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HomeMy WebLinkAboutSuffolk Co/Aging Meals ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MA~AGEaMENT OFFICER FREEDOM OF I1NFOILMATION OFFICER offiCE or ~TOWN CLERS · o Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (63t) 755-1800 southotdtown.northforkme~ May 5, 2003 Leonor Hunter Fiscal Administrator Office of the County Executive H. Lee Dennison Building Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Ms. Hunter: The Southold To~m Board at their regular meeting held on April 22, 2003 adopted resolution no. 244 authoriZing the ItI~C Nutrition Program Agreement. A certified copy of this resolution is enclosed. Three (3) copies of Agreement~;TZ. 5723M2~2~3 7_527. ]-7152 signed by supervisor Horton are enclosed. Please forward a ~hi~ex~cuted agreement to my office for filing. Thank you. Very truly yours, Elizabeth g~ Neville Southold Town Clerk Enclosures(3) County of Saffo, lk Robert J. Gaffney Suffolk County Executive O~ice for the Aging Holly S. RhoiJ~-Teague Director A~pril 7, 2003 The Honorable Joshua Y. Horton SUpervisOr TOWn, 6'f,$(~ttthold 5,30"95~Main~Road, P.O. Box 1179 Sr)ttll-iold. New Yolk 11971 RE: 5 lllCNbtrition Program IFMS No. SCS EXE 03000007152 Dear Supervisor Ho~ton: Thr~e copies bf 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 em-rent copy'of your Certificate of Insurance must be submitted to this office upon renewal. One folly executed Agreement will be forwarded to you as soon as the signature process has been completed. If you reqtiire any filrther information, please contact Mary-Valerie Kempinski at 853-8209. Sincdrely, Leonor Huntei' Fiscal 'Administrator LH:MVK: lw EnClosures cc: Karen McLaughlin (631) 853-8200 H. Lee Dennison Building · 100 Veterans Memorial Hignway· P.O. Box 6100 · Hauppaufle, NewYork 11788-0099 · FAX 853-8225 Over 25 years as the designated Area Agency on Aging Providing Services for Older Citizens SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING WA GE UNIT DECLARATION OF COMPLIANCE - SUBJECT TO AUDIT Living Wage Law. Suffolk Courtly Code. Chapter 347 (2001) Iwe hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County LivLng Wage Law(the Law) and. as such, will provide to ail full, parr-time or mml2orary employed persons who lVefform work or render services on or for a project, matter, contmc~ or subcontract where this company tins received Assistance, from the County of S~uffotk a~ defined in the Law (Assistance), a wag~ ram of no less than $9.00 per hour worked w/th health benefizs, as described in the Law. or othem.'/se$10.25 per hour or the rams as may be adjusted arm~mlly 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 (I 0) persons and occupies property or uses equipment or property that ~s improved or developed as a result of Assistance or any contractor or subcontractor of th/s 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 mat~er for which al'ds 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 pern~n access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulation unde~ 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 pa)roll 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 requh-ed by~ the County will be maintained for inspection for a similar period of time. In addition, an annual report of emplo.vment 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 pro35de this certification, and that the above is tme and correct. Siguaturff~ t ~ Date Joshua Y. Horton, Supervisor Print Name & Title County Vendor # (if known) Town of Southold 631-765-181t9 11-600-1939 Company Name Phone # Federal Employer ID# LW-33 l~aw No. AGOO4MIOOO3,03YRB Rev. 414/03 IIIC Nutrition Program IFMS NO. SCS EXE 031~00007152 No~ 001-67,90-4980.95284-7152 Second Amendment Amendment of Agreement This is the Second Amendment of an Agreement, last dated November 30, 200l, (Agreement) between the County of Suffolk (County), a municipal corporation of the State of New York, having its principal office at the County Center, Riverhea(~, New York 1 t901, acting through its duly constituted Office for the Aging (Aging), having its principal office atthe H. Lee Dennison B0ilding - 3ra Floor', 100 Veterans Memorial Highway, Hauppauge, New York (Mailing address: P.O. Box 6100, Hauppauge, New York 11788,0.099), and the Town' of Southold (Contractor), a New York municipal corporation, having its prindpal pJace of business at 53095 Main Road, P:O. Box 1179, SOuthold, New York 11971. 'the parties hereto desire to extend the term of the Agreement from December 31, 2001 througt~ De~,embler31, 2003 (the period January 1, 2003 through December 31, 2003 being hereinaAer ~l~e~f the 2003 Extension Period), as set forth herein. Sufficient funding exists in the 2003 Suffolk Cour~ty~!Operating Budget. Term of Agr~eement: Shall be January 1, 2001 through December 31, 2003. Total Meals: Daily Congregate Midday Meals: 69 Not to Exceed $57,900 Annually Total Cost of Agreement: Shall not exceed $173,700, (of which $57,900 is for the 2003 Extension Pedod). Terms and Conditions: Shall be as set forth in Exhibit A-2003 and the Exhibit entitled "Suffolk County Legislative Requirements Exhibit for Contracts" revised 1/23/03, attached. In Witness Whereof, the parties hereto have executed this Second Amendment of Agreement as of the latest date wdttsn below. Town of Southold Josh/u~'Y. Horton ' Su~rvisor Fed. Taxpay¢/ID #:/11-6001939 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: Date: Eric A. Kopp Chief Deputy County Executive Approved: By: Holly S. Rhodes-Teague Director, Office for the Aging Recommended: By: Date Maureen Porta Date Senior Citizen Program Administrator II AG 4 B (4/03) Page 1 ag4 sohold 3c 03.doc 'Law No..~G004M/0003-03YRB Rev. 4/4/03 IIIC Nutrition Program IFMSNo. SCS EXE 03000007152 No. 001-6790-4980~95284-7152 Second Amendment Exhibit A-2003 Whereas, the County and Contractor have entered into an Agreement (Law No. AG004M/0003- 03YR), last dated November 30, 2001, for a term from January 1, 2001 through December 31, 2001 lbrsenior citizen nutrition program(s) at a Total Cost of $57,900; and Whereas, the County and' Contractor have entered into a First Amendment of Agreement (Law No. AG004M/0014-03YRA), extendlr)g the term from December 31, 2001 through December 31, 2002 and (at an additional cost of $57,900) increasing .the Total Cost of the Agreement to $115,800; and Wh~eas, the part es hereto des re to modify the Agreement and First Amendment of Agreement, extending the rearm from December 31,200~. through December 31 2003and {'at an adder ona cost of $5~90O) incre, a. sing the'Tofal Cost of the~Agreement.to $~173,700 as set forth l~e ow, and; NbW, Ther~.0re~ in constder~ion of [he covenants, promises and consent herein contained, the paKjes h~e~ agree a~ follows: 1. Term of A,qreement: The Terra,of Agreement paragraph on page 1 of the Agreement is amended to read January 1, 2001 through D¢ce~r3d~.. 2003 as set forth on the page 1 of this Second Amendment of Agreement. 2. Suffo]kC0un,tv Lepislative Requirements Exhibit for Contracts: Th~ Exhibjt entitled "Suffolk County Legislative Requirements Exhibit for Contracts" revised 1/23/03 annexe~:heref~o is made part of the Agreement. 