HomeMy WebLinkAboutResidential Repair ProgramSouthold Town Board - Letter Board Meeting of July 13, 2010
RESOLUTION 2010-505
ADOPTED
Item # 5.8
DOC ID: 6025
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-505 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 13, 2010:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Amendment of Agreement between the Town of
Southold and the Suffolk County Office for the P,~_in~_ for community services for the
Elderly Residential Repair Program regarding a one year extension for the period April 1,
2010 through March 31, 2011, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNAN'rHOUS]
HOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Generated July 13, 2010 Page 13
21:30 ~31-19~3-E~225 .SUF'F'OLK COUNTY AGTNG PAGE 02/t~2
.. Certification Regarding LobbYing
For Contracts, Grants, Loans and Cooperative Agreements
ancot l~la~ ~,_, Pending b~m ~l ~ *-- ..... en~ ,
loan, or ~, ...... ~1, ;me~ or m~. ~._._~N, and ~e
--~,, ~m~ aha r~l e~e a~or '
· a ~n ~s m~ , . w~ pln~d
m 's . , ~.e~d ~. 8u~m~an ~ ~ · · .
P ~u~rm~ or ' · .... ~n~a
By:
To $ig~ ,'a~Jpli~ati~n
For:.
Name of Gmrdee
RESOLUTION 2010-557
ADOPTED
DOC ID: 6048
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-557 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 27, 2010:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Amendment of Agreement between the Town of
Southold and the Suffolk County Office for the Aging for community services for the
Elderly Residential Repair Program regarding a one year extension for the-period April 1,
2010 through March 31,2011, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Law No. AG006M/0029-11RD
Rev. 6/29/10
Community Services for the Elderly - Residential Repair
IFMS No. SC EXE 10000000605
No. 001-6777-4980-95285-0605
Fourth Amendment
Amendment of Agreement
This is a Fourth Amendment of an Agreement, (Agreement), last dated June 30, 2006, 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 ts duly constituted Office for the Ag ng (Aging), havin
its principal office at the H. Lee Dennison Building - 3rd Floor, 100 Veterans Memorial Highway, Hauppauge~'New g
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 CSE Residential Repair Program
from Apdl 1,2010 through March 31,2011 (the period April 1, 2010 through March 31,2011 being hereinafter called
the "2010/2011 Budget Period") and to add and amend certain contract provisions to comply with current County
Standards, as set forth herein.
Term of Agreement: Shall be April 1,2006 through March 31,2011.
Units of Service: 1,100 Units of Residential Repair Service
Total Cost of Agreement: Shall not exceed $102,000 (of which $20,400 is for the 2010/2011 Budget Period).
Terms and Conditions: Shall be as set forth in Exhibit A-2010/2011, C-2010/2011 and the "Suffolk County
Legislative Requirements Exhibit" revised 11/09, attached.
In Witness Whereof, the parties hereto have executed this Fourth Amendment of Agreement as of the latest date
written below.
Town of Southold
By: ~
Scott A. Russell
Supervisor
Fed. Taxpayer ID #: 11-6001939
Date: ~ ?-[ 0
.~ C.o"~ /;Z . f ,~ gf e,~ / ~/ , hereby cenifies unde,
penalties of perju~ ~at I ~ ~ o~eer of
~t~ ~ ~~atIhaveread~dI~
f~ili~ wi~ ~A5-7 ~Aniele V of~e Suffolk Co~ Code,
~d~at ~/.,/~ ~f~/~ mee~all
req~m~ t~ ~ual~r exc~pfion_~ ~ereu~dcr.
~~~ Date ~-~(~
Sign~re
Approved as to Laoali~:
Christine Malafi
Suffolk County Attorney
Jacqueline Caputi ~ I~ate
Assistant County Attorney
County of S~'~
C" ~[-~ Name: ~Z~'c~/~.,,,~'~"
n r Deputy County Exe. j~utive
Date:
Approved:
Holly S. ~odes-Teague - ~e
Director, Office for the Aging
Re~omm~ed:
,egin~DeTuro - ~/ate,0
Administ~tor
0005858
CSE Residential Repair
2010
Law No. AG006MI0029-11RD
Rev. 6/29110
Community Services for the Elderly - Residential Repair
IFMS No. SC EXE 10000000605
No. 001-6777-4980-95285-0605
Fourth Amendment
Exhibit A-2010/2011
Whereas, the County and Contractor have entered into an Agreement (Law No. AG006M/0029-11R), last
dated June 30, 2006, for a term from Apdl 1,2006 through March 31,2007 with four one-year extensions at
the County's option, for a CSE Residential Repair Program for the elderly at a Total Cost of $20,400; and
Whereas, the County and Contractor have entered into a First Amendment of Agreement (Law No.
