HomeMy WebLinkAboutNutrition Program (2)
RESOLUTION 2008-358
ADOPTED
DOC ID: 3764
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-358 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 8, 2008:
RESOLVED that the Town Board of the Town of South old hereby authorizes and directs
Supervisor Scott A. Russell to sie:n a Renewal Ae:reement with Prime Services. Inc.. in
order for the Town to continue to participate in a e:roup purchasine: proe:ram for food and
other supplies for the Town's Senior Nutrition Proe:ram; and
BE IT FURTHER RESOLVED, that this method of purchase has been evaluated by the Town
Attorney's Office and appears to meet the standards of General Municipal Law 103 of the
Consolidated Laws of the State of New York, which authorizes nutrition programs that receive
federal, state or local funding to enter into joint contracts and arrangements to purchase food and
related supplies without the requirement of competitive bidding.
Pi~-/-".fCl.Q~~L.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS)
MOVER: Vincent Orlando, Councilman
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
^ - ~V\Ot Ifr\~k~
f1-r TO S
PURCHASING SOFIWARE RENEWAL AGREEMENT
This agreement by and between Town of Southold Senior Sel1Jices. 7<;0 pacific St.. Mattituck. NY llQ<;2herein referred to
as Member and PRIME Services, Inc. located at 6400 Sheridan Dr., Suite 112, Williamsville, NY 14221 herein referred to as
PSI shall agree as follows:
1. ~I agrees:
<!:J To provide Member use of the Purchasing Program.
1) Member may upgrade to the Purchasing Program with the Department module for a licensing fee of One
Thousand Dollars ($1000.00) and an annual subscription fee of Three Hundred Ninety Nine Dollars
($399.00) paid in advance. 0 Check if desired. If checked, item 2B does not apply.
@ Member may upgrade to the Purchasing Program with the Department and Budget modules for a
licensing fee of Two Thousand Dollars G''JPOo.oo) and an annual subscription fee of Four Hundred Ninety
i Nine Dollars ($499.00) paid in advance. 121 Check if desired. If checked, item 2B does not apply. ~a-(
To assist Member in creating order guides.
C To provide Member with access to all other PSI Group Purchasing Vendor Agreements and pricing.
To provide Member with training and support on the Purchasing Program.
2. ~e ber agrees: AlA
To purchase a minimum of 80% of their total foodservice volume through the PSI program (inclusive of grocery
. tributors: milk, coffee, bl'elld, etc.) and 80% of their purchases in at least five (5) of the following agreements.
o Sammons Preston
o Sherwin WiIliams
o BunzI
o Staples Business
o Novartis
--k Member agrees to pay PSI an annual reduced subscription fee of Two Hundred Ninety Nine Dollars ($299.00).
"fJ~ Member estinIates that purchases based on bed size and occupancy of beds at $_ per resident
J.. day will be $_/month.
p.l. Should purchasing levels fall below their commitment volume, Member agrees to pay PSI the previously
I waived licensing fee of Three Thousand Nine Hundred Fifty Dollars ($3950.00) and begin to pay the non-
committed annual subscription fee of Five Hundred Ninety-Nine Dollars ($599.00) or the current rates in effect
~ at that time.
To pay vendors invoices in a timely manner.
. To keep confidential, all pricing, contract, and software related information.
G) Member agrees to use all software provided only at the location that it was provided for and further agrees not
to provide copies of software or other related materials to anyone without the expressed written permission of
PSI.
@ In the event of termination of this agreement, Member agrees to return all software to PSI.
PRIME Services, Inc.
6400 Sheridan Dr., Suite 112
Williamsville, NY 14221
1-800-666-3344 . Fax: 716-565--9428
Page 2
(!) INSTALLATION.
A) PSI will provide initial set up../
B) PSI will provide on-going support to Member staff, for all reasonable requests.'/
X TRAINING/INPUT.
On-site training and/or input are available to Member at a cost of Eight Hundred Dollars ($800.00) per day, plus
expenses.
o Yes I would like PSI to train.
o Yes I would like PSI to input durn.
@)
ON-UNE TECHNICAL SUPPORT.
Members in need of assistance may call PRIME Services at 800-666-3344 and then dial 3. Technical support is
available Monday-Friday between 8 am and 4:30 pm Eastern Standard Time.
@ ADDITONAL CHARGES.
PSI is not responsible for events outside of its control that can impact the operation of the Purchasing Program.
These events include but are not limited to, power surges, hardware failure and natural disasters. PSI will work
with Member to repair and recover data at Member's request. Member will be billed at the current rate in effect at
that time. The hourly rate during 2008 is One Hundred Twenty-Five Dollars ($125.00) per hour.
@ ADDffiONAL SERVICES.
PSI can assist Member by hosting Member's data. The charge for PSI to host and back up Member's data is Fifty
Dollars ($50.00) per month paid in advance on a quarterly basis for one computer. Each additional computer
accessing the network will be charged Twenty-Five Dollars ($25.00) per month paid in advance on a quarterly basis.
o Check if you would like PSI to host your data. If checked, bow many computers will be connecting to the network: _
@ UPGRADES, ENHANCEMENTS & NEW VERSIONS.
Member is entitled to all upgrades and enhancements to the module they are licensed for as long as Member is
CUlTent with the annual subscription fee. New and/or different modules are not included in this agreement.
9. DISPUTES, ARBITRATION &APPUCABLE LAW.
Any dispute arising under this Agreement shall be determined by arbitration venne in Erie County, New York.
10. ASSIGNMENT.
Either party may not assign this Agreement without the prior written consent of the other party.
11. MISCEllANEOUS.
This Agreement shall he binding upon and inure to the benefit of the parties' representatives. If any section is
determined to be unenforceable or invalid, the remainder of the Agreement shall remain binding and effective. A
waiver of any breach of a term or condition by either party shall not be deemed or construed as a waiver of any
subsequent breach. The parties agree to abide by all applicable governmental laws and regulations including,
without limitation, the export control regulations of the U.S. Department of Commerce. Neither party shall be
liable for delay or failure in performance of any obligation to the extent caused by OCCUlTences beyond such
parties' control, such as acts of God, decrees or restraints of government, or interruption of materials or labor, but
the party delayed shall give prompt notice to the other party and shall remedy the delay as far as possible with
reasonable dispatch. Member agrees to indemnify defendant and hold PSI from and against all claims, demands,
actions and proceedings, costs, judgments, settlements and liabilities including claims of third parties, regardless
of form or the nature thereof arising from or in connection with use or operation of the SOFIWARE,
DOCUMENTATION AND/OR PROGRAMS.
