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HomeMy WebLinkAboutSuff Co/Stop DWI Program COUNTY OF SUFFOLK ROBERT J. GAFFNEY COUNTY EXECUTIVE ERIC A. KOPP CHIEF DEPUTY COUNTY EXECUTIVE EILEEN M. KREMERS STOP-DWI COORDINATOR February 26, 2003 The Honorable Joshua Y. Horton Supervisor of Southold Town Town Hall, 53095 Main Road Southold, New York 11971-1682 Dear Supervisor Horton: Enclosed are five copies of your contract for 2003 STOP-DWI funding for enforcement activities by Town of Southold police personnel, effective January l, 2003 through December 31, 2003. The total amount of this contract is $19,000.00. This contract is the same as the 2002 STOP-DWI contract with the exception of the Living Wage and Sexual Abuse Exhibits. Please take careful note of the requirements of these Exhibits. Be sure to submit forms required forms. We require a monthly report as part of our reporting requirements to New York State. I certainly recognize the demands this makes on your staff; however, I urge you to anticipate our need for data prior to the 15th of each month. We are required by statute to maintain accurate and timely data on all enforcement activity in the County, and we rely on your cooperation. After review and signature, please remm all copies for execution to Suffolk County STOP- DWI, 14. Lee Dennison Building, Veterans Memorial Highway, P.O: Box 6100, Hauppauge, NY 11788. Upon passage of the 2003 Suffolk County Operating budget, we will forward to you the fully executed contract. It is a pleasure working with the Southold Town Police Department in tiffs vital highway safety program, and I look forward to continuing our effort to reduce drinking and driving in Suffolk County. Sincerely, STOP-DWI Coordinator EMK:dd Enclosures H. LEE DENNISON BUILDING - 100 VETERANS MEMORIAL HIGHWAY - P.O. BOX 6100 - HAUPPAUGE, N.Y. 11788 - (631) 853-4000 POLICE DEPARTMENT TOWN OF SOUTHOLD CARLISLE E. COCHRAN, ltl Chief of Police Telephone Emergency Dial 911 MEMORANDUM TO: FROM: DATE: RE: Elizabeth Neville, Town Clerk Chief Carlisle E. Cochran, Jr. ~------~_~ March 12, 2003 2002 STOP DWI Contract RECEIVED lvIAR 13 2005 ' Southold Town Clerk The attached captioned contract can move forward as presented. Please forward a fully executed contract when received. 41405 Route 25 - P.O. Box 911 * Peconic, N.Y. i1958 Administrative (631) 765-2600/2601 * Fax (631) 765-2715 ELIZABETH A. NEVILLE TOWN CLERK HEGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 159 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 11, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with the County. of Suffolk for the 2003 STOP-DWI Program in an amount not to exceed $19,000.00, £or the term January 1, 2003 through December 31, 2003, all in accordm~ce with the approval of the Town Attorney., all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk EIJZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS 1VLANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Sou~hold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 13, 2003 Eileen M. Kremers, STOP-DWI Coordinator Office of the County Executive H. Lee Dennison Building 100 Veterans Memorial Highway Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Ms. Kremers: Enclosed please find five (5) copies of the 2003 STOP-DWI contracts which have been signed by Supervisor Joshua Y. Horton. I shall look forward to receiving a copy for my records after theY have been fully executed. Thank you for your assistance. Very truly yours, Eliz_~fl:)eth A. Neville Southold Tom Clerk Enclosures Town Comptroller Cushman Town Attorney Chief of Police COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE ROBERT J. GAFFNEY COUNTY EXECUTIVE ERIC A. KOPP CHIEF DEPUTY COUNTY EXECUTIVE EILEEN M. KRENIERS STOP-DWI COORDINATOR February26,2003 The Honorable Joshua Y. Horton Supervisor of Southold Town Town Hall, 53095 Main Road Southold, New York 11971-1682 Dear Supervisor Horton: Enclosed are five copies of your contract for 2003 STOP-DWI funding for enforcement activities by Town of Southold police personnel, effective January 1, 2003 through December 31, 2003. The total mount of this contract is $19,000.00. This contract is the same as the 2002 STOP-DWI contract with the exception of the Living Wage and Sexual Abuse Exhibits. Please take careful note of the requirements of these Exhibits. Be sure to submit forms required forms. We require a monthly report as part of our reporting requirements to New York State. I certainly recognize the demands this makes on your staff; however, I urge you to anticipate our need for data prior to the 15th of each month. We are required by statute to maintain accurate and timely data on all enforcement activity in the County, and we rely on your cooperation. After review and signature, please return all copies for execution to Suffolk County STOP- DWI, H. Lee Dennison Building, Veterans Memorial Highway, P.O: Box 6100, Hauppauge, NY 11788. Upon passage of the 2003 Suffolk County Operating budget, we will forward to you the fully executed contract. It is a pleasure working with the Southold Town Police Department in this vital highway safety program, and I look forward t© continuing our effort to reduce drinking and driving in Suffolk County. Sincerely, ~ /Eileen M. Kremers STOP-DWI Coordinator EMK:dd Enclosures H. LEE DENNISON BUiLDING - 100 VETERANS MEMORIAL HIGHWAY - P.O. BOX 6100 - HAUPPAUGE, N.Y. 11788 - (631) 853-4000 POLICE DEPARTMENT TOWN OF SOUTHOLD CAtULISLE E. COCHRAN, JR. Chief of Police Telephone Emergency Dial 911 MEMORANDUM TO: FROM: DATE: RE: Elizabeth Neville, Town Clerk Chief Carlisle E. Cochran, Jr. ,~C.~ March 12, 2003 2002 STOP DWI Contract RECEIVED kIA~ 13 2003 Southold Town Clerk The attached captioned contract can move forward as presented. Please forward a fully executed contract when received. 41405 Route 25 · P.O. Box 911 · Peconic, N.Y. 11958 Administrative (631) 765-2600/2601 · Fax (631) 765-2715 Rev. 02/24/05 STOP-DWI ~unicip~l Enforcement Agreement No. 001-1234-4980-69-000~ IFMS No. SCS EXE 0000000 Agreement This.Agreement, 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 of the County Executive/STOP-DWI Program (Department), located at H. Lee Dennison Building, I 1 th floor, 100 Veterans Memorial Highway, Hauppauge, New York (mailing address: Box 6100, Hauppauge, New York 11788-0099) and Town of Southold (Contractor), a New York municipal corporation, having its principal place of business at Town Hall, 53095 Main Road, Southold, New York 11971-1682. The parties hereto desire to make increased enforcement of New York State vehicle and traffic laws relating to drinking and driving available to the County. Sufficient funding exists in the 2003 Suffolk County Operating Budget. Term of Agreement: Shall be January 1, 2003 through December 31, 2003 Total Cost of Agreement: Shall not exceed $19,000.00 Terms and Conditions: Shall be as set forth in Exhibit A and Exhibit entitled "Suffolk County Legislative Re- quirements Exhibit for Contracts" revised 1/23/03 attached. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of Southold [Please print n~e and title under si~ature] Fed. T~payer m g: ] I - ~ O0 [ q 3 ~ Approved as to Form, Not Renewed as to Execution: Robert J. Cimino Suffolk Coun~ A~orney By: Pa~icia M. Jord~ ~ ~ Assist~t,Coun~ A~omey Date: ~~~ County of Suffolk By: ~ Eric A. Kopp Chief Deputy County Executive Date: Approved: // ,/~ileen M tlr STOP-DWI Coordinator Date: ~//~f/f f~ Exhibit A 1. SERVICES TO BE PERFORMED The duties of the CONTRACTOR shall be to carry out a STOP-DWI program, as more particularly described in Exhibit B attached to and made part of this Agreement. The CONTRACTOR specifically rep- resents and warrants that it has and shall possess, and that its employees, agents and subcontractors have and shall possess, the required education, knowledge, experience and character necessary to qualify them indi- vidually for the particular duties they perform. 2. QUALIFICATIONS OF PERSONNEL The CONTRACTOR agrees that it will provide the COUNTY with relevant policies regarding the personnel qualifications for professional employees and that these policies shall be subject to approval by the COUNTY. 3. SERVICE RECORDS The CONTRACTOR shall maintain, or cause to be maintained, service and time records for each service provided under this Agreement, which will permit the reporting of the progress &each service on a monthly basis. Such reports shall be submitted on forms to be provided or approved by the COUNTY in ac- cordance with the instructions therefor. Such reports shall be in the format attached as Exhibit C, but shall not necessarily be limited to the information specified. 