HomeMy WebLinkAboutStiefel, John RESOLUTION 2018-263
ADOPTED DOC ID. 13930
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-263 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 14, 2018:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to engage John Stiefel, FSA, MAAA, FCCA to provide actuarial
and related professional services to the Town relative to GASB Statement 45 (Post-
Retirement and Other Post-Employment Benefits) for the fiscal year ending December 31,
2017 in an amount not to exceed $6,000, and which shall be a legal charge to the Accounting and
Finance Department's 2018 Actuarial Services budget appropriation (A.1310.4.500.200), all in
accordance with the approval of the Town Attorney.
0�awo?�
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
A?
THIS AGRVI�MENIT made and entereA into this�day of Mwtft,2018,hyan4 between Town
of southold.(heTti.j3at
ler re,(erTed,to as"rown"), a municipal corporation organized.and existing
under and by virtue of the laves of the State of'New York (mailing addrrss:c/o Elizabeth.A.,
Neville,Town Clerk, .P..O,Box 1179,Southjotd, New York 11971495,9)_patty of the first,part,
,md Jahn.t3. StitAej, III, FSA, MSAA. (hereinafter referred to as"Con5u.'Itanr')with an address at
19 Sage Road, Suite I 10, Wethe.r.sfjej,4, C'1'tt5109, party of the second pm
VMNESSETH,That the Town and Consultant, or the consideration named,hereby agr=as
fA)I laws':
I PURP05E.
The To Am hereby retains Consultant, on the terms and conditions set forth hertil M, &er., for the
purpose of calculating all GASB-45 required disclosures and pre-pue report.
2. SPECTIFIC,SERVICE- S.
Within 4 weeks after the execution of this Apvc-m cnt,Consultant shall calculate all GAS DAS
I I Im - un d
requireddise sures aMsummatize thein in drab and final report,asset forth in the date
pmposat fTem Consultant attavhcd hereto as Exhibit.A and made a parthereof The specific
scope of work is desen"bed.in the undated Proposal from Considtant.
3, TM AND ATTENDA-KE. C00flE&ATION BY TH
JUE TOWN,
Consultant Rill perform the service8 describedbercin and aftached.hereto in Rs expoditio'LLs a
manner as is reasonably possible and no latex d,=4 weeks from the date hereof
The Town agrees to cooperate with Consultant, as needled, and to provide Co."uhant with copies
of any records,documents and of information needed for pcdormanoc of this agree=-nt on a
tbuly,basis,The Town further agrees to pmvide Consultant W1.01 mess to appr_oprlatg officials
and/or employees of the Town,as mky be needed in the performance of the agmCMCM,
Moreover,both parties-understwid and a that niutual accountability and responsiveness is
critical to the sucucssfut compiction,of the project, and thcrc.fum both shall always Ust: their best
faith efforts to be accountable and promptly responsive to each other,
4. COMPrNSATIO'K
In.paymcnt for ft�crviccs to bc pcTfunn W licivvadvr by Consultwil,the'l-Own$,hell Tnak-C
payments to ConsLdtarit as follows:
(a) ror the services to be performed by Consultut pursuartt to paragraph, 2 hereof,
the,Town shall pay Coflsultant flurnp sum of S6,000M dollar-s at the comiuslorl of the project
Such vowher shall be due and payable within 4.5 days after rewipt,of such voucher, but such
som ill not be due and payable by he Tolhu until the Town Board of Town has received
such a v&uchee arid has audited and approved far payment the signed vouclier to, be, submitted
by Consultant in corincetion therewith..
The Town.Roaxd shall process any- ,vouc-c's tt(;civcd from Consultant as expeditiously as
possible.
In(hc event that the Town
, disputes or.obj'ects to any portion of any voucher submitted by
Consuttant punuant to this puagraph,the l.own s-Wl, within 30 days of the receipt of such
voucher_,notify Consultant in writitig of such dispute or object
ion Contsultant
acknowledges that Consultant is fami I iar with the s uircm—wnts of section. 118 ofthe Town Law
wl�ch,in.,cffic(prohibit payment or any of Consult `.s claims against the Town utile an
itemized voucher Oeft,(uTu shall have been presented to the Towa Board or.Town Comptrol IeT
and shall have becq audited and allowed by the Town Board oy'Town Comptroller,
UM OF A-GREEMEN]'.
Thisagrft.tnent shall.be for a period of 4 weeks comm-cucing on the date ofthis Agrtement,
providpd,ho-wever,that thisagreem.-cm sball terminate immediately in the event that(a)
Consultant dii0q; tat(b)Consultant incurs a disabil ity which mkcs Consultant unable to perform,
the services which Consdtftntis requi
--red to perform beretwder.
In the ew—nt that Consultant muses orfails to providtthe sCrVI ces r,equired.here andcr Stith
duo diligence,or refiLses;or fail s to comply with applicable starates,lAws,or ordinances,or Is
guilty of a subqtw,11ial
. ,violat
ion of,my,proOsioncif this Vot-inent, the Town shall serol
Con,witant Written.notice that Consultant has 5 days todire said default, and if, at the end of
said 5 day period, Consultant has not cured said defivult,the,Town may then term linate this
agreement on 5 days' phor written notice to Comitatant.
