HomeMy WebLinkAboutSuffolk Co Economic Devel ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARK~GE OFFICER
HECORDS MAN~GEi~ff~ENT OFFICER
F~EEDOM OF INFoHMATIOIq OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtov~m nor thfork.ne~
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS ISTO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 362 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF TH~ SOUTHOLD TOWN BOARD
ON JUNE 17, 2003:
RESOLVED tha~ the Town Board of the Town of Southold hereby authorizes and directs
Supervi~r Joshua Y. Horton to execute an Amendment for Services Contract ~5968 for
the Cutchogue Downtown Revitalization Pro,ram, extending the contract until July 1, 2004,
subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Towa Clerk
iSUFFOLK COUNTY
DEPARTMENT OF
ECONOMIC DEVELOPMENT
June 5, 2003
Robert J, Gaffne~y
Suffolk County Executive
George Gatta, Jr~
Deputy County Executive
for Economic Development
Judith M. McEvoy
Commissioner
The Honorable Joshua Y. Horton
Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Supervisor Horton:
Enclosed please find three copies of the Downtown Revitalization Program's Round II
Amendment for Service Contract #5968.
As you requestedl your contract will be extended for one year from July 1, 2003 to June
30, 2004.
Please sign all three copies and return them to me as soon as possible in order that we
may complete the processing of this Amendment.
Sincerely,
mmissioner
JMM:bs
Enclosures
cc: Legislator Caracciolo
Carolyn E. Fahey
H. Lee Dennison Bldg., 2nd Floor, 100 Veterans Memorial Highway~ P.O. Box 6100, Hauppauge, New York 11788-0099
631.853.4800 - outside Long Island: 1.800.762.GROW · fax 631.853.4888
Website: http://www, co.suffolk.ny, us · Email: judith.mcevoy@co.suffolk.ny, us
Rev. 06/05/03
Downtown Revitalization
IFMS No. SCS000000059~8
Amendment No~ 2
Amendment of Agreement
This is the Second Amendment of an Agreement, last dated August 22, 2000, (Agree-
iment) between the County of Suffolk (County), a municipal corporation of the State of New
:York. having its principal office at the County Center, Riverhead, New York 11901, acting through
'its duly constituted Department of Economic Development (Department) located at H. Lee
~Dennison Building., 100 Veterans Memorial E ighway, P.O. Box 6100, Hauppauge, New York
11788-0099, and Town o,f $outhold (Municipality), a New York municipal corporation, having its
~rincipai pia~of busines~ at P.O. Bo~ 1179, Southo d, NY 1 i971
The parties hereto desire to modify the, Agreement by extending the term of the Agreement
~rom July 1 2003 through June 30, 2004 and adding insurance provisions according to current
County standards. Sufficient funding exists pursuant to Resolutions No. 486-2000 of the Suffolk
County Legislature.
Term of Agreement: Shall be July 1, 2000 through June 30, 2004
Terms and Conditions: Shall be as set forth in Exhibit A-2 attached and the Suffolk County
Legislative Requirements Exhibit for Contracts last revised 3/3/03 attached hereto and made a
part of the Agreement.
In Witness Whereof, the parties hereto have executed this Second Amendment of Agreement as
of the latest date wdtten below.
Town of Southold
Title:
Fed. Taxpayer ID #: 11-6001939
Date: 6/20103
Approved as to Form, Not
Reviewed as to Execution:
Robert J. Cimino
Suffolk County Attorney
By:
Patricia M. Jordan
Assistant County Attorney
County of Suffolk
By:
Eric A. Kopp
Chief Deputy County Executive
Date:
Approved:
By:
Judith M. McEvoy
Commissioner
Date:
Date:
; last rev. 313/03
Suffolk County' Legislative Requirements Exhibit for Contracts
This. exhibit is attached to and is made part of the contract executed with the County.
Suffolk County Living Wage Requirements
"Suffolk County Living Wage Requirements Exhibit As Last Revised by the
Suffolk COunty Dep~ent of Labor on .10122/02, (2 pages),
Suffolk Coun~ Department of Labor - Living Wage Unit
Declaration of Compliance- Subject to Audit
Form LW-33 (consists of 1 page)
II
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)
III
IV
Gratuities
Suffolk County Local Law No. 32-1980, Chapter 386 of the Suffolk County
Code, entitled "Political Parties, Gifts to Officials Of" (2 pages)
Contractor's/Vendor's Public Disclosure Statement Form SCEX 22; rev.
7/16/02 (form consists of two pages; requires signature & notarization).
Note: The Contractor'sNendor's Public Disclosure Statement Form SCEX 22; -
rev. 7/16/02. references the following law, which is included with this Exhibit.
· Suffolk County Administrative Code Section A5-7 (consists of 3 pages).
Suffolk County 'Living Wage
Documents
SUffolk CO.u.n{y Li~ng Wage Requirements E~i~it
As La?t Re~sed by the Suffolk Cou:nty DeP~e.nt of babor on 10122102
, , SUffolk County Living Wage Requirements Exhibit
As Last ReviSed by the Suffolk County Department of Labor on 10122102
Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, "A
Local Law fo Implement Living Wage Policy for the County of Suffolk" (the "Living Wage
Law"), all RFPs, County contracts and financial assistance agreements subject-to the law
shall contain the folloWing two paragraphs or substantially equivalent languageJ
This Agreement is subject to the LMng Wage Law of the County of Suffolk. The law
requires that, unless specific exemptions apply, or a waiver is granted, all employers
{~as defined} under service contracts and recipients of county financial assistance, (as
defined) shall provide payment of a mirfimum wage to employeeS(as defined)of
?.00 per hou~ with health benefits of at~teast $1.25per hour or otherwise $10.25 per
our. Such rate shall be: adjusted annually pursuant to the terms Of the Suffolk
County Li~ng WSge Law, of the County of Suffolk.
