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HomeMy WebLinkAboutSuff Co/Economic Dev/#5968 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF IN-FORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 20, 2003 Judith M. McEvoy, Commissioner County of Suffolk Department of Economic Development H. Lee Dennison Bldg. 2~d Floor 100 Veterans Memorial Highway Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Ms. McEvoy: The Southold Town Board at their regular meeting held on June 17, 2003 adopted resolution number 362 authorizing the amendment for the extension for Service Contract #5968 for the Cutchogue Downtown Revitalization Programt A certified copy of this resolution is enclosed. In accordance with your instructions in your letter the three (3) copies of the agreement signed by Supervisor Horton are enclosed, t shall await the fully executed copy of this agreement. Thank you for your cooperation. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (3) cc: Supervisor Town Attorney Town Comptroller ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 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. 362 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 17, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an Amendment for Services Contract #5968 for the Cutchogue Downtown Revitalization Program, extending the contract until July 1, 2004, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk SUFFOLK COUNTY DEPARTMENT OF ECONOMIC DEVELOPMENT June 5, 2003 Robert J. Gaffne~y Suffolk County Executive George Gatta, Jr. Deputy County Executive for Economic Development Judith M. McEvoy Commissioner The Honorable Joshua Y. Horton Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Supervisor Horton: Enclosed please find three copies of the Downtown Revitalization Program's Round II Amendment for Service Contract #5968. As you requestedl your contract will be extended for one year from July 1, 2003 to June 30, 2004. Please sign all three copies and return them to me as soon as possible in order that we may complete the processing of this Amendment. Sincerely, .. ~Uodimthm~s ~i oM~rEV ° Y : JMM:bs Enclosures cc: Legislator Caracciolo Carolyn E. Fahey H. Lee Dennison Bldg., 2nd Floor, 1 O0 Veterans Memorial Highway, RO. Box 6100, Hauppauge, New York 11788-0099 631.853.4800 · outside Long Island: 1.800.762.GROW · fax 631.853.4888 Website: http://www, co.suffolk.ny, us · Emaih judith.mcevoy@co.suffolk.ny, us Law No. ED003M/0014-04YNA Rev. 06/05/03 Downtown Revitalization 2 Agreement 525-CAP-CAP C3XX-64007 IFMS No. SCS00000005968 Amendment No. 2 Amendment of Agreement This is the Second Amendment of an Agreement, last dated August 22, 2000, (Agree- ment) 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 Department of Economic Development {Department) located at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099, and Town of Southold (Municipality), a New York municipal corporation, having its principal place of business at P.O. Box 1179, Southold, NY 11971. The parties hereto desire to modify the Agreement by extending the term of the Agreement from July 1,2003 through June 30, 2004 and adding insurance provisions according to current County standards. Sufficient funding exists pursuant to Resolutions No. 486-2000 of the Suffolk County Legislature. Term of Agreement: Shall be July 1, 2000 through June 30, 2004 Terms and Conditions: Shall be as set forth in Exhibit A-2 attached and the Suffolk County Legislative Requirements Exhibit for Contracts last revised 3/3/03 attached hereto and made a part of the Agreement. In Witness Whereof, the parties hereto have executed this Second Amendment of Agreement as of the latest date written below. Town of Southold By: -..~.Z,/~_~~'' By: Title: '~ ~ ~.¢.. ~' ~ (~0 ~ Date: Fed. Taxpayer ID ~: ~-600~ag Date: 6/20/o3 Approved as to Form, Not Reviewed as to Execution: Robert J, Cimino By: Suffolk county A~orney By: Patricia M. Jordan Assistant County Attorney County of Suffolk Eric A. Kopp Chief Deputy County Executive Approved: Judith M. McEvoy Commissioner Date: Date: G:/bsauer/DOWNTOWN/DOWNTOWN 2/Round 2 amendment (2002).d0c , S.uff. olk County Legislative Requirements Exhibit for Contracts; last rev. 3t3/03 ! Suffolk County Legislative Requirements Exhibit for Contracts This exhibit is attached to and is made part of the contract executed with the County. 