HomeMy WebLinkAboutNutrition Program (SNAP)
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PATRICIA A. FINNEGAN
TOWN ATTORNEY
patricia.finnegan@town.southold.ny.us
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran,corcoran@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY
lori. montefusco@town.southold.ny.us
Telephone (631) 765-1939
Facsimile (6ill) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To:
Ms. Lydia Tortora
From:
Lynne Krauza
Secretary to the Town Attorney
Date:
April 21, 2006
Subject:
Amendment of Agreement wiSe Office. for the Aging
Supplemental Nutrition Assistance Program (SNAP)
Please be advised that Lori has reviewed and approved the attached
Amendment of Agreement between the Town of South old and the Suffolk County
Office for the Aging in connection with the referenced matter. A copy of the
resolution authorizing Scott to sign this document is also attached.
In this regard, kindly have Scott sign all three counterparts of the
Amendment where indicated and insert the date of signature. Please note that
Scott's signature must be notarized on the Public Disclosure form. In addition,
please have Scott sign the Certification form where indicated and insert the date
of signature. Once the Amendments have been executed, kindly forward same
to Karen McLaughlin for handling. By copy of this Memorandum to Karen, I ask
that she make certain that Betty receives a fully executed Amendment of
Agreement for her records.
Thank you for your attention. If you have any questions, please call me.
Ilk
Enclosures
cc: Ms. Elizabeth Neville, Town Clerk (w/encls.)
Ms. Karen McLaughlin, Senior Citizens Program Director (w/o encls.)
Law No. AG004M/0020-07RB
Rev. 3/23/06
Supplemental Nutrition Assistance Program
IFMS No. SCS EXE 06000009442
No. 001-6774-4980-95284-9288
Second Amendment
Amendment of Agreement
This is the Second Amendment of an Agreement (Agreement) last dated October 21, 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 South old (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
March 31, 2006 through March 31, 2007 (the period April 1 , 2006 through March 31, 2007 being
hereinafter called the "2006/2007 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:
Shall be April 1 , 2004 through March 31, 2007.
Daily Home-Delivered Meals:
112 - 5 days per week - midday
Total Cost of Agreement: Shall be on a fee-for-service basis, not to exceed $409,578 (with $147,037
for the 2006/2007 Extension Period), as set forth in Exhibit C to the
Agreement.
Terms and Conditions: Shall be as set forth in Exhibit A-2006 attached.
In Witness Whereof, the parties hereto have executed this Seoond Amendment of Agreement as of the latest
date written below.
Town of South old
County of Suffolk
By:
By:
Scott A. Russell
Supervisor
Fed. Taxpayer 10 #: 11-6001939
Date:
Approved as to Legality:
Paul Sabatino II
Chief Deputy County Executive
Date:
Approved:
By:
Christine Malafi
Suffolk County Attorney
By:
Holly S. Rhodes-Teague
Director, Office for the Aging
Recommended:
Date
Samantha N. McEachin
Assistant County Attorney
Date
By:
Anna Prencipe
Food Service Supervisor
Date
AG 4M (3/06)
Page 1
AG4 sohld snap 06
Law No. AG004M/0020-07RB
Rev. 3/22/06
Supplemental Nutrition Assistance Program
IFMS No. SCS EXE 06000009442
No. 001.6774-4980-95284-9288
Second Amendment
Exhibit A - 2006
Whereas, the County and Contractor have entered into an Agreement (Law No. AG004M/0003-06R),
last dated October 21,2004, for a term from April 1, 2004 through March 31,2005 for a senior citizens'
nutrition program at a Total Cost of $129,352; and
Whereas, the County and Contractor have entered into a First Amendment of Agreement (Law No.
AG004M/0003-06RA) extending the term from March 31, 2005 through March 31, 2006 and (at an
additional cost of $133,189) increasing the Total Cost of the Agreement to $262,541; and
Whereas, the parties hereto desire to modify the Agreement and First Amendment of Agreement,
to extend the term from March 31, 2006 through March 31, 2007 and (at an additional cost of
$147,037) increasing the Total Cost of the Agreement to $409,578, 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 Aoreement:
The Term of Agreement paragraph on page 1 of the Agreement is amended to read
April 1 , 2004 through March 31, 2007 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 $409,578 is comprised as follows:
(a) $129,352 for program year 2004/2005;
(b) $133,189 for program year 2005/2006;
(c) $147,037 for program year 2006/2007;
4. Rate Paoe:
The rate at which the Contractor shall be paid for this Extension Period is set forth for
program year 2006/2007 in Exhibit C to the Agreement.
5. Paragraph 7 of Exhibit A1 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 snap 06
Law No. AG004M/0020-07RB
Rev. 3/22/06
Supplemental Nutrition Assistance Program
IFMS No. SCS EXE 06000009442
No. 001-6774-4980-95284-9288
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 snap 06
Law No. AG004M/0020-D7RB
Rev. 3/22/06
Supplemental Nutrition Assistance Program
IFMS No. SCS EXE 06000009442
No. 001-6774-4980-95284-9288
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 snap 06
Law No. AG004M/0020-07RB
Rev. 3/22/06
Supplemental Nutrition Assistance Program
IFMS No. SCS EXE 06000009442
No. 001-6774-4980-95284-9288
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 Attorney, 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 of Text-
AG 4M (3/06)
Page 5
AG4 sohld snap 06
7.
8.
9.
10.
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 I through 1 I 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.
Contractor'sIV:ndor's Name7l);.,(JN of' ~IA.TWot.J:,
Address <~ .~ 09 I) A/}(lIN Rd f>.{J. =-nx 117'1
City and State S'CJlA-nlrl L ^ II/. ll. / I 7' 71
Contracting Departmen s Name .5;0 AI~ tJr~
Address oC) e S / qS J.,
Payee Identification or Social Security No.