Under the prOVisions of the LMng Wage Law, the County shall have the authority, under
apprepdate 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, ",~, 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 Uni[
Notice of Application for County Assistance (Contract)
Form LW-1 (consists of I page)
Suffolk County D~partment of Labor - Living Wage Unit
Certification Of Compliance
Form LW-2 (consists of 1 page)
Suffolk County Department of Labor - Living Wage Unit
Certification of the Non-Applicability of the Living Wage Law
Form LW-3 (consists of 2 pages)
sUffolk County Department of. Labor - Living Wage Unit
Request'for General Living Wage EXemption
Form LW-4 (consists of 1 page)
Suffolk County Department of Labor- Living Wage Unit
Request for Specific Living Wage Exemption
Form LW-5 (consists of 2 pages)
1 of 2 pages
~Xhibit
of Labor on 10/22102
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, "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) Certitlcation of Compliance Subject to Audit
form, signed by an authorized representative, as part of an executed contract
with the County of Suffolk. -I-he complete Declaration old.COmpliance form shall be
made a part o[ any executed contract or prejeCt agreement and made available
tothe public upon request.
· To certify Living Wage compliance: Return Form LW-1, Form LW-2
and Form LW-33.
or
· To certify non-applicability of Living Wage law: Return Form LW-3.
or
· To request and document a general living wage exemption: Return Form LW-1,
LW-2 and Form LW-4.
or
To request and document a specific living wage exemption: Return Form LW-1,
LW-2 and Form LW-5.
In the event that there is a change in circumstances, it is the Contractor's
responsibility to.submit to the County additional Living Wage forms which
either replace Or sbpplement prior submissions of Living Wage forms.
Living Wage Law Information Fact Sheet, text of the L0ca~ Law, Frequently
Asked Questions, Forms, and Rules and Regulations can be found on the Suffoll~
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 10122102
2 of 2 pages
$~OLK coLr~TY DEPAR~T OF LABOR. - LMNG
NOTICE OF APPLICATION FOR COUNTY ASSISTANCE (Contract)
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
. To Be Completed By App~cant/Employer/Contractor
I
2) VENDOR f:
(if known)
4) CONTACT:
6) ADDRESS:
3) COi~ITRACT ID #:
5) TELEPHONE #:
7)
8)
9)
PROJECT NAME: ( IF DIFFERENT FROM #1)
10) BRIEF DESCRIPTION OF PROJECT OR SERVICE:
11) PROJECTED EMPLOYMENT NEEDS: (attach a statement listing, by job dassiticaflon,
the total workforce dedicated to performing this contract or service, including eaieulatio~ of
estimated net increase Or decrease in jobs as a result of this fun~ng).
122 PROJECTED WAGE LEVELS: (attach .a statement listing projected-wage levels,
compensated days off and medical benefits for total workforce dedicated to fulfflliug the terms
of this contract, broken down annuallY for each year of the term of the contras0.
'LW-1
Revised 915102
SUFFOLK COUNTY DEPARTMENT OI~ LABOR- I:JI/1NG W.4GE UNIT
CERTIFICATION OF COMPLIANCE
Living Wage Law, SSxffolk County Code, Chapter 347 (2001)
To be Completed by ApphcantlEmpioyerlContracto
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 a~ such will provid~ to all ~ part-thnc or
temporary employed persons who perform work or render services on or for a project, matter,
contract or subcontract where thi~ Company has received Assistance, from the County of Suffolk
as defined in the Law (Assistance), a wage rotc 0fno less than $9;00 per hour worked with health
benefits, as deseribedin the lmw, or otherwise$I0.2~ per ho~r or the r~tes as may be adjusted
...imlly ha ac~ordenc~ wi~h the Law. - -
- I/we farther ague that any tenant or 1oaseholder of thi~ compatiy that employs at least ten (10)
persons apd occupies property or uses equipment or pmparty that is improved or developed as a
result of ~sistance or any contractor or subcontractor of this company that employs at 'least ten
00) persons ia producing or providing goods or ~erviee~ to this Company thaf are used in the
project or matter for w~e.h this company has received AssLstanco shall comply with all the
L~rovision~. of the Law, including those specifind above.
I/we fuither 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 no~compliance and
evaluating the operation and effects of this chapter, including the production for inspection &
i:opying of payroll re,cords for any or all employees for the term of the contract or ~or five years,
whiehexrer p~iSod, of compliance is longer. All payroll and benefit records required by the County
will be ~nlain~d for inspection for a :similar period' of time. In ad~tion, an annual report of
empl0Y~ent left ,m_'fies,.ineluding rele~/ant particulars of each covered employee, will be provided
. to thecoUnty~r~heir files. ' . .
I declare und.~r penally 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.
Date
County Vendor # (if known)
/I- oo t 35
Fetteral Employer ~
from
~V£L~:F' .(Awarding Agency).
LW-2
EMPLOYER N~:
:2) ADDRESS:
CONTACT: 4) TEl ,EPHO~q-E #:
PROJECT NAME: (~ DII~Et~.ENT ~OM #1)
ORIGIN OF ASSISTANCE SOUGHT:' (e,g., State or County assistance program and
contractin~D~epa~rtment).
tt~:-J:ol~ C. oo,~r~' t~-?,veT~e, vz' o~c' £eo~,'¢
AMOUNT OF CONTRACT:
8) TERM OF CONTRACT:
BRIEF DESCRIPTION OF PROJECT OR SERVICE:
PROJECTED EMPLOYMENT NEEDS: (attach a statement of projected needs by job
classification, under the prospective assistance, including calculation of estimated net increase
in jobs as a result of assistance).
