Loading...
HomeMy WebLinkAboutSuff Co/Office of Aging ELIZABETH A. iN'~]VILT,E TOWN CLERK REGISTRAR OF vITAL sTATISTICs -~ MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 199 OF 2003 WAS ADOPTED AT TlqF, REGULAR MEETING OF ~ SOUTHOLD TOWN BOARD ON MARCH 25, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Joshua Y. Horton to execute a Third Amendment to the a~recment between the County of Suffolk Office for the A~ing and the Town of Southold for the CSE Social AduJt Day Care IFMS No. SCS EXE #02000006269 for ~hc period April I, 2002 through Mar&n 3 I, 2003 at an agreed cost not to exceed $77,558,00 and conditions and payments as set forth in the agreement; subject to the approval of the Town Attorney. Eiizabeth A. Neville Southold Town Clerk Office of the County Executive Human Services Division Robert J. Smith Director County of Suffolk Robert J. Gaffney Suffolk County Executive Office for the Aging Holly S. Rhodes-Teague Director RECEIVED Apfil17,2003 The Honorable Joshua Y. Horton Supervisor Town of Southold 53095 Main Road, P~.O. Box 1179 Southold, New York 11971 CSE Social Adult Day Care IFMS No. SCS EXE 02000006269 APR 2 9 2003 ~0uth01d Town Cleft Dear Supervisor Horton: The fully executed agreement referenced above is enclosed for your files. Also enclosed find the Notice of Rights, which must be posted as part of your compliance with Local Law No. 12-2001, the Living Wage Law. Sincerely, Leonor Hunter Fiscal Administrator LH:MVK:lw Enclosure cc: Karen McLaughlin (631) 853-8200 H. Lee Dennison Building · 100Veterans Memorial Highway · P.O. Box 6100 I Hauppauge, NewYork 11788-0099 · FAX 853-8225 Over 25 years as the designated Area Agency on Aging Providing Services for Older Citizens NOTIFICATION OF RIGHTS UNDER THE LIVING WA GE LAW According to the provisions of Local Law #12-2001 (the Living Wage law) enacted by Suffolk County in July of 2001, a wage rate has been established of $9.00 per hour with health benefits or $10.25 without health benefits for covered employees of an agency receiving financial assistance through the County. The law also mandates that these workers receive at least 12 compensated days off per year through any combination of sick, vacation or personal leave and includes paid holidays provided by the employer. The Suffolk County Department of Labor has been designated as the agency to administer this law and to this end has established a Living Wage Unit. Further information concerning the parameters of the Living Wage law may be obtained by contacting this Unit (631-853-6530) or accessing the Suffolk County web page at www.co.suffolk.ny.us/labor and following the link to the Living Wage section. All inquiries will remain confidential. CIA Ref. AG003M/0002-03YRC Revised 2/21/03 CSE Social Adult Day Care IFMS No. SCS EXE #02000006269 Nos. 001-6777-4980.95285-6269 Third Amendment Amendment of Agreement This is the Third Amendment of an Agreement (Agreement), Fast dated December 8, 2000, between the County of Suffolk (County), a municipal corporation of the State of New York, having its principal office at the County Center, Riverhead, New York 11901, acting through its duly constituted Office for the Aging (Aging), having its principal office at H. Lee Dennison Building, 100 Veterans Memorial Highway, Hauppauge, New York (Mailing address: Box 6100, Hauppauge, New York 11788- 0099), the Town of Southold (Contractor), a New York municipal corporation, having its principal place of business at 53095 Main Road, P.O. Box 1179, Southold, New York 11971. The parties hereto desire to amend the Agreement to increase the Total Cost of Agreement to include $16,429 for reimbursement to pumhase a vehicle in addition to fee-for-service payments, as set forth herein. Sufficient funding exists in the 2003 Suffolk County Operating Budget. Term of Agreement: Shall be April 1, 2000 through March 31, 2003. Total Units of Service: 21,000 units of Day Care Service, 147 units of Caregiver Support Service. Total Cost of Agreement: Shall not exceed $77,558 (of which $36,867 is for the current contract year, with $16,429 in budget form to purchase a vehicle and $20,438 for fee-for-services), as set forth in Exhibit C-2002a attached. Terrn*s and Conditions: Shall be as set forth in Exhibit A-2002a and Exhibit entitled "Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 9/26/02." In Witness Whereof, the parties hereto have executed this Third Amendment of Agreement as of the latest date written below. Town of Southold ~' Supervisor Fed. Taxpayer ID # 11-6001939 Date: ,:l / ,,7, */ O .