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HomeMy WebLinkAboutSuffolk Co Office of Aging ELIZABETH A. ~EVTt TOWN CLERK REGISTtLAR OF VITAL STATISTICS MARRIAGE OFFICER PmC0RDS ~-~IAOE~r~NT OFFICER FREEDOM OF ~ORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou~h0Id¢own.nor t~fork.net OFFICE OF THE TOWN CLERK ToWN OF SOUTHOLD On 20os ~SOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor JOshua Y. Horton to execute the Snpplemental Nutrition Assistance Program (SNAP) contract with the County of Suffolk IFMS No. SCS EXE 03000006931 for the period April 1, 2003 th-ough March 31, 2004. Elizabeth A. Neville Southold Town Clerk F.I~ZABETH A. NEV~LI,E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOlkMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt own.nor~hfork.net OFFICE OF T~E TOWN CLERK TOWN OF SOUTHOLD June 20, 2003 Leo~or Hunter Fiscal Adm/nistrator County of Suffolk Office for the Ag/rig Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Ms. Hunter: The Southold Town Board at their regular meeting on June 17, 2003 adopted resolution no. 373 authorizing the Supplemental Nutrition Assistance Program (SNAP) a certified copy of which is enclosed. Also enclosed are three (3) copies of the agreement that have been signed by the Supervisor Horton. Please return a fully executed copy to my office for filing~ Thank you. Very mdy yours, Southold Town Clerk Enclosures O) cc: K. McLaughlin Town Attorney Town Comptroller Office of the County Executive Human Services Division Robert J. Smith Director County Of SUffolk Robert J. Gaffney 'Suffolk County Executive Office for the Aging Holly S. Rhodes-Teague Director June 6, 2003 The Honorable Joshua Y. Horton Supervisor Town of Southold 53095 Main Road, P.O. Box 1179 Soixthold, New York 11971 RE: Supplemental Nutrition Assistance Program IFMS No. SCS EXE 03000006931 Dear Supervisor Horton: Three copies of the Agreement referenced above are enclosed. Also enclosed find a copy of form LW-33. Please sign all three copies of the Agreement and form LW-33, and remm them as soon as possible. In addition, a curr~nt copy of your Certificate of Insurance must be submitted to this office upon renewal. One fully executed Agreement will be forwarded to you as soon as the signature process has been completed. If you require any further information, please contact Mary-Valerie Kempinski at 853-8209. Sincerely, Leonor Hunter Fiscal Administrator LH:MVK:lw Enclosures cc: Karen McLaughlin (631) $53-82OO H. Lee Dennison Building · 100 Veterans Memorial Highway · P.O. Box 6~00 - Hauppauge, New York 117884~099 · FAX 353-8225 Over 25 years as the designated .~rea Jt~lency on J[ging Providing Services for Older CJBzens SUFFOLK COUNTY DEPARTMENT OF LABOR -LIVING WAGE UNIT DECLARATION OF COMPLIANCE - SUBJECT TO AUDIT Living Wage Law. Suffolk Count), Code, Chapter 347 (200I) To Be Completed By Applieant/Empl~'er/Contraetor [ Uwe hereby agree to comply with all the provismns of Suffolk County Local Law No. 12-200I. the Suffolk Cpunty Living Wage Law (the Law) and, as such, '&'ill provide m all full, pan-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract where this company lms received Ass~ance, from the Count5, ofiSuffolk as defined in the Law (Assistana2'), a ;'age rote of no Iess than~$9.00 per hour worked w/th health benefits, as described in the Law, or otherwise $10.25 per hour orthe rates as may be adjusted annually in accordance with the Law. (Chapter 347-3 B) I/we further a~ee that any tenant or leaseholder of th/s company that employs a; least ten (t 0) persons and occupies property or uses equipment or property that is improved or developed as a result of Assistance or any contractor or gubcontracmr of this company that employs at least ;en (10) persons in producir, g or providing goods or sen'ices 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 author/zed 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 Department of Labor shall review the records of any Covered Employer at least once every three years tO verify compliance with the provisions of the Law. (Chapter 3474 C) I declare under penalty of perjury under the Laws of the State of New York that the undersigned is Print Name & Title Company Name that the above is tree and correct. Date Phone # County Vendor # (if known) Federal Employer ID# LW-33 [.aW No. AGO04MI0020-04YRB ~ev. 614103 !Supplemental Nutrition Assistance Program iF'MS No, SCS :EXE 030100006931 No. 001'~6774~4980'95284-6931 Second Amendment Amendment of Agreement This is the Second Amendment of an Agreement last