AG006M/0029-11PA), extending the term from April 1, 2007 through March 31,2008 (at an additional
cost of $20,400) and increasing the Total Cost of the Agreement to $40,800; and
Whereas, the County and Contractor have entered into a Second Amendment of Agreement (Law No.
AG006M/0029-11RB), extending the term from April 1, 2008 through March 31, 2009 (at an additional
cost of $20,400) and increasing the Total Cost of the Agreement to $61,200; and
Whereas, the County and Contractor have entered into a Third Amendment of Agreement (Law No.
AG006M/0029-11RC), extending the term from April 1, 2009 through March 31,2010 (at an additional
cost of $20,400) and increasing the Total Cost of the Agreement to $81,600; and
Whereas, the parties hereto desire to modify the Agreement to extend the term from April 1, 2010
through March 31,2011 (at an additional cost of $20,400), to increase the Total Cost of the Agreement
to $102,000 and to add and amend certain contract previsions to comply with current County
Standards, as set forth below;
Now, Therefore, in consideration of the covenants, promises and consent herein contained, the parties
hereto agree as follows:
1. Term of Agreement:
The Term of Agreement paragraph on page 1 of the Agreement is amended to read Apdl 1,2006
through March 31,2011 as set forth on page 1 of this Fourth Amendment of Agreement.
2. Payment for Services:
The Total Cost of Agreement $102,000 is comprised as follows:
a. $20,400 for the 2006/2007 contract term;
b. $20,400 for the 2007/2008 Budget Period;
c. $20,400 for the 2008/2009 Budget Period;
d. $20,400 for the 2009/2010 Budget Period;
e, $20,400 for the 2010/2011 Budget Period;
3. Poverty Threshold:
For the 2010/2011 Budget Period, the Poverty Threshold in Exhibit B to the Agreement, the
paragraph entitled "Reporting Requirements, Low Income" is hereby amended to read as follows:
4. Budget:
Size of Family Unit
1
150% of Poverty Threshold
$16,245/year
2 $21,855/year
The Budget annexed hereto as Exhibit C - 2010/2011, including advance payment schedule, if
any, is made part of the Agreement.
The Contractor shall comply with the following added provisions in conformance with current
County Standards.
Page 2
CSE RESIDENTIAL REPAIR
2010
Law No. AG006MI0029-11 RD
Rev. 6/29/10
Community Services for the Elderly - Residential Repair
iFMS No. SC EXE 10000000605
No. 001-6777-4980-95285-0605
Fourth Amendment
Budget Modification
i.) The parties shall use the Contract Budget Modification Request form ("Budget
Modification") for revisions to the Budget and Services not involving an increase to the
total cost of the Contract. The Contractor shall submit to the County the Budget
Modification proposed revisions for either Budget or the Services. Such request must be
made in advance of incurring any expenditure for which the revision is needed.
ii.)
When the County and the Contractor agree as to such revisions, the Contractor shall
execute the Budget Modification form. The Contractor shall return it to the County for
execution.
iii.)
Upon complete execution of the Budget Modification form, the County shall return a copy
to the Contractor. The revision shall not be effective until the Budget Modification is
completely executed.
iv.) The Budget Modification form may be submitted only twice per calendar year and may
only be submitted prior to November 15th' of that year.
Budget and/or Services Revisions
i.) The parties shall use the Contract Budget/Services Revision Approval Form (Budget
/Services Revisions) for revisions to the Budget and Services involving any change to
the total cost of the Contract via resolution of the Legislature or by the County's adopted
annual budget. The Contractor shall submit to the County, proposed revisions for either
Budget or any necessary changes of Services to be provided.
ii.) When the County and the Contractor agree as to such revisions, the Contractor shall
execute the Budget/Services Revisions form. The Contractor shall return it to the
County.
iii,) Upon complete execution of the form by the parties, the County shall return a copy to the
Contractor. The revision shall not be effective until the Budget/Services Revisions is
completely executed.
6. Comptroller's Rules and Regulations
The Contractor shall comply with the "Comptroller's Rules and Regulations for Consultant
Agreements" as promulgated by the County Department of Audit and Control and any
amendments thereto during the Term. The County shall provide the Contractor with a copy of
any amendments to the "Comptroller's Rules and Regulations for Consultant Agreements"
during the Term.
The Contractor shall comply with the following amended provisions in conformance with
current County Standards.
