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HomeMy WebLinkAboutComm Serv for Elderly-RepairsCounty of Suffolk Steve Levy Suffolk County Executive Office for the Aging Holly S. Rhodes-Teague Director September 30, 2005 The Honorable Joshua Y. Horton Supervisor Town of Southold 53095 Main Road, PO Box 1179 Southold, New York 11971-0959 RE: Community Services for the Elderly - Residential Repair IFMS No. SCS EXE 05000008796 Dear Supervisor Horton: The fully executed Agreement referenced above is enclosed for your files. Also enclosed find the Notification of Rights, which must be posted as part of your compliance with Local Law No. 12-2001, the Living Wage Law. Sincerely, Leonor Hunter Fiscal Administrator II LH:MVK:ny Enc. cc: Karen McLaughlin G INYAN O F S KY'Jvl~Kfocmle~[er s\Lir4A~ullyexsc NOR TOWnCC doc NOTIFICATION OF RIGHTS UNDER THE LIVING WAGE LAW According to the provisions of Local Law # 12-2001 (the Living Wage law) enacted by Suffolk County in July of 2001, a living wage rate was established. The Living Wage shall be adjusted each year in proportion to the increase of the area Consumer Price Index. The increase in the area Consumer Price Index for 2004 is 3.8%. Effective July 1, 2005, the Living Wage will increase to $9.64 per hour with health benefits and $10.98 per hour without health benefits for covered employees of an agency receiving financial compensation through the County. The law also mandates that full time workers receive at least 12 compensated days off per year through any combination of sick, vacation or personal leave and includes paid holidays provided by the employer. The Suffolk County Department of Labor has been designated as the agency to administer this law and to this end has established a Living Wage Unit. Further information concerning the parameters of the Living Wage law may be obtained by contacting this Unit (631 853-3808) or accessing the Suffolk County web page at www.co.suffolk.nv.us/labor and following the link to the Living Wage section. All inquiries will remain confidential. Law No. AG006M/0029-06RB IFMS No. SCS EXE 05000008796 Rev. 8/5/05 No. 001-6777-4980-95285-8796 Community Services for the Elderly - Residential Repair Second Amendment Amendment of Agreement This is a Second Amendment of an Agreement, (Agreement), last dated October 15, 2003, 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 the H. Lee Dennison Building - 3rd Floor, 100 Veterans Memorial Highway, Hauppauge, New York (Mailing address: P.O. Box 6100, Hauppauge, New York 11768-0099), and 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 modify the Agreement to extend the term of the CSE Residential Repair Program from March 31,2005 through March 31,2006 (the period April 1, 2005 through March 31, 2006 being hereinafter called the "2005/2006 Budget Period") and to amend other contract provisions to comply with current County Standards, as set forth herein. Sufficient funding exists in the 2005 Suffolk County Operating Budget. Term of Agreement: Shall be April 1,2003 through March 31, 2006. Units of Service: 1,100 Units of Residential Repair Service Total Cost of Agreement: Shall not exceed $ 60,000 (of which $20,000 is for the 2005/2006 Budget Period). Terms and Conditions: Shall be as set forth in Exhibits A-2005/2006 and C-2005/2006 attached. In Witness Whereof, the parties hereto have executed this Second Amendment of Agreement as of the latest date written below. Town of ~outhold /'Joshua Y. Horton ~ Supervisor Fed. Taxpayer ID~: 11~6001939 Date: Approved as to Legality/~ Christine Malafi Suffolk C o u)~t y/~t o r n~,.y~/"'~ /f Assistant County Attorney County of Suffolk Chief Deputy County Executive Date: c~/~ I ~Z/_~' Approved: Holly SLRhodeb-Teague (' ~ D~te Director, Office for the Aging''-~' Recommended: By: Luanne S. J~abl~onsky Date Asst. Senior Citizen Program Coordinator AG 6 Page 1 AG6 CSE Res Rpr Sohld ext 05 Law N'o. AG006M/0029-06RB IFMS No. SCS EXE 05000008796 Rev. 7/21/05 No. 00'1-6777-4980-95285-8796 Community Services for the Elderly - Residential Repair Second Amendment Exhibit A-200512006 Whereas, the County and Contractor have entered into an Agreement (Law No. AG006M/0029-06R), last dated October 15, 2003, for a term from April 1, 2003 through Mamh 31,2004 for a CSE Residential Repair Program for the elderly at a Total Cost of $20,000; and Whereas, the County and Contractor have entered into a First Amendment of Agreement (Law No. AG006M/0029-06RA) to modify the Agreement to extend the term from March 31, 2004 through March 31, 2005 (at an additional cost of $20,000) for a Total Cost of $40,000; and Whereas, the parties hereto desire to modify the Agreement and First Amendment of Agreement to extend the term from March 31, 2005 through March 31, 2006 (at an additional cost of $20,000) and to increase the Total Cost of the Agreement to $60,000, as set forth below; Now, Therefore, in consideration of the covenants, promises and consent herein contained, the parties hereto agree as follows: 1. Term of Aqreement: The Term of Agreement paragraph on page 1 of the Agreement is amended to read April 1, 2003 through Mamh 31, 2006 as set forth on the page 1 of this Second Amendment of Agreement. 