3. Meals; Effbctive as of the beginning of the Extension Pedod, the approximate daily number, and the maximum ,annual number, if any, of Congregate and/or Home-Delivered Meals included in the Program s~hall be as set forth on the cover page of this Second Amendment of Agreement. 4. Payment of Services: The Total Cost of Agreement $173,700 is comprised as follows: (a) $57,900 for calendar year 2001; (b) $57,900 for calendar year 2002; (c) $57,900 for calendar year 2003 5. Rate Page: The rate at which the Contractor shall be oaid for this Extension Period is set forth for calendar year 2003 in Exhibit C to the Agreement. 6. Gratuities: TheCoatractor represents and warrants that it has not offered or given any gratuity to any offidal, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or secudng favorable treatment with 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) Page 2 ag4 sohold 3c 03.doc suffolk County Legislative Reqmrements Exh bet 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'sNendor's Public Disclosure Statement Form SCEX 22; rev, 7/'16/02 (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 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 I page) III Gratuities IV Suffolk County Local Law No. 32-1980, Chapter 386 of the Suffolk County Code, entitled "Political Parties, Gifts to Officials Of" (2 pages) Sexual Abuse Reporting PolicY Resolution No. 543 -~ 2002, Establishing Universal Child Sexual Abuse Reporting Policy for Suffolk County (4 pages) Resolution No. 819- 2002, Modifying Universal Child Sexual Abuse Reporting Policy for Suffolk County (2 pages) 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 moro 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 Ser,,ices. 1. Centractor'¢endor's Name Address w 5.b City and State Zip Code, Contracting Department's Name Address Payee, Identification or Social Secudty No. .Type 0fBusiness Corporation Partnership Sole Proprietorship Other ls~ ~.¢our fil:m enteri~ int~ or has-~'our firm ent~ed into a contract ~vi-~-h 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 c.o. mpleting, this form, with Suffolk County, any three of which, when combined, excee¢¢'~1,00O Yes_.No. If you answered yes to either part 5a or 5b, you must cornpi~ parts 6 through 9. In any event you must answer parts 10 and 11. Ta'bl~ bt' Organizatie n. 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 partr~ers, arid names and addresses of all corporate officers. Conspicuously identify any persp~ in 'this table of organization who is also an officer or an employee of Suffolk County. (Attach addftional sheet if necessary.) List all names and addresses of those individual shareholders holding more than five percent I5%) interest in the firm. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). t0. Does your firm dedve 50% or more of its total revenue from your contractural or vendor relationship with Suffolk County.? Yes No. If Yes, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor'sNendor's Public Disclosure Statement with the contract (describe general nature of ~he contraCt). Page 1 of 2 SCEX Form 22 12. Remed e . The fa~ ure to file a verified puSliC disclosUre stateme6t as required under this local law shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article II of[he Uniform Com. mercial Code of the State 'of New York. In addition to alt legal remedies, SuffOlk County shall be entitled, upon a determination that a breach has occurrea, 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 vendQr authorized to sign for the company for the purpose of executing contracts, The undemigned 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 kn*owledge, true. Dated: Printed Name of Signor: Title of Signor: Name of Firm: Signed: Individua~ Proprietorship or Partnership Acknowledgement State of ) ) County of ) SS: On the day of , 20 , before me personally came , to me known and known to me to be the person described in, and who executed, the foregoing instrument, and duly acknowledged that he/she executed the same. Notary Public Corporate Acknowledgement State of ) ) County of ) SS: On the day of , 20 , before me personally came , to me known, who being duly sworn, did dispose and say that he/she resides in , that he/she is the of corporation described in and which executed the foregoing instrument; that 'he/she knew the seal of said corporation; that the seal affixed to said instrument was such corporate'seal; that it was so affixed by the order of the board of directors of such corporation, and that he/she signed his/her name thereto by like order. Notary Public SCEX Form 22 (Rev. 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. 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 i~eg suture further finds and determines that these exemptions prevent full dis~losu~re of important information that may be useful to elected county officials in deterr~ing whether or not Specific types.of contracts are in the public interest, especially in gh~ ~f recent, trends t~)~vards privatization and use of outside consultants on an increased, basis by municipalities. Theref~ei'~e~ ~he purpose of t§js'law is to eliminate many of the exemptions from completing and; ~i~ig ~e['ifled Public d~closure statements with the County Comptroller available to certa ~ c~ntractOrS pro¥;id ng social services or health services contracts. CONTRACTOR or VENDOR [Amended 12-18-1990 by L.L, No. 41- i990~; 6;29-t993 by L.L. No. 28-19933]- Any proprietorship, partnership or closely held corporation which has a contract With Suffolk County in excess of one thousand dollars ($1,000.) or which has three (.3?,or moro contracts with Suffolk County, any three (3) of Which, when comb{bed, exceed one thousand dollars $1,000.), except: (1) Hospitals. (2) Educational or governmental entities. ~ Editor's Note: This local law was adopted by the legislature after disapproval by the Executive on 5-26-1993. 2 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on '12.13-1990. See the note at § A4-12. 3 Editor's Note: This local law was adopted bY the Legislature after disapproval by the Executive on 5-26-1993. See note above. Page 1 of 3 .(3) Not-for-profit'corporations. (4) Contracts providing for foster care, family day-care providers Or child protective consulting services. FULL DISCLOSURE CLAUSE - A proviso to be included as a material part of a contract imposing upon the contractor or vendor a material, contractual and statutory duty to file a vedfied public disclosure statement. VERIFIED PUBLIC DISCLOSURE STATEMENT .-A declaration, the contents of which are acknowledged before a notary public, contain.ing information required under this section. A full disclosure clause is to be included in all future contracts between Suffolk County and a contractor or vendor. Such full disclosure clause shall constitute a material part of the contract. C. Notice of the full disclosure clause shall be included and made a part of the specifications, if any, which are submitted to interested potential bidders. Ut Each contractor or vendor shall file a vedfied 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 pdor.