than September 30, 2023. Page 340 of 346 o I ;\ w Q 4 rn Town of Mamaroneck rz- ! Administrator, Town Center FOUNDED 1661 ' 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckNY.org Date: August 31, 2023 To: Meredith Robson, Town Administrator From: Connie Green O'Donnell, Deputy Town Administrator Subject: Authorization to Appoint a Secretary to the Planning Board General: Authorization is requested to appoint Jami Sheeky to the position of Secretary to the Planning Board at an annual salary of $59,798, effective no later than September 30. This position is vacant due to a recent retirement and is reflected in the 2023 budget. If appointed, Ms. Sheeky would be required to serve a fifty-two (52) week probationary period. After interviewing several candidates, Ms. Sheeky was selected based upon her prior experience working for a school district and the skills that she possesses. In her current position she has significant contact with the public. As the Secretary to the Planning Board her duties would consist of conferring with applicants, developers and residents related to Planning Board applications. In addition, she would complete the initial review of application materials submitted to the Planning Board, distribute application material to Board members and staff, maintain records of all application related correspondence, prepare and publish agendas,post packets to the Town website, and record meeting discussion,motions, and actions for preparing the minutes. In addition, she would provide office support to the Building and Engineering Departments. According to Mr. Wasp, Ms. Sheeky's background prepares her to perform well in the active shared depaitment working environment. Her strengths in organization, ability to multi-task and interpersonal skills make her a strong candidate for the Planning Board secretary position. We are confident she will quickly become a key asset to our office team. Page 341 of 346 i41 r @ Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Report of Minutes of the Town Board work session on July 26, 2023. Date: August 30, 2023 The work session minutes of July 26, 2023, are ready for approval. Action Requested: Resolved that the Town Board hereby approves the minutes of the Town Board work session of July 26, 2023. Page 342 of 346 47 o - a Q 4 Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: August 30, 2023 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Report of Minutes of the Town Board work session on July 26, 2023. General: The Minutes of the July 26th work session are ready for approval. Attachment/s: 2023-07-26 Final Minutes Page 343 of 346 47 Town of Mamaroneck ',41t Town Board Minutes o +fz Wednesday, July 26, 2023, Conference Room A, Second z 7-, Floor of Town Center 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney,Town Supervisor Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman ABSENT: Abby Katz, Councilwoman ALSO PRESENT: Allison May,Town Clerk Meredith S. Robson,Town Administrator Connie Green O'Donnell, Deputy Town Administrator William Maker Jr,Town Attorney 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER Moved by Councilman King, seconded by Councilwoman Fiddelman, the meeting opened at 5:09 pm. Carried WORK SESSION ITEMS 1. Request for Executive Session Moved by Councilman King, seconded by Councilwoman Fiddelman, the Town Board agreed to enter into Executive Session to discuss the employment history of particular individuals. Carried Moved by Councilman King, seconded by Councilwoman Nichinsky, the Town Board unanimously agreed to resume the Work Session. Carried 2. Discussion and Possible Action - Update of the Procedures for Site Plan Approval Law(Out of Order) Mr. Ralph Engel, Chair of the Planning Board, thanked Town Attorney William Maker Jr. for bringing the need to update the procedures for site plan approval to the Board's attention. Mr. Engel then reviewed his proposed changes to the Procedures for Site Plan Approval Law with the Board. (See Attachment A.) Town Attorney Maker agreed to amend the law and incorporate Mr. Engel's suggestions into a proposed new Site Plan Law to be reviewed further. Page 344 of 346 Town Board July 26, 2023 3. Discussion -5G Wireless Telecommunications Law(Out of Order) Councilwoman Fiddelman asked Attorney Maker if he had reviewed the proposed law again with Mr. Hank Menkes and whether or not the FCC had made any changes. Councilwoman Fiddelman then detailed several suggestions and corrections to this proposed law which would replace 240-19-1. Attorney Maker agreed to review the proposed law with Mr. Menkes one more time before presenting to the Board for approval. 4. Advice of Counsel (Topic Added) Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman the Board entered into Advice of Counsel. Carried Moved by Councilwoman Nichinsky, seconded by Councilman King, the Town Board unanimously agreed to resume the Work Session. Carried 5. Discussion and Possible Action -Authorization of Consultant Selection Town Comprehensive Drainage Evaluation Because this item requires an action by the Board, this item was deferred to the meeting of August 16, 2023. 6. Discussion and Possible Action -Capital Budget Amendments Because this item requires an action by the Board, this item was deferred to the meeting of August 16, 2023. 7. Discussion and Possible Action -Confirmation of Extension of Benefits for Section 8 Program Because this item requires an action by the Board, this item was deferred to the meeting of August 16, 2023. 8. Updates Supervisor Elkind Eney provided an update on potential grant funding from the County, to be confirmed over the next few weeks. The Board discussed developing a policy for conduct at Work Sessions. The Board wanted to require that members of the public either sit or stand in the area or chairs provided for spectators. The Board also wanted to remind members of the public that they may not speak in a Work Session (unless invited to speak) and that they must follow the lead of the Town Supervisor who is conducting the meeting. The Board also agreed that members of the public cannot be intrusive, for example they may not bring in signs and may be asked to leave for exhibiting any threatening behavior. If a member of the public does not leave after being asked, then they may be escorted out. Attorney Maker reviewed a recent case in the City of Kingston with regard to signs at public meetings. The Second Circuit recently affirmed a district court conclusion that Plaintiffs who were rallying against a large, armored rescue vehicle had not adequately alleged that the City's sign prohibition was unreasonable in light of the potential disruption or distraction that signs might pose during the City's meeting. The Court deemed the meeting a "limited public forum". The Board discussed how all their Work Sessions and Regular Meetings are open to the public, so the Board suggested that on the agenda we add "All Work Sessions and Regular Meetings are Open to the Public". Page 345 of 346 Town Board July 26, 2023 Lastly, Supervisor Elkind Eney requested that Attorney Maker draft a formal policy that the Town does not name buildings or fields after anyone in particular. 9. Westchester Joint Waterworks Intermunicipal Agreement(IMA) Attorney Maker explained that Town Comptroller Tracy Yogman had recently suggested a change to this contract which would address the return of unused funds. The Board discussed the suggestion.Attorney Maker agreed to update the verbiage in the proposed contract to include this change and then forward to Administrator Robson. 10. Executive Session (Continuation of Item #1) Moved by Councilman King, seconded by Councilwoman Fiddelman Return to executive session, to continue a discussion on the employment history of particular individuals. Carried Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman Motion out of executive session and close of meeting. Carried 11. Close of meeting at 7:33pm. Page 346 of 346