dated July 2, 2001, (Agreement) between the Count~ of Suffolk (Co.unty), a municipal .corporation of the State Of New York, having its .principal office a.t the County Center, Riverhead, N~w York i 1901, acting through its duly constituted :Office for theAging (Aging), having its pdndpal office at the H. Lee Dennison Building - 3rd Floor, ,100 Veterans Memoda/Highway, Hauppauge, New York (Mailing address: P.O. Box 6100, Hauppauge, New York 11788-0099), and the Town of Southold (Contractor), a NewYork municipal .corporation, having its principal place of business at 53095 Main Road, P.O. Box 1179, Southold, New York 11971. Theparties hereto desire to extend the term of the Agreement from March 31, 2003 through March 31, 2004 (theperiod April 1, 2003 through March 31, 2004 being hereinafter called the 2003/2004 Extension Period), as set forth herein. Sufficient funding exists in the2003 Suffolk County Operating Budget. Term of Agreement: Total Meals: Shall be April 1, 2001 through March 31, 2004. Daily Home-Delivered Meals: 150 - 5 days per week - midday t00 meals for 25 people - weekends Total Cost of Agreement: Shall not exceed $368,550, (of which $122,850 is for the 2003/2004 Extension Period). Terms and Conditions: Shall be as set forth in E. xhibit A-2003 and the Exhibit entitled "Suffolk Coun~ Legislative Requirements Exhibit for Contracts" revised 1/23/03 attached. In Witness Whereof, the parties hereto have executed this Second Amendment of Agreement as of the latest date written below. Town of Southold By: ~.,~ "~. /~o~hua Y. Horto~ Supervisor Fed. Taxpayer, ID #: 11---6001939 Date: Approved as to Form, Not Reviewed as to Execution: Robert J. Cimino Suffolk County Attorney By: Jonathan Bloom Assistant County Attorney Date County of Suffolk By: Date: Eric A. Kopp Chief Deputy County Executive Approved: By: Holly S. Rhodes-Teague Director, Office for. the Aging Recommended: By: Date Anna Prencipe Date Assistant Food Service Supervisor AG 4 B (4/03) Page 1 ag4 sohld 03-04 Law i' AG004Mf0020~04YRB Supplemental Nutrition Assistance Prograni IFMS N o. SCS ;~'(E'~300000693~1 No. 001~6774~4080~5284-6931 Second Amendment Exhibit A-2003 Whereas, the County and Contractor ha~,e entered into an Agreement (Law No. AG00z[M/0020- ~)4YR), last dated July 2, 2001 for a term from APril ~1 2001 through March 31 2002 for senfor citizen nutrition program(s) at a Total Cost of $122,850; and Whereas, the County and Contractor have entered into a First Amendment of Agreement [Law No. AG0~)4-M/0020-04YRA), extending the term from March 31, 2002 through March 31, 2003 and (at an additional 'cost of $122,850) increasing the Total Cost of the Agreement to $245,700; and Whereas, the parties hereto desire to modify the Agreement and First Amendment of Agreement to ex[~nd, tl~e ~er~.~0~ M.arcb 31, ~003 through March 3I, 2004 and (at aw addiflona~ cost of $12~850) :ihCTea~s~g~e. To/l~ CoSt or'the A§~eement to $368,550, as Set forth below; and, Now., ,.Ther~f°¢e,'tr~"' consideration of the covenants, ,promises and consent herein contained, the pa~i~S-he~-et° ~ree:as follows: 1. Term:of A.qreement: The Ter.~. ~§reement paragraph on page I of the Agreement is amended to read April 1, 2001 through March ~!, ~ZO~ ets Set forth on the page 1 of this Second Amendment of Agreement. 2 Suffo I~ C~u~ Legis at ve Requ rements Exhibit for Contracts: The Exhi~:~tl~d. ', Suffolk County Legislative Requirements Exhibit for Contracts" revised 1/23/03 annexeC[ h.~r&to~is made part of the Agreement. 3. Meals: Effective as of the beginning of the Extension Period, the approximate daily number, and the maximum annual number, if any, of Congregate and/or Home-Delivered Meals included in the Program'shall be as set forth on the cover page of this Second Amendment of Agreement. 4, Payment of Services: The Total Cost of Agreement $368,550 is comprised as follows: (a) $122,850 for program year 2001/2002; (b) $122,850 for program year 2002/2003; (c) $122,850 far program year 2003/2004; 5. Rate Paqe: The rate at which the Contractor shall be paid for this Extension Period is set forth for program year 2003/2004 in Exhibit C to the Agreement. 6, Gratuities: The Contractor represents and warrants that it has not offered or g~ven any gratuity to any officia] employee or agent of Suffolk County or New 'York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that he has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). 