7. Notices and Contact Persons
a. Notices Relating to Payments, Reports, Insurance, Indemnification, or Other
Submissions
Any communication, notice, claim for payment, report, insurance, or other submission
necessary or required to be made regarding the Contract shall be in writing, delivered as
follows, and shall be given to the County or the Contractor, as the case may be, or their
designated representative at the following addresses or at such other address that may
be specified in writing by the parties:
Page 3
CSE RESIDENTIAL REPAIR 2010
Law No. AG006M/O029-11RD
Rev. 6129110
Community Services for the Elderly - Residential Repair
IFMS No. SC EXE 10000000605
No. 001-6777.4980-95285-0605
Fourth Amendment
By Personal Delivery and First Class Mail; or First Class and Certified Mail, Return
Receipt Requested; or by Nationally Recognized Overnight Couder; or Fax Transmittal;
or Email:
County:
Holly S. Rhodes-Teague
Director, Office for the Aging
100 Veterans Memorial Highway
Hauppauge, New York 11788
Emaih a~inq.office~.suffolkcou ntyn¥.qov
Fax No. 631 853-8225
Contractor:
At the address set forth on page one of the Contract, to the attention of the person who
executed the Contract or such other designee as the parties may agree in writing.
Email: karen.mclaughlin@town.southold.ny.us
Fax No. (631) 298-4462
b. Notices Relating to Termination and/or Litigation
(i). In the event the Contractor receives a notice of claim or becomes a party
(plaintiff, petitioner, defendant, respondent, third party complainant, third party
defendant, etc.) to any legal action or proceeding related to the Contract, the
Contractor shall immediately deliver to the County Attorney, at the address set
forth below, copies of all papers filed by or against the Contractor.
(ii). Any communication or notice regarding 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:
By Personal Delivery and First Class Mail; First Class and Certified Mail, Return Receipt
Requested; or by Nationally Recognized Overnight Courier:
County:
Holly S. Rhodes-Teague
Director, Office for the Aging
100 Veterans Memorial Highway
Hauppauge, New York 11788
and to
Christine Malafi, County Attorney,
Suffolk County Department of Law,
H. Lee Dennison Building,
106 Veterans Memorial Highway, Sixth Floor,
Hauppauge, New York 11788
Contractor:
At the address set forth on page one of the Contract, attention to the person who
executed the Contract or such other designee as the parties may agree in writing.
Page 4
CSE RESIDENT[AL R~=PA~R 2010
Law No. AG006M/0029-11RD
Rev. 6129/10
Community Services for the Elderly - Residential Repair
o
10.
IFMS No. SC EXE 10000000605
No. 001-6777-4980-95285-0605
Fourth Amendment
c. Notices shall be deemed to have been duly delivered (i) if mailed, 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; or (iii) if
personally, pursuant to New York Civil Practice Law and Rules Section 311; or (iv) if by
fax or email, upon the transmittal thereof. "Business Day' means any day except a
Saturday, a Sunday, or any day in which commercial banks are required or authorized to
close in Suffolk County, New York.
Each party shall give prompt wdtten notice to the other party of the appointment of
successor(s) to the designated contact person(s) or his or her designated successor(s).
Non Responsible Bidder
The Contractor represents and warrants that it has read and is familiar with the previsions of
Suffolk County Code Chapter 143, Article Il, §§143-5 through 143~9. Upon signing this
Agreement the Contractor certifies that he, she, it, or they have not been convicted of a criminal
offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a
trial or a plea of guilty to an offense covered under the provision of Section 143-5 of the Suffolk
County Code under "Nonresponsible Bidder."
Gratuities
The Contractor represents and warrants that it has not offered or given any gratuity to any
official, employee or agent of Suffolk County or New York State or of any political party, with the
purpose or intent of securing an agreement or securing favorable treatment with respect to the
awarding or amending of an agreement or the making of any determinations with respect to the
performance of an agreement, and that the signer of this Agreement has read and is familiar
with the previsions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk
County Code).
Full Force and Effect
Except as herein amended, all other representations, terms and conditions of said Agreement,
including any and all amendments or budget modifications executed pdor to the date hereof, are
hereby ratified and confirmed to be in full force and effect.
-- End of Text of Exhibit --
Page 5
CSE RESIDENTIAL REPAIR
2010
Suffolk County LeSblntive RequJremants, last revised 11/09
ContFactor's/Vcodor's Public Dbckmure Statement
Unless certified by an officer of thc Contractor os being excmpt from thc requJraniants of sectiun A~-7 of AflJclc V of fits Suffolk
Coun~ Code~ ~he Cunlractm' ~ts nd werrants flint it has filcd w~h ~he C~uller ~e verified ~b~ ~
_~__~e*nant required by Suffolk County AdminJ~lfiVe Code Article V, S~fim A5-7 end .hal! file an update of such ~'mpmpn!