312112008
Page 3
GTERM.
C7 The term of this agreement is three (3) years commencing on Mav 1. 2008 to A\lril ~o. 2011.
Agreement will be renewed for three year terms provided neither party give notice to the contrary with sixty (60)
days written notice.
13. ENTIRE AGREEMENT.
This document constitutes the entire Agreement in connection with this subject matter and supersedes all prior
agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. Each
party acknowledges that he/she/it has read and understands this documentation and has not been induced to
enter into specifically stated herein. This Agreement may be amended only by a written agreement signed by
EACH PARTY WARRANTS THAT THE REPRESENTATIVES SIGNING BELOW ARE AUfHORlZED
TO EXECUfE THIS AGREEMENT ON SAID PARTY'S BEHALF.
\
Robert Rizzone.
Print Name and Title
Date
Signature
Scott A. Russell, Southald Town Supervisor
Print Name and Title
if
(O~
PRIME Services
,;~
Sig~fute
Inc.
FOR MEMBER
Ice President
PLEASE PRINT
Jacqueline Martinez
Employee using Purchasing Program
jacqui.martinez@town.southold.ny.us
Email Address
Erell_McLaU'1hlin
J@!C"n.",-claughlin@town. southold.l1l'," us
Please return signed agreement to Edna Biondo, PlUME Services, Inc. Fax: 716-565-9428
3121/2008
GROUP PURCHASING PROGRAM
MEMBERSHIP AGREEMENT
This agreement is made as of the _.. t.f1,,-. day of M;; ( , 20 0 L between PRIME Selvices, Inc. (PSI) located at
6101 Rohlllson Road, Lockport, New York and Mem~entIfied by facIlity, address and authonzed signature below.
As an authorized agent for the facility identified below, I hereby authorize PSI as our group-purchasing agent for the purpose of
recorrunending and endorsing goods and services for our use.
PSI agrees to furnish the member with certain Program Information (User Information) and assist the Member in the effective use of the
Program. The Member agrees to abide by the following terms and conditions.
1. Purchasing Agreements. The Member agrees that PSI is authorized, but not obligated, to enter into agreements with vendors in
order to make those agreements generally available to Group's Members. Such agreements may contain certain terms and conditions
necessary for the Member to conmlit to and comply with in order to purchase the products of the vendor. The Member is not
obligated to make any purchases. If the Member decides to take advantage of such agreements, the Member agrees to comply with
the terms and conditions of the agreements.
2. Own Use. The Member expressly understands and agrees that each and every purchase made through any Group agreement is for
the Member's ultimate consumption or Own Use, as defined by the U.S. Supreme Court in Abbott Labs et al v. Portland Retail
Druggist Association. Inc (425 US I, 1976) and its successor line of cases and the Prescription Drug Marketing Act of 1987 ("Own
Use").
3. Confidentiality. The Member agrees to keep confidential all User Information. Member agrees to use the User Information
(including any proprietary software provided to Member by Group) solely for the purposes contemplated by this Agreement.
Member agrees that all title to and ownership of the User Information shall at all times remain with PSI. Member will use the User
Information in confidence, will not disclose any User Information to any third parties, but will limit its disclosure to bona fide
employees of Member on a need-to-know basis.
4. Administrative Fees. Member acknowledges that PSI has disclosed that it receives administrative fees from participating contract
vendors based on purchases made by Group's members; that such administrative fees are not fixed at the same amount in each
vendor contract; and that most vendor contracts provide for administrative fees equal to three percent (3%) or less of the purchase
price of the goods or services covered by the participating vendor contracts. PSI will provide to Member, upon request, a list of each
vendor contract pursuant to which Group receives an administrative fee greater than three percent (3%). PSI will report to Member,
in vvriting, on a basis not less frequently than annually, and to the Secretary of Health and Human Services, on request, the amount
received from vendors with respect to purchases made by or on behalf of Member. Member understands that the discounts provided
by PSI's contract vendors as part of the Programs are discounts within the meaning of 42 U.S.c. Section 1320a-7b(b)(3)(A) of the
Social Security Act and the regulations promulgated thereunder at 42 C.F.R. Section 1001.952(h) and that Member may have an
obligation to report this discount to any state or federal program which provides cost or charge-based reimbursement to Member for
the items to which the discount applies.
5. Term & Termination. The initial tern} of this Agreement IS for three years, beginning on the date above, and shall be automatically
renewed for successive one-year periods thereafter unless either party shall give notice of tennination, by the giving of ninety (90)
days' written notice prior to the next almiversary date. Although notice may be given, termination will not be effective until all User
InfOlmation is returned to PRIME Services, Inc. at 6101 Robinson Road, Lockport, New York, at the expense of Member, and
program participation fees shall continue in full force and effect until receipt of same.
6. Warranties. Member understands and acknowledges that PSI, through the Program, is perfonning a service and is not a party to
any purchase and sale of any Product between the Member and any vend~r
Southold Town Senior Services ~~.A4/.,tJ1
Facllrty Aut onzed Signature
750 Pacific Street, P.O. Box B5
Address
Scott A. Russell, Southold Town Supervisor
Title
~~oC
Mattituck, New York
City, State, Zip
11952
Date
PRIME Services, Inc., 6400 Sheridan Drive, Suite 112, Williamsville, NY 14221
1-800-666-3344 . Fax: 716-565-9428
PRI iVI E Services, Inc.