7. Except as herein amended, all other representations, terms and conditions of said Agreement, including any and all amendments or budget modifications executed prior to the date hereof, are hereby ratified and confirmed to be in full force and effect. End of Text -- AG 4 B (4/03) Page2 ag4 sohld 03-04 last rev. 1/23~0;3 Suffolk County Legislative Requirements Exhibit for Contracts This exhibit is attached to and is made part of the contract executed with the County. Contractor's/Vendor's Public Disclosure Statement Form SCEX 22; rev, 7/16/02 (form consists of two pages; requires signature & notarization) Note: The Contractor'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). III IV Suffolk County Living Wage Requirements "Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Depar[ment of Labor on10/22/02" (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 2ages) Resolution No. 819- 2002, Modifying Universal Child Sexual Abuse Reporting Policy for Suffolk County (2 pages) Statement Documents Contractor';~/~/endor'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 Govemmental Entities, (.3) Not-For-Profit CorporatiQns, or (4) Providers c~f Foster Care, Family Day Care or Child Protective Consulting Services. 1. Contractor'~endor's Name Addr~ess City and State Zip Code 2, Contracting Department's Name. Address 3. Payee Identification or Social Security No. ' 4. TYPe 0f,.Business._.C0rporation__Partnership__Sole Proprietorship__Other 5.a fsYour firm entedng int~ or has your firm entered into a contract with Suffolk County in excess ef$1,000_YesNo. 5.b Has your firm entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $!,000__.yesNo. If you answered yes to either part 5a or 5b, you must comFlet~.partS 6 through 9. In any event you must answer parts 10 and 11. 6. Table of Organization. List names and addresses of ail principals; that is, all individuals servir~ on the Board of Directors or comparable body, names and. addresses of all partners, and names and addresses of al corpo.rate officers. Conspicuously identify any person in tt'h~S table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.) w 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 em ployee of Suffolk County. (Attach additional sheet if necessary). 10. Does your firm derive 50% or more of its total revenue from your contractural or vendor relationship with Suffolk County? Yes No. If Yes, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor'sNendor's Public Disclosure Statement with the contract (describe general nature of the contract). Page 'I of 2 SCEX Form 22 ,11. R:emedreS. The failure to file ~ Verified puSh~ disclosure statement as req ired under this local law shall constitute a material breach of cont[act. Suffolk.County may resort, use or employ any remedies contained in Article Ii of the Uniform C0mm&r¢ial Code of the State of New York. In addition to ail legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equa'l to fifteen Pement (15%) of the amount of the contract. 12. Verification. This section must be signed, by an officer or pr. Jncipal of the contractor or vendor authorized to sign for the company for the purpose of executing contracts. The undersigned being sworn, affirms under the penalties of perjury, that he/she'has read and understood the foregoing statements and that they are, to his/her own knowledge, true. Dated: Printed Name of Signor: Title-of Signor: Name of Firm: Signed: Individual Proprietorship or Partnership Acknowledgement State of ) ) County of ) SS: On the day of , 20 , before me personally came , to' me known and known to me to be the person described in, and who executed, the foregoing instrument, and duly acknowledged that he/she executed the same. Notary Public Corporate Acknowledgement State of ) ) County of SS: On the day of ,20 , before me personally came , to me known, who being duly sworn, did dispose and say that he/she resides in , that he/she is the of corporation described in and'which executed the foregoing instrument; that he/she knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by the order of the board of directors of such corporation, and that he/she signed his/her name thereto by like order. Notary Public SCEX Form 22 [Rev. 