~ Approved as to Form, Not Reviewed as to Execution: Robert J. Cimino Suffolk C~y Attorney J~fiathan Bloom A§sistant County Attorney Date County of SuffOlk Eric A. Kopp Chief Deputy County Executive Date: ¢'¢/o Approved: By: ~3. : ~' Date ~hode _T~eague,~~~//~ Director, Office for the Aging Recommended: Maureen S. Porte Date Senior Citizens Program Administrator II AG3F Page I AG3dcTF sohld 02a.doc CIA Ref. AG003MI0002-03YRC Revised 2/21103 CSE Social Adult Day Care IFMS No. SCS EXE #02000006269 Nos. 001-6777-4980-95285-6269 Third Amendment Exhibit A-2002a Whereas, the County and Contractor have entered into an Agreement (Law No. AG003M/0002-03YR), last dated December 8, 2000, for a term from April 1, 2000 through March 31, 2001 for the Social Adult Day Care Program for the Elderly at a cost of $20,867; and Whereas, the County and Contractor have entered into a First Amendment of Agreement (Law No. AG003M/0002-03YRA), extending the term from March 31,2001 through March 31, 2002 (at an additional cost of $19,824) and increasing the Total Cost of the Agreement to $40,691; and Whereas, the County and Contractor have entered into a Second Amendment of Agreement (Law No. AG003M/0002-03YRB), extending the term from March 31,2002 through March 31, 2003 (at an additional cost of $20,867) and increasing the Total Cost of the Agreement to $61,558; and' Whereas, the parties hereto desire to modify the Agreement and First and Second Amej~dments of Agreement to add the Living Wage Law requirements, attached hereto and made a part of the Ag reement, and to increase the Total Cost of Agreement by $16,429 to reimburse the cost of a vehicle, increasing the Total Cost of the Agreement to $77,558; and Now, Therefor-e, in consideration of the covenants, promises and consent herein contained, the parties hereto agree as follows: Term of A~reement: The Term of Agreement paragraph on the cover page of the Agreement remains amended to read April 1,2000 through March 31,2003 as set forth on page 1 of this Third Amendment of Agreement. Payment of Services: The Total Cost of Agreement $77,558 is comprised as follows: (a) (b) (c) $20,867 for program year 2000/2001; $19,824 for program year 2001/2002; $36,867 for program year 2002/2003, with $16,429 in budget form for reimbursement for renovations and $20,438 for fee-for-services; Exhibit B1 - Special Clauses: Exhibit B1 - Special Clauses - Vehicle Specifications annexed hereto is made part of the Agreement. Rate/Budget Paqe: The Rate/Budget Page annexed hereto as Exhibit C-2002a replaces Exhibit C-2002 to the Agreement for the 2002 Extension Period. AG3F Page 2 AG3dcTF sohld 02a.doc CIA Ref. AG003M/0002-03YRC Revised 2/21/03 CSE Social Adult Day Care IFMS No. SCS EXE #02000006269 Nos. 001,6777-4980-95285-6269 Third Amendment Poverty Th res hold: For the 2002 Budget Period, the Poverty Threshold in Exhibit B to the Agreement, paragraph 6, following the heading Reporting Requirements, Low Income is heresy amended to' read as follows: Size of Family Unit 1 2 150% of Povertv Threshold $13,290 $17,910 Gratuities: The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that he has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). Prior Terms Not Amended: Except as herein amended, all other representations, terms and conditions of said Agreement, including any and all amendments or budget modifications executed prior to the date hereof, are hereby ratified and confirmed to be in full force and effect. END OF TEXT AG3F Page 3 AG3dcTF sohld 02a.doc CIA Ref. AG003MI0002-03YRC Revised 2121/03 CSE Social Adult Day Care IFMS No. SCS EXE #02000006269 Nos. 001-6777-4980-95285-6269 Third Amendment a AG3F Exhibit B1 - Special Clauses Vehicle Specifications Vehicle Purchase and Use In order to assist the Contractor in providing services to elderly residents of Suffolk County, the County will provide funds to purchase a vehicle. The vehicle shall be used only in a manner consistent With the provision of social model adult day care services for elderly residents under the terms of this Agreement, or other such separate contract(s) as may be in effect from time to time between the County, acting through Aging (or such other county office, department or instrumentality as may succeed to the functions of Aging), and the Contractor. The Contractor shall not use the vehicle for any other purposes whatsoever without the prior written consent of the Director of the Suffolk County Office for the Aging (or other County official designated to succeed to such Director's functions). Under no circumstances shall the Contractor use the vehicle in any way contrary to applicable laws, regulations or insurance requirements. Term This Agreement shall cover the period provided on the cover page, unless extended as provided in Exhibit A in paragraph 4 titled "Extension Of Term," or sooner terminated as provided in paragraph 5 of Exhibit A titled "Termination In Case Of Bid Request, RFP or RFQ". The provisions of this Exhibit B1 shall survive the expiration or termination of the Agreement until such time as the vehicle is disposed of pursuant to the paragraph below headed, "Disposition of Vehicle, Etc." Operational Information and Inspections The Contractor agrees to maintain records on the vehicle, including number and types of