HomeMy WebLinkAboutNutrition ProgramPATRICIA A. FINNEGAN
TOWN ATTORNEY
pat ricia.fi n negan(/~town.southold.ny.u s
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran(a"town.southold.ny, us
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY
lori.monte fusco (a)town.sou t hold.ny.us
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To-
From:
Date:
Subject:
MEMORANDUM
Ms. Lydia Tortora
Lynne Krauza
Secretary to the Town Attorney
March 30, 2006
III-C Nutrition Program Agreement
Please be advised that Lori has reviewed and approved the attached
Agreement between the Town of Southold and Suffolk County Office for the
Aging in connection with the referenced matter. A resolution has been placed on
the Agenda for the next Town Board meeting authorizing Scott to sign this
Agreement.
In this regard, kindly have Scott sign all three counterparts of the
Agreement where indicated and insert the date of signature. Please note that
Scott's signature must be notarized. In addition, please have Scott sign the
Certification form where indicated and insert the date of signature. Once the
Agreements and Certification form have been executed, kindly forward same to
Karen McLaughlin for handling,
Thank you for your attention, If you have any questions, please call me.
/Ik
Enclosures
cc: Ms. Elizabeth Neville, Town Clerk (w/encls.)
Ms. Karen McLaughlin, Senior Citizens Program Director (w/o encls.)
Suffolk County, New York
Department of Labor
SUFFOLK COUNTY I)EPARTMENT OF LABOR- LABOR MEDIATION UNIT
UNION OB. GANIZING CERTIFICATION/DECLAIL4TION - SUBJECT TO AUDIT
If the lbllowing definition of "County Contractor" (Union Orllanizing l,a~v Chapter 466-2) al)plies to the
contructor's/beueficiary's business or transaction with Sul'l~lk Cnunty, Ihe contractor/beneficiary must complete Seclious 1,
III, ami IV below. Il' the following definitions do not apply, the contractor/beneficiary must complete Sections II, III and 1V
below. Completed forms must be submitted to the awarding ugeucy.
County Contractor: "Any elnployer that receives more than $50,000 ii1 County flmds for snpplying goods or services pursuant to a
written coutract with/lie County of Sufft~lk or any of its ageocies; pnrsnant to a Suffolk Connty giant; pursuant to a Suffolk County
program; porsuant to a Suffolk Connty reimbursement for services provided ill auy calendar year; or pursuant to a subcontract with
aoy of the above."
Section I
Check if
Applicable
The Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk
County Local Law No. 26-2003, the Snffolk County Union Organizing Law (the law) and, as such shall not use
County funds to assist, prmnote, or deter uoion organizing (Chapter 466-3 A), nor seek reimbursement fi'om the
County lbr costs incurred to assist, promote, or deter unioo organizing. (Chapter 466-3 B)
I/we fin'ther agree to take all action necessary to ensnre that Connty fimds are not used to assist, promote, or deter
ration organizing. (Chapter 466-3 H)
I/we fnrther agree that if any expenditmes or costs/ucurred to assist, promote, or deter union organizing are made,
I/we shall maintain records sufficient to show that no Couoty funds were used for those expenditures and, as
applicable, that no reimbursement fi'om Couoty fimds has been songbt for snch costs. I/we agree that such records
shall be made available to the pertinent County agency or authority, the County Comptroller, or the County
Department of Law upon reqnest. (Chapter 466-3 1)
I/we further affirm to the following:
· l/we will nol express to employees any false or misleading information that is intended to influeoce the
dele:ruination of employee preferences regarding union representation;
· I/we will not coerce or in6inidate employees, explicitly or implicitly, in selectiug or not selecting a bargaining
representative;
· I/we will not reqmre an employee, iodividually or iu a group, to attend a meeting or an cvent that is inteuded to
influence bis or bet decision in selecting or uot selecting a bargainiug representative;
· I/we uuderstand my/our obligation to linfit disruptions caused by prerecognition labor disputes through the
adoption ofnoncmlfi'ontational procedures for the resolution of prerecognition Iabor disputes with employees
engaged in the production of goods or the rendering of services for the County; and
· I/we have or will adopt any or all of the above-referenced procednres, or their fitnctional equivalent, to ensure
the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list ofsakt
procedures in such certification.
l/we fnrther agree that every County contract for the provisiou of services, when snch services will be performed on
County property, shall include a requirement that 1/we adopt a reasonable access agreement, a neutrality agreement,
Fair communication agreement, no intimidation agreement, and a majority anthorization card agreement.