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 rn part, program required to be .bid pursuan~ ~o § 103 of the New York' General'Municipal Law, [Amended 6-29-1993 b~'L,L. No. 28,1993~] NOTE: L.L No. 28-1993 also provided as follows: Section 1. Legislative Intent. This Legislature hereby finds and determines that Suffolk County's comprehensive Contractor/Vendor Public Disclosure Statement Law currently applies to a broad array of contracts that exceed one thousand dollars ($1,000.) in vatue, 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. Thfs Legislature further finds and determines that these exemptions prevent full disclosure of important information that may be useful to elected count]/ officials in determining whether or not ~peclfic types of contracts are in the public interest, especially in. light of recent.trends towards privatization and use of outside consultants on an increased basis by municipalities. Therefore, the purpose of this law is to eliminate many of the exemptions from completing and filing verified public disclosure statements with the County Comptroller available to certain contractors providing social services or health services contracts, CONTRACTOR or VENDOR [Amended 12-t8-1990 by L.L- No. 41- i990z; 6;29-1993 by LL. No, 28-19933] - Any proprietorship, partnership or closely held corporation which has a contract with Suffolk County in excess of one thousand dollars ($1,000.) or which has-three (31 or more contracts with Suffolk County, any three (3) of which, when .combined, exceed one thousand dollars ($1,000.), except: (1) Hospitals. (21 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 mateda] 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 con[ents of which are acknowledged before a notary public, containin9 information required under this section. B. 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 d ~sclosure clause shall be included and made a part of the specifications, if any, which are 'submitted to. interested potential bidders. D. 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 by the 31st day of January in each year of the contract's duration. It shall be the duty of the Comptroller to accept and file such statements. E. No contract shall be awarded to anY contractor or vendor, as defined in this section, unless 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 section shall inctude~ (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,and4oss S~tement, certified .by a certified public accountant. Such statement shall be the most current available and in no event shall have been prepared more than six (6) months prior to the date of the filing of the bid. No financial statement or profit-and-loss statement'shall be required from any contractor, or vendor having fay percent (50?/0) or:moro 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. 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 percer~t (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 !1 .DOcuments Wage Suffolk County Living Wage Requirements Exh bit As Last Revised by the Suffolk County Department of Labor on 10122/02 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No~ 12-2001, "A Local Law to Implement Living Wage Policy for the County of Suffolku {~the '~L!ving Wage- Law"), all RFPs, County contracts and financial assistance agreements,subject to the 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 exempt OhS app y or a wa ver s granted, a 1 employers (as defined) under ser¢ice contracts and recipients of county finandal,assJstance. (as ~:efined) shall provide payment of a minimur~ ~age to emplOyeeS ~asdeflned) of ' ' ~:00 per hour with ~ealtli benefits of at'least $1.25 per hoU~r o~otherwise $,1~0~25 per hour: ~uch rate shailbe adjusted annually pursuan~.o the terms or,he Suffo k 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 I 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 I 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 t by theSuffoik County Department of Labor on ~10/22102 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 Wag~ Policy for County of Suffolk", all covered employers subject to the provisions of the Living Wage Law'shall submit a completed and swom (under penalty of perjury) Cedification 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 par[ of any executed contract or project agreement and..made available to the public upon request. ' · To certify Living Wage compliance: Return Form LW-1, Form LW-2 and Form LW-33. or · To certify non-applicability of Living Wage law: Return Form LW-3. or · To request and document a general living wage exemption: Return Form LW-I, LW-2 and Form LW-4. or To request and document a specific living wage exemption: Return Form LW-I, 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 Depar[ment Directory Labor Living Wage Law Info Suffo k County Departmentof Labor Liv ng 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 COMPLI ~AxNCE - SUBJECT TO AUDIT Living Wage Law, Suffolk Couhty Code, Chapter 347 (2001) To Be Completed By ApPlicant/Employer/Contractor I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, wilt provide to all full, part-tim~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 ~ ~¢ Law, or otherwise $10.25 per h°ur or the rotes as may be adjusted annually in ac/ordance'~wihh 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 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 tenn of the contract or for fi'~e (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 true and correct. SignaturF%~ -,,-F-~F~r~ Date~ [[-/ [0 '~ Print Name & Title County Vendor # (if known) Company lqatme Phone # Federal Employer ID# LW-33 Gratuities §386-1 GIFTS TO PARTY OFFICIALS §386:t CHAPTER 386 'POLITICAL PARTIES, GIFTS TO OFFICIAI~SOF § 386-1'; § 386-2. § 386-3: § 386-4. § 386-5. Definitions. Prohibited acts. Clause required in all contracts. Penalties for offenses. Excepted.contributions; [HISTOR¥:'Adopted by the Suffolk County Legislature 12-9-80 as L.L. No. 32-1980. Amendments. noted where' applicable.] §386-1. Defin~ions. Asused ~ this chap~r, the following terms shallhave meaningsindicated: 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 inciude any transaction whereby a person agrees to sell goods or services, or both, to the county pursuant to a successful b d GRATUITY -Any money, benefit, entertainment, gift or any other consideration whatsoever. OFFICIAL OF A POLITICAL PARTY -A party officer as defined by §1-104, Subdivision 5, of the Election Law. PERSON -Any individual, partnership, firm, corporation or other legal entity, as well as their, employees, agents or representatives. POLITICAL PARTY -A party as defined by § 1-104, Subdivision 3, of the Election Law. § 386-2. Prohibited acts, 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 secudng favorable treatment with respect to the awarding or amending of such agreement or the making of any determination with respect to the performance of an agreement. Page1 of 2 B. It shall be a crime for an official of a pol~t~c~l party to solicit, receive or accept a gratuity in connection with securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of a determination with respect to the performance of such agreement. § 386-3. Clause required in all contracts. In all agreements with.the CoUnty of Suffolk made after the effective date of this chapter, there shall be written representation by the person entering the agreement with the county that he has not offered or given' any gratuity to any official, mpl¢yee or agent.pi Suffolk County or New Yark State or. of any poht~calparty, with the purpose:or int,e:nt Of securing sin agreement or securing favorab e treatment with respect~ to.thee awardihg¢or'amendJng of an agreement or the making of any det'ermma,'tj'0n,,s.w[th:m~i~;~ct to the performance of an agreCmentl and'tdat such person h~s read ar~8 is familiar Wi~ title prey Sions of tl~is 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 g The Contractor agrees to comply with the following Suffolk County resolutions, as now n effect- o~r amended hereafter or of any other Suffo k County Local Law that may become app]icable during the term of this Agreement w~ regard to child sezaal abuse reporting p~licy. - Resolution No. 543 -2002, Establishing Universal Child Sexual Abuse Reporting Policy for Suffolk County (4 pages) Resolution No. 819'- 2002, Modifying Universal Child Sexual Abuse Reporting Policy for Suffolk County (2 pages) Intro. Res. No. 1508-2002 Laid on the Table 4/25/2002 Introduced by Legislators Cooper, Postal, Bishop, Fisher, Fields, Lindsay, Binder, Foley, Presiding Officer Tonna, Nowick, Caracciolo, Carscappa, Crecca RESOLUT/ON NO. ,543 2002~ ESTABL/SHYNG ' · UN]rVERSAL CHTLD SEXUAL ABUSE REPORTZNG POLICY FOR SUFFOLK COUNTY WHEREAS, innocent children are in urgent need of protecUon against sexual abuse within the County of Suffolk; now, therefore be it 1" RESOI~VED, that the County of Suffolk hereby establishes a formal child sexual abuse reporting policy as fbliows: A.) Each County Department that has a contract or agreement with any individual, corpocation, joint: venture, business organ)zation, or other ent'rty payments from the County of Suffolk, either directly or as a from ano[her level of go*cernment, shall notify such corporation, joint or d~scl~ure prbvisi0ns of Parag~ pred~ent tOreceipt of such in t and a condition o[~a any 1.} Ra~e in. the third degree, SecUon 130.25. (less than seventeen (17) ye~s old) of the N;L=~V YORK PENAl. LAW; 2.) Rape in the second degree, Se(don 130.30 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; 3.) 