usage, maintenance and mileage records, to be reported to Aging no less than once annually, and at such other times as requested by Aging. The Contractor shall properly maintain the vehicle according to the procedures described in the manufacturer's service manual and upon written notification from Aging, the Contractor shall make the vehicle available for inspection by the County at reasonable times and locations. Purchase Practices In purchasing the vehicle, the Contractor agrees to follow all of the general practices that are designed to obtain furniture, fixtures, equipment, materials or supplies at the most reasonable price or cost possible. The County reserves the right to purchase or obtain the vehicle for the Contractor. If the County exercises this right, the amount budgeted for the vehicle so purchased or obtained by the County for the Contractor shall not be available to the Contractor for any purpose whatsoever. Interest of County The County shall retain a proprietary interest in the vehicle and in all equipment, materials or supplies purchased or obtained by the Contractor and paid for or reimbursed to the Page 4 AG3dcTF sohld 02a.doc CIA Ref. AG003MI0002-03YRC Revised 2121/03 CSE Social Adult Day Care IFMS No. SCS EXE #02000006269 Nos. 001-6777-4980-95285-6269 Third Amendment Contractor by or from County funds pursuant to the terms of this Agreement or of any other, agreements between the County and the Contractor. Upon termination of this Agreement, or of the Contractor's other agreement(s) referred to in paragraph 1 of this Agreement, the discontinuance of the business of the Contractor, the failure of the Contractor to comply with the terms of this Agreement, or of any such agreement, the bankruptcy of the Contractor or an assignment for the benefit of its creditors, or the failure of the Contractor to satisfy any judgment against it within thirty (30) days of filing, the County shall have the right to take title to and possession of the vehicle and all such equipment, materials and supplies, and the same shall thereupon become the property of the County without any claim for reimbursement on the part of the Contractor. As directed by the C.ounty, the Contractor shall attach identifying labels on said property indicating the interest of the County. The vehicle shall be titled to the County and registered to the Contractor, with all appropriate maintenance and insurance requirements being met by the Contractor for the entire duration of any approved use, until such time as the vehicle has been disposed of, as outlined in the paragraph entitled "Disposition of Vehicles, Etc." Compliance with Requirements (a) The Contractor shall promptly comply with all legal requirements, whether or not such compliance shall require structural changes in the vehicle or interfere with its use, and procure, maintain and comply with all permits, licenses or other authorizations' and'comply with applicable Federal, State, County and local laws; regulations, rulings,, applicable to the vehicle's use thereof. (b) The Contractor shall name the County as lien holder when registering the vehicle. Risk Of Loss; InsUrance and Indemnification (a) The Contractor assumes responsibility for all risks of loss through physical damage, including without limitation collision and comprehensive losses, to the Vehicle and to any part or equipment thereof. The Contractor agrees to procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types specified by the County. Unless otherwise specified by the County and agreed to by the Contractor, in writing, such insurance will be as follows: (b) (i) (ii) COMMERCIAL GENERAL LIABILITY INSURANCE, including cOntractual coverage, in an amount not less than Two Million Dollars' ($2,000,000.00) combined single limit for bodily injury and property damage per occurrence. AUTOMOBILE LIABILITY iNSURANCE in an amount not less than Three Hundred Thousand Dollars ($300,000) combined single limit for bodily injury and property damage per occurrence and PHYSICAL DAMAGE COVERAGE in an amount equal to the value of the vehicle AG3F Page 5 AG3dcTF sohld 02a.doc CIA Ref. AG003MI0002-03YRC Revised 2/21103 CSE Social Adult Day Care IFMS No. SCS EXE #02000006269 Nos. 001-6777-4980-95285-6269 Third Amendment (c) (d) (e) (0 (g) (h) as described in the paragraph below headed, "Damage to or Destruction of Vehicle". All policies providing such coverage shall be issued by insurance companies acceptable to the County. The Contractor shall furnish to the County certificates of insurance or, on request, original policies, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance and of automobile liability insurance, such certificates shall name the County of Suffolk as an additional insured. All such certificates or policies shall provide for the County of Suffolk to be a certificate holder and to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material change. Such