2. Payment of Services: The Total Cost of Agreement $60,000 is comprised as follows: (a) $20,000 for program year 2003/2004; (b) $20,000 for program year 2004/2005; (c) $20,000 for program year 2005/2006; 3. Bud.qet: The Budget annexed hereto as Exhibit C - 2005/2006, including advance payment schedule, if any, is made part of the Agreement. 4. A new subparagraph (j) is added to Paragraph 3 of Exhibit A1 to the Agreement as follows: (j) Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold, for the purposes of set-off, any moneys due to the Contractor under this contract up to any amounts due and owing to the County with regard to this contract and/or any other contract with any County department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the County for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its set-off rights in accordance with normal County practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the County agency, its representatives, or the County Comptroller, and only after legal consultation with the County Attorney. 5. Paragraph 5, subparagraph (i) of Exhibit A1 is replaced with the following: (i). The provisions of the foregoing subparagraphs (a) through (h) of this paragraph shall survive the expiration or termination of this Agreement. AG 6 Page 2 AG6 CSE Res Rpr Sohld ext 05 Law No. AG006M/0029-06RB IFMS No. SCS EXE 05000008796 Rev. 7/21/05 No. 001-6777-4980-95285-8796 Community Services for the Elderly- Residential Repair Second Amendment 6. Paragraph 6 of Exhibit A1 to the Agreement is amended to read as follows: 6. Addresses For Notices, Claims And Reports The Contractor shall mail any communication, notice, claim for payment, reports, or other submission to the Department at its address on the cover page of this Agreement, or such other address of which the County shall have given the Contractor written notice. The County shall mail any communication, notice, or other submission to the Contractor at its address on the cover page of this Agreement or such other address of which the Contractor shall have given the County written notice. 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 Department 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: Christine Malafi, County Attorney 7. Paragraph 11 of Exhibit A1 to the Agreement is replaced with the following: '11. Suffolk County Public Disclosure Statement The Contractor represents and warrants that it has filed with the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County Administrative Code § A5-7 and shall file an update of such statement with the said Comptroller on or before the 31st day of January in each year of this Agreement's duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of this Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement. (Such filing is not required if the Contractor is a not-for-profit corporation.) 8. Paragraph 14 of Exhibit A1 to the Agreement is replaced in its entirety with the following: 14. Insurance And Indemnification (a) 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. The Contractor agrees to require that all if its contractors, in connection with work performed for the Contractor related to this Agreement, procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types equal to that specified by the County for the Contractor. Unless otherwise specified by the County and agreed to by the Contractor, in writing, such insurance will be as follows: (i) COMMERCIAL GENERAL LIABILITY INSURANCE, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage. (ii) AUTOMOBILE LIABILITY INSURANCE (if any vehicles are used by the Contractor in the performance of this Agreement) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per AG 6 Page 3 AG6 CSE Res Rpr Sohld ext 05 i_aw N'o. AG006M/0029-06RB IFMS No. SCS EXE 05000008796 Rev. 7/21/05 No. 001-6777-4980-95285-8796 Community Services for the Elderly - Residential Repair Second Amendment accident, for bodily injury and not less than One Hundred Thousand ($100,000.00) for property damage per occurrence; and (iii) WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. Contractor shall fumish to the County, prior to its execution of this Agreement, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law §108, this Agreement shall be void and of no effect unless the Contractor shall provide and maintain coverage dudng the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. (iv) PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS INSURANCE in an amount not less than Two Million Dollars ($2,000,000.00) on either a per occurrence or claims made coverage basis. (b) All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. (c) The Contractor