4.) Rape in the ~:irst degree, Section 130.35 (lese than eleven C11) years Old) of the NEW YORK PENAL LAW; Sodomy in the third degree, Section 130.40 Iless than seventeen (17) years old) of the NEW YORK PENAL LAW; 5.) 6.) 7.) Sodomy in the second degree, Section 130.45 0ess than fourteen (14) years old) of the NEW YORK PENAL LAW; Sodomy in the first degree, Section 130.50 (less than eleven (11) years old) of the NEW YORK PENAL LAW; sexual abuse .in the third degree, S~ion 130.55 (less than seventeen (17) years old] of the NEW YORK PENAL LAW; 8.) Sexual abuse in the second degree, Section 130.60 (less than fourteen (14) years, old) of the NEW YORK PENAL LAW; Sexual abuse in the first, degree, Section 130.65 (less than eleven (11) years old) of the NEW YORK PENAL LAW; !0.) 11.) 12,) 13.) 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 (~1) years old) of the NEW YORK PENAL LAW; .Aggravated sexual abuse in the first degree, Section 130.70 (less than eleven (11) years old} of the NEWYORK PENAL LAW; Course of sexual conduct against a child in the first 'degree, Section 130.75 (less than eleven (11) years old) of the NEW YORK PENAL LAW; and B.) co D.) i4.) ~?.) 18.) Course of sexual conduct against a child in the second degree, Section :[30.$0 (less than eleven (:[:[) years old) of the NEW YORK PENAL LAW; Sexual misconduct, Section 130.20 (sexual intercourse without consent) of the NEW YORK PENAL LAW; - ' Forcible touching, Section :[30.52 (sexual or intimate parts) of the NEW YORK PENAL ~LAW; :[90 20.) Persistent sexual abuse, Section 130.53 (two (2) or more convictions within the past ~er. (:[0) years for, less than seventeen years cid or fourteen (14) years old) of the NEW YORK PENAL LAW; Aggravated sexual abuse in the fOurth, degree~ Section (Jess ~han sevente}ed (17) y;ears c~d] of the NEW YOpJ( PENAL LAW; Female genital mutilation, Section ~30.85 (les~'than eighteen (:[8) years old non-medical p~ocadure) of the NEW YORK PANEL LAW; Facilitating a sex offense with a controlied'~ubstance~ Section ~30,90 (w!thout consent to commit a felon,~) of the NEW YORK PENAL LAW For the purposes of this Resolution, clergy shall mcan 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; Alt supervisory, administrative, or management employees of any individual, partnership, corporation, joint venture, business organization, or other entity receiving payment from the County of Suffoik, either directly or as a conduit for payment from another level of government, under agreement or contract with the County of Suffolk, shall report or cause a report to be made to the New York State Child Protective Services Child Abuse Registry at :[-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 c!ergy person comes before them and states from personal knowledge facts, conditions, o? circumstances, which, if correct, would render th~ minor a victim of sexual abuse under any of the following sex offenses, said reporting to occur within forty-e'~ht' (48) hours after forming the ~eesonable cause or first learning of the allegations: ~.) 2.) 3.) 4.) 5.) 6.) Rape in the third degree, Section 130.25 (less than seventeen (17) years old} of the NEW YORK PENAL LAW; Rape in the second degree, Section 130.30 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; Rape in the first degree, Section 130.35 (less than eleven years old) of the NEW YORK PENAL LAW; Sodomy in the 'third degree, Section :[30.40 (less than seventeen (~7) years old) of the NEW YORK PENAL LAW; Sodomy in the second degree, Sec:ion :[30.45 (less than fourteen (:[4) years old) of the NEW YORK PENAL LAW; Sodomy in the first degree, Section :[30.50 (less than eleven (:[1) years old) of the NEW YORK PENAL LAW; E,) F.) 7.) 9.) 13.) 14.) 15.) Sexual abuse in the third degree, Section 130.55 Cless than seventeen (17) years old] of the NEW YORK PENAL LAW; Sexual abuse in the second degree, Section 130.60 ([ess than fourteen (];4) yeara o1~) of the NEW YORK PENAL LAW; Sexual abused'in the first degree, Section 130.65 (less than eleven (tl) 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 sexuai abuse in the second degree, Section 130.67 (ies~ than eleven (1l) years old) of the NEW YOPJ( 'PENAL LAW; Aggrevated~sexual abuse in the first degree, Section 130.70 (less than eleven (1:1) yea~s:old) of the NEW YORK PENAL LAW; Course of sexual conduct against a child in the first degree, Section :130.75 Cless 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 (1~L) years old) of the NEW YORK PENAL LAW; Sexual misconduct, Section 130.20 (sexual rntercourse without consent) of the NEW YORK PENAL LAW; 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; 19.) 