Type of Business_Corporation _Partnership_Sole Proprietorship ffither
Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk
County in excess of$I,OOO? ___:Jes_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? _> es_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. )
2.
3.
4.
5.a
5.b
6.
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).
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'sIV endor's Public Disclosure Statement with the
contract. (Describe general nature of the contract.)
Page] 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 I through 11 herein:
_ a) Hospital
----d.. 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 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 hislher own knowledge, true.
Dated:
Printed Name of Signer:
Title of Signer:
Name of Contractor/Vendor:
Signed:
5(1n TT"' A.l?uSSE L.L-.
SnuTJ./()L.^ It?uJIlJ 5uPmi/isnA.
'/c.JUJN Or SOU.TH-OLb
UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
(Within New York State)
STATE OF NEW YORK)
COUNTY OF ) ss.:
On the _ day of in the year 20~ before me, the undersigned, personally appeared
5 c.......{-f-,4 l( UlS<e.-t( 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.
(signature and office of individual taking acknowledgement)
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 hislher/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, 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 Disci 5-04
Suffolk County, New York
Department of L:1bor
SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIA nON UNIT
UNION ORGANIZING CERTIFICA TION/DECLARA TION _ SUBJECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the
contractor;s/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I,
III, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, III and IV
below. Completed forms must be submitted to the awarding agency.
County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a
written conh'act with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subconh"act with
any of the above."
Section I
Check if
Applicable
G
The Union Organizing Law applies to this contract. IIwe hereby agree to comply with all the provisions of Suffolk
County Local Law No, 26-2003, the Suffolk County Union Organizing Law (the law) and, as such shall not use
County funds to assist, promote, or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the
County for costs incurred to assist, promote, Or deter union organizing. (Chapter 466-3 B)
I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter
union organizing, (Chapter 466-3 If)
I/we further agree that if any expendirures or costs incurred to assist, promote, or deter union organizing are made,
I/we shall maintain records sufficient to show that no County funds were used for those expenditlll'es and, as
applicable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records
shall be made available to the pertinent County agency or authority, the County ComptrolIer, or the County
Department of Law upon request. (Chapter 466-3 I)
IIwe fllIiher affirm to the following:
. I/we wilI not express to employees any false or misleading information that is intended to influence the
determination of employee preferences regarding union representation;
. I/wc will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
. [/we will not require an employee, individualJy or in a group, to attend a meeting or an event that is intended to
influence his or her decision in selecting or not selecting a bargaining representative;
. IIwe understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the
adoption of nonconfrontationaI procedures for the resolution of prerecognition labor disputes with employees
engaged in the production of goods or the rendering of services for the County; and
. 1/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure
the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said
procedures in such certification.
I/we further agree that every County contract for the provision of services, when such services will be performed on
County property, shall include a requirement that IIwe adopt a reasonable access agreement, a neutrality agreemcnt,
fair communication agreement, no intimidation agreement, and a majority authorization card agreement.
[Jwe further agree that every County contract for the provision of human services, when such services are not to be
perfomled on County property, shall include a requirement that I/we adopt, at the least, a neutrality agreement.
I/we understand that the efficient, timely, and nondisruptive provision of goods and services is a paramount financial
interest of the County of Suffolk and as such, the County expects the potential County contractor to protect the
County's financial interest by adopting nonconfrontational procedures for the orderly resolution of labor disputes,
including, but not limited to, neutrality agreements, majority authorization card agreements, binding arbitration
agreements, fair communication agreements, nonintimidation agreements, and reasonable access agreements.
DOL-La I (6/05)
Suffolk County, New York
Department of Labor
Section II
The Union Organizing Law does not apply to this contract for the fOllowing reason(s): ____
D
Check if
Applicable
Section III
Contractor Name:
-t;; W 1\1 0 -r SJ U Tl-I-f"li ,\
.
S:3(J9,5"" /VJ41A1 ~d,
S'lATHOU, IV V" JIc;71
, V
ContractorPhone#: 0"31) "7(,.=F- / l?f?9 01<, ~3/J;(9r?''1'100
Description of project or service: l-I-olY/" 1\p1'VI'JePd /Weals /~/,Q'">1
Contractor Address;
Federal Employer 10#:
II (;00/939
.:J /'17 6~oO
.
,00 i~.,!\ J 17ft Amount of Assistance:
Vendor #:
-IrJP. Se AI, ~'RS
Section IV
I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this
certification, and that the above is true and correct.
Authorized Signature
S'com./fUSScI-L, SOUTHaLl> 70""/1/ S4fet'l/( Sor
Print Name and Title of Authorized Representative
Date
\
.
DOL-LOI (6/05)
ELIZABETH NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 1197]
Fax (631) 765-6145
Telephone: (631) 765 -1800
southoldtown.northfork.net
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
RESOLUTION # 2006-323
Resolution ID: ]715
Meeting:
Department:
Category:
04/11/0607:30 PM
Town Attorney
Contracts, Lease & Agreements
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-323 WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 11,2006:
RESOLVED that the Town Board ofthe Town of South old hereby authorizes and directs Supervisor Scott
A. Russell to execute an Amendment of Al!reement between the Suffolk County Office for the Al!inl! and
the Town of Southold for the Supplemental Nutrition Assistance Prol!ram (SNAP), IFMS No. SCS EXE
06000009442, for the period April I, 2004 through March 31,2007, subject to the approval of the Town
Attorney.
~,.-~~~~.
Elizabeth A. Neville
Southold Town Clerk