6400 Sheridan Dr., Ste ] 12
Williamsville, NY 14221
Invoice
Invoice No:
Date:
Terms:
Due Date:
0000000849
2/l/2008
Net 30
3/2/2008
Phone:
Fax:
\Vebsitc:
800,666,3344
7 J 6,565,9428
www.primeservicesinc.com
Bill To:
Town of Southold Senior Services
750 Pacific St.
Mattit.uck, NY 11952
Ship To:
Town of South old Senior Services
750 Pacific St.
Mattituck, NY 11952
Quantity Product Number
1 004
Description
Annual Subscription Fee for Purchasing Software
Product Price
Extended Price
$499.00
$499.00
Thank you for your Business!
IfyolJ have any questions, please contact Valerie at (800) 666-3344 ex!, l15,
ALL ACCOUNTS OVER 30 DAYS SUBJECT TO A FINANCE CHARGE OF 2% PER MONTH WHICH IS
EQUIVALENT TO AN ANNUAL PERCENTAGE RATE OF 24%
Please make checks payable to PRIME Services, Inc.
Sub Total: $499.00
Shipping: $0.00
Tax: $0.00
Total: $499.00
Balance Due: $499.00
.m Yh'IME_ServlcC's_lnc To:16312984462
16:36 03/03/08GMT-05 Pg 02-02
!'l-nMf
\
,,,uu"')'
[11<:_..
TO:
,
ADMINISTRATORS & NURSINO DIRECTORS
FROM,
VALERIE IX)NHAIISER
V.I'. MEMBER SERVICES
DATE:
i'vIARCII 4. 2008
SUBJECT:
DISC01 INTED PRICING T\iROUGH VARIOUS SUPPLIERS
As a member of PRIME Services you are entitled to discounted pricing through the
suppliers listed.
SOl1l~ oflhe most popular suppliers in the nursing area are Sammons Preston, Briggs_
Nasco and Arj o. These are some of our strongest contracts with discounts ranging from
70/0 to 301~/().
For each supplier in our program there is a letter of pat1icipation that needs to be signed.
This ensures that you receive the discounts and ifthere is ever a problem where the
pricing is not charged correctly, we can go back on your behalf and get you credits.
You may already be taking advantage of some of these programs and I can send YOlI a
vendor listing specific to your facility to show you which vendors you are cUlTently
using. or if you would like me to send you letters of participation for any ofthe vendors
listed. please feel fiee to call me at 1-800-666-3344, Ext, liS, or email me at
val cri ed((l\ prilll escrvi cesill c .cmn.
Thank vou.
64UO Sheridan Dnve, Suite ll2. \Villiamsville, NY 14221
800-666-3344, Fax 716-565-9428
PRIME Services, Inc.
Letter of Participation
We would like to participate under Agreement # 0132-89
for: Office Supplies
awarded to: Staples Business Advantag
Our facility declares its sole affiliation with PRlME Services, Inc, for this agreement only, effective
immediately, for the purpose of purchasing products and/or services from the above listed
vendor/distributor. We agree that this declaration supersedes all previous declarations regarding the
above indicated vendor/distributor.
Town of South old
Participating Facility
750 Pacific St. ,P.O. Box 85
Address
Scott A. Russell
Name (Please Print)
Contact Person:
. -~&i~Jt:~a.r~n_f'.1cLaughlin, Director of Human Services
,'" ''''k_~,;
kare~~mclau hl'n@town.southold.n .us
E-Mail Address
Mattituck, NY 11952
City, State Zip
Signature
631-298-4460
Telephone Number
SQutpold Town Supervisor
Title
Lf:::...7 - 0'6
631-298-4462
Fax Number
Date
Are you currently purchasing through this company?
Yes , Account #
No
, but please have someone contact me,
Are you affiliated with a Chain/Management Company (please circle one): Yes/No
If 'Yes' then please print name:
Please fax this letter to our PRlME Services, Inc, office at 716-565-9428 to ensure your facility
receives the benefits of the above referenced agreement.
6400 Sheridan Dr., Ste 112. Williamsville, NY 14221 .800-666-3344.716-565-9400. Fax 716-565-9428
www.nrtmeservicesinc.com
PRIME Services, Inc.
LetterofPartic~ation
We would like to participate under Agreement # 2770
for: Paper, Hskping & Dietary Disposables
awarded to: Eastern Bag
Our facility declares its sole affiliation with PRIME Services, Inc. for this agreement only, effective
immediately, for the purpose of purchasing products and/or services from the above listed
vendor/distributor. We agree that this declaration supersedes all previous declarations regarding the
above indicated vendor/distributor.
Town of Southold
Participating Facility
750 Pacific St.
, P.O. Box 85
Scott A. Russell
Name (Please Print)
contact Person:
McLaughlin, Director of Human ServicE
karen.mclaughlin@town.southold.ny.us
E:Z~~./
Signature
Address
Mattituck, NY 11952
City, State Zip
631-298-4460
Telephone Number
Southold Town Supervisor
Title
631-298-4462
If- 1 ~OO
Date
Fax Number
Are you currently purchasing through this company?
Yes , Account #
No
, but please have someone contact me.
Are you affiliated with a ChainlManagement Company (please circle one): Yes/No
If 'Yes' then please print name:
Please fax this letter to our PRIME Services, Inc. office at 716-565-9428 to ensure your facility
receives the benefits of the above referenced agreement.
6400 Sheridan Dr., Ste 112. Williamsville, NY 14221 .800-666-3344.716-565-9400. Fax 716-565-9428
www.orimeservicesinc.com
PRIME Services, Inc.
Letter of Participation
We would like to participate under Agreement # 0085-89
for: Bakery
awarded to: Stroehmann Bakeries, Inc*
Our facility declares its sole affiliation with PRIME Services, Inc. for this agreement only, effective
immediately, for the purpose of purchasing products and/or services from the above listed
vendor/distributor. We agree that this declaration supersedes all previous declarations regarding the
above indicated vendor/distributor.
Town of Southold Senior Services
Participating Facility
Scott A. Russell
750 Pacitic St.
, P.O. Box 85
Name (Please Print)
Contact Person:
Karen McLaughlin, Director of Human Services
karen.mclaughlin@town.southold.ny.us
E-Mail;2: Address
. _ ~-fd/(
Slgnatur
Address
Mattituck, NY 11952
City, State Zip
631-298-4460
Telephone Number
Southold Town Supervisor
Title
63 I -298-4462
y-~{--nn
Date
Fax Number
Are you currently purchasing through this company?