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 s.ection shall include: (1) A complete list of the names and addresses of those individual shareholders holding more than five-percent interest in the firm. (2) The table of organization for the company shall include the names and addresses of all individuals serving on the board of directors or comparable body, the names and addresses of 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 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 haying fifty percent (50%) or'more Of their gross revenues from sources other than the ~unty Of Suffolk. G, A separate folio for each company shall be maintained alphabetically for public inspection by the Comptroller, Ho Remedies. The failure to file a verified public disclosure statement as required under this section sh&Jl constitute a material breach of contract. Suffolk .County may resort, use or employ any remedies contained in Article 2 of the, Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk .County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. Under no circumstances shall the county be precluded from invoking any remedy contained in the preceding section by reason of its failure to invoke promptly its remedies. Page 3 of 3 II SUffolk County Living Wage .Documents Suffolk County Living-Wage R~irementsExhibit As Last Revised by the SuffOlk County Department of Labor on 10/22/02 Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001., "A Loc.,a,I Law to. Implement Livir~g Wage Policy for the'County of Suffolk" (the "Living Wage LaTM ),'all RFps, County cont¢~cts ~nd financial assistance agreements.subject ~ 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, a. employers (as defined)under s~r:vice contracts and recipients of county financial assistance, (as defined) shall provide psymen~ of a minimum Wage to employees.(~ defined) of $9.00 per hour with. health benefits of at east $1.25 per hour or ~otherw~e $10.25 per hour. Such rate shall be adjusted annually pursuant ;~o the'terms 0~tbe 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 I 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 Su~'folk 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 I page) Note: Pursuant to Section 7 of Local Law No.18- 2002, '% Local Law to ImPlement Living Wage Policy for County of Suffolk", .all covered employers subject to the provisigns 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 ia 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 ContractoCs 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.suffoik.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 DECLARATION OF COMPLIANCE - SUBJECT TO AUDIT Living Wage Law, Suffolk Coun~ Code, Chapter 347 (2001) To Be Completed By 3~pplicant/Employer/Con~actor 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 otheiwise $10.25 per hour or the rates as may be adjusted annually in accordance with the Law. (Chapter347-3 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 o~ 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 & cop34ng 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 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. Signature Date Print Name & Title County Vendor # ~iflmown) Company Name Phone # Federal Employer ID# LW-33 III Gratuities §3864 GIFTS TO PARTY OFFICIALS §386-1 CHAPTER 386 POLITICAL PARTIES, GIFTS TO OFFICIALS OF § 386-1. § 386-2. § 386-3. § 386-4. § 386-5. Definitions. Prohibited acts. Clause required in all contracts. Penalties for offenses. Excepted.contributions. iH ISTORY: Adopted by the Suffolk County Legislature 12-9-80 as L.E. No. 32-1980. Amendments noted where a pplicable.] §386-1 Defin~ions. As usedinthis chapter, the foilowing terms shall have meaningsindicated: AGREEMENT -Any written or oral contract or any implied contract, including but not limited to a co.ntract for the sale of goods or services, a construction contract or a lease or contract reJating to real o r personal property. The term "agreement" shall also include any transaction whereby a person agrees to sell goods or services, or both; tothe 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 theiremployees, agents or representatives. POLITICAL PARTY -A party as defined by § 1-104; Subdivision 3, of the Election Law. § 386-2~ Prohibited acts. A. It shall be a crime for any person to offer or give any gratuity to an official of any political party with the purpose of intent of securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of any determination with respect to the performance of an agreement. Page 1 of 2 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 bewritten 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 poJitical party, with the purpose~or intent 0f secudng an agreement or secudng favorable treatment with respect to the awarding or amending of an agreement or the making of any determinat ons w th respect to. the performance, of an agreement, and that such person has read ~nd is faro'liar w'th the prox,'s'ons, of th's chapter. § 386-4. Penalties for offenses. Criminal. A violation of§386-2 of this chapter shall be a Class A misdemeanor and shall be punishable by a sentence of not more than one (1)year in prison or a fine of not more than one thousand dollars ($1,000) or by both such fine and impnsonment. 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 4/25F2002 Introduced by Legislators Cooper, Postal, Bishop, Fisher, Fields, Lindsay, Binder, Foley, Presiding Officer TQnna, Nowick, Caracciolo, Caracappa, Crecca RESOLUT'J[ON NO. 543 2002t ESTABLT,,SHZNG UNZVERSAL CHZLD SEXUAL ABUSE REPORTZNG POLI'Cy FOR SUFFOLK COUNTY WHEREAS, innocent children are in urgent need of protection against ~exuat abuse within the County of Suffolk; no,v, therefore be it 1~ RESOLVED, that the County of Suffolk hereby establishes a formal child sexual abuse reporting policy as follows: Each County Department that has a contract or agreement with any individual, partnership, corporation, joint venture, business organization, or other entity which receive.s payments from the County of Suffolk, e~her directly or as a conduit for" payment from another level ~f government, shall notify such indi~dual, partnership, corporation, joint venture, business organization, o~ other e~ntity that suffolk County reqdlres full compliance with the reporting and dis,clo~U~e pr~visions of Paragraph (/)) of this Resell'ed clause, as a condition precedent to receipt of such payment and ¢0ntin.uing receipt of such payment, in those ir~tances in which an allegat~ion has been made of sexua abuse of~ a mi~[ bY eny emplc~¥ee or member of such co~tract vendor, indudtn'g any mer~er of the ~ergy, involving any of the fo owing sex 0~fenses: Rape i~ thethird degree, Section 130.25 (less than seven~ee~ I17) years old~ of the NEW YORK PEN~,L LAW; 2.) Rape in the second degree, Section. :[30.30 Cless than fourteen years oid) of the NEW YORKPENAL LAW; 3.) Rape in the first degree, Section 130.35 (Iess than eleven (11) years old)of the NEW YOPJ( PENAL LAW; 5.) 6.) 