I/we fin'ther agree that every County contract fi~r lbo provision of human services, wbcn such services are not to be
performed on County property, shall iuclude a reqnirement that l/we adopt, at the least, a neutrality agreement.
I/we understand that die efficient, timely, and nondisruptive provision of goods and services is a paramount financial
interest of the County o f Suffolk and as such, the County expects the potential County contractor to protect the
County's financial interest by adopting nonconfi'ontatioual procedures for the orderly resoltltion of labor disputes,
iucluding, but not limited to, neutrality agreements, majority authorizatiou card agreements, bindiug arbitration
agreements, fair comnrunication agreements, nonintimidation agreemeots, and reasonable access agreements.
DOL-LOI (6/05)
Suffolk County, New York
Dcparlmcnt of Labor
Section II
Check if
Appl/cable
The Uuion Organizing Law does not apply to Ihis coutract for the following reason(s):
Section lli
Contractor Nan]e: Town of Southold
Contractor Address: P.O. Box 1179, 53095 Main Road
Southold, NY 11971-0959
ContractorPhonc#~ (631) 765-1889
Description of project or service:
Federal Employer ID#:
Amou~lt of Assistance:
Vendor #:
11-6001939
Section IV
I declare under penalty of perjury under the Laws of the State of Ncw York that the undersigned is authorized to provide this
certification, and that the above is tree and correct.
Authorized Signatnre
Date
Print Name and Title of Authorized Representative
DOL-LOI (6/05)
County of Suffolk
~
Steve Levy
Suffolk County Execullve
Office for the Aging
Holly S. Rhodes-Teague
Director
May 12, 2006
The Honorable Scott A Russell
Supervisor
Town of Southold
53095 Main Road, PO Box 1179
Southold, New York 11971
f5) [E (C [E ~ \Yl [E 1m
lf1l MAY 1 6 2006 tv)
RE: IIIC Nutrition Program
IFMS No. SCS EXE 06000009288
SUPERVISOR'S OFFICE
TOWN OF SOUTHOlD
Dear Supervisor Russell:
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,
~ i&~JJ-
Leonor Hunter
Fiscal Administrator II
LH:MVK:ny
Enc.
cc: Karen McLaughlin
G:WYANOFSKYlMVKfOrm/etterslLtr4Afullyexec.NOR. TownCC.doc
(631) 853-8200
H. lee Dennison Building. 100 Veterans Memorial Highway. P.O. Box 6100 . Hauppauge, New York 11788-0099 . FAX 853-8225
Over 30 years as the designated Area Agency on Aging Providing Services for Older CitJzens
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.
. t.
.
Law No. AG004M/0003-06RB
Rev. 3/16/06
mc Nutrition Program
IFMS No. SCS EXE 06000009288
No. 001-6790-4980-95284-9288
Second Amendment
Amendment of Agreement
This is the Second Amendment of an Agreement (Agreement) last dated July 26, 2004, 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 11788-0099), 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 Agreement from
December 31, 2005 through December 31, 2006 (the period January 1, 2006 through December 31, 2006
being hereinafter called the "2006 Extension Period") and to amend other contract provisions to comply
with current County Standards, as set forth herein. Sufficient funding exists in the 2006 Suffolk County
Operating Budget.
Term of Agreement:
Total Meals:
Total Cost of Agreement:
Shall be January 1,2004 through December 31, 2006.
Daily Congregate Midday Meals: 57
Not to Exceed $67,275 Annually
Shall be on a fee-for-service basis, not to exceed $190,441 (with $67,275 for
the 2006 Extension Period), as set forth in Exhibit C to the Agreement.
Shall be as set forth in Exhibit A-2006 attached.
Terms and Conditions:
In Witness Whereof, the parties hereto have executed this Second Amendment of Agreement as of the latest
date written below.
Town of South~
By: ~~
Scott A. Russell
Supervisor
Fed. Taxpayer ID #: 11-6001939
Date: 4-.3 -0"
Approved as to Legality:
County of Suffolk
f>~~
Paul Sabatino II
Chief Deputy County Executive
Date: ;<;) 11 )~
.
Approved:
By:
By:
'i L ~ (i/..
Date
Samantha N. c
Assistant County Attorney
By:
AG 4M (3/06)
Page 1
AG4 sohld 06
.
Law No. AG004M/0003-06RB
Rev. 3/15106
mc Nutrition Program
IFMS No. SCS EXE 06000009288
No. 001-6790-4980-95284-9288
Second Amendment
Exhibit A - 2006
Whereas, the County and Contractor have entered into an Agreement (Law No. AG004M/0003-06R),
last dated July 26,2004, for a tenn from January 1, 2004 through December 31,2004 for a senior citizens'
nutrition program at a Total ('.cst of $57,878; and
Whereas, the County and Contractor have entered into a First Amendment of Agreement (Law No.