with the Comptroller un o~ bcfom ~he 31st day of January in each yser of tbs Commct's domino. 'fhe ~ acimowled~s
that such filin~ is a nmtefial, cuntractu81 and statutm7 duty and tJmt the failure to file such s~m,'mmt shall cunstitote a material
eddifim to all other legal rems(tics, of fiftean pcrcem (I 5%) of tire amoum of the Contrm:L
Required Form:
Suffolk County Fofln SCF, X 22; entJtJed "ContractoF*s/VandoF's Pubfic Discloanr~ Statcmcot'
Living Wage Law
This CunUuct is subject m thc Livin8 Wqe Law of thc County of Suffol~ Tbs law m:luirce that, unlm spceific exemp(~ns
nppl~, MI employes (os defined) und~ sma'ice cun~lCtS end rccipicots of Coun~ fimmci81 -~'d.fsnce, (m d~fiund) shoJl Movidc
paymem of a minimum wsg~ to ~i'nployece os set foflh in thc Living Wqe Law. S~ch fmc draft be s~ju~ted ~ly pursuant to
thc tunns of the Suffolk Cunnty Living Wqe Law of the Cunnty of Suffolk. Under the provisiuns of the Living Wqe Law, the
County fholl have the anlhority, under 8Oprc~le c~ to termiunt~ Ihs C.~mUant and to scek o~her remMles m m
forth therein, for viohtiom of this Law.
Required Forms:
Suffolk County l. Jvin~ Wqc Form LW-I; entitled "Suffolk County ~.~t of Labor- Livina Wasc Unit Notice of
Application for County Compensation (Contract)"
Suffolk County Living Wsge Form LW-38; mtitled "Suffolk Cmmty Department of Labor- Living Wage Unit Living Wqe
Cer tifimtiun/Dcelerafiun - Subj~t To Audit"
Use of County ReoouFces to Interfere with Collective Bargaining Activities
It shall be the duty of the Contra~r to ~ become familiar ~ and comply with thc requirements of Chapter 466 of the
Suffolk County Code.
County Cunu~tm3 (os defined I~ smion 466*2) shall comply with ~11 requimncots of Clmpter 466 of thc Suffolk County Code,
inchdinS ~h¢ followin~ ~ibifiuns:
No onployer shall use Cun'nty pr0pmy to hold a mce'~ing wi~h ~mploy~s ce supervbors ff ~be purpose of such mcefing
is to shift. ~,.,~c, or deter unico m'snizinL
If thc S~vlces ere i~rforn~d un County properly, the Contrmor must edopt a ~5~mable access qrocmcm, n nuntrality
agreement, fair communication agreement, noo-intimidatJun agreement, and a majority an~hceinfiun cerd agreement.
If the Servi~ am for the Movisiun of human services nd tu~ not to be pefl'ormed un County pmpcr~, *he Contractor must
adopt, -~ ~i~ I~st, s ncuu'ali~ asrmno~
Under the provisions of'C]mpt~ 466, thc County shall have the authority, under 8pp, up,~tc circumstance, m t~minste ~
ConUact and to seek other remedies as set forth ~ for violatiom of this Law.
RequirM Form:
Suffolk County Labor Law Form DOL-LO1; entitled "Suffolk County Depm'tment of Lab~- Labor Mediation Unit Union
O,s, mizin8 Certification/D~ara~on- Subjcct to Audit"
Lawfel Hiring of Employes Law
It shall be the duty of thc Contractor to read, become familiar with, and comply with the requirements of Chapter 234 of thc
Suffolk County Code.
This Contract is subject to the Lawful Hiring of F~mployees Law of the Connty of Suffolk. It provides 0mt ~1 ~ ~1~
(as defined), md the oM~s therenf, as th~ ~ase n~y be, timt ~ m:ipimts ofenmpmmim f~om the ~ ~ ~ ~
certifying that they have compiled, in gond faith, with the nsqu~mnonts of Title 8 of th,~ United Stat~s Code S~:tion 1324a with
and Mmll be made available to (he public upon request.
Section 1324a with nsspect to the hh'ing of a~,orM employeas ond with resp~t to the alion ond ontionai~ ~,~ of ~ ~
th~ as th~ case may be. TI~ of~davit s~tfl be e~,m:uted by m authori~d ~v~ of the onntraol~., p_*_ _~_ ~, m.
comlxsmtton qreemont betweon the cove~ed employer and the Cmmty;, and shall b~ nmdc available to the public upon requtm.
'l'ne C. onlra~or acknowledgas that such filings ar~ a ~ contractual nd statutory duty and that the failure to file any such
statm~nt shall constitme a material br~.h of the Cu~hn~t.
Under the provisiom of the Lawful Hiring of Employees Law, the County shall have thc authority to mmina~ the Conuact for
violations of this Law and ~o seek other retnMies available under Ihe law.