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) Sexual Abuse Reporting Policy · Resolution No. 543 - 2002, Establishing Universal Child Sexual Abuse Reporting Policy for Suffolk County (4 pages) o Resolution No. 819 -2002, Modifying Universal Child Sexual Abuse' Reporting Policy for Suffolk County (2 pages) ill IV Gratuities Suffolk County Local Law No. 32-1980, Chapter 386 of the Suffolk County Code, entitled "Political Parties, Gifts to Officials Off' (2 pages) Contractor'sNendor's Public Disclosure Statement Form SCEX 22; rev. 7/16102 (form consists of two pages; requires signature & notarization). Note: The Contractor'sNendor'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). Suffolk County'Living Wage Documents Suffolk County Living Wage Requirements Exhibit 'As Last R~v'ised by the Suffolk County Departme,nt 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 S~ction 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"), 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 p~ovisions 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, fo~ 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) Fo~,~ LW-1 (consists of I page) Suffolk County Dl~partment of Labor - Living Wage Unit Certification of Compliance Fo[m 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 Fo[~-~ LW-5 (consists of 2 pages) 1 of 2 pages Suffolk County Living Wage Requirements Exhibit As Las,{ R(~vised 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 Fof'ii~ LW-33 (consists of I 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-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 Fom~ LW-1, LW-2 and Form LW-G. __. · 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 s[~pplement prior submissions of Living Wage forms. · Living Wage Law I nfom-~ation Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations can be found on the Suffol~ 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 psges SUFFOLK COUNTY DEPAR~NT OF LABiOR.- LIVING WAGE UNIT NOTICE OF APPLICATION FOR COUNTY ASSISTANCE (Contrac0 Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By Applicant/Employer/Contractor 1) NAME: 2) VENDOR#: 4) CONTACT: 6) ADDRESS: (If known) 3) CONTRACT ID #: (If known) 5) TELEPHONE #: 7) PROJECT NAME: (IF DIFFERENT FROM #1) ' ' 8) AMOUNT: I0) BRIEF DESCRIPTION OF PROJECT OR SERVICE: 11) PROJECTED.EMPLOYMENT NEEDS: (attach a statement listing, by job dassitication, the total workforce dedicated to p~erforming this contract or service, inclUding calculation of estimated net increase or decrease.in jobs as a result of this fundi,'ng). 12) PROJECTED WAGE LEVELS: (attach a statement listing projected, wage levels, compensated days off and medical benefits for total workforce dedicated to fulfilling the terms of this contract, broken down annually for each year of the term of the contrac0. Revised 9/5102 SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING WAGE UNIT CERTIFICATION OF COMPLIANCE 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 provid~ 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 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. · I/we fmther agree that any tenant or leaseholder of tiffs 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, inclucting 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 this chapter of the Suffolk County Code, investigating employee complaints'of n0ncomplianee 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 t~or five 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 releJant particulars of each covered employee, will be provided to the county for their files. 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 corr6ct. Signatur~ Print Name & Title Company Nar~ ' Ph6ne # Date · Fefleral Employer ID~ This certification is submitted with'proposal number fl-om ~-V~'t~,~e~':F" (Awarding Agency). LW-2 Revised 915102 County Vendor. # (ii'known) SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT CERTIFICATION OF THE NON-APPLIC'ABIIJTY OF ~ LMNG WAGE LAW Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By Applicant ( Employer ) 1) EMPLOYER NAME: 2) ADDRESS: 3) 5) contracting Depa~rtment}. 7) AMOUNT OF CONTRACT: 9) CONTACT: 4) TELEPHONE #: PROJECT NAME: ( IF DIFFERENT FROM #1) ORIGIN OF ASSISTANCE SOUGHT:' (e.g., State or County assistance program and 8) TERM OF CONTRACT: BRIEF DESCRIPTION OF PROJECT OR SERVICE: 10) PROJECTED EMPLOYMENT NEEDS: (attach a statement of projected needs by job classification, under the prospective assistance, including calculation of estimated net increase or decrease in jobs as a result of assistance). Reason Living Wage Law is not applicable: I hereby attest that the provisions of Suffolk County Local Law No. 12-2001, the Suffolk_ County Living Wage Law, are not applicable to this agency, organization, employer, contract or assistance applied for. 