AG004M/0003-06RA) extending the term from December 31,2004 through December 31,2005
and (at an additional cost of $65,288) increasing the Total Cost of the Agreement to $123,166; and
Whereas, the parties hereto desire to modify the Agreement and First Amendment of Agreement,
to extend the term from December 31,2005 through December 31,2006 and (at an additional
cost of $67,275) increasing the Total Cost of the Agreement to $190,441, as set forth below, and;
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
January 1, 2004 through December 31, 2006 as set forth on the page 1 of this Second
Amendment of Agreement.
2. Meals:
Effective as of the beginning of the Extension Period, the approximate daily number, and the
maximum annual number, if any, of Congregate and/or Home-Delivered Meals included in the
Program shall be as set forth on the cover page of this Second Amendment of Agreement.
3. Pavment of Services:
The Total Cost of Agreement $190,441 is comprised as follows:
(a) $57,878 for calendar year 2004;
(b) $65,288 for calendar year 2005;
(c) $67,275 for calendar year 2006;
4. Rate Paqe:
The rate at which the Contractor shall be paid for this Extension Period is set forth for
calendar year 2006 in Exhibit C to the Agreement.
5. Paragraph 7 of Exhibit A 1 to the agreement is amended to read as follows:
7. Addresses for Notices, Claims and Reports
(a) Notices, Relating to Payments, Reports or Other Submissions.
Any communication, notice, claim for payment, report, or other submission
necessary or required to be made by the parties regarding this Agreement shall be in
writing and shall be given to the County or the Contractor or their designated representative
at the following addresses or at such other address that may be specified in writing by the
parties and must be delivered as follows:
AG 4M (3/06)
Page 2
AG4 sohld 06
Law No. AG004M/0003-06RB
Rev. 3/15/06
IIIC Nutrition Program
IFMS No. SCS EXE 06000009288
No. 001-6790-4980-95284-9288
Second Amendment
For Aaina:
By Registered or Certified Mail in Postpaid Envelope or
by Nationally Recognized Courier Service
Holly S. Rhodes-Teague, Director
Suffolk County Office for the Aging
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788-0099
and
For the Contractor:
By Registered or Certified Mail in Postpaid Envelope or
by Nationally Recognized Courier Service
At the address set forth on page one of this Agreement, attention of the person who
executed this Agreement or such other designee as the parties may agree in writing.
(b) Notices Relating to Insurance
Any communication, notice or other submission regarding insurance
requirements under this Agreement shall be in writing and shall be given to the County or
the Contractor or their designated representative at the following addresses or at such
other addresses that may be specified in writing by the parties and must be delivered as
follows:
For Aaina:
By Registered or Certified Mail in Postpaid Envelope or
by Nationally Recognized Courier Service
Holly S. Rhodes-Teague, Director
Suffolk County Office for the Aging
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788-0099
and
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788-0099
and
AG 4M (3/06)
Page 3
AG4 sohld 06
Law No. AG004M/0003.06RB
Rev. 3/15/06
IIIC Nutrition Program
IFMS No. SCS EXE 06000009288
No. 001-6790-4980-95284-9288
Second Amendment
For the Contractor:
By Registered or Certified Mail in Postpaid Envelope or
by Nationally Recognized Courier Service
At the address set forth on page one of this Agreement, attention of the person who
executed this Agreement or such other designee as the parties may agree in writing.
(c) Notices Relating to Indemnification and Termination
Any communication or notice regarding indemnification or termination shall be
in writing and shall be given to the County or the Contractor or their designated
representative at the following addresses or at such other addresses that may be specified
in writing by the parties and must be delivered as follows:
For the County:
By Registered or Certified Mail in Postpaid Envelope or
by Nationally Recognized Courier Service
Holly S. Rhodes-Teague, Director
Suffolk County Office for the Aging
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788-0099
and
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788-0099
and
For the Contractor:
By Registered or Certified Mail in Postpaid Envelope or
by Nationally Recognized Courier Service
At the address set forth on page one of this Agreement, attention of the person who
executed this Agreement or such other designee as the parties may agree in writing.
Notices sent under paragraphs a, b, and, c above shall be deemed to have been duly given
(i) if mailed by registered or certified mail, upon the seventh business day after the mailing thereof;
or (ii) if by nationally recognized overnight courier service, upon the first business day subsequent
to the transmittal thereof.
Each party shall give prompt written notice to the other party of the appointment of
successor(s) to the designated contact person(s) or his or her designated successor(s).