Rmlulred Forms:
Suffolk County Lawful Hiring of Employees Law Form LHE-I; curried "Suffulk County Depaflmont of Labor- Nmice Of
Application To Certify Compliance With Fedend Law (8 U.S.C. SECTION 1324a) With Respect To Lawfol Hiring of
Employe~ '
"Affidavit Of Compliance With The Requirements Of 8 U.S.C. S~tion 1324n With I~ To Lawful Hiring Of Employens"
Form LI-IE-2.
Grata~
It shall b~ th~ duty of the ConUactor to read, become familiar with, and comply with lhe requit~nents of Chapm- 386 of the
Suffolk Coum~ Code.
'l'nc Conmtctoi* ;~,t%~,~ms and wmrents that it has not offcred or given any gratuity to .ny oMcial, employee or agent of the
County or the State o~ of any political party, with the purpose or intmt of securing on qreemmt or s~cm~ng thvo~abl~ txenffnent
with re~pe~t to thc awasdlng or amending of en agreement or ~e mn~ng of any determinatiom with respect to the im. fommnce
of an agreement.
6. ProbibJflun Agains~ Contracting with CorporatJoas +hat Reincorporate Overseas
10,
!1.
It shall be thc duty of the Contxmor to read, become familiar with, end comply with thc ~quirmeflts of sections A4-13 and
14 of Arficin IV of the Suffolk County Code.
The Cofltract~ repruents that it is in compliance with sccfiom A4-13 and A4-i4 of Arficin IV of thc Suffolk Coun~ Code.
Sunh Inw provides that no cuntruct for consu#in~ servince or gunds und services shall be awarded by the County to a business
previously incorporated within the U.S.A. thai has rehc~ outside the U.S.A.
ChiM Sexual Abuse RepoFflng Policy
It shall bg th~ duty of the Contract~ to read, become familinr with, nd comply with the requhununts of Aflicle IV of Chapter
577 of the Suffolk County Code.
The Contrnctm* *ha!! comply with Articin IV of Chapl~ 577, of the Suffolk County Code, entitled "Child Sexual Abuse
Reportin~ Polic~," as now in effect o~ amended hemdinr m' of any othe~ Suffolk County Local Law that may become applicable
durin~ the tmn of +he Contract with regard to child se~mal abuse repa~ng policy.
Non Responsible BMde~
It shall be the duty of the Contractor to rewi, beunme familinr wi+h, and ~omply with thc requiremeats of A~icle H of Chapter
143 of the Suffolk County Code.
UlXm si?lng the Cumract, the Coatractor ceflifies that it hm not bcen amvinted of a c~ninal offmse within th~ Iset ~n (10)
yce~ The mm "unnvi~on' shll men a finding of guilty af~er a ~rinl o~ a plea of pHty to un offeune unveml under th~
provisiun ofscefion 143-5 of the Suffolk County Code under"Nunrcsponm'bl¢ Bidder."
Use of Funds lu Pro~cu~on of Civil Acflous Prohibited
It shall be Ihe duty of the Cmmm:~or to m~d, become lkmilinr wi+h. amJ comply with the requirements of section 590-3 of Article
IH of Ompter 590 of the Suffolk County Code
in connection ~ the pmsecutiun of my civil ac~un apinst thc County in any jurisdictiun oF shy judicM or Mminislmiv~
forvm.
Work Experience Participation
If the Coauu:t~ is a nonprofit or ~mnnmtal agency or ~'m, ce-'h of the ComractoCs Iocatinm in the County at which
the Servines a~ provided ~tmll be a wodt sito for public-*asintunce cliunts of Suffolk County pumamt to Chagrin. 211 of the
Suffolk County Code at all times dm'in~ the Te~m of the Comracc If no Memorundum of UnderstundM ('*MOU*) with the
Suffolk Cmmty Del~'l~nunt of Labm' for work s~q~ri~ is in et!fe~ nt ll~ be.~i.'nnln~ of lhe T~n of the C~ll~:t. th~
Comm.,cot. if ii is a nonprofit m' {ovemn~ntM ~ ot ismitmiun, shall en~n' into such MOU as soon as pom'ble after the
ex~:miun of the Comra,~ und failuxe to unto. into m' to pm'"onn in __ _ _,__._~_?,Mm~e with sud, MOU slmll be d~nn~d to be a fniinre to
Suffolk County Local Lmqm WebMte AddFses
Soffolk County Local Laws, Rulce und Replatiuns tun be funnd un the Suffolk County website at [illR:/ht~e~.eg,B~tm'lkn~M~
End of Text for Exhibit
: SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING WAGE UNIT
NOTICE OF APPLICABILITY
OF LIVING WAGE LAW
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
To Be Completed By The Living Wage Unit
DATE: March 25, 2010
TO: Mary-Valerie Kempinski, S.C. Dept. of Human Services, Office of the Aging
FROM: ~}~a Rosenberg, Director of Living Wage Compliance Unit
/
TELEPHONE ti: 853-2063
VENDOR ti: 11-6001939
REF.ti: CSE Residential Repair
You are hereby notified that the response from Town of Southold has been evaluated by the Living Wage Unit
of the Suffolk County Department of Labor.