Yes , Account #
No
, but pleasc have someone contact me.
Are you affiliated with a Chain/Management Company (please circle one): Yes/No
If'Yes' then please print name:
Please fax this letter to our PRIME Services, Inc. office at 716-565-9428 to ensure your facility
receives the benefits of the above referenced agreement.
6400 Sheridan Dr., Ste 112. Williamsville, NY 14221 .800-666-3344.716-565-9400. Fax 716-565-9428
www.orimeservicesinc.com
PRIME Services, Inc.
Letter of Participation
We would like to participate under Agreement # 2009
for: Groceries
awarded to: Savory Foods Corp.
Our facility declares its sole affiliation with PRIME Services, Inc. for this agreement only, effective
immediately, for the purpose of purchasing products and/or services from the above listed
vendor/distributor. We agree that this declaration supersedes all previous declarations regarding the
above indicated vendor/distributor.
Town of Southold Senior Services
Participating Facility
750 Pacific St. ,P.O. Box 85
Address
Scott A. Russell
Name (Please Print)
Contact Person:
Ka~en McLaughlin, Director of Human Services
karen.mclaughlin@town.Southold.ny.us
E-M,il Ad"'/3T
~/Mp-J
Signa e
Mattituck, NY 11952 it
City, State Zip
631-298-4460
Southold Town Supervisor
Title
Telephone Number
631-298-4462
4~l-q
Fax Number
Date
Are you currently purchasing through this company?
Yes ,J' Account # yo 370
No
, but please have someone contact me.
Are you affiliated with a Chain/Management Company (please circle one): Yes/No
If 'Yes' then please print name:
Please fax this letter to our PRIME Services, Inc. office at 716-565-9428 to ensure your facility
receives the benefits of the above referenced agreement.
6400 Sheridan Dr., Ste 112. Williamsville, NY 14221 .800-666-3344.716-565-9400. Fax 716-565-9428
www.primeservicesinc.com
PRIME Services, Inc.
Letter of Participation
We would like to participate under Agreement # 0015-89E
for: Ice Cream
awarded to: Hershey Creamery
Our facility declares its sole affiliation with PRlME Services, Inc. for this agreement only, effective
immediately, for the purpose of purchasing products and/or services from the above listed
vendor/distributor. We agree that this declaration supersedcs all prcvious declarations regarding the
above indicated vendor/distributor.
Town of Southold Senior Services
Participating Facility
Scott A. Russell
750 Pacific St. 85
, P.O. Box
Name (Please Print)
Contact Person:
~~ren McLaughlin, Director of Human Services
karen.mclaughlin town.southold.n .us
E-Mail Address
Address
Mattituck, NY 11952
City, State Zip
}/,>,
'1f~r
."X..:'.)-
Signature
631-298-4460
Tclcphone Numbcr
Southold Town Supervisor
Title
631-298-4462
Lf~ '1-00'
Fax Number
Date
Are you currently purchasing through this company?
Yes , Account #
No
, but please have someone contact me.
Are you affiliated with a Chain/Management Company (please circle one): Yes/No
If 'Yes' then please print name:
Please fax this letter to our PRlME Services, Inc. office at 716-565-9428 to ensure your facility
rcceives the benefits of the above referenced agreement.
6400 Sheridan Dr., Ste 112. WilliamsviIle, NY 14221 .800-666-3344.716-565-9400. Fax 716-565-9428
www.nrimeservicesinc.com
PRIME Services, Inc.
Letter of Participation
We would like to participate under Agreement # 2486
for: Groceries
awarded to: Kings Foodservice, Inc.
Our facility declares its sole affiliation with PRIME Services, Inc. for this agreement only, effective
immediately, for the purpose of purchasing products and/or services from the above listed
vendor/distributor. We agree that this declaration supersedes all previous declarations regarding the
above indicated vendor/distributor.
Town of Southold Senior Services
Participating Facility
Scott A. Russell
750 Pacific St.
Address
, P.O. Box 85
Name (Please Print)
Contact Person:
Karen McLaughlin, Director of Human Services
karen.mclaughlin@town.southold.ny.us
E_M'il~
~".tPI
Signature
Mattituck, NY 11952
City, State Zip
631-298-4460
Telephone Number
Southold Town Supervisor
Title
631-298-4462
-::c-cf-l-0 t
Date
Fax Number
Are you currently purchasing through this company?
Yes , Account #
No
, but please have someone contact me.
Are you affiliated with a Chain/Management Company (please circle one): Yes/No
If 'Yes' then please print name:
Please fax this letter to our PRIME Services, Inc. office at 716-565-9428 to ensure your facility
receives the benefits of the above referenced agreement.
6400 Sheridan Dr., Ste 112. Williamsville, NY 14221 .800-666-3344.716-565-9400. Fax 716-565-9428
www.primeservicesinc.com
Group Purchasing Services
The cornerstone of PRIME Services is our Group Purchasing Program. This program offers a broad
range of products and services with significant cost savings to our members.
eSA VINGS on brand name products and services that are purchased everyday.
eCONVENIENCE: You continue to order direct to the suppliers and they ship the products to you.
e PRICE PROTECTION on the products and services YOll purchase. You do not have to constantly
monitor the invoices.
eAGREEMENTS with many local and nationally recognized suppliers, some that you may already
be using.
eFREE MEMBERSHIP: Join PRIME's Group Purchasing Program today without cost or
obligation.
eFREE COST SAVINGS ANALYSIS: We will evaluate the prices you are paying and provide
you with recommendations on ways to reduce costs.
ePRLVlE Services works with over 2000 long-term care Facilities to bring better purchasing power to
you.
ePrograms exist for all departments;
-Foodservice
-Housekeeping
-Nursing
-Administrati ve
-Maintenance
-Laundry
-Pharmacy
eAgreements are available with well known reputable vendors for;
-Groceries, Dairy, Meat, Produce & Bakery
-Paper & Plastics
-Nutritional Supplements
-Medical & Rehab Supplies
-Office Supplies
-Maintenance Supplies
-Linens
-Soaps & Chemicals
-Equipment
-Pharmaceuticals
=rr f-JF~IME::_Services_fnc To:16312984462
16:17 03/03/08GMT -05 Pg 02-08
PRIME SCI'viccs, IIIL
Alphabetical Listing of Vendors
Regions 01 - 30, 32 - 41, 49 - 80, 99
Vendor'
Agreement
3M He<llth Care-MedAssets
AACE Mobility
AA.F Int'I-MedAsscts
Abbott Labs Phann-MAssts
L\.cme Papel'-Nehvork
ADP ScreeJllllg
Airgas,Inc.-!vlecl4..ssets
Aladdin TeIllp~Me-dAssets
AIiMed Inc.