AG 4M (3/06)
Page 4
AG4 sohld 06
Law No. AG004M/0003-06RB
Rev. 3/15/06
IIIC Nutrition Program
IFMS No. SCS EXE 06000009288
No. 001.6790-4980-95284.9288
Second Amendment
(d) Notices Relating to Litigation
i. Any notice by either party to the other with respect to the
commencement of any lawsuit or legal proceeding against the other, shall be
effected pursuant to and governed by the New York State Civil Practice Law and
Rules or the Federal Rules of Civil Procedure, as applicable.
ii. In the event the Contractor receives a notice or claim or becomes a
party (plaintiff, petitioner, defendant, respondent, third party complainant, third party
defendant) to a lawsuit or any legal proceeding related to this Agreement, the
Contractor shall immediately forward to the County Attomey, at the addresses set
forth in sub-paragraph b above, copies of all papers filed by or against the
Contractor. Notices shall be as provided in paragraph (c) above.
6. Subparagraph (g) of Paragraph 13 of Exhibit A 1 to the Agreement is replaced in its entirety with
the following:
(g) The Contractor agrees that it shall protect, indemnify and hold harmless the County
and its officers, officials, employees, contractors, agents and other persons from and against all
liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs,
expenses, suits or actions and reasonable attorney's fees, arising out of the acts or omissions or
the negligence of the Contractor in connections with the services described or referred to in this
Agreement. The Contractor shall defend the County and its officers, officials, employees,
contractors, agents and other persons in any suit, including appeals, or at the County's option, pay
reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or
negligence of the Contractor, its officers, officials, employees, subcontractors or agents, if any, in
connection with the services described or referred to in this Agreement.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State
of New York, without regard to conflict of laws. Venues shall be designated in Suffolk County, New
York or the United States District Court for the Eastern District of New York.
8. Force Majeure
Neither party shall be held responsible for any delay or failure in performance hereunder to
the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, civil or
military authority, act of God, act or omission of carriers, power failure or similar causes beyond its
control ("force majeure conditions"). If any force majeure condition occurs, the party delayed or
unable to perform shall give immediate notice to the other party.
9. 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 ofText-
AG 4M (3/06)
Page 5
AG4 sohld 06
Suffolk County Form SCEX 22
Contractor'slVendor'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 below before a notary public.
1.
2.
3.
4.
5.3
5.b
6.
7.
9.
of:'
Po
Sour-J.l.11L j}
Box / I '7'1
Zip Code
II Cf7/
Contractor's/Vendor's Name /1,1,) AI
Address 530'95" 1114/1"/ ~d
City and State . 'i'oUTHnL/\ fJ. l/.
Contracting Department's Name J
Address
Payee Identification or Social Security No.
Type ofBusiness._ Corporation_Partnership _ Sole Proprietorship_Other
Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk
County in excess of$I,OOO? _Yes_No.
Has contractor/vendor entered into three or more contracts, including the one for which you are
now completing this form, with Suffolk County, any three of which, when combined, exceed
$1,000? _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).
8.
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 ifnot applicable.)
The undersigned shall include this Contractor'slVendor's Public Disclosure Statement with the
contract. (Describe general nature of the contract.)
10.
Page 1 of 3 Public Disclosure Form
11. 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 (15%) of the amount of the contract.
12. 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 11 herein:
a) Hospital
~ 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 left side of the appropriate exemption.
13. Verification. This section must be signed by an officer or principal of the contractor/vendor
authorized to sigrl for the company for the purpose of executing contracts. The undersigned
being sworn, affirms under the penalties of peIjury, that he/she has read and understood the
foregoing statements and that they are, to his/her own wledge, true.
Dated: ~/..3 /06
Printed Name ol'Signer:
Title of Signer:
Name ofContractorNendor:
Signed:
UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
(Within New York State)
STATE OF NEW YORK)
COUNTY OF 5l,{.:#o{f<.~J sS.:
On the ~ day of ~~t L in the year 20 d" before me, the undersigned, personally appeared
s~ nn f.I R.u,.,r,:l.-L- 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.
(' ~~ ()t(~~~ aki kn 1 d )
signature an 0 Ice 0 III IVI ua t ng ac ow e gement
LINDA J COOPER
NOTARY PUBLIC. State of New York
NO. 01 C04822563. Suffolk CounlY,
Term Expires December 31, 20...J.)!l?
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
hislher/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument, 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'sNendor's Public Disclosure Statement Form (Rev. 3/04)
Page 3 of 3 Public Disclosure Form
SCEX 22 Disci 5-04