7.) Sodomy in the third degree, Section [30.40 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; Sodomy in the second degree, Section [30.45 (less than fourteen (3.4) years old) of the NEW YOPTK PENAL LAW; Sodomy in the first degree, Section :[30.50 (less the, eleven (~.1) years old} of the NEW YORK PENAL LAW; Sexual abuse in the tlfird degree, Section :[30.55 (less than seventeen (~.7) years old) of the NEW YORK PENAL LAW; B.) Sexual abuse in the second degree, Section 130.60 (less tha~ fourteen (14) years old) of the NEW YORK PENAL LAW; 9.) Sexual abuse in the first degree, Section 130.65 (less than eleve~ (11) years old) of the NEW YORK PENAL LAW; :[0.) Aggravated sexual abuse in the third degree, Section 130.66 (less than eleven ~:[:[) yea~ old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the second degree, Section 130.67 (less than eleven C:[:[) years old} of the NEW YORK PENAL LAW; :[2.) Aggravated sexual abuse in the first degree, Section 130.70 (less than eleven (~.:[) years old) of the NEW YORK PENAL LAW; :[3.) Course of sexual conduct against a child in the first degree, Section 130.75 (less than eleven (:[:[) years old) of the NEW YORK PENAL LAW; and El.) c.) D.) i4.) is.) Course of sexual c~hduct against a child in the second degree, Section 130.80 (less than eleven (11). years old) of the NEW YORK PENAL LAW; Sexual rnisconduct, Section 130.20 Csexual intercourse without consent) of the NEW YORK 'PENAL LAW; - 160 Forcible touching, Section 130.52 (sexual or intimate parts} of the NEW YORK PENAL LAW; 17.) iS.) 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; 19.) Female genital mutilation. Section 130.85 (less-than eighteen (18) years old non-medical procedure) of the NEWYORK PANELLAW; 20.) Facilitating a sex offense with a controlled substance, Sectior 130.90 (without consent to commit a felony) of the NEW YORK PENAL LAW For the purposes of this Resolution, clergy shall mean a duly authodzec 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, aa the case may be; Minor shall mean anyone under the age of eighteen (18} years of age; All supervisory, administrative, or management employees of any individual, partnership, corporation, joint venture, business orga~zation, or other entity receiving payment from the County of Suffolk, either di~;ectly or as a conduit for payment from another level of government, under agreement or contract with the Counb/ of Suffolk, shall report or cause a report to be made to the New' York State Child Protective Services Child Abuse Registry at :[-800-342-3720 when he, she, or it has reasonable cause to suspect that a minor coming before them is or has been.the victim of sexual abuse, or when another person or clergy person comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the minor a victim of sexual abuse under any of the following sex offensesf 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 seventeen (17) years old) of the NEW YORK PENAL LAW; 2.) Rape in the second degree, Section 130.30 (less than fourteen {14} years otd) of the NEW YORK PENAL LAW; 3.) Rape in the first degree, Section 130.35 (less than eleven (11) years old) Df the NEW YORK PENAL LAW; 4.) ' 5.) 6.) SoiJomy in the third degree, Section 130.40 (less than seventeen (17) years old) ofthq NEW YORK PENAL LAW; Sodomy in the second degree, Section 130.45 (tess than fourteen (14) years old) of the NEW YORK PENAL LAW; Sodomy in the first degree, Section 130.50 (less than eleven years old) of the NEW YORK PENAL LAW; E.) F.) 70 Sexual abuse in the third degree, Section :[30.55 (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 C~L4) years old) of the NEW YORK PENAL LAW; 9.) Sexual abuse in the first degree, Section 130.65 (less then eleven (11).years old) of the NEW YORK PENAL LAW; 100 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 tl~e second degree, Section 130.67 (less than eleven (11) year~ 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 in the first degree, Section 130.75 (tess than eleven (11) years old) of the NEW YORK PENAL LAW; and 140 Course of sexual conduct against a child in the second degree, Section 130.80 (less than eleven (11) years old) of the NEW YORK PENAL LAW; is.) 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; 170 Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the past ten (10) years for less than seventeen {17) y~ars old or fourteen (14) years old) of the NEW YORK PENAL LAW; 18.) 190 Aggravated sexual abuse in the fourth degree, Section 130.65-a (less than seventeen (17) years old) of the NEW YORK PENAL LA?V; Female genital mutilation,.Section 130.85 (less than eighteen (18) years old non-medical procedure) of the NEW YORK PANEL LAW; 200 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 capadty 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 inform~fon 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 lA) Of the 1~ RESOLVED douse of this Resolution to supervisory, management, or designated administrative personnel o[ the employer; and be it further 2"d RE~OLVEO, 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/educatio~ 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 protoct themselves from childhood sexual abuse; skills for detecting the signs of childhood sexual abuse; and ~o~ to repqrt allegations of childhood sexual abuse. The cost~of this trainTnglshaJl ,be paid for by the contrac~ vendor. [g ~addition, th~,contrat~c 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 (~L0%) percent of the contracts that the pertinent violating individual supervisor, manager, or administrator oversees, not to ~xceed Fifty Thousand ($50,000.00) Dollars. ]r add,on, the contract vendor shall~ be put o~ probatipn fo{ three (3) years. An annual review shall be conducted by the Suffolk County Departmen;t of Audit and Control; c,) Third ¥ioJation 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 alt payments to said individual, partnershJp, 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 elig~le for funding from the County for three (3) years from the date of such, termination; and be it further 3'~' RESOLVED; ~at.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 4~ RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEC~RA) lead agency, hereby finds and determines that this resolution constitutes a Type ]! action pursuant to Section 6:~7,5(~(20) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0~09(2) of the NEW YORK ENV][RONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, polities, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk Coanty Council on Environmental quality (CE~) i~ hereby directed to circulate any appropriate SEC~RA notices of determination of non-applicability or non-significance in acCOrdance with this resolution. DATED: .lune ~.~., 2002 APPROVED BY: /s/Robert 3, Gaffney County_Executive of Suffolk County Date of Approval: )une 21, 2002 Intro. Res. No. 1562-2002 Introduced by Legislator Cooper Laid on the Table 8/6/2002 RESOLUTION NO. 819'- 2002, I,IOD[FYING UNrVERSAL CH'rLD SEXUAL ABUSE REPORTTNG POLICY FOR SUFFOLK COUNTY V~HEREAS, Resolution No. 543-2002 established A Universal Child Sexual Abuse Reporting Policy for Suffolk County, a central c~mponent 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 DOinf; Of contact by suggesQnQ a return to the original version of the Legi?ation; now, therefore be it 1st RESOLVED, that Paragraphs (D) and (E) of the 1~ RESOLVED clause of ResoluUon 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, unaer agreement or contract with the County of Suffolk, shall report or cause a report to be made to 911 or the pertineqt 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 mino~' 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, [4) years old) of the NEW YORK PENAL LAW; 3.) Rape in the first degree, Section 130.35 (less than eleven (11) years oId) of the NEW YORK PENAL LAW; 40 5.) Sodomy in the third degree, Section 130.40 (less than seventeen (17) years old) of the NEW YORK PENAL LAW; Sodomy in the second degree, Section 130.45 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; 6.) Sodomy in the first degree, Section 130.50 (less than eleven (I1) 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.) 