certificates policies and notices shall be mailed to Aging at its address on the cover page of this Agreement. In the event that the Contractor_is a town or other municipal corporation and has a self insurance program under which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage and certificates or other evidence of such self- insurance in lieu of insurance issued by insurance companies: Furthermore, to the extent permitted by law, the Contractor shall indemnify and hold harmless the County, its consultant (if any), employees, agents and other persons from and against all losses, claims., costs, judgments, liens, enCumbrances and expenses, including attorney's fees, by reason of liability imposed by law for damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property, arising out of the acts or omissions or negligence of t~he Contractor, its agents, employees or subcontractors or of other persons, in connection with the use of the vehicle described or referred to in this Agreement, even if such injuries to persons or damage to property are due, or are claimed to be due, to passive negligence of the County, its employees, agents or subcontractors or other persons, except only in cases of the County's sole active negligence. It is further agreed that the Contractor will expend whatever funds are necessary to insure that the VehiCle is properly maintained in safe and operable condition. It is also agreed that the Contractor will return the Vehicle to the County in the same Condition as when received except for normal wear and tear and mileage. Furthermore, in lieu of making necessarY repairs to the Vehicle and returning it upon the expiration or termination of this Lease as provided in paragraph 21 below,-the Contractor may at its option elect .to pay the County the fair market value of the Vehicle. AG3F Page 6 AG3dcTF sohld 02a.doc CIA Ref. AG003M/0002-03YRC Revised 2121103 CSE Social Adult Day Care IFMS No. SCS EXE #02000006269 Nos. 001-6777-4980.95285-6269 Third Amendment B 10. 11. AG3F Protection of Assets in Contractor's Custody The Contractor shall maintain vigilance and take all reasonable precautions to protect the vehicle and any such equipment, materials or supplies in its custody against damage or loss by fire, burglary, theft, vandalism or misuse. In the event of burglary, theft, vandalism or unexplained disappearance of the vehicle or any such equipment, materials or supplies, the Contractor shall immediately notify the police and make a record thereof, including a record of the results of any investigation which may be made thereon. In the event of loss or irreparable damage to the vehicle or any such equipment, materials or supplies from any cause, the Contractor immediately shall send the County a'detailed written report thereon. Accident Notification (a) The Contractor shall notify the County in writing within twenty-four (24) hours after any accident involving the vehicle. All such notifications, copies of claims and other communications with regard to possible claims of liability shall be addressed to: County of Suffolk Division of Risk Management and 'Benefit H. Lee Dennison Building, ~100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099 with a copy to Aging. Without limitation, such communications shall include a copy of any accident report and the names and addresses of any persons alleging personal injury or property damage in connection with such accident. (b) Any communication or notice regarding termination or litigation shall also be sent to the following addresses or at such other addresses that may be specified in writing by the County or the County Attorney: Suffolk County Department of Law H. Lee Dennison Building- 6th Floor 100 Veterans Memorial Highway P.O.'Box 6100 Hauppauge, New York 11788 Attn: Robert J. Cimino, County Attorney Damage to or Destruction of Vehicle In case of any material damage to or loss or destruction of the vehicle or of its equipment, the Contractor shall give notice as provided in the foregoing Paragraph headed, "Accident Notification", generally describing the nature and extent of such damage; loss or destruction, and the time, place and circumstances thereof, and shall promptly replace or repair the vehicle and/or its equipment at least, to the condition that it was in immediately prior to the damage, loss or destruction. Application of Insurance Proceeds In the event of damage to or loss or destruction of the vehicle or any part of equipment thereof, the Contractor shall use any proceeds of insurance solely to repair or replace the Page 7 AG3dcTF sohld 02a.doc CIA Ref. AG003M/0002-03YRC Revised 2121103 CSE Social Adult Day Care IFMS No. SCS EXE #02000006269 Nos. 001-6777-4980-95285-6269 Third Amendment 12. vehicle or its equipment and for no other purpose, and, if not so used, such proceeds and the vehicl, e shall be forthwith turned over to the County. Disposition of Vehicle Upon the expiration or termination of this Agreement, or of all such other agreements referred to in paragraph 1 above, the. Contractor shall make access available and render all necessary assistance for physical transfer of the Vehicle and any such equipment, materials or supplies back to the County, or its designee, in the same condition as it was received by the Contractor, reasonable wear and tear excepted. Any disposition, settlement or adjustments connected with the vehicle and any such equipment, materials or supplies shall be in accordance with the rules and regulations of the County and the State . of New York. . .. VEHICLE SPECIFICATIONS Manufacturer: Chrysler Voyager Type of Vehicle: Minivan Year and Make:. 