4. COUNTY SUPERVISION It is agreed that the nature and extent of the services provided pursuant to this Agreement shall be subject to the general supervision of the COUNTY's STOP-DWI Coordinator's Office. The CONTRAC- TOR further agrees ro conduct the aforementioned program in a skillful manner to the best of its ability, and agrees to comply fully with the rules and regulations, criteria and guidelines for expenditure controls hereto- fore adopted or to be adopted by the COUNTY. Further, the CONTRACTOR agrees to provide data as re- quired by the COUNTY by virtue of Section 1197 of the Vehicle and Traffic Law, 10 days after close of each month, on a monthly basis, in a form prescribed by the COUNTY. 5. COSTS AND TOTAL AMOUNT OF AGREEMENT The CONTRACTOR expressly represents and agrees that expenditures shall be in accordance with the budget submitted to the COUNTY, which is hereby incorporated by reference and made a part of this Agreement as Exhibit D. 6. METHOD OF PAYMENT The COUNTY shall pay the CONTRACTOR monthly for services provided and costs incurred pur- suant to this Agreement on receipt of monthly claims to be submitted no later than twenty (20) days after the end of each month, together with appropriate reports and documentation providing acceptable evidence in support of said services and costs, in such rolm as prescribed by the COUNTY, and after audit and approval by the COUNTY. Payments shall be reimbursements only of actual cash expenditures made prior to the date of claim submission and shall include only those monies appropriated for the COUNTY Operating Budget year referred to on the first page of this Agreement. No claims shall be payable until the CONTRACTOR complies with all requirements to this Agreement that should have been complied with on or before submis- sion of such claims. It is understood and agreed by the parties hereto that the amount to be paid by the COUNTY, as set forth hereinabove, shall constitute the full obligation of the COUNTY in connection with this Agreement and any matter arising therefrom. CE1 (I0/01) Page 1 of 5 pages ofExtfibit A 7. PAYMENTS SUBJECT TO POST-AUDIT ADJUSTMENT All payments made hereunder are subject to audit and adjustment by the Comptroller of the COUNTY pursuant to Article V of the Suffolk County Charter and by the State or Federal Government. 8. ACCOUNTING PROCEDURES The CONTRACTOR shall comply, for the amount funded under this Agreement, with the "Comp- troller's Rules and Regulations for Contract Agencies", as promulgated by the Department of Audit and Control of Suffolk County, and any amendments thereto during the term of this Agreement. 9. CONTINGENCY This Agreement is subject to and contingent upon the County of Suffolk's continuance as a partici- pating County in the New York State STOP-DWI Program as provided by Section 1197 of the Vehicle and Traffic Law and upon approval of the COUNTY's STOP-DWI Plan for the COUNTY Operating Budget year referred to on the first page of this Agreement by the Commissioner of Motor Vehicles of the State of New York. 10. ASSIGNMENT The CONTRACTOR shall not assign, transfer, convey, sublet or otherwise dispose of this Agree- ment, or any of its right, title or interest therein, or its power to execute this Agreement, or assign all or any portion of the monies that may be due or become due thereunder, to any other person or corporation, with- out the prior consent in writingofthe COUNTY, and any attempt to do any of the foregoing without such consent shall be of no effect. 11. INDEPENDENT CONTRACTOR The relationship of the CONTRACTOR to the COUNTY shall be that of an independent contractor. Accordingly, neither the CONTRACTOR nor any person hired by the CONTRACTOR shall be considered employees of the COUNTY for any purpose whatsoever. 12. INSURANCE AND INDEMNIFICATION (a) The CONTRACTOR agrees to procure, pay the entire premium for and maintain, throughout the term of this Agreement insurance in amounts and type specified by the COUNTY. Unless otherwise specified by the COUNTY and agreed to by the CONTRACTOR, in writing, such insurance will be as fol- lows: (i) COMMERCIAL GENERAL LIABILITY INSURANCE, including contrac- tual coverage, in an amount not less than Two Million Dollars ($2,000,000.) combined single limit for bodily injury and property damage per occurrence. (ii) WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSUR- ANCE in compliance with all applicable New York State laws and regulations and DISABILITY INSURANCE if required by law and shall furnish to the COUNTY prior to its execution of this Agreement the documentation required by the State of New York Workers' Compensation Board of coverage or ex- emption from coverage pursuant to §§ 57 and 220 of the Workers' Compensa- tion Law. In accordance with General Municipal Law Section 108, this Agreement shall be void and of no effect unless the CONTRACTOR shall provide and maintain coverage during the term of this Agreement for the CE1 (10/01) Page 2 of 5 pages of Exhibit A benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. (b) Ali policies providing such coverage shall be issued by insurance companies acceptable to the COUNTY. (c) The CONTRACTOR shall furnish to the COUNTY certificates of insurance or, on request, original policies, evidencing compliance with the aforesaid insurance requirements. In the case of commer- cial general liability insurance, said certificates or other evidence of insurance shall name the County of Suf- folk as an additional insured. All such certificates or other evidence of insurance shall provide for the County of Suffolk to be a certificate holder and to be notified in writing thirty (30) days prior to any cancel- lation, nonrenewal or material change. Such certificates, policies or other evidence of insurance and notices shall be mailed to the Suffolk County Risk Management and Benefit Division, H. Lee Dennison Building, 7th Floor, 100 Veterans Memorial Highway, P. O. Box 6100, Hauppauge, ixrY 11788-0099, or at such other address of which the COUNTY shall have given the CONTRACTOR notice in writing. If the CONTRACTOR is a town or other municipal corporation and has a self-insurance program under which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage and certificates or other evidence of such self-insurance in lieu of insurance issued by insurance companies. (d) The CONTRACTOR shall indemnify and hold harmless the COUNTY, its consultant (if any), employees, agents and other persons from and against all claims, costs, judgments, liens, encum- brances and expenses, including attorneys' fees, arising out of the acts or omissions or negligence of the CONTRACTOR, its agents, employees or subcontractors in connection with the services described or re- fen'ed to in this Agreement. 13, PUBLICATIONS The CONTRACTOR shall not issue or publish any book, article, announcement, report or other pub- lication relating to the subject program without prior written permission from the COUNTY. Any such pub- lication printed after January 1, 1992, shall contain the following statement: "This publication is fully or partially funded by Suffolk County STOP-DWI - Robert J. Gaffuey, County Executive." Furthermore, the STOP-DWI Logo shall be prominently displayed on any publication, sign or other printed materials. 14. TERMINATION RIGHTS If the CONTRACTOR fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the COUNTY shall deem it in its best interest to terminate this Agreement or its obliga- tions with respect to any identifiable part of this program, it shall have the fight to do so by giving ten (10) days prior written notice by registered or certified mail to the CONTRACTOR of such termination. The CONTRACTOR may terminate this Agreement at its option by giving sixty (60) days prior written notice to the COUNTY by registered or certified mai/. 15. ADDRESSES FOR NOTICES, CLAIMS, REPORTS (a) Any communication, notice, claim for payment, repor~ or other submission necessary or re- quired to be made by the CONTRACTOR to the COUNTY or its designated representative shall be deemed to have been duly made upon receipt by the COUNTY or its designated representative at the following address or at such other address as may be specified in writing by the COUNTY or its designated representative: CE1 (10/01) Page 3 of 5 pages of Exhibit A Office of the County Executive STOP-DWI Program 100 Veterans Memorial Highway - i 1th Floor P. O. Box 6100 Hauppauge, New York 11788-0099 (b) Communications or notices to the CONTRACTOR shall be deemed delivered when mailed to the CONTRACTOR at the address designated in th_is Agreement or such other address as the CONTRACTOR shall furnish to the COUNTY by written notice delivered to the COUNTY. 16. COST REDUCTION The CONTRACTOR agrees that where a minimum level of service is not provided (as provided in paragraph 1 of this Exhibit A and in Exhibit B), the COUNTY may require a modification in CONTRAC- TOR staff and other cost factors or may teindnate this Agreement after giving notice in accordance with paragraphs 14 and 15. 