We find:
X The documents submitted with this contract / proposal are complete and conform to the
requirements of the Living Wage Law (Local Law #12-2001). The Awarding Agency may proceed with
the normal and customary procedure for administering contracts.
The documents submitted with this contract / proposal are not complete, or do not conform
to the requirements of the Living Wage Law (Local Law #12-2001).
Employers who fail to submit documents or information required to demonstrate compliance with the
Law shall be deemed non-responsive and subject to disqualification.
If the employer is presently under contract, the contractor shall be deemed non-compliant and the
appeals process shall be made available to said employer (Chapter 347-5 A & B).
LW-13
Suffolk County, New York
Deparimcnt of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the
contraetor's/beneflciary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I,
II1, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, II1 and IV
below. Completed forms mast 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 contract 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 rmimbursement for services provided in any calendar year; or pursuant to a subconUact with
an~, of the above."
Section I
Check if
Applicable
Section II
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 Suffolk County Union Organizing Law (the law) and, as to the goods and/or
services that are the subject of the contract with the County of Suffolk 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.te 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 organm'ng. (Chapter 4663 FI)
I/we further agree that 1/we will not use County property to hold meetings to assist, promote, or
deter union organizing. (Chapter 466-3E)
I/we further agree that if any expenditores 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 expenditures 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, thc County Comptroller, or the County
Department of Law upon request. (Chapter 466-3 I)
I/we further affirm to the following as to the goods and/or services that are the subject oftbe contract with the
County of Suffolk:
· I/we will not express to employees any false or misleading information that is intended to influence the
determination of employee preferences regarding union representation;
· I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
· I/we will not require an employee, individually 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;
· I/we understand my/our obligation to limit disruptions caused by prerecoguitiun labor disputes through the
adoption of nonconfruntational procedures for the resolution of prerecognitiun labor disputes with employees
engaged in the production of goods or the rendering of serviens for the County; and
· I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure
thc efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said
procedures in such certification.
The Union Organizing Law does not apply to this contract for thc following reason(s):
Check if
Applicable
DOL-LO 1 (3/5/08)
Suffolk County, New York
D~'anen! of Labor
Seeflon III
Comractor Name:
Con~ractor Address:
Town of Southold
53095 Main Road/P.O. Box 1179
Conlractor Phone #:
Description of project or service:
Southold, New York 11971
631 298-4460 Contact Name:
Federal Employer ID#: 11-6001939
AmountofAssistance: $ 20,400.
Vendor #:
Karen McLaughlin, Director - senior Services
CSE Residential Repair Program for Seniors
Section IV
In the event any pan of the Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a court of competent
jurisdiction to be preempted by federal and/or state law, figs cen/ficafion/declarat/on shall be void ab initio.
Section V
I declare under p~ty of perjury under the Laws of thc State of New York that the undersigned is authorized to provide this
Authorize'-~ Signatnre Date - /
Scott A. Russell, Southold Town Supervisor
Print Name and Title of Authorized Representative
DOL-LOI (3/5/08)
·, SUFFOLK COUNTY DEPARTMENT OF LABOR
NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW
(8 U.S.C. SECTION 1324A)
WITH RESPECT T.O LA WFUL HIRING OF EMPLOYEES
VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES
Suffolk County Code, Chapter 234 (2006)
To Be Completed By the Local Law Compliance Unit
DATE: March 25, 2010
TO: Mary Valerie Kempinski~ S. C. Office of the Agimt
FROM: ]~_~Rosenbe~
TELEPffONE# 631 853-3808
EMPLOYER: Town of Southold
VENDOR #: 11-6001939
REF. #: CSE Residential Repair
You are hereby notified that the submission from Town of Southold has been received by the
Lawful Hiring of Employees Unit of the Suffolk County Department of Labor. We find that this
submission is complete and is in compliance with the requirements set forth by the Suffolk
County Lawful Hiring of Employees Law (Local Law #52-2006),.