American Health Care Sply
Angelica Textile Services
APP!
Aljo.lnc
Altrom.ick Int'I-MedAssets
Attends Health Prod-MedAs (New Ag.'eement)
Autocrat, Inc.
B. BratUl Medical-MedAsset
Balford Fanus
Baron Intemational
Bed Check - MedAssets (New Agreement)
Bernard [oDd Industries
Boulevard Produce
Brame Specialty Co., Inc.
Briggs Corporation
BrigiottRs Produce
Buffalo Phannacies
B.lllZlfSOFCO New York
C K Bald- MedAssets
Calderon Textiles, Inc.
Calico Industries, Inc.
Calip Dairies, Inc.
Cardmal Health Nucl-MedA
Carrier Corp-MedAssets
CeRx: of New York
Centimark Corp-MedAssets
Central Papcr-Netv/Ork
Chem Rx
Cintas, Inc.-MedAssets
Ch'elli Foods (New Agreement)
Clark Products-Netv.'ork
Coleman Dairy-GPA
Colin Medical-MedA.ssets
Colonial B1Isiness Systems
Coloplast Corp-MedAssets
ConvaTec-MedAssets
Copesall
Electrodes/Tapes/Drapes, etc
\Vheelchair Parts
Air Fllten
Pharmacy
Paper, Hskping & Dietary Disposable~
Employee Background Screening
Medical, Industrial, and Specialty Cylinder and
Meal DelivelY Systems <Ind Components
Physical Therapy & Rehabilitahon
American Health Care Suppl.ies
Launchy Services
Energy Procurement !-Uld Utility Audit Services
\Vhirlpool Tubs, Lifts, Sling,
Pharmacy Furniture
Attends
Coffee
Infusion SystenlS
Milk & DailY
VelY Fresh Juice
Fall Monitors and Sensormats
Dietetic & Specialty Food,
Produce & Mea~
Paper. Hskpmg & Dietary
Medical Record Forms & Supplies.
Produce
Phaollacy Services
Paper. Housekeeping & Dietary
Urological Products.
Linens & Textiles
DietalY Smallwal.es & Capital EqUIpment
Ice Cream
Medical Supplies
HVAC Equipment & Selvice
Pharmacy
Roof Systems
Paper, Plastics & Janitorial
Phatmacy Products & Services.
Image and Washable Apparel
Groceries
Paper, Hskping & DietalY Disposable,
Milk & Dairy/lee Cream
Non-Invasive Blood Pressme
Prillting/ComputerlToner & Furniture
Wound and Skin Care
\V ol1ud & Skin Care Products
Pest Management Programs
Monday, MaTch 03, 2008
www.nllmeselvlceSlllc.com
Page I 01'7
-fTl PF<IME Services Inc To:16312984462
16:17 03/03/08GMT-05 Pg 03-08
PRIME SCI'viccs, Inc.
Alphabetical Listing of Vendors
Regions 01 - 30, 32 - 41, 49 - 80, 99
Vendor'
Agreement
COlJ10rate Express Juice
Corpornte Express-MedA~se
Costanzo's Belkery
CreelmNO-Land Dairies, LLC
Cre<lm-O-Land Daily
Crest Healthcare-MedAsset
Crowley Foods - Albany
Crowley Fooas - Billg.
Crowley Foods - Newhurgh
Crowley F(}()ds - Platt,,>
Crowley Foods - Syracuse
Cmtze
Dade Behrillg-Netv.rork
Di'lydots, Inc.
Dell Marketing-MedAssets
Dennis Paper-Network
Denna Sciencet>-MedAssets
Dicarlo Distributors
Dlre.ci Supply, Inc.
Dover Foods(Am'n QuaJity)
Duhin Paper-Netv,rork
Duron Paints & \Vallcover
Eastern Bag
Ecolab
Ecolab ruc Prof.Me(lA..ssets
Ecolab Pest Elilll-MedAsset
Ell" Coffee Company
Energy Curtailment Spec
F. Gaviua & Sons
Federal Express-MedAssets
First ChoJce Medical-OPA
First HealthCare-MedAsset
Fllst Quality P,ooucts
Foley DisL-Network
Freihofer-Weston Baking
GA Pacific-MedAssets
G<lge Foods
GEMiller
George. 1. Howe Company
Ginsberg1s Foods
ON,Inc.
Global Health Prooucts
GOJO Ind. -MedAssets
Grainger-MedAssets
Graybar Electric-MedA.sset
HI'. Hood Inc.
Very Fresh JUice
Office Sl\ppli.e~
Rolls, Frozen and Fresh
Milk & DailY
Milk & DailY
Nurse Call System5
Milk & DailY
Milk & DailY
Milk & DailY
Milk & Dairy
Milk & DailY
Meats, PoullIy, & Seafood
Papel, Hskping & Dietary Disposables
F God Safety Product:-:.
Optiplex Desk-tops, Latitude Notebooks, Pre.cisioll
Paper, Hskpillg & Dietmy Disposable:)
Personal Hygiene Prod\lct~
Groceries & Smallwares
Equipment & Supplies For AU Departments
Dietetic & Specialty Food:;
Paper, Hskping & DietillY Disposable:)
Paints & Wallcovering:;
Papel, Hskping & Dietary Disposables
Soaps & Chemicals
Soaps & Chemical5
Pest Elilrunatioll
Coffee
Energy CUl1aihnent
Coffee
Outbound Freight Services
Medical Supplies Distributor
Patient Chat1ing System
Adult Disposable Incontinence
Paper, Hskping & DietalY Disposable::.