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 Iwithout consent to commit a felony) of the NEW YORK PENAL LAW; Whenever a clergy person is required to repor~ 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 drcumstances, which, if correct, would render the minor a victim of sexual abuse; No information derived from a confession or confidential communication to a clergyman shall be disclosed pursuant to the requirements of this Resolution if the confession or confidence is made to the clergyman in his or her professional capacity as a spiritual advisor, unless the person so confessing or confiding waives this privilege; All contract vendors covered by this Resolution shall inform all of their employees in writing as to the disclosure requirements of this Resolution and shail also inform them that each of them must report an'~ allegations of child abuse covered in paragraph (A) or the 1~ RESOLVED clause of this Resolution · to supervisory, management, or designated administrative personnel of the employer; and be it further - - ~2~ RESOLVED, that failure to comply with the terms and conditions of this Resolution cheil result in the follow rig: First violatiom ,the contract vendor shall be issued a warning and ail supervisory, administrative, and management employees of such- contract ,vendor shall be required to attend a child sexual abuse prevention/education workshop provided by a contract agency approved by the County of Suffolk via duly enacted Resolution which workshop shall include specific skills for adults to help prevent childhood sexual abuse; sld{ls that adults can teacti children to' 'help protect,themselves from chi!dhood sexual abuse;, ski!Is for detecting the s~ghs, of ehili~ho~d Sexual ab~se; ~nd how to-report ailega~dofis~pf childhood sexual abas~. ~he cost Of this ~training shelf Re, paid for by ~he contract vendpr. [r~ ado3ti~qi~, the contract vendor, shaft submit ~ corre, ctf~e plan of action to the Siiffdlk County Office of*[abor R~ations; Second violation within a three (3} year period subsequent to a first violation: the contract vendor sba i be subject to a fine of ten (3.0%) percent of the contracts, that the. perfiner~.vi0iating individual supervisor, manager, or edminLs~ter ov~e~sees, not to exceed. Fifty Thouspnd (.~O,000.00) Dollars. [n addition, the contract Venclo, r s~al~li be put on probation for three (3) yearS. Ap a~lnual reVieW shall be coh~dadted by the Suffolk County Department of Audit and Control; c.) Third violation within a three (.3) year period subsequent to a first violation: the termination of the agreements with such individual, partnership, corporation, joint vepture, bus, ess organization, or other entity overseen by the pertJr~ent violating indi~'idual supervisor, manager, or administrator and the withholding of alt payments to s,aid individual, partnership, corporation, joint venture, business organiZatidn, or 0thor entity for such agreements regardless of.whether such payments are for past or furore goods o[' services. The contract~'endor she, il not be eligible )'or fu..?ding ¢rom the CounW for three (3) years from the date of such terr~inatibn; a~d be it: further 3"* RESOLVED, that the Suffolk Couaty Department of Law is hereby authorized, empowereo, and directed to issue and promulgate such rules and regulations as shall be deemed necessary and appropriate to implement the provisions of this Resolution; and be it further 4u' RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type ~! action pursuant to Section 63.7.5(c)(~20) and (27) o[ TJUe 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-Oi09(2) of the NEW YORK ENWRONMENTAL CONSERVAT[ON !AW as a promulgation of regulations, rules~ policies, procedures, and · legislative decisions in connection with continuing agency administration, managerr~nt and information collection, and the Suffolk County Council on Environmedtal QOality (CEQ] is hereby directed to circulate any appropriate SEC~RA not~ces of determination of non-applicability or non-significance in accordance with this resolution, DATED: 3uno 1/~, 200:2 APPROVED BY:. /s/Robert .1. Gaffney County Executive of Suffolk County Date of Approvah 3uno 21, 2002 ~ntro. Res. No. 1862-2002 ~ntroduced by Legislator Cooper 'Laid on the Table 8/6/2002 ~RESOLUTZON NO, 819 - 2002j HOD'rFYTNG UN'rVERSAL CH'rLD SEXUAL ABUSE REPORT'rNG POLICY FOR SUFFOLK COUNTY WHEREAS, Resolution No. 543-2002 es~blished A Universal