shall furnish to the County Declaration Pages for each such policy of insurance and upon request, a true and certified original copy of each such policy, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the County of Suffolk shall be named as an additional insured and the Contractor shall furnish a Declaration Page and endorsement page evidencing the County's status as an additional insured on said policy. (d) All such Declaration Pages, certificates and other evidence of insurance shall provide for the County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, non-renewal or matedal change in said policies. Such Declaration Pages, certificates, policies and other evidence of insurance and notices shall be mailed to the Department at its address set forth in the paragraph entitled "Notices and Contact Persons" or at such other address of which the County shall have given the Contractor notice in writing. (e) In the event the Contractor shall fail to provide the Declaration Pages or certificates of insurance or to maintain any insurance required by this Agreement, the County may, but shall not be required to, obtain such policies and deduct the cost thereof from payments due to the Contractor under this Agreement or any other agreement between the County and the Contractor. (f) if 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. (g) The Contractor shall defend, indemnify and hold harmless the County, its Contractors, officers, employees, agents and other persons from and against all claims, costs, judgments, liens, encumbrances, expenses, and attorneys' fees, arising out of the acts, omissions or negligence of the Contractor, its agents, employees, subcontractors, contractors or subcontractors in connection with the services described or referred to in this Agreement (including the purchase or use hereunder of any equipment, fixtures, furniture, materials or supplies). AG 6 Page 4 AG6 CSE Res Rpr Sohfd ext 05 'Law I~o. AG006M/0029-06RB IFMS No. SCS EXE 05000008796 Rev. 7/21/05 No. 001-6777-4980-95285-8796 Community Services for the Elderly - Residential Repair Second Amendment 9. Certification: The parties to this Agreement hereby certify that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known relationship within the third degree of consanguinity, life partner, or business, commercial, economic, or financial relationship between the parties, the signatories to this Agreement, and any partners, members, directors, or shareholders of more than five per cent (5%) of any party to this Agreement. 10. Civil Actions: The Contractor represents that it shall not use any of the moneys received under this Agreement, either directly or indirectly, in connection with the prosecution of any civil action against the County of Suffolk or any of its programs, funded by the County, in part or in whole, in any jurisdiction or any judicial or administrative forum. 11. Prohibition Aqainst Contractin.q with Corporations that Reincorporate Overseas: The Contractor represents that it is in compliance with Suffolk County Local Law No. 20-2004, entitled "A Local Law To Amend Local Law No. 5-1993, To Prohibit The County of Suffolk From Contracting With Corporations That Reincorporate Overseas." Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. 12. Local Law No. 26-2003 This Agreement may be subject to Local Law No. 26-2003 of Suffolk County concerning Union Organizing Activities. The Contractor represents and warrants that it has read and is familiar with the requirements of Article 1, Chapter 466 of the Suffolk County Local Laws, "Use of County Resources to Interfere with Collective Bargaining Activities". County Contractors (as defined) shall comply with all requirements of Local Law No. 26-2003 including the following prohibitions: (a) The Contractor shall not use County funds to assist, promote, or deter union organizing. (b) No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. (c) The County of Suffolk shall not use County funds to assist, promote, or deter union organizing. (d) No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If Contractor services are performed on County property the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, nonintimidation agreement and a majority authorization card agreement. If Contractor services are for the provision of human services and such services are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions of Local Law No. 26-2003, 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. 13. 