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 attestation is true and correct. Signature Date Print Name & Title Vendor # , ~ee Reverse for Contracts Covered by the Lay4 LtU-3 Excerpt tromLi¥ing Wage Law, Suffolk County Code, Chapter 347 - 2 :"Any grant, loan, tax incentive or abatement, bond financing subsidy or Other form of assistance of more than $50,000 which is realized by or provided to an employer of at least ten (10) employees by or through the authority or approval of the County of Suffolk, or "Any service contract or subcontract, let to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or commodities) which involve an expenditure equal ~to or greater than $10,000. For the purposes of this defirfition, the mount of expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not an "assistance" for the purposes of this definition2' LW-3 Revised 915/02 SUFFOLK COUNTY DEPARTMENT OF LABOR--LIVING WAGE UNIT REQUEST FOR GENERA[_, LIVING WAGE EXEMPTION Living wage Law, Suffolk County Code,. Chapter 347 (2001) To Be Completed By Applicant/Employer/Contractor BASIS FOR .4 GENERAL EXEMPTION EXEMPTIONS MAY BE GRANTED BY THE. SUFFOLK COUNTY DEPART1WENT OF LABOR WHERE APPLICATION OF THE LIVING WAGE LAW TO A PARTICULAR FORM OF ASSISTANCE IS FOUND BY THE COUNTY TO VIOLATE SPECIFIC STATE OR FEDERAL STATUTORY, REGULATORY OR CONSTITUTIONAL PROVISION OR PROVISIONS. NAME: REPRESENTATATIVE: ADDRESS: DATE: TELEPHONE #: AWARDING AGENCY: TYPE OF CONTRACT: AMOUNT OF AWARD: i) TOTAL ESTIMATED ANNUAL BUDGET: CONTACT: TERM OF CONTRACT: (a) WITH EXEMPTION: Co) WITHOUT EXEMPTION: 2) ANNUAL COST OF. APPLICATION OF.THE LIVING WAGE LAW: Il(b).-l(a)] (c) 3) PERCENTAGE INCREASE OF TOTAL ANNUAL BUDGET IF THE APPLICATION FOR EXEMPTION IS DENIED: '[2 (c) + l(a)] ~ (d) 4) NUMBER OF EMPLOYEES AFFECTED BY THE APPLICATION OF THE LIVING WAGE REGULATIONS TO APPLICANT: (e) - PARTICUI,,4RS OFEXEMPTION The type of contract to which the Living Wag~ Law applies: specific or official name of the program:. (Chapter 34%13 1~1) (Chapter 347-13 B2) The statutory or regulatory authority for granting the contract*: (Chapter 347-13 B2) The conflicting statutory, regulatory or constitutional provisibn(s) that makes compliance with the Living Wage Law unlawful*: (Chapter 347-13 B3) * Enclose a copy of each provision and any factual explication & analysis of how compliance with Living Wage Law would violate the cited provision(s) and the legal consequences that would attach if this violation were to occur. LW-4 Revised 9[5/02 SUFFOLK COUNTY DEPARTMENT OF LABOR-.LIVING WAGE UNIT REQUEST FOR SPECIFIC LIVING WAGE EXEMPTION Living Wage Law, Suffolk County Code, Chapter 347 (2001) NAME: REPRESENTATIVE:. ADDRESS: To Be Completed By Applicant/Employer/Contractor DATE: TELEPHONE #: I AWARDING AGENCY: AMOUNT OF AWARD: CONTACT: TERM OF CONTRACT: BASIS FOR SPECIFIC EXEMPTION 1) YOUTH - Must submit proof On separate sheet of the following: Beneficiary is an organi?afion that regularly employs individuals under the ageOf21 in a summer youth or school-to-work program. Exemption applies only to such employees. (Chapter 347-13 A2) 2) SEASONAL EMPLOYMENT - Must Submit proof on separate sheet of the following: Beneficiary is a not-for,profit (IRS 501c) organization that employs seasonal employees. May be granted a permanent exemption with respect to these employees with submission of proof that employees are "seasonal" as defined in the Law. (Chapter 347-13 A4)' 3) NOT FOR PROF/T** - Must submit proof on separate sheet of the following: a) Beneficiary is a not-for-profit (IRS 501p) organization that provides proof that the highest paid employee of the corporation earns a salary which,· calculated on an hourly basis, is less than six times the lowest wage or salary paid by the corporation (Chapter 347-13 A3a) OR b) Beneficiary is a not-for-profit (IRS 501c) or~mization that demonstrates that fulfilling the requirements of the Living Wage Law will present a hardship, directly'increasing the expected total annual budget in an amount greater than 10% of the prior year's adopted budget. (Chapter 347-13 A3b) · ** NOTE: THE INFORMATION ON REVERSE SIDE MUST BE COMPLETED FORNOTFOR -PRO~IT REQUESTS AS DESCRIBED IN 3(a) OR 3 (b) ABOVE CONTINUED LW-5 REQUEST FOR SPECIFIC LIVING WAGE EXEMPTION REMINDER: -THE FOLLOWING INFO~TION MUST BE COMPLETED FOR EXEMPTION REQUESTS AS DESCRIBED IN SECTIONS 3 (a) OR 3 (b) ON REVERSE SIDE. 1) TOTAl, ESTIMATED ANNUAL BUDGET: WITH EXEMPTION WITHOUT Exqr. MPTION. 