HomeMy WebLinkAboutNutrition Program (SNAP) ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS ~LhNAGEMENT OFFICER
FREEDOM OF INFORMATION 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
Leonor Hunter
Fiscal Administrator
County of Suffolk
Office for the Aging
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Ms. Hunter:
The Southold Town Board at their regular meeting on June 17, 2003 adopted
resolution no. 373 authorizing the Supplemental Nutrition Assistance Program (SNAP) a
certified copy of which is enclosed. Also enclosed are three (3) copies of the agreement that
have been signed by the Supervisor Horton. Please return a fully executed copy to my office
for filing. Thank you.
Very truly yours,
Elizabeth A. Neville
Southotd Town Clerk
Enclosures (3)
K. McLaughlin
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. 373 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 the Supplemental Nutrition Assistance Program
(SNAP) contract with the County of Suffolk IFMS No. SCS EXE 03000006931 for the period
April 1, 2003 through March 31, 2004.
Elizabeth A. Neville
Southold Town Clerk
Office of the County Executive
Human Services Division
Robert J. Smith
Director
County of Suffolk
Robert O. Gaffney
Suffolk County Executive
Office for the Aging
Holly S. Rhodes-Teague
Director
June6,2003
The Honorable Joshua Y. Horton
Supervisor
Town of Southold
53095 Main Road, P.O. Box 1179
Southold, New York 11971
RE: Supplemental Nutrition Assistance Program
IFMS No. SCS EXE 03000006931
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 Memorial Highway · P.O, Box 6100 · Hauppauge, New York 11788-0099 · FAX 853-8225
Over 28 years as the designated Area Agency on Aging Providing Services for Older Citizens
SUFFOLK COUNTY DEPARTMENT OF LABOR -LIVLYG WAGE UNIT
DECLARATION OF COMPLIANCE - SUBJECT TO AUDIT
Living Wage Law, Suffolk Count3, Code, Chapter 347 (200I)
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 lo 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 SuffoIk as defined in the
Law (Assistance), a wage rate of no ]ess than $9.00 per hour worked with health benefits, as descr/bed
in the Law, or otherwise $10.25 per hour or the rates as may be adjusted annually in accordance with the
Law. (Chapter 34%3 B)
Vwe further a~ee that any tenant or leaseholder of this company that employs at least ten (] 0) 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 seryices 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 34%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 ali employees for the term of the contract or for five (5) years, whichever period of
compliance is longer. All payroll and benefit records required by the County will be maintained for
inspection for a similar period of time. In addition, an annual report of employment activities, including
relevant particulars of each covered employee, will be provided to the County for their files. (Chapter
347-7 E)
The County Department of Labor shall review the records of any Covered Employer at least once every
three years to verify compliance with the provisions of the Law. (Chapter 3474 C)
I declare under penalty of perjury under the Laws of the State of New York that the undersigned is
authorized to provide this certification, and that the above is true and correct.
Signa Date
Print Name & Title
Company Name
Phone #
County Vendor # (if known)
Federal Employer ID#
LW-33
Law No. AG004M/0020-04YRB
Rev. 6/4/03
Supplemental Nutrition Assistance Program
IFMS No. SCS EXE 03000006931
No. 001-6774-4980-95284-6931
Second Amendment
Operating Budget.
Term of Agreement:
Total Meals:
Amendment of Agreement
This is the Second Amendment of an Agreement, last dated July 2, 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 munioipal
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 March 31, 2003 through
March 31, 2004 (the period April 1, 2003 through March 31, 2004 being hereinafter called the
2003/2004 Extension Period), as set forth herein. Sufficient funding exists in the 2003 Suffolk County
Total COst of Agreement:
Terms and Conditions:
Shall be April 1, 2001 through Mamh 31, 2004.
Daily Home-Delivered Meals:
150 - 5 days per week - midday
100 meals for 25 people - weekends
Shall not exceed $368,550, (of which $122,850 is for the 2003/2004
Extension Period).
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
By:
/0o~hua Y. Horton
Su pervisor
Fed. Taxpayer, iD #: 11.-6001939
Date:
Approved as to Form, Not
Reviewed as to Execution:
Robert J. Cimino
Suffolk County Attorney
By:
Jonathan Bloom
Assistant County Attorney
Date
County of Suffolk
By:
Eric A. Kopp
Chief Deputy County Executive
Date:
Approved:
By:
Holly S. Rhodes-Teague
Director, Office for the Aging
Recommended:
By:
Date
Anna Prencipe Date
Assistant Food Service Supervisor
AG 4 B (4/03)
Page 1
ag4 sohld 03--04
Law No. AG004M/0020-04YRB
Rev. 6/4/03
Supplemental Nutrition Assistance Program
IFMS No. SCS EXE 03000006931
No. 001-6774-4980-95284.6931
Second Amendment
Exhibit A-2003
Whereas, the County and Contractor have entered into an Agreement (Law No. AG004M/0020-
04YR), last dated July 2, 2001, for a term from Apdl 1, 2001 through March 31, 2002 for senior citizen
nutrition program(s) at a Total Cost of $122,850; and
Whereas, the County and Contractor have entered into a First Amendment of Agreement (Law No.