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 -- AG 6 Page 5 AG6 CSE Res Rpr Sohld ext 05 Law No. AGO06M/0029-06RB IFMS No. SCS EXE 05000008796 Rev. 7/21105 No. 001-6777-4980-95285-8796 Community Services for the Elderly- Residential Repair Second Amendment Exhibit C-200512006 BUDGET Town of Southold CSE Residential Repair Program April 1, 2005 - March 31, 2006 PERSONNEL Mechanic I Mechanic I FRINGE TRAVEL EQUIPMENT Tools/Supplies TOTAL Less Anticipated Income NET REIMBURSEMENT $18,300 12,000 6,300 1,300 1,200 500 50O ~21,300 (1,3OO) AG 6 Page 6 AG6 CSE Res Rpr Sohld ext 05 Suffolk County Fom~ SCEX 22 Contractor's/Vendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County. In the event contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so indicate at paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt status, you must execute this form beloxv before a notary public, 5.b Contractor'sAlendor'sName Town of Southold Address 53095 Main Road, P.O. Box 1179 City and State Southold, NY Zip Code 11971 Contracting Department's Name ~ to~ot~ Address -/5gD {)ett'~ f,c ,~+ /dA/ltv -v6, c[c t~. Payee Identification or Social Security'No. ' Type of Business~Corporation Partnership__Sole Proprietorship._Other Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk County in excess of $1,000? Yes No. Has contractor/vendor entered into three or more contracts, including the one for which you are no~v completing this form, ~vith Suffolk County, any three of which, when combined, exceed $1,0007 Yes No. Table of Organization. List names and addresses of all principals; that is, all individuals serving on the Board of Directors or comparable body, names and addresses of all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.) List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). o 10. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County? Yes__ No. If you answered yes to 8 above, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor's/Vendor's Public Disclosure Statement with the contract. (Describe general nature of the contract.). Page I of 3 Public Disclosure Form 11. 12. Remedies. The failure to file a verified public disclosure statement as required under local law shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (1 5%) of the amount of the contract. If you are one of the entities listed below at a) through c) or you qualify under d) below, you are exempt from completing paragraphs numbered 1 through 1 1 herein: __ a) Hospital x,/'b) Educational or governmental entities __ c) Not-for-profit corporations __ d) Contracts providing for foster care, family day-care providers or child protective services Please check to the lefi side of the appropriate exemption. 13. Verification. This section must be signed by an officer or principal of the contractor/vendor authorized to sign for the company for the purpose of executing contracts. The undersigned being sworn, affirms under the penalties of perjury, that he/she has read and understood the foregoing statements and that they are, to ~s/her own knowledge, tree. Dated: C~ .. ,'/~'0,~ Signed: //~//h~.,~ Printed Name of Signer: ~/~ Title of Signer: _57_t~_ ,o o4 ,, ~ c o--~_' '. , Name o f Contractormendor: -~c~ J.~ ~ UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF 56t~c:/2K-)_ss.:, / · , On, the ~ day of ~ in the year 20 ~before me, the undersigned, personally appeared ~o5'/~6~c~ ~g- (q~e~/'(z~4 personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signatu~'e-~'nd ~f'Icfi of indivi~tual taking acknowledgement) LOR! H. MONT~FU$CO Notary Public, State of New York No. 02M06109802 Qualified n Suffolk County ~ uomrn ssion Expires May 24, 20U1~ Page 2 of 3 Public Disclosure Form UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Without New York State) STATE OF ) )SS.; COUNTY OF ) On the day of in the year 20 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instmment, and that such individual(s) made such appearance before the undersigned in (Insert the city or other political subdivision and the state or country or other place the acknowledgement was taken) (signature and office of individual taking acknowledgement) Contractor's/Vendor's Public Disclosure Statement Form (Rev. 3/04) Page 3 of 3 Public Disclosure Form SCEX 22 Discl 5-04 COUNTY OF SUFFOLK OFFICE OF BUDGET AND MANAGEMENT CONTRACT BUDGET MODIFICATION REQUEST The program budget contained in the Agreement of COUNTY OF SUFFOLK and Town of Southold Program Name CSE Residential Repair Program Contract No. is hereby amended as follows: LINE NUMBER (HEADING) Page 1 of 1 April 1, 2005 -March 31, 2006 between the (Term of Agreement) 5000008796 DESCRIPTION $ BEFORE $ AFTER $ CHANGE + OR - Personnel Mechanic I 6,300.00 6,800.00 500.00 Fringe 1,300.00 1,335.00 35.00 Travel 1,200.00 2,365.00 ' 1,165.00 Anticipated Income 1,300.00 3,000.00 1,700.00 Net Change $ 0 Except as set forth above, this buCC~'~'~:~ification shall not provision in the sa//k~reemen~ ~// N ame.~6~ormi'e Splomo-'~T~ be deemed to change any condition or Name: Holly F~0,bdes-Teague '~:~ ~ Title: Deputy Comptroller ¢~Title: Director Date: 11/30/2005 ~ "~Dept: AGING . Agency: Southold Town Se~ervices ~ate: ( p,. ' k/1./ A,,,M. Kov,W APPROVED BY: ~x.~'~- ~ ~-' Aesl~tant Budget Director DATE: NOTE: This form is not to be used to affect any net increase in/the budget. USE REVERSE FOR SUPPORTING STATEMENTS Exec. Form 23 (10/72)