17. STUDIES OR RESEARCH The CONTRACTOR agrees that it must secure prior written approval of the COUNTY for any pro- posed studies or research. 18. GRATUITIES The CONTRACTOR represents and warrants that it has not offered or given any gratuity to any of- ficial, 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 s,gner of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suf- folk County (Chapter 386 of the Suffolk County Code). 19. INTERGOVERNMENTAL COORDINATION The CONTRACTOR shall coordinate all liaison with units of federal, state and local government in connection with the program through the Department. 20. NONDISCRIMINATION IN EMPLOY1VIF, NT In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other COUNTY, State and Federal administrative, statutory and constitutional nondiscrimination provisions, the CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability, Vietnam era veteran status or marital status. 21. WORK EXPERIENCE PARTICIPATION If the CONTRACTOR is a nonprofit or governmental agency or institution, at all times during the tem~ of this Agreement, each of the CONTRACTOR's locations in Suffolk County at which services are provided under this Agreement'shall be a work site for public-assistance clients of Suffolk County pursuant to Local Law No. 15-1993. If no Memorandum of Understanding ("MOW') with' the Suffolk County De- partment of Labor for work experience is in effect at the beginning of the term of this Agreement, the CONTRACTOR, if it is a nonprofit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of this Agreement, and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with this Agreement, for which the CE1 (10/01) Page 4 of 5 pages of Exhibit A COUNTY may withhold payment, terminate this Agreement or exercise such other remedies as may be ap- propriate in the circumstances. 22. AGREEMENT SUBJECT TO APPROPRIATION OF FUNDS This Agreement is subject to the amount of funds appropriated and any subsequent modifications thereof by the Suffolk County Legislature, and no liability shall be incurred by the COUNTY under this Agreement beyond the amount of funds appropriated by the Legislature for the program covered by this Agreement. 23. OFFSET OF ARREARS OR DEFAULT The CONTRACTOR warrants that it is not, and shall not be during the term of this Agreement, in arrears to the COUNTY for taxes or upon debt or contract and is not, and shall not be during the term of this Agreement, in default as surety, contractor or otherwise on any obligation to the COUNTY, and the CON- TRACTOR agrees that the COUNTY may withhold the mount of any such arrearage or default from amounts payable to the CONTRACTOR under this Agreement. 24. CONTRACTOR'S STAFF The COUNTY shall have the right to prior approval of the filling of any position now vacant or hereafter becoming vacant and may, in exercise of that right, promulgate reasonable regulations involving position control, which shall, when promulgated, be deemed to be incorporated by reference in and made part of this Agreement. 25. SALARY INCREASES No salary, wage or other compensation for services shall be increased over the amount stated in the attached budget (Exhibit D) without the prior written approval of the COUNTY. 26. BUDGET DEFICIENCY PLANS The COUNTY has imposed and may impose budget deficiency plan(s). Upon written notification from the Department, the CONTRACTOR shall comply with the same restrictions as are imposed upon the Department, a copy of which will be furnished with such notification and shall thereupon be deemed m be incorporated by reference in and made part of this Agreement. 27. EXHIBITS The following additional Exhibits are attached to and made part of this Agreement: B. Work Plan and Proposal C~ Report Format D. Budget E. Furniture, Fixtures, Equipment and Supplies (if any such items are included in the Budget). 28. MERGER; NO ORA1, CHANGES It is expressly agreed that this Agreement represents the entire agreement of the parties; that all pre- vious understandings are merged in this Agreement and that no modification of this Agreement shall be valid unless written and executed by both parties. - END OF TEXT OF EXHIBIT A- CE1 (10/01) Page 5 of 5 pages of Exhibit A Suffolk County Legislative Requirements Exhibit for Contracts; last rev. 1/23/03 Suffolk County Legislative Requirements Exhibit for Contracts This exhibit is attached to and is made part of the contract executed with the County. Contractor's/Vendor's Public Disclosure Statement Form SCEX 22; rev. 7/16/02 (form consists of two pages; requires signature & notarization) Note: The Contractor's/Vendor's Public Disclosure Statement Form SCEX 22; rev. 7/16/02, references the following law, which is included with this Exhibit. · Suffolk County Administrative Code Section A5-7 (consists of 3 pages). ill IV Suffolk County Living Wage Requirements "Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02" (2 pages). Suffolk County Department of Labor - Living Wage Unit Declaration of Compliance - Subject to Audit Form LW-33 (consists of 1 page) Gratuities Suffolk County Local Law No. 32-1980, Chapter 386 of the Suffolk County Code, entitled "Political Parties, Gifts to Officials Of" (2 pages) Sexual Abuse Reporting Policy Resolution No. 543 - 2002, Establishing Universal Child Sexual Abuse Reporting Policy for Suffolk County (4 pages) Resolution No. 819- 2002, Modifying Universal Child Sexual Abuse Reporting Policy for Suffolk County (2 pages) ! Contractor' s/Vendor's Public Disclosure Statement Documents Suffolk County SCEX Form 22 Contractor's Vendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, to be completed by all providers which have a contract with Suffolk County in Excess of $1,000 or have three or more contracts with Suffolk County any three of which, when combined exceed $1,000 except: (1) Hospitals, (2) Educational or Governmental Entities, (3) Not-For-Profit Corporations, or (4) Providers of Foster Care, Family Day Care or Child Protective Consulting Services. Contractor's Vendor's Name Address City and State Contracting Department's Name Address Zip Code t 5.b Payee Identification or Social Security No. Type of Business.. Corporation Partnership__Sole Proprietorship .Other Is your firm entering into or has your firm entered into a contract with Suffolk County in excess of $1,000 Yes No. Has your firm entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $1,000 Yes__No. If you answered yes to either part 5a or 5b, you must complete pads 6 through 9. In any event you must answer pads 10 and 11. 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 al partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.) List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the firm. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). 10. Does your firm dedve 50% or more of its total revenue from your contractural or vendor relationship with Suffolk County? Yes No. If Yes, 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'sNendor's Public Disclosure Statement with the contract (describe general nature of the contract). Page I of 2 SCEX Form 22 11. Remedies. The failure to file a verified public disclosure statement as required under this 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. Verification. This section must be signed by an officer or principal of the contractor or 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 his/her own knowledge, true. Dated: Printed Name of Signor: Title of Signor: Name of Firm: Signed: Individual Proprietorship or Partnership Acknowledgement State of ) ) County of ) SS: On the day of , 20 , before me personally came .. , to me known and known to me to be the person described in, and who executed, the foregoing instrument, and duly acknowledged that he/she executed the same. Notary Public Corporate Acknowledgement State of ) ) County of ) SS: On the day of ,20' , before me personally came , to me known, who being duly sworn, did dispose and say that he/she resides in , that he/she is the of corporation described in and which executed the foregoing instrument; that he/she knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by the order of the board of directors of such corporation, and that he/she signed his/her name thereto by like order. Notary Public SCEX Form 22 (Rev. 7116102) Reference: Suffolk County Administrative Code Section A5-7 Page 2 of 2 SCEX Form 22 SUFFOLK COUNTY ADMINISTRATIVE CODE SECTION A5-7 ~§ A5-7. Contractors and vendors required to submit full disclosure statement. [Derived from L.L. No. t4-1976, as amended 2-27-1979 by L.L. No. 6-1979] A. Definitions. As used in this section, the following terms shall have the meanings indicated: CONTRACT - Any written agreement between Suffolk County and a contractor or