AG004M/0020-04YRA), extending the term from March 31, 2002 through March 31, 2003 and {at an
additional cost of $122,850) increasing the Total Cost of the Agreement to $245,700; and
Whereas, the parties hereto desire to modify the Agreement and First Amendment of Agreement to
extend the term from March 31, 2003 through March 31, 2004 and (at an additional cost of $122,850)
increasing the Total Cost of the Agreement to $368,550, 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 Apreement:
The Term of Agreement paragraph on page 1 of the Agreement is amended to read April 1, 2001
through March 31, 2004 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 Agreementl
4. Payment of Services:
The Total Cost of Agreement $368,550 is comprised as follows:
(a) $122,850 for program year 2001/2002;
(b) $122,850 for program year 2002/2003;
(c) $122,850 for program year 2003/2004;
5. Rate Page:
The rate at which the Contractor shall be paid for this Extension Pedod is set forth for program
year 2003/2004 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 date hereof, are
hereby ratified and confirmed to be in full force and effect.
-- End of Text --
AG 4 B (4/03) Page2
ag4. sohld 03-04
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: Th e 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 Cod e Section A5-7 (consists of 3 pages).
III
IV
Suffolk County Livin g Wage Requirements
"Suffolk County Living Wage Requirements Exhibit As Last Revised by the
Suffolk County Department of Labor on 10/22/02" (2 pages).
Suffolk County Department of Labor - Living Wage Unit
Declaration of Compliance - Subject to Audit
Form LW-33 (consists of 1 page)
Gratuities
Suffolk County Local Law No. 32-1980, Chapter 386 of the Suffolk County
Code, entitled "Political Parties, Gifts to Officials Of" (2 pages)
Sexual Abuse Reporting Policy
Resolution No. 543- 2002, Establishing Universal Child Sexual Abuse
Reporting Policy for Suffolk County (4 pages)
Resolution No. 819- 2002, Modifying Universal Child Sexual Abuse
Reporting Policy for Suffolk County (2 pages)
Contractor's/Vendor's Public Disclosure
statement Documents
Suffolk County SCEX Form 22
Contractor'pendor'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 'Zip Code
=
Contracting Department's Name
Address
Payee Identification or Social Security No.
5.b
Type of Bus ness Corporation Partnership Sole ProprietorshipOther
Is your firm entering into or has your firm entered into a contrac[ 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 ail 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.)
7. 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).
8. Does your firm derive 50% or more of its total revenue from your contractural or vendor
10.
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. (Stdke 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
~11. Remedies. The failure to file a verified public disclosure statement as required under
this local law shall constitute a material breach of contract. Suffolk County may resod,
use or employ any remedies contained in Article II of the Uniform Commercial Code of
the State of New York. In addition to all legal remedies, Suffolk County shall be entitled,
upon a determination that a breach has occurred, to damages equal to fifteen percent
(15%) of the amount of the contract.
12. Verification. This section must be signed by an officer or principal of the contractor or
vendor authorized to sign for the company for the purpose of executing contracts. The
undersigned being sworn, affirms under the penalties of perjury, that he/she has read
and understood the foregoing statements and that they are, to his/her own knowledge,
true.
Dated:
Printed Name of Signor:
Title of Signor:
Name of Firm:
Signed:
Individual Proprietorship or Partnership Acknowledgement
State of )
)
County of )
SS:
On the day of ,20 , before me personally came
, to me known and known to me to be the person
described in, and who executed, the foregoing instrument, and duly acknowledged that he/she
executed the same.
Notary Public
Corporate Acknowledgement
State of )
)
County of )
SS:
On the day of ,20 , before me personally came
, to me known, who being duly sworn, did dispose and
say that he/she resides in , that he/she is the
of corporation described in and which executed the foregoing
instrument; that he/she knew the seal of said corporation; that the seal affixed to said
instrument was such corporate seal; that it was so affixed by the order of th e 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. 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 (31 or more contracts with Suffolk County, any three (3) of
which, when corn bined, 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.
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.
Bo
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
Comptroller to accept and file such statements.
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 to file such statement in the first instance.
F. The verified public disclosure statement required by this section shall
include!