Reason Living Wage Law is not applicable:
I hereby attest that the provisions of Suffolk County Local Law No. 12-2001, the Suffolk_
County Living Wage Law, are not applicable to this agency, organization, employer, contract
or assistance applied for. I declare under penalty of perjury under the Laws of the State of
New York that the undersigned is authorized to provide this certification, and that the above
attestation is true and correct.
Signature
Print Name &Title
Date
Vendor
~ee Reverse for Contracts Covered by the Lav~t
L~'3
Excerpt fromLiving Wage Law, Suffolk Cbunty Code~ Chapter 347 - 2
:"Any grant, loan, tax incentive or abatement, bond financing subsidy or other form
of assistance of more than $50,000 which is realized by or provided to an employer
of at least ten (10) employees by or through the authority or approval of the County
of Suffolk, or
,,Any service contract or subcontract let to a contractor with ten (10) or more
employees by the County of Suffolk for the fumishin.g of services to or for the
County of Suffolk (except contracts where services are incidental to the delivery of
products, equipment or commodities) which involve an expenditure equal to or
~reater than SI0,000. For the purposes of this definition, the mount of eXpenditure
for mor~ than one eontmct'for tile same serVice shall be aggregated. A~ contract for
' ' f goodS, products, equipment, supplies or other property is
the purchase or lease o
not an "assistance" for the purposes of this definition~"
LW-3
Revised 9/5/02
SUFFOLK COUNTY DEPARTMENT OF'LABOR -.LIVING WAGE UNIT
REQUEST, FOR GEN, ER~.L LIVId. G,,WAGE EXEMPTION
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
To Be Completed By Applicant/Employer/Contractor I
B.4,glS FOR .4 GENER. i~ EJ~iIlPJIOJV
?J~E~TIONS MAY BE GRANTED BY THE SUFFOLK ~COUNTY DEPARTMENT OF LABOR WHERE
APPLICATION OF THE LIVING WAGE LAWTo 3~ P3~T~CULAR I~ORM OF ASSISTANCE IS FOUND
BY THE COUNI~ TO VIOLATE S~PE~ STATE OR I~ED~iL~L STATUTORY, REGULATORY OR
CONSTITUTIONAL PRO'vISION Otl PRoVISIoNs. '
NAME:
REPRESENTATATIVE:
ADDRESS:
DATE:
TELEPHONE
AWARDING AGENCY:
TYPE OF CONTRACT: '
AMOUNT OF AWARD:
1) TOTAL ESTIMATED ANNUAL BUDGET:
CONTACT:.
TERM OF CONTRACT:
(a) V~l'i'lt F. XEMI'TION: (b) WITItOLrr E~TION:
2) ANNUAL COST OF. APPLiCATiON OF.TttE LIVING wAGE LAW: [1Co) .-l(a)] (c)
3) PERCENTAGE INCREASE OF TOTAL ANNUAL BUDGET IF TIlE APPLICATION FOR EXEM]PTION
'm~)E~ED: 12(c) + ~(a)! ~ (a) ,
: 4) NUMBER OF EtVIPLOY~ES AFFECTED BY THE APPLICATION OF THE LIVING WAGE
REGULATIONS T° APPLICANT: (e)
- P. iRTICU~ OFEXEMPTION
The type of contract to which the Living YFag~ Law applies:
the specific or official name of the program:·
(Chapter $47~13 B1)'
(Chapter 347-13
the statutory or regulatory authority for granfing the contract*:
(Chapter 347-13 B~)
The conflicting statutory, regulatory o'r constitutional provision(s) that makes compliance with the Living Wage Law
unlawful*:
(Chapter 347-13 B3)
* Enclose a copy of each provision and any factual explication & analysis of how compliance with Living Wage Law would
violate the cited provision(s) and the legal consequences that would attach if this violation were to occur.