BakelY
Food Selvice Paper Products
Sugar Free Dessert Items
Physical Medicine & Rehab Equipment
Coffee
Groceries
Vaccines & Biologicals
Medical Supplies
Hand Sanitizers
Grainger Mfr Items and Safety ltenLs
MaintemuR'-e Supplies/Lighting
Milk & Dairy
Monday, Mar'ch 03, 2008
www.mi.meselvicesiuc.com
Page 2 on
:m PRIME_SerYlces_fnc To:16312984462
16:17 03/03/08GMT-05 Pg 05-08
PRIME SCI'viccs, Inc.
Alphabetical Listing of Vendors
Regions 01 - 30, 32 - 41, 49 - 80, 99
Vendor
Agreement
Irish Carboruc Company
Jack & Jill Ice Cream
18cobstein Food Service
Johnson Controls-MedAsset
Johnson Diversey
Jolmston Paper-Netv.'olk
Kahn Paper-Network
KCI USA-MedAssets
Kelsall, Inc.-Network
KimhaJI-MedAssets
Kimberly Clark COlp-MedA
KI-MedA,sets
Kings Foodselvice, Inc.
Kodiak Systems
Koffee Kup BakelY
Lepage Bakeries
Lyons Magnus-OPA
'vi R S Baking
.\1ansfield Paper-Network
.\1aplevale Fanl1s, Inc.
'vICCullagh, Inc
.\1cShalle Ent.elpr~Netv,..'ork
:\1eadow Brook Hairy (New Agreement)
Y1edegen Medical-MedAssets
Y1edline
'vIedline-GP A
'vIeyer Supply-GPA
>Jasco
>Jellcor Pnritan-MedAssets
>J" etv,'Ork Selvices Company
>J"ovaItis Nutrition-Food
~ovrotis Nutrition-GPA
)(ovroti5 Nutrition-NutI'.
Office Max-MedAssets
Orkin-MedA~sets
Otis Elevat.or Company
Otis-MedAssets
Paper Entelprises-Network
I'aper Pak-MedAssets
Paper Products-Network
Paul deLima Co., Inc.
Paychex - MedAssets
Penn Jersey Paper-Network
Perkuls~-Netwnrk
PerkulS NY-Network
PelTYs Ice Cream
VelY Fresh Juice
Ice Cream
C'n'ocenes
Total Building Ellviromoellt
Soaps & Chelnical~
Paper, Hskpillg & Dietary Supplies
Paper, Hskping & Dietmy Disposables
Vacuum Assisted Closures
Paper, Hskpillg & Dietary Dispoable5.
Office Fmniture, He.althcare Beds, etc
Gloves, Ice Bags, and Closed Suction
Fumiture
Groceries.
IT SulutlOll5
Bakel}
Bakery Products
Juice/Nutritional
Baking
Paper, Hskpiug & Dietmy Disposables
Groceries
Coffee, Tea, Etc
Paper, Hskping & Dietmy Disposables
Dairy Producbi
Patient Utensils
Medical Supplies
Medical Supplies
JanitOl'ial Supplies
Activity Supplies & Resourceb
Pulse Oximeters & Sensors
Paper, Hskping & Diehuy
Food Service Items.
NUbitional Supplement:'.
Nutritional Supplements
Pest Control
Elevator Maintenance
Elevator Maintenance
Paper, Hskping & Dietary DIsposables
Attend.;.
Paper, Hskping & Dietmy Disposables
Coffee
Payroll Services
Paper, Hskping & Dietmy Disposables
Paper & Cliemical;
Paper, Hskping & Diet;uy
Ice Cream
Monday, March 03, 2008
www.mimeselvicesiuc.com
Page 4 on
=m, PRIME_Services_lnc To: 16312984462
16:17 03f03f08GMT-05 Pg 06-08
PRIME Senices, lne.
Alphabetical Listing of V cndors
Regions 01 - 30, 32 - 41, 49 - 80, 99
Vendor
Agr'eemcnt
Pet Dairies, lue
PETRO ConllneKial Services
Phoenix Textile
Phoenix Textile-(l-PA
Piedmont Nat'I-Nernrork
Plumbmaster-MedAssets
}loHock Paper-Network
Posey Company, J.T
Praxall"-MedAssets
PRIME Services, Inc.
Professional Disp-MAssets
Quaker City-NetvlOrk
Quandt's Foodservice
R D Plastics~MedAssets
R.D. Wilson-Network
Regionalllistributors (New Agr'eement)
Rentokil North America (New Agreement)
Renzi Foodservice
Ricoh-MedAssets
Ross LaboratOlies-GP A
Ross Labs-80% COIlllnit #085
Ross L1bs-DMEmME #084
Ross Ltbs-LTC Limited#087
Ross Ltbs-L TC Natl #086
Royal Cup Dine Mor
Royal Cup Dine MOl
RTTemps&RNT emps-MedAssets
S Freedm<lI1 & SOils-Network
S&D Coffee-GPA
Sage Products-MedAssets
Sallllnons Preston, Inc.
Sanofi A ventis Phann- MedA
Sara Lee/Superior Coffee
Sara Lee/Superior Coffee
Sara Lee/Superior Coftee
Semi Lee/Superior Coffee
Sara Lee/Superior Coffee
Sara Lee/Supelior Coffee
Sara Lee/Superior Coffee
SavOlY Foods Corp.
Sea Breeze
Sepracor-~edJ\ssets
Seton Name Plate Company
Sexauer. J.A.