2003 Model No.: RS YL52 Vehicle. Identification Number: Color: ~it:e Other Identifying Features and Special Equipment: 7 Passenger Van 1.C4GJ25333B237715 - END OF TEXT OF EXHIBIT B1- AG3F Page 8 AG3dcTF sohld 02a.doc CIA Ref. AG003M/0002-03YRC Revised 3/17/03 CSE Social Adult Day Care IFMS No. SCS EXE #02000006269 Nos. 001-6777-4980.95285-6269 Third Amendment Exhibit C-2002a RATE/B U D G ET PAGE CSE Social Adult Day Care Program Town of Southold April 1, 2002 - March 31, 2003 VEHICLE Minivan Delivery Allowance Charge - Suffolk Region $16,429 16,224 205 FEES FOR SERVICE Adult Day Care Services at the rate of $3.00 per unit of service $63,000 63,000 TOTAL BUDGET $79,429 Less Anticipated Income Less Southold TOwn Match (42,133) (429) NET REIMBURSEMENT $36,867 AG3F Page 9 AG3dcTF sohld 02a.doc Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 9/26/02 Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 9/26/02 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, "A Local Law to Implement Living Wage Policy for the County of Suffolk" (the "Living Wage Law"), all RFPs, County contracts and financial assistance agreements subject to the law shall contain the following two paragraphs or substantially equivalent language: This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, or a waiver is granted, all employers (as defined) under service contracts and recipients of county financial assistance, (as defined) shall provide payment of a minimum wage to employees (as defined) of $9.00 per hour with health benefits of at least $1.25 per hour or otherwise $10.25 per hour. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law, of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Suffolk County Local Law No. 18-2002, "A Local Law to Implement Living Wage P'olicy for the County of Suffolk" provided for certain amendments to the Living Wage Law. Forms for Completion and/or Signature (as applicable) Suffolk County Department of Labor- Living Wage Unit Notice of Application for County AssistanCe (Contract) Form LW-1 (consists of I page) Suffolk County Department of Labor - Living Wage Unit Certification of Compliance Form LW-2 (consists of I page) Suffolk County Department of Labor- Living Wage Unit Certification of the Non-Applicability of the Living Wage Law Form LW-3 (consists of 2 pages) Suffolk County Department of Labor- Living Wage Unit Request for General Living Wage Exemption Form LW-4 (consists of 1 page) Suffolk County Department of Labor- Living Wage Unit Request for Specific Living Wage Exemption Form LW-5 (consists of 2 pages) 1 of 2 pages Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 9/26/02 Suffolk County Department of Labor - Living Wage Unit Declaration of Compliance - Subject to Audit Form LW-33 (consists of 1 page) Note: Pursuant to Section 7 of Local Law No.18- 2002, "A Local Law to Implement Living Wage Policy for County of Suffolk", ali covered employers subject to the provisions of the Living Wage Law shall submit a completed and sworn (under penalty of perjury) Certification of Compliance Subject to Audit form, signed by an authorized representative, as part of an executed contract with the County of Suffolk. The complete Declaration of Compliance form shall be made a part of any executed contract or project agreement and made available to the public upon request. To certify Living Wage compliance: Return Form LW-1, Form LW-2 and Form LW-33. or To certify non-applicability of Living Wage law: Return Form LW-3. or To request and document a general living wage exemption: Return Form LW-1, LW-2 and Form LW-4. or¸ · To request and document a specific living wage exemption: Return Form LW-1, LW-2 and Form LW-5. In the event that there is a change in circumstances, it is the Contractor's responsibility to submit to the County additional Living Wage forms which either replace or supplement prior submissions of Living Wage forms. Living Wage Law Information Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk County web site at www.co.suffoik.nv.us Click Department Directory Labor Living Wage Law Info Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808 End of Text for Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 9~26~02 2 of 2 pages