LW-4 Revised 915f02
SUFFOLK'COUNTY DEPARTMEhvr OF ;LABOR-LIVING WAGE UNIT
REQUEST FOR SPECIFIC LIVING WAGE EXEMPTION
Living Wage Lam, Suffolk County Code, Chapter 347 (2001)
To Be Completed By Applicant/Employer/Contractor
NAME:
REPRESF_aNTATIVE:
DATE:
TELEPHONE #:
AWARDING AGENCY:
AMOUNT OF AWARD:
CONTACT:
TERM O]F CONTRACT:
B/ISIS FOR SPECIFIC EXEMPTION
1) YOUTIt[ - Must submit proof on separate sheet of the following:
Beneficio4-yisan organization that regularly employs individuals under the age'&21 in a summer youth
~r school-to-work program. Exemption applies only to such employees. (Chapter 347-13 A2)
2) SEASONAL EMPLOYMENT - Must Submit proof on separate sheet of the foHowlng:
Beneficiary is a not-for-profit (IRS 501c) organization that employs seasonal employees. May be granted a
permanent exemption with respect to these employees with submission of proof that employees are "seasonal"
as defined in the Law. (Chapter 347-13 A4)
3) NOT FOR PROFIT - Must submit proof on separate sheet of the following:
a) Beneficiary is a not-for-profit (IRS 50Lc) organization that provides proof that the highest paid employee of
the corporation earns a salary which, calculated on an hourly bagis, is less than six times the lowest wage.or
salary paid by the corporation (Chapter 347-13 A3a) OR
b) Beneficiary is a not-for~profit (IRS 501c) organization that demonstrates that fulfilling the requirements of
the Living Wage Law will present a hardshlp, directly increasing the expected total annual budget in an amount
greater than 10% of the prior year's adopted budget. (Chapter 347-I3 A3b)
** NOTE: THE INFORMATION ON REVERSE SIDE MIJST BE COMPLETED FORIyOTFOR
PROFIT REQUESTS AS DESCRIBED IN 3(a) OR 3 (b) ABOVE
CONTINUED
LW-5
REQUEST FoR SPECIFIC Llxc~qG WAGE EXEMPTION
,~ER.', THE FOLLOWING INFO. RMATION MUST BE
COMPLETED FOR EXE~'LPTION RE~,UESTS ~ DESCRLBED 1N
SE 070NS 3 (a) OR 3 (&) ON ~C~.V~SE SZDE. -
TOTAL ESTIMATED ANNUAL BUDGET:
WITH EXEMPTION
WITHOUT EXEMPTION
(a)
2) ANNUAL COST OF APPLICATION OF LIVING WAGE LAW TO
EMPLOYER: [ subtract 1 (a) from 1 (b) ]
(c)
3) PERCENTAGE INCREASE OF TOTAL ANNUAL BUDGET IF
EXEMPTION IS DENIED: [ 2 (c) + 1 (a) ]
(d)
NUMBER OF EMPLOYEES AFFECTED' BY THE LIVING WAGE LAW:
(e)
UW-5
DECLARATION OF COMpLIANCE - S~JECT 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 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
~ the Law, or:otherwise $111.25 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 (I0) persons
and o~cuP~es property or uses equipment or property that is improved or developed as a result of
Assistance or any e0ntractor or subcontractor of this company that employs at least ten (10) persons in
produc~ing or ProViding goods or services to this company that are used in the project or matter for Which
~S ~mpanY 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 te[m 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
34'/-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 und0rsigned is
authorized to provide this certification, and that the above is tree and correct.
Signature Date
Print Name & Title
County Vendor # (if known)
Company Name
Phone #
Federal Employer ID#
LW-33
I!
Child Sexual Abuse Reporting
~Policy
The Contractor agrees to comply with the following Suffolk County
resolutions, as now in effect or amended hereafter or of any other Suffolk
Coun~ Local Law that may become applicable dudng 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. 1508o2002 [mid on the Table
4/25/2002
INtroduced by Legislators Cooper, Postal, Bishop, Fisher, Fields, Liadsay, Binder, Foley, Presiding Officer
Tonna, Nowick, Caracciolo, Caracappa, Crecca
RESOLUT/ON NO. 543 - 2002, ESTABL/SHZNG
uNIq/ERS~ CHZLD SEXUAL ABUSE REPOR1TNG POLTCY
FOR SUFFOLK COUNTY
WHEREAS~ innocent childre~ are in urgent need of protection against sexual abuse
within the County of Suffolk; now; therefore be it
1~ RESOLVED, that the County of Suffolk hereby establishes a formal child sexual
abuse reporting poli~y as follows:
A.)
Eech County Department that has a contract or agreement with any individua{,
par~rlership, corporation, Joint venture, business organization, or other entity
which re~:eives payments from the county of S[lffolk, either-ditecUy or as a
cor~duit .for payment from another level of government, shall notify such
individual, partnership, corporation, joint venture, business organization, or
other entity that Suffolk County requires full compliance= with the repotting and
disolosure provisioqs of Paragraph (D) of this Resolved clause, as a condition
prec~nt tO receipt of such payment and continuing receipt of suc~,h, paymen~t,
in t.~bs~e i~es in ~which~ an allegation has be~n made of sexual abuse of a
mlnOr by any employee or memr~e[ of spch contract yendOr, including any
m~mber of the ~lergy, involv]ng~ any of'the/bllowing sex offenses:
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 fou~een (14)
years old) of the NEW YORK PENAL LAW;
30
40
5.)
Rape in the first degree, Sectfon 130.35 (less than eleven (11)
yearS 0Id} of the NEW YORK PENAL LAW;
Sodomy in the third degree, Section 130.40 (less than seventeen
(17) years otd) of the NEW YORK PENAL[AW;
Sodomy in the secoad degree, Section 130.45 (less than fou~een
(14) years old) of the NEW YORK PENAL [AW;
60 Sodomy in the first degree, Section 130.50 (less than eleven (il)
years old) of the NEW YORK PENAL LAW;
7.) .~'exual abuse in the third degree, Section 130.55 (less than
seventeen (17) years old} of the NEW YORK PENAL LAW;
8.) Sexual abuse in the second degree, Section 130.60 (less than
fourteen (14) years old) of t~e NEW YORK PENAL LAW;
9.) Sexual abuse in the first degree, Section 130.65 (less than eleven
(11) years old) of the NEW YORK PENAL LAW;
10.) Aggravated sexual abuse in the third degree, Section 130.66
(less than eleven (11) years old) of the NEW YORK PENAL LAW;
11.) Aggravated sexual abuse in the second degree, Section 130.67
(less than eleven (11) years old) of the NEW YORK PENAL LAW;
12.) Aggravated sexual abuse in the first degree, Section 130.70 (less
than eleven (11) years old) of the NEW YORK PENAL LAW;
13.) Course of sexual conduct against a child in the first degree,
Section 130.75 (less than eleven (11) years old) of the NEW YORK
PENAL LAW; and
B.)
C.)
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;
).5.)