Except wt.prohibitW by law, the Town and Consultant hereby waive trial n
byjury i:rt any
sing out of,or connected with,or relating,to this.Agreement.
6. S&LLJ5-0,17CONSULTANT<(:QNIL,'[(
JS OF INTEREST.
Consultant reprewAts that Consultant has the requisite skills and experience to perforn%the
sen4ces heteunder,
7. !M,.,F-FNDENT CONStI.TANT.,
1—. ST .0,NSULTANT.
ATUS OF C
Consultant and the ToNn agree that in,flie performance of Constiltant's servioes,hvrcundcr,
Consultant is an independent emulumtand shall not be-deemed to be. oi=ployee orageot of
the Town:for any purpose whatsocver, As an i ndependent Consultant.. it will be reipon.sible for
all damage,Im or irn ury to persons or property that may arise in or be i ncurredr during the
conduct and pros of said work, Whother or not the Consultant, its agents,or emplo*
Yee$have
.2-
bccn it4igcmt.The Consultant shall assume all blame, loss W responsibility ofany nature by
reason of neglect or violation of any federal,state, counly or local laws,rcgxdations or
ordiPAnces- - -
8 QQN
N ULTANTIS INSURANCE,
The.Consul Vint shall.nut commence work under this Contract until It has obtai-ned al I insurance
required under this paragraph andsuch insurance has been approved by the Town.
Professional Liability (Errors&Otnis.sioris) Policy it)an amount not less than$1,000,000.00 1p,�;r
each dal m:alld$1,000.000.00 aggregate..
The,Consultant shall furnish the above insuranccs to the Town and shall also n=-r.the Town as
an additional aimed:instized in said policies.
9 INDEMNITY AND AVE HARMLESS AGREEMENT
Tbc-Consulwg agrees to indemnify and save the Town. its officers. agents and mnployces
harint m,%from any I iabi I ity, imposed upon the Town, its office-,ms agots.and/or tm,ployees arising
from the,tw-gligence,OafiVer or passive, of the Contractor and from and against any dmages,
claims.or expenses,including reasonable attorney's fees,arising out of Contractor's breach of
the A ISS1.T 3 gmMent
gre",ent or from Qob. actor's acts or orn -ion' outside.thoscopc of(be-A or
Y thirdp.,tft'Lesagainst Co�ntru-torbyv'lftLeofhis perfi)n,,nanceof
-
this Agreement.
-10-- PROHMMMON AGAINS.1'A2S',%Qj�V, T.
Cub.;�ultantis:hcrebyprobib
it
disposing of this"ement or his right,title or inter�.St in thi3 agreement.
11. COMPLLANCE.WrFH STAT[ rES_
Coosuttao.l a&es that.Consultant vvi.-Il comply Mt—h all statutes, ordinances, local lave, codes,
rules and regulations Which.areDT inay be applicable to Consultant's services,activities and
duties set forth M this Agretment.
12. NOTICES.
Any and all notices wW payments required hereunder shall be addressed as follows, or to suvh
other address as rnayhtreafteT be desip,atcdi In writing by,cithcr pan),hereto;
To Town: Elizabeth A. Noville., RMC.,CMC
'Town Clerk
1'own of'Southotd
FO Box 1.179
Southold,NY 11971-0959
To Consultant, John D. Stiefil I11,FSA, NLA,AA
J'ndepondent .Actuary
19 Sage- Road,Suire- 110
Wethersfield,CT 061Y?
.13. WAIVE
'No waiver of=-y breach of=y,condition of tht A�aMMAAIII be binding unless In wrltln�
and signed,9,v the peaty waiving said breach.No such wailvex shullm— any way affcot any officr
tzrm or condition of tkis Agre em- ent or constitute a cause or excuse-for a repetition of such or,any
other breach unless the waiver shall include the same.
14, A-PPLICA RLIE LAW,
This Agm ment and.the rights and obligations of parties hcreunder shall be coristrucd in
a"ordancewith,and be governed by the nous of the State of New York vAthov t rem gard to TL
conflicts of Laws anA principles. Consultant hereby submits to the j urisdiction of the, (;b*UrLq of
the Stat Of New York- for all.dlsputO(elating to th I$Agreement ai.W.agrees that venue for all
disputes sh,--di be in Suffolk County.
15, -Q QM F -.AQ&tre
This Agree-mea ns
tat the oomplete unde-mwding of the party.,Nornodification of qty
co
provisions thereof shall be valid Udess in writing and sigav-d by both,partics.
To Am of Southold
By:
Scott A. Russell,Superviwr
lode,peodent Actuary
By -rl
NNW
TUD. Stied IIT,FSYk,jM1AAA-
4-
ORIGINAL
�o��SUfFOt�coG,.
y�
RECEIVED
APR 2 6 2018
Southold Town Clerk
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: April 24, 2018
Subject: Agreement between Town of Southold and
John D. Stiefel, III, FSA, MSAA
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: Accounting