(1) A complete list of the names and addresses of those individual
shareholders holding more than five-percent interest in the firm.
(2)
The table of organization for the company shall include the names and
addresses of all individuals serving on the board of directors or
comparable body, the names and addresses of all partners and the
names and addresses of all corporate officers. The contractor or
vendor shall conspicuously identify any such person in this table of
organization who is an officer or an employee of Suffolk County.
Page 2 of 3
Ho
(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.
A separate folio for each company shall be maintained a~phabetically 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
I!
Suffolk County Living Wage
.Documents
~;uffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County De partment 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. 12-2001, "A
Local Law to Implement Living Wage Policy for the County of Suffolk" (the "Living Wage
Law"), ail RFPs, County contracts and financial assistance agreements subject to the law
shall contain the following two paragraphs or substantially equivalent language:
This Agreement is subject to the Living Wage Law of the County of Suffolk. The law
requires that, unless specific exemptions apply, or a waiver is granted, all employers
(as defined) under service contra cts 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-5 (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 Compliance - Subject to Audit
Form LW-33 (consists of '1 page)
Note: Pursuant to Section 7 of Local Law No.18- 2002, "A Local Law to
Implement Living Wage Policy for County of Suffolk", all covered employers
subject to the provisions of the Living Wage Law shall submit a completed and
sworn (under penalty of perjury) Certification of Compliance Subject to Audit
form, signed by an authorized representative, as 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 availab19
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 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, 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 oI~ 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 under penalty of perjury under the Laws of the State of New York that the undersigned is
authorized to provide this certification, and that the above is tree and correct.
Signatur~~~]~'~--'''~-~ Date
Print Name & Title
County Vendor # (if known)
Company/qatue
Phone #
/(..'
Federal Employer ID#
LW-33
III
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 contribution s.
[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 par[y 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 I of 2
Bo
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 entedng 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.
Crimin al. A violation of §386-2 of this chapter shall be a Class A misdemeanor
and shall be punishable by a sentence of not more than'one (1)year in prison or
a fine of not more than one thousand dollars ($1,000) or by both such fine and
imprisonment.
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, Pres[ding Officer
Tonna, Nowick, Caracciolo, Caracappa, Crecca
RESOLUTION NO. 543 200~., ESTABLISH/NG
UNTVERSAL CHILD SEXUAL ABUSE REPORTING POLICY
FOR SUFFOLK COUNTY
WHEREAS, innocent children are in urgent need of protection against sexual abuse
within the Counb/of Suffolk; now, therefore be it
1't RESOLVED, that the County of Suffolk hereby establishes a formal chila 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 '~n 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:
Rape in the third degree, Section 130.25 (less than seventeen {17)
years old) of the NEW YORK PENAL LAW;
2.)
Rape in the second degree, Section :[30,30 [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:[)
years old) of the NEW YORK PENAL LAW;
4.)
Sodomy in the third degree, Section :[30.40 (less than seventeen
(:[7) years old) of the NEW YORK PENAL LAW;
$.)
Sodomy in the second degree, Section :[30.45 (less than fourteen
(:[4) years old) of the NEW YORK PENAL LAW;
6.)
Sodomy in the first degree, Section :[30.50 (less than eleven
years old) of the NEW YORK PENAL LAW;
7.)
Sexual abuse in the third degree, Section 130.55 (less than
seventeen (:[7) years old) of the NEW YORK PENAL LAW;
Sexual abuse in the second degree, Section 130.60 (tess than
fourteen (14) years old) of the NEW YORK PENAL LAW;
9.)
Sexual abuse in the first degree, Section 130.65 (less than eleven
(:[1) years old) of the NEW YORK PENAL LAW;
!03
Aggravated sexual abuse in the third degree, Section 130.66
(less than eleven (:[:[) years old) of the NEW YORK PENAL LAW;
11.)
Aggravated sexual abuse in the second degree, Section :[30.67
(less than eleven (:[1) years old) of the NEW YORK PENAL LAW;
12.) Aggravated sexual abuse in the first degree, Section :[30.70 (less
than eleven (1:[) 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 (:[1) years old) of the NEW YORK
PENAL LAW; and
c.)
14.)
15.)
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;
16,)
Sexual misconduct, Section 130,20 (sexual intercourse without
consent) of the NEW YORK PENAL LAW;
17.)
Forcible touching, Section 130.52 (sexual or intimate parts) of the
NEW YORK PENAL LAW;
18.)
Persistent sexual abuse, Section 130.53 (two (2) or more
convictions within the past ten (10) years fo~ less than seventeen (17)
years old or four:een (14) years old) of the NEW YORK PENAL LAW.;
190
Aggravated sexual abuse in the fourth degree, Section 130.65-a
(less than seventeen (17) years old) of the NEW YORK PENAL LAW;
20.)