Sexual misconduct~ Section :L30.20 (sexual intercourse without
consent] of the NEW YORK PENAL LAW;
160
Forcible touching, Section 130.S2 (sexual or intimate parts) of the
NEW YORK PENAL LAW;
17.)
18.)
).9.)
Persistent sexual abuse, Seddon 130.$3 (two (2) or more
convictions within the past ten (10) years for less than seventeen
years old or [ourteen ().~t) years old) of the NEW YORK PENAL LAW;
Aggravatect sexuat abuse in the fourth degree, SecMon 130~65-a
(less than seventeen (17) years ob3) oi~ the NEW YORK PENAL LAW;
FemaJe gemq:al mublation, Section 130.85 (less than eighteen (18)
years old nor~-med[~al prOCedure) of the NEW YORK PANEL LAW;
20.)
FaciE~ating a sex offense with a controlled substance, Section
130.90 (without consent to commit e felony) of the NEW YORK PENAL
LAW
For the purposes of this Resolutior,, clergy shall mean a duly authorized
b'~hop, pastor, rector, priest, rabbi, minister, imam, nun, or a person having
authority from, or ;n accordance with, the rules and regulations of the
governing ecclesiastical body of the denomination or order, if any, to which the
church belongs, or othe~ise from the church, synagogue, or mosque to
preside over and direct the spiritual affeirs of the church, synagogue, or
mosque, as the case may be;
Minor shall mean anyone under the age of eighteen (18) years oi' age;
All supervisory, administrative, or management employees of any individual,
partnership, corporation, joint venture., business orgaalzation, or other entity
receiving payment from the County of Suffolk, either directly or as a conduit for
payment from.~another level of government, under agreement or contract with
the County of Suffolk, shall report or cause a report to -be made to the New
Yod< State Child Protective Services Child Abuse Registry at 1~800-342-3720
when he, she, or it has reasonable cause to suspect that a minor coming before
them is or has been the victim of sexual abuse, or when another person or
clergy person comes before them and states from personal knowledge facts,
conditions,-or drcumstances, which, if correct, would render the minor a victim
of sexual ~buse under any of the following sex offenses, said reporting to occur
within 15try-eight (48) hours alter forming the reasonable cause or first
Jeaming of the allegations:
Rape in the third degree, Section 130.25 (less than seventeen (17)
years old) of the NEW YORK PENAL LAW;
2.)
Rape in the second degree, Section 130.30 (less than fourteen (14)
years old) of the NEW YORK PENAL LAW;
3.)
4.)
6.)
Rape in the first degree, Section 130.35 (less than eleven (11)
years old) of the NEW YORK PENAL LAW;
Sodomy in the third degree, Section 130.40 (less than seventeen
(17) years old) of the NEW YORK PENAL LAW;
Sodomy in the second degree, Section 130.45 (less than fourteen
(14) years old) of the NEW YORK PENAL LAW;
Sodomy in the first degree, Section [30.50 (less than eleven (11)
years old) of the NEW YORK PENAL LAW;
E.)
F.)
7.)
Sexual abuse in the third degree, S~ction 130.55 (less than
seventeen {17) years old) of the NEW YORK PENAL LAW;
8.)
Sexual abuse in the second degree, Section 130,60 (less than
fourteen (14)years'old) of the NEW YOPJ( PENAL LAW;
g.)
Sexual abuse in the first degree, Section 130.65 (less than eleven
(11} years old} of the NEW YORK PENAL LAW;
10.)
Aggravated sexual abuse in the third degree, Section 130.66
0ess than eleven (11) years old) of the NEW YORK PENAL tAW;
il.)
Aggravated sexual abuse in the second degree, Section 130.67
(less~ than eleven (11) years old) of the NEW YORK PENAL LAW;
12.) Aggravated sexual abuse in the first degree, Section 130.70 Cless
than eleven (11) y~ars old) of the NEw YORK PENAL
13.)
sCOUrse of sexual conduct against a child in the first degree,
action 130.75 (iess than eleven (11) years old) of the NEW YORK
PENAL LAW; and
14.)
Course of sexual conduct against a child in the second degree,
Seddon 3-30.80 (less than eleven (11) years old) of the NEW YORK
PENAL LAW;
15.)
Sexual misconduct, Section 130.20 Csexual intercourse without
consent) ofthe NEW YORK PENAL LAW;
16,)
Forcible touching, Section 130.52 (sexual or intimate parts) of the
NEW YORK PENAL LAW;
Persistent sexual abuse, Section 130.53 (two (2) or more
convictions within the past ten (10) years for less than seventeen (17)
years old or fourteen (14) years old) of the NEW YORK PENAL LAW;
18.)
Aggravated sexual abuse in the fourth degree, Section 130.65-a
(iessFthan seventeen (17) years old) of the NEW YORK PENAL LAW;
19.)
Female genital mutilaUon, Section 130.85 (less than eighteen (18)
years old non-medical procedure) of the NEW YORK PANEL LAW;
20.)
Facilitating a sex offense with a controlled substance, Section
.~'30,90 (without consent to commit a felony) of the NEW YORK PENAL
LAWI
Whenever a clergy person is required to report under this ResoluUon, in his or
her capacity as a member of the clergy, he or she shall immediateJy.notify the
person in charge of such church, synagogue, or mosque, or his or her
designated agent, who shatl then a~so 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 drcomstances, which, if correct, would render
the minor a victim ol~ 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 confessien or confidence is made to the clergyman in his or her professional
capadty 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 0~ t~em must report any allegations of child
abuse covered in paragraph (Al of the 1~ RESOLVED clause of this Resolution
to supervisory, management, or designated administrative personnel of the
employer; and be it further
2"~ RESOLVED. that failure to comply with the terms and condiUons of this Resolution
shall result in the following:
A.)