2) ANNUAL COST OF APPLICATION OF LIVING WAGE LAW TO EMPLOYER: [ subtract 1 (a) from 1 (b) ! (c) 3) PERCENTAGE INCREASE OF TOTAl, ANNUAL BUDGET IF EXEMPTION IS DENIED: [ 2 (c) + 1 (a) ] - . (d) 4), NUMBER OF EMPLOYEES AFFECTED BY THE LIVING WAGE LAW: .z (e) LW-5 Revised 915102 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 l/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 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 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 o.f 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 ber~efit 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 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 I~D# LW-33 !i 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 Ihtroduced by Legislators Cooper, Postal, Bishop, Fisher, Fields, tindsay, Binder, Foley, Presiding Officer Tonna, Nowick, Caracciolo, Caracappa, Crecca RESOLUT/ON NO. 543 - 2002t ESTABI..ZSHING UNIVERSAL CHILD SEXUAL ABUSE REPORTZNG POLTCY FOR SUFFOLK COUNTY WHEREAS, innocent children are in urgent need of protection against sexual abuse within the County of Suffolk; now, therefore be it ~,t RESOLVED, that the County of Suffolk hereby establishes a formal child sexual abuse reporting poliO/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, .~oint 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) of the NEW YORK PENAL LAW; 3.) Rape in the first degree, Section 130.35 (less than eleven (1:1) years 0Id) 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 130.45 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; 6.) Sodomy in the first degree, Section 130.50 (less than eleven (1:1) years old) of the NEW YORK PENAL LAW; 7.) ~'exual 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; 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 (:[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.) 15.) 16.) 17.) 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; Forcible touching, Section 130.52 (sexual or intimate part~) of the NEW YORK PENAL LAW; '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 For the p~Jrposes of this R~solution, 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; Hinor 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 organization, or other entity receiving payment from the County of Suffolk, either directly or as a conduit for payment fromFanother 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 ~buse 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 130.25 (less than sevJ~teen (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 I_AW; 5.) 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 130.50 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 7.) 8.) 9.) lo.) ~1,) ~z.) 1~.) 14.) 15.) 16.) i7.) 18.) 19.) 20.) E.) F.) Sexual abuse in the third degree, Section 130.55 (less than seventeen (17) 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 (11) years old) of the NEW YORK PENAL LAW; 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; 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 (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; 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 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; Aggravated sexual abuse in the fourth degree, Section 130.65-a (less;than seventeen (17) 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 [AW; 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, condiUons, 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 Rasolution 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 ail supervisory, administrative, and management employees of such ~ontract 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, 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 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; and be it further 4u~ RE~OLVED, 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 N¥CRR) and within the meaning of SeCtion 8-0~L09(2) :of the NEW YORK ENVIRONFIENTAL 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-applicability or non-significance in accordance with this resolution. DATED: ]une t:[, 2002 APPROVED BY: /s/Robert .). Gaffney County Executive of Suffolk County Date of Approvah June 21, 2002 Intro. Res. No. 1862-2002 Laid on the Table 8/6/2002 Introduced by Legislator Cooper RESOLU'I"~ON NO. 8~.g I- 2002, MOD'ZFYING UNIVERSAL Cfll'LD SEXUAL ABUSE REPORT'ING POLICY FOR SUFFOLK cOUNTY WHEREAS, Resolution No. 543-2002 established A Universal Child Sexual Abuse Reporting Polio/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 1st RESOLVED, that Paragraphs (D) and (E) of the 1~ RESOLVED clause of Resolution No. 543-2002 is hereby amended to read as follows: 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 minoi~ 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 bid) 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 . (ZT) years old) of the NEW YORK PENAL LAW; 5.) 