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HomeMy WebLinkAboutNutrition Program ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 7~S5-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 5, 2003 Leonor Hunter Fiscal Admin/strator Office of the County Executive H. Lee Dennison Building Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Ms. Hunter: The Southold Tox~Tn Board at their regular meeting held on April 22, 2003 ad(3pted resolution no. 244 authorizing the III-C Nutrition Program Agreement. A certified copy of this resolution is enclosed. Three O) copies of Agreement~,~7_~~234-7152 signed by SuperviSor Horton are enclosed. Please forward a co~3/o'~Fthe~lI~-~ecuted agreement to my office for filing. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (3) ELIZABETH A. NEVILLE TOWN CLERK REGISTP~AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOI~VIATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765~6145 Telephone (631) 765-1800 southoldt own.nor~hfork.net OFFICE OF THE TOWN. CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 244 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 22, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute the agreement between the Suffolk County Office for the Aging and the Town of Southold, for the III-C Nutrition Program, IFMS No. SCS EXE 03000007152, for the period of January 1, 2003 through December 31, 2003. at a total cost of the agreement not to exceed $57,900.00 annually, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk Office of the County Executive Human Services Division Robert J. Smith Director County of Suffolk Robert J, Gaffney Suffolk County Executive Office for the Aging Holly S. RhodeS.Teague Director April 7, 2003 The Honorable Joshua Y. Horton Supervisor Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York 11971 IIIC Nutrition Program IFMS No. SCS EXE 03000007152 Dear Supervisor Horton: Three copies of the Agreement referenced above are enclosed. Also enclosed find a copy of form LW-33. Please sign all three copies of the Agreement and form LW-33, and return them as soon as possible. In addition, a current copy of your Certificate of Insurance must be submitted to this office upon renewal. One fully executed Agreement will be forwarded to you as soon as the signature process has been[ completed. If you require any further information, please contact Mary-Valerie Kempinski at 853-8209. Sincerely, Leonor Hunter Fiscal Administrator LH:MVK:lw Enclosures cc: Karen McLaughlin (631) 853-8200 H. Lee Dennison Building · 100 Veterans Memoria Highway · P.O. Box6100 · Hauppauge, New York 11788-0099 · FAX 853-8225 Over 25 years as the designated Area Agency on Aging Providing Services for Older Citizens 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 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 sen, ices 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 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 a~ee 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 to 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 347-4 C) I declare ur~der penalty of perjury under the Laws of the State of New York that the undersigned is authorized ~o provide this certification, and that the above is tree and correct. Print Name & Title County Vendor # (if known) Town of Southoid 631-765-1889 11-600-1939 Company Name Phone # Federal Employer ID# LW-33 Law No. AG004M/0003-03YRB ReV. 4/4/03 IllC Nutrition Program IFMS No. SCS EXE 03000007152 No. 001-6790-4980-95284-7152 Second Amendment Amendment of Agreement This is the Second Amendment of an Agreement, last dated November 30, 2001, (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 for the Aging (Aging), having its principal office at the H. Lee Dennison BUilding - 3rd Floor,. 100 Veterans Memorial Highway, Hauppauge, New York (Mailing address: P.O. Box 6100, Hauppauge, New York 11788-0099), and the Town of 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 extend the term of the Agreement from December 31, 2001 through December 31, 2003 (the period January 1, 2003 through December 31, 2003 being hereinafter called the 2003 Extension Period), as set forth herein. Sufficient funding exists in the 2003 Suffolk County Operating Budget. Term of Agreement: Shall be January 1, 2001 through December 31, 2003. Total Meals: Daily Congregate Midday Meals: 69 Not to Exceed $57,900 Annually Total Cost of Agreement: Shall not exceed $173,700, (of which $57,900 is for the 2003 Extension Period). Terms and Conditions: Shall be as set forth in Exhibit A-2003 and the Exhibit entitled "Suffolk County Legislative Requirements Exhibit for Contracts" revised 1/23/03, attached. In Witness Whereof, the parties hereto have executed this Second Amendment of Agreement as of the latest date written below. Town of Southold Josh~'Y. Horton ' SuC'envisor Fed. Taxpay~r~iD #:/! 1-6001939 Approved as to Form, Not Reviewed as to Execution: Robert J. Cimino Suffolk County Attorney By: Jonathan Bloom Assistant County Attorney County of Suffolk By: Eric A. Kopp Chief Deputy County Executive Date: Approved: By: Date Holly S. Rhodes-Teague Director, Office for the Aging Recommended: Date By: Maureen Porta Date Senior Citizen Program Administrator II AG 4 B (4/03) Page 1 ag4 sohold 3c 03.doc Law No. AG004M/0003.03YRB ReV. 4/4/03 IIIC Nutrition Program IFMS No. SCS EXE 03000007152 No. 001-6790-4980-95284.7152 Second Amendment Exhibit A-2003 Whereas, the County and Contractor have entered into an Agreement (Law No. AG004M/0003- 03YR), last dated November 30, 2001, for a term from January 1, 2001 through December 31, 2001 for senior citizen nutrition program(s) at a Total Cost of $57,900; and Whereas, the County and Contractor have entered into a First Amendment of Agreement (Law No. AG004M/0014-03YRA), extending the term from December 31, 2001 through December 31, 2002 and (at an additional cost of $57,900) increasing the Total Cost of the Agreement to $115,800; and Whereas, the parties hereto desire to modify the Agreement and First Amendment of Agreement, extending the term from December 31, 2002 through DeCember 31, 2003 and (at an additional cost of $57,900) increasing the Total Cost of the Agreement to $173,700, as set forth below, and; Now, Therefore, in consideration of the covenants, promises and consent herein contained, the parties hereto agree as follows: 1. Term of Agreement: The Term of Agreement paragraph on page 1 of the Agreement is amended to read January 1,200t through December 31, 2003 as set forth on the page 1 of this Second Amendment of Agreement. 