Firstviolation: the contract vendor shall be issued a warning and all
supervisory, administrative, and management employees of such cbntrect
vendor, shall be required to attend a chUd sexual abuse prevention/education
workshop provided by a contract agency .approved by the County of Suffolk via
duly enacted Resolution which workshop shall include specific skills for adults to
help prevent childhood sexual abuse; skills that adults can teach children co
help protect themselves fram childhood sexual abuse; skills for detecting the
signs of childhood sexual abuse; and how to report allegations of childhood
seFual abuse. The cost of this training shall be paid for by ~he contract vendor.
In add!l~on, the contract ye.qdor s ~hall "submit ~ icor~.~ve pla~ of action to the
Suffollc County Office. of Labor Re a~ions;
Second v~olation within a three (3) year period subsequent-to a first violation:
the contract vent[or shall be subject to a fine of ten (10%) percent of the
contracts' that the p~rtineQt vk~lating individual supervisor, manager, or
administrator oversees, not to e~ceed Fifty Thousand ($~0,000.O0} Dollars. In
addition, fl3e contrad: vendor shali. Se ~ut on probation for three (3) years. An
annual review shall be conducted bY the Suffolk County Department of Audit
and COntret;
C.)
Third violation within a three (3) year period subsequent to a first violation:
the termination of the agreements, with such individuaL, partnership,
corporation, joint venture, business organization, or other entity overseen by
the pertiheat viola~iqg individual supervisor, manager, or administrab3r and the
withhotd~ of alt payments to said individual, partnership, corporation, joint
venture~ business organization, or other entitY for such agreements regardless
of whet~er such payments are for past or future goods or` servces. The
contract.vendor shall not be eligible for funding from the County for` three (3)
years from the date of such termination; and be it further
3'~ RESOLVED, that ~he 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 o[ this Resolution; and be it further
4~ RESOLVED, that this Legislature, being the State Environmental Quality Review Act
(SEQP~) lead agency, hereby finds and determines that this resoluUon constitutes a Type II action
pursuant to Section 617.5(c)(20).'end (27) of '~tle 6 of the NEW YOP. K CODE OF RULES AND
REGULAT/ONS (6 NYCRP,} and within the meaning of Section 8-0109(2) of the NEW YORK
ENVIRONHENTAL CONSEP. VAT]ON LAW as a promulgation of regulations, rules, polities, procedures, and
legislaUve decisions in connection with continuing agenc~ administration, management and information
collection, and the Suffolk County Council on Environmental ~uality (CE~) is hereby directed to.circulate
any appropriate SEQRA notices of determination of non-applicability or non~significance in accordance with
this resoluUon.
DATED:]une 11, 2002
APPROVED BY:
~si Robert 3. Gaffney
Coun~ Executive of Suffoik County
Date of Approval: ]uae 21, 2002
Intro. Res. No, 1862o2002
[n?oduced by Legislator COOper
Laid on the Table 8/6/2002
RESOLUT[ON NO. 819 - 2002, MODZFYZNG UNZVERSAL
CHZLD SEXUAL ABUSE REPORTZNG POLICY FOR SUFFOLK
COUNTY
WHEREAS~ Resolution No. 543-2002 established A Universal Child Sexual Abuse
Reporting Policy for Suffolk County, a central component o[ which Prided for reports to be made to the
New York State Child Protective Services Child AbUse Registry; and
WHEREAS, tl~ Suffolk: County Child Sexual Abuse Task Force has recommended a
ch~ange in that point of contact by suggesting a return to the original version of the Legislation; now,
therefore be it
~ RESOLVED,~ that Paragraphs (;DJ and (E) of the 1~ RESOLVED clause of Resolution No,
543-2002 iS hereby araended to mad es folioWS:
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 fram another level of government, under agreement or contract with
the County of Suffolk, shall report or cause a report to be made to 9~! or the
pertinent vlllag?, 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 [hem and states from personal knowledge facts, conditions, or
drcumstances, which, if correct, would render the minoi' a victim of sexual
abuse under any of the following sex offenses, said reporting to occur within
twenty-four (24) hours after forming the reasonable cause or first learning of
the allegations:
Rape in the third degree, Section 130.25 (less than seventeen (17)
yearn old) of the NEW YORK PENAL LAW;
2.)
Rape in the second degree, Section 130.30 (less than fourteen (14)
years bld~) of the NEW YORK PENAL LAW;
3.)
Rape in the first degree, Section 130.35 (less than eleven (11)
years old) of the NEW YORK PENAL LAW;
4.) Sodomy in the third degree, Section 130.40 (less than seventeen
· (~12) ,/ears 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 then eleven (11)
years old) of the NEW YORK PENAL LAW;
7.)
Sexual abuse in the third degree, Section 130.55 (less than
seventeen (17) years old) Of the NEW YORK PENAL LAW;
8.)
Sexual abuse in the second degree, Section 130.60 (less than
fourteen (14) years old) of the NEW YORK PENAL LAW;
9.)
Sexual abuse in the first degree, Section 130.65 (less than eleven
(~1) years old) of the NEW YORK PENAL LAW;
10.)
Aggravated sexual abuse in the third degree, Section i30.66
(less than eleven (11) years old) of the NEW YORK PENAL LAW;
11,)
Aggravated sexual abuse in the second degree, Section 130.67
(less than eleven (11) years old) of the NEW YORK PENAL LAW;
14.)
t6.)
17.)
18.)
19.)
2O.)