LHE-3
(01/07)
Law No. AG006M/0029-11RD
Rev. 6129110
Community Services for the Elderly - Residential Repair
IFMS No. SC EXE 10000000605
No. 001-6777-4980-95285-0605
Fourth Amendment
Exhibit 6
Budget
Town of Southold
CSE Residential Repair Program
April 1,2010 - March 31, 2011
PERSONNEL
Mechanics I
$18,600
18,600
FRINGE
1,300
OTHER
Gas & Oil
Supplies/Small tools
2,200
1,600
600
TOTAL
$22,100
Less Anticipated Income
(1,700)
NET REIMBURSEMENT
Page 6
CSE RESIDENTIAL REPAIR 2010
COUNTY OF SUFFOLK
OFFICE OF BUDGET AND MANAGEMENT
CONTRACT BUDGET MODIFICATION REQUEST
By:. By:
FOR THE ~rY 0F SUFFOLK
BUDGET IGTOR
Ex~ m M ~h Mxw~ th~ buM modBm~n M na~ be deemed ~o dm~e my mnd~ or
W In the ~Md Agmeme~
UNE
Revbion No:
Dep~ b~nt
Agreement No.
Contrm:t Budget Approv. I Form
Date last executed/amended:
Budget Period to which thl~ revblon appll~:
Identify the items that ere being changed by this
Budget:
Period
Amount of Increase
Amount of decrease
New Budget amount for the period:
Adopting Revialng
COl)klm of lupporUng documentation in ItlichKI al folk)we (check all that apply):
Rm~lutton Budget Other
'l'i~:
Date:
Fiemll Unle
ay:
Name:
Tit~:
Date:
DIv~lon:
By:
Name:
Date:
Contmotoc
By:
Name:
T~Io:
Federal Tax ID
Cou.t~ Executive Budgot Office:
By:.
Name:
Title:
Date:
ContmQ Bud~t AplxoV~ Form ~010
PROCEDURE
disouss a wide ms[is of Iqsin. 'l'n. Annual Nsw Yodt ~lslst ASSOOIBlion of
Couulim CmsAs~ b an mmlnpis ora mmfm
~) A Mmfnl i. d.fln.d u a mm' d~,, mlnlUty ui.duhd w hnlmnlm.
Inlhuinl of pmpi~ for a q][md~ pulmm~ A msdinl of h LqMsllvs
Suboo~ of lira Nmy Yodt SII~ AII~ of C.m~ is In m
ofanNNdnl.
(3) A S'minm' il ddimM u a group of puop~ ammnldinl for Mu~ or
n em me pman ~o mmd, er if IBshLJiI[BIIiIIII wmmt n
2) No udnbu[nmmt will I~ nud~ h. n ov~ la~ in New yndr C~. h
iinind i) thom imtmns in whiddt ii nquhd I~, bindbl iq[d oblilmim.
mudm In'ira' m b ~m~amam dmZ. If n mn~mmmsy msnd m almnd a n
"--"'d fha ddt' in tili~ the q~
4) .~ ~ ~ ~ m~mmaem, ~'~ ~v~, m mmL ma.~RA~
Exntm~ Fn #lO.
Bxml~ Faro #10.
COUNTY OF SUFFO .LK
EXE~ITIVE ORDER NO. 4-2OO4
FROI~
RE:
PIiiIt bi idvlI If/E/Ofdir No. 4-2(X)4, TmviI Voll, b hereby ~K!I.
to mad I follmm:
.1.4. Ei [~] Clef Deputy Co=~ ExemUv~ Id
COUNTY EXECUTIVE OF SUFFOLK COUNTY
ExlcutivI'B Tec~noiow Unit
01~1(~ OF THE (X)UNTY ~
FROU:
RE:
Trawl Vouat~m - Updm~
[ ] Bmokmdmmdddondmd~ng~
EO.1A.~OOS.TiIvd-V~I A
COUNTY OF SUFFOLK
OFFICE OF ~ COUNTY COMPTROLLER
JOSEPH SAWICKi, JB.