vendor to do or perform any kind of labor, service, purchase, construction or public work, unless the contract is for a federally or state- aided, in whole or in part, program required to be bid pursuant to § 103 of the New York General Municipal Law. [Amended 6-29-1993 by L.L. No. 28-19934] NOTE: L.L. No. 28-1993 also provided as follows: Section 1. Legislative Intent. This Legislature hereby finds and determines that Suffolk County's comprehensive Contractor/Vendor Public Disclosure Statement Law currently applies to a broad array of contracts that exceed one thousand dollars ($1,000.) in value, subject to exemptions for contractors doing business with the County Department of Social Services; hospitals; educational, medical, and governmental entities; and not-for-profit corporations. This Legislature further finds and determines that these exemptions prevent full disclosure of important information that may be useful to elected county officials in determining whether or not specific types of contracts are in the public interest, especially in light of recent trends towards privatization and use of outside consultants on an increased basis by municipalities. Therefore, the purpose of this law is to eliminate many of the exemptions from completing and filing verified public disclosure statements with the County Comptroller available to certain contractors providing social services or health services contracts. CONTRACTOR or VENDOR [Amended 1248-1990 by L.L. No. 41- 19902; 6-29-1993 by L.L. No. 28-19933] - Any proprietorship, partnership or closely held corporation which has a contract with Suffolk County in excess of one thousand dollars ($1,000.) or which has three (3) or more contracts with Suffolk County, any three (3) of which, when combined, exceed one thousand dollars ($1,000.), except: (1) Hospitals. (2) Educational or governmental entities. ~ Editor's Note: This local law was adopted by the legislature after disapproval by the Executive on 5-26-1993. 2 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 12-13-1990. See the note at § A4-12. $ Editor's Note: Thfs local law was adopted by the Legislature after disapproval by the Executive on 5-26-t 993. See note above. Page 1'of 3 (3) Not-for-profit corporations. (4) Contracts providing for foster care, family day-care providers or child protective consulting services. FULL DISCLOSURE CLAUSE - A proviso to be included as a material part of a contract imposing upon the contractor or vendor a material, contractual and statutory duty to file a verified public disclosure statement. VERIFIED PUBLIC DISCLOSURE STATEMENT - A declaration, the contents of which are acknowledged before a notary public, containing information required under this section. A full disclosure clause is to be included in all future contracts between Suffolk County and a contractor or vendor. Such full disclosure clause shall constitute a material part of the contract. C. Notice of the full disclosure clause shall be included and made a part of the specifications, if any, which are submitted to interested potential bidders. Each contractor or vendor shall file a verified public disclosure statement with the Comptroller of Suffolk County as soon as practicable pdor to being awarded the contract. An updated disclosure statement shall be filed by the contractor or vendor with the Comptroller by the 31st day of January in each year of the contract's duration. It shall be tl~e duty of the Comptroller to accept and file such statements. E. No contract shall be awarded to any contractor or vendor, as defined in this section, unless pdor to such award a verified public disclosure statement is flied with the Comptroller as provided in this section. Any verified public disclosure statement containing fraudulent information shall constitute, for all purposes, a failure to file such statement in the first instance. F. The verified public disclosure statement required by this section shall include: (1) A complete list of the names and addresses of those individual shareholders holding more than five-percent interest in the firm. (2) The table of organization for the company shall include the names and addresses of all individuals serving on the board of directors or comparable body, the names and addresses of all partners and the names and addresses of all corporate officers. The contractor or vendor shall conspicuously identify any such person in this table of organization who is an officer or an employee of Suffolk County. Page 2 of 3 (3) Acomplete financial statement listing all assets and liabilities as well as a profit-and-loss statement, certified by a certified public accountant. Such statement shall be the most current available and in no event shall have been prepared more than six (6) months prior to the date of the filing of the bid. No financial statement or profit-and~loss statement shall be required from any contractor or vendor having fifty percent (50%) or more of their gross revenues from sources other than the County of Suffolk. A separate folio for each company shall be maintained alphabetically for public inspection by the Comptroller. Remedies. The failure to file a verified public disclosure statement as required under this section shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article 2 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. Under no circumstances shall the county be precluded from invoking any remedy contained in the preceding section by reason of its failure to invoke promptly its remedies. Page 3 of 3 !1 Suffolk County Living Wage Documents Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10122/02 Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10122102 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, "A Local Law to Implement Living Wage Policy for the County of Suffolk" (the "Living Wage Law"), ail RFPs, County contracts and financial assistance agreements subject to the law shall contain the following two paragraphs or substantially equivalent language: This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, or a waiver is granted, all employers (as defined) under service contracts and recipients of county financial assistance (as defined) shall provide payment of a minimum wage to .employees (as defined) of $9.00 per hour with health benefits of at least $1.25 per hour or otherwise $10.25 per hour. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law, of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therei n, for violations of this Law. Suffolk County Local Law No. 18-2002, "A Local Law to Implement Living Wage Policy for the County of Suffolk" provided for certain amendments to the Living Wage Law. Forms for Corn pletion and/or Signature (as applicable) Suffolk County Department of Labor- Living Wage Unit Notice of Application for County Assistance (Contract) Form LW-1 (consists of I page)' Suffolk County Department of Labor - Living Wage Unit Certification of Compliance Form LW-2 (consists of 1 page) Suffolk County Department of Labor- Living Wage Unit Certification of the Non-Applicability of the Living Wage Law Form LW-3 (consists of 2 pages) Suffolk County Department of Labor - Living Wage Unit ,Request for General Living Wage Exemption Form LW-4 (consists of 1 page) Suffolk County Department of Labor- Living Wage Unit Request for Specific Living Wage Exemption Form LW-$ (consists of 2 pages) lof2 pages Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 Suffolk County Department of Labor. Living Wage Unit Declaration of Compliance - Subject to Audit Form LW-33 (consists of 1 page) Note: Pursuant to Section 7 of Local Law No.18- 2002, "A Local Law to Implement Living Wage Policy for .County of Suffolk", all covered employers subject to the provisions of the Living Wage Law shall submit a completed and sworn (under penalty of perjury) Certification of Compliance Subject to Audit form, signed by an authorized representative, as par[ of an executed contract with the County of Suffolk. The complete Declaration of Compliance form shall be made a part of any executed contract or project agreement and made available to the public upon request. · To Certify Living Wage compliance: Return Form LW~I, Form LW-2 and Form LW-33. or · To certify non-applicability of Living Wage law: Return Form LW-3. or · To request and document a general living wage exemption: Return Form LW-1, LW-2 and Form LW-4. or · To request and document a specific living wage exemption: Return Form LW-1, LW-2 and Form LW-5. in the event that there is a change in circumstances, it is the Contractor's responsibility to submit to the County additional Living Wage forms which either replace or supplement prior submissions of Living Wage forms. Living Wage Law Information Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.ny, us Click Department Directory