Aggravated sexual abuse in the first degree, Section 130.70 (less
than eleven (11) years o{d) of the HEW YORK PENAL LAW;
Course of sexual conduct against a child in the first degree,
SecUon 130.75 (less than eleven (11) years old] of the NEW YORK
PENAL LAW; and
Course of sexual conduct against a child in the second degree,
Section 130.80 (less than eleven (11) years old) of the NEW YORK
PENAL LAW;
Sexual misconduct, Section :!.30.20 (sexual intercourse without
consent) of the NEW YORK PENAL LAW;
Forcible touching, Section I30.52. (sexual or intimate parts) o[ the
NEW YORK PENAL LAW;
Persistent sexual abuse, Section 130.53 (two (2.) or more
conv~Ctioes within the pas~ ten (10) years for less than seventeen (17}
years bid or ~ourteen (14) years old) of the NEW YORK PENAL LAW;
Aggravated sexual abase in the fourth degree, Section 130.65-a
(less than seventeen (17) years old) of the NEW YORK PENAL LAW;
Female genital mutilation. Section 130.85 (less than eighteen (18)
years old non-medical procedure) Of the NEW YORK PANEL LAW;
Facilitating a sex offense with a controlled substance, Section
130.90 (without consent to commit e 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 or her
designated agent, who shall then also become responsible to report or cause
reports to be made to 93.1 or the pertinent villa, ge, town, er county Police
Department when he oK she has reasonable cause to suspect that a minor
coming before them i~or has been the victim of sexual abuse, or when another
clergy person comes before them and states from personal knowledge facts,
conditions, or circumstances, which, if correct, would render the minor a victim
of sexual abuse;
and be it further
2'~ RESOLVED, that all other provisions of Resolution No. 543-2002, as amended, shall
remain in full force and effect; and be it further
3rd RESOLVED, that this Legislature, being the State Environmental Quality Review Act
(SEQRA) lead agency, hereby finds and determines that this' resolution constitutes a Type II action
pursuant to Section 617.5(c){20) and (27) of Title 6 of the NEW YORK CODE OF RULES AND
REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK
ENVIRONHENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and
legislative decisions in connection with continuing agency administration, management and information
collection, and the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to drculate
any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with
this resolution.
DATED: August 28, 2002
APPROVED
/s/Robert 3, Gaffney
County Executive of Suffolk County
Date of Approval: September 10, 2002
[1[
Gratuities
§386-1
GIFTS Tdt PARTY O~FlCiALS
§386-1
CHAPTER 386
POLITICAL PARTIES, GIFTS TO OFFICIALS OF
§ 386-1.
§ 386-2.
§ 386-3.
§ 3864.
§ 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 EL. No. 32-1980.
Amendments noted where applicable.]
§386-1.
Definitions.
As used in this chapter, the folk)wing terms shall have meanings indicated:
AGREEMENT -Any written or oral contract or any implied contract, including but not
limited to a contract for the sale of goods or services, a construction contract or a
lease or contract relating to real or personal properly. The term "agreement" shall
also include any transaction whereby a person agrees to sell goods or services, or
both, to the county pursuant to a successful bid.
GRATUITY -Any money, benefit, entertainment, gift or any other consideration
whatsoever.
OFFICIAL OF A POLITICAL:' PARTY -A party officer as defined by §1-104,
Subdivision 5, of the Election Law.
PERSON -Any individual, Partnership, firm, corporation or other legal entity, as well
as their employees, ageCs 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 cdme for any person to offer or give any gratuity to an official of any
political party with the purpose of intent of securing or obtaining an agreement
with the County of Suffolk or securing favorable treatment with respect to the
awarding or amending of such agreement or the making of any determination
with respect to the performance of an agreement.
Page I of 2
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 Ol~t~ir~ing an agreement with the County
of Suffolk or securing favorable treatment with respect to the awarding or
amending of such agreemenl 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 a~er the effective date of this
chapter, them shall be written representation bythe person entering the agreement
with the county that he has not offered or given any gratuity to any official,
employee or agent of Suffolk County or New York State or of any political party, with
the purpose or intent o[ securing an agreement or securing favorable treatment with
respect to the,awarding or amending of an agreement orthe making of any
determinations With re~pe~ to the performance of an agreement, and tha{ such
person has read-and is familiar with the provisions of this chapter.
§ 386-4. Penalties for offenses.
Criminal. A violation of §386-2 of this chapter shall be a Class A misdemeanor
and shall be punishable by a sentence of not more than one (1)year in prison or
a fine of not more than one thousand dollars ($1,000) or by both such fine and
imprisonment.
B. CMl 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
Contractor's/Vendor's Public
Disclosure Statement Documents
Suffolk COunty SCEX F~Srm 22
Contractor's/Vendor's Public DiscloSure Statement
Pursuant to Section A5-7 of the Suffolk County Administrative Code, to be completed by all
providers which have a contract with Suffolk County in Excess of $1,000 or have three or more
contracts with Suffolk County any three of which, when combined exceed $1,000 except: (1)
Hospitals, (2) Educational or Governmental Entities, (3) Not-For-Profit Corporations, or (4)
Providers ~)f Foster Care, Fam~y Day Core or Child Protective Consulting Services.
5.b
Contractor'sNendor's Name
Address
City and State Zip Code
Contracting Department's Name
Address
paYee.ldenfification or Social Secudty No
0fBus'mess Corporation Partnership._Sole Pmpdet°rship.__Other
into or has your firm entered into a contract with Suffolk County in
excess of $t,000 Yes__No.