9.) 10.) 11.) Sexual abuse in the second degree, Section 130.60 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; :-~exual 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 0ess than eleven [11) years old) of the NEW YORK PENAL LAW; 12.) 130 Aggravated sexual abuse in the first degree, Section 130.70 (less than eleven CLX.) 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 i4,) Course of sexual conduct against a child in the second degree, Section 130.80 (less than eleven (!1) years old) of the NEW YORK PENAL LAW; 150 Sexual misconduct, Section 130.20 (sexual intercourse without consent) of the NEW YORK PENAL LAW; 16.} Forcible touching, Section 130.52 (sexual or intimate parts) of the NEW YORK PENAL LAW; '17.) Persistent sexual abuse, Section i30.53 (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; 190 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 Cwithout consent to commit a felony) of the NEW YORK PENAL LAW; E.) - Whenever a clergy person is required to report under this Resolution, in his or her capacity as a member of the clergy, he or she shall immediately notify the person in charge of such church, synagogue, or mosque, or his OF her designated agent, who shall then also become responsible to report or cause reports to be made to 911 or the pertinent vii[age, town, or county Police Department when he or she nas reasonable cause go suspect [na[ 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 vicUm of sexual abuse; and be it further 2"d RESOLVED, that ail other provisions of Resolutior NO. 543-2002, as amenaea, shall remain in full force and effect; and be it further 3rd RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type I! action pursuant to Section 617.$(c)(20) end (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0).09(2) of the NEW YORK ENVtRONFiENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, rnanagement and information collection, and the Suffolk County Council on Environmental Quality.(CEQ) is hereby directed to circulate eny appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution. DATED: August 28 2002 APPROVED BY: /s/Robert 3. Gaffney County Executive of Suffolk County Date of Approval: September 10, 2002 ¢ AEK:ELL~TION_ ~ . ..... 03-03YRB IIIC N utrifion Program IFMS No. SCS EXE 03000007152 No. 001-6790-4980-95284.7152 Second Amendment Amendment of Agreement This is the Second Amendment of an Agreement. last dated November 30, 200t, (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 principa office at the H Lee Dennison ?Buildihg - 3r~ F~00r,. 100 Vete~"ans MemoriaJ Highway, Hauppauge, New York (Mailing address P O !Box 6100, Fla~uppauge, New York 11788-0099), and the Town of Southold (ContraCtor); a New York ~uni¢ipa~ por~d!ration~ having, its principal place of business at 53095 Main Road, P.O. Box 1179, T Agreement '/ 31, 'he parties hereto desire to extend the term of the from December through Be~rnber 31, 2003 (the period January 1,2003 through December 31, 2003 being herein~ff~ C¢led. the 2003 Extension Period), as set forth herein. Sufficient funding exists in the 2003 Suff°[k C°b~;[~ 0perat ng Budget Term,~f A~gite~ernent: Shall be January 1, 2001 through December 31, 2003. Tot~al MealS: Daily Congregate Midday Meals: 69 Not to 'Exceed $57,900 Annually Total Cost of Agreement: Shall not exceed $173,700, (of which $57,900 is for the 2003 Extension Pedod). Terms and Conditions: Shall be as set forth in Exhibit A-2003 and the Exhibit entitled "Suffolk County Legislative Requirements Exhibit for Contracts" revised 1/23/03, attached. In Witness Whereof, the parties hereto have executed this Second Amendment of Agreement as of the latest date written below. Town of Southold Jos~a'Y. Horton SCpervisor Fed. Taxpayer ID ~¢: 1_1-6001939 Date: Approved as to Form, Not Reviewed as to Execution: Robert J. cimino Suffolk C,ounty Attorney ~nathan Bloom ~ssistant County Attorney ' Date County of Suffolk By: Eric A. Chief Deputy County Executive Date: Approved: Holly S. RhodesZTeague ~ Date Director, Office for the Aging Recomm'~nded: /,.,cure. on Pc,~c // E)ate Senior C!t!zen Program Adm!n!ctrctor II Anna Prencipe Asst. Food Service Supervisor AG 4 B (4/03) Page 1 ag4 sohold 3c 03.doc Law ,No. AG004M/0003'03YRB Rev. 4/4i03 IIIC Nutrition Program IFMS No. SCS EXE 03000007152 No. 001-6790-4980-95284-7152 Second Amendment Exhibit A-2003 Whereas. the County and Contractor have entered into an Agreement (Law No. AG004M/0003~ 03YR), last dated November 30, 2001~ for a term from January 1, 2001 through December 31, 2001 for senior citizen nutrition program(s) at a Total Cost of $57,900; and Wl~ereas, the County and Contractor have entered into a First Amendment of Agreement lLaw No. AG~004M/0014-03YF~), extending the term from December 31, 2001 through December 31, 2002 and (at an additional cost of $57,900) increasing the Total Cost of the Agreement to $115 800; and W, he~'eas, th,.e parties hereto des re. to modify the A, greement and Fkst Amendment of Agreement, extedldir~g th;tO t, er~ f~pc:~DecembCr 31, 2002 through December 31,2003 and (at an adb t dna cest of $~2,9i30~ [hc~'~tng the ~Fetal C0st of the Agreemeht to $t 73,700, as set forth be ow, and; N6,W, 'F~rte~,~¢~ [1 coT~s~iderat:o~ of the covenants promises and consent herein contained, the paK~es~etb, agree asfb ows: 1 Term of.,~reemen~: The Te~ of Agr,eement paragraph on page 1 of the, Agreement is amended to read January 1, 2001 through DecemBer 31 ~03as set forth on the page 1 of th s Second Amendment of Agreement 2, Suffolk Count¥~Le.qlslative Requirements Exhibit for Contracts: The E.,~hibit entitled "Suffolk County Legislative Requirements Exhibit for Contracts" revised 1/23/03 annexe~l here{o is made part of the Agreement. 3. Meals: Effective aS of the beginmng of the Extension Period, the approximate daily number, and the maximum an~nual number if any of Congregate and/or Home-Delivered Meals included in the Program shall be as set forth on the cover page of this Second Amendment of Agreement. 4. Payment of Services: The Total Cost of Agreement $173,700 is corn prised as follows: (a) $57,90Ofor calendar year 2001; (b) $57,900 for calendar year 2002; (c) $57,900 for calendar year 2003 5. Rate Page: The rate at which the Contractor shall be paid for this Extension Period is set forth for calendar year 2003 in Exhibit C to the Agreement. 