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 130.50 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 70 Sexual abuse in the third degree, Section 130.55 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; 80 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 L~W; 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; D.) iii Gratuities §386-1 GIFTS TO PARTY OFFICIALS CHAPTER 386 POLITICAL PARTIES, GIFTS TO OFFICIALS OF §386-1 § 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 LL. 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 properly. The tem~ "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 POLITICA~ 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, ageCs or representatives. POLITICAL PARTY -A party as defined by § 1-104, Subdivision 3, of the Election Law. § 386-2. A. 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 secUdng 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 I of 2 B. 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 secudng 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. A. §386-5. 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 pdson 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 coLmtY thereunder. 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 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'sNendor's Name Address City and State .Zip Code Contracting Department's Name Address 4. 5.a 5.b Payee Identification or Social Secudty No. Type of Business Corporation Partnership Sole Proprietorship .Other Is your firm entering into or has your fim~ 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.) List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the fim~. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). Does your firm derive 50% or more of its total revenue from your contractural or vend6, 10. relationship with Suffolk County? Yes No. If Yes, you must submit with this di'sclosure statement, a complete financial statement listing all assets and liabilities as well as a prof'~ and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out ii 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 vedfied 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 I1 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 bwn knowledge, tree. Dated: Pdnted Name of Signor:. Title of Signor: Name of Firm: Signed: Individual Proprietorship or Partnership Acknowledgement State of County of On the ) ) SS: ) 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 ) On the day of say that he/she resides in SS: , 20 , before me personally came ., to me known, who being duly sworn, did dispose and - , 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. 7/16/02) 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. 14-1976, as amended 2.27-1979 by L.L. No. 6-1979] A. Definitions./ks 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 §ervices 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, _pa.;tnership 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. I Editor's Note: This local law was adopted by the legislature after disapproval by the Executive on 5-26-t 993. 2 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 12-t3-1990- 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 Do (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 vedfied 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. 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 Comptroller to accept and file such statements. E. No contract shall be awarded to any contractor or vendor, as defined in this section, unless prior to 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 all purposes, a failure'~o 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) 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 pdor 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 vedfied public disclosure statement as required under this section shall constitute a matedal breach of contract. Suffolk County may resod, 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