2. Suffolk County Legislative Requirements Exhibit for Contracts: The Exhibit entitled "Suffolk County Legislative Requirements Exhibit for Contracts" revised 1/23/03 annexed hereto is made part of the Agreement. 3. Meals: Effective as of the beginning of the Extension Period, the approximate daily number, and the maximum annual number, if any, of Congregate and/or Home-Delivered Meals included in the Program shall be as set forth on the cover page of this Second Amendment of Agreement. 4. Payment of Services: The Total Cost of Agreement $173,700 is comprised as follows: · (a) $57,900 for calendar year 2001; (b) $57,900 for calendar year 2002; (c) $57,900 for calendar year 2003 5. Rate Page: The rate at which the Contractor shall be paid for this Extension Period is set forth for calendar year 2003 in Exhibit C to the Agreement. 6. 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 he has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code): 7. Except as herein amended, all other representations, terms and conditions of said Agreement, including any and all amendments or budget modifications executed prior to the dale hereof, are hereby ratified and confirmed to be in full force and effect. -- End of Text- AG 4 B (4/03) Page 2 ag4 sohold 3c 03.doc 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). III 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 IV · 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'/~/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. 1. Contractor's~endor's Name Address / City and State Contracting Department's Name Address Zip Code 5.b Payee Identification or Social Security No. Type of Business Corporation PartnershipSole 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 parts 6 through 9. In any event you must answer parts 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 all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.) m 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 derive 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 1 of 2 SCEX Form 22 12. 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 !1 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. 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 A§-7 § A5-7. Contractors and vendors required to submit full disclosure statement. [Derived from L.L. No. 14-1976, 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. 28-1993~] 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 12-18-1990 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. 1 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. 3 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 5-26-1993. 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 prior 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 the duty of the Cornptroiler to accept and file such statements. No contract shall be awarded to any contractor or vendor, as defined in this section, unless priorto such award a verified public disclosure statement is filed with the Comptroller as provided in this section. Any verified public disclosure statement containing fraudulent information shall constitute, for ail purposes, a failure to file such statement in the first instance. F. The verified public disclosure statement required, by this s.ection 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 ali' 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) A complete.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. G. 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 II Suffolk County Living Wage Documents Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-200I, "A Local Law to Implement Living Wage Policy for the County of Suffolk" (the "Living Wage Law"),'all 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 $10.25 per hour. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law, of the County of Suffolk. Under the provisions of the. Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Suffolk County Local Law No. 18-'2002, "A Local Law to Implement Living Wage Policy for the County of Suffolk" provided for certain amendments to the Living Wage Law. Forms for Completion and/or Signature (as applicable) Suffolk County Department of Labor - Living Wage Unit Notice of Application for County Assistance (Contract) Form LW-1 (consists of 1 page) Suffolk County Department of Labor - Living Wage Unit Certification of Compliance Form LW-2 (consists of 1 page) Suffolk County Department of Labor- Living Wage Unit Certification of the Non-Applicability of the Living Wage Law Form LW-3 (consists of 2 pages) Suffolk County Department of Labor- Living Wage Unit Request for General Living Wage Exemption Form LW-4 (consists of 1 page) Suffolk County Department of Labor- Living Wage Unit Request for Specific Living Wage Exemption Form LW-$ (consists of 2 pages) 1 of 2 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 Corn pliance - 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 part 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-1, Form LW-2 and Form LW-$3. 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 End of Text for Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 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) To 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, pan-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 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 fbr 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 to 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 far 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 347-4 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 true and correct. Signature Date Print Name & Title County Vendor # (if known) Company Name Phone # Federal Employer ID// LW-33 !11 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 contracts. 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 all 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 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 such person has read and is familiar with the provisions of this chapter. § 386-4.. Penalties.for offenses. 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 ($I,000) or by both such fine and imprisonment. 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. 