Labor Living Wage Law Info Suffolk County Department of Labor Living Wage Unit Tel, (631) 853-3808 E nd of Text for Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22102 2 of 2 pages SUFFOLK COUNTy DEPARTMENT OF LABOR- LIVING WAGE UNIT DECLARATION OF COMPLIANCE - SUBJECT TO AUDIT Living Wage Law, Suffolk County Code, Chapter 347 (2001) , T.o Be Completed By Applicant/Employer/Contractor I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract ~vhere this company has received Assistance, from the County of Suffolk as defined in the Law (Assistance), a wage rate of no less than $9.00 per hour worked with health benefits, as described in the Law, or otherwise $10.25 per hour or the rates as may be adjusted annually in accordance with the Law. (Chapter 347-3 B) I/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies property Or uses equipment or property that is improved or developed as a result of Assistance or any contractor or subcontractor of this company that employs at least ten (10) persons in producing or providing goods or services to this company that are used in the project or matter for which this company has received Assistance shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) I/we further agree m permit access to work sites and relevant payroll records by authorized County representatives for. the purpose of monitoring compliance with regulation under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of compliance is longer. All payroll and benefit records required by the County will be maintained for inspection for a similar period of time. In addition, an annual report of employment activities, including relevant particulars of each covered employee, will be provided to the County for their files. (Chapter 347-7 E) The County Department of Labor shall review the records of any Covered Employer at least once every three years to verify compliance with the provisions of the Law. (Chapter 3474 C) 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 tree and correct. Signature Date Print Name & Title County Vendor # (if known) Company Name Phone # Federal Employer ID# LW-33 Gratuities §386-1 GIFTS TO PARTY OFFICIALS §386-1 CHAPTER 386 POLITICAL PARTIES, GIFTS TO OFFICIALS OF § 386-1. § 386-2. § 386-3. § 386-4. § 386-5. Definitions. · Prohibited acts, Clause required in all contra cts. Penalties for offenses. Excepted contributions. [HISTORY: Adopted by the Suffolk County Legislature 12-9-80 as L.L. No. 32-1980. Amendments noted where applicable.] §386-1. Definitions. As used in this chapter, the following terms shall have meanings indicated: AGREEMENT -Any written or oral contract or any implied contract, including but not limited to a contract for the sale of goods or services, a construction contract or a lease or contract relating to real or personal property. The term "agreement" shall also include any transaction whereby a person agrees to sell goods or services, or both, to the county pursuant to a successful bid. GRATUITY -Any money, benefit, entertainment, gift or any other consideration whatsoever. OFFICIAL OF A POLITICAL PARTY -A party officer as defined by §1-104, Subdivision 5, of the Election Law. PERSON -Any individual, partnership, firm, corporation or other legal entity, as well as their employees, agents or representatives. POLITICAL PARTY-A party as defined by § 1~104, Subdivision 3, of the Election Law. § 386-2, Prohibited acts. It shall be a crime for any person to offer or give any gratuity to an official of any political party with the purpose of intent of securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of any determination with respect to the performance of an agreement. Page 1 of 2 It shall be a crime for an official of a political party to solicit, receive or accept'a gratuity in connection with securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of a determination with respect to the performance of such agreement. § 386-3. Clause required in ail contracts. In all.agreements with the County of Suffolk made after the effective date of this chapter, there shall be written representation by the person entering the agreement with the county that he 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 secudng favorable treatment with res pect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that such person hasread and is familiar with the provisions of this chapter. § 386-4. Penalties for offenses. A. Criminal. A violation of §386-2 of this chapter shall be a Class A misdemeanor and shall be punishable by a sentence of not more than one (1)year in prison or a fine of not more than one thousand dollars ($1,000) or by both such fine and imprisonment. B. Civil remedies. A violation of § 386-2 or 386-3 of this chapter shall give the county the option, among other civil remedies, of either terminating the agreement or deducting the value of the gratuity from any amount due or to . become due from the county thereunder: §386-5. Excepted contributions. This chapter shall not apply to contributions to political parties, committees or candidates as defined by § 14-100, Subdivision 9, of the Election Law. Such contributions shall be excluded from and shall not be in violation of this chapter. Page 2 of 2 IV Child Sexual Abuse Reporting Policy The Contractor agrees to comply with the following Suffolk County resolutions, as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. Resolu:[ion No. 543 - 2002, Establishing Universal Child Sexual Abuse Reporting Policy for Suffolk County (4 pages) Resolution No. 819- 2002, Modifying Universal Child Sexual Abuse Reporting Policy for Suffolk County (2 pages) Intro. Res. No~ 1508-2002 Laid on the Table 4/25/2002 Introduced by Legislators Cooper, Postal, Bishop, Fisher, Fields, Undsay, Binder, Foley, Presiding Officer Tonna, Nowick, Caracciolo, Caracappa, Crecca RESOLUT/ON NO. 543 2002, ESTABLISHTNG UNIVERSAL CHILD SEXUAL ABUSE REPORTING POLICY' FOR SUFFOLK COUNTY WHEREAS, innocent children are in urgent need of protection against sexual abuse within the County of Suffolk; now, therefore be it 1't RESOLVED, that the County of Suffolk hereby establishes a formal child sexual abuse reporting policy as follows: A.} Each County Department that has a contract or agreement with any individual, partnership, corporation, :~oint venture, business organization, or other entity which receives payments from the County of Suffolk, either directly or as a conduit for payment from another level of government, shall notify such individual, partnership, corporation, joint venture, business organization, or other entity that Suffolk County requires full compliance with the reporting and disclosure provisions of Paragraph (D) of this Resolved clause, as a condition precedent to receipt of such payment and continuing receipt of such payment, in those instances in which an allegation has been made of sexual abuse of a minor by any employee or member of such contract vendor, including any · member of the clergy, involving any of the following sex offenses: 1.) Rape in the third degree, Section 130,25 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 2.) Rape in the second degree, Section 130.30 (less than fourteen (14) years old) ot: the NEW YORK PENAL LAW; 3.) Rape in the first degree, Section 130.35 (tess than eleven (:ti) years old) of the NEW YORK PENAL LAW; Sodomy in the third degree, Section 130.40 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; S.) Sodomy in the second degree, Section 130.45 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; s.) Sodomy in the first degree, Section 130.50 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 7.) Sexual abuse in the third degree, Section 130.55 (less than seventeen (17) years old] of t,he NEW YORK PENAL LAW; 8.) Sexual abuse in the second degree, Section 130.60 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; 9.) Sexual abuse in the first degree, Section 130.65 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 10.) Aggravated sexual abuse in the third degree, Section 130.66 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 11.) Aggravated sexual abuse in the second degree, Section 130.67 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 12.) Aggravated sexual abuse in the first degree, Section 130.70 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 13.) Course of sexual conduct against a child in the first degree, Section 130.75 (less than eleven (11) years old) of the NEW YORK PENAL LAW; and B.) C,) I4.) Course of sexual conduct against a child in the second degree, Section 130.80 (less than eleven (11) years old) of the NEW YORK PENAL LAW; t50 Sexual misconduct, Section 130.20 (sexual intercourse without consent) of the NEW YORK PENAL LAW; Forcible touching, Section 130,52 (sexual or intimate parts) of the NEW YORK PENAL LAW; t7.) Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the past ten (10) years for less than seventeen (17) years old or fourteen (:[4) years old) of the NEW YORK PENAL LAW; 18.) Aggravated sexual abuse in the fourth degree, Section 130.65-a (less than seventeen ([7) years old) of the NEW YORK PENAL LAW; 19.) Female genital mutilation, Section 130.85 (less than eighteen (18) years old non-medical procedure) of the NEW YORK PANEL LAW; 20.) Facilitating a sex offense with a controlled substance, Section 130.90 (without consent to commit a felony) of the NEW YORK PENAL LAW For the purposes of this Resolution, clergy shall mean a duly authorized bishop, pastor, rector, priest, rabbi, minister, imam, nun, or a person having authority from, or in accordance with, the rules and regulations of the governing ecclesiastical body of the denomination or order, if any, to which the church belongs, or otherwise from the church, synagogue, or mosque to preside over and direct the spiritual affairs of the church, synagogue, or mosque, as the case may be; Minor shall mean anyone under the age of eighteen (18) years of age; Ail suoervisory, administrative, or management employees of any individual, partnership, corporation, joint venture, business organization, or other entity receiving payment from the County of Suffolk, either directly or as a conduit for payment from another level of govemment, under agreement or contract with the County of Suffolk, shatl report or cause a report to be made to the New York State ChiJd Protective Services Child Abuse Registry at [-800-342-3720 when he, she, or it has reasonable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another person or clergy person comes before them and states from personal knowledge facts~ conditions, or circumstances, which, if correct, would render the minor a victim of sexual abuse under any of the following sex offenses, said reporting to occur within forty-eight (48) hours after forming the reasonable cause or first learning of the allegations: Rape in the third degree, Section 130.25 (less than seventeen (17) years old] of the NEW YORK PENAL LAW; 2.) Rape in the second degree, Section [30.30 (tess than fourteen (I4) years old) of the NEW YORK PENAL LAW; 3.) Rape in the first degree, Section 130.35 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 4.) Sodomy in the third degree, Section 130.40 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; Sodomy in the second degree, Section 130.45 (less than fourteen (14) years old).of the NEW YORK PENAL LAW; 6.) Sodomy in the first degree, Section [30.50 (less than eleven (11) years old) of the NEW YORK PENAL LAW; E.) F.) 7.) 8.) 9.) 11.) 120 13.) 14.) 150 160 17.) 180 20.) Sexual abuse in the third degree, Section 130.55 (less than seventeen I[7) years old) of the NEW YORK PENAL LAW; Sexual abuse in the second degree, Section 130.60 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; Sexual abuse in the first degree, Section 130.65 (less than eleven (1[) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the third degree, Section 130.66 (less than eleven (1i) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the second degree, Section i30.67 (less than eleven (11) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the first degree, Section 130.70 (less than eleven (11) years old) of the NEW YORK PENAL LAW; Course of sexual conduct against a child in the first degree, Section 130.75 (less than eleven (11) years old) of the NEW YORK PENAL LAW; and Course of sexual conduct against a child in the second degree, Section 130,80 (Jess than eleven (il) years old) of the NEW YORK PENAL LAW; Sexual misconduct, Section 130.20 (sexual intercourse without consent) of the NEW YORK PENAL LAW; Forcible touching, Section 130.52 (sexual or intimate parts) of the NEW YORK PENAL LAW; Persistent sexual abuse, Section 130.53 (two (2) or more convections within the past ten {10) years for less than seventeen (17) years old or fourteen (14) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the fourth degree, Section 130.65-a (less than seventeen ([7) years old) of the NEW YORK PENAL LAW; Female genital mutilation, Section 130.85 (less than eighteen (18) years old non-medical procedure) of the NEW YORK PANEL LAW; Facilitating a sex offense with a controlled substance, Section [30.90 (without consent to commit a felony) of the NEW YORK PENAL LAW; Whenever a clergy person is required to report under this Resolution, in his or her capacity as a member of the clergy, he or she shall immediately notify the person in charge of such church, synagogue, or mosque, or his or her. designated agent, who shall then also become responsible to report or cause reports to be made to the New York State Child Protective Services Child Abuse Registry at [-800-432-3720 when he or she nas reasonable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another cJergy person comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the minor a victim of sexual abuse; No information derived from a confession or confidential communication to a clergyman shall be disclosed pursuant to the requirements of this Resolution if the confession or confidence is made to the clergyman in his or her professional capacity as a spiritual advisor, unless the person so confessing or confiding waives this privilege; G.) All contract vendors covered by this Resolution shall inform all of their employees in writing as to the disclosure requirements of this Resolution and shall also inform them that each of them must report any allegations of child abuse covered in paragraph (A) of the 1,~ RESOLVED clause of this Resolutio~ to supervisory, management, or designated administrative personnel of the employer; and be it further 2"d RESOLVED, that failure to comply with the terms and conditions of this Resolution shall result in the following: A.) First violation: the contract vendor shall be issued a warning and all supervisory, administrative, and management employees of such contract vendor shall be required to attend a child sexual abuse prevention/education workshop provided by a contract agency approved by the County of Suffolk via duly enacted Resolution which workshop shall include specific skitls for adults to help prevent childhood sexual abuse; skills that adults can teach children to help protect themselves from childhood sexual abuse; skills for detecting the signs of childhood sexual abuse; and how to report allegations of childhood sexual abuse. The cost of this training shall be paid for by the contract vendor. In addition, the contract vendor shall submit a corrective plan of action to the Suffolk County Office of Labor Relations; Second violation within a three (3) year period subseq gent to a first violation: the contract vendor shall be subject to a fine of ten (10%) percent of the contracts that the peKdnent violating individual supervisor, manager, or administrator oversees, not to exceed Fifty Thousand ($50,000.00) Dollars. In addition, the contract vendor shall be put on probation for three (3) years. An annual review shall be conducted by the Suffolk County Department of Audit and Control; c.) Third violation within a three (3) year period subsequent to a first violation: the termination of the agreements with such individual, partnership, corporation, joint venture, business organization, or other entity overseen by the pertinent violating individual supervisor, manager, or administrator and the withholding of all payments to said individual, partnership, corporation, joint venture, business organization, or other entity for such agreements regardless of whether such payments are for past or future goods or serviceS. The contract vendor shall not be eligible for funding from the County for three (3) years from the date of such termination; and be it further 3~ RESOLVED, that the Suffolk County' Department o1: Law is hereby authorized, empowered, and directed to ~ssue and promulgate such rules and regulations as shall be deemed necessary and appropriate to implement the provisions of this Resolution; and be it further 4th RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II action pursuant to Section 6:[7.5(c)(20) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULAT/ONS (6 NYCRR) and within the meaning of Section 8-0~.O9(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality (CEO.) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution. DATED: June Il, 2002 'APPROVED BY: /s/Robe~ 3. Gaffney County Executive of Suffolk County Date,of Approval: 3une 21, 2002 Intro, Res. No. 1862-2002 Introduced by Legislator Cooper Laid on the Table 8/6/2002 RESOLUTION NO. 8[9 - 2002, MODIFYING UNIVERSAL CHILD SEXUAL ABUSE REPORTING POLICY FOR SUFFOLK COUNTY WHEREAS, Resolution No. 543-2002 established A Universal Child Sexual Abuse Reporting Policy for Suffolk County, a central component of which provided for reports to be made to the New York State Child Protective Services Child Abuse Registry; and WHEREAS, the Suffolk County Child Sexual Abuse Task Force has recommended a change in that point of contact by suggesting a return to the original version of the Legislation; now, therefore be it :[st RESOLVED, that Paragraphs (D) and (E) of the 1~ RESOLVED clause of Resolution No. 543-2002 is hereby amended to read as follows: D-) All supervisory, administrative, or management employees of any individual, partnership, corporation, joint venture, business organization, or other entity receiving payment from the County of Suffolk, either directly or as a conduit for payment from another level of government, under agreement or contract with the County of Suffolk, shall report or cause a report to be made to 9:[1 or the pertinent village, town, or county_PoJice Deparbnent when he, she, or it has reasonable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another person or clergy person comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the minor a victim of sexual abuse under any of the following sex offenses, said reporting to occur within twenty-four (24) hours after forming the reasonable cause or first learning of the allegations: Rape in the third degree, Sectfon 130.25 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; Rape in the second degree, Section Z30.30 (less than fou~een years old) of the NEW YORK PENAL LAW; 3.) Rape in the first degree, Section 130.35 (less than eleven years old) of the NEW YORK PENAL LAW; Sodomy in the third degree, Section 130.40 (less than seventeen ().7) years old) of the NEW YORK PENAL LAW; s.) Sodomy in the second degree, Section 130.45 (less than fourteen (Z4) years old) of the NEW YORK PENAL LAW; 6.) Sodomy in the first degree, Section 130.50 (less than eleven (Il) years old) of the NEW YORK PENAL LAW; 7.) Sexual abuse in the third degree, Section 130,55 (less than seventeen (:[7) years old) of the NEW YORK PENAL LAW; 8.) Sexual abuse in the second degree, Section 130.60 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; Sexual abuse in the first degree, Sec:ion I30.65 (less Uqan eleven (IL} years old) of the NEW YORK PENAL LAW; 10.) Aggravated sexual abuse in the third degree, Section 130.66 (less than eleven ([1) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the second degree, Section [30.67 (less than eleven (:[1) years old) of the NEW YORK PENAL LAW; 12.) Aggravated sexual abuse in the first degree, Section 130.70 (less than eleven (11) years old) of the NEW YORK PENAL LAW; Course of sexual conduct against a child in the first degree, Section 130.75 (less than eleven (11) years old) of the NEW YORK PENAL LAW; and 14.) Course of sexual conduct against a child in the second degree, Section 130.80 (]ess than eleven (11) years old) of the NEW YORK PENAL LAW; i5.) Sexual misconduct, Section 130.20 (sexual intercourse without consent) of the NEW YORK PENAL LAW; 16.) Forcible touching, Section 130.52 (sexual or intimate parts) of the NEW YORK PERAL LAW; 17,) Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the past ten (10) years for less than seventeen (17) years old or four~een (14) years old) of the NEW YORK PENAL LAW; 180 Aggravated sexual abuse in the fourth degree, Section 130,65-a (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 19.) Female genital mutilation, Section 130.85 (less than eighteen (18) years old non-medical procedure) of the NEW YORK PANEL LAW; 20.) Facilitating a sex offense with a controlled substance, Section 130,90 (without consent to commit a felony) of the NEW YORK PENAL LAW; and be it further E.) Whenever a clergy person is required to report under this Resolution, in his or her capacity as a member of the clergy, he or she shall immediately notify the person in charge of such church, synagogue, or mosque, or his or her designated agent, who shall then also become responsible to report or cause reports to be made to 911 or the pertinent village, town, or county Police Department when he or she has reasonable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another clergy person comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the minor a victim of sexual abuse; 2"~ RESOLVED, that all other provisions of Resolution No. 543-2002, as amended, shall remain in full force and effect; and be ft further 3rd RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type TI action pursuant to Section 617.5(c)(20) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with conUnuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution. DATED: August 28, 2002 APPROVED BY: /s/Robert ~, Gaffney County ExecuUve of Suffolk County Date of Approval: September 10, 2002 EX~-IIBIT B SUFFOLK COUNTY STOP-DWI 2003 WORK PLAN Town of Southold The Primary goal of this project is the suppression of drunk driving through intensified police patrols to identify vehicle and traffic violations related to drunk driving. This will result in an increased number of arrests for driving while intoxicated and a reduction of alcohol related crashes and fatalities. Funding will be used by this agency to schedule police officers for overtime to patrol duties exclusively to identify and arrest the intoxicated driver. The hours of enforcement shall include times and days which have historically reflected high incidences of dnmk driving, alcohol related crashes and fatalities. Scheduling may be organized due to seasonal traffic considerations and other activities related to incidences of drinking and driving. Schedul'mg of personnel will be dependent upon availability of staff. --- End of Exhibit B --- Suffolk County sTOp-DWI Claim Payroll Register Month of Personal Services - Page 1 Voucher #: ~ 20 Claiming Agency: Instructions: Use this form to detail ail Salary/Wage Expenses for your project, for the period claimedd Submit this form together With a Standard Suffolk County Voucher to insure prompt processing. Check Date Number Payee Job Title Service Period Amount CERTII~ICATION: I certify that the above information is just, tree and correct; that no part thereof has been previously reported, and that such expenditures are proper and necessary, Project Director or Fiscal Officer: Signature and Title Date: Note: This register is sufficient verification to support your claim~. DO NOT send additional material such as time cards, check stubs, etc. at thi~ time. You must mailltain such documents of ~e, however, to support interim or post-audit of project expenses. Use Page 2 of this form to record fringe benefit and Consultant costs for thi.q project only if they are part of your con~act budget. Suffolk County STOP-DWI Claim Payroll Register Month of Personal Services - Page 2 Voucher #: ,20 Claimlng Agency: Instructions: Use this form to detail all Fringe Benefit Expenses for your project, for the period claimed. Submit this form together W/th a Standard Suffolk County Voucher to insure prompt processing. Fringe Benefit Expenses must be part of your original contract to be considered valid expenses. Check Date Number Payee Job Title Service Period Amount CERTIFICATION: I certify that the above information is just, tree and correct; that no part thereof hms been previously reported, and that such expenditures are proper and necessary. Project Director or Fiscal Officer: Date: /__ / Signature and Title Note: This register is sufficient verification to support your cl~im~, DO NOT send additional m~terial such as time cards, check stabs, etc. at this time. You must maintain such documents of file, however, to support interim or post-audit of project expenses. Use Page 1 of this form to record Salary/Wage costs for this project. Suffolk County STOP-DWI Monthly Arrest Report Reporting Agency: . Month: Year: Total # of persons charged with 1192 Violations: Total # of charges for '.' 