DEPARTMENT OF AUDIT AND CONTROL
Comptrobr's Rubs nd Rfgmhtiom
for Consultant's Agreemeut~
Revbed 12/2009
T~BL~ OF CO]~l~rl~
Allowabl~ Claims ........................................................................... 1
Claim Sui~m~ ........................................................................... 2
Sub-Ccmum~ Claims ..................................................................... ~
~ITA
EXIflBIT C
County of Suffolk, Standard Payment Vomher
FORM PV ...................................................... 8
Consultant's Time Summary
FORM A & C 108 ............................................. 9
Consultant's Expens~ Smnnm'y
FORM A & C 10~ ............................................ 10
CountT Executive's Operating Proeedmm, SOP # 1-05. Non-specific
upon a rate per day or pm. hour. ~cordingly, a rate se. hedul~ is an int.'part of
agremnent. Out-of-pocket expenditures am reimbursable if it/n no stip, d.~ in
2
S. ~I~L~ - Conndtnts should submit thek chin~ for rehnbtneme~
through the Count~ ~ or egenc~ responsible ~or the consultnt's
mesignment, usin8 ~ form, m indicmd belo~
voucher form. A copy of the consultsm's payroll register with a cove~
c. CAn~lt~t's ~_~-M. Smnnurv. FORM A~_,~_- 109 ~r~u~ ~- Tb~
Consulumt's Expeme Smnmsr~ should be used M dmil expmses for
documental by a receipted bill, roles slip o~ invoice which totnls the daily
expenditures shown on the fom~ The completed FORM A&C 109 must be
sir{ned by n mhoriz~ ~ of~ ~'l fn~ It should then
6. Om-of-Pocket ExDemes - If tbe~ expensm are ~-hnburmble under the
consultant's qreement, t~ following rules mci guidelines should be comidered
a. Meah - Meals ar~ FeimJ,urmbJe under a consulmm's coulmct only if the
purpo~ of ibc rani is valid, ~mat is, authorizM under ~he conmmt m
Administr~o~ for tl~ New York r~io~. As publbbM in IRS Publication
1542 (rev. October 2009), the 2009 peF dian meal md imidmml rum is
4
$71.00 per diem includin~ tax. Audit mzl Control should be cont~:~d for
allowable nees for future fiscal periods. ~Cn'eudties, et a reasonable end
atl~.omary rlt~ eh~! I bo r~imlxiz~d over lllld abovo tho ~t~o limit).
trev~_~ out of town (ovani~ht) in pafonmmce of tho amuact Wh~
r~ for lod~in~ u ~bli~h~l by th~ U.S. 0~1 S~rvi~
Admlni~liO~ for tl~ N~v Yo~k ~8io~ u published i~ th~
Publie~ion'l f~42 (r~v. Ck~tob~r~ 2009). TI~ 2009 l~r diem r~ for
lodgi~ i~ $130.00 i~udi~my~. Cl~m~ for lod~i~ mmtb~
A~ of hnu~y i, 2009 th~ r~ i~ $.5J p~r mil~ ~d J~lll~l~y 1, 2010
rote is $.50 per mile. The oonsultant must provide ori~ d~ination and
miles lraveled for eaoh trip. Audit and Con~l should be eontaotod for the
allowable me for future fiscal l~iods.
deslimi~ u ~ u th~ pm]x3~ of the trip.
f. Subways md Buses (lomF{ - A cx,~ified sisi~ will 1~ M~qu~
totaling over S25.00 will ~ ~,pi. oftl~ ~l~hon~ ~mlmy bi.,
i. Hi~aai~- In li~ of a sp~ie ~ for pho~e~ ~h~ County
will reimbune at n cost not to ex, ed $.1~ ~ ~, ~ ~. A
Agm~n~t to hi~ a sub-eonUmor, the ComplroHer's Office should I~ suppliM n
copy of the sub-c, onusc~or's agtmn~ Claims will not be pmeesml if ~.y are
mannn'. If lhe sub-eontznc~r's agrennem with the Consultant is a lun~mnn
sisn the following c~ti~ea~n terminolo~:
"The above expemm are true and just and are a result of busimm
conducted in accordance with the terms of the contract with SuffoUr County,
and have not be been previously paid."
Si~nntur~ of AutlKniz~ Pemon
mm
Imm~m~c
CONTRACTOR NAME
ADDRESS
STATEMENT OF OTHER CONTRACTS
Town of Southold Senior Services
750 Pacific Street, P.O. Box 85, Mattituck, New'York 11952
CONTACT Karen McLaughlin, Director PHONE NUMBER 631 298-4460
AGREEMENT
PROGRAM NUMBER *CONTRACT WITH TERM OF AGREEMENT AMOUNT
III-C-1 Congregate No-001-6797-4980 Suffolk County Office for
Nutrition Program 95 284-1792 the Aging 01/01/09 - 12/31/09 $ 74,514.00
III-C-2 Home Delivered No-001-6776-3330 Suffolk County Office for
Meal Program 95 284-1792 the Aging 01/01/09 - 12/31/09 $ 162,822.00
Transportation Assistance No-001-6806 Suffolk County Office for
Program 4980-95285-1389 the Aging 04/01/09 - 3/31/Z0~ $ 4,986.00
CSE Residential Repair No-001-6777-4980 Suffolk County Office for 04/01/09 - 03/31/10 $ 20,400.00
Proaram 95285-0605 the Aging
*Indicate (a) type of organization - County, State, Federal or Other and (b) name of Depail,,,ent, Agency or Organization
3/10
STATEMENT OF OTHER CONTRACTS 05