6. Gratuities: The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose er 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) Page 2 Suffolk CoUnty Legislative Requirements Exh'bit for Contracts; last rev. 1123103 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 lform 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). II III IV Suffolk County Living Wage Requirements "Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02" (2 pages). Suffolk County Department of Labor - Living Wage Unit Declaration of Compliance - Subject to Audit Form LW-33 (consists of 1 page) Gratuities Suffolk County Local Law No. 32-1980, Chapter 386 of the Suffolk County Code, entitled "Political Parties, Gifts to Officials Of" (2 pages) Sexual Abuse Reporting Policy Resolution No. 543 - 2002, Establishing Universal Child Sexual Abuse Reporting Policy for Suffolk County (4 pages) Resolution No. 819 - 2002, Modifying Universal Child Sexual Abuse Reporting Policy for Suffolk County (2 pages) 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: (t) Hospitals, (2) Educational or Governmental Entities, (3) Not-For-Profit Corporations, or (4) Providers of Foster Care, Family Day Care or Child Protecti,~e Consulting Services. Contractor's/~endoYs Name Address / City and State Zip Code Contracting Department's Name Address Payee identification or Social Security No. Type of Business Corporation PartnershipSole ProprietorshipOther Is your firm entedng into or has your firm entered into a contract with Suffolk County in exCesS of $1,000__YesNo. Has yaur firm entered into three or more contracts, including the one for which you are ri. ow ce~pieting 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 ef Organization. List names and addresses of all principals; that is, all individuals serving ~n the Board of Directors or comparable body, names and addresses of all partners, end f~ames 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 individ ual shareholders holding more than five percent (5%) interest in the firm. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). 10. Does your firm derive 50% or more of its tota revenue from your contractural or vendor relationship with Suffolk County?.__ Yes__No. If Yes you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor'sNendor's Public Disclosure Statement with the contract (describe general nature of the contract) Page I of 2 SCEX Form 22 12. Remedies. The fai]ure to file ~ verified public diSClosure statement as req~i¢Sd under this local law shall constitute a matedal breai;h 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. Ver'~flcafion. 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: ff'itle of Signor: Name of Firm: Signed: Individual Proprietorship or Partnership Acknowledgement State of ) ) County of ) SS: On the day of ,20 , before me personally came , to me known and known to me to be the person described in, and who executed, the foregoing instrument, and duly acknowledged that he/she executed the same. Notary Public Corporate Acknowledgement State of ) ) County of ) SS: On the day of , 20__, before me personally came , to me known, who being duly sworn, did dispose and say that he/she resides in , that he/she is the of corporation described in and which executed the foregoing instrument; that 'he/she knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by the order of the Board of directors of such corporation, and that he/she signed his/her name thereto by like order. Notary Public SCEX Form 22 (Rev. 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 req uired 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. 2~-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 firing verified public disclosure statements with the County Comptroller available to certain contractors providing social services or health services contracts. CONTRACTOR or VENDOR [Amended 12-18-1990 by L.L. No. 41- 19902; 6-29-1993 by L.L. No. 28-19933] - Any proprietorship, partnership or closely held corporation which has a contract with Suffolk County in excess of one thousand dollars ($1,000.) or which has three (3) or more contracts with Suffolk County, any three (3) of Which, when combined, exceed one thousand dollars ($1,000.), except: (1) Hospitals. (2) Educational or governmental entities. I Editor's Note: This local law was adopted by the legislature after disapproval by the Executive on 5-26-1993. 2 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 12-13-1990. See the note at § A4-12. 3 Editor's Note: This local taw 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 matedal part of a contract imposing .upon the contractor or vendor a material, contractual and statutory duty to file a verified public disclosure statement. VERIFIED PUBLIC DISCLOSURE STATEMENT - A declaration, the contents of which are acknowledged before a notary public, containing information required under this section. A full disclosure clause is to be included in all future contracts between Suffolk County and a contractor or vendor. Such full disclosure clause shall constitute a matedal 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. Eo No contract shall be awarded to any contractor or vendor, as defined in this section, unless prior to such award a vedfied 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 (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-Joss statement shall be required from any contraCtor Or vendor having f'r[ty per.cent (50%) or .more of their gross revenues from sources other than the County of Suffolk. G. A separate folio for each company shall be maintained alphabetically for public inspection by the Comptroller. Remedies. The failure to file a verified public disclosure statement as required under this section shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article 2 of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurrec, to damages equal to fifteen percent ('15%) of the amount of the contract. Under no circumstances shall the county be precluded from invoking any remeay contained in the preceding section by reason of its failure to invoke promptly its remedies. Page 3 of 3 II Suffolk County Living Wage .Documents Suffolk County Living Wage RequirementS Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 Suffolk County Living Wage Requirements .Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No, 12-2001, "A Local Law to 'Implement LivingWage 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 requi res tha~ unless ~specific exemption~ apply, or a waiver is granted, all employers (as defined) u~der se~rvice contracts a.n.d, recipients of county financial assistance, (as aefin~cl} Sh~ll Pr~oVide payment'of ~ n~in,mun~ ,~ag~ to employee~ (asdefined)of $9.00 per IJourwith health benefits of at le~'st $1.,25 per heur or Othe~is~ $10;25 per hour. Such~'rate shatl be adjusted annually pursuant ta the {erms of~ Suffolk County LM~g Wage La:w, of the County o~ 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-I (consists of 1 page) Suffolk County Department of Labor - Living Wage Unit Certification of Compliance Form LW-2 (consists of I 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 C)f 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 VVage 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 DEP TMENT, OF LABOR- LIVING WAGE UNIT DECLARATION OF COMPLIANCE - SUBJECT TO AUDIT Living Wage Law, Suffolk County Code, Chapter 347 (2001) 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 Comnty 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 $I 0.25 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 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. Ali 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 Deparunem of Labor shall review the records of any Covered Employer at least once every three years to verify compliance with the provisions of the Law. (Chapter 347-4 C) I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the above is true and correct. Signature Date Print Name & Title County Vendor # (if known) Company Name Phone # Federal Employer ID# LW-33 Iil Gratuities §386-1 GIFTS TO PARTY OFFICIALS §386-1 CHAPTER 386 POLITICAL PARTIES, GIFTS TO OFFICIALS OF § 386-1 § 386-2. § 386-3. § 386-4. § 386-5, Definitions. Prohibited acts. Clause required in all contracts. Penalties for offenses. Excepted. contributions. [HISTORY: Adopted by the Suffolk County Legislature 12-9-80 as L.L. No. 32-1980. Ameridments noted where applicable.] §386-1. Definitions. As usedinthis chapter, the ~llowingtermsshallhave meamngsindicated: 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 POLIT]CAL PARTY -A party officer as defined by §1-104, Subdivision 5, of the Election Law. PERSON -Any individuaL, partnership, firm, corporation or other legal entity, as well as their employees, agents or representatives. POLITICAL PARTY-A party as defined by § 1-104, Subdivision 3, of the Election Law. § 386-2. Prohibited acts. A. 