Shaw Ind-MedAssets
Shelvliu-Willimlls Company
Milk & Dail)
Fuel Oil
Lmens, Textiles, e.tc
Liuen5
Paper, Hskping & Dietary Disposable~
Plumbing & Maintenance Supplie5
Paper, Hskping & Dietaty Disposables
Restraints
Medical Gases, Cylinder & Bulk
Dietary aud Purchasing Softv.'are, Consultiug Svcs
Paper, Hskping & Dietroy Drsposables
Grocerie5
Medical Packag)llg/Ziploc Bag5
Paper, Hskping & Dietary Disposable5
Paper Products & Janitorial Supplies
Pest Control
Groceries
Copiers, Fax, Dictation Eqwpment
NutIitioual Supplements
Nutritional Supplements
NutIitional Supplement5
Nutritional Supplements
Nutritional Supplements
Coffee
Coffee
Temporary Nurse Services
Paper, Hskping & Dietmy Disposables
Coffee
Patient Care Products, Swabs, Cleansing
Physical Therapy & Rehabilitation
Phalmacellticals
CoHee, I ea and Accessorie~
Coffee, Tea and Acces$(1fie~
Coffee, Tea and Accessmie~
Coffee, Tea and Accessorie~
Coffee, Tea and Accessories
Coffee, Tea and Accessories
Coffee, Tea and Accessories
Groceries
Juices
Identification Pmdllcts
Maintenance Repau: and OperatlollS
Paint & Paint Supplies
Monday, Mm'ch 03, 2008
wwv.r. DnmeselvlceSlllc.com
Page 5 01'7
:n- PRIME Services Inc To:16312984462
1617 03/03/08G MT -05 Pg 07-08
PRIME Scniccs, IIIe.
Alphabetical Listing of Vendors
Regions 01 - 30, 32 - 41, 49 - 80, 99
Vendor
Agreement
ShreJ-1t
SiulplexCnlnnell- MedAsst'ts
Smith & Nephew-MedAssets
Smiths MedIcal ASD-MedAst
SOFCO-DejJew
SOFCO-Scotia
Soutlleastem Paper-Networ
SpriutJNextel- Medassets
St. Clair Foods - GP A
Stanley Seclll"ity Solution
Staples Busiuess Advantag
SteeIcase, Inc. -Medassets
STEJUS COll'-MedAssets
Strate \Vehling Supply
StroehU1r1.ll11 - Bensalem
Stroehlll<'um - Buffalo
Stroehmann - Elmira
Stroehmann - Hopwood
Stroelullium - Middletovwll
Stroehmann - N. Hazelton
StroehuuUlIl - Nonistowll
Stroehmann - Glean
StroehUlc11111 - Punxsutawney
Stroehmanll - Rochester
Stroehm.ann - Sayre
Stroehmall11 - Syracuse
Stroehll1anll - \Villiamsport
SUuehmmlll Bakeries, lnc*"
Sttykel'-MedAssets
SlUulse Beverage
Sunrise Medical-Me.dA~sets
Supply America-MedAssets
SYSCO Food Services
Sysco Foods-A.rkansas-GP A
SYSCO Hardins-GP A
SYSCO-Albany
SYSCO-COlvorate
SYSCO-Jamesto~ln
SYSCO-JamestowlI-Ross
SYSCO-Metro
SYSCO-New England
SYSCO-Oklahoma
r echllical Gas Products
Tennant Company-MedAssets
TimeMed Labehng-MedAsset
Triad MedicaI-MedA'>Sets
Shredding Service~
Nurse Call/T decommunicatiom.
Advanced \V OlUld Care
Paper, Housekeeping, & Dietary
Paper, Housekeeping, & Dietary
Paper, Hskping & Dietmy Disposables
Phone Service
Prepared salads, dressings. frozen side item~
FaU Prevention Monitors
Office Supplies
Fumiture
Infection Pl'e,'ention & Skin Care
Medical Cylinder Gases
Bakery
BakelY
BakelY
BakelY
BakelY
BakelY
BakelY
BakelY
BakelY
Bakel)"
BakelY
Bakery
BakelY
Bakery
Beds, Fumiture, Stretchers.
Vety Fres.h Juice
Canes, Positiona's, Walken;, Wheelchairs,
Foodselvice Equipment
Groceries
C'rroceries.
Groceries
Groceries
Cuoceries
GrocerieslJ\.1.edical Supplies.
Groceries
Groceries
Groceries
Groceries
Oxygen & Respiratory Se1vices
Floor Maintenance Equipment
Pressure Sensitive Tapes & Labels
Antiseptics, SClUbs, Wipes & Patient Care
Monday, March 03, 2008
www.pnmeselvlceSlUc.com
Page 6 of!
-m t-'t<lrtlt:_~erYICeS_lnc 10: 'I b,s-j L~t!Ll4bL
16:17 03J03/08GMT~05 Pg DB-DB
PRIME Services, Inc.
Alphabetical Listing of Vendors
Regions 01 - 30, 32 - 41, 49 - 80, 99
Vendol'
Agl'ccrnent
T)-'eo Healthcare-MedAssds
United Research L.ab-MedA
Upstate FanHs - Buffalo
Upstate FanHs - Jamestown
Upstate Fal1IlS - Rochestel
Upstate FanHs - Syracuse
US Foods-Albany
US Foods-Cohul1bia/Lex
US Foodservice-Allentown
US Foodservice-Altoolla
US Foodselvice-Boca Raton
US Foodservlce-Boston
US Foodservice-Buffalo
US FOOlbervice-Carolinas
US Foodservice-Colorado
US Foodservice-Dallas
US Foodservice-Hartford
US Foodservice-Illinois
US Foodservice-Metro
US Foodservice-Phil.
US Foods-Greensburg
US Foods-Lakeland
US Foods-MIll)"land
US Foods-Onnond Beach
US Foods-Raleigh
US Foods-Tampa
US Foods-Virginia
Vago Co., Inc.
Mute Coffee Coq).
Zimo\v:=,;ki Food Spe.cialties
Wound Care, Speciman Collection, etc.
Generic Phannaceuticab
MIlk & Dail'i
Milk & Dall)"
Milk & Dall)"
Milk & DailY
GROCERJES
Grocerie~
Groceries
Groceries
Groceries
Groceries
Groceries
Gn.:x:elies
C'rroceries
GrocerieE.
Groceries
Groceries
Groceries
Groceries
Gl:oceries
Groceries
Groceries
Groceries
Groceries
Groceries
Coffee, Tea and Accessories
Coffee
Groceries
Monday, March 03,2008
. .
www.tllUneselvlcesmC.com
Page 7 of7
Opinion 2004-9
/1 iW(lI/lJlE7llj'A "
Page 1 of3
Opinion 2004 - 9
..._-----~._----------_..~----_.~
This opinion represents the views of the Office of the State
Comptroller at the time it was rendered. The opinion may no
longer represent those views if, among other things, there have
been subsequent court cases or statutory amendments that
bear on the issues discussed in the opinion.