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) Intro. Res. No. 1508-2002 Laid on the Table 4/25/2002 Introduced by Legislators Cooper, Postal, Bishop, Fisher, Fields, Lindsay, Binder, Foley, Presiding Officer Tonna, Nowick, Caracciolo, Caracappa, Crecca RESOLUTTON NO. 543 2002, ESTABLZSHZNG UNZVERSAL CHTLD SEXUAL ABUSE REPORTZNG POLZCY 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, joint 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 an,/ member of the clergy, involving any of the following sex offenses: 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) 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.) s.) 6.) 7.) 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; Sodomy in th'e first degree, Section :130.50 (less than eleven (11) years old) of the NEW YORK PENAL LAW; Sexual abuse in the third degree, Section :130.55 (less than seventeen (17) 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; 9.) Sexual abuse in the first degree, Section 130.65 (less than eleven (11) years old) of the NEW YORK PENAL LAW; lO.) 11.) Aggravated sexual abuse in the third degree, Section 130.66 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 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.) D.) :1.4.) 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; 150 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 PENAL 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 fourteen (14) years old) of the NEW YORK PENAL LAW.; 18.) 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 :[30.90 (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; All supervisory, administrative, or management employees of any individual, partnership, corporation, joint venture, business organ,!zation, 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 the New, York State Child Protective Services Child Abuse Registry at 1-800-342-3720 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: 1,) Rape in the third degree, Section :[30.25 (less than seventeen (:[7) years old) of. the NEW YORK PENAL LAW; 2.) Rape in the second degree, Section 130.30 (less than fourteen (14) 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; s.) Sodomy in the second degree, Section 130.45 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; Sodomy in the first degree, Section 130.50 (less than eleven (1:[) years old) of the NEW YORK PENAL LAW; E.) F.) G.) 7.) Sexual abuse in the third degree, Section 130.55 (less than seventeen (17) 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, Section 130.65 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 10.) 11.) Aggravated sexual abuse in the third degree, Section 130.56 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 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 YOR~( PENAL LAW; and 14.) Course of sexual conduct against a child in the second degree, Section 130.80 (less than eleven (11) years old) of the NEW' YOR~: PENAL LAW; lS.) 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 PENAL 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 fourteen (14) years old) of the NEW YORK PENAL LAW; 18.) 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; 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 1-800-432-3720 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; 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; 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 Resolution to supervisory, management, or designated administrative perscnnel 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 ail 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 skills 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; B.) Second violation within a three (3) year period subsequent to a first violation: the contract vendor shall be subject to a fine of ten (:10%) percent of the contracts that the pertinent 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, ;)artnership, 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 3rd' RESOLVED, that the Suffolk County Department of Law is hereby authorized, empowered, and directed to issue and promulgate such rules and regulations as shall be deemed necessary and appropriate to implement the provisions of this Resolution; a nd 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 I! 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 8-0:~09(2) of the NEW YORK ENVIRONMENTAL CONSERVAT!ON 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 (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution. DATED: 3une 11, 2002 APPROVED BY: /s/Robert .1. Gaffney County. Executive of Suffolk County Date of Approval: .~une 21, 2002 Intro. ?,es. No. 1862-2002 Laid on the Table 8/6/2002 Introduced by Legislator Cooper RESOLL1TZON NO. Big - 200:2, btOD]~FYZNG UNT. VERSAL CHILD SEXUAL ABUSE REPORTTNG POLTCY FOR SUFFOLK COUNTY ~NHEREAS, 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 'dVHEREA$, 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 1st 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 911 or the pertinent village, town, or county_Police Department 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: 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) 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; 5.) Sodomy in the second degree, Section 130.4.5 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; 6.) 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 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; 9.) -~axual 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; 130 Course of sexual conduct against a child in the first degree, Section 130.75 (less tt~an eleven (11) years old)' of the NEW YORK PENAL LAW; and 140 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; 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 I~ EW YORK PENAL 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 fourteen (14) years old) of the NEW YORK PENAL LAW; 18.) Aggravated sexual abuse in the fourth degree, Secti6n 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; 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; and be it further 2-d RESOLVED, that all other provisions of Resolution No. 543-2002, as amended, shall remain in full force and effect; and be it 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 II 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 ENVTRONMENTAL 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 (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-a pplicability or non-significance in accordance with this resolution. 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