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 tt~e making of any determination with respect to the performance of an agreement. Page 1 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 secudng 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 ag ;eements with the County of Suffolk made after the effective date of this chapter, there shall be wdtten 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 C0uaty or New York State or of any political party, with .the purppse;or intent of securing an agreement or securing favorable treatment with respect to. the awarding 0ramending of an agreement ~r the making ~Jf any ' determina~onswith respect tothe performance of an agreement, and thatsuch I~erson. has. read and'iS familiar with the provisions of this chapter. § 386-4. Penalties for offenses. Criminal. A violation of §386-2 of this chapter shall be a Class A misdemeanor and shall be punishable by a sentence of not more than one (1)year in prison or a fine of not more than one thousand dollars ($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 appJicable during theterm 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. B19 -2002, Modifying Universal Child Sexual Abuse Reporting Policy for Suffolk County (2 pages} Intro. Res. No. 1508-2002 Laid on the Table '~/25/2002 Introduced .by Legislators Cooper, Postal, Bishop, Fisher, Fields, Lindsay, Binder, Foley, Presiding Officer Tonna, Nowick, Ca~acciolo, Caracappa, Crecca RESOLUTZON NO. 543 2002,- ESTABLTSHZNG UNZVERSAL CHZLD SEXUAL ABUSE REPORTZNG POLrCy FOR SUFFOLK COUNTY WHEREAS, innocent children are in urgent need of protection against sexual abuse within the County of Suffolk; now, therefore be it ~? RESOLVED, that the County of Soffo]k hereby establishes a formal child sexual abuse repo~dng 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 suc[~ individual, partnership, corporation, joint venture, ~usmess organization, or other entity that Suffolk County requires full compliance with the reporting and disclosure provisions of Paragraph (D) of this Resolved clause, as ~ condition precedent to receipt of such payment and continuing receipt of such payment, inthose 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 c[ei'gy, invoN~ng any of the fol]ow[ng sex offenses: 1.) Rape in the third degree, Section 130.25(less then 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 ([ess 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 e]ever (1;[) years old) of the NEW YORK PENAL LAW; 7.) Sexual abuse in the Ehird degree, Section 130.55 (less than seventeen (:!.7) years old) of the NEW YORK PENAL LAW; 8.) Sexual abuse in the second degree, Section ~.30.60 (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.) 11.) Aggravated sexual abuse in the third degree, Section 130.66 (less than eleven C11) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the second degree, Section 130.67 (less than eleven Ill) years old) of the NEW YORK PENAL LAW; 12.) Aggravated sexual abuse in the first degree, Sect[on 130.70 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 13.) Course of. sexual conduct against a child in the first degree, Section 130.75 0ess than eleven (1;[) years old) of the NEW YORK PENAL LAW; and B.) c.) 14.) Course of sexual conduct against a child in the second degree, Section 130.80 {less than elever~ (11) years old) of the NEW YORK PENAL LAW; 15.) Sexual misconduct, Section 130.20 {sexual intercourse without consent) of the NEW YORK PENAL LAW; 16.) Forcible touching, Section 130.52 {sexual or intimate parts] of the NEW YORK PENAl: LAW; 17.) 18.) 19.) 2O.) 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 oid] of the NEW YORK PENAL LAW; Aggravated sexual abuse in the fourth degree, Se,ction 130.65-a (less than seventeen (17) years old) of the NE)A/YORK PENAL LAW; Female genital mutilation, SectioP~ 130.85 {less than eighteen (18) years old non-medical procedure) of, the NEW YORK PANEL LAW; Facilitating a sex offense with a controUed substance, Section 130.90 (without consent to commit a felony) of the NEW YORK PENAL LAW For the purposes of this Resolution, clergy shall mean a duly authorized bishop, pastor, rector, priest, rabbi, minister, imam, nun, or a person having authority from, or in accordance with, the rules and regulations of the governing ecclesiastical body of the denomination or order, if any, to which the church belongs, or otherwise from the church, synagogue, or mosque to preside over and direct the spiritual affairs of the church, synagogue, or mosque, as the case may be; Minor shall mean anyone under the age of eighteen (18) years of age; All supervisory, administrative, or management employees of any individuaL, partnership, corporation, joint venture, business organization, or other entity receiving payment from the Count/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 [o 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 beemthe 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 sexeal abuse under any of the following sex offenses, said reporting to occur within forty-eight (48) hours after forming the reasonable cause or first learning of the allegations: 1.) Rape in the third degree, Section 130.25 [less than seventeen (17) years old) of the NEW YORK PENAL LAW; 2.) 3.) 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; 4.) 5.) Sodomy in the third degree, Section 130.40 {less than seventeen (17) years old) of the NEW YORK PENAL LAW; Sodomy in the second degree, Section 130.45 [less than fourteen (14) years old) of the NEW YORK PENAL LAW; 6.) Sodomy in the first degree, Section 130.50 (less than eleven (11) years old} of the NEW YORK PENAL LAW; E.) F.) 7.) Sexual abuse in the third degree, Section 130.55 (less than seventeen (1-7) yeats o]d) of the NEW YORK PENAL LAW; 8.) Sexual abuse in the second degree, Section 130.60 (less than four~een {14) years old) of the NEW YORK PENAL LAW; Sexual abuse in the first degree,' Section 130.65 (less than eleven (!1-) years old) of the NEW YORK PENAL LAW; 10.) Aggravated sexual abuse in the third degree, Section 130.66 (less than eleven (1_1) years old) of the NEW YORK PENAL LAW; 11.) Aggravated sexual abuse in the second degree, Section 130.67 (les~ than eleven {1_1) year~~ old) of ~he NEW YOt~K PENAL LAW; 12.) Aggravated sex~al abuse in the first degree, Section 130.70 (less tf~n eleven [11) years old; of the NEW YORK P~I~iAL LAW; 13.) Course of sexual conduct against a child in the first degree, Section 130,7S Ciess than eleven (11) years old) of the NEW YORK PENAL LAW; and 14.) Course of sexual conduct against a child in the second degree, Sect[on 130.80 {[ess than eleven (11_) years old) of the NEW YORK PENAL LAW; 15.) 