1192.1 1192.2 1192.2 & 3 1192.3 1192.4 :Total: Males Females , .T.o, ta11192 Violations by Day of Week Sunday Monday Tuesday Wednesday ' Thursday l~riday Saturday Total 1192 ,Violations by time intervals: 6:01am to 6:00 pm 6:01pm to 9:00 pm 9:01pm to 12:00 am 12:01 am to 3:00 am 3:01 am to 6:00 am Total 1192 Violations by age groups: Under 18 18 I9 20 21-24 25-29 30--34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70 & Over Total 1192 Violations bY B.A.C. # of refusals # of"results unavail.". .05 .06 .07 .08 .09 .10 .11 .12 .13 .14 .16 .17 .18 .19 .2O .21 .22 .23 .24 .25 .26 .27 .28 .29 .30 or greater __ EXHIBIT D SUFFOLK COUNTY STOP-DWI 2003 BUDGET SUMMARY Town of Southold ITEMIZED EXPENDITURE CATEGORIES SOURCE OF FUNDS STOP-DWI TOWN TOTAL SHARE SHARE SHARE A. Personnel Services- Bo Salaries $19,000.00 -0- Fringe Benefits -0- -0- Police Officer(s) at various rates established by public employees contracts Total of Personnel Services $19,000.00 Commodities Equipment -0- -0- Total. Commodities Cost -0- ~0- Total Personnel Services and Commodities -0- $19,000.00 -0- $19,000.00 -0- $19,000.00 $19,000.00 The total mount of this contract is to be expended on or prior to 12t31/03 in accordance with the submitted Work Plan or any approved revisions/modifications to the Work Plan and/or Budget as provided by the contract between the County and the Municipality. Ali other costs related to administration, staff support and related operational equipment are in-kind contributed by the Municipality. ~-- End of Exhibit D --- Law No. CE001M/00~-00R Rev. 02/24/03 STOP-DWI Municipal Enforcement Agreement No. 001-1234-4980-69-000~ IFMS No. SCS EXE 0000000 Agreement This Agreement, between the County of Suffolk (County), a mumcipal 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 of the County Executive/STOP-DWI Program (Department), located at H. Lee Dennison Building, 11ai floor, 100 Veterans Memorial Highway, Hauppauge, New York (mailing address: Box 6100, Hauppauge, New York 11788-0099) and Town of Southold (Contractor), a New York municipal corporation, having its principal place of business at Town Hall, 53095 Main Road, Southold, New York 11971-1682. The parties hereto desire to make increased enforcement of New York State vetficle and traffic laws relating to drinking and driving available to the County. Sufficient funding exists in the 2003 Suffolk County Operating Budget. Term of Agreement: Shall be January 1, 2003 through December 31, 2003 Total Cost of Agreement: Shall not exceed $19,000.00 Terms and Conditions: Shall be as set forth in Exhibit A and Exhibit entitled "Suffolk County Legislative Re- quirements Exhibit for Contracts" revised 1/23/03 attached. In Witness Whereof, the parties hereto have executed this Agreement as of the Iatest date written below. Town of Southol,d By: ~o~ ~>-/~,/~"-----~ By: [PleaSe print n~e ~d title under si~ature] Fed. T~ayer~g: I t- ~ X ~ Date: I Approved as to Form, Not Renewed as to Execution: Robe~ J. ~mino By: S~fo~ CounW A~orney By: Patricia M. Jordan Assistant County Attorney Date: County of Suffolk Eric A. Kopp Chief Deputy County Executive Approved: Eileen M Kremers STOP-DWI Coordinator Date: 03/19/03 WED 10:19 FAX ~002 ..SUFFOLK CQUNTY DEPARTMF, NT OF LABOR -, LIVING W_AGE UNIT NOTICE OF APPLICATION FOR .,COUNTY ASSlSTANCE(C°ntrac0 Li,Ang Wage Law~ Suffolk Couaty Code, Chapter 347 (2001) TO ,Be completed B_y Applicant/Em. p}oyer~contrac,tor 1) NAME: ~QIi~,N OF SOUTHOLD 2) VENDOR #: 11-600-1939 3) CONTRACT ID #: (if kn ow~0 (If lmowr0 4) CONTACT: Carlisle E. Cochran, Jr. 5) TELEPHONE #: 631 765-2600 Chief of Police, $outhold Town Police Department 6) ADDRESS: qlg05 Route 25~ PO Box 911 7) 8) P~'r'nnlc. ~. NY llqgR PROJECT NAME: (IF DIFFERENT FROM #1) ~IOP-DWl Program AMOUNT: _.$19,000.00 10) AWARDING AGENCY: Cm,nty of Suffnlk: Office of the County. Executive BRIEF DESCRIPTION OF PRO3-ECT OR SERVICE: The suppression off'drunk driving tbroua_h intensified police patrols to identify vehicle and traffic violations related to drunk driving, To' schedule Polic& office for overtime to patrol, duties exclusively to identify and arrest 'the intoxicated 11) ~ROJECTED EMPLOYMENT NEEDS: (attach a statement listing, by job classification, the total workforce dedicated to performing this contract or service, including calculation of estimated net increase or decrease in jobs as a result of this funding). 12) PROJECTED WAGE LEVELS: (attach a statement listing projected wage levels, compensated days off and medical benefits for total work, force dedieated to fulfilling the terms of this contract, broken down annually for each year of the term of the eontrac0. LW-1 FS river LW-1 FORM 12. Proieeted Wage Levels Attach a statement to LW-I' listing the following information: 1. Minimum hourly wage of a police officer - $14.64. 2. Minimum $$ benefit package cost - $7,853.52 per annum. 3. Minimum number of compensated days offofa police officer- 19 vacation days 4 persona~ cays 15 sick days 13 holidays S.~FOLK COUNTY DEPARTMENT OF LABOR-LIVING WA GE UNIT CERTIPICATION OF COMPLIANCE Living Wage Law, Suffolk County Code Chapter 347 (2001) To be ComPleted by Applicant/Employer/Contractor Fwe hereby agree to comply with all the pro¥isiorm of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and as such will provide to ali .full, part-time.or temporary employed persqns who pcrform work or render scrvi.ces on or for a project, matter, contract or subcontract where this company hms received Assistance, from the County of Suffolk as defined in the Law (Assistance), a wage rate of no less than $9.00 per hour worked wiffi health benefits, as described in the Law, or otherwise $].0.25 per hour or the rates as may be adjusted ammally in accordance with the Law. I/we further agree that any torrent or leasehold~r of this company that employs at least ten (10) persons and occupies property or uses equipment or properly that is improYed or deYeloped as a restdt of Assistance or any contractor or m~bcontractor of this company that employs at least ten (10) persons in producing or providing goods or services to this company that arc used in the project or matl;er for which tkis company has received Assistance shall comply with all the provisions of the Law, including those specified above. I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulation under thi~ chapter of the Suffblk County Code, iuvestigafi.og employee complaints of noncompliance and evaluating the operation and effects of this chapter, including the production for inspection & copying of payrolJ records for any or all employees for the term of the coatract or for live years, whichever period of compliance is longer. AR payroll and benefit records requk, ed by the County Will be maintained for inspection for a sirrrilar period of time. In addition, an annual report of employment activities, including relevant particulars of each covered employee, will be provided to the county for their flies. I declare under penalty ~f perjury under the Laws of the 8tote of New York that the undersigned i~t~rized to provid.tthis certification, and that the above is true and correct. /M--/~\I~'-----~ ~ 3119/03 Si~njture Date John M., Rnman~.lli. De.n[!t,v Supervisor Print Name & Title ..Town of SouthOld Company Name 631 .Phone # This certification is subrrJtted with proposal number County Vendor # (ifknov~) 11-~nowJ~,39 . Federal Employer from .(Awarding Agency). LW-2 R~v[~l 9/5/a2 ,SUFFOLK COUNTY DEPARTMENT OF LABOR.-LIVING WA,GE UNIT DECLARATION OF COMPLIANCE - SUBJECT TO AUDIT Living Wage Law, Suffolk County Code, Chapter 347 (2001) To B,e Completed By Applicant~, mployer/C0ntractor ? Vwe hereby agree to comply with alt the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (thc Law) and, as such, will provide to all full, part-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract where this company has received' Assistance, from the County of Suffolk! as defined in the Law (Assistance), a wage rate of no less than $9~00 per hem- worked with healfl~ benefits, as described ~ the Law, or otherwise $10.25 per hour or the rates as may be adjusted armu~ty i~ accordance with the Law. (Chapter 347-3 B) I/we further agree flint any tenant or Ieascholder of this company that employs at least ten (10) persons mad o~eupies property or uses equipment or property that is improved or developed as a result of Assistance or any contractor or subcontractor of this company that employs at least ten (10) persorm in producing or providing goods or services to this company that are Used in the project or matter for which this company has received Assistance shall comply with all the provisions of the Law, includiJ~.g those specified above. (Chapter 347-2) I/we further agree to pennit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliauee with regulation under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for any or all employees for the term of the contrac~ or for five (5) years, whichever period of complimace is longer. All payroll and benefit records required by the Comaty will be maintained i-bt inspection for a similar period of time. In addition, an armual report of employment activities, including relevemt particulars of each covered employee, will be provided to the County for their files. (Chapter 347-7 ~ The Comxty De~partment of Labor shall review the records of a~y Covered Employer at least once every three years to verify eo:mpliance w~th the provisiorts of the Law. (Chapter 3474 C) au~, :~-t~nder p~ of perjmry/u~jder the LaWs of the Sta~e of New York that the undersigned is S~~ ~/~'~/areDate3/19!~3 ' J.Ohn,,,M. Rnmanalll. nop,~_ty Supervisor Print Name & Title _ Town of Southold 631 765-1889 Company Name Fhone # County Vendor # (if knova0 11-600-1939 Federal Employer ID# LW-33