Nas yourfirm entered into three or more contracts, including the one for which you are
now completing this form, with Suffolk County, any three of which, when combined,
Yes No. If you answered yes to either part 5a or 5b, you must
lnany event you must answer parts 10 and 11.
List names and addresses of all principals; that is, all individuals
Board of Dire~--tors or comparable body, names and addresses of all
names and addresses of all corporate officers. COnspicuously identify any
p who is also an officer or an employee of Suffolk
Iditional sheet if necessary.)
List all names and addresses of those individual shareholders holding more than five
percent (5%) interest in the firm. Conspicuously identify any shareholder who is also an
officer or an employee of Suffolk County. (Attach additional sheet if necessary).
- 2
10.
Does your firm dedve 50% or more of its total revenue from your contractural Or vendSr
relationship with Suffolk County?.__Yes No.
If Yes, you must submit with this disclosure statement, a complete financial statement
listing all assets and liabilities as well as a profit and loss statement. These statements
must be certified by a Certified Public Accountant. (Stdke this out if not applicable.)
The undersigned shall include this Contractor'sNendor's Pubtic Disclosure Statement
with the contract (describe general nature of the contract).
Page t of 2 SCEX Form 22
l't: Remedies; The failure to file a verified public disclosure statement as required under
. this local law shall constitute a material breach of contract. Suffolk County may resort,
use or employ any remedies~contained imAtticle I[ of-the Uniform Commercial Code of
the State of New Yorl~. In addition to all le~Al remedies, Suffolk County shall be entitled,
upon a determination that a breach has occurred, to damages equal to t-~een percent
(15%) of the am.cunt of the contract.
'12. Verific~,Jon. This section must be signed by an officer or pdn~pal of the contractor or
vend~t 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 undersized the foregoing statements and that they are, to his/her bwn knowledge,
true.
Dated:
Pdnted Name of Signor:.
Title of Signor:
Name of' Firm:
Signed:
Individual Proprietorship or Partnership Acknowledgement
State of )
)
County of )
SS:
On the day of ,20 , before me personally came
, to me known and known to me to be the person
described in, and who executed, the foregoing instrument, and duly acknowledged that he/she
executed the same.
Notary Public
Corporate Acknowledgement
State of .' )
)
County of )
On the day of
say that he/she resides in
of
SS:
, 20 , before me personally cam_~
· to me known, who being duly sworn, did dispose and.
, that he/she is the
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. 71'16/02)
Reference: Suffolk County Administrative Code Section A5-7
Page 2 of 2 SCEX Form 22
SUFFOLK COUNTY ADMiNISTRATIV~ 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 LL.
No. 6~1979]
Definitions. As used in this section, the following terms shall have 'the
meanings indicated:
CONTP.~CT - 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 who~e or in part. program required to be bid pursuant to § 103 of
the New' York General Municipal Law: [Amended 6~29~*~(1993 by L.L. No.
28-1993~]
NOTE: L.L. No. 28-1993 also provided as follows:
Section 1. Legislative Intent.
This Legislature hereby f'mds 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 filit3g 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 LL. No. 41-
1990z; 6-29-1993 by L.L. No. 28-19933] -
Any proprietorship,, pa.~tnership or closely held corporation which has a
contract with Suffolk County in excess of one thousand dollars ($1,000.) or
which has three (3) or more contracts with Suffolk County, any three (3) of
which, when combined, exceed one thousand dollars ($~ ,000.), except:
(1) Hospitals.
(2) Educational or governmental entities.
1 Editor's Note: This local law was adopted by the legislature after disapproval by the
Executive on 5-26-1993.
Z 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 C~USE - A proviso to be included as a ma~ter al
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
conten~s of which are ac-kn?w!edged before a notary publiC, contain ng
inform~on mqu:ired Under th~S sect on.
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 furl. disclosure clsuse shal be nc uded and made a part of the
specifications, if any, which are submitted to interested potential bidders.
Do
Each contractor or vendor shall file a verified public disclosure statement
with the Comptroller of Suffolk County as soon as practicable pdor to
being awarded the contract, An updated disclosure statement shall be
filed by the contractor or vendor with the Comptroller bythe 31st day Of
January in each year of the contract's duration. It shall be the duty of the
Comptroller to: accept and file such statements.
No contract shall be awarded to any contractor or vendor, as defined in this
section, unless prior to such award a verified public disclosure statement
is filed With the Comptroller as provided in this section. Any verified public
disclosure statement containing fraudulent information shall constitute, for
all purposes, a failure'to file such statement in the first instance.
F. The verified Public disclosure statement required bY this section shall
include:
(1) A complete list of the names and addresses of those individual
shareholders holding more than five-percent interest in the firm.
(2) The table of organization for the company shall include the names and
addresses of all individuals serving on the board of directors or
' comparable body, the names and addresses of all partners and the
names and addresses of all corporate officers. The contractor or
vendor shall conspicuously identify any such person in this table of
organization who is an officer or an employee of Suffolk County.
Page 2 of 3
(3) A complete financial stat ~e?ent listing all assets and liabilities as well
as a pmf'K-and-loss statement, cert'~'led 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 efthe filing of the bid. No financial statement or profit-and-loss
statement;shall be required from any contractor or vendor having £~y
percent (50%) or more of their gross revenues from sources other than
the County of Suffolk.
A separate folio for each company shall be maintained alphabetically for
public inspection by the Comptroller.
Remedies, The failure to file a verified public disclosure statement as
required, under this section shall constitute a material breach of contract.
Suffolk County may resort, use Or employ any remedies contained in
A~cle 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 'f'~een
percent (15%) or'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 [ts remedies.
Page 3 of 3