<I
1~
~.
PUBLIC CONTRACTS -- Contracts Not Requiring Bidding (purchases for
municipal hospitals and nutrition programs pursuant to agreements
under Public Health Law)
GENERAL MUNICIPAL LAW 9103(8); PUBLIC HEALTH LAW 92803-a:
Purchases by a county on behalf of a "municipal hospital" or for a county
nutrition program that receives federal, state or local government
funding may be made pursuant to joint agreements under Public Health
Law 92803-a under the exception to competitive bidding in section 103
(8) of the General Municipal Law. 1991 Opns St Comp No. 91-17, p 59 is
superseded to the extent inconsistent.
You ask whether purchases on behalf of county agencies, other than
those that operate "municipal hospitals", may be made pursuant to the
exception to competitive bidding requirements under General Municipal
Law 9103(8).
Section 2803-a of the Public Health Law, in pertinent part, authorizes
"hospitals", under rules and regulations promulgated by the State
Hospital Review and Planning Council (see 10[e] NYCRR 400.4), to enter
into contracts and make arrangements among themselves and among
"nutrition programs that receive federal, state, or local government
funding" for the joint purchase of goods, supplies and services. General
Municipal Law 9103(8) provides an exception to the competitive bidding
requirements of subdivision one of section 103, "[w]here municipal
hospitals or nutrition programs that receive federal, state, or local
funding purchase goods, supplies and services under joint contracts and
arrangements entered into pursuant to" Public Health Law 92803-a.
Prior to 1998, the exception in General Municipal Law 9103(8) applied
only to purchases by "municipal hospitals". In the absence of a definition
of "hospitals" in section 103(8), we expressed the opinion that the
definition of "hospital" in Public Health Law 92801(1) would apply (1990
Opns St Comp No. 90-18, p 41; 1989 Opns St Comp No. 89-2 p 6). In
1991 Opns St Comp No. 91-17, p 59, we concluded that, because
section 103(8) was then limited by its express terms to "municipal
hospital", local governments could not make purchases for any other
function under the section 103(8) exception to competitive bidding
requirements.
In 1992, the above-quoted language in Public Health Law 92803-a,
authorizing "nutrition programs that receive federal, state or local
government funding" to enter into joint contracts or arrangements under
that section, was added (L 1992, ch 732). A corresponding amendment
was made in 1998 to subdivision 8 of section 103, to include within the
http://www.osc.state.ny.us/legaI/2004/op2004-9.htm
3/14/2008
Opinion 2004-9
competitive bidding exception in that provision, purchases of goods,
suppiies and services for "nutrition programs that receive federal, state,
or local funding", under joint contracts and arrangements entered into
pursuant to Public Health Law 92S03-a (L 1995, ch 622). Therefore,
purchases by political subdivisions for both "municipal hospitals" and
"nutrition programs that receive federal, state or local government
funding", that are made under joint contracts and arrangements entered
into pursuant to Public Health Law 92803-a, are exempt from the
competitive bidding requirements of General Municipal Law 9103(1).
The term "nutrition program" is not defined for purposes of Public Health
Law 92803-a or General Municipal Law 9103(S). The legislative histories
of the 1992 amendment to Public Health Law 92803-a and the 1998
amendment to General Municipal Law 9103(8) indicate that those
amendments were intended primarily to permit local governments that
were providing preventative health services for senior citizens through
nutrition programs, such as congregate and home delivered meal
programs, to participate in the joint purchase arrangements (see New
York State Senate and Assembly Memoranda in Support of 5.7631-
NA.10572-A of 1992; Memorandum of the New York State Office For
the Aging to Counsel to the Governor, Re: S.7631-NA.10572-A, June
25, 1992; Memorandum from Senator Larkin to the Governor, Re:
5.5390, July 10, 1998).
Nonetheless, although the primary purpose of the amendments was to
allow use of the joint purchase authority for nutrition programs aimed at
senior citizens, there is nothing on the face of the amendments or in the
legislative histories indicating that purchases for other analogous
nutrition programs, aimed at providing preventative health services for
other than senior citizens, would be precluded from falling within the
scope of the amendments (see, e.g., Sponsor's Memorandum in Support
of S. 5390 of 1998, Budget Report on S. 5390 of 1998, Memorandum to
the Governor from the Office of the State Comptroller on S. 5390, July
10, 1998, all generically referring to municipal nutrition programs).
Thus, it is our opinion that procurements of goods, supplies and services
under joint contracts and arrangements pursuant to section 2803-a of
the Public Health Law for any duly established municipal nutrition
program, whether for senior citizens or others, fall within the bidding
exception of General Municipal Law 9103(8). Each proposed
procurement would have to be examined on a case-by-case basis to
determine whether it is in furtherance of such a legitimate nutrition
program.
Accordingly, purchases by a county on behalf of a "municipal hospital"
for a county nutrition program that receives federal, state or local
g ernment funding may be made pursuant to joint agreements under
Public Health Law 92S03-a under the exception to competitive bidding in
section 103(8) of the General Municipal Law.;L 1991 Opns St Comp No.
91-17, p 59, is superseded to the extent inconsistent with the above.
October 7, 2004
Timothy J. Holt, Sr., Director
Rensselaer County Bureau of Central Services
http://www.osc.state.ny.us/legal/2004/op2004-9.htm
Page 2 0 f 3
3/14/2008
Opinion 2004-9
1 In our Ten-Day Bill Memorandum to the Governor for S. 5390 of 1998,
which was enacted as chapter 622 of the Laws of 1998, we cautioned
that, since prices under these joint contracts and arrangements are not
required to be fixed with the benefit of a competitive bidding process,
local governments should take steps to ensure that the prices are
reasonable before making purchases. We also noted that the local
government should ensure that use of such contracts is consistent with
the local government's procurement policies and procedures adopted
pursuant to General Municipal Law 9104-b. We reiterate those
cautionary notes here.
http://www.osc.state.ny.us/legaV2004/op2004_9.htm
Page 3 of3
1/14/')1\1\5/