Child Sexual Abuse Reporting Policy for Suffolk County, a centrsi component of= which prov'~ded 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 racomr~ended a change in that point of contact by suggesting a return to. the original version of the Legislation; now, therefore be it RESOLVED, that Paragraphs (D~ and (E) of the 1~ RESOLVED clause of Reao[ution No. 543-2002 is hereby amended to read as follows? All supervisor/, administrative, or management employees of any individual, partnership, corporation, joint venture, business organization, or other entity receiving payment from the County of Suffolk, either directly or as a conduit for payment from another level of government, under agreement or contract with the Count~' of Suffolk, shall report or cause a report to be made to 911 or the pertinent village, town, or county_Police Department when he, she, or it has reasonable cause to suspect that a minor 'coming before them is.or has been the victim of sexual abuse, or when another person or clergy person comes before them and states from personal knowledge facts, conditions, or circumstances, which, if correct, would render the minor a victim of sexual abuse under any of the following sex offenses, said reporting to occur within twenty-four [24) hours after fornYtng the reasonable cause or first learning of the allegations: 1.) 2.) 33 Rape in the third degree, Section 130.25 [less than seventeen [17) years old) of the NEW YORK PENAL L~W; Rape in the second degree, Section 130.30 (leas than fourteen [14) years old) of the NEW YORK PENAL L~W; Rape in the first degree, Section 130.35 (less. than eleven (11) years old) of the NEW YORK PENAL I.~W; 4.) 5.) 7.} Sodomy in the third degree, Section 130.40 (less than seventeen (:1.7) YearS old) of the NEW YORK PENAL LAW; Sodomy in the second degree, Section 130.45 (less than fourteen (14) years old) of the NEW YORK PENAL LAW; Sodomy in the first degree, Section 130.50 (less than eleven Cll) years old) of the NEW YORK PENAL LAW; Sexual abuse in the third degree, 5ectiom 130.55 (less than seveatee~ (17) years old) of the NEW YORK PENAL LAW; 8.) Sexual abuse in the second degree, Section 130.60 (less than fourteen (~4) years old) of the NEW YORK PENAL LAW; 9.) Sexual abuse in the first degree, Section 130.65 (~ess than eleven (1~.) years old) of the NEW YORK PENAL LAW; 10.) Aggravated sexual abuse in the third degree, Section 130.66 0ess Ban eleven (1~,~ years old) of the NEW YORK PENAL LAW; 11.) Aggravated sexual abuse in the second degree, Section :t30.67 (less than eleven (1~) years old) of the NEW YORK PENAL LAW; 120 . Aggravated sexual abuse in the first degree~ Section 130.70 (/ess than eleven (11) years old) of the NEW YORK PENAL LAW; 13.) Course of sexual conducl; against: a child in the first degree, Section 130J5 <less than eleven. (ll).year~ Did) of th~ NEW. YORK PENAL LAW; end 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 ~ENAL LAW; Sexual misconduct, Section 130.20 Csexual intercourse without consent) of the NEW YORK PENAL LAW; Forcible toucbing~ Section 1~0.52 (sexual ~or intimate parts) of the NEW YORK PLCNAL LAW} ' Persistent sexual abuse, Section :130.53 (~wo (2) or more convictions within~the past ten (:10) years for less than seventeen yea~s old or fourCeen (14) years old) of the NEW YORK PENAL LAW; 180 Aggravated sexual abuse in the fourth degree, Sec[i~n 130,65-a (leis than seventeen (17) years old) of the NEW YORK PEN_AL LAW; 19.) 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 subsf:ance, Sect[on 130.90 [without consent ta commit a felony) of the NEW YORK PENAL LAW; E.) Whenever a clergy person [s reclu[red 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 9~_1 or the. peddnent village, town, or county Police Department when he or she has reasonable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another clergy oersen 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 resotuUon constitutes a Type II actio~ pursuant: to Section 6~7.5(c)(20) and (::>7) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0:109(2) of the NEW YORK ENVZRONHENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and [egis[ative derisions in connection with continuing agency administration, management end information colle~Uon, and the SuffoLk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA no~Jces of determination of non-app[icability or non-significance in accordance with this resolution. DATED: August 28, 2002 APPROVED BY: Is! Robert: 3. Gaffney County Executive of Suffolk County' Date of Approval: September 10, 2002