16.) Sexual misconduct, Section 130.20 (sexua[ intercourse without consent) of the NEW YORK PENAL LAW; Forcible touching, Section 130.52 (sexua] or intimate parts) of the ~EW YORK PENAL LAW; 17.) 18.) 20.) Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the past ten (10) years for [ess 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 proceoure) of the NEW YORK PANEL LAW; 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 repor~ 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 )ersonal 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 mede 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"d RESOLVED, that failure to comply with the terms and conditions of this Resolution shell result in the following: A.) First violation: the contract vendor shall be issued a warning and all supervisory, administrative, and management employee~ of such contract vendor shall be required to attend a child sexual abuse prevention/education workshop~previded by a contract agency approved by the County of Suffolk via duly enacted Resolution which workshop shall include specific skills for adults to ?lp pre. vent childhood sexual abuse; skills that adults can teach children to elp protect themse~,ves from childhood sexual abuse; s~iils for detecting the ~igns. ~ Chitc~hood s~xua~ abuse; and how to report all~gatiOn,s of chi!d~ood se~Q~i abuse. The cost of this t~lning sha[r D~. ~a~,d for by the contrac~ vendor, I~ ~d~on, ~;he corrcract vendor sh~ll s~brnit a correct,ye ~lan Of aetion ~o the $~ff(~lk County office of I-~bor Refations~ Secondr 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 o)' the contracts that t~e pertinent violating individual supervisor, manager, or administrator oversees notto excee~t Fifty Theusand ($50,000.00) Dollars. in eddi~o~, the contract vendorsh~tl be put on p~obation for ~hree (3) years. An annual review 'shall be conducted by the Suffolk County Department of Aud~ and Control; c.) Third violation within a three (3) year period subsequent to e first violation: the termination of the agreements with such individual, partnership, corporation, joint venture, business organization, or other entity overseen by the pertihent,~io]ating individual supervisor, manager, or administrator and the wifi~hold[rfg 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) yeara from the date of such termination; and be it further 3~d RESOLVED. that the Suffolk County Department of Law is hereby authorized. empowered, and directed to issue and promulgate such rules and regulations as shall ~e deemed necessary and appropriate to implement the provisions of this Resolution; and be it further 4m RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type H action pursuant to Section 6:L7.5(c)(20) and (27) of Title 6 of the NEW YORK CODE OF RULES ~,ND REGULATIONS (6 NYCRR) ~and within the meaning of Section 8-0~L09(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 Coundl on Environmental Quality (CEQ) iS hereby directed to circulate any appropriate SEQRA notices of determination of non-appJicabi]ity or non-significance in accordance with this resolution, DATED:3une 11,2002 APPROVED BY: /s/Robert 3. Gaffney County Executive of Suffolk County Date of Approval: 3une 2~. 2002 Intro. Res. No. 1862-2002 Introduced by Legislator Cooper Laid on the Table 8/6/2002 RESOLUTrON NO. 819 - 2002# IvlODTFy'rNG UNIVERSAL CHILD SEXUAL ABUSE REPOR'~NG POLTCY FOR SUFFOLK COUNTY WHEREAS, Resolution No. 543-2002 established A Uofversai Child Sexual Abuse Reporting Policy for Suffolk County, a central component of which provided for reports to be made to the New York State ChildProtective Services Child Abuse Registry; and WHEREA~, [he 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 1 RESOLVED clause ~f Resolution No. 1st ;RESOLVED, that Paragraphs (D) and (E) of the st S43-2002 is hereby amended to read as follows: D.) All supervisory, aoministrative, 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, shalt 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 oefore them is or has been the victim of sexual abuse, or when another person or clergy person comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the minor a viCtim of sexual abuse under any of the following sex offenses, said reporting to occur within twenty-four (24) hours after forming the reasonable cause or first learning of the allegations: Rape in the third degree, Section 130.25 (less than seventeen 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 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 [[ess 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; e.) 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 ofd) 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; Aggravated sexual abuse in the second degree, Section 130.67 (less than eleven (11) years old) of the NEW YORK PENAL LAW; [2.) Aggravated sexual abuse in the first degree, Section [30.70 (less than eleven (11) years old) of the NEW YORK PENAL LAW; 130 ~4.) Course of sexual conduct against a ch;Id 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 [30.80 (less than eleven (:[1) years old) of the NEW YORK PENAL LAW; Sexual misconduct, Section i30.20 (sexual intercourse without consent) of the NEW YORK PENAL LAW; Forcible touching, Section [30.52 (sexual or intimate parts) of the NEW YORK PENAL LAW; 17.) 18.) Persistent sexual abuse, Section 130.53 (two (2) or more convictions, within the past ten (10) years for less than seventeen ([7) years old or fourteen [I4) years old) of the NEW'YORK PENAL LAW; Aggravated sexual abuse in the fourth degree, Secti6n 130.65-a (less than seventeen ([7) years old) of the NEW YORK PENAL LAW; 19.) Female genital mutilation, Section t30,85 [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 ~w;thout consent to commit a felony] of the NEW YORK PENAL LAW; and be it further Whenever a clergy person is required to report under this Resolution, in his or her capacity as a member of the clergy, he or she shall immediately notify the person in charge of such church, synagogue, or mosque, or his or her designated agent, who shall then also become responsible to report or cause reports to be made to 911 or the pertinent village, town, or county Police Department when he or she has reasonable cause [o 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; 2nd RESOLVED, that all other provisions of Resolution No. 543-2002, as amended, shall remain in full force and effect; and be it further 3rd RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type I! action pursuant to Section 617.$(c)(20) an0 (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULAT!ONS (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, aha the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution. DATED: August 28, 2002 APPROVED BY: /s/Robert 3. Gaffney County Execu~veofSuffolk County Date of Approval: September 10, 2002