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
130.90 (w!thout 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, corpoFation, 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 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 reasbnable cause or first
learning of the allegations:
1.)
2.)
3.)
4.)
5.)
6.)
Rape in the third degree, Section 130.25 (less than seventeen (17)
years old) of the NEW YORK PENAL LAW;
Rape in the second degree, Section 130.30 (less than fourteen (14)
years old) of the NEW YORK PENAL LAW;
Rape in the first degree, Section 130.35 (less than eleven (11)
years old) of the NEW YORK PENAL LAW;
Sodomy in the third degree, Section 130.40 (less than seventeen
(17) years old) of the NEW YORK PENAL LAW;
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 (11)
years old} of the NEW YORK PENAL LAW;
E.)
F.)
G.)
7.)
S.)
9.)
'10.)
1~.)
12.)
13.)
14.)
15.}
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 (Iess 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 (1:[) 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 (I1) years old) of the NEW YORK
PENAL LAW;
Sexual misconduct, Section 130.20 (sexual intercourse without
consent] of the NEW YORK PENAL LAW;
i6.)
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 :en (10) years for less than seventeen (17)
years old or fourteen (14} years otdl of the NEW YORK PENAL LAW;
180 Aggravated sexual abuse in the fourth degree, Section 130.65-a
([less than seventeen (17} years old) of the NEW YORK PENAL LAW;
19.) Female genital mutilation, Section 130.85 (less than eighteen (18)
years old non-medical procedure) of the NEW YORK PANEL LAW;
20.)
Facilitating a sex offense with a controlled substance, Section
130.90 (without consent to commit a felony} of the NEW YORK PENAL
LAW;
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 personnel of the
employer; and be it further
2"* RESOLVED, that failure to comply with the terms and conditions of this Resolution
shall result in the following:
A.) First violation: the contract vendor shall be issued a warning and all
supervisory, administrative, and management employees of SUCh contract
vendor shall be required to attend a child sexual abuse prevention/education
workshop provided Dy a contract agency approved Dy the County of Suffotk 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 childhooc~ 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 (:~0%) 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
3'~ 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 prowsions of this Resolution; and be it further
4m I~ESOLVED, that this Legislature, being the Slate 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 8-0109(2) of the NEW YORK
ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and
legislative decisions in connection with continuing agency administration, management and information
collection, and the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate
any appropriate SEQRA notices of determination of non-applicability or non-significa nee in accordance with
this resolution
DATED: .~une 11, 2002
APPROVED BY:
/s/Robert .1. 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
RESOLUT]:ON NO, 8~.9 - 2002, MOD]:Fy'rNG UNIVERSAL
CN~'LD SEXUAL ABUSE REPORTTNG POLI'Cy FOR SUFFOLK
COUNTY
WHEREAS, Resolution No. 543-2002 established A Universal Child Sexual Abuse
Reporting Policy for Suffolk County, a central component of which provided for reports to be made to the
New York State Child Protective Services Child Abuse Registry; and
WHEREAS, the Suffolk County Child Sexual Abuse Task Force has recommended a
change in that point of contact by suggesting a return to the original version of the Legislation; now,
therefore be it
:[st RESOLVED, that Paragraphs (D) and (El of the ist 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 tc 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 ~ersonal Knowledge facts, conditions, or
circumstances, which, if correct, would render the mmot 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 130.45 (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.) 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
(1:[) 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;
120 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 ~n the first aegree,
Section 130.75 (less than eleven (11) years old) of the NEW. YORK
PENAL LAW; and
14.) Course of sexual conduct against a child in the second degree,
Section 130.80 (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;
and be it further
E.)
175 Persistent sexual abuse, Section 130.53 (two (2) or more
convictions within the past ten ([0) years for less than seventeen C17)
years old or fourteen C14) years old) of the NEW YORK PENAL LAW;
180 Aggravated sexual abuse in the fourth degree, Sectibn 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;
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
desig ~ated agent, who shall then also become responsible to report or cause
reports to be made to 911 or the pertinent village, town, or count~ 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 knowleclge facts,
conditions, or arcumstances, which, if correct, would render the minor a victim
of sexual abuse;
2nd RESOLVED, that all other provisions of Resolution No. 543-2002, as amended, shall
remain in full force and effect; and be it further
I~ESOLVED, 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
ENVIRONHENTAL 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: August 2.8, 2002
APPROVED BY:
/~ Robe~3. Gaffney
County Executive of Suffolk County
Date of Approval: September 10, 2002